National Archives C9/5/44
The several answer of John PRESTWOOD of London Merchant to the Bill of Complaint of Honourable Charles Lord CRANBOURNE and the Lady Diana his wife Complainant
The said defendant saving to himself now and at all times hereafter all advantages of exception to the many uncertainties and insufficiencies of the said complainant’s Bill of Complaint for answer thereunto and of // so much as he considers is material for him this defendant to make answer unto saith that true it is that the said James MAXWELL Earl of DIRLETON in the Bill mentioned did in his life time by deed indented // bearing date the four and twentieth day of May in the year of our Lord God according to the computation of the Church of England One thousand five hundred forty and nine [1649] enrolled in this honourable // Court bargain and sell [?] and confirm unto the said Heneage FINCH and Henry PRATT in the Bill mentioned and him this defendant their heirs and assigns. All that Capital Messuage called the Friaries and the houses barns // and buildings courts yards gardens orchards walks ways esasements profits commodities and their appurtenances thereto belonging situate lying and being at or near Guildford in the County of Surrey heretofore in the // tenure or occupation of the right honourable James Earl of ANNANDALE or of his assigns and then in the tenure or occupation of the said James Earl of DIRLETON or of his assign or assigns. And also all those closes // and parcels of lands meadow and pasture with appurtenances called or known by the names or names of the Lees lying and being in the parish of Stoke near Guildford aforesaid now in the several tenure // or occupation of several under tenants and also all that park called or known by the name of Guildford Park and all those messuages farms lands and inloped grounds lately disparked and before that // Parcel of the said Park called Guildford Park or so late heretofore reputed to be called or known the said Park and lands containing by estimation one thousand five hundred acres and all // situate lying and in or near the parishes of St Nicholas in Guildford Compton and Worplesdon or some or one of them in the said County of Surrey and all messuages houses barns lodges buildings // lands meadows pastures feedings commons way of Easement and appurtenances to the said Capital Messuages Park farms and land before mentioned and to every and or either // of them belonging incident or appertaining or more [?] or now or heretofore accepted reputed taken known leased used occupied or enjoyed as part parcel member or belonging of or to the same. And // the revision and revisions remainder and remainders rents and yearly and other profits whatsoever of all and singular the premises and of every part and parcel thereof/ and also all those [?] right title // Interest use portion inheritance claim and demand whatsoever of him the said James Earl of DIRLETON or into and out of the said Capital Messuage park farms lands and premises and of // In to and out of [?] and parcel thereof and all deeds evidences [?] and writings touching or concerning the premises onely or onely any part or parcel thereof To have to hold the said Capital// Messuage Park farm lands tenements hereditaments and all and singular other the premises before mentioned or intended to be hereby granted bargained sold [?] and confirmed and every part and parcel // thereof with their and every of their appurtenances unto the said Heneage FINCH this defendant and Henry PRATT their heirs and assigns as by the said Indenture of bargain and sale [relation?] being there unto had // more at large it doth and may appear together with which said recited indenture of bargain and sale one other Indenture of the same date and between the same parties reciting the said indenture of // Bargain and sale or the most part thereof was likewise sealed and delivered at the same time by the said James MAXWELL Earl of DIRLETON wherein there was and is contained a certain provision or condition // in these words following provided always and upon this condition nevertheless that if the said James Earl of DIRLETON his heirs executors administrators or assigns or any of them do well and truly pay // or cause to be paid unto the said Heneage FINCH John PRESTWOOD and Henry PRATT their executors administrators or assigns at or in the now dwelling house of Robert ABBOTT Scribner situate // In Cornhill London the full sum of twenty and five hundred pounds of lawful money of England on the Thirtieth day of November next ensuing the date of these presents that then and from // thenceforth the said recited indenture of bargain and sake and enrolled thereof and the grant bargain and sale thereby made of the said Capital Messuage, Park, Farms, lands, tenements, hereditaments // and premises and any covenant grant matter and thing in the said recited indenture and in these presents or either of them contained on the part and behalf of the said James Earl of DIRLETON his // heirs executors and administrators covenanted and to be performed shall cease determine and be utterly void and of none effect to all intents and purposes in the said cited indenture of bargain and sale // And these presents or anything in them or either of them contained to the contrary thereof in any wise notwithstanding as by the said other indenture ready to be Known forth to this Honorable //Court more at large it doth and may appear. And this defendant verily believes that neither the said Heneage FINCH or Henry PRATT were present at the sealing of the said deed of bargain and // sale or of the said other indenture or sealed any counterpart of them or either of them but he this defendant did seal and deliver the counterpart thereof. Nevertheless this defendant further // Saith that the said five and twenty hundred pounds mentioned in the said deed of bargain and sale as the consideration thereof was not Lent by him this defendant unto the said James MAXWELL // Earl of DIRLETON