C9/5/44

Posted on August 23, 2016 by batemanm

National Archives C9/5/44

The several answer of John PRESTWOOD of London Merchant to the Bill of Complaint of Honourable Charles Lord CRANBOURNE and the Lady Diana his wife Complainant

The said defendant saving to himself now and at all times hereafter all advantages of exception to the many uncertainties and insufficiencies of the said complainant’s Bill of Complaint for answer thereunto and of // so much as he considers is material for him this defendant to make answer unto saith that true it is that the said James MAXWELL Earl of DIRLETON in the Bill mentioned did in his life time by deed indented // bearing date the four and twentieth day of May in the year of our Lord God according to the computation of the Church of England One thousand five hundred forty and nine [1649] enrolled in this honourable // Court bargain and sell [?] and confirm unto the said Heneage FINCH and Henry PRATT in the Bill mentioned and him this defendant their heirs and assigns. All that Capital Messuage called the Friaries and the houses barns // and buildings courts yards gardens orchards walks ways esasements profits commodities and their appurtenances thereto belonging situate lying and being at or near Guildford in the County of Surrey heretofore in the // tenure or occupation of the right honourable James Earl of ANNANDALE or of his assigns and then in the tenure or occupation of the said James Earl of DIRLETON or of his assign or assigns. And also all those closes // and parcels of lands meadow and pasture with appurtenances called or known by the names or names of the Lees lying and being in the parish of Stoke near Guildford aforesaid  now in the several tenure // or occupation of several under tenants and also all that park called or known by the name of Guildford Park and all those messuages farms lands and inloped grounds lately disparked and before that // Parcel of the said Park called Guildford Park or so late heretofore reputed to be called or known the said Park and lands containing by estimation one thousand five hundred acres and all // situate lying and in or near the parishes of St Nicholas in Guildford Compton and Worplesdon or some or one of them in the said County of Surrey and all messuages houses barns lodges buildings // lands meadows pastures feedings commons way of Easement and appurtenances to the said Capital Messuages Park farms and land before mentioned and to every and or either // of them belonging incident or appertaining or more [?] or now or heretofore accepted reputed taken known leased used occupied or enjoyed as part parcel member or belonging of or to the same. And // the revision and revisions remainder and remainders rents and yearly and other profits whatsoever of all and singular the premises and of every part and parcel  thereof/ and also all those [?] right title // Interest use portion inheritance claim and demand whatsoever of him the said James Earl of DIRLETON or into and out of the said Capital Messuage park farms lands and premises and of // In to and out of [?] and parcel thereof and all deeds evidences [?] and writings touching or concerning the premises onely or onely any part or parcel thereof To have to hold the said Capital// Messuage Park farm lands tenements hereditaments and all and singular other the premises before mentioned or intended to be hereby granted bargained sold [?] and confirmed and every part and parcel // thereof with their and every of their appurtenances unto the said Heneage FINCH this defendant and Henry PRATT their heirs and assigns as by the said Indenture of bargain and sale [relation?] being there unto had // more at large it doth and may appear together with which said recited indenture of bargain and sale one other Indenture of the same date and between the same parties reciting the said indenture of // Bargain and sale or the most part thereof was likewise sealed and delivered at the same time by the said James MAXWELL Earl of DIRLETON wherein there was and is contained a certain provision or condition // in these words following provided always and upon this condition nevertheless that if the said James Earl of DIRLETON his heirs executors administrators or assigns or any of them do well and truly pay // or cause to be paid unto the said Heneage FINCH John PRESTWOOD and Henry PRATT their executors administrators or assigns at or in the now dwelling house of Robert ABBOTT Scribner situate // In Cornhill London the full sum of twenty and five hundred pounds of lawful money of England on the Thirtieth day of November next ensuing the  date of these presents that then and from // thenceforth the said recited indenture of bargain and sake and enrolled thereof and the grant bargain and sale thereby made of the said Capital Messuage, Park, Farms, lands, tenements, hereditaments // and premises and any covenant grant matter and thing in the said recited indenture and in these presents or either of them contained on the part and behalf of the said James Earl of DIRLETON his // heirs executors and administrators covenanted and to be performed shall cease determine and be utterly void and of none effect to all intents and purposes in the said cited indenture of bargain and sale // And these presents or anything in them or either of them contained to the contrary thereof in any wise notwithstanding as by the said other indenture  ready to be Known forth to this Honorable //Court more at large it doth and may appear. And this defendant verily believes that neither the said Heneage FINCH or Henry PRATT were present at the sealing of the said deed of bargain and // sale or of the said other indenture or sealed any counterpart of them or either of them but he this defendant did seal and deliver the counterpart thereof. Nevertheless this defendant further // Saith that the said five and twenty hundred pounds mentioned in the said deed of bargain and sale as the consideration thereof was not Lent by  him this defendant unto the said James MAXWELL // Earl of DIRLETON nor as this defendant verily believes did the said Heneage FINCH and Henry PRATT or either of them lend the said sum of  five and twenty hundred pounds unto the said // Earl of Dirleton or any of part thereof but the five and twenty hundred pounds which he this defendant paid unto Robert ABBOTT in the bill mentioned was the [personal?] monies of the said James // MAXWELL Earl of DIRLETON and was by him formerly delivered unto him this defendant to the intent and purpose that unless the said Earl of Dirleton should afterwards receive and borrow // of him this defendant the said sum of five and twenty hundred pounds upon a true and real loan that then the estate and inheritance of and in the said lands so bargained and sold as aforesaid // should remain continue and be in the said Heneage FINCH, Henry PRATT and him this defendant and their heirs in trust for the said James MAXWELL Earl of DIRLETON his heirs and assigns // And since the said Heneage FINCH, Henry PRATT have (as this defendant is informed) disclaimed to have or accept any estate use or trust in the premises the sole inheritance thereof // as this defendant conceives and by his counsel is informed [?] and remains in him this defendant to and under the trust aforesaid. And this defendant further saith that the said James // MAXWELL Earl of DIRLETON did not at any time since the sealing of the said conveyance receive or borrow of him this defendant the said sum of five and twenty hundred pounds or // any part thereof. And this defendant also saith that since the decease of the said James MAXWELL Earl of DIRLETON he this defendant hath seen a writing bearing date the four and // twentieth day of April one thousand six hundred and fifty [1650] and containing these words following [?] presents shall come greeting whereas I James Earl of // DIRLETON have long since settled and stated my most loving and dear wife Elizabeth in all those my lands …. lying within the Kingdom of Scotland // Not know yee that I James Earl of DIRLETON aforesaid [?] and considering that much of the rent [?] lands may happen to be diminished by reason of the extraordinary // Impositions and taxes (the necessary issue of those troubles and distress with daily threaten and [?] this kingdom) with [God?] of his infinite mercy direct) and well remembering her continued // Constant love and affection to me have not for her better support and comfort in her [?] and for many other good causes [?] there unto [?] given and granted as an addition of // livelihood to my said dear wife over and above the rents and profits arising out of the lands of [?] and this [?] of Dirleton. All those my lands tenements and hereditaments commonly called // and known by the names of the manor of Wanborough, Priory House of Guildford, and Guildford Park with [?] lying and being in the county of Surrey within the Kingdom of // England to have hold and enjoy the said Manor Priory Park and appurtenances during the whole term of him of her natural life her and his assigns without any manner of trouble let molestation //or interruption whatsoever in witness whereof I have here unto set my hand and seal this four and twentieth day of April in the year of our Lord God One thousand six hundred and fifty [1650] // And this defendant verily believes that the said declaration was under the hand and seal of the said James MAXWELL Earl of DIRLETON and this defendant is the rather indured so to believe because the // said declaration as to the estate therein limited to the said Elizabeth Countess of DIRLETON during her life is most agreeable with and directly according to those  expressions which the said Earl of // DIRLETON in his life as this defendant hath heard by the relation of Mr Elios HARVEY and Mr Thomas  WOODFORD did by word of mouth deliver them not long before the departure of him the // Said Earl into Scotland And thereupon he this defendant being informed by his counsel learned in the laws of this land that if the said deed writing or declaration be  true that the said James // MAXWEL Earl of DIRLETON hath thereby sufficiently declared his intention and appointment that she the said Elizabeth Countess of DIRLETON should have an estate for life in  premises and that she will be // able by the means of this Honourable Court to compel him this defendant to convey and execute such an estate therein unto her for the better effecting whereof she the said Elizabeth  Countess of DIRLETON hath // already served him this defendant with a writ of subpoena out of this Honourable Court he this defendant therefore intend speedily to convey unto the said Elizabeth Countess of DIRLETON  an estate for her // life in the said lands tenements and premises in [?] of the trust in him repose and for the [?] suit and trouble which might happen to him this defendant and this he hopes is lawful for him to do. // And this defendant also saith that he hath not made any estate of the premises to any person or persons whatsoever. And this defendant further saith that he did now enter into  any combination with the // Lord Duke HAMBLETON or the said Elizabeth Countess of DIRLETON or any other person or persons whatsoever to defraud or defeat the said Complainant of their [?] right  title or interest of in or to // the lands in the Bill mentioned as by the said Bill of Complaint is most [?] and untruly alleged but he this defendant doth utterly deny all such contrivances and particular and all other unlawful combination // and confederates whatsoever without that any other matter or thing in the said Bill alleged material for him this defendant to make answer unto and not herein and hereby sufficiently answered unto // confessed and avoided traversed or denied is true. All which matters and things the said defendant is ready to [?] and make good as this Honourable Court shall award and humbly pray to be hence dismissed with // his reasonable costs and charges in this behalf wrongfully sustained. //

[end]

 

 

Posted in Finch, Hamilton, Maxwell, National Archives Documents, Pratt | Comments Off on C9/5/44

C10/44/50

Posted on August 23, 2016 by batemanm

National Archives Document C10/44/50

Contents

Bill of Complaint of Charles Lord CRANBOURNE and Diana his wife. 1

Answer of Edward EXALL. 3

Writ to William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL. 4

Writ/Bill William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL. 5

Plea of William SMITH and John RINGHAM.. 6

Plea of William LANE, Edward JONES, William CLIFTON, Richard WALLIS. 7

 

 

 

Bill of Complaint of Charles Lord CRANBOURNE and Diana his wife

20th June 1651

SMYTHEY

To the right Honourable Lord Commissioners for the custody of the Great seal of England

Seale of England

Humbly complaining show unto your Lordship your daily Orator and Oratrix Charles Lord CRANBOURNE and the Lady Diana his wife that whereas James MAXWELL Earl of // DIRLETON in Scotland deceased father of your Oratrix the Lady Diana was in his life time seized in fee of the manor of Wanborough, Priory House of Guildford, // Guildford Park with the appurtenances lying and being in the County of Surrey.  And he the said Earl being thereof so seized about five years since as well by // several indentures of demise in writing as also by several leases poll and for an year to year demise grant and to farm let for several terms of years // and for one year to year unto William LANE, Edward JONES, William Clifton, Edward EXALL, William SMITH, John [?ham], Richard WALLIS respectively several parcels and quantities of // the said Park called Guildford Park and other lands and premises belonging to the Manor of Wanborough reserving by the said several and respective leases // several yearly rents payable half yearly or at some other time or times unto the said Earl of DIRLETON his heirs executors and assigns at some certain // place by the said leases expressed and agreed by virtue of which said several and respective leases the said several persons did respectively enter into the several // [?] of land thereby demised unto too them and became thereof possessed and have severally enjoyed the same ever since making the leases aforesaid and // your Orators further show that the said James MAXWELL Earl of DIRLETON being in Scotland about a year since died after whose death the Manor Priory House // Lands and premises did descend and come unto your Oratrix the Lady Diana as daughter and heir of him the said Earl of DIRLETON by reason whereof all and singular // the said rents due and payable by the aforesaid several persons upon the said leases are due and ought to be paid unto your Orator and Oratrix the Lord CRANBOURNE in right // of his said wife as heir unto her said father the Earl of DIRLETON but now so it may it please your Lordship that the said William LANE, Edward JONES, William // CLIFTON, Edward EXOLL and Richard WALLIS having in their hand and unpaid rents due upon the said leases since the death of the said Earl // of DIRLETON do absolutely refuse to pay the same unto your said orator the Lord CRANBOURNE in right of his said wife but by combination amongst [?] // do endeavour to defraud him thereof they the said persons well knowing that your Orator and Oratrix cannot produce the counterparts of such of the said lease as // and in writing now prove the said other parcel leases or agreements whereby to compel payment of the said several rents by the rules of the Common Law and they these // said before named persons and receive of them do refuse to set forth and declare what and how much rent they and every of them respectively are by the said // leases bound to pay or to pay the same accordingly. In tender consideration whereof and for that your Orator and Oratrix have not the counterparts of the said // For the [?] of the said rents at the Common Law for that the said Earl of DIRLTON died in Scotland and they your Orator having as yet gotten into their // hands or custody and writing belonging unto him by reason hereof they are absolutely without remedy at law or otherwise [?] by a course of Equity // in this honourable court to the end therefore that the said William LANE, Edward JONES, William CLIFTON, Richard WALLIS, William SMITH, [?], Edward EXALL and every of them may // severally and respectively upon their and every of their corporal oaths so set forth and discover what lease or leases they or any of them have from the said // Earl of DIRLETON and of what lands in particular and what rent or rents is reserved thereupon and what and how much rents reserved and in arrears by them // or any of them upon the same and they and every of them respectively may by the order and decree of this Honourable Court be compelled do to pay the same unto your // Orator and Oratrix according to equity and good conscience may it please your Lordship the premises considered to grant writs of subpoena to be direct unto the // Said William LANE, Edward JONES, William CLIFTON, Richard WALLIS, William SMITH, [?] and Edward EXALL thereby commanding them and every of them by a certain day and under a // certain pain therein to be limited personally to be and appear before your Lordship in the High and Honourable Court of Chancery then and at [?] to // Answer all and every the premises and further to stand and abide such order and decree as to your Lordship shall seem meet and agreeable // With [?] and equity and good conscience. And your Orator as I  duty bounds shall pray.

Geo JOHNSON

BURROUGH.

[End of document]

 

Answer of Edward EXALL

[Image 15.14.26]

The several answer of Edward EXALL one of the defendants to the Bill of Complaint of the Right Honorable Charles Lord CRANBOURNE and the Lady Diana his wife Complainants.

The said defendant saving to himself now and at all times hereafter all benefit and advantage of exception to the uncertainties and imperfections of // the said Bill of Complaint for answer unto so much as concerns him to make answer unto he saith as follows and first he saith that he taketh it to // be true that James MAXWELL Earl of DIRLETON in Scotland father of the Complainant Diana was in his life time seized in his demeasure as of fee of the manor // of Wanborough, the Priory House of Guildford and Guildford Park in the Bill mentioned. And saith that the said James MAXWELL in his life time // by his indenture bearing date the twentieth day of November the two and twentieth year of the reign of the late King Charles did demise // to this defendant several parcels of the said Park called Guildford Park that is to say the site of the Capital Messuage or mansion house of or // belonging to Guildford Park and the Pidgeon House standing next the same and all those lands and grounds containing by estimation four acres // and two [?] then severed and divided from the residue of the lands and grounds there lately disparked called Guildford Park adjoining to or // lying near the said messuage. And also all those four other closes or parcels of enclosed land lying near the said messuage containing fifty-four // acres and ten perches more or less and the messuage barnes and buildings upon the same and all those lands.  And enclosed grounds called or known // by the name the Course containing by estimation one [hundred?] and [?] acres more or less. And all that parcel of [ground?] lying at the east end of the course // containing by estimation two acres called the Penn. And all those lands and grounds called the Paddocks containing by estimation thirty acres to have to hold for // eleven years from lady day before at and under the yearly rent of three score and sixteen pounds to be paid at the feast of St Michael the // Archangel and the annunciation of St Mary the blessed virgin to equal portions As by the said indenture of lease in this defendants custody whereto // this defendant for more certainty refers himself doth and may appear. And that by force thereof this defendant did enter upon the premises // to him demised as aforesaid and doth use and enjoy the same but denies that the said James MAXWELL by indenture seal [?] or otherwise did demise to this defendant any other of the premises. And for further answer this defendant saith that the said Earl // About the time in the Bill mentioned died. And that the Complainant Diana pretending to have administration of his goods and chattels this defendant // Paid ti oth [?] the rent that grew due for the premises at lady day one thousand six hundred and fifty [1650] in the life time of the said earl and hath // since likewise paid to the Complainants the half years rent that grew due for the premises at Michaelmas one thousand six hundred and // fifty [1650] they pretending to have good right and title to the same for further answer this defendant saith that the Countess of DIRLETON the // the relict of the said earl being since the death of the said Earl come into England she doth entitle her self to the rent of the premises under // some conveyance made the said Earl in his life time. And hath not only forbidden this defendant to pay the complainant any money rent // but requires him to pay the same to her and thereupon this defendant hath refrained to pay the complainants the rents that grows due at // Lady Day last and at Michaelmas now last past which years rent only is in this defendants hands unpaid for further answer this defendant saith // that whereas the complainants by their Bill pretend that the Complainant the Lady Diana is sole daughter and heir of the said Earl this defendant // Is informed that she was only a co-heir with the Duchess of HAMILTON her sister another daughter of he said earl while she lived and since // her death with her heirs fir further answer this defendant saith that whether the complainants have the counterpart of the lease made // as aforesaid to this defendant he this defendant knows not but saith that he doth not refuse to pay the complainants his rent for that they // want the counterpart but for that as he is now informed he believes the complainant hath no good title thereunto but the said Countess // and this defendant doth expressly deny that he hath refused to declare what or how much rent he is to pay for the premises [?] but saith he hath // made know his rent to them and hath paid them a years rent as aforesaid and saith that at the complainant’s charge he shall be willing // to give them a copy of his lease f they shall desire it whereby they may be enabled to sue at law for the [rent?] is due to them and this defendant // denies all combination in and by the said Bill against him suggested without that that any other matter or thing material or effectual in the // Law for this defendant to make answer unto and not herein or hereby before sufficiently answered unto traversed confessed avoided or denied // is true to the knowledge of this defendant all which matters and things this defendant is and shall be ready to answer and prove as this honourable  // Court shall award and humbly prays to be hence dismissed with his reasonable costs and charges on this behalf wrongfully sustained //

Roger HEARN

Writ to William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL

 

[…] Liberty of England by authority of Parliament To John WESTBROOK[1], John LANDER, John MOUNGER, Poynings MOUNGER[2], Richard BLAGRAVE and […] greeting whereas Charles Lord CRANBOURNE and the Lady Diana his wife [?] have exhibited their Bill of // Complaint before [?] in the Court of Chancery against William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL // […] the said defendant that they should appear before me in the Court of Chancery at a certain day now past to answer the said bill know //[…] relying on your care and fidelity do hereby give unto each of you full power and authority diligently to examine the said // [?] upon the matter of the said Bill the tenor where we send you here enclosed. And therefore we command you or or two or more of you that at // Examine them upon their corporal oath taken before you or any two or more of you upon the Holy Evangelist touching the matters of the said // Bill and that you receive the said answer to be made there unto and [?] the same into writing in parchment and when you so taken it that // you send the same distinctly and plainly to be in the said Court of Chancery in three weeks after Michaelmas next touching  – wheresoever it shall the // be closed up under the seals of you or any two or more of you or any two or more of you together with the tenor aforesaid. And this writ writings ourselves at // Westminster the [?] day of June in the year of our Lord God 1651. //

Writ/Bill William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXOLL

[Humbly complaining?] show unto your Lordship your daily Orator and Oratrix Charles Lord CRANBOURNE and the Lady Diana his wife That whereas James MAXWELL Earl of DIRLETON in Scotland deceased father of your Oratrix the Lady Diana was in his life time seized in fee of the manor of Wanborough, Priory House of Guildford, Guildford Park with the appurtenances lying and being in the County of Surrey.  And he the said Earl being thereof so seized about five years since as well by several indentures of demise in writing as also by several leases poll and for an year to year demise grant and to farm let for several terms of years and for one year to year unto William LANE, Edward JONES, William Clifton, Edward EXALL, William SMITH respectively several parcels and quantities of  the said Park called Guildford Park and other lands and premises belonging to the Manor of Wanborough reserving by the said several and respective leases several yearly rents payable half yearly or at some other time or times unto the said Earl of DIRLETON his heirs executors and assigns at some certain place by the said leases expressed and agreed by virtue of which said several and respective leases the said several persons did respectively enter into the several [?] of land thereby demised unto too them and became thereof possessed and have severally enjoyed the same ever since making the leases aforesaid and your Orators further show that the said James MAXWELL Earl of DIRLETON being in Scotland about a year since died after whose death the Manor Priory House Lands and premises did descend and come unto your Oratrix the Lady Diana as daughter and heir of him the said Earl of DIRLETON by reason whereof all and singular // the said rents due and payable by the aforesaid several persons upon the said leases are due and ought to be paid unto your Orator and Oratrix the Lord CRANBOURNE in right // of his said wife as heir unto her said father the Earl of DIRLETON but now so it may it please your Lordship that the said William LANE, Edward JONES, William // CLIFTON, Edward EXOLL and Richard WALLIS having in their hand and unpaid rents due upon the said leases since the death of the said Earl of DIRLETON do absolutely refuse to pay the same unto your said orator the Lord CRANBOURNE in right of his said wife but by combination amongst [?] do endeavour to defraud him thereof they the said persons well knowing that your Orator and Oratrix cannot produce the counterparts of such of the said lease as and in writing now prove the said other parcel leases or agreements whereby to compel payment of the said several rents by the rules of the Common Law and they these said before named persons and receive of them do refuse to set forth and declare what and how much rent they and every of them respectively are by the said leases bound to pay or to pay the same accordingly. In tender consideration whereof and for that your Orator and Oratrix have not the counterparts of the said For the [?] of the said rents at the Common Law for that the said Earl of DIRLTON died in Scotland and they your Orator having as yet gotten into their hands or custody and writing belonging unto him by reason hereof they are absolutely without remedy at law or otherwise [?] only by a course of Equity in this honourable court to the end therefore that the said William LANE, Edward JONES, William CLIFTON, Richard WALLIS, Edward EXALL and every of them may  severally and respectively upon their and every of their corporal oaths so set forth and discover what lease or leases they or any of them have from the said Earl of DIRLETON and of what lands in particular and what rent or rents is reserved thereupon and what and how much rents reserved and in arrears by them or any of them upon the same and they and every of them respectively may by the order and decree of this Honourable Court be compelled do to pay the same unto your Orator and Oratrix according to equity and good conscience may it please your Lordship the premises considered to grant writs of subpoena to be direct unto the Said William LANE, Edward JONES, William CLIFTON, Richard WALLIS and Edward EXALL thereby commanding them [and every of them …?]

Plea of William SMITH and John RINGHAM

[Image 15.15.07]

[1651?] Robert AYLETT[3]

The plea of William SMITH and John RINGHAM two of the defendants to the Bill of Complaint of Charles Lord CRANBOURNE and the lady Dianna his wife Complainants

[The said defendants by] protestation not acknowledging or confessing any the matters or things in the Bill of // Complaint […] [contained to be true?] for plea thereto say that the scope of the plaintiff’s Bill being to [?] these // defendants a discovery of their several leases terms and interests which they have in the lands in // [the?] Bill mentioned  from James Earl of DIRLETON in the Bill named upon supposition that the same lands // descended to the said Complainant the Lady Diana after the death of the said Earl as his daughter and heir and that the // rents thereof belong to the Complainants that by [pretended?] title these defendants are advised that they ought // Not to make any answer thereunto because these defendants say that the said James Earl of DIRLETON // being seized in his demeasure as of fee of the liberty and [?] in the Bill mentioned by an indenture // of bargain and sale duly enrolled in this Honourable Court bearing date four and twentieth day of // May one thousand six hundred and forty and nine [1649] for a valuable consideration of money therein mentioned //  To be to the said Earl in hand pay by Heneage FINCH, John PRESTWOOD, in grant of Henry PRATT // citizen and Haberdasher of London did bargain and sell the Priory House of Guildford, Guildford Park // and all other the Premises in Guildford parcel of the premises in the Bill mentioned to the said Heneage //  FINCH, John PRESTWOOD and Henry PRATT and [or their heirs?] therein to the use of the said Heneage FINCH, John //  PRESTWOOD and Henry PRATT or their heirs therein they are as these defendants are advised // entitled to the premises and these defendants are liable to pay their rents to them as they are [?] //  Advised. And the said James Earl of DIRLETON [?] the indenture of bargain or [sale?] //  Duly enrolled in this Honourable Court bearing date the seventh day of May one thousand six hundred and // Forty-nine [1649] in consideration of a sum of money therein mentioned to be paid unto [?] did // The said William WESTON and his heirs, the Manor of Wanborough and all and singular the premises in the Bill mentioned // Whereby the said William WESTON is lawfully entitled to the same and […] // are advised destroyed and taken [away?] for which cause these defendants deny in law // and humbly demanding the judgement of this Honourable Court which they shall be compelled to make // a further answer to the said Bill of Complaint and humbly pray to be from hence // dismissed with their reasonable costs and chares by the them in this behalf most wrongfully // sustained//

[End of document]

Plea of William LANE, Edward JONES, William CLIFTON, Richard WALLIS

[Image 15.17.01]

The said defendants by protestation not acknowledging or confessing any the matters or things in the Bill of Complaint contained and hereby pleaded // unto to be taken true for plea unto so much thereof as doth concern the Priory House of Guildford, Guildford Park // and lands in Guildford therein mentioned// say that the scope of the said Complainants’ Bill being to [?] these defendants to a discovery of their several leases terms and interests respectively have in the // lands in Guildford in the Bill mentioned from James Earl of DIRLETON therein named and upon supposition that the same lands descended to the said Complainant the Lady Diana after the death of the said Earl as his daughter and heir and that the rents thereof belong to the Complainants that by [pretended?] // title these defendants are advised that they ought not to make any answer thereunto because they these defendants say that the said James Earl of // DIRLETON being seized in his demeasure as of fee of the Priory House of Guildford, Guildford Park // and other lands in Guildford in the Bill // mentioned demised to these defendants respectively by his  indenture of bargain and sale duly enrolled in this Honourable Court bearing date the four // and twentieth day of // May one thousand six hundred and forty and nine [1649] for a valuable consideration of money therein // mentioned and acknowledged to be to him the said Earl in hand paid by Heneage FINCH, John PRESTWOOD in grant and Henry PRATT citizen and // Haberdasher of London did bargain and sell the other the Premises in Guildford parcel of the premises in the Bill mentioned to the said Heneage //  FINCH, John PRESTWOOD and Henry PRATT citizen // and Haberdasher of London did bargain and sell the Priory House, Guildford Park and all other the Premises in Guildford aforesaid demised to // these defendants unto the said Heneage FINCH, John PRESTWOOD and Henry PRATT and their heirs therein to the use of the said Heneage FINCH, John //  PRESTWOOD and Henry PRATT and their heirs forever by virtue thereof they said Heneage FINCH, John PRESTWOOD and Henry PRATT are entitled to the premises to them conveyed (as these defendants are advised) and these defendants are liable (as they are advised) to pay // their rents to them and their assigns which is the Countess of DIRLETON to whom the same are conveyed and to whom they do pay their // rents accordingly and thereby the pretended descent to the Complainant the Lady Diana and the complainant pretended title thereby is as these defendants are advised destroyed and taken away for which cause these defendants deny in law and demanding judgment of this Honourable Court whether they shall be compelled // to make any further answer or other answer to the part of the Complainant’s Bill which doth concern the Priory House, Guildford Park and all other the Premises in Guildford aforesaid //  and humbly pray to be from hence dismissed with their reasonable costs and chares by the them in this behalf most wrongfully sustained. And as to the part of the complainants Bill which // doth concern Manor of Wanborough in the Bill mentioned each of these defendants for himself saith denies and disclaims that the said Earl did ever by indenture or indentures lease or leases parcel or from year to year or otherwise demise grant or farm let the said Manor or any part or parcel thereof // or any lands belonging to the said manor or any other lands except before particularly pleaded as aforesaid unto these defendants or any or either of them and these defendants respectively disclaim to or any interest [land?] // or other estate in the last mentioned Manor and premises or any part thereof without that the any other  matter or thing in the said Bill of Complaint contained make all // or effectual in the Law to be answered unto and not in and hereby well and sufficiently answered unto confessed avoided traversed or denied and all which matters and things these defendants are ready to [?] and prove a this Honourable Court shall [?] and humbly pray to be from [?] // dismissed with their reasonable costs and chares by the them in this behalf // most wrongfully  sustained//

Taken the [?] day of August 1651 at Guildford in the County of Surrey R WATTS John MONGER[4]

[end of Document]

 

[1] John WESTBROOKE listed at Ash and Guildford St Nicholas on 1664 Hearth Tax

[2] Poynings MOUNGER listed in Godalming town 1664 Hearth Tax.

