C10/201/16

National Archives file C10/201/16

[Full Transcript]

Humbly complaining showeth unto your Lordships your Orator Elizabeth COLWALL of the parish of St Giles in the Folds in the County of Middlesex Widow […] [Thomas?] // DALMAHOY of the Friary near Guildford in the County of Surrey Esquire pretending to be seized in fee or some other estate of inheritance of and in the […] // or capital messuage called or known by the name of the Friary near Guildford and the barns stables outhouses buildings gardens and orchards thereunto belonging // or had used and enjoyed therewith. And in all that park or parcel now or heretofore called or known by the name of Guildford Park. And all these several closes or parcels of // land, meadow and pasture called the Lees containing by estimation one thousand seven hundred acres situate lying and being in the several parishes of // St Nicholas Guildford, Stoke Next Guildford and Worplesdon some or one of them in the said county of Surrey. And of and in all that the manor of Wanborough // with the rights members and appurtenances thereof. And all that capital messuage or tenement farm lands meadows pastures and hereditaments there unto belonging// now or late in the tenure or occupation of George BEALE or of his assigns or assigns tenant or tenants and of every other lands tenements pastures coppices // wood grounds and hereditaments containing by estimation one thousand seven hundred acres now in the tenure of the said Thomas DALMAHOY or of his assign  // or assigns tenant or tenants The said lands tenements and hereditaments are more particularly mentioned in a schedule hereunto annexed.  All which lands tenements // and hereditaments were formerly the EARL OF DIRLTON‘s and after the DUCHESS OF HAMILTON‘s late wife of the said Thomas DALMAHOY.  And the said Thomas DALMAHOY //pretending to be so seized as aforesaid and that the said manor lands tenements and hereditaments were free from all encumbrances had made suffered // or committed by the said Earl of DIRLTON the said DUCHESS OF HAMILTON or the said Thomas DALMAHOY except several mortgages made of several parts of the // same which were made for servicing several sums of money in the whole amounting to twelve thousand and one hundred pounds and interest and no more // Your Orator was prevailed with and did offer to give above twenty thousand pounds for the same provided it was free from encumbrances but the // mortgages before mentioned  … And accordingly some money has been paid the said Thomas DALMAHOY by your Orator and your Orator intends to pay the // remainder. But now so it is may it please your Lordships that your Orator is sometimes credibly informed that the estate and interest in Law of and // in the premises or at least in some or most part thereof is not in the said Thomas DALMAHOY but in some person in trust for him by some decree // conveyance made by the said EARL OF DIRLTON or by the said DUCHESS OF HAMILTON or by the said Thomas DALMAHOY himself. And sometimes your // Orator is credibly informed that if the said Thomas DALMAHOY hath any interest in the Lands it is only an estate for life with several remainders over // to some persons unknown to your Orator and their heirs And your Orator at other times is credibly informed that the premises on some part // thereof are encumbered with a jointure to the present wife of the said Thomas DALMAHOY with judgements statues and recognisances and other // encumbrances besides these which amount to twelve thousand and one hundred pounds and [?] as aforesaid so that the said Thomas DALMAHOY cannot make any // good and legal estate to your Orator for the said purchase money. And your Orator is credibly informed that the qualities of the lands tenements // and hereditaments in the Bill mentioned are not the same as in the particular hereunto annex they are alleged to be. And yet the said Thomas // DALMAHOY to encourage your Orator to purchase the said premises doth affirm that the premises are free from being encumbered as a foresaid. All // which proceedings of the said Thomas DALMAHOY are contrary unto Equity and good conscience intender consideration thereof and for as much // as your Orator cannot discover the truth of all and singular the premises but in a Court of Equity by the oath of the said Thomas DALMAHOY // your Orator doth not doubt but he will confess the truth of the premises to the end therefore that the said Thomas DALMAHOY may upon his // corporal oath set forth the truth of the premises. And particular whether the Manors Messuages farms lands tenements and hereditaments and as // in the schedule hereunto annexed be a true particular of all the Manors Messuages farms lands tenements and hereditaments // that he is seized in fee of or hath any witness in the said county of Surrey which the late EARL OF DIRLTON deceased was at the time of his // death seized in fee in otherwise had an interest in and after him the COUNTESS OF DIRLTON had an interest in and DUCHESS OF HAMILTON had an // interest in. And whether the quantities and qualities of the lands therein mentioned be the same that are therein mentioned. And whether the // number of acres to the same. and what mortgages judgements statues or recognisances of the premises or any part thereof have been made or // acknowledged by the said James late EARL OF DIRLTON Elizabeth COUNTESS OF DIRLTON Elizabeth DUCHESS OF HAMILTON the said Thomas DALMAHOY or any or either of them and to whom or for what sum or sums and what is paid of the same and what remains unpaid. And // what other acts and encumbrances have been made or done  by the said James EARL OF DIRLTON Elizabeth COUNTESS OF DIRLTON Elizabeth DUCHESS OF HAMILTON Thomas DALMAHOY or any or either of them where by the said Manors lands tenements and hereditaments or any part thereof are or // may be unencumbered title charge estate  or otherwise. And whether he doth not know or believe that the said Manors lands tenements // and hereditaments are encumbered. And that the said Thomas DALMAHOY may set forth the truth of all and singular other the premises // may it please your Lordships to grant unto your Orator his Majesty most Gracious writ of Subpoena to be directed to the said Thomas DALMAHOY […] // him at a certain day and under a certain pain therein to be limited to be and personally to appear before your Lordships in […] // to .. all and singular the premises. And further to stand to and abide such orders and .. therein […] // Orator shall over pray at.

