National Archives C7/427/50
[Partial Transcript]
25th November 1657
Bill of Complaint Edward EXALL
Humbly Complaining showeth unto your Honourable Lordship your daily Orator Edward EXALL of Merrow in the County of Surrey yeoman. That whereas James MAXWELL late of Guildford Esquire being seized […] // of and in all that park. And all those lands called Guildford Park lying and being in the parish of St Nicholas in Guildford and Worplesdon in the said County of Surrey. And of several manors farms lands and [?] // Aforesaid did in his life time. That is to say in the one and twentieth year of the reign of the late king Charles and for several years before employ and authorise one Robert TERRY of Guildford aforesaid [?] since deceased to let and set [all?] […] // and hereditaments there as there should be occasion. And for that purpose did authorise the said Robert TERRY by letter of Attorney as by the same if it might be produced would appear. And whereas thereupon the said Robert TERRY in or about […] // in the said one and twentieth year of the reign of the said late King Charles did give in speech that the said James MAXWELL would demise for a term of years. All that messuage or farm called the Manor […] // Belonging together with the lands called the Paddocks near adjoining being all sometime parcel of the said Guildford Park with all the barns stables and outhouses thereunto belonging with the appurtenances situate […] // St Nicholas in Guildford in the said County of Surrey late in the tenure or occupation of Francis CARTER Gent. or his assigns. And that the said Robert TERRY had full power from the said James MAXWELL to contract with […] // would take any lease thereof. And that the said James MAXWELL being then in Scotland would at his return into England make good the same. And thereupon your Orator had treaty and communication with the said Robert TERRY […] // thereof. And upon the said treaty your Orator and the said Robert TERRY did come to an agreement. And your Orator did contract with him for the said messuage farm and premises from lady day then next issuing for seven years […] // Contract was to pay for the premises for the half year to be ended at Michaelmas then next following thirty pounds and for the seven year’s residue of the said term three score pounds by the year. And thereupon Articles of Agreement were […] //And agreed upon between the said Robert TERRY by the name of Robert TERRY of Westwood in the parish of Worplesdon in the said County of Surrey Gent. for and on behalf of James MAXWELL Esquire as his Attorney sufficient […] // part. And your Orator on the other part bearing date the three and twentieth day of February in the one and twentieth year of the reign of the late King Charles whereby it was agreed that by lease in writing to be signed […] // MAXWELL and as his act and deed to be delivered by the said Robert TERRY. The said James MAXWELL should demise grant and to farm let unto your Orator. The said messuage farm and premises from the feast day of the annunciation of Mary […] // Ensuring the date of the said Articles unto the full end and term of seven years and a half. And in and by the said articles It was further agreed that your Orator his executors and assigns should pay for and in respect of the […] // said James MAXWELL his heirs and assigns the sum of thirty pounds of lawful money of England at the feast of St Michael the Archangel next coming. And that the same should be secured to be paid according […] // his executors and assigns should also render and pay for the same premises yearly and every year during the term of seven years then next following unto the said James MAXWELL his heirs and assigns the […] // of lawful money of England at the two most usual feasts or [?] in the year. That is to say at the Feast of the annunciation of Mary the Blessed Virgin and St Michael the Archangel by equal portions. [?] in and by the said […] // produced amongst diverse other things therein contained would appear. And your Orator further shows that in regard your Orator was to enter upon the premises at Lady Day following your Orator upon the request of the said Robert TERRY for […] // said Articles the half years rent to grow due at Michaelmas following did at the sealing the said articles enter into a bond of three score pounds to the said James MAXWELL conditioned for the payment of thirty pounds to the said […] // Michaelmas day following or shortly after which said bond bearing date with the said Articles or near about the same time and was entered into to the said James MAXWELL in his absence only for security of […] // According to the said agreement in the said articles your Orator having no other occasion at all to enter into any bond to the said to the said James MAXWELL never having had any the