[3] Master of Court Chancery

[4] 1664 Surrey Hearth Tax lists a John MUNGER of Ash.

Posted in Clifton, Maxwell, National Archives Documents | Comments Off on C10/44/50

C9/5/42

Posted on August 21, 2016 by batemanm

National Archives document C9/5/42

Description:           Cranbourne v. Thackham and Parsons  Date: 1650

[Complete Transcript]

Contents

Bill CRANBOURNE V THACKHAM… 1

Answer of PARSON and THACKHAM to CRANBOURNE. 3

 

Bill CRANBOURNE V THACKHAM

 

Humbly complaining show unto your Lordship your daily Orator and Oratrix Charles Lord CRANBOURNE and the Lady Diana his wife that // [?] James MAXWELL Earl of DIRLETON in Scotland father of your Oratrix the Lady Diana was in his life time seized in fee amongst // other things of and in a certain parcel of land called by the name of the Downs containing my estimation two hundred acres // or thereabouts lying and being in the parish of St Nicholas in Guildford in the county of Surrey being parcel of Guildford Park lately // disparked and also of and in one other parcel of land containing by estimation twenty acres or thereabouts being one other parcel // of the said park lying and being towards the west side thereof. And he the said James MAXWELL Earl of Dirleton being thereof so // seized did about four years since by his Indenture of lease demise grant and to farm let one moiety of the said parcel of land // called the Downs unto Henry THACKHAM of Guildford in the said County of Surrey for the term of twenty years or for some other term // in the said Indenture mentioned reversion thereby the yearly rent of fifty pounds of lawful money of England payable at the // several feasts of [the annunciation?] of the virgin Mary and Michael the Archangel or within one and twenty days after either of the // said feast by equal portions as by the said indenture of lease of your Orator and Oratrix could produce the same would at large // [appear?]. And he the said James MAXWELL Earl of DIRLETON did also about the same time by one other indenture of lease demised // [?] and to farm let the aforesaid other parcel of ground containing twenty acres unto James PARSON of Guildford aforesaid for the // Term of twelve years or for some other term in the said last mentioned indenture expressed reserving by the said indenture of // Yearly rent of eleven pounds eight shillings payable at the foresaid several feasts of The Annunicaton of the Virgin Mary // And Michael the Archangel or within one and twenty days after by equal portions as by the said last mentioned indenture of // your Orator and Oratrix had the same to produce would appear. And said Orator and Oratrix further show that the said Henry THACKHAM and James // PARSON by virtue of the said several indentures of lease did severally and respectively enter into the said several parcels of land // thereby severally and respectively demised and became thereof possessed and have enjoyed the same accordingly. And // the said James MAXWELL Earl of DIRLETON about a year since being in Scotland then died in testate about the month of // May last after whose death letters of Administration of the goods and chattels of the said James MAXWELL Earl of DIRLETON were lawfully // granted unto the Oratrix the Lady Diana she being the only issue of the said Earl here in England which said letters of Administration [?] // your said Orator and Oratrix do produce and show forth in this Honorable Court by virtue of which all the rents due and payable by the said // Henry THACKHAM and James PARSON and either of them upon the said several indentures before the death of the said Earl of DIRLETON do as // right belongs and ought to be paid by [Henry?] unto your Orator in right of your Oratrix his wife as Adminstratrix of the goods // and Chattels of him the said Earl of DIRLETON [..] since his death heir unto him the said Earl her father. But now so it is may it // Please your Lordships that the said Henry THACKHAM and James PARSONS having in their hands and unpaid the several rents due // upon the said several indentures at the feat of the Annunciation of the Virgin Mary last past and diverse other rents due unto // Your Orator and Oratrix upon the said indenture of lease [?] before the death of the said Earl of DIRLETON as since do // Absolutely refuse to pay the same but by combination betwist themselves do endeavour to defeat your Orator and Oratrix // Thereof they the said Henry THACKHAM and James PARSON well knowing that your Orator and Oratrix cannot produce // The counterparts of the said leases whereby to compel payment of the said several rents by the rules of the // Common laws of this land. In tender consideration whereof and for that your Orator and Oratrix have not the // [counter?] of the said leases now can come by the same in respect of the said Earl of DIRLETON dying in Scotland or for // that the said Henry THACKHAM and James PARSON have by [?] sinister means gotten them into their or one of their // hands or custody or into the hands and custody of some other by their privity and appointment by reason whereof //  Your Orator and Oratrix are absolutely without remedy at law or otherwise for the said rents [?] only by a // Course of Equity in this Honourable Court. To the end therefore that he said Henry THACKHAM and James PARSON and // either of them may upon their several corporal oaths answer all the said remises and set forth [?] is in // appear and unpaid by them or either of them upon the said several indentures of lease and that they and either of them may // by the order and decree of this Honourable Court be compelled to pay the sum unto your Orator and Oratrix according // to justice equity and good conscience may it please your Lordships to grant unto your said Orator and Oratrix [?] // of subpoena to be directed to them the said Henry THACKHAM and James PARSON commanding them and either of them at a certain // Chancery then and there to answer the premises and further to stand and abide such further order and [?] therein // As to your good Lordship shall seem meet. And your Orator and Oratrix shall dayly prayer. //

Burrough.

G W JOHNSTONE

Answer of PARSON and THACKHAM to CRANBOURNE

The joint and several answers of James PARSON and Henry THACKHAM Defendants to the Bill of Complaint of Charles Lord CRANBOURE and the Lady Diana his wife Complainant

15th November 1650 Rob AYLETT

The said defendants saving unto themselves now and at all times hereafter all advantage of exception to the uncertainties and insufficiencies of the said Bill of Complaint for answer thereunto they jointly and severally answer// say as follows. And first they both say they believe it to be true that the said James MAXWELL Earl of DIRLETON in Scotland was in his life time seized in the fee amongst other things of and in the several // parcels of lands in the Bill mentioned being of such content by estimation as in the said is expressed being parcel of Guildford Park lately disparked as in the Bill mentioned and being seized the // said Henry THACKHAM further severally answering for himself confesses the said James MAXWELL Earl of DIRLETON did by indenture bearing date the twentieth day of March in the three // and twentieth year of the reign of the late King Charles by the of James MAXWELL Esquire one of the Grooms of His Majesty’s bedchamber demise to him this Defendant all those lands and grounds // with appurtenances containing by estimation four score acres be they more or less then in the occupation of him this defendant or his assigns lying and being in the parish of St. Nicholas in Guildford in // In the said County of Surrey parcel of lands and grounds in the said Bill mentioned called Downes in Guildford Park as the same were then divided and [?] from the residue  of the said // lands called Downes and the moiety or one half of the herbage and pasturage of all plot or parcel of ground called Henley Grove adjoining to the lands called the Course and lying open to// the said grounds called the Downes. And the moiety of the Great Barn at the messuage called the Lodge in Guildford Park and Liberty on ingress egress and regress to and from the said lands to the // said Barn and from the said Barn to the said ground (except the trees and liberty of ingress [?] and regress in the usual ways and passage over the said grounds // Hunting. To have and to hold to him this Defendant his executors administrators and assigns from the feast of St Michael the archangel last past before the date thereof for during and until the full end and term // of ten years under and for the yearly rent of fifty pounds payable at our Lady Day and Michaelmas by even portions as by the same indenture of lease remaining in this defendants custody and where to // for more certainty thereof this defendant refers himself it doth and may more at large appear by virtue of which of which lease so as aforesaid made this defendant confesses he entered into the said lands or // premises and hath ever since enjoyed the same and did from time to time pay the said rent due before the feast of the Annunciation of our Lady last past when this defendant being informed that the said // James MAXELL Earl of DIRLETON was deceased and the wife and relict of the said Earl claiming by making title to the said rent due at Our Lady Day last as executrix  of the last will of the // Said James MAXWELL Earl of DIRLETON or by some other title and this defendant being informed and understand that the said James MAXWELL Earl of DIRLETON hath another daughter // who claimed a moiety of the sad lands rent and premises as coheirs with the said Complainant the Lady Diana and he this defendant having likewise heard that the said Earl in his life [settled?] // the premises by conveyance upon some grandchild or grandchildren and that the [same?] is not descended to the Complainant the Lady Diana this Defendant confesses for those causes not being satisfied // That the said rent doth of the right belong to the Complainants in right of the said Lady Diana did not pay the said half years rent due at Our Lady Day last being [?] pounds // and there is likewise due for half years rent of the premises ended at Michaelmas last […] which this defendant will be ready to pay to whom of right it shall belong and as this // Court shall order and direct being thereof lawfully discharged by order of this Court and being allowed rent monies paid by him this defendant as rent to the common wealth with which the // Said Park were charged and for messengers charges and fees at several times Eleven pounds and ten shillings being for the last years and for part of the taxes for the last year // One and twenty shillings and such charges and expenses as he this defendant shall be necessarily put unto in this most honourable Court which this defendant hopes this Court will think reasonable this // Defendant Henry THACKHAM for further answer doth deny that there is any more or other rent due or unpaid by him this defendant for the premises but only for the said two last half // years being in all fifty pounds where out this defendant prayeth allowance of the monies so as aforesaid paid and which he shall […] and to be put unto in this suit // And this defendant James PARSON further severally answering by and for himself saith and confesses that the said James MAXWELL Earl of DIRLETON did by indenture bearing date // the twentieth day of November AD One thousand six hundred and forty-six [1646] in the two and twentieth year of the reign of the late king Charles  by the name // of James MAXWELL Esquire one of the Grooms of His Majesties Bedchamber demise to him this defendant three closes or parcels of land and pasture with the appurtenances containing by // estimation nineteen acres (be they more or less then or late before in the [?] or occupation of the said James PARSON or his assigns parcel of Guildford Park in the // said County of Surrey and did also grant liberty way and passage to the said lands excepting liberty of ingress egress and regress in the usual way upon or adjoining to the // said lands and the royalties of Hawking and hunting. To have and to hold to him this defendant James PARSON his executors and assigns from the feast of St Michael the Archangel last // past before the date thereof for during and until the full [?] and term of eleven years from thence next ensuing and fully to be completed and ended under and for the yearly // rent of Eleven pounds and eight shillings at our Lady Day and Michaelmas by even portions yearly to be paid by the aid Indenture remaining in this defendant’s custody and whereto // for more certainty thereof this defendant refers himself it doth and may at large appear by virtue of which lease so as aforesaid made this defendant confesses he entered // into the said lands and premises so to him demised and hath evert since enjoyed the same and did from time to time pay the said rent did before the feast of the Annunciation of the Virgin last past // when this defendant being informed that the said James MAXWELL Earl of DIRLETON was deceased and the and relict of the said Earl claiming or making title to the said rent due at our // Lady Day last as executrix of the last Will of the said James MAXWELL Earl of DIRLETON or by some other title and this defendant being informed and understanding that the said James MAXWELL // Earl of DIRLETON hath another daughter who claimed a moiety of the said rent and premises as coheir with the complainant the Lady Diana. And this defendant having likewise heard that // the said Earl in his life time [?] the premises by conveyance upon some grandchild or grandchildren. And that the same is not descended to the Complainant the Lady Diana he this // Defendant confesses for those causes not being satisfied that the said rent doth of right belong to the complainants in right of the said Lady Diana did not pay the said half year rent // due at Our Lady Day last nor the last years rent due at Michaelmas last being in all Eleven Pounds eight shillings which he this Defendant will be ready to pay to whom of right it shall // belong and as this Court shall order and direct being thereof lawfully discharged by order of this Court and being allowed certain monies paid by this defendant to the Commonwealth // for rent due for the Priory of Guildford [?] the possessions and ands late the said James MAXWELL Earl of DIRLETON in or near Guildford aforesaid and for messengers // charges and fees at several times three pounds and [?] shillings being paid this last year by this defendant the messenger being sent to this defendant as he believes by the // Complainants or some of their agents and for taxes for the [?] to the [state?] for the said lands thirty shillings and a penny and such charges and expenses as he this defendant // Shall necessarily put unto in this most Honourable Court [?] hopes this Court will think reasonable. This defendant James PARSON further severally answering // For himself doth deny that there is any more or other rent due or [?] in this defendant for the said lands to him demised but only for the said two last half // Years being in all Eleven pounds eight shillings where out this defendant prayeth [?] monies so as aforesaid paid and which he shall necessarily expended and be [put?]  // In this suit. And both these defendants further severally answering by and for themselves say that [?]James MAXWELL did not demise to either of them any other lands // [?] herein before by way of answer severally confess it to them severally demised in manner [?] Aforesaid. These defendants for further answer severally say did not that the // Said James MAXWELL Earl of DIRLETON died intestate about the time in the Bill set forth or at any other time but [?] herd and believe that the said Earl did make his // Last Will and Testament in writing and thereof nominated and appointed the Lady his relict executrix who [?] to proved [?] these defendants are advised the Letters of Administration // Granted to the plaintiffs the Lady Diana are void neither do these defendants know that letters of administration of the goods and chattels of the said James MAXWELL Earl of DIRLETON were granted // to the complainant the Lady Diana but in case letter of Administration were granted yet in case there were a Will made by the said James MAXWELL Earl of DIRLETON and an executor // Therein named these defendants pray the Judgement of this most honourable Court whether the rent growing due in the life time of the said James MAXWELL […] // To be paid to such executor. And these defendants further severally answering either by and for [?] [?] do deny that they have gotten into their or either of their hands // or into the hands of any other by their privity or appointment the counterpart of the said indenture [?] [?] either of them. And they severally answering either for // himself do deny all the combination charged by the said Bill against them these defendants without that that [?] [?] or things material or effectual in the // Law whatsoever for them these defendants to make answer unto and not herein and hereby sufficiently answered unto confessed and avoided [?] or denied is true to the knowledge // of they these defendants all which matters and things these defendants are ready to [?] and prove as this most honourable court [?] award and therefore humbly pray to be // dismissed out of the same with their reasonable costs and charges in this behalf most wrongfully suffered.//

[End]

 

 

 

 

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C10/44/65

Posted on August 15, 2016 by batemanm

National Archives File C10-44-65

The several answer of John PRESTWOOD of London Merchant unto Right Honourable Elizabeth Countess of DIRLETON

[Surrey History centre hold a draft of this document under reference 7230/1/1 ]

18th November [1651?]

The said defendant saving to himself now and at all times hereafter all advantage of Exception to the many uncertainties and imperfections of the said complainants Bill of Complaint for answer then [?] of so much as he [concerneth?] // is material for him this defendant to make answer unto saith that true it is that the said James MAXWELL Earl of DIRLETON in the Bill mentioned did in his life time by his deed indented bearing date the four and twentieth day of // May in the year of Our Lord God according to the Computation of the Church of England One Thousand six hundred forty nine and enrolled in this honourable court bargain and sell [?] and confirm unto the said Heneage FINCH and // Henry PRATT in the Bill mentioned and him this defendant their heirs and assigns All that Capital Messuage called the Friary and the houses barns and buildings [courts?] yards gardens orchards […] // and their appurtenances thereto belonging situate lying and being at or near Guildford in the County of Surrey heretofore in the tenure or occupation of the Right Honourable James Earle of  ANNANDALE or of his assigns and then in the tenure or // Occupation of the said James Earl of DIRLETON or of his assigns. And also all those closes and parcels of land meadow and pasture with their appurtenances called or know by the name or names of the Lees lying and being in the parish of Stoke // Near Guildford aforesaid in the several tenures or occupations of several under tenants and also all that that Park called or known by the name of Guildford Park and all those messuages farms lands and [?] grounds lately diss? And before that // parcel of the said park called Guildford Park or so of late heretofore reputed to be called the said park and lands containing in the whole by estimation one thousand and five hundred acres and all situate lying and being //  In or near the parishes of St Nicholas in Guildford Compton Worplesdon or some or one of them in the said of Surrey and all Messuages Houses barns lodges buildings lands meadows pastures [?] commons ways // Easement profits commodities hereditaments and appurtenances to the said Capital Messuage Park farms and lands before mentioned and to every any or either of them belonging incident or appertaining or now or heretofore accepted // [?] taken known leases uses occupied or enjoyed as part parcel member or belonging of or to the same. And the reversion or revisions remainder and remainders rents and yearly and other profits whatsoever of all // And singular the premises and of every part and parcel thereof of. And also all the estate right title interest use possession inheritance claim and demand whatsoever of him the said James Earl of DIRLETON of in to and out of the said Capital // Messuage park farm lands and premises and of in and out of every part and parcel thereof and all deeds and evidences [?] and writings touching or concerning the premises only or only any part or parcel thereof. To have // And to hold these Capital messuages park farms lands tenements hereditaments and all and singular other the premises before mentioned or intended to be hereby granted bargained sold enrolled and confirmed and every part and // Parcel thereof with their and every of their appurtenances unto the said Heneage FINCH this defendant and Henry PRATT their heirs and assigns as by the said indenture bargain and sale [relation] being thereunto had more at // large it doth and may appear. Together with which said recited indenture of bargain and sale one other indenture of the same date and between the same parties reciting the said indenture of bargain and sale or the most // part thereof was likewise sealed and delivered at the same time by the same James MAXWELL Earl of DIRLETON where in there was and is contained a certain [?] or condition in these words following provided // Always and upon this condition nevertheless that if the said James MAXWELL Earl of DIRLETON his heirs executors administrators or assigns or any of them do well and truly pay or cause to be paid unto the said Heneage FINCH // John PRESTWOOD and Henry PRATT their executors administrators or assigns at or in the now dwelling house of Robert ABBOTT Scrivener situate in Cornhill London the full sum of twenty and five hundred pounds of lawful // Money of England on the thirtieth day of November next ensuing the date of these presents that’s then and from thence forth the said recited indenture of bargain and sale and enrolment thereof and the grant bargain and sale thereby // made of the said Capital Messuage Park farms lands tenements hereditaments and premises and every covenant grant matter and thing in the said recited indenture and in these presents or either of them contained on the part and behalf of the // James Earl of DIRLETON his heirs executors and administrators covenanted and to be performed shall cease determine and be [?] void and of none effect to all intents and purposes in the said recited indenture of bargain and sale and these presents or anything in // them or either of them contained to the contrary thereof any wise notwithstanding as by the said other indenture ready to be shown forth to this honourable court more at large it doth and may appear. And this defendant verily believes that neither the // Heneage FINCH or Henry PRATT were present at the [?] of the said deed of bargain and sale or of the said other indenture or sealed any counterpart of them or either of them but he this defendant did seal and deliver the counterpart thereof [?] [?] // This defendant further saith and acknowledge that the said five and twenty hundred pounds mentioned in the said deed of bargain and sale as the consideration thereof was not lent by him this defendant unto the said James MAXWELL Earl of // DIRLETON now as this defendant verily believes did the said Heneage FINCH and Henry PRATT or either of them lend the sum of five and twenty hundred pounds unto the said Earl of Dirleton or any part thereof but this defendant saith // that although he paid the sum of Five and twenty hundred pounds unto one Robert ABBOTT of London to and for the use of the said James Lord MAXWELL Earl of DIRLETON nevertheless the said sum of five and twenty hundred // Pounds was the [?] monies of the said James MAXWELL Earl of DIRLETON and was by him formerly delivered unto him this defendant to the to the intent and purpose that unless the said Earl of DIRLETON should [..] of him this defendant // the said sum of five and twenty pounds upon a true and real loan that then they late and inheritance of and in the said lands so bargained and sold as aforesaid should remain continue and be in the said Heneage FINCH Henry PRATT him // Defendant and their heirs in trust for the said James MAXWELL Earl of DIRLETON and such persons and persons to whom the said Earl should [?] . And since the said Heneage FINCH and Henry PRATT have (as this defendant is informed) disclaimed as to have […] any estate use or trust // in the premises the sole inheritance thereof as this defendant conceives and by his counsel is informed [?] remains in him this defendant to and under the trust aforesaid. And this defendant further saith that the said James MAXWELL Earl of DIRLETON is not at any time // [?] sealing of the said conveyance receive or borrow of him this defendant the said sum of five and twenty hundred pounds or any part thereof. And this defendant doth likewise verily believe that ever after the making of the said Conveyance the said James MAXWELL Earl of //DIRLETON did continue possession of the premises and took the rents issues and profits thereof during his life. And this defendant further saith that since the decease of the said James MAXWELL Earl of DIRLETON he this defendant hath seen a writing bearing // [date?] the four and twenty day of April One thousand six hundred and fifty [1650] and containing these words following To these presents shall come greeting whereas I James Earl of // DIRLETON have long since settled estate my // most loving and dear wife ELIZABETH in all those my lands of Innerwick and those of Dirleton lying within the kingdom of Scotland. Now know yee that I James Earl of DIRLETON aforesaid [?] and considering that much of the rent the said lands // may happen to be diminished by reason of the extraordinary impositions and taxes (the necessary issue of those troubles and distress with daily threaten and [?] this kingdom) with [God?] of his infinite mercy direct) and well remembering her continued // Constant love and affection to ne me have for her better support and comfort in their [?] and for many other good causes [?] there unto [?] given and granted as an addition of livelihood to my said dear wife over and above the rents and profits arising out // of the lands of Innerwick and [?] of Dirleton. All those my lands tenements and hereditaments [?] called and known by the names of the manor of Wanborough, Priory House of Guildford, and Guildford Park with [?] lying and being in the // County of Surrey within the kingdom of England. To have to hold and enjoy the said Manor, priory, Park and appurtenances during the whole term of him of her natural life her and his assigns without any manner of trouble let molestation or interruption whatsoever // [in?] [witness] whereof I have hereunto set my hand and seal this four and twentieth day of April in the year of our Lord God One thousand six hundred and fifty [1650] // And this defendant verily believes that the said declaration was under the hand and seal of the said // James MAXWELL Earl of DIRLETON and this defendant is the rather induced so to believe because the said declaration as to the estate therein limited to the said Elizabeth Countess of DIRLETON during her life is most agreeable with and directly according to those expressions which the said // Earl of DIRLETON in his life as this defendant hath heard by the relation of Mr Elias HARVEY and Mr Thomas WOODFORD did by word of mouth deliver them not long before the departure of him the said Earl into Scotland and thereupon he this defendant being informed by // his counsel learned in the laws of this land that if the said deed writing or declaration be true that the said James MAXWELL Earl of DIRLETON hath thereby sufficiently declared his intention and appointment that she the said Elizabeth Countess of DIRLETON should have an estate for life // in premises and that she will be able by the means of this Honourable Court to compel him this defendant to convey and execute such an estate therein unto her he this defendant [… the same to [?] for certain [?] ….] ready and willing (as this Honourable Court shall order) to convey further unto your Complainant for her life the // said lands tenements and premises according to the trust in him reposed he this defendant […] And this defendant further saith that he verily believes it to be true that the said James // MAXWELL Earl of DIRLETON did make the conveyance of the manor Rectory and farm of Wanborough and the Manor of Redlands in the Bill mentioned unto the said William WESTON and that the sum of five and twenty hundred pounds as the consideration thereof was really // [A?] bond [paid?] by the said William WESTON or some other for him unto the said Earl of DIRLETON or to some other person appointed by the said Earl to receive the same to and for the use of him the said Earl of DIRLETON. And this defendant verily believes // that the [?] conveyance was [?] a mortgage for the security of five and twenty hundred pounds truly lent and not for or under any [?] trust or confidence without that any other matter or thing in the said Bill alleged material for him // this defendant to make any answer unto and not herein and hereby sufficiently answered unto confessed and avoided transed or denied is true. All which matters and things the said defendant is ready to [answer?] and make good as this Honourable Court shall award and humbly pray to be hence // dismissed with his reasonable costs and charges in this behalf wrongfully sustained. //

Ri NOWDGATH

[Answers Hil[ary] 1650]

Posted in Annadale, Finch, Maxwell, National Archives Documents, Pratt, Prestwood, Weston | Comments Off on C10/44/65

C54/2145

Posted on July 12, 2016 by batemanm

National Archives File C54/2145

[Partial Transcript]

[Image 12.17.17]

Et memorand …

This indenture tripartite under the [?] day of October in the [?] of the reign of our sovereign Lord James by the grace of God of England, France and Ireland the tenth and of Scotland the six and fortieth King defender of the faith and between the right Honourable Anthony Lord Viscount MONTAGUE on the first party, Sir Francis ENGLEFIED Wootton Bassett in the county of Wiltshire Baronet and Robert DORNEY of [?] in the county of [?] Knight and by John DORNEY of [?] in the county of [?] Knight  of the second party and John MURRAY esquire one His Majesties bedchamber and keeper of His Majesties privy purse of the  third party.

