National Archives File C6/215/25
Bill of Complaint ¶
25th June 1675
Humbly complaining showeth to your Lordships your Orator Jane CLIFTON of Shere in the county of Surrey and Relict of John CLIFTON of late of Worplesdon in the said County of Surrey ? // that whereas the said John CLIFTON was in his lifetime and at the time of his death seized in fee of an one messuage house outhouses orchard and garden there unto belonging with the appurtenances in // Worplesdon aforesaid. And being also seized in fee of one parcel of land called Cobbetts Moore and of one other parcel of land called Great Moore in Worpledson aforesaid also in // several other messuages land and tenements in Worplesdon and Ashe in the county aforesaid And being likewise possessed of some personal estate to ? make the last Will and testament //
in writing bearing date on or about the four and twentieth day of November one thousand six hundred and fifty nine wherein and whereby he did give and bequeath to your Orator // the said messuage with the appurtenances. And also all his lands lying within the parish of Worplesdon and Ashe aforesaid for her life. And also all the underwood standing and // growing upon the premises.
And thereby did impower his Overseer named in the said Will to sell all the timber trees standing in the said parcels of land called Cobbetts // Moore and Great Moore and the profits thereof to be employed to your Orator for her use and therein and the thereby gave several great legacies to the several person therein named for // exceeding the value of his personal estate and made your orator executor of his said Will and Thomas HAYES and William CLIFTON his overseers and published the same to be his last Will and Testament in and by the // same ready to be ? appeareth.
And your Orator showeth that she duly proved the said Will and look upon her the ? ? thereof and paid the said testator debts funeral and // legacies as far as the personal estate would amount unto.
And further your Orator showeth that the said estate by his Will did give to Anne his daughter two hundred pounds to be paid //to her six months after his decease which legacies paid accordingly and the said Anne ? thereof at interest and look to me ? for the same by bond or otherwise in the name of Henry CLIFTON // her ? in trust for her or in her own name but employed the said Henry in putting out and disposing thereof and in some time afterwards did not state and your orator hath taken forth Letters of Administration // of her estate also it become initialled to the said debt of two hundred pounds ……
Answer¶
The several answers of Henry CLIFTON gentleman one of the Defendants to the Complaint of Jane CLIFTON Complainant
The said defendant saving to himself now and at all times hereafter the benefit of advantage and exception to the uncertainties and insufficiencies in the said Bill of Complaint appearing for//
answer unto so much thereof as he is advised is material for him to make answer unto he saith he believes it to be true that John CLIFTON this defendant’s father deceased was in his//
life time siezed in the demense as of fee of and in a messauge with appurtenancess in Worplesdon and also of the lands called Cobbets Moor and Greate Moore and of other Lands in //
in Worplesdon and Ash in the said Bill of Complaint mentioned and this defendent believeith that the said John CLIFTON did about the time in the Bill of Complaint for that purpose mentioned // make his Will in writing much to the effect in the said Bill of Compliaint //
mentioned and thereof made the said complainant Executrix and Thomas HAYES and William CLIFTON in the said Bill named for a Defendant Overseers nevertheless for more certainty therein this //
defendant reserverseth himself to the said Will this defendant beleiveth that the said John CLIFTON died poccessed of some considerable personal estate but whether of sufficient value to pay //
all the legacies given by the said Will this defendant knoweth not and beliveth that the Complianant proved the said Will and look upon her the execution thereof but how far she hath paid the debts //
funeral and legacies of the said John CLIFTON or whether as far as his small estate would amount unto this defendant Answered not. And this defendant knows not. And this defendant saith that the said John CLIFTON by his //
said Will devised to Anne CLIFTON one of his daughters in the bill named the sum of two hundred pounds to be paid in six months after his decease and to Beatrix mother of his daughters two hundred //
pounds to be paid at the end of one whle year and to Mary another of his daughters one hundred pounds to be paid at her age of one and twenty years and the further sum of one //
hundred pounds to be paid at the direction of the said Complainant the executrix and this defendant saith that the said Mary SHORTLY after died before any part of her said legacy //
was paid unto her by the Complainant and this defendant denyeth that the said Complainant paid the said Anne the said legacy of two hundred pounds or any part thereof to his knowledge //
or that the said Anne disposed or put forth the same or any ? thereof at interest in this defendant’s name in trust for her or employed this defendant to put the same ? other or in other manner? //
then as hereafter is mentioned (that is to say) whereas one Richard COBHAM Esq had borrowed of the said John CLIFTON in his lifetime the sum of one hundred pounds and had secured the //
repayment thereof with interest to the said John CLIFTON by a copyhold estate after the death of the said John CLIFTON the said ? was with the Complainant’s pribily and consent surrendered //
and a new .. taken by the said Copyhold estate for the payment of the said one hundred pounds with interest to the said Anne CLIFTON after whose decease Letter of Administration //
were in due .. of Law granted unto this Defendant by the by the right Reverend George Lord Bishop of Winchester under his Episcopal Seale in whole diocese the said Ann died and the said //
