National Archives document C9/5/42
Description: Cranbourne v. Thackham and Parsons Date: 1650
[Complete Transcript]
Contents
Answer of PARSON and THACKHAM to CRANBOURNE. 3
Bill CRANBOURNE V THACKHAM
Humbly complaining show unto your Lordship your daily Orator and Oratrix Charles Lord CRANBOURNE and the Lady Diana his wife that // [?] James MAXWELL Earl of DIRLETON in Scotland father of your Oratrix the Lady Diana was in his life time seized in fee amongst // other things of and in a certain parcel of land called by the name of the Downs containing my estimation two hundred acres // or thereabouts lying and being in the parish of St Nicholas in Guildford in the county of Surrey being parcel of Guildford Park lately // disparked and also of and in one other parcel of land containing by estimation twenty acres or thereabouts being one other parcel // of the said park lying and being towards the west side thereof. And he the said James MAXWELL Earl of Dirleton being thereof so // seized did about four years since by his Indenture of lease demise grant and to farm let one moiety of the said parcel of land // called the Downs unto Henry THACKHAM of Guildford in the said County of Surrey for the term of twenty years or for some other term // in the said Indenture mentioned reversion thereby the yearly rent of fifty pounds of lawful money of England payable at the // several feasts of [the annunciation?] of the virgin Mary and Michael the Archangel or within one and twenty days after either of the // said feast by equal portions as by the said indenture of lease of your Orator and Oratrix could produce the same would at large // [appear?]. And he the said James MAXWELL Earl of DIRLETON did also about the same time by one other indenture of lease demised // [?] and to farm let the aforesaid other parcel of ground containing twenty acres unto James PARSON of Guildford aforesaid for the // Term of twelve years or for some other term in the said last mentioned indenture expressed reserving by the said indenture of // Yearly rent of eleven pounds eight shillings payable at the foresaid several feasts of The Annunicaton of the Virgin Mary // And Michael the Archangel or within one and twenty days after by equal portions as by the said last mentioned indenture of // your Orator and Oratrix had the same to produce would appear. And said Orator and Oratrix further show that the said Henry THACKHAM and James // PARSON by virtue of the said several indentures of lease did severally and respectively enter into the said several parcels of land // thereby severally and respectively demised and became thereof possessed and have enjoyed the same accordingly. And // the said James MAXWELL Earl of DIRLETON about a year since being in Scotland then died in testate about the month of // May last after whose death letters of Administration of the goods and chattels of the said James MAXWELL Earl of DIRLETON were lawfully // granted unto the Oratrix the Lady Diana she being the only issue of the said Earl here in England which said letters of Administration [?] // your said Orator and Oratrix do produce and show forth in this Honorable Court by virtue of which all the rents due and payable by the said // Henry THACKHAM and James PARSON and either of them upon the said several indentures before the death of the said Earl of DIRLETON do as // right belongs and ought to be paid by [Henry?] unto your Orator in right of your Oratrix his wife as Adminstratrix of the goods // and Chattels of him the said Earl of DIRLETON [..] since his death heir unto him the said Earl her father. But now so it is may it // Please your Lordships that the said Henry THACKHAM and James PARSONS having in their hands and unpaid the several rents due // upon the said several indentures at the feat of the Annunciation of the Virgin Mary last past and diverse other rents due unto // Your Orator and Oratrix upon the said indenture of lease [?] before the death of the said Earl of DIRLETON as since do // Absolutely refuse to pay the same but by combination betwist themselves do endeavour to defeat your Orator and Oratrix // Thereof they the said Henry THACKHAM and James PARSON well knowing that your Orator and Oratrix cannot produce // The counterparts of the said leases whereby to compel payment of the said several rents by the rules of the // Common laws of this land. In tender consideration whereof and for that your Orator and Oratrix have not the // [counter?] of the said leases now can come by the same in respect of the said Earl of DIRLETON dying in Scotland or for // that the said Henry THACKHAM and James PARSON have by [?] sinister means gotten them into their or one of their // hands or custody or into the hands and custody of some other by their privity and appointment by reason whereof // Your Orator and Oratrix are absolutely without remedy at law or otherwise for the said rents [?] only by a // Course of Equity in this Honourable Court. To the end therefore that he said Henry THACKHAM and James PARSON and // either of them may upon their several corporal oaths answer all the said remises and set forth [?] is in // appear and unpaid by them or either of them upon the said several indentures of lease and that they and either of them may // by the order and decree of this Honourable Court be compelled to pay the sum unto your Orator and Oratrix according // to justice equity and good conscience may it please your Lordships to grant unto your said Orator and Oratrix [?] // of subpoena to be directed to them the said Henry THACKHAM and James PARSON commanding them and either of them at a certain // Chancery then and there to answer the premises and further to stand and abide such further order and [?] therein // As to your good Lordship shall seem meet. And your Orator and Oratrix shall dayly prayer. //
Burrough.