Witnesses that King Henry the eighth of [?] Memory late King of England by his highnesses letters patent under great seal of England bearing the date [?] day of July in the eight and twentieth year [1537] of his reign did give and grant unto William FITZWILLIAM of the noble order of the garter knight treasurer of His Majesty’s household amongst others all that his manor of [Wanborough?] in the County of Surrey with all the lands tenements hereditaments and other things thereunto belonging to have and to hold the said manor lands and premises and other there unto belonging unto the said William FITZWILLIAM His heirs and assigns for ever as by the said Letter Patent more at large appears. And [?] the [?] William FITZWILLIAM by the name of William FITZWILLIAM of the noble order of the Garter Knight being then Earl of Southton and High Admiralty of England by his deed of [feoment?] indented bearing the date the first day of July in the thirtieth year [1539?] of the reign of the [?] late King amongst other things did give and grant unto William FITZWILLIAM gent the said manor of Wanborough with the lands and premises and other things unto the Said manor belonging to have and to hold the said manor lands premises unto the said William FITZWILLIAM Gent his heirs and assigns forever to the use and behoof of him the aforesaid Earl and of Lady [?] his wife and to the heirs of the body of the said Earl lawfully begotten and for [?] of such issue to the use and behoof of Sir Anthony BROWNE knight brother of the said Earl and his heirs [?] of his body lawfully begotten with [?] [?] [?] as the said deed more at large also doth and unto appear. All which // premises did lawfully after the death and for want of issue of the said Earl come unto the said Sir Anthony // BROWNE knight afterwards Lord Viscount MONTAGUE deceased son and heir of he said Sir Anthony BROWNE knight // brother of the said Earl. And whereas the said Lord Viscount MONTAGUE in his life time did by his deed dated the // twentieth day of January in the four and thirtieth year [1592] of our late sovereign Queen Elizabeth // of [famous] memory and by other good and sufficient indenture and assurance in [law?] convey and assure the said // manor of Wanborough and other the premises unto the said right honourable Anthony Lord Viscount MONTAGUE // party to their [?] in fee title with [?] remainders [?] as by the said last sealed deed appears. And whereas // the said Anthony now Lord Viscount MONTAGUE  by his deed indenture bearing the date the second day of July in the // ninth year [1612?] of the King majesty’s reign that now is of England and Scotland the four and fortieth for the // consideration therein expressed did grant bargain settle convey and assure he said manor of Wanborough with the // lands and other things thereunto belonging and all his right title [?] claim and [?] of in and to the same // unto the said Sir Francis ENGLEFIELD baronet by the name of Francis ENGLEFIELD of Stratfielsley in the County of // [Berks?] Esquire and to the said Robert DORNEY and Sir John DORNEY knights and to their heirs forever as in and by // the said last cited Indenture more plainly appears to have to hold the said manor and premises unto them  // the said Sir Francis ENGLEFIELD, Sir Robert DORNEY and Sir John DORNEY their heirs and assigns forever and did also // at the [?] of St Michael then next following the date of the same deed suffer one [?] [?] of the said manor of Wanborough and premises together with the rectory of Wanborough amongst other things as // southee according to the use of [?] [?] which [?] [W?] to the only uses of the said Sir Francis // ENGLEFIELD, Sir Robert DORNEY and Sir John DORNEY their heirs and assigns as the said deed and [?] // more at large also appears. [?] this indenture further witnesses that the said Sir Francis ENGLEFIELD, Sir // Robert DORNEY and Sir John DORNEY for and in consideration of the sum of four thousand pounds of [?] English money paid by or upon the request of the said right honourable Viscount Montague by the said John MURRAY one His Majesties bed chamber and keeper of his majesty’s privy purse for the full discharge // and satisfaction of one bond of [blank] entered unto by the said Lord Viscount Montague unto his [?] for the payment of four thousand pounds and for and in consideration of the sum of two thousand two // hundred pounds of like [?] English money by the said John MURRAY at and by the appointment and direction // of the said noble Lord Viscount Montague and in discharge of the debts of the Lord Viscount to the hands of [?] James also paid and of the sum of two hundred pounds of like [?] English money to them the said // Sir Francis ENGLEFIELD, Sir Robert DORNEY and Sir John DORNEY in [?] paid by the said John MURRAY before the // Ensealing and delivery of their [?] of which said some of two hundred pounds they the said Sir Francis // ENGLEFIELD, Esquire Robert DORNEY and Sir John DORNEY confess themselves settled and fully satisfied and paid and do // thereof and of every part and parcel thereof freely acquit [?] and discharge the said John MURRAY his heirs // Executors and administrators and every of them by their [?] […] bargained sold and consigned // and by their [?] so then grant bargain set and confirm unto the said John MURRAY his heirs and // Assigns forever all that the said manor of Wanborough with the rectory of the church of Wanborough and all and every // their rights members and appurtenances situate and being in the County of Surrey. And also all and singular houses edifaces buildings, [?] stables barns yards orchards gardens backsides lands tenements meadows [?] pastures commons//, common of pasture [?] Waste ground, woods under woods [?] [?] [?] rents [? [?] court // Profits of court leets, [?] of frank pledge fees [?] [?] of them […] // privileges tithes [?] portions obligations offerings and all other profits commodities and hereditaments [?] to // the said manor and rectory lands and tenements and other the before bargained premises belonging or in any [?] // appertaining or therewith used occupied and enjoyed as part parcel or member of them or accepted reputed deemed // or taken as part parcel or member of them and every of them appertaining // Situate lying and being within the [?] lordships parish or [?] of Wanborough Worplesdon, Flexworth, Puttenham, Pepper Harrow, Elstead and Witley in the said county of Surrey. And the [p?] and [?] remainder // And [?] of all and singular the before bargained premises together with all deeds charts [?] //

[end of page 12.17.17]

[Image 12.25.21

Court rolls [terrierts?] ]?] writings and [?] whatsoever conveying only the before bargained premises or only// conveying any of them and the true copies of all other deeds charters evidenced and writings conveying the before // bargained premises or any part of parcel of them [jointly?] with any other grounds lands tents or hereditaments // the same to be written and copied out at the cost and charge of the said John MURRAY his heirs and assigns // to have and to hold the said manor rectory lands tents and hereditaments with and and singular other the premises// [?] they and every of appurtenances before by these [?] bargained and sold or herein or hereby mentioned // and intended to be bargained and sold to the said John MURRAY his heirs and assigns   to the sole only and // [?] use and behoof of the said John MURRAY his heirs and assigns for ever. And the said Sir Francis // ENGLEFIELD for himself his heirs executors and administrators and for every of them doth wherein [?] and // grant to and with the said John MURRAY his heirs executors administrators and to and with every of // them by this [?] that he the said Sir Francis ENGLEFIELD for and notwithstanding any act or thing by him // the said Sir Francis // ENGLEFIELD done or at any time hereafter until such time as the [?] of inheritance or // freehold of and in the before bargained premises should be held under duly executed to the said John MURRAY // and his heirs according to the true intent and meaning of this [?] to be done to the contrary at the // time of the settling and delivery of this [?] and until such time as aforesaid shall be [?] and [?] // lawfully and rightfully seized of a perfect and rightful title of inheritance in fee simple of and in the said //manor rectory lands tents and hereditaments and all and singular other the premises with their and every of their //appurtenances before by this [?] bargained and sold or herein or hereby mentioned and intended to be bargained // and sold and of and in every part and parcel of them without any nature of condition or limitation of use // or uses to alter change charge encumber or discontinue the same. And that the said Sir Francis ENGLEFIELD for this // notwithstanding any act or thing by him the said Sir Francis ENGLEFIELD done to the contrary as aforesaid which // and shall have good rightful power and lawful authority to grant bargain and sell the said manor rectory lands tents and hereditaments and other the premises before [?] mentioned or intended to be by this [?] // bargained and sold unto the said John MURRAY his heirs and assigns for every according to the [?] true intent // and meaning  of this [?]. and the said Sir Francis ENGLEFIELD for himself his heirs executors and administrators // doth [?] pays and grant to and with the said John MURRAY his heirs executors and administrators and to and with every of them by this [?] that the said John MURRAY his heirs and assigns and every of them at all times and from time to time henceforth forever shall or lawfully and peacefully and quietly have hold use occupy possess and enjoy the said manor rectory lands tents and hereditaments with all and singular other // the premises before by this [?] bargained and sold or herein or hereby intended meant or mentioned to be // bargained and sold without any lawful let trouble suit [?] denyeth disturbance encumbrance or interruption of // him the said Sir Francis ENGLEFIELD his heirs or assigns or any of them or any other person or person lawfully // claiming or which shall or may lawfully claim the said manor rectory lands tents and hereditaments or any other the before bargained premises or any part or parcel of them by from or under him his heirs or assigns or // any of them except the [?] and their assigns hereafter excepted and [?] and absolutely [?] acquitted // and discharged or other ways upon reasonable request set and sufficiently [?] and kept [?] and [?] // articles [?] recognisance judgement executions statues [?] and of the [?] mortgage rents arrears of // rents and [?] and of and from all other things titled and encumbrances whatsoever had made committed or done //  Hereafter until such execution of [?] as aforesaid to be [?] [?] committed or done or [?] or willingly // [?] except before excepted by him the said Sir Francis ENGLEFIELD his heirs or assigns or by any other person // Or persons lawfully claiming or which shall or may lawfully claim by from or under him except due bargain // and sale to [?] James of the said manor of Wanborough for four score years from the first day of December // 1612 by indenture dated the seven and twentieth day of [November?] 1611. And also except one lease under by the // Said Sir Francis ENGLEFIELD by Robert DORNEY and Sir John DORNEY of certain land and woodland grounds parcel of the // said Manor of Wanborough by indenture dated the fifth day February one thousand six hundred and eleven [1611] // to have and to hold to Richard AMYE of Wanborough aforesaid as in and by the said indenture more plainly // appears. And also excepting one other lease dated the four and twentieth day of February in the fourth year [1607] of the // reign of our said sovereign Lord the King Majesty that now is whereby the [?] Lord Viscount MONTAGUE // Party to this [?] demise and to farm let to the Honourable Julius CESAR Knight now Chancellor // Of His Majesty’s High Court of Exchequer and one of His Majesty’s Privy Council [?] [?] // Or copy ground parcel of Wanborough Wood known by the name of the New Coppice of Wanborough containing // By estimation two hundred acres now or late in the tenure of or occupation of the said Richard AMYE or his assigns // As in and by the said indenture more at large appearing.

Also excepting one other lease dated the second of // October in the fifth year [1608] of the reign of said Sovereign Lord the King Majesty that now is [wherein?] the said // Anthony Lord Viscount Montague [party?] to this [?] hath denied and to [?] letten unto the said Richard AMYE // At the Wood and under wood which or [?] grow stand or be in that coppice called Monkgrove containing by // Estimation fourteen acres.

And also that coppice of Woody ground called Horslingham Grove and Cowland containing by // Estimation fourteen acres together with all the Woods situate lying and being in Wanborough except as in the said // Indenture is excepted and for such term of years therein to come as in and by the said last recited indenture more // plainly and at large appears. And also excepting one other lease dated the thirtieth day of February in the five and // fortieth year [1603] of the reign of the late Queen Elizabeth deceased wherein the said Anthony Lord Viscount MONTAGUE // party to this [?] demised and farm let unto the said Richard AMYE all the [?] [?] and farm of // The said manor of Wanborough in the said of Surrey with all houses barns stables gardens orchards and // Buildings unto the same belonging. And all the demesne lands meadows pastures feedings and commons with their appurtenances // There upon late built together with all manner the tithes and tenths of corn and grain and other tithes whatsoever // Issuing growing and [?] of the demesne lands aforesaid together with the yearly profits of a fair there particularly // Kept on the feast day of St Bartholomew the apostle yearly. And also the herbage and [?] of all those woodlands// And woody grounds set with great oaks and other woodland parcel of Wanborough Wood adjoining to the Great // Coppice of Wanborough on the West containing by estimation three score acres.

And all that cottage and lands with // the appurtenances called the [gyle oske?] except as in the indenture is excepted and for such term of years therein to // come as in the said last recited indenture is mentioned.

And also excepting one other lease dated the sixth day of // March in the said twentieth year [1578] of the reign of the said late Queen deceased Wherein Anthony // Lord Viscount MONTAGUE grandfather to the said Anthony Lord Viscount MONTAGUE [party?] to [?] did demise // [grant?] and to farm let to Thomas WINSTON [?] to the said Lord Viscount Montague the grandfather and // to Jane his Wife all that the tent or house newly built by him the said Thomas and all that tent called Costens with all houses barns stables and other [?] and buildings on the same and all outhouses gardens lands meadows // pastures feedings commons woods underwoods with all and singular the appurtenances to the same belonging.

And all those lands meadows pastures and [?] [?] [?] containing by estimation ten acres and one piece of land called // Fuiesbuyy containing by estimation one rood of land lying in Wanborough aforesaid.

And also two parts of waste ground // taken out of the common called Flexworth one of them containing in length on the south side sixteen perch and in breadth at the West end three perch and at the East end one perch and the other piece containing in length eight // perch and in breadth twenty foot.

And one other parcel of land taken out of the common to build a [barn?] upon // containing by estimation one acre together with a pond [?] by the Thomas on the Waste or Common of // Wanborough aforesaid except as in the said indenture is excepted.

And also excepting one other lease dated the Sixth day of March in the said twentieth year [1578] of the reign of the said late Queen deceased Wherein the said // Lord Viscount MONTAGUE grandfather to the [? Lord Viscount MONTAGUE [party?] to [?] did demise // [grant?] and to sign let to said Thomas WINSTON All that his parcel of ground and pit called [?balls] Pitt // Containing by estimation four acres lying and being in the premises of Wanborough and Compton and also one acre //

 

[end of page]

[Image 12.30.16]

Of woodland lying on the north side of a coppice called Horseinhams? [Grove?] and parcel of the said coppice for // such term of years therein to come in and by the said last recited indenture more plainly and at large // appears. And also excepting one other lease dated the thirtieth day of [May?] in the fifth year [1608] of the kings [?] // reign that now is wherein the said Lord Viscount MONTAGUE party to this [?] hereby demises grants // and to farm let unto [?] WOODDRUFFE of Poyle in the County of Surrey Esquire all that land wood and // wood ground called or known by the name of Inwood lying and being in the towns or parishes of Ash Wicke Wanborough and Seale in the said County of Surrey except as in the said Indenture is excepted //  and for such term of years therein to come as in and by the said last recited indenture more plainly and at large // appears.  And also excepting all rents and arrears of rents due to the said Lord Viscount Sir Francis ENGLEFIELD //  Sir Robert DORMER and Sir John DORMER or any of them for any the lands tent or hereditaments herein before // granted at any time before and until and a the feast of St Michael the Archangel now last past with // full power and authority by all lawful ways and means to be used by the said Lord Viscount,  Sir Francis // ENGLEFIELD, Sir Robert DORMER and Sir John DORMER and every of them to [?] the said rent and arrears thereof // if any be. And the said Sir Francis ENGLEFIELD for him his heirs executors administrators and assigns and // for every of them doth further [?] [?] and grant to and with the said John MURRAY his heirs and assigns // and to and with every of them by this [?] that he the said Sir Francis ENGLEFIELD his heirs and assigns and every of them and all and every other person and persons and their heirs now having or lawfully claiming // or which at any time hereafter [?] or any [?] or lawfully challenge [?] or claim any lawful // or rightful title or interest out of inn  or to the said manor rectory messuages lands tents  and hereditaments // or any other the before bargained premises or out of in or to any part or parcel of hem by from or under him // the said Sir Francis ENGLEFIELD his heirs or assigns or any of them except only such person and persons as do // or shall lawfully claim by or under the several [?] before mentioned to be excepted and that only for the // said estate so excepted at all times hereafter and from time to time for by and during the space of three // years next ensuing the date of this [?] at and upon the reasonable request and at the charge and cost in the // law of the said John MURRAY or of his heirs and assigns shall and will do make knowledge execute and [?] // or cause to be done make knowledge executes and suffers all and every other further lawful and reasonable act and acts, thing and things, devise and devises, assurance and conveyance in the law whatsoever for the further better// and more perfect assurance [?] [?] making and conveying of the said manor rectory messuage lands tents and // hereditaments and all and singular other the premises before by this [?] bargained and sold or herein or hereby // intended meant or mentioned to be bargained and sold and every part and parcel of them unto the said // John MURRAY his heirs and assigns to the only [?] use and behoof of him the said John MURRAY his heirs and // assigns for ever be it by some feosment [?] with double or single voucher or vouchers deed or deeds  enrolled // the [?] of this [?] release confirmation with [?] against him the said Sir Francis ENGLEFIELD and his heirs and all and every other person and persons lawfully claiming or which shall or may lawfully challenge or claim by or under him them or any of them or by such other lawful [?] and [?] //

 

…. And hereditaments and all and singular //

[end of page]

[Image 12.32.33]

Other the premises before by this [?] bargained and sold or herein or hereby intended meant or mentioned to be // bargained and sold and every part and parcel of them unto the said John MURRAY his heirs and assigns to the // only purpose and behoof of hum the said John MURRAY his heirs and assigns fr ever be it by some feofinent // [?]  with double or single voucher or vouchers deed or deeds enrolled the [?] of this [?] //

…

[end of document]

 

 

 

Posted in National Archives Documents, Partial Transcript | Comments Off on C54/2145

C10/13/55

Posted on July 12, 2016 by batemanm

National Archives file C10/13/55

[Partial Transcript 10%]

1652

In all humble manner complaining showeth unto your good Lordships your Orator Robert HARLOW of St Giles in the county of Essex Gent, George DANVERS of London Dyer and Elizabeth his wife and Mary // HARLOW of London Spinster. Which said Robert HARLOW, Elizabeth DANVERS and Mary HARLOW were three of the children of Pedaell HARLOW late of Grays Inn in the County of Middlesex Esquire deceased // By Mary the first wife of the said Pedaell. That whereas Robert HARLOW Esquire father of the said Pedaell and Grandfather to your Orators Robert, Elizabeth and Mary in his life time made his last Will // And testament in writing bearing date the four and twentieth day of January in the year of our Lord God one thousand six hundred and twenty five [1625] and by his said last Will and Testament amongst other // Legacies therein by him bequeathed, did give and devise to your Oratrix Elizabeth by the name of Elizabeth the eldest daughter of the said Pedaell

Annuities of ten pounds per annum during her life. And did also thereby devise and bequeath that the rent thereof arising should be yearly kept either for the enlargement

Stock for her till she the said Oratrix should come to the age of one and twenty years or the day of her marriage. And after he the said Robert HARLOW the said [?]

Testament give and bequeath to your Oratrix Mary HARLOW the sum of hundred pounds to buy her an annuity of ten pounds per annum, during life. And

Be [?] either for the enjoying of her said minority or else towards a stock for her the said Oratrix until she should come to the age of one and twenty

The said Robert HARLOW by the said Will did devise further devise and bequeath that if the said Pedaell HARLOW should have a second son (he the said Pedaell Harlow

HARLOW deceased and [deleted text] then he gave to the said son of the said Pedaell the sum of one

Of about ten pounds per annum during his life to bring him up to the study and practice in the Law [?] that the rent thereof should be kept either for the enlarging of

Stock for him until he should come to the age of one and twenty years or the day of his marriage. And the said Robert HARLOW the grandfather did further by his said Will

Bequeath that the sum of one hundred pounds should be bestowed in silver and gilt plate to be marked with these [?] R E P W And that

Thereof during his life and after the decease that the said William his son should have use thereof and that [?] the same should go from heir Male

Pedaell for ever [?] of the said Last Will and testament he the said Robert HARLOW made the said Pedaell HARLOW his sole and only executor

Robert HARLOW the grandfather relation being there unto had it [doth?] and may more fully and at large appear. And the said Robert HARLOW

Testament died possessed of and interested in a very good personal estate sufficient to pay all his debts and to perform his said Last Will and Testament

Whose decease the said Pedaell HARLOW [accepted?] of the said executorship [?] the said

Of the said annuity according to the expressed direction and appointment of the said

Hundred pounds for plate according to the said Will but kept the said whole estate in

They the said George and Elizabeth did inter marry about thirteen years since and

[….]  and profit thereof to the said Orator George DANVERS and Elizabeth

[…] by the said Pedaell HRLOW and that since the death of the said

[?] about the first of December last past and set? The said [?] and the

According to the said Will. And the said Oratrix Mary HARLOW showeth unto your good Lordships

 

Posted in Harlowe, National Archives Documents, Partial Transcript | Comments Off on C10/13/55

C7/427/50

Posted on July 12, 2016 by batemanm

National Archives C7/427/50

[Partial Transcript]

25th November 1657

Bill of Complaint Edward EXALL

Humbly Complaining showeth unto your Honourable Lordship your daily Orator Edward EXALL of Merrow in the County of Surrey yeoman. That whereas James MAXWELL late of Guildford Esquire being seized […] // of and in all that park. And all those lands called Guildford Park lying and being in the parish of St Nicholas in Guildford and Worplesdon in the said County of Surrey. And of several manors farms lands and [?] // Aforesaid did in his life time. That is to say in the one and twentieth year of the reign of the late king Charles and for several years before employ and authorise one Robert TERRY of Guildford aforesaid [?] since deceased to let and set [all?] […] // and hereditaments there as there should be occasion. And for that purpose did authorise the said Robert TERRY by letter of Attorney as by the same if it might be produced would appear. And whereas thereupon the said Robert TERRY in or about […] // in the said one and twentieth year of the reign of the said late King Charles did give in speech that the said James MAXWELL would demise for a term of years.  All that messuage or farm called the Manor […] // Belonging together with the lands called the Paddocks near adjoining being all sometime parcel of the said Guildford Park with all the barns stables and outhouses thereunto belonging with the appurtenances situate […] // St Nicholas in Guildford in the said County of Surrey late in the tenure or occupation of Francis CARTER Gent. or his assigns. And that the said Robert TERRY had full power from the said James MAXWELL to contract with […] // would take any lease thereof. And that the said James MAXWELL being then in Scotland would at his return into England make good the same. And thereupon your Orator had treaty and communication with the said Robert TERRY […] // thereof. And upon the said treaty your Orator and the said Robert TERRY did come to an agreement. And your Orator did contract with him for the said messuage farm and premises from lady day then next issuing for seven years […] // Contract was to pay for the premises for the half year to be ended at Michaelmas then next following thirty pounds and for the seven year’s residue of the said term three score pounds by the year. And thereupon Articles of Agreement were […] //And agreed upon between the said Robert TERRY by the name of Robert TERRY of Westwood in the parish of Worplesdon in the said County of Surrey Gent. for and on behalf of James MAXWELL Esquire as his Attorney sufficient […] // part. And your Orator on the other part bearing date the three and twentieth day of February in the one and twentieth year of the reign of the late King Charles whereby it was agreed that by lease in writing to be signed […] // MAXWELL and as his act and deed to be delivered by the said Robert TERRY. The said James MAXWELL should demise grant and to farm let unto your Orator. The said messuage farm and premises from the feast day of the annunciation of Mary […] // Ensuring the date of the said Articles unto the full end and term of seven years and a half. And in and by the said articles It was further agreed that your Orator his executors and assigns should pay for and in respect of the […] // said James MAXWELL his heirs and assigns the sum of thirty pounds of lawful money of England at the feast of St Michael the Archangel next coming. And that the same should be secured to be paid according […] // his executors and assigns should also render and pay for the same premises yearly and every year during the term of seven years then next following unto the said James MAXWELL his heirs and assigns the […] // of lawful money of England at the two most usual feasts or [?] in the year. That is to say at the Feast of the annunciation of Mary the Blessed Virgin and St Michael the Archangel by equal portions. [?] in and by the said […] // produced amongst diverse other things therein contained would appear. And your Orator further shows that in regard your Orator was to enter upon the premises at Lady Day following your Orator upon the request of the said Robert TERRY for […] // said Articles the half years rent to grow due at Michaelmas following did at the sealing the said articles enter into a bond of three score pounds to the said James MAXWELL conditioned for the payment of thirty pounds to the said […] // Michaelmas day following or shortly after which said bond bearing date with the said Articles or near about the same time and was entered into to the said James MAXWELL in his absence only for security of […] // According to the said agreement in the said articles your Orator having no other occasion at all to enter into any bond to the said to the said James MAXWELL never having had any the lease dealings with the said James MAXWELL before the […] //As aforesaid. And at which time the said James MAXWELL himself was in Scotland. And your Orator further showeth that in pursuance of the said contract your Orator at or about Lady Day following entered the said messuage […] // and stocked the same and did not then doubt but that he should have had the lease made and executed to him either by the said James MAXWELL or the said Robert TERRY as his attorney according to the said Articles […] //showeth that the said Robert TERRY delayed of himself to seal the said lease and the said James MAXWELL in or about the beginning of the month of May following returned from Scotland to Guildford. And being made […] //Robert TERRY and your Orator of the said contract for the said lease and of the said Articles of agreement thereupon between the said Robert TERRY and your Orator as aforesaid and the said Robert then delivering […] // said Articles that was under the hand and seal of Your Orator with your Orators said bond for the thirty pounds. The said James MAXWELL did dislike and renounce the said contract. And did utterly refuse to make […] // Orator or that your Orator should have a lease thereof according to the said Articles. And thereupon got his said his said Letter of Attorney from the said Robert TERRY. And thereupon your Orator not will to […] // MAXWELL being a great and powerful man was enforced to come to a new agreement with him touching the premises. And thereupon your Orator to his great loss and damage did contract and agree with […] // MAXWELL for a lease of the premises from Lady Day then last past being in the year 1646 at and under the yearly rent of three score and sixteen pounds to be paid at Michaelmas and Lady Day by equal […] // the said New agreement some articles were at present made between the said James MAXWELL and your Orator. And the said James MAXWELL upon the sealing the said Articles got from your Orator the articles […] // the said Robert TERRY. And in pursuance of the last mentioned Articles the said James MAXWELL by the indenture made between him of the one part and bearing date the twentieth […] // in the two and twentieth year of the reign of the late King Charles and in the year of our Lord 1696 did demise to your Orator the said messuage farm and premises with their appurtenances except as hereby […] // Feast of the annunciation of St Mary the Blessed virgin last past before the date thereof for the [?] of eleven years at and under the yearly rent of three score and sixteen pounds to be paid at the feast of St Michaelmas […] // and by the annunciation of St Mary the Blessed virgin by equal portions and in and by the counter parts of the said indenture in your Orators hands amongst other things therein contained doth and may appear. Which lease was[…] // therein against your Orator. And the said James MAXWELL required and had bond from your Orator [..] for performance of the covenant of the said lease. And your Orator in pursuance of the said Articles made with the said James MAXWELL […] // Lease to him made by the said James MAXWELL well and truly paid to the said James MAXWELL thirty and eight pounds for the first half years rent of the said term and after during the [?] of […] // eleven years well and duly paid the said yearly rent as it grew due to the said James MAXWELL himself

To have the said bonds of three score pounds by him entered into as aforesaid for the [?] payment of the first half year of rent according

And renounce the agreement articles made by the said Robert TERRY as aforesaid in all things. And for that

Him made to your Orator. Your orator hath paid thirty and eight pounds for the said first half year. And therefore

Time of making the said Bond being the only sum that your Orator was to pay by his articles and agreement with

MAXWELL being dead and having made his Will and thereof made Elizabeth Countess of Dirleton in Scotland

In and the same together with the said articles made by the said Robert TERRY as aforesaid in things. And for that

Doth not only refuse to deliver the said Bond up to your Orator although your Orator being was come to the

As aforesaid for security of the first half years rent according to the articles and agreement with the said Robert TERRY with your Orator being

[?] as aforesaid upon your Orator by the said James MAXWELL and being so increase was duly satisfied by your Orator

Elizabeth Countess of Dirleton doth also most [?] require from your Orator the said thirty

The same or the full penalty thereof she knows your Orator never had any dealings with the said

Made as aforesaid with the said Robert TERRY All which causes and proceedings of the said Elizabeth

Under consideration whereof. And for the time your Orator is in trust remainder at law against the said bond

Posted in Maxwell, National Archives Documents, Partial Transcript | Comments Off on C7/427/50

C10/13/55

Posted on June 24, 2016 by batemanm

National Archives file C10/13/55

Partial Transcript 10%

1652

In all humble manner complaining showeth unto your good Lordships your Orator Robert HARLOW of St Giles in the county of Essex Gent, George DANVERS of London Dyer and Elizabeth his wife and Mary //

HARLOW of London Spinster. Which said Robert HARLOW, Elizabeth DANVERS and Mary HARLOW were three of the children of Pedaell HARLOW late of Grays Inn in the County of Middlesex Esquire deceased //

By Mary the first wife of the said Pedaell. That whereas Robert HARLOW Esquire father of the said Pedaell and Grandfather to your Orators Robert, Elizabeth and Mary in his life time made his last Will //

And testament in writing bearing date the four and twentieth day of January in the year of our Lord God one thousand six hundred and twenty five [1625] and by his said last Will and Testament amongst other //

Legacies therein by him bequeathed, did give and devise to your Oratrix Elizabeth by the name of Elizabeth the eldest daughter of the said Pedaell

Annuities of ten pounds per annum during her life. And did also thereby devise and bequeath that the rent thereof arising should be yearly kept either for the enlargement

Stock for her till she the said Oratrix should come to the age of one and twenty years or the day of her marriage. And after he the said Robert HARLOW the said [?]