lease dealings with the said James MAXWELL before the […] //As aforesaid. And at which time the said James MAXWELL himself was in Scotland. And your Orator further showeth that in pursuance of the said contract your Orator at or about Lady Day following entered the said messuage […] // and stocked the same and did not then doubt but that he should have had the lease made and executed to him either by the said James MAXWELL or the said Robert TERRY as his attorney according to the said Articles […] //showeth that the said Robert TERRY delayed of himself to seal the said lease and the said James MAXWELL in or about the beginning of the month of May following returned from Scotland to Guildford. And being made […] //Robert TERRY and your Orator of the said contract for the said lease and of the said Articles of agreement thereupon between the said Robert TERRY and your Orator as aforesaid and the said Robert then delivering […] // said Articles that was under the hand and seal of Your Orator with your Orators said bond for the thirty pounds. The said James MAXWELL did dislike and renounce the said contract. And did utterly refuse to make […] // Orator or that your Orator should have a lease thereof according to the said Articles. And thereupon got his said his said Letter of Attorney from the said Robert TERRY. And thereupon your Orator not will to […] // MAXWELL being a great and powerful man was enforced to come to a new agreement with him touching the premises. And thereupon your Orator to his great loss and damage did contract and agree with […] // MAXWELL for a lease of the premises from Lady Day then last past being in the year 1646 at and under the yearly rent of three score and sixteen pounds to be paid at Michaelmas and Lady Day by equal […] // the said New agreement some articles were at present made between the said James MAXWELL and your Orator. And the said James MAXWELL upon the sealing the said Articles got from your Orator the articles […] // the said Robert TERRY. And in pursuance of the last mentioned Articles the said James MAXWELL by the indenture made between him of the one part and bearing date the twentieth […] // in the two and twentieth year of the reign of the late King Charles and in the year of our Lord 1696 did demise to your Orator the said messuage farm and premises with their appurtenances except as hereby […] // Feast of the annunciation of St Mary the Blessed virgin last past before the date thereof for the [?] of eleven years at and under the yearly rent of three score and sixteen pounds to be paid at the feast of St Michaelmas […] // and by the annunciation of St Mary the Blessed virgin by equal portions and in and by the counter parts of the said indenture in your Orators hands amongst other things therein contained doth and may appear. Which lease was[…] // therein against your Orator. And the said James MAXWELL required and had bond from your Orator [..] for performance of the covenant of the said lease. And your Orator in pursuance of the said Articles made with the said James MAXWELL […] // Lease to him made by the said James MAXWELL well and truly paid to the said James MAXWELL thirty and eight pounds for the first half years rent of the said term and after during the [?] of […] // eleven years well and duly paid the said yearly rent as it grew due to the said James MAXWELL himself
To have the said bonds of three score pounds by him entered into as aforesaid for the [?] payment of the first half year of rent according
And renounce the agreement articles made by the said Robert TERRY as aforesaid in all things. And for that
Him made to your Orator. Your orator hath paid thirty and eight pounds for the said first half year. And therefore
Time of making the said Bond being the only sum that your Orator was to pay by his articles and agreement with
MAXWELL being dead and having made his Will and thereof made Elizabeth Countess of Dirleton in Scotland
In and the same together with the said articles made by the said Robert TERRY as aforesaid in things. And for that
Doth not only refuse to deliver the said Bond up to your Orator although your Orator being was come to the
As aforesaid for security of the first half years rent according to the articles and agreement with the said Robert TERRY with your Orator being
[?] as aforesaid upon your Orator by the said James MAXWELL and being so increase was duly satisfied by your Orator
Elizabeth Countess of Dirleton doth also most [?] require from your Orator the said thirty
The same or the full penalty thereof she knows your Orator never had any dealings with the said
Made as aforesaid with the said Robert TERRY All which causes and proceedings of the said Elizabeth
Under consideration whereof. And for the time your Orator is in trust remainder at law against the said bond