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The schedule in the Bill hereunto annexed mentioned

.. House called the Friary House but houses gardens orchards conduit house and conduit house with water brought in leaden pipes into several offices now in the possession of the said Thomas DALMAHOY containing by estimation ten acres or thereabouts being of the yearly value of one hundred pounds and a little mead next the house containing by estimation about three acres being of the value of six pounds per annum.

The meadow called Long Mead containing by estimation about seven acres set unto William STEVENS at fourteen pounds per annum.

Part of the meadow ground called the Lees now in the procession of the said Thomas DALMAHOY containing by estimation about thirty seven acres being of the value of fifty two pounds ten shillings per annum.

The meadow called Dapdonne Mead containing by estimation about two acres and a half set unto Edward FORD at will at five pounds per annum.

The two wharfs one called Daponne Wharf and the other adjoining with a good house and garden and a new store house containing by estimation about twelve acres set unto Thomas TYNDALE esquire at twenty eight pounds per annum.

The Groates due by act of Parliament to the said Thomas DALMAHOY for every load of goods navigating upon the river Wey amount in the whole to one hundred pounds per annum little more or less.

The close of pasture call Walnut Tree Close containing by estimation about one acre one rood and twenty four perches set unto Mr FORD at will at three pounds five shillings per annum.

The Wharf called the Gun Wharf containing by estimation about one acre one rood and eight perches set unto Thomas GIBBS by poll ending at Michaelmas next at one pound fifteen shillings per annum but two pounds fifteen shillings will be given for it.

The mead called Lords Mead containing by estimation about seven acres now in the possession of the said Thomas DALMAHOY being if the value of fourteen pounds per annum.

The Lodge with a good house four barns and gardens and a meadow called the Great Mead containing in the whole by estimation twenty four acres set unto Richard BROOKES at Will at forty pounds per annum.

The Deer Park formerly contained by estimation three hundred and three acres out of which Pitsons land being twenty acres was taken and ten or whereabouts added to the park at present in the possession of the said Thomas DALMAHOY is two hundred eight nine acres being of the value of two hundred and forty pounds  per annum.

The land called Pitsons Land containing by estimation twenty four acres being arable ground set unto Daniel GILHAM at Will at sixteen pounds sixteen shillings per annum.

The Land called the Plain Park containing by estimation one hundred and sixty acres being arable ground set unto Edward FORD at Will at one hundred and two pounds ten shillings per annum.

The farm called the Wilderness Farm a good house barns gardens and land containing by estimation two hundred and forty acres being arable meadow and pasture grounds set unto George MABAUCK at one hundred and fifty pounds per annum.

The farms called the Main Farm a good house barns gardens and land containing by estimation two hundred and sixty seven being arable meadow and pasture ground set unto Robert COX at one hundred twenty three pounds per annum.

A parcel of Land called Russells Land and part of Harwoods Lands containing by estimation ninety three acres being arable and pasture ground set unto Henry SMITH at Will at forty five pounds per annum which lands at twelve shillings per year comes to fifty pounds sixteen shillings per annum.

The other part of Harwoods Land containing by estimation twenty acres  being arable and pasture  ground set unto Daniel GILHAM at twelve pounds per annum.

The farm called Daniel Gilham’s containing by estimation fifty two acres being arable and pasture ground set unto Daniel GILHAM at thirty pounds twelve shillings per annum.

The Lands called Bromfolds Land containing by estimation twenty two acres being arable and pasture ground set unto Nathaniel PURSE at Will at thirteen pounds ten shillings per annum.

The farm called John Cobbett’s farm containing by estimation forty seven acres being arable and pasture ground set unto the said John COBBETT at twenty five pounds per annum.

Certain lands called Coles Lodge Land containing by estimation thirty acres set by lease dated the tenth October one thousand six hundred seventy six for Eleven years at eighteen pounds per annum.

Part of the farm called Walton Reads Farm containing by estimation one and thirty acres being seven closes or parcels of ground set unto Richard WEBB at eighteen pounds per annum.