Testament give and bequeath to your Oratrix Mary HARLOW the sum of hundred pounds to buy her an annuity of ten pounds per annum, during life. And

Be [?] either for the enjoying of her said minority or else towards a stock for her the said Oratrix until she should come to the age of one and twenty

The said Robert HARLOW by the said Will did devise further devise and bequeath that if the said Pedaell HARLOW should have a second son (he the said Pedaell Harlow

HARLOW deceased and [deleted text] then he gave to the said son of the said Pedaell the sum of one

Of about ten pounds per annum during his life to bring him up to the study and practice in the Law [?] that the rent thereof should be kept either for the enlarging of

Stock for him until he should come to the age of one and twenty years or the day of his marriage. And the said Robert HARLOW the grandfather did further by his said Will

Bequeath that the sum of one hundred pounds should be bestowed in silver and gilt plate to be marked with these [?] R E P W And that

Thereof during his life and after the decease that the said William his son should have use thereof and that [?] the same should go from heir Male

Pedaell for ever [?] of the said Last Will and testament he the said Robert HARLOW made the said Pedaell HARLOW his sole and only executor

Robert HARLOW the grandfather relation being there unto had it [doth?] and may more fully and at large appear. And the said Robert HARLOW

Testament died possessed of and interested in a very good personal estate sufficient to pay all his debts and to perform his said Last Will and Testament

Whose decease the said Pedaell HARLOW [accepted?] of the said executorship [?] the said

Of the said annuity according to the expressed direction and appointment of the said

Hundred pounds for plate according to the said Will but kept the said whole estate in

They the said George and Elizabeth did inter marry about thirteen years since and

[….]  and profit thereof to the said Orator George DANVERS and Elizabeth

[…] by the said Pedaell HRLOW and that since the death of the said

[?] about the first of December last past and set? The said [?] and the

According to the said Will. And the said Oratrix Mary HARLOW showeth unto your good Lordships

 

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C12/1334/14

Posted on June 6, 2016 by batemanm

C12/1334/14

Bill of Complaint of William JACOMB

12th January 1774

Humbly complaining unto your Lordship your Orator William JACOMB of Lawrence Poultney Hill London Gentleman the only surviving executor of Frances JACOMB late of Hackney in the County of Middlesex Widow deceased that sometime on or about the month of May one thousand seven hundred and fifty-seven [1757] Peter Bartholomew JULLIAN then and now of //   London Merchant a confederate hereinafter named and intermarried with Mary JACOMB spinster a confederate also hereinafter named with whom he received one thousand eight hundred pounds and upwards as a marriage portion but the Peter Bartholomew JULLIAN not having any ready of his own and being as was then apprehended engaged […] // trade with Henry JACOMB the brother of the said Mary JACOMB did soon after his said marriage apply to and earnestly request Frances JACOMB his said wife’s mother to lend and advance to him upon his own personal security to carry on the said trade the sum of one thousand  eight hundred pounds or some such sum as the said Frances JACOMB having great confidence in the // integrity and abilities in Trade of the said Peter Bartholomew JULLIAN actually lent and advanced him the sum of one thousand eight hundred pounds or some such sum upon his own bond and that the said Peter Bartholomew JULLIAN used and employed the same in such trade and business until the [blank] day of [blank] // when the said Peter Bartholomew JULLIAN repaid the said sum of money to the said Frances JACOMB and the same after payment thereof to her by the said Peter Bartholomew JULLIAN was y her invested in the purchase of three per sent consolidated bank annuities in the of William PICKARD of London Merchant since deceased and so remained to the time of the death of the said Frances JACOMB. And // your orator further shows unto your Lordship that the said Francis JACOMB departed this life on or about the twenty ninth day of December in the year of our Lord one thousand seven hundred and sixty-three [1763] and published her last Will and Testament in writing bearing date the [blank] day of [blank] one thousand seven hundred and sixty [bank] // and thereby after giving several specific and pecuniary legacies gave and bequeathed all the rest and residue of here estate (the same being wholly personal) after payment of her just debts funeral charges and legacies and bequests therein before given unto her son Henry JACOMB  and her daughter Mary JULLIAN equally to be divided between them share and share alike and in case her // Son should happen to die in her life time she gave him a power to dispose of his share therein and in case her said daughter should happen to die in her life time then she declared that her daughter’s residue should be paid to the executer or executors of her said daughter to be by them applied in such manner as her said daughter should direct as therein is mentioned but in default // of such direction or appointment, she gave the share of her said daughter to her [heirs?] executors or administrators and declared that her said Will was made with the privity of her said son and daughter and the husband of her said daughter and with their entire approbation and the information so given to them by her was that her said son and daughter might make such disposition as [?]. // And of her said Will appointed the said William PICKARD and your Orator joint executors. And the said William PICKARD having died before the said testatrix your Orator alone proved the Will of the said Frances JACOMB in the Prerogative Court of Canterbury and took upon him the burthen and execution thereof as by the probate thereof now in your Orators custody relation being // thereunto had and to which your Orator for his greater certainty therein craves leave to refer doth and may appear. And your Orator possessed himself of such of the estate and effects of the said testatrix as he could obtain and paid all her debts and the several pecuniary and specific legacies mentioned in the said Will and your Orator further shows unto your lordship that the // said Francis JACOMB having great trust and confidence in the said William PICKARD she caused several sums of money of the like Bank annuities to be transferred the remain [?] in the name of the said William PICKARD in trust for her the said Frances JACOMB and that there were actually remaining in the name of the said William PICKARD in the books of the // Governor and company of the Bank of England at the time of death of the said Frances JACOMB the sum of two thousand four hundred pounds three per sent consolidated bank annuities upon such trust as aforesaid. And your Orator further shows that there was also standing in the name of [blank] PIKE [PYKE] widow at the time of the death of said Frances JACOMB the sum of six //

…

Answer of Samuel WHITBREAD

.. Answer of Samuel WHITBREAD Esquire one of the defendants to the Bill of Compliant of William JACOMB  Gentleman, Complainant.

This defendant now and at all times hereafter saving and reserving to himself all and all manner of advantage and benefit of exception which // […] to the many errors uncertainties and insufficiencies in the Complainant’s said Bill of Complaint contained for answer thereunto or unto so much // thereof as this defendant is advised is material or necessary for him to make answer. He this dependant answers and saith that Mary JULLIAN in the Complaint’s // Bill of Complaint named some short time before her death acquainted this defendant that she had made a Will and appointed this defendant one of the executors // thereof but this defendant saith he was not privy and consenting to the making of such Will and did not know of the same until she the said Mary JULLIAN had made // it and acquainted this defendant thereof as aforesaid and this defendant saith that the said Mary JULLIAN departed this life on or about the thirteenth day of // January now last past as this defendant hath been informed and believes but this defendant saith the said Will of the said Mary JULLIAN hath not been // proved by this defendant nor the other executor or executors therein named to the knowledge or belief of this defendant neither doth this defendant know // any more of the contents of such Will than that this defendant is appointed an executor thereof . And this defendant saith that he is desirous and ready to be discharged // from the trust therein contained and to do any act for that purpose as this Honorable Court shall direct. And this defendant denies he hath given // [?] or pretended that in case of the death of the said Mary JULLIAN He this defendant would call upon and oblige the Complainant to account to him for the // Several sums of one thousand two hundred pounds and three hundred and two pounds in the Complainant’s Bill mentioned to be transferred by the said // Complainant to Peter Bartholomew JULLIAN one other of the defendants therein named or either of them. And this defendant further answering saith he // hath been informed and believes that such indenture of settlement tripartite of such date purport and effect as in the Complainant’s Bill is // mentioned was made and executed previous to the marriage of the said Peter Bartholomew JULLIAN and Mary his Wife as in Bill set forth and this // defendant hath been informed and believes that by a deed poll bearing date on or about the twenty seventh day of November one thousand seven hundred // And sixty-one [1761] made and endorsed on the back of the said indenture of settlement one William PICKARD therein named as nominated and appointed // a trustee in the room of Henry JACOMB another of the defendants in the Complainants said Bill of Complaint named. And this defendant hath also // been informed and believes that by another Deed Poll bearing the date on or about  the fourteenth day of February one thousand seven hundred and // Seventy two [1772] also made and indorsed on the back of the indenture of settlement this defendant was nominated and appointed a trustee in the room // of the William PARKARD then deceased but this defendant for his greater certainty as to the dates purports and contents of the said indenture of settlement // And indorsements thereon craves leave to refer thereto when the shall be produced. And this defendant denies all and all manner of unlawful // combination and confederacy where with he is charged without that that there is any other matter or thing in the complainants said Bill of Complainant // Contained material or effectual in the law for him this defendant to make answer unto and not herein and hereby well and sufficiently answered // Confessed or avoided transversed or denied is true to the knowledge and belief of this defendant. All which matters and things this defendant is // Ready and willing to [?] maintain and prove as this honourable Court shall direct and humbly prays to be hence dismissed with his // Reasonable costs and charges in this behalf most wrongfully sustained. //

Samuel WHITBREAD / Jno SEARE / WAINWRIGHT

 

 

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E126/4

Posted on May 8, 2016 by batemanm

National Archives E126/4

Image online at AALT

299r Surrey 1638, Feb 1 Earl of Annandale Henn, Hugh; Humfrey Rogers; and others Concerning the not performing of certain covenants and articles of agreement. [158]

 

Whereas the cause [?] in this Court by English Bill between the Right Honourable Earl of Annadale [plaintiff?] and Hugh HENN and Humphrey ROGERS and others defendants was appointed to be heard this present day for as much as upon opening of the said Bill and the defendants. Answered by Counsel learned on both sides, the Court conceived that the said Bill was exhibited by the said plaintiffs to be relieved for damages touching the not performing of certain covenants and articles of agreement made between the said parties and defendants which is more [proper?] to be tried at the Common Law. It is thereupon this day ordered by the Court that the said Bill be hereby absolutely dismissed of this Court without costs.  [?] [?] [?]

[end]

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C9/186/79

Posted on May 4, 2016 by batemanm

National Archives file C9/186/79

To the Right Honourable Sir Nathan WRIGHT Knight Lord Keeper of the Great Seal of England.

26 January 1703

Humbly complaining showeth unto your Lordship your Orator James CLIFTON of Shere in the County of Surrey Gentleman Administrator of the Goods Chattels and personal estate of Jane // CLIFTON late of Worplesdon in the said County of Surrey Widow deceased that Henry CLIFTON late of Worplesdon aforesaid Gentleman also deceased in his lifetime become bound unto the said James CLIFTON // In one penal bond or obligation of the penalty of four hundred pounds bearing date eleventh day of April Anno Domini one thousand six hundred and sixty three [1663] conditioned for his true // payment of the sum of one hundred forty and three pounds of lawful English money on the feast of saint Michael the archangel then next ensuing and also one hundred and forty three // pounds of like money on the feast of the annunciation of the blessed virgin Mary next ensuing the date thereof by the said Bond or obligation in your Orators custody ready to be produced // to this Honourable Court to which your Orator certainly refers himself will more fully and at large. And your Orator further showeth that the said Henry CLIFTON at the time // of his entering into the said Bond was and so continued to the time of his death seized in his demeasure of fee simple or some other good estate of inheritance of and in diverse messuages lands // tenements hereditaments in Worplesdon aforesaid or elsewhere of the yearly value of one hundred pounds and upwards and also was possessed of a good and plentiful personal estate consisting // in ready money plate jewels rings and of and in great quantities of household goods and utensils belonging to household and husbandry and of and in diverse horse oxen cows sheep and // other cattle and diverse quantities of corn grain and hay and of and in diverse debts and sums of money due to him upon specially particularly the sum of one thousand pounds due to // him the said Henry CLIFTON from Richard LEE of Sutton in the County of Surrey yeoman being the marriage portion of Mary his wife who was the sister of the said Richard LEE and also of and // in diverse sums of money due to him for arrears of rent and diverse other goods and chattels of a considerable value sufficient to have paid his debts with an over plus and being so seized // and possessed died intestate without having paid the said several sums of one hundred and forty-three pounds and one and forty-three pounds so due on the said bond as aforesaid // Immediately after whose death Henry CLIFTON eldest son of the said Henry CLIFTON and the said Richard LEE or one of them entered into all and singular the said messuages lands and hereditaments // And also the said Henry CLIFTON hath lately obtained letters of administration of the personal estate of the said Henry CLIFTON his father to be in due form of law granted unto them and // by virtue and under colour thereof (amongst other the said intestator’s goods chattels personal estate rights and credits) have received or might have received of and from the said // Richard LEE the sum of five hundred pounds of lawful English money which became due to the estate of the said Henry CLIFTON upon the death of Mary LEE mother of the said // Richard LEE being not payable till that time by the marriage articles made between the said Henry and Mary CLIFTON and Mary LEE and ought to pay and satisfy your Orator // the said several sums of one hundred and forty-three pounds and one hundred and forty-three pounds with interest for the same from the time it became due by virtue of the said // Bond as aforesaid but now so it may please your Lordship that the said Henry CLIFTON though he hath assets in his hands and although he had notice of the said Bond and // Although he hath been often thereunto requested in a friendly manner doth utterly refuse to pay to your Orator the said several sums of one hundred and forty-three pounds and // one hundred and forty-three pounds and interest so due as aforesaid but designing and intending to defeat and defraud your Orator

and confederating himself with the said Richard LEE they the said confederates do now pretend and give out in speech that the said Henry CLIFTON did not die seized // of any estate of inheritance subject to the payment of your Orators debts but that the same was settled and entailed on the said Henry CLIFTON freed and discharged of all encumbrances // and also that the said Henry CLIFTON died greatly indebted to diverse other persons upon judgements statues and other debts of higher nature and quality than your Orators debt // and that they have long since fully [?] the said estate by the payment thereof [?] they well know and your Orator doth expressly charge the truth to be that there is // now remaining in the hands of the said Henry CLIFTON which he hath received or might have received of the said Richard LEE the sum of five hundred pounds of lawful // English money which became due to the estate of the said Henry CLIFTON upon the death of Mary Mother of the said Richard LEE being not payable till that time by // the marriage articles made between the said Henry and Mary CLIFTON aforesaid. And in further prosecution of their said designs the said confederates do refuse to // account of the said personal estate of the said Henry CLIFTON that came to their hands and whether the said five hundred pounds due from the said Richard LEE as aforesaid is paid // to the said CLIFTON or what other assets they now have for the satisfaction and payment of your Orators debt to give or make any account or discovery to your Orator of or // concerning all or any of the premises contrary to right equity and good conscience in tender whereof and for that your Orator hath now relief in the premises // By the strict rules of the common law and causes and matters of this nature are most [?] relieveable before your Lordship in this Honourable Court where your Orator hopes that // The said Henry CLIFTON and Richard LEE will upon their corporal oaths set forth and discover the truth of all and singular the premises your Orator  witnesses that should // prove the same being either dead or removed to parts beyond the sea or unknown to your Orator. To the end therefore that the said Henry CLIFTON  and Richard LEE // may upon their respective corporal oaths true and perfect answer and account make and give of and to all and singular the premises aforesaid if they were // thereunto respectively particularly interrogated and more especially whether there did not become due to the estate of the said Henry CLIFTON the sums of five hundred // pounds by the death of the said Mary LEE and whether the be not paid to the said Henry CLIFTON the son as [?] to his father and also may set forth and discover // What estate the said Henry CLIFTON died sized or possessed of or interested in or entitled unto and in what particulars the same consisted and how he same hath been // applied and where the remainder now is and that your Orator may have a full and perfect discovery and account of the said Henry CLIFTON’s real and personal estate // And that your Orator may be paid there out what is justly owing to him from the said Henry CLIFTON and your said Orator may be relieved in all and singular the said // premises according to equity and good conscience. May it please your Lordship the premises considered to grant unto your Orator her Majesty’s most gracious writ or // Writ of subpoena issuing out of any and under the seal of this high and honourable court of Chancery to be directed to the them the said Henry CLIFTON and Richard LEE // and the rest of the confederates when discovered thereby commanding them and every of them at a certain day and under a certain pain and penalty therein to be //  Limited personally to be and appear before your Lordship in this most High and Honourable Court of Chancery and then and there upon their several respective corporal set forth and discover all and singular the premises. And further to stand to abide by and perform such // further and other order and decree [?] to your Lordship’s [?] wisdom shall seem meet and agreeable to equity and good conscience and as your // Lordship shall seem meet. And your Orator as in duty bound shall ever pray. //

 

Answer of Richard LEE

The answer of Richard LEE one of the defendants to the Bill of Complainant of James CLIFTON Complainant

This defendant saving to himself all advantage of exception to the insufficiencies of the bill of Complainant for answer thereunto or so much thereof as the defendant advised is material for // for him to answer unto. He answers and confesses that there was a marriage had between Henry CLIFTON in the bill named father of the other defendant Henry CLIFTON and Mary LEE this // defendant’s sister and that upon and before the said marriage he the said Henry CLIFTON deceased in consideration of the intended marriage and of the sum of five hundred pounds then paid him as part of the // marriage portion of the said Mary and of the further sum of three hundred pounds to be paid him upon or soon after the death of Mary LEE this defendant’s mother did by good assurance // in the Law settle and assure diverse lands tenements in Worplesdon in the County of Surrey for the jointure of her the said Mary this defendants sister in the reversion  thereof // to the use of and for the benefit of the issue in [?] of him the said Henry CLIFTON on the body of her the said Mary LEE to be begotten. And this // defendant doth confess that he upon the said marriage and in consideration thereof did become bund unto the said Henry CLIFTON the father in a Bond of the penalty of six hundred pounds conditioned // to be void on the defendant’s payment to the said Henry CLIFTON of the said sum of three hundred pounds within some short time after the death of Mary LEE widow this defendant’s mother being the residue of this // defendants sister portion. And this defendant saith that he believes that the said mother died about three years since but this defendant saith that the said Henry CLIFTON the father having pressing occasions // for money he earnestly importuned this defendant to advance and pay the said sum of three hundred pounds unto him the said Henry CLIFTON in the lifetime of this defendants mother and before the same // became due whereupon this defendant at the several instance and request of him the said Henry CLIFTON did come to an agreement with him that he this defendant should advance and pay the said sum of // Three hundred pounds to the said Henry CLIFTON with life time of the defendant said mother. And that he the said Henry CLIFTON cancel or destroy the said Bond of six hundred pounds penalty and should // pay interest to this defendant for the said three hundred pounds until such time as the said three hundred pound would have become payable avoiding to the condition of the said Bond [?] // It was agreed between them to that or the like effect. And this defendant saith that in pursuance of the said agreement he did pay to and for him the said Henry CLIFTON the father and by his direction // the said sum of three hundred pounds. And this defendant believes he the said Henry CLIFTON did cancel the said  bond // but this defendant saith the said Henry CLIFTON being his brother in law and living in great [?] with this defendant he this defendant did not // take such care as to be up the said bond how be it after the death of him the said Henry CLIFTON the said bond was found cancelled amongst his papers and this defendant denies that he ever // was in debted to the said Henry CLIFTON the father in any sum of money whatsoever or in or by any security whatsoever otherwise then by the said bond which was so paid off and cancelled // as aforesaid. And this defendant saith that after the death of the death of the said Henry CLIFTON the father he did assist his nephew the other defendant Henry CLIFTON in the looking after and directing the management // of his lands and tenements which after father’s death descended or came to him by virtue of the said marriage settlement. But this defendant denies that he ever [?] into any lands or tenements // Whatsoever that were of the said Henry CLIFTON the father save as a foresaid. And this defendant saith that he does not know or believe that the said Henry CLIFTON died possessed of any goods or // chattels whatsoever but saith that he hath heard and believes that all his the said CLIFTON goods and chattels were some time short before his death taken in execution at the suit of // George WOODDCROFT Knt. How be it this defendant denies that any of his the said Henry CLIFTON the further goods or chattels whatsoever came to the hands possession or power of him this defendant // or any other by or with his order privity or consent or for his use other than some small value of goods which this defendant ought of George WOODCROFT before produced. And this defendant saith that he doth not know that the said Henry CLIFTON deceased did ever become bound to Jane CLIFTON his mother // in the bill named in any bond whatsoever to pay any money whatsoever nor doth this defendant know of any lands that descended from him the said Henry CLIFTON to the other defendant Henry // CLIFTON his son fee simple other than three acres of land in Worplesdon aforesaid which was left at three pounds per annum and half an acre in fee in the parish of Yately in the // County of Southampton [Hampshire] which as this defendant hath heard and believes) hath been sold by the other defendant Henry CLIFTON for the sum of twelve pounds. And this defendant denies all unlawful // Combination or confederacy in the bill charges against him without that that any other matters cause or thing in the complainant’s said Bill contained material or effectual in the law for him this defendant to make answer unto and not herein and hereby before well and sufficient answered unto confessed and avoided travsed or denied is true to the knowledge of him // this defendant all which matters and things this defendant is ready to [?] maintain and prove as this most Honourable Court shall award and therefore humbly prayeth to be hence dismissed // with his reasonable costs and charges in this behalf most wrongfully sustained.

R ACHERLEY

Richard LEE.