Copyhold lands .. .. by virtue of which said Letters of Administration and by and with the complainants consent this defendant afterwards received the said Richard COLDHAM the said //
principal sum of one hundred pounds as was lawfully forhim to do. And this defendant denyeth that any other sum of money goods or chattels of or belonging to the said Anne hath come to his //
hands .. to the hands of any other by or with with his pribity consent or appointment by the virtue of the said Letters of Administration or otherwise/ And as to the Timber tres in the bill //
mentioned this defandant saith that after the death of the said John CLIFTON this defendant’s father (vizt) in or abput the month of April one thousand six hundred and sixty three the said Complainant and this //
defendant came to an agreement as well touching this Defendant having a lease of the said messuages and lands in Worplesdon and Ash devised to the Complainant by the said Will (except as in //
the said lease is excepted) as for this defendant buying of the of the ? cattle and goods then upon the said grounds. An Inventory whereof was then made and amounted to the sum of two hundred twenty six //
pounds and thirteen shillings. And this defendant further saith that at the time aforesaid the said Thomas HAYES one of the Overseers of the said Will and one John BAKER the older did by the Complainant order //
and direction sell to this defendant all the said Timber trees then growing upon Cobbetts Moore and Greate Moore for the sum of sixty pounds which which said sum being added by the said Thomas HAYES //
to the said inventory made in the whole the sum of two hundred eighty six pounds for the payment of which said sum to the complianant this defndant did at the time aforesaid (vizt on or about the //
of tenth day of April One thousand Six Hundred Sixty and three gibs? his bond? of the penalty of four hundred pounds and although this defendant hopes to make it apparent to this Honourable court // that he hasth fully paid the said two hundred eighty and six pounds due upon the said bond for the goods and timber as aforesaid to the Complaintant yet she most ? hath caused the same to be put in suit ? //
against this Defendant at the Common Law. And this defendant saith that he this defendant having bought and paid for the said Timber trees as aforesaid doth therefore refuse to give the Complianant any amount how to whoud? //
or for what he disposed the same or any part thereof as he hopes under favour of this honourable court is lawful for him to do. And this defendant further saith that the Complianant hath sometimes defined //
this defendant to receive the rent at Yately which this Defendant hath accordingly done but this defendant saith that whatsoever rents he he so received he constantly paid and satisfied to the Complainant //
at this Defendant’s ? home and hath received received no rents since this defendent last accounted with her for the same. And this Defendant saith that the Complianant is indebted to him about ten pounds //
for repaying of the messuages at Yartely towards which this defendant hath not yet received any other satisfaction then four loads of wood of the value of about twenty shillings. And this Defendant //
denyeth that the complainant ever consulted with or imployed this Defendant about the preparing? or getting drawn any deed or instrument whatsoever for the ? tp Breatrix in the Bill named, any //
portion given her by her said father or intended her by the Complainant out of or by the premises in Yately or otherwise neither did this Defendant share or bring to the Complianant any such deed or //
instrument in writing or any other deeds or instrument whatsoever ready drawn and ? for the Complianant to seal. Neither did the Compliant ever sign andseal any deed or //
instrument in writing so tendered her by this defendant. And this Defendant further saith that he doth not know that the Complianant hath by any deed or writing whatsoever conveyed the //
said premises in Yately in possession or reverted to this Defendant or granted any Annunity or made any lease thereof to this defendant or any interest sor him but if any such hath been made or //
granted the same ? so made or granted without the pribily and knowledge of this Defendant. Nor this defendant hopeth of any such deed were executed by the Complianant he may have the benefit //
thereof in regard the same if any such ? be was made without the pribily or any fraud or contrivance in this Defendant. And this defendant knoweth not what estate the Complianant hath in //
the premises in Yately or any part thereof nor what power she hath or had to make any conveyance or settlement thereof or of any part thereof this Defendant having never yet seen //
the deeds or writings concerning the same. But this Defendant hath heard that this Defendant’s father purchased part of the said chefsnages premises in Yately or some lands there //
in the possession of the Complainant or her under tenants and if the same were not otherwise settled by this Defendant’s father in his life time which this defendant knows not the same as this Defendent //
is advised so by the course of the Common Law of this Kingdom ? to this defendant as his son and heir and this Defendant hath good right and title there unto and may ? the Complianant //
out of the possession thereof as he is also advised. And this defendant denyeth that the Complianant did or that that this Defendant doth plead she did give this Defendant any release and doth also deny all //
Confederacy and ? where with he is charged without ? that any other matter or thing in the said Bill of compliant ? material or effectual in the Law to be by this //
defendant answered unto and herin before not sufficiently answered unto confessed or avoided ? denyed is true to the knowledge of his Defendant. All which matters and //
things this defendant is and shall be ready to ? and ? as the Honourable Court shall award and humbly prays to be ? dismissed with his reasonable costs and charges in ? //
behalf most ? ? ///