National Archives Document C10/44/50
Contents
Bill of Complaint of Charles Lord CRANBOURNE and Diana his wife. 1
Writ to William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL. 4
Writ/Bill William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL. 5
Plea of William SMITH and John RINGHAM.. 6
Plea of William LANE, Edward JONES, William CLIFTON, Richard WALLIS. 7
Bill of Complaint of Charles Lord CRANBOURNE and Diana his wife
20th June 1651
SMYTHEY
To the right Honourable Lord Commissioners for the custody of the Great seal of England
Seale of England
Humbly complaining show unto your Lordship your daily Orator and Oratrix Charles Lord CRANBOURNE and the Lady Diana his wife that whereas James MAXWELL Earl of // DIRLETON in Scotland deceased father of your Oratrix the Lady Diana was in his life time seized in fee of the manor of Wanborough, Priory House of Guildford, // Guildford Park with the appurtenances lying and being in the County of Surrey. And he the said Earl being thereof so seized about five years since as well by // several indentures of demise in writing as also by several leases poll and for an year to year demise grant and to farm let for several terms of years // and for one year to year unto William LANE, Edward JONES, William Clifton, Edward EXALL, William SMITH, John [?ham], Richard WALLIS respectively several parcels and quantities of // the said Park called Guildford Park and other lands and premises belonging to the Manor of Wanborough reserving by the said several and respective leases // several yearly rents payable half yearly or at some other time or times unto the said Earl of DIRLETON his heirs executors and assigns at some certain // place by the said leases expressed and agreed by virtue of which said several and respective leases the said several persons did respectively enter into the several // [?] of land thereby demised unto too them and became thereof possessed and have severally enjoyed the same ever since making the leases aforesaid and // your Orators further show that the said James MAXWELL Earl of DIRLETON being in Scotland about a year since died after whose death the Manor Priory House // Lands and premises did descend and come unto your Oratrix the Lady Diana as daughter and heir of him the said Earl of DIRLETON by reason whereof all and singular // the said rents due and payable by the aforesaid several persons upon the said leases are due and ought to be paid unto your Orator and Oratrix the Lord CRANBOURNE in right // of his said wife as heir unto her said father the Earl of DIRLETON but now so it may it please your Lordship that the said William LANE, Edward JONES, William // CLIFTON, Edward EXOLL and Richard WALLIS having in their hand and unpaid rents due upon the said leases since the death of the said Earl // of DIRLETON do absolutely refuse to pay the same unto your said orator the Lord CRANBOURNE in right of his said wife but by combination amongst [?] // do endeavour to defraud him thereof they the said persons well knowing that your Orator and Oratrix cannot produce the counterparts of such of the said lease as // and in writing now prove the said other parcel leases or agreements whereby to compel payment of the said several rents by the rules of the Common Law and they these // said before named persons and receive of them do refuse to set forth and declare what and how much rent they and every of them respectively are by the said // leases bound to pay or to pay the same accordingly. In tender consideration whereof and for that your Orator and Oratrix have not the counterparts of the said // For the [?] of the said rents at the Common Law for that the said Earl of DIRLTON died in Scotland and they your Orator having as yet gotten into their // hands or custody and writing belonging unto him by reason hereof they are absolutely without remedy at law or otherwise [?] by a course of Equity // in this honourable court to the end therefore that the said William LANE, Edward JONES, William CLIFTON, Richard WALLIS, William SMITH, [?], Edward EXALL and every of them may // severally and respectively upon their and every of their corporal oaths so set forth and discover what lease or leases they or any of them have from the said // Earl of DIRLETON and of what lands in particular and what rent or rents is reserved thereupon and what and how much rents reserved and in arrears by them // or any of them upon the same and they and every of them respectively may by the order and decree of this Honourable Court be compelled do to pay the same unto your // Orator and Oratrix according to equity and good conscience may it please your Lordship the premises considered to grant writs of subpoena to be direct unto the // Said William LANE, Edward JONES, William CLIFTON, Richard WALLIS, William SMITH, [?] and Edward EXALL thereby commanding them and every of them by a certain day and under a // certain pain therein to be limited personally to be and appear before your Lordship in the High and Honourable Court of Chancery then and at [?] to // Answer all and every the premises and further to stand and abide such order and decree as to your Lordship shall seem meet and agreeable // With [?] and equity and good conscience. And your Orator as I duty bounds shall pray.
