National Archives C7/620/5
Bill of Complaint of Henry Clifton of Snowhill
26 May 1704
Humbly complaining showeth unto your Lordship dayly Orator Henry CLIFTON of Snowhill in the parish of St Sepulchres Grocer son and heir of Henry CLIFTON late of Worplesdon in the county of // Surrey and of Mary his wife late deceased and administration of the goods and chattels of Mary LEE your Orator grandmother late Sutton in the parish of Woking in the County aforesaid widow deceased that Henry of marriage was // had eldest […] the said Henry CLIFTON your orator’s said father and the said Mary your Orator’s said mother in the year one thousand six hundred and sixty nine [1669] whereupon it was concluded and agreed // that in consideration of the marriage to be had been them and of the marriage portion of the said Mary he the said Henry CLIFTON together with Jane CLIFTON his mother did join in a covenant of // all that messuage or tenement gardens orchards barns stables stalls outhouses edifaces buildings courtyards and all and singular the appurtenances to them belonging commonly called or known by the name // of Wipley Farm or by what other name was called situate in the parish of Worplesdon aforesaid and now in the occupation of Jane CLIFTON and Henry CLIFTON and all those eighteen closes and parcels of land // meadow pasture and wood ground containing by estimation one hundred and six acres more or less to the said messuage or tenement belonging or there with used occupied or enjoyed and particularly named (that is to say)
one close // called Barne Field containing by estimation seven acres,
one close called Roof Coppice Butts by estimation seven acres
one close called Morland Field by estimation seven acres,
one close called Clasted Coppice // by estimation three acres,
one close called Swingcroft by estimation seven acres,
one close called Pye Field by estimation five acres,
one close called Pye Field Butts by estimation five acres, //
one close called Hollards Field by estimation nine acres,
one close called Little Burchy by estimation three acres,
one close called Langroft by estimation six acres,
two closes called Broom Fields by // estimation twelve acres,
one close called Great Burchy field by estimation seven acres
one close called Whitecroft by estimation three acres,
one close called Thomas Field by estimation nine acres and
one close // Called the Roof coppice containing by estimation eleven acres
one close called Homefield by estimation three acres
one close called the Mead Plot by estimation two acres
or by whatever other name or names // The same so called or known lying in the parish of Worplesdon aforesaid in the said county of Surrey bearing date on or about the month of August one thousand six hundred and sixty nine [1669] and duly // Executed under hands and seal whereby he the said Henry CLIFTON and his said mother did covenant and agree upon the consideration aforesaid to and with the said Mary LEE and one Thomas MASCALL of the // Parish of Send in the County afore to stand seized of the said premises. To the use of the said Henry CLIFTON [?] and the heirs of his body on the body of the said Mary his [?] intended wife in and by the said // Indenture it was covenanted on the part and behalf of the said Henry and Jane his mother for themselves and each of them and each of their heirs executors and administrators to [?] the said Mary LEE and Thomas MASCALL and either // of them, their and either of their heirs executors and administrators that the said premises were free and clear at that time from all former and other quit to grants bargains sales // Whatsoever had made committed or done by the said Henry CLIFTON. And the said Jane CLIFTON, Henry did by their bond or obligation bearing date with the said indenture became bound // to the said Mary LEE and Thomas MASCALL in the penalty of two thousand pounds for the true and effectual performance of the condition in the said bond indemnifying and to save harmless the said Mary LEE // and Thomas MASCALL against any breach of the covenants in the said indenture contained as in and by bond duly executed under the hands and seals of the said Jane CLIFTON and Henry CLIFTON ready to // be produced and appeareth in pursuance thereof the said marriage did take effect and the said Henry CLIFTON had issue between them your Orator their eldest son and heir and your Orator well hoped // to have enjoyed the said premises after the death of his said father and mother quietly and peaceably free from all tithes charges and encumbrances whatsoever and further your orator showeth that the // said Thomas MASCALL died long since and that the said Mary LEE him survived and died about twelve months ago whereby the [?] of the said covenants and bond survived to her and your Orator hath // caused letters of Administration to be taken out and granted him of all her personal estate debits and credits as and by the same under the seal of the Bishop of Winchester’s Court ready to be produced appeareth // but now so it may please your Lordship that the said Jane CLIFTON being dead and leaving a very plentiful and valuable personal estate consisting of all sorts of corn grain and utensils of // husbandry and of great quantities of household goods and stuff of all sorts and diverse debts and securities for money owning to her and of ready money in the house, pieces of gold and silver plate jewels rings // and other personal estate goods and chattels of value sufficient to pay all