The farm called Banisters Farm containing by estimation seventy six acres being a barns and nine closes of ground and three other closes containing nineteen acres all set unto Richard DEANE by lease dated the tenth October one thousand six hundred seventy seven for five years at fifty two pounds per annum.

For a house and garden at the end of the Parks Lane set unto Francis WHITE at Will at two pounds per annum.

The other part of Walter Reads Farms containing by estimation twenty two acres being three closes of land set unto Anthony BEYLOTT at thirteen pounds four shillings per annum.

Henley Grove now included in coxes Bargain but never before and has only the herbage now.

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A coppice called Coles Lodge Coppice containing by estimation three acres being of the value five pounds per annum and two fish pounds containing by estimation six acres being of the value of four pounds per annum.

The conduit acre let to John KING at ten shillings per annum.

To be deducted for tithes seventy nine pounds and payable to the Rectors of St Nicholas in Guildford Worplesdon and to be deducted for quit Rents to the King twelve pounds ten shillings per annum.

And whereas since his Majesty’s Restoration a demand being made by the Rector of St Nicolas in Guildford for tithes or something in lieu thereof Mr DALMAHOY was prevailed upon to pay or allow him sixty pounds paid over since except for one year only wherein Mr DALMAHOY paid seventy pounds Mr DALMAYHOY not withstanding by the grant of the Crowns the said Friary and Lands at Guildford are granted tithe free and not withstanding any right the Rector can or may pretend to hath not been found by any trial at Law or otherwise appearing to be a charge and notwithstanding before his Majesty’s Restoration nothing was over paid yet he  [condef..] that the said sixty pounds per annum should be deducted. The patron of St Mary’s Church in Guildford where the COUNTESS OF DIRLTON in the winter season (in respect of the low situation of her Parish Church) did frequently go to Church having in the life of the Countess received as a gratuity a present sometimes half a piece of Gold in a Hand Kercher did also apply himself to Mr DALMAHOY and instead of owning the same as kindness did pretend to have a right to something. But DALMAHOY believing that what the countess did was out of kindness only all the Friary lying in another parish did not agree to give or allow him anything as  a right but in respect he also went many times to that church he did out of kindness sometimes prevent the said patron also not being obliged to anything.

Wanborough

A farm called Wanborough Farm containing by estimation none hundred twenty three acres of arable meadow and pasture ground set unto George BEALE by seal bearing the date the 10th Day of December one thousand six hundred seventy and five 1675 to hold for tenures at the rent of two hundred and fifty pounds besides the carriage of ten loads of wood from any part of Wanborough to the manor house of Guildford being worth five shillings per load and is [?] two pounds ten shillings. A parcel of land called Holloway Vere planted with sauct foyne containing by estimation forty three acres or thereabouts now in the possession of the said Thomas DALMAHOY being of the value of thirty five pounds and A parcel of land called Patricks Land containing by estimation forty six acres or thereabouts of pasture ground part where is now in the possession of George BEALE and the residue Thomas DALMAHOY or his assigns being all of one value of twenty five pounds per annum. A farm called Inwood Farm containing by estimation one hundred thirty two acres of arable and pasture ground now in the procession of George WOODROFFE esquire at the Will of the said Thomas DALMAHOY being of the value of sixty pounds per annum. And Wanborough Common if enclosed would be of the value of about thirty pounds per annum and Puttenham Common containing by estimation sixty seven acres. Several coppices now in the possession of the said Thomas DALMAHOY commonly called or known by their names hereafter mentioned (that is to say) Knoll Coppice next and Downes containing by estimation seventeen acres or thereabouts, Botham Coppice containing by estimation thirty two acres or thereabouts, Long Lawns Coppice containing by estimation nineteen acres or thereabouts, Knowles Coppice next Patricks Land containing by estimation twenty seven acres or thereabouts, Botham Lawns containing by estimation twenty two acres or thereabouts, House Coppice containing by estimation fifty four acres or thereabouts, Holme Grove containing by estimation eighteen acres or thereabouts, Meadows Coppice containing by estimation five acres, Rough Green Croft containing by estimation eleven acres, and Horse Inholme Coppice containing by estimation fourteen acres. All which said several coppices do contain in the whole by estimation two hundred and twenty four acres being of the value of one hundred pounds per annum besides the growth of the said coppices. A meadow lying at Waverley Compton set unto Mr George COLDHAM at will containing by estimation about five acres at five pounds per annum. And threes acres at three pounds five shillings per annum. Tithes of land holden of [Thomas?] MANN being of the value of ten pounds per annum. Quit rent rents yearly being of the value of seven pounds two shillings and three pence perquisitts and profits of courts of the value of ten pounds per annum. One copyhold of thirty pounds one life in being eighteen copyholds more most of them for them out of Wanborough the said Thomas Dalmahoy pays to the archdeacon of Surrey five shillings per annum. One indenture of bargain and sale enrolled dated the fifth day February one thousand six hundred and fifty eight. Whereby Thomas DALMAHOY Elizabeth Duchess of Hamilton Edward GROSVENOR Ninian WILLIAMSON and Anthony KOCKS did bargain and sell part of the premises unto said Martin sister and Challoner CHUTE  and their heirs for your servicing two thousand pounds six hundred pounds and by subsequent conveyances as now vested in Charles FITZSWILLIAM Esquire William FARMER John JOHNSON Esquire and said Christopher WREN due a recognizance of seven thousand pounds defeasance on payment of the said moneys and interest. Also two other indentures the one of lease and the other of release dated the eight and nine and twentieth days of July one thousand six hundred fifty and nine [1659]. Whereby Thomas DALMAHOY Elizabeth Duchess of Hamilton James LOUTHIAN and Martin FORSTER did bargain sell and release unto John DICKSON and Anthony KOCHE and their heirs the manor of Wanborough for servicing three thousand nine hundred thirty eight pounds and interest. The which premises by reason of further moneys taken stand now charged to the principal sum of five thousand pounds and by subsequent conveyances are now vested in Henry and Nicholas POLLENFEN and George TREBY and John POLLEXFEN. And a lease for one thousand years of the same manor for servicing of the same moneys and eight thousand pounds for …. Also one other indenture bearing date the first day of December one thousand six hundred and fifty nine … Thomas DALMAHOY James SOUTHIAN and Marin FORSTER did demise the srite park and Lees of Guildford to _ THORNBURY for one thousand years for servicing one thousand two hundred and thirty six pounds and interest. The which premises by reason of further moneys taken up stand now charged to the principal sum of two thousand five hundred pounds and by subsequent conveyances … Also one other indenture dated the seventh and fourteenth day of February one thousand six hundred and sixty and .. whereby the said Thomas DALMAHOY did grant and … Nathaniel AXTELL of London and Margaret .. of London widow for one thousand years for servicing one thousand pounds [….]