[end of document]

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C8/102/120

Posted on April 4, 2016 by batemanm

National Archives C8/102/120

Bill of Complaint of Elizabeth relict of William HAMILTON

February 1652

Complaining showeth unto your Honour Elizabeth relict of William Duke of Hambleton in Scotland deceased and one of the daughters and co-heirs of James MAXWELL esquire late Earl of DIRLETON in // Scotland also deceased. That the said Earl of DIRLETON being in his lifetime lawfully seized in his demesne as of fee of and in the Manor of Wanborough and diverse lands tenements and hereditament thereunto // belonging. And of a capital messuage called the Fryers at Guildford and of and in diverse lands tenements and hereditaments called Guildford Park and of diverse other lands all lying in the County of Surrey and of the // Manor of Kidlands and diverse other lands and tenements and hereditaments in the County of Northumberland by his indenture bearing date on or about the four and twentieth day of May which was in the year // of our Lord God one thousand six hundred and forty nine [1649] between the said Earl of the one part Henry  FINCH of the Inner Temple London Esquire, John PRESTWOOD of London Merchant and Henry PRATT of // London haberdasher on the other part. In consideration [two?] thousand five hundred pounds therein mentioned to be by them paid unto the said Earl did bargain and sell the said Capital messuage called Friars and the said Park // and diverse other of the said lands lying in the parish of Guildford Stoke, St Nicholas Compton and Worplesdon unto the said Heneage FINCH, John PRESTWOOD, and Henry PRATT and their heirs upon condition contained // in another indenture of the same date to be void upon payment of £2600 at the end of six months then next after and now past (as in and by the same Indenture the first being enrolled in this Honourable Court more // largely may appear. Which two thousand five hundred pounds or any part thereof was never lent or really paid to the said James Earl of Dirleton but the same conveyance more only in trust for the said Earl and such person // and person to whom the said Earl should dispose the same and the said persons rusted were to make and execute conveyances of the premises accordingly. And your Oratrix further showeth that in or about the same month of May // the said Earl of Dirleton did borrow William WESTON of London Esquire the sum of two thousand five hundred pounds of lawful money of England and in consideration thereof by deed likewise enrolled in this Court bearing date about the eleventh // Day of the same month of May did bargain and sell the said Manor and farm of Wanborough and the said manor of Kidlands with the appurtenances unto the said William WESTON his heirs upon condition to [?] // Upon payment if the said 2500 with interest at several times expressed in another Indenture of demesne of the same date as in and by the same likewise may appear which monies not being paid to the said William WESTON // accordingly the said premises became forfeited to him in the life time of the said Earl but the said Earl nevertheless did continue in the possession of the premises and took the rents issues and profits thereof to his own use during // his life. And your Oratrix further showeth that the said James Earl of Dirleton having such right to title and trust [?] and to the premises as aforesaid and having by his deed [?] in writing dated on or about the 24th day of April which // was in the year of our Lord God 1650 given and granted all the said Manor park lands and premises in the county of Surrey to Elizabeth Countess of Dirleton his wife and mother of oratrix for the term // of her life for her better support [?] and the said Earl having long before that advanced his daughter Diana youngest sister of your Oratrix in marriage to Charles Lord CRANBOURNE to whom // he gave in marriage with her above 18000 besides jewels and other things of great value being a portion far beyond that he gave in marriage with your Oratrix his eldest daughter [?] // and the said Earl considering honestly your Oratrix and her many children were provided for and being minded out of the premises to make a provision of better support and maintenance // for Oratrix and her heirs. To that purpose he the said James Earl of Dirleton in Scotland your Oratrix father having in himself a power to declare touching the trust of the inheritance of the said manor // and lands by deed or writings by him signed and sealed in the presence of diverse creditable witnesses bearing date on or about the [?] day of April 1650 intending truly to declare his mind and purpose touching the // inheritance of the premises and to trust thereof aforesaid as well upon the consideration aforesaid as of the natural love and affection which he bore unto your Oratrix and for many other good causes him thereunto // moving, did thereby give and grant assign[?] and [?] unto your Oratrix the said Wanborough park and Priory house in Guildford and all other the premises in the county of Surrey. To have and to hold the same // said Earl died leaving your Oratrix and the said Lady CRANBOURNE her sister his two daughters and coheirs by virtue of which writings of declaration limitation and [?] and other good [?] // [manifesting?] the proof expression and declaration of the said Earl of the trusts aforesaid your  Oratrix is entitled in equity as well to the trust of the said premises conveyed to the said Heneage FINCH // John PRESTWOOD, and Henry PRATT and ought to have the same be then settled upon her and her and her heirs as also to the equity of redemption and trusts of all the said Manor of Wanborough and premises // in the County of Surrey so mortgaged to the said WESTON and also and also as coheir your Oratrix is entitled to the equity of redemption and trusts of all the said Manor of Kidlands and // lands in the County of Northumberland plenty and of moiety of the revision of another third part thereof which the said Countess of Dirleton now holds for the term of her life for // her dower after the decease of the said Countess and the said Lord CRANBOURNE and his said Lady in right of the said Lady CRANBOURNE as one other of the coheirs of the said // Earl is in equity well entitled to the redemption and trust of another third part of the said Manor and lands in the County of Northumberland plenty and of moiety // of the reversion of another third part after the decease of the said Countess her mother and your Oratrix ought to be admitted to the redemption of the said respective estate // accordingly the said County of Dirleton and Lord CRANBOURNE and his Lady ought to pay their respective portions of the mortgage money according to the value of their estate // in case they will [?] any benefit thereof that the premises belonging to your Oratrix may be enjoyed by your Oratrix according to the intention declared and settlement of the said James // Earl of Dirleton. But now so it is may it please your honours that the said Heneage FINCH, John PRESTWOOD, Henry PRATT and William WESTON do refuse to convey the said premises to your Oratrix and her // heirs according to her several titles to the same according to equity and the said Lady Dirleton and Charles Lord CRANBOURNE and his Lady do refuse to join with your Oratrix according to the portions for // the redemption of the premises from the said William WESTON who also refuses to receive his said money although your Oratrix is ready and hath offered to pay her portion and part thereof . But the // said persons or some of them having entered upon the premises have committed diverse waste thereupon and do proceed so to do knowing your Oratrix having only a trust and not the estate or […] // cannot punish or restrain the same by law all which their damages are contrary to right equity and good conscience and tend much to the damage  of your Oratrix to whom the inheritance of the premises // belongs. In tender consideration whereof and for as much as your Oratrix having only such right and title in equity as a aforesaid is remediated herein by the rules of Common Laws of this // nation and is properly to be [?] them in equity. And to the end that all the said persons may a particular and perfect answer make to all and singular the premises and that the said trustees // may be compelled to execute the estate of the Priory Park and lands at Guildford to them so conveyed as aforesaid unto to your Oratrix and heirs and that the said Countess of Dirleton and Lord CRANBOURNE // And his Lady may be compelled to join according to the proportion of their estates in the redemption of the mortgaged premises or that your Oratrix for possession of her interest may be permitted // to redeem the same alone and that the said William WESTON may account for the [?] profits and receiving what remainder due unto him may convey the premises to him mortgaged accordingly // And that your Orator may be otherwise righted and relayed in all and singular other the premises according to right equity and good conscience that it may please your Lordship to grant to your // [?] of [?] under the seal of this Honourable Court to them the said Elizabeth MAXWELL Countess of Dirleton, Charles Lord CRANBOURNE, the Lady Diana his wife, and Heneage FINCH, John PRESTWOOD, // Henry PRATT and William WESTON and every of them to be directed thereby commanding them and every of them at  day certain and under certain pain thereunto to be limited personally // to be and appear before your Lordship in this Honourable Court of Chancery to answer the premises and further to stand to and abide such order [direction] and decree concerning the same // as unto your Honour shall seem meet and your Oratrix shall pray for the [?] of your Lordship.//

[end]

The joint and several answer of Charles Lord CRANBOURNE and the Lady Diana his wife two of the defendants to the Bill of Complaint of Elizabeth the relict of William Duke Hambleton in Scotland Complainant. 

Lady Diana sworn March 22nd 1652

Charles Lord Cranbourne sworn March 23rd 1652

The said defendants saving to themselves all benefit of exception to the uncertainties and insufficiencies of the said Bill of Complainant for full answer to so much thereof as  any way concerns them these defendants // They say that they believe it to be true that the Earl of Dirleton in the Bill mentioned (father of the defendant the Lady Diana) was in his lifetime lawfully seized in his demeasure as of fee of and on the // Manor of Wanborough and diverse lands tenements and hereditaments thereunto belonging and of the capital messuage called Friars at Guildford and of and in diverse lands and tenements // Called Guildford park lying and being in the County of Surrey and of the Manor of Kidlands and diverse lands tenements and hereditaments in the county of Northumberland. And that the said Earl // Of Dirleton did by indenture dated about the time in the Bill mentioned bargain and sell or mention to bargain and sell the said capital messuage messuage called the Friars and the said Park //  And diverse other lands lying within the several parishes in the Bill mentioned unto Heneage FINCH, John PRESTWOOD and Henry PRATT in the Bill afore named upon the condition contained // in another indenture of the same date as in the said Bill of Complaint is expressed. And this defendants do likewise believe that the consideration of two thousand five hundred pounds mentioned // in the said deed of bargain and sale was not really paid or lent unto the said Earl of Dirleton  but the said conveyance was in trust for the said Earl and his heirs and not for such // person and persons to whom he should dispose the same nor were the said persons to make conveyance accordingly as this defendants do verily believe. And this defendant do also believe // that the said Earl of Dirleton did by his deed bearing date about the time in the Bill mentioned and enrolled in this Court bargain and sell the said Manor of Wanborough and Kidlands // with their appurtenances unto the said William WESTON in the Bill named and his heirs upon such condition as in the said Bill of complaint is expressed by the other deed therein mentioned but whether // the said Earl did borrow two thousand five hundred pounds of the said William WESTON or what was the consideration of that conveyance these defendants do not certainly know but do believe that // money mentioned in the said several deeds was not paid according to the condition therein mentioned and for the premises became forfeited and that the not only standing the said Earl of Dirleton // did continue in possession and took the rents and profits of the said lands until his death as by the said the said Bill is set forth And believe that by a writing dated about the time in the bill mentioned // he did give and grant the Manor Park lands and premises in the County of Surrey in the Bill mentioned unto Elizabeth Countess of Dirleton his wife mother unto the defendant // the Lady Diana and the Complainant for term of her life whereunto these defendants refer for more certainty and to the order of this Honourable Court made touching the same. And these // defendants do confess that the marriage was long before had between them and that the earl of Dirleton did give for a portion unto the defendant the Lady Diana his youngest // daughter eighteen thousand pounds and some jewels and other things of some value but what or how much the said defendants nor whether of them  do know nor how far // it was beyond the portion of the complainant the Earl’s eldest daughter and sister these defendants the Lady Dianna or what consideration he had of the [?] provision // for the complainant and her many children (these defendants having many now children) these defendants do not know nor do they believe that he the said Earl for that reason // or any other was minded to make any provision out of the premises in the Bill mentioned for better support of the said Complainant and her heirs for this defendant // Say that they do conceive that the said Earl of Dirleton did a few days before his death b a codicil added unto to his last Will plainly declare his intention to be // that the estate and in [?] of and in the said Manors lands and premises in the Bill mentioned should descend and come unto the Complainant and the defendants the // Lady Dianna as co heirs of him the said Earl. And the said Defendants do not know of any such deed or writing made by the said Earl as in the Bill is set forth // Whereby he did for the consideration therein mentioned dispose of the inheritance of the said lands and premises unto the complainant and her heirs nor was it // in the power of him the said Earl (as the said defendants conceive) by any effectual conveyance in the law to dispose of the same having long before conveyed away the // Fee simple of the said lands and premises as by the Bill it doth plainly appear, and in case he the said Earl did make any deed or conveyance whereby he intended to // convey the said lands and premises unto the said Complainant and her heirs by the common law and the same happen to be ineffectual by the rules of law, this Court // (as these defendants humbly hope) will not support or make good the same in conscience being between persons in equal relation and no purchase in the case. And // these defendants further say that if any such deed or writing was made by the said Earl of Dirleton as in the said Bill of Complaint is mentioned they do believe and so  [?] // hope to prove that it was done in the time of his extreme weakness and sickness (and not duly executed) by the earnest solicitation of some persons about him taking // advantage of the absence of the defendants the Lady Diana being here in England and the said Earl dying in Scotland And never intended any particular benefit by the said // pretended deed to the plaintiff in regard he after express his dislike of what writing was so gotten from him as aforesaid. And declared against it as this defendant have // to prove. And therefore these defendants do deny that by virtue or colour of any such writing or any other evidence of the said Earls expression (to these defendants // knowledge) the said complainant is entitled in equity unto the trust of the premises in the Bill mentioned to be conveyed to Heneage FINCH, John PRESTWOOD, and // Henry PRATT or to be […] // Kidlands in the County of Northumberland  laid out […] // And coheirs unto him the said Earl of Dirleton after the death of their said mother as these defendants [?] and as […] // Mortgaged unto him the said William WESTON the same is settled by the decree of this Honourable Court date the [blank] day of [blank] upon the hearing of several causes // between Elizabeth Countess of Dirleton and these defendants and others. And these defendants do deny the doing or committing  any waste or wastes in or upon the premises // or any part thereof without that that any other matter or thing in the said Bill of Complaint contained material or effectual in the law for these defendants for to make answer // unto and not herein before sufficiently answered unto confessed and avoided transversed or denied is true in such manner and farm as in the said Bill is alleged to make answer // defendants prayeth to be dismissed out of this Honourable Court with their reasonable costs and charges in this behalf wrongfully sustained.  William ADAMS.

 

Posted in Finch, Maxwell, National Archives Documents, Pratt, Prestwood, Weston | Tagged , | Comments Off on C8/102/120

C8/102/251

Posted on April 4, 2016 by batemanm

National Archives C8/102/251

Contents

Complaint of William WESTON.. 1

Plea of Lord CRANBOURNE and Diana his wife. 2

Answer of Lord CRANBOURNE and Diana his wife. 3

 

Complaint of William WESTON

1650/1651

Humbly complaining showeth unto your Lordship your Orator William WESTON of London esquire that the Right Honourable James Earl of DIRLTON in Scotland now deceased being in his life time lawfully seized in demesne as // […] in the manor rectory and farm of Wanborough with the appurtenances and diverse other lands tenements and hereditaments in the County of Surrey and of the Manor of Ridlands in the County of Northumberland and // having a pressing occasion to use monies about the month of May which was in the year of our Lord God one thousand six hundred forty nine [1649] did borrow  of your Orator the some two thousand five hundred pounds of lawful // money of England and for security of payment thereof with interest at several times agreed upon did by did indented acknowledged and Enrolled in the High Court of Chancery bearing date on or about the seventh May of the same // month of May convey the said Manors and premises with the appurtenances to Orator and his heirs upon condition of redemption upon payment of the said two thousand five hundred pounds with interest at [?] days mentioned [?] // [?] indenture of the same date ready to be produced as thereby may appear [?] days of payment are past and the said monies have not been paid but the same are still due to Orator and [?] the said premises and // forfeited and became at [?] your Orator who ought to have the possession of the premises and to receive the rents issues and profits thereof accordingly. But  so it may please your honors that the said James Earl of Dirleton [?] // […] Elizabeth Countess of Dirleton his relict and the Lady Diana now wife of the Right Honourable Charles Lord CRANBOURNE and Elizabeth now wife of William Duke of HAMILTON in Scotland his daughters and [?] they the said // Elizabeth Countess of Dirleton and the said Lord CRANBOURNE Lady Diana his wife Duke of HAMILTON and the Lady Elizabeth his wife have combined and confederated themselves together with Richard BLAGRAVE and Richard OLAVE who pretended that [?] and [?] // the premises or some part thereof by lease made by the said Earl of Dirleton in his life  time and with other the tenants of the premises and with one Richard [?] how to defeat and deceive your Orator of his estate in the premises and to [?] the same for [?] // and to that end and purpose the said confederates some or one of them or some other person or persons to their, some or one of their use hath or have gotten into his her their some or one of their hands and custody all the deeds [?] and // writings which [?] the premises and also both parts of the residual leases thereof made to the said tenants and do detain and keep the same from your Orator to whom the same do properly belong and to whom the said // James Earl of Dirleton did covenant after default of payment of the said monies the same should be delivered by the said persons being [?] executors or administrators to him and do refuse to deliver the same to your Orator but have by // [?] thereof entered upon the premises immediately after the death of the said James Earl of Dirleton which was about April last past and have ever since not only taken and received the rents issue and profits thereof to a great // value but have already and do duly cut fell and sell all the timber and woods growing on the premises and convert the same to their own uses to the other wasting and destroying of the premises contrary to the covenants of the // [?] thereof made to the said [?] thereof and contrary to law also and to the weakening of your Orator’s security. And for the better colouring of their doings they do pretend that the said James Earl of Dirleton had not // Such estate in the [?] as aforesaid or power to the same on your Orator as aforesaid but that the same was by him conveyed to them before [?] in truth the said Earl made no [proving?]  conveyance of the premises to them // [?] or any of them and at other times they pretend your Orator’s mortgage was no new Mortgage nor any money lent thereupon whereas they know the contrary to be true and at other times they seem to allow of // your Orator’s title and pretend they will pay your Orator his money but to [intricate?] your Orator.  Of late the said confederates pretend several rights and title in equity to the redemption thereof the said Lord CRANBOURNE // Duke HAMILTON and their [ladies?] May [?] the same as Coheirs to the said Earl and the said Countess of Dirleton claiming the same by some deed or declaration to her made of the premises for life by the said Earl and // the said [?] [?] exhibited several Bill in this Honourable Court against your Orator touching the redemption of the premises upon their said pretended title so as by this meant your Orator is ignorant to which of the // said persons to [?] the same [?] doings of the said confederates are as you Orator suffered by combination to delay your Orator that they may in the meantime keep the possession receive the rent and sell and // dispose of the timber and wood contrary to the covenants and conditions of the leases thereof made and contrary to the Law which they do continually proceed to do. And the tenants refuse to pay their rents to your // Orator who only hath right to receive the same knowing that your Orator hath no remedy for the same by Law for [?] of the deed evidence conveyance and counter part of the said leases which the said confederates // do [?] and by [?] thereof have made and [?] diverse secret estate of the premises to your Orators [?]. As which doings of the said confederates are to the [great?] wrongs and injury of your of your Orator // And are contrary to all right equity and good conscience. In tender consideration whereof and for assurance as your Orator hath no remedy in the premises by law either to recover the said rent or to [?] the said // [?] for [?] of the said leases deeds [?] and writings an hath no means to discover the same and what estate any of the said confederates claim in the premises either as tenants or otherwise. // And for which tenure under what rent and covenant but by this Orator in this Honourable Court where your Orator prayeth they may discover the same. And for [?] as your Orator hath no other way to discover // to which of the said persons the equity of redemption of the premises doth appertain and to enforce him her or them to whom the same doth belong to redeem the same but by the [?] of this Honourable // Court. To the […] the said confederates may answer all and singular the premises. May account to your Orator and pay the rent and profits by them received or from them due for the premises // may be stayed by the [injunction?] of this Court from selling timber or wood contrary to the covenants of their leases and the law and that the person and persons to whom the Judgment of this Court the equity // of Redemption of the premises [?] appertain may forthwith redeem the same or be decreed to make absolute answer thereof to your Orator and to deliver the deeds writings leases and evidence to // your Orator and that your Orator may in all and singular other the premises according to right equity and good conscience. May it please your Honour to grant unto your Orator writ of // subpoena [?] the seal of this Honourable court to them the [?] Countess of Dirleton, Charles Lord CRANBOURNE, the Lady Diana his wife, William Duke HAMILTON the Lady Elizabeth his wife, Richard BLAGRAVE and Richard WATTS to be directed thereby   commanding them and every of them at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in the High Court of Chancery and there to answer the premises and to stand to // and abide such order and direction therein as unto your Lordship shall […] agreeable to right equity and good conscience. And your Orator as in duly [?] shall prayeth.//

[Next Page]

Plea of Lord CRANBOURNE and Diana his wife

The plea of the Right Honorable Charles Lord CRANBOURNE and the Lady Diana his wife two of the defendants to the Bill of Complaint of William WESTON of London Esquire, Complainant.

The said defendants by protestation not confessing any of the articles matters or things in the Bill of Complaint se forth to be true // oe effectual in the law, for them this defendants to make answer unto in such [?] [?] and found as the is thereby alledged for // plea thereunto to they this defendants say that the [?] mof the Bill being to have them this defendants and the defendant the Countess of Dirleton and // the defendant Duke Hamilton in Scotland and the Lady Elizabeth his wife in the Bill named to redeem the Manor and lands and // premises therein mentioned which were mortgaged unto the said Complainant by James Earl of Dirleton in his life time also in the Bill named // [?] appears by the Complainant’s own showings that the said  James Earl of Dirleton is dead and left the defendant Dianna now wife to // Defendant Charles Lord CRANBOURNE and Elizabeth now wife unto Duke Hamilton in Scotland his daughters and co-heirs. And these [defendants?] // say that the commission for Compounding with delinquents  and managing all estates under sequestration have passed one moiety of the said // manor lands and premises as belonging to the said Lady Hambleton as co-heirs to her said father to be sequested for the case of the // Commonwealth for the Delinquency of the said Duke Hambleton, her now husband and thereupon the Commonwealth is in actual possession // of the same and [?] therein as to the said moiety and made no party to  this suit and therefore in respect the answers of them // this defendant might possibly lend to the precedence of the state in this particular they do humbly demand the judgement of this Honourable // Court whether or not they should be compelled to make any further or other an [?] unto the said Bill of Complaint until such time as // such offices of the Commonwealth […] be made acquainted therewith and parties [?] unto. All [such?] matters // and things left default do [?] and are ready to maintain [?] and prove at this Honourable Court shall award. //

[End of Page]

Answer of Lord CRANBOURNE and Diana his wife

The joint and several answers of Charles Lord CRANBOURNE and the Lady Diana  his wife two of the defendants to the Bill of Complaint of William WESTON Esquire, Complainant.

The said defendants saving to themselves all benefit of exception to the [?] and insufficiencies in the said Bill of Complaint contained for full answer to so much there as // his answer concerns them this defendants to make answer unto they say that they do believe it to be true that James Earl of Dirleton in the Bill named (the defendant) the Lady // Diana’s Father  was in his life time lawfully seized in his demeasure as fee  of and in the Manor rectory and farm of Wanborough with appurtenances and of other // lands and tenements in the County of Surrey and of the Manor of Kidlands in the County of Northumberland. But whether the said Earl of Dirleton had pressing occasions to use money about May one thousand six hundred forty nine [1649] these defendants do not know how be it so they  say that they have heard and do believe it to be true // that the said Earl about that time did [borrow?] of the Complainant the sum two thousand five hundred pounds and did for security of repayment of the same by deed dated //  about the time in the Bill mentioned enrolled in this Honourable Court convey the said Manor Lands and premises in the Bill mentioned unto the complainant and his heirs upon // condition for the redemption as by the said Bill of Complainant is set forth and declared and that the days of payment in the said condition are past and that the monies have not // been paid according to the same but are still due unto the and that Complainant and the said manor and premises in strictness of Law are forfeited. And they these defendants  do confess // that the said James Earl of Dirleton is since dead and hath left Elizabeth Countess of Dirleton his relict and the defendant the Lady Diana and Elizabeth now wife of the late Duke Hambleton in // Scotland his only daughters and co-heirs but they these defendants do absolutely deny that they or either of them combined or confederated themselves or either of them with Richard // BLAGRAVE and Richard [?] or either of them tenants to the premises or part thereof or with any other person or persons whatsoever to defeat or deceive the complainant of the [?] // in the premises [?] the same unto themselves or have gotten unto their or either of their hands or custody or into the hands and [?] of any to their knowledge all or any of the // [?] [?] or writings [?] concern the premises or any part thereof or both parts of the several leases [?] made by the tenants aforesaid and do detain keep the same // from the complainant or do refuse to deliver the same but these defendants do confederated after the death of the said Earl of Dirleton they not knowing of any mortgage made of the said // Premises or any part thereof by the said Earl in his life time not [?] or concerning any such thing the said Earl being with [?] to be a mon not likely to borrow money // [?] [?] to mortgage any part of his estate. This defendant the Lord CRANBOURNE might of his […] inheritance the said Earl whether said other sister did enter in the Manor // Lands and premises in the Bill mentioned but not by any other [?] or […] And ever since hath till Michaelmas one thousand six hundred and fifty [1650] taken // part of the issues and profits of Wanborrow farm but not to any great value. But hath received nor profits of Kidlands in [?] hath been [?] by the said // Countess of Dirleton and her agents as he concerneth but her this defendant hath not yet cut or felled any timber trees growing upon the premises or any part thereof // though he contrieveth the same is lawful for him to so, the [complainant?] [?] being satisfied and paid such monies as are justly due unto him upon the said Mortgage // And these defendants say they do not know any thing to the contrary but that the said Earl of Dirleton had a good estate in the premises at the time of the making of the said // [conveyance?] unto the Complainant and good power to make and execute the same unto him the said Complainant nor do they know that the same was conveyed before unto them these // Defendants or any other person or persons whatsoever But these defendants do verily believe and so hope to prove that the monies so lent by the complainants // [?] [?] of the said premises as in the Bill is set forth was by the said Earl in his life time appointed to be paid in discharge of the said mortgage [?] by the // said Countess of Dirleton or some other by her privatity or knowledge in whose hands the money doth get [?] as they believe. And these defendants say that they are // informed by their counsel that they right in equity to the redemption of the premises as to one moiety in respect that the defendant the Lady Diana is Coheir // with the said other sister unto the said Earl of Dirleton their late father deceased but for what title or right the Countess of Dirleton or any doth make or set on [foot?] unto the // said premises concernetth not them these defendants in this their present answer (as they humbly conceive). And they do confess that they exhibited several // Bills in this Honourable Court for the redemption and settling of this of the premises according to their [?] right and title to the same. And these defendants do deny that they // or either of them [?] made or continued any [?] or others. Estates of the premises to the injury of the Complainants. And these defendants say // they are ready and will to pay unto the Complainant the monies due upon the said mortgage in such sort as this Honorable Court shall think fit if he the // said Complainant will thereupon convey unto them these defendants or to such as they shall nominate and appoint all and singular the said mortgaged premises // freed and discharged of all encumbrances done by him or any other claiming under him which offer they these defendants do make and will perform the same [for?] // such as this Honourable court shall appoint of the said Complainant shall think fit to accept of the same without that [?] any other matter or thing in the said Bill of Complainant // contained and not herein sufficiently answered transversed denied confessed or avoided All which matters and things they these defendants are ready to // Suffer and [prove?] as this honorable Court shall award pray for [?] to be dismissed with their costs and charges wrongfully sustained. //

[end]

 

Posted in Hamilton, Maxwell, National Archives Documents, Weston | Comments Off on C8/102/251

C9/8/24

Posted on March 25, 2016 by batemanm

National Archives file C 9/8/24 Description: Cranborne v. Exall

Contents

Bill of Complaint of Charles Lord CRANBOURNE. 1

Call to Answer of Robert EXALL etc. 2

The Several Answers of Robert EXALL etc. 3

The answer of Elizabeth Countess of Dirleton. 4

Call to Answer to Robert EXALL Etc. 6

Bill of Complaint of Charles Lord CRANBOURNE. 6

Further Joint and Several Answers of Robert EXALL etc. 8

Bill of Complaint of Charles Lord CRANBOURNE

Date:     February 1650

To the Right Honourable the Lord Commissioner for the custody of the great seal of England

Humbly complaining showeth unto your Lordship your daily Orator and Oratrix Charles Lord CRANBOURNE and his Lady Diana his wife that Whereas James MAXWELL Earl of // Dirleton in Scotland deceased (father if your Oratrix the Lady Diana) was in his life time seized of the Manor of Wanborough, Priory House of Guildford and // Guilford Park with the appurtenances lying and being in the county of Surrey. And he the said Earl being so thereof seized did about [seven?] years since as well // by Indenture of demise in writing as also by several leases [poll?]  demise rant and to farm, let several terms of years and from year to year unto // Robert EXALL, John CELLOR, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD William GILLAM, William LANYE, Walter REED, Thomas COBBETT, Thomas COOK and // John GILLAM respectively several parcels and quantities of the park called Guildford Park and other lands and premises belonging to the said manor // of Wanborough reserving by the said several and respective leases several yearly [?] payable half yearly or at some other time unto the said Earl of Dirleton // his heirs executors Administrators and assigns at some certain place  in the said leases expressed and agreed by virtue of which said several and respective //  leases the said several persons did enter into the several parcels of land thereby severally leased unto them and became thereof possessed and have severally enjoyed // the same ever since the making the leases aforesaid. And your Orator further show true the said James MAXWELL Earl of Dirleton about a year since being in // Scotland there died intestate about the month of May last after whose death Letters of Administration of the goods and chattels of the said Earl of Dirleton were // lawfully granted unto your Oratrix the Lady Diana she being the only issue of him the said sail Earl here in England with the said Letters of Administration your Orator and // Oratrix did produce and show forth in this Honourable Court by virtue whereof all the rents due and payable by the said parties before named and every of them upon // their several and respective leases before the death of the said Earl of Dirleton due of right belong And ought to be paid by the before mentioned persons and every of // them respectively unto your Orator in right of your Oratrix his said wife as Administrator of the goods and chattels of him the said  the said Earl of Dirleton but all the // being Due and payable by the said persons and every of them upon their said several and respective leases since the death of him the said Earl of Dirleton are due and of // Right do belong unto your Orator in right of his said wife as heir unto him the said Earl of Dirleton her father, but now be it is may please your Lordships // that the said Robert EXALL,  John CELLOR, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD William GILLAM, William LANYE, Walter REED, Thomas COBBETT, //Thomas COOK and John GILLAM having in their hands and unpaid as well several rents due upon the said several leases at Lady Day last past before the death // Of the said Earl as also the several rents due at Michaelmas last past upon the [?] being since the death of him the said Earl of Dirleton do absolutely refuse // to pay the same but by combination amongst themselves do endeavour defeat your Orator and Oratrix the [defendants] the said person and every of them // well knowing that your Orator and Oratrix cannot produce the Counter party of such leases as are in writing or prove the leases poll whereby so compel // payment of the said several rents by the rules of Common Law of England. And they the said before named persons and every of them do refuse to set forth and // declare what and how much rent they and every of them are by the said several leases bound to pay or to pay the same accordingly. In tender consideration // whereof and for that your Orator and Oratrix have not the counter parts of the said leases in writing nor can come the same nor can prove the leases poll nor knowing // The witnesses thereunto to make use of for recovery of the said rent at the Common Law in respect of the said Earl of Dirleton dying in Scotland [?] having not as // Yet gotten into their hands or custody the writings belonging unto him by reason whereof your Orator and Oratrix as absolutely not [outstanding?] at law // Otherwise [..] a Court of Equity in this Honourable Court to the end therefore that the said Robert Exall, John SELLOR, Richard HARWOOD, Christopher // HARWOOD, James BROMFIELD William GILLAM, William LANYE, Walter REED, Thomas COBBETT, Thomas COOK and John GILLAM and every of them may [?] and respectively // Upon their corporal oaths […] set forth and discover what lease or leases he or any of them have from the said Earl of Dirleton and of  what lands in particular // And what part or parts is performed there upon and what and how [present] is arrears and unpaid by them or any of them upon the same and that and every [?] // them respectively may by the order and decree of this honourable Court be compelled to pay the same unto your Orator and Oratrix and [?] according to equity and good // good conscience may it please your Lordship the premises considered to grant unto orator and Oratrix writs of subpoena and to be directed unto the said // Robert EXALL, John CELLER, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD William GILLAM, William LANY, Walter REED, Thomas COBBETT, Thomas // COOK and John GILLAM hereby commanding them and every of them by a certain day and under a certain pain there to be limited to [?] and // appear before your Lordship in the high Court of Chancery and further to stand and abide such order [?] and […] and every // the said premises as to your Lordship in equity and good conscience shall seem meet and just. And your Orator and Oratrix shall pray [?]. //

[End of Document]

[Next Page]

Call to Answer of Robert EXALL etc.