Geo JOHNSON
BURROUGH.
[End of document]
Answer of Edward EXALL
[Image 15.14.26]
The several answer of Edward EXALL one of the defendants to the Bill of Complaint of the Right Honorable Charles Lord CRANBOURNE and the Lady Diana his wife Complainants.
The said defendant saving to himself now and at all times hereafter all benefit and advantage of exception to the uncertainties and imperfections of // the said Bill of Complaint for answer unto so much as concerns him to make answer unto he saith as follows and first he saith that he taketh it to // be true that James MAXWELL Earl of DIRLETON in Scotland father of the Complainant Diana was in his life time seized in his demeasure as of fee of the manor // of Wanborough, the Priory House of Guildford and Guildford Park in the Bill mentioned. And saith that the said James MAXWELL in his life time // by his indenture bearing date the twentieth day of November the two and twentieth year of the reign of the late King Charles did demise // to this defendant several parcels of the said Park called Guildford Park that is to say the site of the Capital Messuage or mansion house of or // belonging to Guildford Park and the Pidgeon House standing next the same and all those lands and grounds containing by estimation four acres // and two [?] then severed and divided from the residue of the lands and grounds there lately disparked called Guildford Park adjoining to or // lying near the said messuage. And also all those four other closes or parcels of enclosed land lying near the said messuage containing fifty-four // acres and ten perches more or less and the messuage barnes and buildings upon the same and all those lands. And enclosed grounds called or known // by the name the Course containing by estimation one [hundred?] and [?] acres more or less. And all that parcel of [ground?] lying at the east end of the course // containing by estimation two acres called the Penn. And all those lands and grounds called the Paddocks containing by estimation thirty acres to have to hold for // eleven years from lady day before at and under the yearly rent of three score and sixteen pounds to be paid at the feast of St Michael the // Archangel and the annunciation of St Mary the blessed virgin to equal portions As by the said indenture of lease in this defendants custody whereto // this defendant for more certainty refers himself doth and may appear. And that by force thereof this defendant did enter upon the premises // to him demised as aforesaid and doth use and enjoy the same but denies that the said James MAXWELL by indenture seal [?] or otherwise did demise to this defendant any other of the premises. And for further answer this defendant saith that the said Earl // About the time in the Bill mentioned died. And that the Complainant Diana pretending to have administration of his goods and chattels this defendant // Paid ti oth [?] the rent that grew due for the premises at lady day one thousand six hundred and fifty [1650] in the life time of the said earl and hath // since likewise paid to the Complainants the half years rent that grew due for the premises at Michaelmas one thousand six hundred and // fifty [1650] they pretending to have good right and title to the same for further answer this defendant saith that the Countess of DIRLETON the // the relict of the said earl being since the death of the said Earl come into England she doth entitle her self to the rent of the premises under // some conveyance made the said Earl in his life time. And hath not only forbidden this defendant to pay the complainant any money rent // but requires him to pay the same to her and thereupon this defendant hath refrained to pay the complainants the rents that grows due at // Lady Day last and at Michaelmas now last past which years rent only is in this defendants hands unpaid for further answer this defendant saith // that whereas the complainants by their Bill pretend that the Complainant the Lady Diana is sole daughter and heir of the said Earl this defendant // Is informed that she was only a co-heir with the Duchess of HAMILTON her sister another daughter of he said earl while she lived and since // her death with her heirs fir further answer this defendant saith that whether the complainants have the counterpart of the lease made // as aforesaid to this defendant he this defendant knows not but saith that he doth not refuse to pay the complainants his rent for that they // want the counterpart but for that as he is now informed he believes the complainant hath no good title thereunto but the said Countess // and this defendant doth expressly deny that he hath refused to declare what or how much rent he is to