G W JOHNSTONE
Answer of PARSON and THACKHAM to CRANBOURNE
The joint and several answers of James PARSON and Henry THACKHAM Defendants to the Bill of Complaint of Charles Lord CRANBOURE and the Lady Diana his wife Complainant
15th November 1650 Rob AYLETT
The said defendants saving unto themselves now and at all times hereafter all advantage of exception to the uncertainties and insufficiencies of the said Bill of Complaint for answer thereunto they jointly and severally answer// say as follows. And first they both say they believe it to be true that the said James MAXWELL Earl of DIRLETON in Scotland was in his life time seized in the fee amongst other things of and in the several // parcels of lands in the Bill mentioned being of such content by estimation as in the said is expressed being parcel of Guildford Park lately disparked as in the Bill mentioned and being seized the // said Henry THACKHAM further severally answering for himself confesses the said James MAXWELL Earl of DIRLETON did by indenture bearing date the twentieth day of March in the three // and twentieth year of the reign of the late King Charles by the of James MAXWELL Esquire one of the Grooms of His Majesty’s bedchamber demise to him this Defendant all those lands and grounds // with appurtenances containing by estimation four score acres be they more or less then in the occupation of him this defendant or his assigns lying and being in the parish of St. Nicholas in Guildford in // In the said County of Surrey parcel of lands and grounds in the said Bill mentioned called Downes in Guildford Park as the same were then divided and [?] from the residue of the said // lands called Downes and the moiety or one half of the herbage and pasturage of all plot or parcel of ground called Henley Grove adjoining to the lands called the Course and lying open to// the said grounds called the Downes. And the moiety of the Great Barn at the messuage called the Lodge in Guildford Park and Liberty on ingress egress and regress to and from the said lands to the // said Barn and from the said Barn to the said ground (except the trees and liberty of ingress [?] and regress in the usual ways and passage over the said grounds // Hunting. To have and to hold to him this Defendant his executors administrators and assigns from the feast of St Michael the archangel last past before the date thereof for during and until the full end and term // of ten years under and for the yearly rent of fifty pounds payable at our Lady Day and Michaelmas by even portions as by the same indenture of lease remaining in this defendants custody and where to // for more certainty thereof this defendant refers himself it doth and may more at large appear by virtue of which of which lease so as aforesaid made this defendant confesses he entered into the said lands or // premises and hath ever since enjoyed the same and did from time to time pay the said rent due before the feast of the Annunciation of our Lady last past when this defendant being informed that the said // James MAXELL Earl of DIRLETON was deceased and the wife and relict of the said Earl claiming by making title to the said rent due at Our Lady Day last as executrix of the last will of the // Said James MAXWELL Earl of DIRLETON or by some other title and this defendant being informed and understand that the said James MAXWELL Earl of DIRLETON hath another daughter // who claimed a moiety of the sad lands rent and premises as coheirs with the said Complainant the Lady Diana and he this defendant having likewise heard that the said Earl in his life [settled?] // the premises by conveyance upon some grandchild or grandchildren and that the [same?] is not descended to the Complainant the Lady Diana this Defendant confesses for those causes not being satisfied // That the said rent doth of the right belong to the Complainants in right of the said Lady Diana did not pay the said half years rent due at Our Lady Day last being [?] pounds // and there is likewise due for half years rent of the premises ended at Michaelmas last […] which this defendant will be ready to pay to whom of right it shall belong and as this // Court shall order and direct being thereof lawfully discharged by order of this Court and being allowed rent monies paid by him this defendant as rent to the common wealth with which the // Said Park were charged and for messengers charges and fees at several times Eleven pounds and ten shillings being for the last years and for part of the taxes for the last year // One and twenty shillings and such charges and expenses as he this defendant shall be necessarily put unto in this most honourable Court which this defendant hopes this Court will think reasonable this // Defendant Henry THACKHAM for further answer doth deny that there is any more or other rent due or unpaid by him this defendant for the premises but only for the said two last half // years being in all fifty pounds where out this defendant prayeth allowance of the monies so as aforesaid paid and which he shall […] and to be put unto in this suit // And this defendant James PARSON further severally answering by and for himself saith and confesses that the said James MAXWELL Earl of DIRLETON did by indenture bearing date // the twentieth day of November AD One thousand six hundred and forty-six [1646] in the two and twentieth year of the reign of the late king Charles by the name // of James MAXWELL Esquire one of the Grooms of His Majesties Bedchamber demise to him this defendant three closes or parcels of land and pasture with the appurtenances containing by // estimation nineteen acres (be they more or less then or late before in the [?] or occupation of the said