- ReferenceRO5/381
- TitleDecree in Chancery Charles II to William Knight
- Date free text[c. 1666]
- Production dateFrom: 1666 To: 1666
- Scope and ContentRecites: order in Chancery of 31 January 13 Charles II [1661] Richard Conquest esquire, plaintiff v. Richard Conquest, infant by Mildred Copledicke alias Conquest his guardian, William Knight and Ralph Harvey, defendants upon the hearing of the matter in question between the said parties in the presence of the counsel learned in the law ... the substance of the plaintiff's bill of revivor being that the plaintiff being seised of a farm called the Hill alias Warners and appurtenances worth £40 per annum ... his younger children make some settlement of the premises on the then defendant Richard his son since deceased and did also settle [the manor and lands in] Haughton Grange and Haughton Conquest .. was also seised, worth £500 ... upon the ... upon several trusts and provisoes for ... and for provision for his younger children with power of revocation in case the plaintiff should make other provision for them and the plaintiff having bought several copyhold ... the said Richard in trust for the plaintiff and his heirs and having made such settlement upon the said Richard as aforesaid the said defendant Richard coming to the plaintiff's house being sent by the plaintiff to manage his business and having ... with the defendant Mildred got by indirect means into ... closet where the said writings were and having found the same with other writings of the plaintiff together with the deed of feoffment took away and kept the same and by ...ation with the other defendants the tenants of the premises ... articles of agreement whereby the plaintiff demised the premises to the defendants the tenants ... make secret estates thereof under colour of title to ... endeavours to sell them and cut and sell the timber thereof refusing to discover the said deeds or to give an account of the profits thereof to the plaintiff and ... having taken a distress to the value of £50 or £60 the defendant broke open his house and took the same away and ... the plaintiff's servants out of possession for relief and to compel the defendant to set forth the title of the premises and to perform the said trust and to deliver up the possession of the said premises to the plaintiff also the said deeds and writings is the ...e of the plaintiff's bill; whereunto the defendant's counsel insisted that the plaintiff did by Indenture tripartite... January 17 Charles I [1642] between the said plaintiff of the one part and Charles Conquest of the other, covenant to ... of the said premises to use of the defendant and his heirs under the premises in the deed and not otherwise as the said Richard in his ....set forth that the plaintiff did by Indenture 17? May 1665 demise the manor and lands in Houghton Grange and Houghton Conquest to the defendant for £2,000 under trusts and uses therein contained and that the surrender of the copyhold lands of inheritance was taken in the name of the defendant to the use of the defendant and his heirs and that the same was not in trust but absolute and set forth likewise ... forth the said tripartite Indenture and deed limited £500 to be paid by the defendant to Frances his sister and another whereby the plaintiff had made over all his goods and stock on the Hill farm to the defendant [to the end] that the plaintiff only received the profits as ... to the defendant until he attained 21 years. The defendant Knight by his answer says that the plaintiff having demised part of the Hill Farm and part of the copyhold lands to him for £213..13..4 per annum [?] declared that the same belonged to the defendant and under him [sic] to pay his rent unto them. The defendant [Harvey] by his answer sets forth that ... of the lands of the said defendant ... at all of any trust. The defendant Mildred by her [answer] says that the defendant Richard her husband having settled all ... executrix of his will which ... claims all the premises for the now defendant [Richard] her son as his ... being ... Richard deceased The Court declares that it is satisfied that the trust lodged in the defendant Richard ... misbehaved himself therein and do decree the same accordingly and that the defendant should deliver up the possession of the premises ... plaintiff together with all the writings belonging or concerning the same which they or ... and that defendants Knight and Harvey shall account to Littleton one of the masters of this court ... said defendants account and what shall appear thereupon to be due the said defendants Knight and [Harvey] severally and respectively to pay the same accordingly and the £7 rent already brought into [court to] be delivered out of court to plaintiff master Conquest and said Knight and Harvey or such other ... any of the copyhold premises are at next court to be holden for that manor of Steventon ... copyhold ... to the use of the plaintiff [or as he] shall appoint. Recites; 5 June 1665 [Masters Report] Richard Conquest esquire [plaintiff] v. [Richard Conquest] infant by Mildred Copledick alias Conquest his guardian, William Knight and other defendants according to an order ...[31] January 13 Charles II [1661] whereby I am to take the defendant Knight's account ... arrears of rent as he has received or detained since the exhibition of the plaintiff's bill, I have in the [presence of] both sides considered the matters thereby to me referred and I find that the defendant ... lands of the plaintiff from May 1657 at which time the Bill was exhibited until May 1663 being 6 years ... £...12..4d rent per annum for the same which for the time aforesaid comes to £140. Said defendant is also to pay £28 for one year of the said 6 for other of the said ... which said £28 and £140 make in all [£168] out of which said arrears must ... court and atken out by the plaintiff and ... for wheat and then there will ... which is to be paid by the defendant Knight. Recites: 14 February ... ... master Richard being of [the plaintiff's counsel] ... the said report ...al the matter ...ratifeid and confirmed by the order authority and decree of this court to be observed ... purposes according to the tenor and true meaning thereof the said defendant Knight having notice ... after such notice show unto this court to the contrary Recites: 17th June ... ... Conquest esquire ... William Knight and other defendants The humble petition this day preferred unto ...roll for the reasons therein contained and for that the plaintiff has used his endeavour ... to be personally served an order dated 17 June inst. unto said Knight does abs... ?procured him to be personally served as by affidavit appeareth. therefore it was prayed that ... defendant Knight ... may be deemed ... the said defendant Blyth is ordered ... Recites: another order in said court ... 18 [Charles II 1666] between Richard Conquest and ... [bearing] date 14 June last, the other the 17th of the same month whereby it ... in this cause by Walter Littleton, knight one of the masters of this court dated 5 ... ratified and confirmed by the order, authority and decree of this court to be observed and ... according to the true intent and meaning thereof unless the defendant Knight having notice therefof shew unto ... to the contrary and forasmuch as it was alleged that the said defendant could not personally be served ... was ordered that the leaving of the said order with the defendant's clerk in court should be deemed .... and forasmuch as due notice has been given ... order as by the affidavit appears ... to the contrary as by the registers certified now also produced appears it was prayed ... and the report confirmed by the order .. and decree of this court ... the same accordingly unless the said defendant Knight shall at the first general ... good cause to the contrary ... without ... Master Edward of Cou ... heard therein and because no cause was shown 20 this February [the last few lines are totally illegible]
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