 

[..] of the liberty of England by the authority of Parliament. To John WESTBROOK, John LOUNDER, John MONGER, Ponnings MONGER // [..] BLAGRAVE and Richard WATTS Gentleman greeting whereas Charles Lord CRANBOURNE and his wife Countess //

[…] Bill of Complaint before [?] in the Court of Chancery against Robert EXOLL, John CELLER, Richard HARWOOD, Christopher // HARWOOD, James BROMFIELD William GILLAM, William LANY, Walter REED, Thomas COBBETT, Thomas COOKE and John GILLAM defendants. And whereas we have by your // […] lastly commanded the said defendants that they should appear before

[…] know that we much trusting to your fidelities have appointed you and by virtue of these defendants do give you or any three or // [..] If you full power and authority to examine diligently the said defendants upon the matter of the said Bill (the tenor thereof we send //  […] in these premises) And therefore we command you three or two of you that at such certain time and place as you // […] to the said defendants if they cannot conveniently come to you and diligently examine them upon their corporal // [oaths?] […] you three or two of you upon the Holy Evangelist touching the matter of the said Bill. And that you receive their // […] There unto and endure them written in parchment and when you have so taken them that you then send // […] [under] the seals of you three or two unto us in Chancery aforesaid without delay // whatsoever it shall then be together with the tenor aforesaid and this [?] // […] xxth day of April in the year of or Lord 1655.

[Next Page]

The Several Answers of Robert EXALL etc.

 

The [?] and several answers of Robert EXOLL, John CELLER, Richard HARWOOD, Christopher // HARWOOD, James BROMFIELD William GILLAM, William LANY, Walter READ, Thomas COBBETT, Thomas COOKE and John GILLAM defendants to the Bill of Complaint of the Right Honourable Lord Cranbourne and the Lady Dianna his wife Complainants.

The said defendants saving to themselves now and at all times hereafter all advantage and benefit of exception to the uncertainties and insufficiencies of the said Bill of // Complainant for answer thereunto say that they do not know that the rents of the lands in the Bill mentioned due at the death of the Earl of Dirleton in the Bill named // do belong to the Complainants as administrators of the goods and chattels of the said Earl of Dirleton. But saith that the right Honourable Elizabeth Countess of Dirleton relict of the said // Earl denies the [?] rents as reversion of the said earl.  And these defendants as [informed] that the same belong to her and not to the Complainants. And these Defendants also say they do // not know that the Complainants are entitled to the Lands in the Bill mentioned as thereby is set forth. But say that one William WESTON, [?] Hennage FINCH Esquire John PRIESTWOOD // And Henry PRAT do claim the same by [?] made by the said Earl of Dirleton in his life time. And also the said Countess of Dirleton claims an estate // The [..] from the said Earl of Dirleton so as these defendants know not to [?] of the said parties the [?] of the premises doth [?]. But are advised by // They [?] counsel the same being [?] of title is properly payable by the Common Laws. And these defendants say that the [?] and [?] of the Complainants Bill being to // discover what leases these defendants have of any parts of the premises for answer thereunto these defendants further say that they have several leases of several parties of // the premises. And are ready to pay thereabout to such of the said persons as shall have best title to the same. And do not intend to [?] any of them of any part of the said // [?] And the before these defendants offer that he complainants shall [?] they please at their costs and charges have copies of the several leases made to these defendants with their // [?] [?] that that any other matter or thing in the said Bill of Complainant [?] material or effectual in law for these defendants to answer unto and not // [?] hereby well and sufficiently answers unto confessed avoided transversed or denied is true. All which matters or things these defendants are ready to answer and prove // as this honourable court shall award. And humble pray [?] dismisses [?] reasonable costs and charges by [?] in this behalf most // [?] unjustly sustained.

The defendants [?] names are subscribed were sworn the 28th April in the year of our Lord 1651 at Guildford in the County of Surrey before us. […]

James BROMFIELD, Thomas COOKE, Richard HARWOOD his mark, John GILHAM, Christopher HARWOOD, Robert EXALL his mark, William GILHAM his mark, Thomas COBBET his mark, Walter READ, John CELLOR his mark.

 

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The answer of Elizabeth Countess of Dirleton

 

The several answer of Elizabeth Countess of Dirleton one of the Bill of Complaint of Charles Lord Cranbourne and the Lady Diana his wife Complainants

The said defendant saving to herself now and at all times hereafter all advantage and benefit of exception to the uncertainties and insufficiencies of the said // Bill of Complaint for answer unto so much thereof as she is advised is material for her to answer but saith that she believeth it to be truth that James // late of Dirleton this defendants husband deceased was in his lifetime lawfully seized of and in all and singular the manors land tenement and hereditaments // In the Bill of Complaint specified in his demeasure as of fee as by the Bill of Complaint is set forth. And this defendant saith that the said Earl by his indenture bearing // date on or about the four and twentieth day of May which was in the year of our Lord God one thousand six hundred and forty nine made between the said Earl of // the one part Heneage FINCH esquire, John PRESTWOOD and Henry PRATT in the said Bill of Complaint named on the other part in consideration of two thousand five hundred  // pounds therein mentioned to be by them paid unto the said Earl did bargain and sell all the lands tenements and hereditaments in the Bill mentioned to be  in Guildford // Stoke the parish of St Nicholas Compton and Worplesdon to the said Heneage FINCH esquire, John PRESTWOOD and Henry PRATT and their heirs which deed is enrolled in // this Court as this defendant believeth. And in another indenture of the same date made between the same parties and sealed and delivered together with the last mentioned // Indenture there is a provision to make void the first recited indenture upon payment of two thousand six hundred pounds at the end of six months then next following // (as by the last mentioned deed) (if it be produced) this defendant believes it will appear. And this defendant saith she believes the before mentioned Mortgage and deed were // made only in color and not money there upon really lent but were made to the persons before named and their heirs in trust for the said Earl of Dirleton and such // person and persons as he should dispose the same to. And this defendant further saith that she believes the said Earl of Dirleton by deed enrolled likewise in this // Court date the seventh day of May aforesaid and by another deed of the same date sealed and delivered together therewith did convey the Manor of // Wanborough and Kidlands and all the premises (not conveyed by the first mentioned deed) unto William WESTON Esquire in the Bill named and his heirs // Upon condition to be void upon payment of two thousand five hundred pounds with interest at several days therein mentioned some of which days of // Payment as now past which two thousand five hundred pounds this defendant believes was really lent the said William WESTON unto the said Earl of // Dirleton and the last mentioned premises really Mortgaged for servicing thereof and the same are (as this defendant believes forfeited in the said // William WESTON for non-payment of the said Mortgage money according to the condition. And this defendant saith the said James Earl of // Dirleton being entitled to the trusts of the first mentioned to be conveyed premises and to the equity of redemption and trust also of the last mentioned // to be mortgaged premises and continuing in her possession of all and singular the premises and having an intention to settle all the said premises (other // than the said Manor of Kidlands upon this defendant for term of her life for her better support and maintenance to that purpose He the said Earl // of Dirleton by his deed under his hand and seal in the presence of [?] credible witnesses [?] that whereas the said Earl long before and settled estates // this defendant in his lands of Innerwicke and Thirde of Dirleton being within Scotland and considering that much of the rents of the said lands // might happen to be diminished by reason of the extraordinary [?] and [?] and well remembering the defendant’s constant continued love and affection to him // did for this defendant’s better support and comfort in her widowhood and for many other good causes him thereunto [?] cite and grant as an additional // [livelihood] to this Defendant over and above the rents and profits arising out of the lands of Innerwicke and Thirde of Dirleton. And those his land tenements // and hereditaments commonly called or known by the names of the Manor of Wanborough, Priory House of Guildford and Guildford Park with their appurtenances // lying and being in the County of Surrey (being the same premises so mortgaged and conveyed to the persons afore named). To have hold and enjoy the // said Manor, Priory Park and appurtenances during the term of this defendant’s natural life to this defendant and her assigns without any manner of trouble // let molestation or interruption whatsoever as the said deed ready to be produced to this Honourable Court more [?] may appear by [?] // whereof and by other writings under her hand and seal of the said Earl her late husband this defendant is advised [..] // Well entitled to the equity of the said Manor Priory Park and premises and the redemption […] // Life accordingly [..] the said James Earl […] // That the said Complainant Diana Lady Cranbourne and Elizabeth […] // Earl of Dirleton and are entitled […] as this defendant [?] to the equity of the reversion of the premises so settled on this defendant and to the // Equity of the redemption of the said […] and other the lands mortgaged as aforesaid all the said Manor and lands being charged // [?] this defendant’s title of Dower and ought as this Defendant […] advised to contribute with this defendant accordingly to the value of their // respective [..] the said Manor and premises for Mortgage […] William WESTON as is aforesaid if they will receive any // benefits there after the […] this defendant. And this defendant denies that [?] or any other of [the] persons in the Bill named to her knowledge // do set on foot any other estate […] the premises by the said Earl of Dirleton then is afore mentioned or that any of the said Mortgagees have // made any estate to this Defendant or any other person or person to her knowledge but this defendant [?] they [?] compelled to answer the [same?] // [?] this defendant according to the said declaration intention and settlement of the said Earl of Dirleton and the Complainants to [?] in payment the // mortgage money to [..] the said mortgaged premises or otherwise that this defendant shall be admitted to redeem the same and // to hold the premises for satisfaction of the monies she shall pay the redemption thereof over and above the estate therein to her appointed as // aforesaid. And this defendant denies that there is or ever was any money in her hands to redeem the premises or any part thereof (other // than what is her own) neither doth this defendant know that there is any in the hands of any other person or persons for that purpose// Without that that any other matter or thing contained in the said Bill of Complaint material or effectual in Law for this defendant // to answer unto and not in and hereby well and sufficiently answered confessed avoided transversed or denied is true. All which matters and // things she this defendant is ready to [?] prove as this Honorable Court shall [?] and humbly prays to be from [?] dismissed with // her reasonable costs and charges in this behalf most wrongfully sustained. //

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Call to Answer to Robert EXALL Etc.

 

[..] of the liberty of England by the authority of Parliament. To John WESTBROOK, John LOUNDER, John MONGER, Ponnings MONGER Richard // […]WATTS greeting whereas Charles Lord CRANBOURNE and his wife have exhibited their Bill of Complaint before //

[?] Court of Chancery against Robert EXALL, John CELLER, Richard HARWOOD, Christopher // HARWOOD, James BROMFIELD William GILLAM, William LANY, Walter REED, Thomas COBBETT, Thomas COOKE and John GILLAM defendants. And whereas we have by your writ lastly commanded the said defendants that they should appear before // […] at the Court of Chancery at a certain day now past to answer the said Bill know the that we much relying on your [?] fidelities do hereby // [..] unto you or any two or more of you full power and authority diligently to examine the said defendant upon the matter of the said Bill then // [?] whereof we send you have enclosed. And therefore we command you or any two or more of you that at such certain time and // place as you shall appoint for [?] hereof you got to the said Defendant (if they cannot conveniently come unto you and diligently //

examine them upon their upon their Corporal oaths to be taken before you or any two or more of you upon the holy Evangelist touching // the matter of the said Bill. And that you receive the answered to be made thereunto and record the same into writing in parchment // And when you have so taken them that you the same distinctly plainly to us in the said Court of Chancery in three weeks after Michaelmas // next coming whereforever it shall be closed up under the seals of you or any two or more of you together with //[…] aforesaid and this writ witnessed ourselves at Westminster the eighteenth day of June in the year of our Lord 1651. [?].

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[Fold in document obscures some text – marked […]. Re-inspection of document at the National Archives may fill gaps]

Bill of Complaint of Charles Lord CRANBOURNE

 

To the Right Honorable Lord Commissioner for Custody of the Great Seal of England

1650

Humbly complaining showeth unto your Lordships your daily orator and Oratrix Charles Lord CRANBOURNE and the Lady Diana his wife. That whereas James // MAXWELL Earl of Dirleton in Scotland deceased (father of your Oratrix the Lady Diana) was in his life time seized in fee of the Manor of Wanborough, Priory House of Guildford and Guildford Park with the appurtenances lying and being in the County of Surrey. And the Earl being thereof seized did about four years since as well by several indentures // of [demise in] writing as also by several leases parcel demise grant and to farm let for several terms of years and from year to year unto Robert EXALL, John CELLER, Richard HARWOOD // Christopher HARWOOD, James BROMFIELD William GILLAM, William LANYE, Walter READ, Thomas COBBETT, Thomas COOKE and John GILLAM respectively several parcels and quantities of the said // Park call Guildford Park and other lands and premises belonging to the said manor of Wanborough reserving by the said several and respective leases several yearly rents payable // yearly or at some other time unto the Earl of Dirleton his heirs executors administrators or assigns at some certain place on the said leases expressed and agreed […] // Several and respective leases the said several persons did enter into the several parcels of land thereby severally leased unto them and became thereof possessed […] // since the making the leases aforesaid. And your Orators further show that the said James MAXWELL Earl of Dirleton about a year since […] // Month of May last. After whose death Letters of Administration of the goods and chattels of the said Earl of Dirleton […]//  Only issue of him the said Earl herein England which said Letters of Administration your Orator and Oratrix […] all the rents// Due and payable by the said parties before named and every of them upon their several and respective […] ought to be paid by the // Before mentioned persons and every of them respectively unto your orator […] of him the said Earl of Dirleton and all the // Rents due and payable by the said persons and every of them upon […] of Dirleton and due and [?] ought to belong unto your // Orator in right of his said wife as heir unto him […] Lordships that the said Robert EXALL, John CELLAR, Richard // HARWOOD Christopher HARWOOD, [James BROMFIELD William GILLAM, William LANYE, Walter READ], Thomas COBBETT, Thomas COOKE and John GILLAM having in their // Hands and unpaid[…] the death of the said Earl as also the several rents due at Michaelmas last past upon // The […] refuse to pay the same. But by combination amongst themselves do endeavour to defeat your Orator and // [Oratrix] […]  that your Orator and Oratrix cannot produce the Counterparts of such leases are in writing or prove the leases // […] by the rules of the Common Law of England. And they the said before named person and every of them do refuse to // […] they and every of them are by the said several leases bound to pay or to pay the same accordingly. In tender consideration whereof and for // […] not the counter parties of the said leases in writing nor can come by the same nor can prove the leases parcel not knowing the witnesses thereunto // […] for the recovery off the said rent at the Common Law in respect of the said Earl of Dirleton dying in Scotland they having not as yet gotten into their hands or custody the writings // belonging unto him by reason whereof your Orator and Oratrix be absolutely without remedy at law or otherwise save only by a course of Equity in this Honourable Court. To the end therefore that // the said Robert EXALL, John SELLAR, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD, William GILLAM, William LANY, Thomas COBBETT, Thomas COOKE and John GILLAM and desire // of them may severally and respectively upon their corporal oaths answer the premises as set forth discover what lease or leases they or any of them have from the said Earl //of Dirleton of what lands in particular and what rent or rents is referred thereupon and what and how much rent is in arrears and unpaid by them or any of them upon // the same and that they and every of them respectively may by the order and decree of this Honourable Court be compelled to pay the same to your Orator and Oratrix according // to equity and good conscience. May it please your Lordships the premises considered to grant unto your Orator and Oratrix writs of subpoena to be directed // unto the said Robert EXALL, John SELLER, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD, William GILLAM, William LANY, Walter READ, Thomas COBBET, // Thomas COOKE and John GILLAM thereby commanding them and every of them by a certain day and under a certain pain [?] to be limited to [?] and // appear before your Lordship in the Court of Chancery and further to stand and abide such order judgement and decree touching all and every the // said premises as to Lordships in equity and good conscience shall seem meet and just. And your Orator and Oratrix shall Pray. // John JOHNSON.

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Further Joint and Several Answers of Robert EXALL etc.

 

The further joint and several answers of Robert EXOLL, John SELLAR, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD William GILLAM, Walter READ, Thomas COBBETT, Thomas COOKE and John GILLAM defendants to the Bill of Complaint and exceptions of trial Lord Cranbourne and the Lady Dianna his wife Complainants

All said defendants and every of them saving to him and themselves now and at all times hereafter all advantage and benefits of exception to the uncertainties and insufficiencies of the said Bill of // [Complaint?] as in their former answers they have saved and reserved although they are advised by their Counsel learned that they have already sufficiently answered the Complainants Bill yet for the said Complainants’ // further satisfaction in the [premises?] excepted unto and to prevent further trouble to this Honorable Court and to these defendants They these defendants say and each of them for [?] severally and apart from each other saith // as following.

And this the defendants EXALL and John SELLOR for themselves say that by indenture bearing date the twentieth day of March in the three and twentieth year of the reign // the late King Charles over England made between James Earl of DIRLETON by the name of James MAXWELL esquire of the one part and [?] defendants Robert EXALL and John SELLAR of the // other part the said Earl did demise let and to farm  let to [?] last named defendants six closes or parcels of land and pasture with the appurtenances called Grostle lands containing by estimation three score and seventeen acres be the same more or less and a barn thereupon standing in the parish of St Nicholas in the county of Surrey from Michaelmas then last past for seven years at the yearly // rent of forty six pounds four shillings payable to the said Earle his heirs and assigns at the feasts of the annunciation of the blessed Virgin Mary and of St Michael the Arch Angel by equal portions [?] […] the Capital // Messuage called the [Friary?] in Guildford aforesaid.

And further the said defendant John SELLAR for himself saith that in and by an indenture bearing the date the twentieth day of March in the three and twentieth year of the // said late Kings reign made between the said Earle of the one part and this defendant John SELLAR of the other part the said Earl did demise to this defendant all those two closes or parcels of land and // pasture containing by estimation nine acres lying and being in Worplesdon in the said county of Surrey from Michaelmas last past for seven years at the yearly rent of five pounds eight shillings // payable to the said Earl his heirs and assigns at the Capital Messuage aforesaid at the feast of the Annunciation and of St Michael the Arch Angel  aforesaid.

And [?] said defendant Richard // HARWOOD for himself saith that in and by an indenture bearing date the twentieth day of November in the two and twentieth year of the said late Kings reign made between the said Earl by the name // of James MAXWELL esquire one of the part and this defendant of the other part that the said Earl did demise unto this defendant all those five closes or parcels of land and pasture with the appurtenances in Worplesdon aforesaid //  Whereof containing eight acres another fifteen acres another eight acres , another nine acres, another nine acres and a half from Michaelmas last past for seven years at the yearly rent of twenty // Nine pounds fourteen shillings payable therefore to the said Earl his heirs and assigns at Lady Day and Michaelmas at the Capital Messuage aforesaid by equal portions.

And the said Defendant Christopher HARWOOD // For himself saith that in and by an indenture bearing date the twentieth day of November in the two and twentieth year of the said late Kings reign made between the said Earl by the name of // James MAXWELL esquire of the one part and this defendant of the other part the did demise unto this defendant All those three closes or parcels of land and pasture with the appurtenances containing by estimation // Twenty acres lying and being in Worplesdon aforesaid in the said County of Surrey from Michaelmas last past for seven years at the yearly rent of thirteen pounds and three shillings payable // to the said Earl his hers and assigns at the Capital Messuage aforesaid at the feast of the Annunciation and of St Michael the Arch Angel aforesaid by equal portions.

And the said Defendant // James BROMFIELD for himself saith that in and by an indenture bearing date the twentieth day November in the two and twentieth year of the reign of the said late King made between // the said Earl by the name of James MAXWELL esquire of the one part and this defendant of the other part the said Earl did demise unto this defendant All those five closes or parcels of land and pasture with // the appurtenances containing by estimation one and twenty acres lying and being next Worplesdon Wood in the said County of Surrey from Michaelmas then last past for one and twenty years at the yearly rent of // Thirteen pounds four shillings payable to the said Earl his heirs and assigns at the at the Capital Messuage aforesaid at the feast of the Annunciation and of St Michael the Arch Angel aforesaid.

And // the defendant Thomas COBBET for himself saith that in and by an indenture bearing date the twentieth day of November in the two and twentieth year of the said late Kings reign // made between the said Earl by the name of James MAXWELL esquire of the one party and this defendant of party the said Earl did demise unto this defendant all those closes and parcels of land and pasture // containing by estimation seventeen acres and lying and being in Worplesdon aforesaid in the said county of Surrey from Michaelmas then last past  for seven years at the yearly rent of ten pounds and // seven shillings payable to the said Earl his heirs and assigns at the Capital Messuage aforesaid at the feast of the annunciation of St Michael the Arch Angel aforesaid by equal portions.

And the // said defendant John GILLAM for himself saith that in and by indenture bearing date the twentieth day March in three and twentieth year of the said late King’s reign made between the // said Earl by the name of James MAXWELL esquire of the one party the said Earl did demise unto this defendant all those two closes or parcels of land and one containing // by estimation fifteen acres and the other seven acres lying and being in Stoke and all the parcel of meadow called the Great Meadow containing by estimation fifteen acres lying and being in Stoke aforesaid in the said // county of Surrey from Michaelmas then last past for seven years at the yearly rent of forty-two pounds ten shillings payable to the said Earl at the Capital Messuage aforesaid // at the said feasts of the annunciation and of St Michael the Arch Angel equally.

And the defendant William GILLAM for himself saith that this defendants lease was [?] to writing but never sealed //   and was by the said Earl agreed to be made of certain lands called the Fox Berries and the Goose lakes parcel of Guildford Park and was to begin from Michaelmas in the two and twentieth//  Year of the reign of the late King Charles and to continue for seven years at the yearly rent of twelve pounds and twelve shillings payable at our Lady Day and Michaelmas equally at the place aforesaid.

And this // Defendant Walter READ for himself saith that this defendants lease was reduced to writing likewise but was not sealed and was by the said Earl agreed to be made of certain land parcel of Guildford Park containing // about eighteen acres from Michaelmas in the said two and twentieth year of the said late Kings reign for eleven years at the yearly rent of ten pounds sixteen shillings payable at the feasts // and place aforesaid.

And the said Thomas COOKE for himself saith that this defendant’s lease was reduced to writing likewise but was not sealed and was by the said Earl agreed to be made of certain // lands called Wanborough Coppice [?] and certain arable grounds thereunto belonging from Michaelmas one thousand six hundred forty-eight as the defendant [?] and was to continue one and twenty // Years at the yearly rent of forty two pounds but the defendant not agreeing to the said rent […] this defendant [but?] but forty pounds per annum for the same on //  [Account?] respectively these defendants shortly after [?] […] Lady Day last past before the death of the said Earl which all these // Said rents as administrators to the said Earl in right of the Lady Dianna which [?] these defendants say hath since by virtue of a commission of Appeal directed to diverse judges delegates [?] names // Been recorded as unduly granted to the Complainants so as they have [?] these defendants rent without any [?] title as these defendants are advised and have made these defendants liable to many // Suits and troubles by reason thereof.

And the said defendant READ saith that he hath paid his half years rent to the Countess of DIRLETON to [?] [?] the same doth belong to the Complainant Letter // Of administration being records and he satisfied that the said Earl of DIRLETON made a Will and the said Countess his executrix.  And each of these defendants other than the defendant COOKE for himself saith // That their rents grown due since the Earl’ death vitz at Michaelmas and at one Lady Day last past they the said defendants have paid and secured to pay to the said Countess of DIRLTON to [?] the same // Lands leases to these defendants are conveyed and to upon the rents by law do belong as these defendants and by their learned Counsel […] advised and the complainants // have no title thereunto at all as these defendants do conceive. And the said defendants COOK for himself saith that he hath paid his rents grown due since the Earl’s death to wit [..] // Esquire to whom the said lands [?] mortgaged and forfeiting and to whom this defendant is liable by law to pay the same as he by his Counsel is advised. And each of these […] // Severally saith that [?] no other lands of the said Earl by lease or otherwise or in any other manner than is before set forth without […] // [?] Bill of Complainant contains material or effectual in the law for the said defendants to answer unto and not in and hereby well and full […] // [?] All which matters and things these defendants are ready to [?] and prove as this Honourable Court shall answer […] // […expenses and charges] in this behalf most wrongfully sustained. //

[End of document]

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C7/85/147

Posted on January 12, 2016 by batemanm

tbc

Posted in Bradfold, National Archives Documents | Comments Off on C7/85/147

C5/353/38

Posted on January 6, 2016 by batemanm

National Archives file C5/353/38

Answer of Robert HERBERT

The Several answer of the Honourable Robert HERBERT Esquire an infant under the age of one and twenty years by the right Honourable Thomas Earl of Pembroke his father and guardian one of the defendants to the Bill of Complaint of James CLIFTON Gentleman one of the executors of the Last Will and Testament of John BIGNOLD Gent. deceased Richard MEEDEN, Lawrence LEDGER and William JEWER, John FOWKES, John RUSSELL and John BUXALL Complainants.