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1681

The Answer of Thomas DALMAHOY Esquire Defendant to the Bill of Compliant of Elizabeth COLWALL Complaint

This defendant saving and reserving to himself now and at all times hereafter All advantage and benefit of exception to the uncertainties and other insufficiencies of the said Complaint Bill of Complaint contained for answers thereunto or to such part thereof as materially concerned this defendant to make Answers unto saith. That the Complaint (being as this defendant was informed and believes given to understand that this defendant was minded to sell and dispose of the Manor and Lands in the Bill and schedule mentioned she the said Compliant) or some on her behalf did thereupon treat write this defendant or some person on his behalf for the purchasing the same. And in order thereunto he this defendant saith that he this defendant did not only give or raise to be given to or to the use of the Complaint a particular of the said Manor and lands and of the quantities thereof which this defendant agrees with the copy annexed to the Complaint’s Bill. But this defendant believes he did and might affirms the truth was and is that he could make a good title to a purchasers of the said Manor Lands and premises in the particular mentioned free from all manner of Encumbrances except the mortgages in the Bill mentioned and the servicing relating thereunto. And except the Leases or Grant made by this dependant to Sir William MOORE Baronet and George WOODROFFE for the terms nine years dated about the second of February one thousand six hundred seventy and nine [1679] in trust upon condition that it should be lawful for this defendant by Will or deed to lease sell and dispose of the premises as he pleases for.  And this defendant saith that he does not know of any deed, act, matter or thing whatsoever had made suffered or executed by James late Earl of DIRELETON Elizabeth Countess of DIRLETON Elizabeth late Duchess of HAMILTON or this defendant or any or either of them that are is or can be any encumbrance or charge on any of the said manor or lands in the particular mentioned which are to be purchased by the plaintiff whereby in any sort to prejudice or impeach such her purchase except those before excepted. And this Defendant saith that notwithstanding any act matter or thing done or wittingly or willingly suffered by this Defendant he this defendant hath as he is advised by his counsel and verily believes a good title power and lawful authority to grant bargain and sell in fee simple All and singular the manors lands tenements and hereditaments in the said schedule affixed unto the said Bill except before excepted. And notwithstanding any such act as aforesaid has good power and lawful authority to grant in fee simple all and singular the fromship royalties commodities and emoluments used and enjoyed with the same manor lands tenements and hereditaments except before excepted without that that any other matter or thing in the Complaints Bill of Complaint contained material for thy defendant to answer unto and not herein and hereby well and sufficiently answered unto confessed and avoided transverse or denied is true. Al which matters and things prayeth to be dismissed with his reasonable case and charges in this behalf wrongfully [?].

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