pay for the premises [?] but saith he hath // made know his rent to them and hath paid them a years rent as aforesaid and saith that at the complainant’s charge he shall be willing // to give them a copy of his lease f they shall desire it whereby they may be enabled to sue at law for the [rent?] is due to them and this defendant // denies all combination in and by the said Bill against him suggested without that that any other matter or thing material or effectual in the // Law for this defendant to make answer unto and not herein or hereby before sufficiently answered unto traversed confessed avoided or denied // is true to the knowledge of this defendant all which matters and things this defendant is and shall be ready to answer and prove as this honourable // Court shall award and humbly prays to be hence dismissed with his reasonable costs and charges on this behalf wrongfully sustained //
Roger HEARN
Writ to William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL
[…] Liberty of England by authority of Parliament To John WESTBROOK[1], John LANDER, John MOUNGER, Poynings MOUNGER[2], Richard BLAGRAVE and […] greeting whereas Charles Lord CRANBOURNE and the Lady Diana his wife [?] have exhibited their Bill of // Complaint before [?] in the Court of Chancery against William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL // […] the said defendant that they should appear before me in the Court of Chancery at a certain day now past to answer the said bill know //[…] relying on your care and fidelity do hereby give unto each of you full power and authority diligently to examine the said // [?] upon the matter of the said Bill the tenor where we send you here enclosed. And therefore we command you or or two or more of you that at // Examine them upon their corporal oath taken before you or any two or more of you upon the Holy Evangelist touching the matters of the said // Bill and that you receive the said answer to be made there unto and [?] the same into writing in parchment and when you so taken it that // you send the same distinctly and plainly to be in the said Court of Chancery in three weeks after Michaelmas next touching – wheresoever it shall the // be closed up under the seals of you or any two or more of you or any two or more of you together with the tenor aforesaid. And this writ writings ourselves at // Westminster the [?] day of June in the year of our Lord God 1651. //
Writ/Bill William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL
[Humbly complaining?] show unto your Lordship your daily Orator and Oratrix Charles Lord CRANBOURNE and the Lady Diana his wife That whereas James MAXWELL Earl of DIRLETON in Scotland deceased father of your Oratrix the Lady Diana was in his life time seized in fee of the manor of Wanborough, Priory House of Guildford, Guildford Park with the appurtenances lying and being in the County of Surrey. And he the said Earl being thereof so seized about five years since as well by several indentures of demise in writing as also by several leases poll and for an year to year demise grant and to farm let for several terms of years and for one year to year unto William LANE, Edward JONES, William Clifton, Edward EXALL, William SMITH respectively several parcels and quantities of the said Park called Guildford Park and other lands and premises belonging to the Manor of Wanborough reserving by the said several and respective leases several yearly rents payable half yearly or at some other time or times unto the said Earl of DIRLETON his heirs executors and assigns at some certain place by the said leases expressed and agreed by virtue of which said several and respective leases the said several persons did respectively enter into the several [?] of land thereby demised unto too them and became thereof possessed and have severally enjoyed the same ever since making the leases aforesaid and your Orators further show that the said James MAXWELL Earl of DIRLETON being in Scotland about a year since died after whose death the Manor Priory House Lands and premises did descend and come unto your Oratrix the Lady Diana as daughter and heir of him the said Earl of DIRLETON by reason whereof all and singular // the said rents due and payable by the aforesaid several persons upon the said leases are due and ought to be paid unto your Orator and Oratrix the Lord CRANBOURNE in right // of his said wife as heir unto her said father the Earl of DIRLETON but now so it may it please your Lordship that the said William LANE, Edward JONES, William // CLIFTON, Edward EXOLL and Richard WALLIS having in their hand and unpaid rents due upon the said leases since the death of the said Earl of DIRLETON do