his debts with an over plus and dying intestate one James CLIFTON brother of the said Henry CLIFTON deceased hath taken out letters of // administration of the goods and chattels rights and credits of the said Jane CLIFTON his mother and by virtue thereof has possessed himself or others by or with his priority and for his use or benefit of all the said // personal estate goods or chattels whatsoever and have concerted the same to his and their own use and refuses to disprove the same or to apply the same or any part thereof to the satisfaction of the just debts // or demands of your Orator and especially to the damage done to your Orator upon the said marriage settlement for that he the said Henry CLIFTON the father notwithstanding all the assurances // given to your Orators relations and the covenant and bond aforesaid that his estate was clear from all encumbrances yet nevertheless it so now appears and the truth is that the said Henry CLIFTON had // before the said marriage settlement mortgaged the said Premises for four hundred pounds which he suffered to continue till after his death and the said debt and interest did amount to the sum of five hundred // sixty two pounds sixteen shillings and as a penny which remain as a burden and encumbrance on the said jointure estate entailed upon your Orator as aforesaid and he was forced to pay the same or // otherwise he must have lost his estate all which the said James CLIFTON doth very well know and he ought to reimburse your Orator the said Mary LEE Administrator and indemnify him for what had [his?] // // paid to redeem the said estate out of the assets left by the said Henry CLIFTON and Jane CLIFTON or either of them but the same are concealed by the said James CLIFTON and Beatrix CLIFTON his sister by // combination and confederacy between them and others to your Orator unknown and they make no discovery thereof although they know the same to be true and of what particulars and true values thereof did amount // unto and what became of the same and how the same had been sold or otherwise disposed of all which matters and dealings of the confederates are contrary to equity and good conscience. In tender // consideration where and for as much as your Orator is [?less?] at law his witnesses who could prove the to be true being either dead or in parts remote or unknown // do that your Orator is only relievable in a Court of Equity. To this intent therefore that the said confederates who know the know the premises to be true may true and perfect answer make thereunto and may set // forth what personal estate in particular what goods [?] money at interest securitised for money or ready money or either of them died possessed of or were any way interested in at their or either of their death and // the true values thereof and what became of the same and to whom sold and delivered and for what and when and what remains if any in [?] and of what their said personal estates in particular did consist and may show // cause why they shouldn’t come to an account with your Orator for the same and make him satisfaction for his damages so [sustained?] as aforesaid to the end they may answer all other and singular the // premises as if again particularly interrogates and that your Orator may have such relief in the premises as shall be agreeable to Equity and justice may it please your Lordship the premises considered // to grant unto your Orator her majesty’s most gracious writ or writs of subpoena under the seal of this Honourable Court to be directed to the said James CLIFTON and Beatrix CLIFTON thereby commanding // them and either of them at a certain day and under a certain pain thereunto be limited personally to be and appear before your Lordship in this Honourable Court then and there to answer all and singular the // premises and further to stand and to abide such order direction and decree therein as to your lordship shall seem meet and your Orator shall ever pray. //
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Complaint of Henry CLIFTON
July 1704
[?] your Orator Henry CLIFTON that at [?] of [?] [?] between your Orators father and mother whereupon it concluded that your Orators father and mother did join in it indenture of that messuage or tenement [?] by the name of Ripley Farm with all the lands thereunto belonging thereby your Orator’s father and mother did agree with Mary LEE and [?] Thomas MASCALL also in the conveyance is mentioned [?] [?] thereof the […] effect and the said Henry CLIFTON [?] [?] between them your Orator their eldest son and heir and your [?] hopes to have enjoyed the said premises after the death of his said father and mother she self that the said Thomas MASCALL died long since and the said [?] [Lee?] and is dead Thereby the interest of the said covenants [?] to he orator and hath taken letters of administration but so it is the defendant combining with several persons in the Bill is mentioned do the end the defendants [?] answer the premises to [?] particularly in the Bill is [?] May it please your Lordship the premises considered to grant unto Orator his majesties most gracious or writs of subpoena under the seal of this honourable court to be directed James CLIFTON and Beatrix CLIFTON thereby commanding them and every of them.
William BILLINGSWORTH
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The joint and serval answers of James CLIFTON and Beatrix CLIFTON defendants to the bill of Complaint of Henry CLIFTON Complainant.