James PARSON or his assigns parcel of Guildford Park in the // said County of Surrey and did also grant liberty way and passage to the said lands excepting liberty of ingress egress and regress in the usual way upon or adjoining to the // said lands and the royalties of Hawking and hunting. To have and to hold to him this defendant James PARSON his executors and assigns from the feast of St Michael the Archangel last // past before the date thereof for during and until the full [?] and term of eleven years from thence next ensuing and fully to be completed and ended under and for the yearly // rent of Eleven pounds and eight shillings at our Lady Day and Michaelmas by even portions yearly to be paid by the aid Indenture remaining in this defendant’s custody and whereto // for more certainty thereof this defendant refers himself it doth and may at large appear by virtue of which lease so as aforesaid made this defendant confesses he entered // into the said lands and premises so to him demised and hath evert since enjoyed the same and did from time to time pay the said rent did before the feast of the Annunciation of the Virgin last past // when this defendant being informed that the said James MAXWELL Earl of DIRLETON was deceased and the and relict of the said Earl claiming or making title to the said rent due at our // Lady Day last as executrix of the last Will of the said James MAXWELL Earl of DIRLETON or by some other title and this defendant being informed and understanding that the said James MAXWELL // Earl of DIRLETON hath another daughter who claimed a moiety of the said rent and premises as coheir with the complainant the Lady Diana. And this defendant having likewise heard that // the said Earl in his life time [?] the premises by conveyance upon some grandchild or grandchildren. And that the same is not descended to the Complainant the Lady Diana he this // Defendant confesses for those causes not being satisfied that the said rent doth of right belong to the complainants in right of the said Lady Diana did not pay the said half year rent // due at Our Lady Day last nor the last years rent due at Michaelmas last being in all Eleven Pounds eight shillings which he this Defendant will be ready to pay to whom of right it shall // belong and as this Court shall order and direct being thereof lawfully discharged by order of this Court and being allowed certain monies paid by this defendant to the Commonwealth // for rent due for the Priory of Guildford [?] the possessions and ands late the said James MAXWELL Earl of DIRLETON in or near Guildford aforesaid and for messengers // charges and fees at several times three pounds and [?] shillings being paid this last year by this defendant the messenger being sent to this defendant as he believes by the // Complainants or some of their agents and for taxes for the [?] to the [state?] for the said lands thirty shillings and a penny and such charges and expenses as he this defendant // Shall necessarily put unto in this most Honourable Court [?] hopes this Court will think reasonable. This defendant James PARSON further severally answering // For himself doth deny that there is any more or other rent due or [?] in this defendant for the said lands to him demised but only for the said two last half // Years being in all Eleven pounds eight shillings where out this defendant prayeth [?] monies so as aforesaid paid and which he shall necessarily expended and be [put?] // In this suit. And both these defendants further severally answering by and for themselves say that [?]James MAXWELL did not demise to either of them any other lands // [?] herein before by way of answer severally confess it to them severally demised in manner [?] Aforesaid. These defendants for further answer severally say did not that the // Said James MAXWELL Earl of DIRLETON died intestate about the time in the Bill set forth or at any other time but [?] herd and believe that the said Earl did make his // Last Will and Testament in writing and thereof nominated and appointed the Lady his relict executrix who [?] to proved [?] these defendants are advised the Letters of Administration // Granted to the plaintiffs the Lady Diana are void neither do these defendants know that letters of administration of the goods and chattels of the said James MAXWELL Earl of DIRLETON were granted // to the complainant the Lady Diana but in case letter of Administration were granted yet in case there were a Will made by the said James MAXWELL Earl of DIRLETON and an executor // Therein named these defendants pray the Judgement of this most honourable Court whether the rent growing due in the life time of the said James MAXWELL […] // To be paid to such executor. And these defendants further severally answering either by and for [?] [?] do deny that they have gotten into their or either of their hands // or into the hands of any other by their privity or appointment the counterpart of the said indenture [?] [?] either of them. And they severally answering either for // himself do deny all the combination charged by the said Bill against them these defendants without that that [?] [?] or things material or effectual in the // Law whatsoever for them these defendants to make answer unto and not herein and hereby sufficiently answered unto confessed and avoided [?] or denied is true to the knowledge // of they these defendants all which matters and things these defendants are ready to [?] and prove as this most honourable court [?] award and therefore humbly pray to be // dismissed out of the same with their reasonable costs and charges in this behalf most wrongfully suffered.//
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