absolutely refuse to pay the same unto your said orator the Lord CRANBOURNE in right of his said wife but by combination amongst [?] do endeavour to defraud him thereof they the said persons well knowing that your Orator and Oratrix cannot produce the counterparts of such of the said lease as and in writing now prove the said other parcel leases or agreements whereby to compel payment of the said several rents by the rules of the Common Law and they these said before named persons and receive of them do refuse to set forth and declare what and how much rent they and every of them respectively are by the said leases bound to pay or to pay the same accordingly. In tender consideration whereof and for that your Orator and Oratrix have not the counterparts of the said For the [?] of the said rents at the Common Law for that the said Earl of DIRLTON died in Scotland and they your Orator having as yet gotten into their hands or custody and writing belonging unto him by reason hereof they are absolutely without remedy at law or otherwise [?] only by a course of Equity in this honourable court to the end therefore that the said William LANE, Edward JONES, William CLIFTON, Richard WALLIS, Edward EXALL and every of them may severally and respectively upon their and every of their corporal oaths so set forth and discover what lease or leases they or any of them have from the said Earl of DIRLETON and of what lands in particular and what rent or rents is reserved thereupon and what and how much rents reserved and in arrears by them or any of them upon the same and they and every of them respectively may by the order and decree of this Honourable Court be compelled do to pay the same unto your Orator and Oratrix according to equity and good conscience may it please your Lordship the premises considered to grant writs of subpoena to be direct unto the Said William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXALL thereby commanding them [and every of them …?]
Plea of William SMITH and John RINGHAM
[Image 15.15.07]
[1651?] Robert AYLETT[3]
The plea of William SMITH and John RINGHAM two of the defendants to the Bill of Complaint of Charles Lord CRANBOURNE and the lady Dianna his wife Complainants
[The said defendants by] protestation not acknowledging or confessing any the matters or things in the Bill of // Complaint […] [contained to be true?] for plea thereto say that the scope of the plaintiff’s Bill being to [?] these // defendants a discovery of their several leases terms and interests which they have in the lands in // [the?] Bill mentioned from James Earl of DIRLETON in the Bill named upon supposition that the same lands // descended to the said Complainant the Lady Diana after the death of the said Earl as his daughter and heir and that the // rents thereof belong to the Complainants that by [pretended?] title these defendants are advised that they ought // Not to make any answer thereunto because these defendants say that the said James Earl of DIRLETON // being seized in his demeasure as of fee of the liberty and [?] in the Bill mentioned by an indenture // of bargain and sale duly enrolled in this Honourable Court bearing date four and twentieth day of // May one thousand six hundred and forty and nine [1649] for a valuable consideration of money therein mentioned // To be to the said Earl in hand pay by Heneage FINCH, John PRESTWOOD, in grant of Henry PRATT // citizen and Haberdasher of London did bargain and sell the Priory House of Guildford, Guildford Park // and all other the Premises in Guildford parcel of the premises in the Bill mentioned to the said Heneage // FINCH, John PRESTWOOD and Henry PRATT and [or their heirs?] therein to the use of the said Heneage FINCH, John // PRESTWOOD and Henry PRATT or their heirs therein they are as these defendants are advised // entitled to the premises and these defendants are liable to pay their rents to them as they are [?] // Advised. And the said James Earl of DIRLETON [?] the indenture of bargain or [sale?] // Duly enrolled in this Honourable Court bearing date the seventh day of May one thousand six hundred and // Forty-nine [1649] in consideration of a sum of money therein mentioned to be paid unto [?] did // The said William WESTON and his heirs, the Manor of Wanborough and all and singular the premises in the Bill mentioned // Whereby the said William WESTON is lawfully entitled to the same and […] // are advised destroyed and taken [away?] for which cause these defendants deny in law // and humbly demanding the judgement of this Honourable Court which they shall be compelled to make // a further answer to the said Bill of Complaint and humbly pray to be from hence // dismissed with their reasonable costs and chares by the them in this behalf most wrongfully // sustained//