This defendant saving and reserving to himself now and at all times hereafter the benefit and advantage of // exceptions to the manifold uncertainties insufficiencies and imperfections in the Complainant’s said Bill of Complaint // contained for answer thereunto or unto so much thereof as this defendant is advised materially concerns him to make answer // unto He saith he believes it may be true that John BIGNOLD the father in the said Bill of Complaint named was in // his lifetime seized in fee or of some other estate of inheritance according to the customs of the Manor of Alta Clera alias // High Clere alias Burgh Clere in the County of Southampton [Hampshire] in the Complainant’s Bill mentioned of and in several // copyhold messuage lands and tenements held of the said manor. But whether the said John BIGNOLD // made any such Will in writing and thereby devised the said Copyhold messuages lands and tenements for // Such purposes as by the said Bill is set forth this defendant doth not know but refers himself to such Will when the same // shall be produced and proved. And this defendant confesses that he this defendant is Lord and Owner of the said Manor // of Alta Clera. But this defendant doth not know nor hath he had any notice but by the Complainants said Bill of // Complaint that the said John BIGNOLD made any surrender of the said Copyhold premises or any part of them to the use of // his Last Will and Testament. And whether the want of such surrender according to the custom of the said manor or if // any surrender was made and not duly taken by the Steward or Tenants of the said manor whether such defect // ought to be supplied in a Court of Equity or not or whether this defendant ought or ought not to admit the [?] // Of the said Will to hold the said Copyhold premises according to the devise alleged to be in the said Will. Or whether this // Defendant shall be compelled so to do he this defendant humbly submits himself therein and upon the matter to the // Judgement of this Honourable Court and shall be ready and willing to act and do in that behalf whatever // shall be decreed and directed by this Honourable Court and humbly craves the care and protection thereof that the // Defendant’s said manor and his estate therein may not be prejudiced by any direction that shall be given in this cause // And have his usual fine and costs of this suite before either party be admitted to the premises in question. And // This defendant denies all and all manner of unlawful confederacy or combination charged against him in and by the // Said Bill of Complaint Without that that any other matter or thing in the complainant’s said Bill of Complaint contained // material or effectual in the Law for him this defendant to make answer unto and not herein and hereof well and sufficiently // answered unto confessed or avoided transversed or denied is true. All which matters and things this defendant is and shall be // ready to [?] justify maintain and prove as this Honourable Court shall award and humbly prays to be hence dismissed with // his reasonable Costs and Charges in this behalf most wrongfully and without just cause sustained.

Wm ETTTRICKE

[end]

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C24/1275

Posted on January 4, 2016 by batemanm

National Archives file C24/1275

Leonard CHILD [?] Henry CLIFTON

29 July 1706

Interrogatories exhibited for the examination of witnesses on the part and behalf of Meliora WESTON widow and John WESTON Esquire plaintiffs against Mary PICKERING Widow Defendant

Imprimis

  1. Does the said plaintiffs or either and which of them, and for how long have [?] so [?]. Declare.
  2. Whether or not did you know the late husband of the plaintiff Meliora WESTON. If yea for how many years before his death did you know him and what was his name and where did he dwell and whether had he any and what issue by the said Meliora and who is their son and heir or heir at law. And who is son and heir apparent to the said plaintiff Meliora. Declare.
  3. Whether do you know the Capital Messuage called Smallwood Hall and the Manor of Loff of Marchington in the County of Stafford. If yes, for how long have you known the same. And who has enjoyed the same or received the rents and profits thereof during your remembrance. And who is now in the possession thereof as you know or believe. Declare.
  4. What other matter or thing do you know or can depose for the benefit or advantage of the plaintiffs or either of them. Declare yourself at large with your reasons and circumstances.  [?]

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29th January 1706

Weston ag Pickering[1]

Henry CLIFTON of the parish St. Sepulchre London Cloth worker aged at 34 years being [produced?] and [?]

  1. That this defendant hath for 22 or 23 years last past known the Complainant [Melior?] WESTON[2] and John WESTON Esquire but does not known the defendant Mary PICKERING widow and more saith not to this interrogatory.
  2. That this defendant know the late husband of the Complainant [?] for 15 years and upwards before his death and the [?] name was Richard WESTON and he did dwell at Sutton Place in the County of Surrey. And this defendant saith the said Richard WESTON never had any son by the said Melior but the Complainant John WESTON that this defendant knows or doth believe but has several daughters by her and this defendant saith that the Complainant John WESTON is son and [?] heir at law the said Richard WESTON and [Melior] his wife and he is also son and heir apparent [to the] said Complainant Melior and saith not to this interrogatory.
  3. That this defendant [?] actually [?] was upon the Capital Messuage called Smallwood Hall the manor in [Lyons?] of Marchington in the County of Stafford. And this defendant saith that the Complainant Melior WESTON is now in possession of the said premises as this defendant doth verily believe and this defendant saith that ever since the death of the said Richard WESTON to wit for all […] rents and profits thereof by order of the complainant Melior and hath […] that the said Richard WESTON was for several years before his death in possession of [?] […] rents and profits thereof and […] and saith not to this interrogatory.

Henry CLIFTON

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29 January 1706

[?] Melior WESTON and John WESTON [..] Marian PICKERING […]

Leonard CHILD of Cliffords Inn London Gentleman aged 47 years or thereabouts being produced and [saith?]

  1. That this defendant hath for many years last past known the Complainant in the title of the interrogatory named but does not know the defendant Mary PICKERING and more saith not to this interrogatory.
  2. That this defendant well knows the late husband of the Compliant Melior WESTON for 20 years and upwards before his death and saith that his name was Richard WESTON and that he de did dwell at Sutton Place in the County of Surrey and this defendant saith there the said Richard WESTON had not any son to this defendant’s knowledge or hat this defendant ever heard of but the said Complainant he had several daughters and defendant saith there the said Complainant John WESTON is son and heir in law of the said Richard and Complainant Melior  and he is also heir apparent to the Complainant Melior and  more saith not to this interrogatory.

 

Leo CHILD

[1] Possible Chancery C6/504/19 Weston v Pickering. : bill, answer, affidavit.

[2] Richard V Weston (d.1701). Married Melior Nevill, da. of William Nevill of Holt, Leicestershire.

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C5/419/79

Posted on December 2, 2015 by batemanm

National Archives File C5/419/79

Answer of Thomas STUDWICKE of London

 

The Several Answer of Thomas STRUDWICKE of London Grocer one of the defendants to the Bill of Complainant of Jane CLIFTON Widow Complaint

1660

All advantages of exception to the manifold uncertainties insufficiencies and other apparent imperfections of the said Complainants Bill of Complainant now and at all times hereafter saved and reserved to this defendant. And for a full and perfect answer to so much as concerns him make any answer // thereunto this defendant sayeth that true it is that Henry STRUDWICKE in the Bill mentioned deceased was Brother to him this defendant but whether the complainant be executor administrator to John CLIFTON in the bill mentioned or what transactions were between the said Henry STRUDWICKE and John CLIFTON concerning // the loans of money or otherwise or concerning any security given as by the Bill is pretended this defendant knows not but is a mere stranger thereunto. And saith that he believes the said Henry STRUDWICKE died about the time as by the bill is observed and that his three daughters were disposed in marriage in his // life time but how well this defendant cannot say and that his son is about the age in the Bill expressed but what estate real or person the said Henry STRUDWICKE left or to what value this defendant knows not but is likewise a mere stranger thereunto but hath heard and doth believe that the same // Is not sufficient to satisfy such [?] debts as he the said Henry was engaged to pay. And this Defendant doth deny all manner of combination confederacy or undue practice whatsoever with Richard STRINGER Philip TULLET Henry YOUNG and William STRUDWICKE in the Bill mentioned or with any of them or with // any other person or persons whatsoever to any such or other purposes as in the Bill Mentioned is falsely and scandalously suggested. And absolutely denies the having [?] intermeddled with any the estate of the said of the said Henry other than this defendant doth confess that for and in consideration of one penal bond of the sum if twelve // hundred pounds wherein this defendant became bound as security with the said Henry STRUDWICKE unto one Thomas ASPLY conditioned for payment of the sum of six hundred and eighteen pounds of like money at a day long since past. As also for and in consideration of the sum of one hundred and fifty pounds lent unto this // Said Henry to be repaid with interest he the said Henry STRUDWICK by his indenture bearing date in or about the second day of day in the year of our Lord one thousand six hundred fifty two [1652] did convey unto this defendant and his heirs and assigns all that his messuage and farm and all those lands and tenements // and hereditaments called Foxbridge Strudwicke lands alias Preist and Chapel field or by any or other name or names or by any other name or names whatsoever situate lying and being in Kirdford in the County of Sussex. And all other the messuages and lands tenements and hereditaments // of him the said Henry late purchased to him and his heirs of William STRUDWICKE of Hill Green in the parish of Kirdford aforesaid and of Henry STRUDWICKE his son together with his barns and buildings in Plaiste in the parish of Kirdford aforesaid with the appurtenances which this defendant [?] // is lawful for him to enjoy. But doth again deny the ever having enjoying or intermeddling with any other the estate belonging to the said Henry STRUDWICKE nor [?] that any other the defendants by confederacy or otherwise hath so done without that any other mater or thing // material or effectual in the law to be answered unto by this defendant and not herein and herby confessed or avoided transversed or denied or otherwise sufficiently answered unto is true to the knowledge of this defendant. All which this defendant is ready to answer maintain and prove as this // Honourable Court shall award. And humbly prays to be hence dismissed with his reasonable costs and charges in this behalf wrongfully suffered. //

William BEVERSHAM

[end]

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C9/75/74

Posted on November 6, 2015 by batemanm

National Archives C9/75/74

Contents

Bill of Complaint of Thomas and Elizabeth COLEMAN.. 1

Bill of Complaint of Jane CLIFTON.. 2

Answer of Henry CLIFTON to the Bill of Complaint of Jane CLIFTON.. 4

Answer of Henry CLIFTON Schedule. 6

Further Answer of Henry CLIFTON.. 8

Bill of Complaint of Beatrix CLIFTON.. 9

The several answer of Henry CLIFTON to Bill of Beatrix CLIFTON.. 11

Bill of Complaint of Henry CLIFTON.. 13

Bill of Complaint of Henry CLIFTON.. 15

Answer of Jane CLIFTON to the Bill of complaint of Henry CLIFTON.. 15

 

[C9/75/43]

Bill of Complaint of Thomas and Elizabeth COLEMAN

15 June 1681?

Humbly complaining showeth to your Lordship your Orator and Oratrixes Thomas COLEMAN of Saxmundham in the County of Suffolk In holder and Elizabeth his wife Ann WATLING of an // Saxmundham aforesaid spinster Robert LILLY of [blank] in the said county yeoman and Mary his Wife Cousin and co heirs of Rose late the wife of Thomas CHANDLER // their late aunt deceased that Robert DABY deceased your Orators late Grand Father was in his life time and at the time of his death seized in his demeasure as of fee of and in one // messuage and sixty acres of land meadow and pasture with the appurtenances in [..stead] Chediston and else in the county of Suffolk part whereof freehold and part copyhold and ponay so // seized thereof died intestate after whose death the descended and came as the same ought of right to descend and come to Elizabeth your Oratrix’s mother. And that the said // Rose your Oratrixes Aunt as the only daughters of and co heirs to the Robert DAVY the one moiety thereof after the death of your Oratrix’s Mother descended and

.. Aunt inter marry with the said Thomas CHANDLER by whom she had issue which died before the said Rose and that afterwards died without issue of // her body living at the time of her death by and  after whose death the other moiety thereof descended and came as the same ought of right to descend and [?] // to your orators in reversion expectant upon

 

 

 

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[C9/75/74]

Bill of Complaint of Jane CLIFTON

Humbly complaining showeth to Lordship your Oratrix Jane CLIFTON of Shere in the County of Surrey widow and relict of John CLIFTON late of Worplesdon in the said County of Surrey deceased that the // said John CLIFTON having in the year one thousand six Hundred fifty nine [1659] made his Will in writing and thereby devised to your Oratrix a messuage and lands with the appurtenances called // [?] Cobbett Moore and Great Moor lying [?] in Worplesdon and Ash in the County of Surrey aforesaid for her life payment there out thirty pounds per annum t her son Henry CLIFTON as in and by the said // Will bearing date on or about the four and twentieth day of November in the said year one thousand six Hundred fifty nine [1659] amongst other things to which your Oratrix // for more certainty refers herself doth and may appear after whose death your Oratrix entered upon the said premises and held and enjoyed the same for the space of four years or // Thereabouts and until such time as the said Henry CLIFTON desired to take a lease of the same as hereafter is set forth during all which time from the death of her said husband to the time of the // Same agreement your Oratrix duly paid the rent of thirty pounds per annum to the said Henry CLIFTON or gave him in lieu thereof his board and maintenance and the keepings of all those for which he // made not other satisfaction nor could so do he having no other maintenance or [?] then left him to live upon. And he was therewith well enough satisfied and contented. And your Oratrix showeth // that the said Henry CLIFTON desirous of employment did request your Oratrix to agree with him and let him lease of the said premises [?[ to make over all your Oratrix’s stock cattle and [?] to him which // she agree unto and take upon in or about the month of April in the year of our Lord one thousand six hundred sixty and three [1663] and then your Oratrix did let a lease of the said premises (excepting only // One [?] for her own [?] for one and twenty years if she should so long live [?] and paying a token the yearly rent of thirty pounds during the said tenure over and above // The said thirty pounds annuity although the said premises were rare worth one hundred pounds per annum and upon so payable to the party and an inventory and appraisement was then made // of the stock which amounted unto [?] hundred four score and six pounds or thereabouts as she remembers which she made over to the said Henry CLIFTON and to take his bond of the // Penalty of four hundred pounds for payment of the said sum. And there was no other sum or sums of money [?] [?] agreed to be formed by the said bond save only the value of the // Said stock and goods. And your Oratrix immediately departed from the said Henry and he entered upon the premises and enjoyed the same and the stock. And soon after the said Henry CLIFTON came to your // Oratrix where she had been since that time and desired her to be his housekeeper which she agree unto so as her younger son James CLIFTON and Beatrix her daughter might live her. And // thereof [?] was agreed between them that they should and that your Oratrix in consideration should only [of it ?] set the said rent thirty pounds per annum [required?] by the said lease during // such time as they should live the said Henry CLIFTON and upon those [?] only your Oratrix as he refers or [?] with her said son and daughter with him the said Henry // CLIFTON and they did do [?] work as servants for the space of above four years or thereabouts. And your Oratrix showeth that she finding the said Henry not so [?] and respectful to her // as he ought to have been and being [?] she was therefore interested to be take herself with her said son and daughter to some other place of aboard which they did and [?] [?] // of rent sixteen pounds per annum rent which rent the said Henry CLIFTON out the said thirty pounds per annum payable to your Oratrix sometimes paid and would now and then pay twenty  // [pounds?] and forty shillings at a true and [?] sum [?] and some other small matters but your Oratrix could never get him to come to any account so that she never had the // are full rent of thirty pounds per annum paid but the said Henry is now indebted to your Oratrix for the arrears of the said rent one hundred pounds or thereabouts and // Your Oratrix [?] his unfaithful dealings was forced to commence an action at law for the said rent which [?] to a trial because your Oratrix as her occasion required // Did send for a full of money which amounted to half a year’s rent. Although there was in arrears about four score pounds as the said Henry well knows [?] without // further [?] your Oratrix was advised not to proceed he the said Henry taking the advantage thereof and improving the same so [far?] as that it should be thought […] // All that was due when as the truth is and so he well knows your Oratrix did not such [?] from year to year receive the said rent of thirty pounds per annum to the time // [?] of the said half years but only rent for a sum of money as she has occasion for there being really due to your Oratrix at the same time the sum of [?] pounds // As aforesaid. And now it is may it please your Lordship that the said Henry CLIFTON not withstanding he well knows the premises to be true doth refuse to pay to Oratrix what is // so rightly due as aforesaid and intend to take advantage of the said demand and of other half yearly rent since paid at the [?] day although he well knows they were not demanded // Nor payment in full of all arrears nor could be all the arrears before that time being never paid or satisfied in any manner whatsoever nor will the said Henry CLIFTON // Come to arrangement with your Oratrix and discover what payment unto he hath really and truly made and paid to your Oratrix or for upon her account by her [?] side and // Account [?] will discover he with much of the said rent is really and truly due and in arrears or by what wages or means he doth discharge himself of the [?] or however in what manner // and what sums and at what times and to whom he hath paid the same and designs to make an advantage to himself doth pretend payment of several debts of Oratrix and her said // Husband’s. And that the said board of her the sin and daughter was to be offset upon the said bond and rent and that at her request and promise to make satisfaction her [?] [?] [?] // as in truth he never paid any debts that your Oratrix was [?] for either as his executor or otherwise nor did by any agreement with your Oratrix or any other but the same // was done upon his own account. And the said Henry pretended he paid the debts of several upon your Oratrix [?] whereas if he paid any he was bound for the same // Himself and your Oratrix never made any promise or had any reason so to do. And he the said Henry CLIFTON that and received upon account of your Oratrix more then what would // Pay and satisfy what he justly expended for your Oratrix upon any account and above the said rent due as aforesaid intended consideration whereof and for as [?] your Oratrix cannot // but by the oath of his said Henry CLIFTON make a true and perfect [?] of the premises he well knowing in the conscience that the premises are true, her witnesses that could prove // the same being either dead or in places [remote?] To thence therefore the said Henry CLIFTON may true and perfect answer make to all and singular the premises may set forth for him // Particular whether he was paid and satisfied all the rent of thirty pounds per annum from his father’s death to the time of said agreement and lease made as aforesaid or what place and // when and whether he did not board with your Oratrix and had he [?] at the charge of your Oratrix and [?] and as occasioned had cloths and money from her or whether // he had any other maintenance and from whom and whether he ever paid her in money and what for his board and maintenance may set forth whether at the time of the said agreement // Lease and bond made as aforesaid there was then any other thing in demand or was any other thing demanded and whether the said bond was entered into for more money // than was really one and what was the consideration of the said bond and to then your Oratrix may be relieved in the premises according to equity may it please your good // Lordship the premises consider to grant unto your Oratrix his Majesty’s most gracious writ of subpoena to be directed to the said Henry CLIFTON thereby commanding // him at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in the High Court of Chancery to answer the premises // and further stand to and abide such order therein as to your Lordship shall seem meet. And your Oratrix shall pray.     //

 

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Answer of Henry CLIFTON to the Bill of Complaint of Jane CLIFTON

 

The answer of Henry CLIFTON gent defendant to the Bill of Complaint of Jane CLIFTON widow Complainant

May 1676

The said defendant saving to himself all benefit and advantage of exception to the uncertainties and insufficiencies in the said Bill appearing for answer to so much thereof as he is advised materially concerns this defendant // answer unto. Saith that he believes that John CLIFTON this defendant’s late father deceased did about the time in the Bill make his last Will and Testament in writing and thereby devise to the Complainant his lands // In Worplesdon and Ash for her life paying thereout to this defendant thirty pounds per annum as by the said Will (amongst other things) whereunto this defendant for more certainty refers himself may appear. And that // said complainant held and enjoyed the said lands together with a close called Little Burchy Field containing by estimation purchased of Robert [Rinworth?] land about twenty [?] // and for which the Complainant ought to be answerable to this defendant) until she let a lease thereof to this defendant which she did about the time in the Bill of Complaint for that purpose mentioned [But?] // this defendant denies that the Complainant paid the said thirty pounds to this defendant or any part thereof or gave any satisfaction for the said close called Burchy Field but the same was due in arrears to this defendant [at]  // The time of making the said lease. And this defendant saith that at the complainants request and by her desire he did during the time aforesaid manage and take care of the said Complainants affairs and of several suits // Late commenced by and against the Complainant in which and upon other occasions of the places this defendant disbursed several sums of his own money which he was not reimbursed by the complainant. And this defendant acknowledges that // he lived in the house with her and had his diet there but this defendant kept not any house to the best of this defendants remembrance but made use of one of the Complainant’s house as often as the Complainant occasions [?] // him to London or elsewhere. And this defendant doth contrive that he did by such his service and [care?] of the said Complainants affairs well [deserve?] his diet and board with a such recompense for the same. And this // Defendant doth also acknowledge that the complainant let him a lease of the said premises in Worplesdon and Ash (except as therein is excepted at the rent of thirty pounds per annum payable to the complainant over and // above the said annual sum of thirty pounds due to this defendant there out by the said Will as aforesaid and also sold to this defendant by appraisement several goods chattels corn upon the ground and other things in // Inventory thereof particularly mentioned which by the said appraisement amounted to two hundred twenty six pounds thirteen shillings or thereabouts and this defendant also [?] the time aforesaid bought // timber trees then standing and growing in Cobbetts Moore and Great Moore devised by the Will of the said John CLIFTON this defendant’s father to or to the use and [?] Complainant at sixty pounds which // be [?] to the said two hundred twenty pounds thirteen shillings the said stock and goods were appraised as aforesaid amounted in all to two hundred twenty six pounds thirteen shillings or // thereabouts for servicing the payment whereof to the complainant this defendant gave a bond to her [about?] the time in the Bill mentioned for the penalty of four hundred pounds and this defendant saith // that both the said sums as well for the said stock as for the timber aforesaid were included in a [?] secured by the said bond and not the value of the said stock  [?] as the [?] by her Bill […] // same amounting by appraisement to no more than two hundred twenty six pounds thirteen shillings or thereabouts as aforesaid but if [?] at the entering into the said [bond] declared an so [?] // and consented unto by the said complainant that what monies were then arrears and due to this defendant of his said Annuity or what other ways be one laid out by [?] for her the Complainant // Should upon account be allowed and go towards satisfaction of the said bond and it was justified reasonable as this defendant [?] so to be in [?] defendant [?] to so to be in regard this defendant [?] not received a penny of [the] // said annuity and had disbursed several sums for her as aforesaid. And this defendant saith that [the] Complainant soon after her letting of the lease to this defendant as aforesaid moved her [?] // Until one thousand six hundred sixty and five [1665] as this defendant taketh it to the house of James BIGNOLD one of her grandchildren and boarded there but soon after she said Complainant […] // Desire returned to the defendants house at Worplesdon to board with this defendant together with her other son and daughter the brother and sister of this defendant and continued [there for?] // Four years at this defendant taketh it. And this defendant denies that there was any such agreement between the Complainant and this defendant to out set the said [?] in respect of their said // Board as in the bill set forth or that the complainant was this defendant’s housekeeper or that there was any agreement that should so be or that she or her said daughter did any work [?] // for this defendant further or other then as themselves pleased but in the contrary this defendant kept several servants to do his business and to wait and attend upon him also […] // Saith that the complaint was to give and allow to this defendant what their said board should be reasonably worth and this defendant saith that the same was well worth […] // Reserving to this defendants said house to [?] the complainant and many entertainments made [?] and they treated at his defendant’s charge and expense whereby [..] sums of money [?] // Several times paid to and for the complainant and by the her order and allowance he this defendant hath fully satisfied the said rent and monies due upon the said bond as upon a just and [?] account to [?] this defendant // Is willing to come will appear. And this defendant saith that the complainant was so well satisfied) [?] her memory and understanding were perfect) with this defendant […] // Lost her memory and being wrought upon by the designs of some who intend this defendant [?] who have got the said bond into their hands out of the custody of the said complainant […] // In suit against this defendant and also this defendant was unjustly sued for all the said rent of [?] pounds [?] from the time of the commencement of the said lease granted to this defendant […] //  Out the said complainant suffered a non-suite upon full evidence in the said account as this defendant [?] he ought not in justice to be to be [?] into account for the said rent […] // To a said account with the complainant for all monies whatsoever due to her from this defendant. And this defendant saith that that he hath annexed an account to this his answer and […] // Part thereof) of all monies paid by this defendant to or for the complainant and by her order and satisfaction given and made by this defendant to the complainant and by her […] // And rent which this defendant saith is just and true and hopes shall be allowed to him for this defendant saith that what debts are in the said account mentioned to be paid […] // Of the complainant yet this defendant paid the said debts and boarded the said persons at the request [?] of the complainant and upon her promise and […] // Hopeth to make appear. And this defendant denies that he to the best of his remembrance [?] any monies whatsoever from the Complainant or for her or by her […] // He said annexed account mentioned to be paid laid out or disbursed by this defendant without that or other matter or thing as in the said Bill of Complaint […] // Answered unto confessed or avoided transversed or denied is true to any knowledge or understanding of [?] which matters and things this defendant […] // And humbly prays to be [?] dismissed with his reasonable costs and charges in this behalf [..] //

 

 

 

 

Answer of Henry CLIFTON Schedule

The schedule whereunto this Defendant Henry CLIFTON doth refer in his answer and the same doth contain a true account of such money’s and other satisfaction as defendant hath paid out or given to or for the Complainant or by her order or allowance

 

