C33/195

National Archives file C33/195 online at AALT
Indexed by IND 1/1574
http://aalt.law.uh.edu/C1/C33no195/IMG_6261.htm   [263] [not found in index]
[?] 28 No[vember] [1650?]

[?] [?] CRANBOURNE et Dna Diana [?] [?] [?] [executrix?] James MAXWELL [?] DALTON [DIRLETON?] and [?] THACKHAM et James PARSONS defendants.
Upon opening of the matter this [?] day unto this Court by Mr Attorney of the Duchess being of the plaintiffs’ Counsel in the [?] of Mr HEAL being of the defendants’ counsel.
It was alleged by the plaintiffs’ Counsel that the scope of the plaintiffs Bill is to be relieved for rents due upon leases made to the defendants by the [?] Earl DIRLETON party whereof were due before his death which said rents due before his death the said plaintiff claims as administratrix and those rents due since his death the said plaintiff the Lady Diana claims the same as heir to the Earl and the said defendant THACKHAM by answer confesses a lease made to him at the rent of 50 [?] per annum and that
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There are two half years rent in his hands which were due, part before and part after the death of the said Earl and the defendant PARSONS confesses that the said Earl made a lease unto him at 11 [?] per annum and that he hath two half years rent in his hands due, part before and part after the said Earl’s death.
And therefore it was prayed that the said several rents in the defendants’ hands might be brought into Court whereby [?] and upon hearing of the defendants’ counsel who alleged that there have been several disbursements out of the said rent. It is thereupon thought fit and so ordered that the said defendants shall bring the said rents into Court deducting out [?] of what hath been paid in taxes which ought to be allowed and the said rents is to remain in Court and not to be [?] out without special order.
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1650 http://aalt.law.uh.edu/C1/C33no195/IMG_6427.htm [326]
[?] Cranbourne v THACKHAM

[page 326] [AALT IMG_6427]
Jo 23 [Jan? 1650-1]
[?] [?] CRANBOURNE et [?] Diana [?] [?] adm exc James MAXWELL Countess DIRLETON and Thomas THACKHAM et James PARSONS defendants
Whereas by an order of the 28th No[ember] last [past?] was ordered that the [?] should bring their rents in the said order mentioned unto Court deducting out thereof what hath been paid in taxes which ought to be allowed and the rent to remand in [?] and not to be delivered [without?] special order. Upon [opening?] of the matter this past day unto this [?] [?] by Mr HEATH being of the defendants Counsel it was alleged that the defendant by their answers set forth that the Earl of DIRLETON made a Will and made the Countess his relict the executrix thereof [?] the [?] years rent in the life of the said Earl belongs and that the Lady Diana is but one of the daughters and [coheirs?] of the said Earl he having another daughter so that the rent grown due since the death of the said Earl belongs but in part to her [and? ?] and the defendant then answer set forth that the lands they hold in lease is parcel of Guildford Park, which park a fee farm rent to the state which being [arrears?] The defendant THACKHAM hath been forced to pay out of his years rent for his said rent arrears of the State and four messuages fees [?] [?] and this defendant James PARSONS out of his years rent for the said rent arrears and messuages fees [3?] [16?] and therefore it was prayed that they might deduct the same as well as the taxes. This thereupon ordered that the defendants shall have time to [?]
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http://aalt.law.uh.edu/C1/C33no195/IMG_6427a.htm

unto Court their said rents deducting out thereof what they have paid taxes and what they set forth by answer to be paid for rent to the state and messuages fees until the end of this term and in the meantime all [?] of contempt against the defendants [for us] bringing in the same are stayed.
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1650 March 3? http://aalt.law.uh.edu/C1/C33no195/IMG_6607a.htm
[505] [?] Cranbourne v Eliab HARVEY Robert ABBOTT and other defendants

[?] [? CRANBOURNE [?] [?] [?] Eliab HARVEY Robert ABBOTT et [?] Defendants
3 March
For as much as these Honourable
Lords [?] for [?] were this
[? Day informed by Mr [?son] being of the plaintiffs counsel that exception being taken to the answer of the defendant HARVEY and ABBOTT these defendants have not amended their said answer by the time limited. It is therefore ordered that Mr [?] [?] Do consider of he plaintiffs bill and the defendants said answers and Of the plaintiffs exceptions taken to the insufficiency thereof and If he shall find and certify the defendants said answer to be Insufficient then a [subpoena?] is awarded against the said defendants to make A full and perfect answer to the plaintiff’s bill according to the Said report.
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Upon opening of the matter this [?] day unto this Court by Mr Attorney General and Mr JOHNSON being of Complainants Counsel in the [?] of Mr CHUTE being of the defendants Counsel and upon long debate of the matter and upon hearing what could be alleged on the [?] side. It is ordered that the defendants the Countess of DIRLETON and William WESTON shall have liberty to proceed to trial and judgement at law touching any the matters here in question but exception there upon is stayed till the hearing of the cause or other order to the contrary WG.

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