[End of document]
Plea of William LANE, Edward JONES, William CLIFTON, Richard WALLIS
[Image 15.17.01]
The said defendants by protestation not acknowledging or confessing any the matters or things in the Bill of Complaint contained and hereby pleaded // unto to be taken true for plea unto so much thereof as doth concern the Priory House of Guildford, Guildford Park // and lands in Guildford therein mentioned// say that the scope of the said Complainants’ Bill being to [?] these defendants to a discovery of their several leases terms and interests respectively have in the // lands in Guildford in the Bill mentioned from James Earl of DIRLETON therein named and upon supposition that the same lands descended to the said Complainant the Lady Diana after the death of the said Earl as his daughter and heir and that the rents thereof belong to the Complainants that by [pretended?] // title these defendants are advised that they ought not to make any answer thereunto because they these defendants say that the said James Earl of // DIRLETON being seized in his demeasure as of fee of the Priory House of Guildford, Guildford Park // and other lands in Guildford in the Bill // mentioned demised to these defendants respectively by his indenture of bargain and sale duly enrolled in this Honourable Court bearing date the four // and twentieth day of // May one thousand six hundred and forty and nine [1649] for a valuable consideration of money therein // mentioned and acknowledged to be to him the said Earl in hand paid by Heneage FINCH, John PRESTWOOD in grant and Henry PRATT citizen and // Haberdasher of London did bargain and sell the other the Premises in Guildford parcel of the premises in the Bill mentioned to the said Heneage // FINCH, John PRESTWOOD and Henry PRATT citizen // and Haberdasher of London did bargain and sell the Priory House, Guildford Park and all other the Premises in Guildford aforesaid demised to // these defendants unto the said Heneage FINCH, John PRESTWOOD and Henry PRATT and their heirs therein to the use of the said Heneage FINCH, John // PRESTWOOD and Henry PRATT and their heirs forever by virtue thereof they said Heneage FINCH, John PRESTWOOD and Henry PRATT are entitled to the premises to them conveyed (as these defendants are advised) and these defendants are liable (as they are advised) to pay // their rents to them and their assigns which is the Countess of DIRLETON to whom the same are conveyed and to whom they do pay their // rents accordingly and thereby the pretended descent to the Complainant the Lady Diana and the complainant pretended title thereby is as these defendants are advised destroyed and taken away for which cause these defendants deny in law and demanding judgment of this Honourable Court whether they shall be compelled // to make any further answer or other answer to the part of the Complainant’s Bill which doth concern the Priory House, Guildford Park and all other the Premises in Guildford aforesaid // and humbly pray to be from hence dismissed with their reasonable costs and chares by the them in this behalf most wrongfully sustained. And as to the part of the complainants Bill which // doth concern Manor of Wanborough in the Bill mentioned each of these defendants for himself saith denies and disclaims that the said Earl did ever by indenture or indentures lease or leases parcel or from year to year or otherwise demise grant or farm let the said Manor or any part or parcel thereof // or any lands belonging to the said manor or any other lands except before particularly pleaded as aforesaid unto these defendants or any or either of them and these defendants respectively disclaim to or any interest [land?] // or other estate in the last mentioned Manor and premises or any part thereof without that the any other matter or thing in the said Bill of Complaint contained make all // or effectual in the Law to be answered unto and not in and hereby well and sufficiently answered unto confessed avoided traversed or denied and all which matters and things these defendants are ready to [?] and prove a this Honourable Court shall [?] and humbly pray to be from [?] // dismissed with their reasonable costs and chares by the them in this behalf // most wrongfully sustained//
Taken the [?] day of August 1651 at Guildford in the County of Surrey R WATTS John MONGER[4]
[end of Document]
[1] John WESTBROOKE listed at Ash and Guildford St Nicholas on 1664 Hearth Tax
[2] Poynings MOUNGER listed in Godalming town 1664 Hearth Tax.
[3] Master of Court Chancery
[4] 1664 Surrey Hearth Tax lists a John MUNGER of Ash.