To Mr Thomas BLANCHARD[1] Rector of Worplesdon for years tithe for the Complainants lands at Worplesdon at 6 pounds per annum £24 00 00
Paid four years chimney money for house there at [?] 4 00 00
Paid poor rates and other tax and parish duty for 4 years there 14 00 00
Paid George WOODROFFE Esq for 4 years rent for miller [CHITTY?] Lands let to the complaint at [14s?] per annum 06 00 00
Paid to the Parson of [Ash?] 4 years tithe for the said [?] 08 00 00
Lands and other the [plaintiff’s?] in Ash at [?] and 08 00 00
Said poor rates and other taxes and parish duties for the said 06 00 00
Paid to Henry OAKELEY for coals and schooling of James CLIFTON 03 00 00
Paid in money to [Beatrix] the [plaintiff’s?] daughter 09 19 00
Paid to Mr Richard POND of Guildford 03 11 00
Paid to Counsel for Drawing and [?] Bill in Chancery against [?] YOUNG and others 01 15 00
Paid to Counsel for two motions in that business 01 00 00
Paid to Counsel to the trial against WESTERN and HARVEY for STRUDWICK Iron 03 00 00
Expenses on the witnesses at the trial and charges in bring them and [?] 03 13 00
Paid Mr Richard COLDHAM[2] his charges in that business 03 18 00
Paid Mr Thomas BALDWIN for the Complainants answer and other charges at KEMPSALLS suit 03 00 00
Paid Mr Henry FLUTTER 03 12 00
Paid to Mr [HILL?] for a suit of clothes and to Mr BEMBRICK for hats for James CLIFTON 06 00 00
PAID TO James CLIFTON 06 00 00
Paid to Elizabeth [HENTHER?] 10 00 00
Paid to [?] PARSONS 20 00 00
Paid to Mr WATTS 50 00 00
Paid to [?] WHITEHEAD 20 00 00
Paid to several other persons in small amounting to 10 00 00
Paid to James BIGNOLD in money 50 00 00
Paid to Edward STEVENS for interest money and other money disbursed for the said James BIGNOLD for board and diet for the said James’ BIGNOLD his wife and child 60 00 00
Lent the Complainant in money when she lived at Shere for three years arrears and upwards of the defendants annuity of 30 [?] p annum before the plaintiff granted this defendant a lease of the lands at Worplesdon  
For three cows for the Complaint to one Wm XMAS  
For 8 loads of Hay and carriage for the Compliant  
For one sow and pigs  
For Board and diet for the said Complaint and her son and daughter the defendants brother and sister for [?] [?] during which time they boarded and dieted at the defendants house at 50 per annum  
Paid to George WOODROFFE Esq for 4 years rent for the [?] house and land let to the complainant a 16s per annum  
Paid tithes and poor rates and other parish duties for the said house and lands during the said 4 years  
Paid to the Mr Thomas BRADFOLD for 3 years rent for his house in Guildford taken for the complainant  
Due for 3 years rent and upwards due 11th April 1673 for Little Burchfield due to the Defendant from the Complainant  
Paid to George COLLINS for one years rent for the Complaints house and Land at Worplesdon  
Paid one years tithe and to the poor and other parish duty for the same  
Paid for one [?]  
Paid for one house  
Paid to see Complainant and her [….] 05 00 00
For ploughing of the Complainants lands 52 10 00
For cutting and carrying of turf and wood when […] at Worplesdon at Mr WOODROFFE House 04 00 00
Paid to John FARROW Carpenter 02 16 00
Paid to Mark Carpenter Mason 01 06 00
Paid to John BROMHALL Carpenter 00 18 04
Paid to [Mr?] WALLIS 00 06 00
For [?] pales gates and other things out to Cobe 06 18 06
For planks poles and beans sent to Cobe 01 09 00
Paid to Robert PAYE for Glazing 00 11 00
Paid to [?] TAYLOR 02 13 10
Paid to John SHATHER a butcher 07 04 00
Paid for the carriage of 4 loads of [?] pales and cases carried to Cobe 01 00 00
Paid for two loads of [?] and carriage and one load of bushes carriage to Cobe 01 10 00
Paid more to Mark Carpenter 02 04 04
Paid to James CLIFTON by the hand of John KYNE 12 00 00
Paid to the Complaint and her [?] for one year’s rent for the defendants house and lands due at Lady Day 1676 30 00

 

 

 

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Further Answer of Henry CLIFTON

 

The further answer of Henry CLIFTON Gent. Defendant to the Bill of Complaint of Jane CLIFTON Widow Complainant

[?] the said defendant saving to himself all advantage of exception to the uncertainties of the said Complainant’s Bill which in his former answer he hath saved // [?] the Complainant full satisfaction to such of the exceptions taken by the Complainant to this defendant’s former answer as by the Report of Sir Samuel CLERKE knight // [one?] of the Master of this Honourable Court this defendant is to answer unto. He this defendant for further answer saith that he hath in his former // [answer?] Set forth that he this defendant about the time of his father’s death purchased a close called BURTHEY FIELD which the Complainant held before she let the lease in the // Bill mentioned for the rent whereof the said Complainant ought to give this defendant satisfaction so as it appears that his defendant had some other maintenance // besides the thirty pounds paid which the Complainant ought to have paid but did not pay to this Defendant as in his former answer had [?] set forth and this defendant // doth deny that he had any clothes or money to the best of this defendant’s remembrance from the complaint from the death of this defendants father to the year // One thousand six hundred sixty and three [1663] for this defendant saith that he this defendant by reason of the Complainant not paying this defendant his said Annuity of thirty // Pounds per annum was [forced?] for his support to borrow money of one Edward WEST and of other persons which the Complainant knows and may well remember // in regard the became security with this defendant for the repayment of some part thereof which money so borrowed this defendant afterwards paid and // satisfied and took up the said bonds and this defendant saith and denies that the sum of eighty pounds or any money whatsoever was due from //  this defendant to the Complainant for rent when the Complainant sent her son James CLIFTON to demand an half years rent due the Lady Day before other then // the said half years rent then demanded and although this defendant cannot particularly remember the words used in making the said demand yet // He saith that there was not any arrears due to the Complainant at the time of the said demand made this defendant having before that time paid and // Satisfaction all [..] for the said rent to the Complainant as upon a fair account with will appear without [?] that any other matter or thing // In the said Bill of Complainant contained material or effectual in the law to be by this defendant answered unto and herein and in his former answer // are not sufficiently answered unto confessed and avoided to answer or denied is true to any knowledge or understanding of this defendant // All which matters and tings this defendant is and will be ready to answer and prove as this Honourable Court shall and humbly prayeth to be dismissed // With costs. //

 

 

[Next page]

Bill of Complaint of Beatrix CLIFTON

 

Humbly complaining showeth your Lordships your Oratrix Beatrix CLIFTON daughter of John CLIFTON late of Worplesdon in the county of Surrey Gent. Deceased, by Jane his wife that whereas the said [John?] CLIFTON in his // life time and at the time of his death being possessed and interested of [?] plentiful personal estate sufficient to pay all his debts and legacies with an overplus. He the said John CLIFTON did make his Will and Testament // In writings and therein and thereby gave several legacies to your Oratrix to a certain value and made the said Jane his relict the executrix and died and she afterwards proved the said Will and took upon // the burden and execution of the said estate and possessed herself of all and his personal estate and to the your Oratrix said legacies into her own possession declaring she was improve the same to the // advantage and thereby and by out of several other sums of money which she had and borrowed of your Oratrix would raise [?] [?] [?] for her which she would pay or [?] to and for your [Oratrix’s] // Use and benefit as these should be occasion for the same. And your Oratrix further showeth that the said money so due to your Oratrix amounting in all to the sum of five hundred pounds or // thereabouts or at least wise the said fine being minded to raise your Oratrix said portion to that end and being seized in fee of a messuage farm and lands with the appurtenances lying in the parish of // Yattly [Yately] in the county of Southton of the yearly value of fifty pounds or thereabouts and having an honest intention to secure the same to your Oratrix did therefore by indenture bearing the date the // Tenth day of September in the year of our Lord one thousand six hundred and sixty nine [1669] and made between the said Jane of the first party, Peter SUFFEY Esquire and Thomas ALDWYN  Gent. of the // Second party and your Oratrix on the third party and Henry CLIFTON Gent her brother son of the said John and Jane of the fourth party for the consideration therein mentioned and for securing of the said six hundred pounds // and for a present maintenance for your Oratrix due for natural love and affection she said Jane did thereby covenant to stand seized of the said farm, lands and premises to the use of herself for life without [?] // of waste after her death the only use and behoof of your Oratrix and her heirs provided always that if the said Henry CLIFTON his heirs or assigns did or should will and truly pay or cause to be paid unto your Oratrix // The full sum of six hundred pounds within one year after the death of the said Jane CLIFTON that then the uses thereby limited to be void and that thence forth it should be lawful to and for the said Henry // His heirs to enter into [?] and have taken and received the premises and the rents issues and profits thereof And the said Jane did likewise in and by the said indenture for the consideration [?] said give and grant one // annuity or yearly rent of twenty pounds to your Oratrix to be paid to her at the four quarterly feats or terms in the year during the life of the said Jane to be issued out of the premises with // Clause of duty and distress as in and by the said indenture and age other things therein contained relation thereto being had ready to be produced duly executed by the said Jane of [?] under her hand and // Seal do which for more certainty as Oratrix refers herself it doth and may appear [?] consideration whereof your Oratrix did release to the said Jane all sum and sums of money //  demanded. And your Oratrix expected to have had the full fruits and benefit of the said conveyance and settlement. But now so it is may it please your Lordship that [the said?] Jane combining and // Confederating with the said Henry Howe to defeat your Oratrix of the benefit of the said conveyance and legacies and other monies so due to [her?] [as aforesaid?] as also of the portion intended her. // Do now stand and give out in speeches that the said Jane had no estate nor power to [?] such conveyance. But [the?] conveyance or settlement was made […] by her of the premises or that she did sign or // Seal some instrument in writing to him the said Henry CLIFTON or to some other person use in trust for him Whereby he hath or claims some […] to title charge or [?] by and out of the premises // Precedent to the said settlement and conveyance made to your Oratrix as aforesaid which in truth in case any such settlement be or have been made it was contrived by the said Henry and got ready and [?] // [?] by him for the said Jane to seal and execute without any instruction or discussion by [and] given for the draw [?] thereof neither was the same if any such be read to her [?] she informed of the true // effect and substance of such settlement deed or conveyance or what it [?] unto And she never intend to put the premises out of her own power. And if such deed be there so ought to have been [?] // […] and the same out to be set aside in equity being for no valuable consideration in money paid or other good consideration whatsoever. And was [?] procured to the only // […] legacies and monies due to her she the said Jane having not otherwise wherewith to satisfy your Oratrix her said portion or provide for her during // [..] privy to [and well] knowing of the said monies so due to your Oratrix or great part thereof and often heard the said //  […] Oratrix by and out of the premises or some part thereof and was priby and [?] to the said Settlement // […] and seal of the Jane and made nor [?] thereto or then discovered or said that he [?] or conveyance made to him of [?] But [?] that [?] // […] he will set off the said conveyance to defeat your Oratrix. And will not pay her one penny of the said six hundred pounds all which [?] [?] of the said confederate // are contrary to Equity and good conscience in tender consideration whereof and for a sum as your Oratrix came have no relief or [?] at Law of the land and [practice?] of the said confederate // Her witnesses that could prove the same being either dead or in remote parts and [so old] and infirm as they are not able to travel and that she cannot examine them and present their testimony // But by a commission out of this Honourable Court nor came otherwise but by the aid of this […] relieved in the premises. To their and intent therefore that the  said confederates may true and refect // Answer and make to all and singular the premises and in particular may set forth what manner or deed [account] or instrument in writing and to what effect and purpose the said Jane hath sealed and executed // of the said premises to the said Henry and whether with power of reversion or not and where […] to the same and what their names and places of abode are and may set forth upon what account // or for what cause or consideration the said deeds grant settlement or conveyance was made. And whether or not withstanding the same it was ever intended your Oratrix should not be paid // her said portion or any part thereof and should not be paid and satisfied out of the premises. And that then they may show cause why the said settlement deed or grant should not be set aside // As to your lordship shall seem meet may it please your good Lordship the premises considered to grant unto your Oratrix his Majesty’s most gracious writ of subpoena be directed to them // The said Henry CLIFTON and Jane CLIFTON thereby commanding them and either of them at certain date and under a certain pain therein to be limited personally to appear before your Lordship in the High // Court of Chancery to answer the premises. And further to stand and to abide such order therein as to your Lordship shall seem meet and your Oratrix shall ever pray. //

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The several answer of Henry CLIFTON to Bill of Beatrix CLIFTON

 

The several answer of Henry CLIFTON one of the defendants to the Bill of Complaint of Beatrix CLIFTON Complainant

This defendant saving to himself now and at all times hereafter all advantage of exception to the many uncertainties and insufficiencies of the said Bill of Complaint // [answer?] thereunto he saith as follows. And first the said Defendant saith he believes it to be true that the said John CLIFTON his father in the said Bill mentioned // [?] a the time of his death possessed of a personal estate sufficient to pay all his debts and legacies and did make his last will and testament in writing // and thereby gave to the Complainant a legacy of two hundred pounds and no more and of his said Will made Jane his wife in the said Bill named for a [?] // [?] defendant’s mother his executrix who since his death proved the said Will and as this Defendant believes possessed herself of all the personal // estate of the said John CLIFTON deceased as in the Bill is alleged but whether the Complainant lent the said Jane any money and whether the said Jane ever // declared she would improve the same and the said legacy to the best advantage or would there with raise and service a considerable portion for the // Complainant in the Bill is alleged this defendant knows not. And this defendant does not know nor does believe that the said sum of six // hundred pounds in the Bill mentioned was ever due from the said Jane to the Complainant or any more than the said two hundred pounds legacy and the said // Defendant saith he does not know what estate the said Jane his mother in the Bill mentioned hath of and in the said messuage or farm in the Bill mentioned // The writings concerning the same being in the custody of the said Jane and this defendant having never as yet seen the same to his knowledge // nor does this defendant know what power the said Jane had to make such conveyance or settlement thereof as in the Bill is set forth or that the said // Jane his mother did ever to this defendant’s knowledge or with his privity by any indenture or conveyance settle the said messuage or farm in // the Bill mentioned to the use of herself for life and after to the use of the complainant and her heirs with or under such [?] as in the Bill // of Complaint is mentioned or other person or condition whatsoever or that in and by the same or any other indenture or conveyance the said Jane did charge // the said messuage or farm with one annuity of twenty pounds per annum payable to the complainant during the life of the said Jane nor did this defendant // or the said Jane sign and seal any such conveyance nor doth this defendant know that in consideration of any such deed or conveyance the said complainant // Hath released to the said Jane all debts legacies and demands as in the said Bill is alleged And the […] legacies monies or portion due to her or any part // whatsoever with the said Jane his mother to defeat the complainant of the benefit of that he [?] heard the said Jane declare she would service the // intended [?] as in said Bill is falsely alleged. And the said [?] of the said Messuage and farm or any part thereof. And this defendant // [?] that the said Jane [?] for his use or benefit or in trust for him neither did this defendant contrive prepare or got ready [?] any // [?] upon which [instrument?] or conveyance whatsoever of the said messuage and premises for the said Jane to seal but (if any such be executed by // […] this defendant hopes he may have the benefit thereof he this defendant being her eldest son and the same (if any such there be which this // Defendant knows not) being made without the privity of or any contrivance or fraud in this defendant. And this defendant knows not what estate // this defendant’s said mother hath in the premises this defendant not having seen the writing as aforesaid but hath heard that this defendant’s  // [after?] purchased part of the said messuage and premises or some lands belonging there unto now in the possession of the said Jane this defendant is // [?] or […] and this defendant is heir to his said father deceased without that any other matter or thing in the said [Bill of?] // Complaint contained material or effectual in the Law to be by this defendant answered unto [therein?] before not sufficiently answered [?] // [?] or avoided transversed or denied is true to the knowledge or understanding of this defendant. All which matters and things […] // [?] shall or ready to [?] prove as his Honourable Court shall award and humbly prays to be [?] dismissed with his [costs and ?] // chargers in his behalf most unjustly and wrong suffered. //

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Bill of Complaint of Henry CLIFTON

 

Bill of Complaint of Henry CLIFTON

Complaining showeth unto your Lordship your Orator son and heir of John CLIFTON late of Worplesdon in the County of Surrey Gent. deceased that // Whereas the said John CLIFTON your Orator’s father was I life time seized in his demeasure as of fee simple of did in one messuage with the appurtenances in Worplesdon // aforesaid and of and in one parcel of Land called Cobbetts Moore and of and in one other parcel of Land called the Great Moore in Worplesdon aforesaid and of // and in several other lands and grounds in Worplesdon and Ash in the said County of Surrey and being possessed of some personal estate did make his last Will // and Testament in writing bearing date on or about the four and twenty day of November in the year of Our Lord one thousand six hundred // Fifty and nine [1659] and thereby gave and devised to Jane CLIFTON his wife, your Orator’s Mother, the said messuage with the appurtenances and all his lands in Worplesdon and // Ash aforesaid for her life charged with the annuity or rent charge hereafter mentioned to be paid to your Orator by the said Jane and also all the // underwoods standing and growing upon the premises and thereby empowered his overseers named in the said Will to sell all the timber trees //  In Cobbetts Moor and Great Moore and the profits thereof to be employed to the use of his said wife Jane your Orator’s said mother and thereby gave // to your Orator one annuity or rent charge of thirty pounds by the [?] to be issuing out of all the lands in Worplesdon and Ash aforesaid payable // half yearly by and during the natural life of the said Jane your Orator’s said mother and made her the said Jane his executrix and Thomas HAYES and // William CLIFTON overseers of his said Will as by the said Will declaration being thereunto had may appear and shortly after (vitz) in or about the month // of January one thousand six hundred fifty and nine [1659] the said John CLIFTON your Orator’s said father departed this life, soon after his decease the said // Jane CLIFTON proved the said Will and took upon her the execution thereof and by virtue of the said Will and devise entered into and upon the said messuage // said Lands and Premises at Worplesdon and Ash and took the profits thereof and ought to have paid to have paid and satisfied to your Orator the said Legacy or // Annuity of thirty pounds paid according  to the said Will.

And your Orator further showeth that afterwards (that is to say) in or about the month of // April in the year of our Lord one thousand six hundred and sixty three [1663] your orator and the said Jane his mother came to an agreement as well touching // your Orator taking a lease of the said Messuage and lands in Worplesdon and Ash devised to the said Jane by the said Will (except some particular Rooms in the said house and other things in the said lease excepted ) us for your Orator buying the corn cattle and goods then upon the said grounds. An // inventory whereof with the values thereof was then made and amounted to the sum of two hundred twenty six pounds and thirteen shillings. And // your orator further showeth that at the time aforesaid the said Thomas HAYES one of the overseers of the said Will and one John BAKER the Elder // sold by the order and direction of the said Jane sell to your Orator all the said Timber trees then growing upon Cobbets Moore and Great Moore for the // Sum of sixty pounds which said Jane being [?] by the said Thomas HAYES to the said Inventory made in the whole sum of two hundred rightly [gave?] // Six pounds for servicing the payment of which said sum to the said Jane your Orator’s mother your Orator did on or about the time aforesaid (vitz) on or about // The seventeenth day of April in the year of our Lord one thousand six hundred sixty and three [1663] give his bond unto the said Jane of the penalty of four hundred // Pounds with condition the remainder [?] that if your Orator his executors administrators or assigns did well and truly pay or cause to be paid unto the said // Jane her executors administrators or assigns the sum of one hundred forty and three pounds upon the feast of Saint Michael then next ensuing and one // hundred forty and three pounds upon the feast of the annunciation of the blessed Lady St Mary then next ensuing. Then the said Obligation to be void [if?] // she to remarry in forth Nevertheless the said Jane being then in [?]  unto your Orator of the annuity of thirty pounds per annum devised to your Orator as // aforesaid but the certain sum then arrears not perfectly appearing in regard the papers and accounts thereof could not then be [?] it was // intended and so agreed between your Orator and his said mother at the time of your Orator entering into the said Bond that what should appear due and // in arrears unto your Orator of the said Annuity upon amount to that time should be defaulted and deducted out of the monies due and secured upon // the said bond. And your Orator further showeth that afterwards in further payment of the monies due upon the said bond your Orator by the order // and direction of the said Jane his mother and upon express agreement and promise of the said Jane his mother that she reimburse to your Orator // what he should disburse or default discount or allow the same out of the said bond your Orator by direction off the said Jane and upon her promise and // agreement aforesaid did pay and satisfy unto several persons for the debts of John ATWICK her grandchild the several sums hereafter following // to one [Mr?] WATTS the sum of fifty pounds to one [Mr?] WHITEHEAD the sum of twenty pounds and to several other people

Amounting to the sum of ten pounds. And did also upon the agreement aforesaid satisfy and pay for James BIGNOLD Gent another of grandchildren the /

Several sums hereafter mentioned (vivt) to the said James BIGNOLD in money the sum of fifty pounds; to Edward STEVENS for interest money and other monies //

Disbursed for him the said James BIGNOLD the sum of sixty pounds besides all which sums the said Jane having

Said grandchild his wife and child did promise to pay allot or discount for the same to your Orator and did order

Account for the said board and diet for the said James BIGNOLD and his wife and child at your Orators house the

Orator paid the several sums hereafter mentioned upon the amount and for the use and by the order of the

Things bought for the said Jane it her [?] to keep house the sum of twenty pounds paid for repayment

There is due to your orator for the board and diet for the said Jane your Orator’s mother and for her son

Brother and sister for five years during which time they boarded and dieted with your Orator and for which

Bu agreement to pay the sum of two hundred and fifty pounds and your Orator did at the request of the said

Parish duties for the house and lands which your orator’s mother afterwards

And also your Orator paid one years rent and other parish duties for the said

Pounds all which sums also the said Jane did agree to pay and allow unto

Fifteen pounds. And your Orator did also at several other times pay for

Money and did at several times supply her with [?] of corn and

Ought to have satisfaction and your Orator’s said mother ought to come to an

Orator further showeth that although your Orator hath by the several

 

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Bill of Complaint of Henry CLIFTON

 

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Answer of Jane CLIFTON to the Bill of complaint of Henry CLIFTON

 

The answer of Jane CLIFTON Widow Defendant to the Bill of complaint of Henry CLIFTON

 

The said defendant saving to herself now and at all times hereafter all and all manner of benefit and advantage of exception to the manifold uncertainties and imperfections in the said Bill of Complainant contains for answer to so // much as materially concerns this defendant to make answer unto she saith that true it is John CLIFTON the Complainant’s father and this defendant’s late husband in his life time seized in fee as he believes of and in the // Messuage and premises in the bill mentioned and that he was likewise possessed of a personal estate of good value and being so seized and possessed did make his Will to the same effect in such manner // by the bill is set forth and at or about the time in the in Bill died and this defendant proved the Will and entered upon his real estate and took the rents issues and profits thereof for some time. And she // likewise possessed herself of the personal estate or so much thereof as could get into her custody and during such time as she held and enjoyed the said messuage and premises she duly paid to the // Complainant the said annuity of thirty pounds per annum given him by the said Will out any [?] or [?] and until the month of April in the year of Our Lord one thousand six // hundred sixty and three [1663]. At which time this defendant and the Complainant came to agreement (the complainant desiring the same) that your Orator should let a lease of the said messuage lands and premises saving // Only some rooms for her own dwelling. And as in the Bill is set forth for the tenure of one and thirty years if this defendant  should so long live at the yearly rent of thirty pounds // As also for this defendants making over all the corn cattle and goods then upon the premises as by the Bill is suggested. And an inventory was then or about that time as she remembers // Taken of all the said stock and goods by the direction and with the privity of the Complainant but what the value of the same did amount unto or what the particulars thereof she remembers [?] // Nor nor can set forth being so long since. And she hath not any inventory or copy thereof but believes the Complainant hath the said inventory or copy thereof now in his custody but // this defendant doth deny to her knowledge or remembrance that she did then or at any time sell or cause or order the said Thomas HAYS and John BAKER in the Bill name or either of them or any other // To sell to the Complainant the timber trees or any of them then growing upon Cobbetts Moore and Great Moore as is suggested or upon any part or parcel thereof or that there was any price made of // for the said timber or that the sum of sixty pounds pretended to be the price for the same added to the said inventory made in the whole the sum of two hundred eighty and six pounds // As is [surmised?] Neither is it possible for this defendant to remember the same being so long since and having no writings to evidence any of the particulars relating to the said agreement // And this defendant saith that the said Complainant by the agreement aforesaid being to pay this defendant the sum of two hundred four score and six pounds in consideration of such [?] of the said // Stock corn cattle goods did for the security thereof as in the Bill is set forth enter into a bond or obligation bearing date the eleventh day of April in the said year of our Lord one thousand // Six hundred sixty three [1663] of the penalty of four hundred pounds with condition there under written in such manner and to the same effect as in the Bill. And as by the said bond ready to be // [produced?] appears at the time of entering into which said bond this defendant denies she was in arrears or that there was due to the Complainant any part of his said annuity and denies that then or // at any other time. It was agreed that any arrears of the said annuities should be deducted or defaulted out of the said bond and denies // she ever agreed or promised to reimburse deduct discount or allow any such sums of money whatsoever out of the said bond or monies there upon due. And denies // that by any agreement or direction of her this defendant that the complainant did there upon or otherwise pay any sum or sums of money whatsoever to the persons in Bill named // Or any other neither was there any reason she this defendant so doth for that the said John ATWICK in the bill named did leave sufficient estate as she believes to pay all his debts with an over plus //

[1] TNA PROB5/2158 1670 BLANCHARD, Thomas Minister of Worplesdon Surrey – Accounts/Inventories

[2] TNA PROB11/516/185 1710 Richard COLDHAM , Will of, Gentleman of Guildford

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C9/389/52

Posted on November 6, 2015 by batemanm

National Archives File C9/389/52

Answer of Daniel ATWICKE to Bill of Complaint of James CLIFTON

 

November 1689

The several Answer of Daniel ATWICKE als WICKES to Bill of Complaint of James CLIFTON Gent. Complainant

This defendant saving to himself as in his former answer he hath both saved for the Complainant’s further satisfaction saith // that he hath heard that John ATWICK ald WICKS in the Bill named did about the time in the bill for that purpose mentioned make his Will but what was the particular purpose or contents thereof this // defendant doth not know but this defendant hath likewise credibly heard and believes that the said John // ATTWICKE als WICKES was not compos mentis or good and sufficient mind and memory when he // made the same. And this defendant saith he doth not know where or in what place the said Will was made // or where or in whose custody the same now is or at any time since the making thereof hath been this // defendant having never seen the same but this defendant saith that the said will being generally accounted // [void?] and of no effect he doth believe that the same was never proved but if Complainant is minded to // [?] satisfied in that matter be may go or enquire to the proper registers or offices to be satisfied therein // [?] this defendant saith that he never did upon any such design as in the Bill is set forth enter into or make // agreement for the defendant Hanna KEMPSALL enjoying of the messuage or premises in the Bill mentioned // [?] [?] thereof for her life or any yearly or other rent or any sum or sums of money in lien //  […] neither did this defendant to the best of his remembrance ever make any agreement at all with the said // […] concerning the messuage or tenements in reversion, neither did this defendant make any agreement or was [..] conspiracy to or know of the destroying the said Will or any other writings relating to the // […] pretended title to the premises as in the Bill is satisfied and scandalously alleged. And this // [defendant?] saith that he is very sure that he hath not or ever had neither doth he know that any other // persons hath or ever had any deeds evidences or writings which make out or concern any title // […] complainant hath to the said premises or any part thereof. And as for such writing which this defendant // [?] to his own title thereto this defendant hopeth under the favour of this Honourable Court that he shall not // settled to set forth or disprove the same the defendant not claiming the [premises?] or any other [?] thereof [?] // [?] said John ATTWICKE als WICKES but the same being come unto and descended upon him in such // […] his former answer is set forth. And this defendant answered as in his former answer be hath transferred

John Hungerford

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