nor as this defendant verily believes did the said Heneage FINCH and Henry PRATT or either of them lend the said sum of five and twenty hundred pounds unto the said // Earl of Dirleton or any of part thereof but the five and twenty hundred pounds which he this defendant paid unto Robert ABBOTT in the bill mentioned was the [personal?] monies of the said James // MAXWELL Earl of DIRLETON and was by him formerly delivered unto him this defendant to the intent and purpose that unless the said Earl of Dirleton should afterwards receive and borrow // of him this defendant the said sum of five and twenty hundred pounds upon a true and real loan that then the estate and inheritance of and in the said lands so bargained and sold as aforesaid // should remain continue and be in the said Heneage FINCH, Henry PRATT and him this defendant and their heirs in trust for the said James MAXWELL Earl of DIRLETON his heirs and assigns // And since the said Heneage FINCH, Henry PRATT have (as this defendant is informed) disclaimed to have or accept any estate use or trust in the premises the sole inheritance thereof // as this defendant conceives and by his counsel is informed [?] and remains in him this defendant to and under the trust aforesaid. And this defendant further saith that the said James // MAXWELL Earl of DIRLETON did not at any time since the sealing of the said conveyance receive or borrow of him this defendant the said sum of five and twenty hundred pounds or // any part thereof. And this defendant also saith that since the decease of the said James MAXWELL Earl of DIRLETON he this defendant hath seen a writing bearing date the four and // twentieth day of April one thousand six hundred and fifty [1650] and containing these words following [?] presents shall come greeting whereas I James Earl of // DIRLETON have long since settled and stated my most loving and dear wife Elizabeth in all those my lands …. lying within the Kingdom of Scotland // Not know yee that I James Earl of DIRLETON aforesaid [?] and considering that much of the rent [?] lands may happen to be diminished by reason of the extraordinary // Impositions and taxes (the necessary issue of those troubles and distress with daily threaten and [?] this kingdom) with [God?] of his infinite mercy direct) and well remembering her continued // Constant love and affection to me have not for her better support and comfort in her [?] and for many other good causes [?] there unto [?] given and granted as an addition of // livelihood to my said dear wife over and above the rents and profits arising out of the lands of [?] and this [?] of Dirleton. All those my lands tenements and hereditaments commonly called // and known by the names of the manor of Wanborough, Priory House of Guildford, and Guildford Park with [?] lying and being in the county of Surrey within the Kingdom of // England to have hold and enjoy the said Manor Priory Park and appurtenances during the whole term of him of her natural life her and his assigns without any manner of trouble let molestation //or interruption whatsoever in witness whereof I have here unto set my hand and seal this four and twentieth day of April in the year of our Lord God One thousand six hundred and fifty [1650] // And this defendant verily believes that the said declaration was under the hand and seal of the said James MAXWELL Earl of DIRLETON and this defendant is the rather indured so to believe because the // said declaration as to the estate therein limited to the said Elizabeth Countess of DIRLETON during her life is most agreeable with and directly according to those expressions which the said Earl of // DIRLETON in his life as this defendant hath heard by the relation of Mr Elios HARVEY and Mr Thomas WOODFORD did by word of mouth deliver them not long before the departure of him the // Said Earl into Scotland And thereupon he this defendant being informed by his counsel learned in the laws of this land that if the said deed writing or declaration be true that the said James // MAXWEL Earl of DIRLETON hath thereby sufficiently declared his intention and appointment that she the said Elizabeth Countess of DIRLETON should have an estate for life in premises and that she will be // able by the means of this Honourable Court to compel him this defendant to convey and execute such an estate therein unto her for the better effecting whereof she the said Elizabeth Countess of DIRLETON hath // already served him this defendant with a writ of subpoena out of this Honourable Court he this defendant therefore intend speedily to convey unto the said Elizabeth Countess of DIRLETON an estate for her // life in the said lands tenements and premises in [?] of the trust in him repose and for the [?] suit and trouble which might happen to him this defendant and this he hopes is lawful for him to do. // And this defendant also saith that he hath not made any estate of the premises to any person or persons whatsoever. And this defendant further saith that he did now enter into any combination with the // Lord Duke HAMBLETON or the said Elizabeth Countess of DIRLETON or any other person or persons whatsoever to defraud or defeat the said Complainant of their [?] right title or interest of in or to // the lands in the Bill mentioned as by the said Bill of Complaint is most [?] and untruly alleged but he this defendant doth utterly deny all such contrivances and particular and all other unlawful combination // and confederates whatsoever without that any other matter or thing in the said Bill alleged material for him this defendant to make answer unto and not herein and hereby sufficiently answered unto // confessed and avoided traversed or denied is true. All which matters and things the said defendant is ready to [?] and make good as this Honourable Court shall award and humbly pray to be hence dismissed with // his reasonable costs and charges in this behalf wrongfully sustained. //
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