National Archives C9/7/42
Contents
Answer of Robert ABBOTT
The several answers of Robert ABBOTT of London Scrivener unto the Bill of Compliant of the Right Honorable Charles Lord CRANBOURNE and the Lady Dina his wife Complainants
January 1650 ?
John PAGE
The said defendant saving to himself now and at all times hereafter all advantage of exception to the many uncertainties and // insufficiencies of the said complainants Bill of complaint for answer unto there of as he [?] is material for him this // defendant to make answer unto Saith that it is true tha the said James MAXWELL Earl of DIRLETON did bargain and sell all or // part of the said lands in the Bill mentioned unto the said Heneage FINCH john PRESTWOOD and Henry PRATT. And that sum of five and // twenty hundred pounds in monies mentioned in the said deed of bargain and sale as the consideration thereof were by the said// John PRESTWOOD at and by the appointment of the said James Earl of DIRLETON truly paid and delivered unto this defendant’s hands // to and for the only use and behoof of him the said James MAXWELL Earl of DIRLETON. But this Defendant further saith that within a short // time after the receipt of the said five and twenty hundred pounds the said James MAXWELL Earl of DIRLETON did order and // appoint him this defendant to pay the five and twenty pounds and every part thereof unto the east India Company in // London which he this defendant paid or caused to be paid accordingly. And this defendant also saith that before the delivery of the said // five and twenty pounds unto him this defendant by the said John PRESTWOOD he this defendant never had any part of // the estate or monies of the said James MAXWELL Earl of DIRLETON in his custody or possession nor did he the said Earl [?] // going into Scotland or at any time since the payment of the five and twenty pounds unto the East India Company now remaining in this defendants’ hands or custody. And whether they the said complainants have even offered to pay the said five // and twenty pounds he this defendant doth not [certainly?] know neither doth he this defendant know what estates have been // made of the said lands by the said mortgager or any of them nor whether ay estates thereof have been at all made by themselves // or any of them. And this defendant further saith that he did never enter into any combination with the Lord Duke Hambleton [HAMILTON] or the said // Elizabeth Countess of DIRLETON or any other person or persons whatsoever to defraud or defeat the said complainants of their said // right title or interest of in or to the lands in the Bill mentioned. As by the said Bill of Complainant is most unjustly and untruly // alleged. But he this defendant doth utterly deny all such contrivances and practices and all other unlawful combinations and // confederacies whatsoever without that that any other matter or thing in the Bill alleged material for him this defendant// to make answer unto and not herein and hereby sufficiently answered unto confessed and avoided transversed or denied is // true All which matters and this defendant is ready to answer and make good as this honourable Court shall award and prayeth to // be hence dismissed with his reasonable costs and charges in this behalf most wrongfully sustained. //[end]
Answer of Henry PRATT
The answer of Henry PRATT Citizen and Haberdasher of London unto the Bill of Complaint of the Right Honourable Charles Lord CRANBOURNE and the Lady Diana his wife Complainant
Feb 1650 [1650-1] Robert AYLETT
The said defendant saving to himself now and at all times hereafter all advantage of exception to the many uncertainties and // insufficiencies of the said complainants Bill of complaint for answer unto there of as he conceives is material for him this // defendant to make answer unto Saith that he neither knows nor hath ever yet heard that the said James MAXWELL Earl of DIRLETON hath made any conveyance of the lands in the Bill mentioned or any part thereof unto him this defendant // and others as by the said Bill of Complaint is supposed but if any such conveyance were made the same was altogether without // his this defendants privity consent or knowledge and the said defendant also saith that he knows nothing of the contents thereof // neither hath he ever heard or been made acquainted upon what consideration the same was made nor what estate is granted // or conveyed by the same nor hath he this defendant ever seen the said mentioned conveyance or any copy thereof or ever sealed any counterpart of the same but is utterly ignorant of all and any the causes and reasons why the said James Earl of DIIRLETON // did make and execute the said conveyance if any such were at all made or executed. And the said defendant further // saith that he never intermeddled with any of the rents or profits of the said lads nor ever accepted or took upon him // any [?] in the said lands or any part thereof to or for the said James MAXWELL Earl of DIRLETON or to or for any // other person or persons whatsoever but the said defendant doth hereby refuse relinquish utterly renounce and for ever disclaim // all and ever the use and uses estate and estates interest and interests whatsoever which now are or at anytime // heretofore been limited and conveyed unto him this defendant jointly or severally of or in any of the said lands and tenements // in the said Bill mentioned or any part thereof neither will he this defendant consent to accept of the same. And the said // defendant doth also deny that he did never enter into any confederacy combination with the Lord Duke Hambleton [HAMILTON] // or any other person or persons whatsoever to defraud or defeat the said complainants of their said // estate or interest in the said // lands. As by the said Bill of Complainant is most unjustly and untruly // alleged without that that any other matter or // thing in the Bill set forth material for him this defendant to make answer unto and not herein and hereby and // sufficiently answered unto confessed and avoided transversed or denied is true. All which matters and things // this defendant is ready to answer and prove as this honourable Court shall award and humble prayeth to be hence // dismissed with his reasonable costs and charges in this behalf most wrongfully sustained. //[end]
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