Court proceedings: Gomeldon v. Scott, Gipps, Gomeldon, Mutlow and Wrentmore: Kent 1683


PRO ref C10/151/45 document 1: Complaint of Thomas Gomelldon

Transcribed by Steve West from a digital copy of the document provided by the PRO.
The original spelling has been retained although abbreviation marks have been expanded.
The original uses both ‘the’ and ‘ye’ seemingly interchangeably: the transcription follows the original usage. No attempt has been made to introduce modern punctuation.
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11th February 1683

To the right honourable Francis Lord Guilford Lord Keeper of the great seale of England

Complaining sheweth unto your Lordship: your lordship's daily Orator Thomas Gomelldon of Somerfeild1 in ye County of Kent Esquire: That your said Orator att ye request of Sir Thomas Scott of Scotts Hall in ye parish of Smeth2 //
in ye County of Kent since deceased and for his proper debt did in or about ye Twenty Fourth day of October one thousand six hundred seaventy and nine together with ye said Sir Tho: Scott become bound unto John //
Mutlowe in an obligation of the penallty of four hundred pounds conditioned for ye payment of two hundered pounds with Interest for ye same att a time therein mentioned and long since past And your //
said Orator did att ye like request of ye said Sir Thomas Scott and for \his/ proper \debt/ together with him ye said Sir Thomas Scott and and William Gipps of the parish aforesaid Gentleman did in or about October 1679 become bound to Robert //
Wrentmore of London Gentleman in ye penall sume of 200 li or some other considerable penallty conditioned for ye payment of 100 li or some such sume with Interest for ye sume att a day therein mentioned and long since //
past And your Orator further sheweth that hee haveing noe other security to bee indempnifyed against ye \said/ bonds soe by him entered into for the proper debts of ye said Sir Thomas Scott then ye counter bonds of //
ye said Sir Thomas Scott and the said Sir Thomas Scott minded further to secure and indempnifye your Orator by makeing other provision for ye payment of the said debts and afterwards for payment of such other debts as hee //
owed by Indenture bearing date on or about the first day of May 1680 made between ye said Sir Thomas Scott of the one part and ye right honourable ye Lady Carolina Scott wife of the said Sir Thomas Scott and //
Wm Gomelldon the Younger of Sellindge in the said county of Kent Gent your Orator's Brother and ye said William Gipps of the other part writing that whereas hee ye said Thomas Scott stood indebted //
to severall persons in severall sumes of money All which were mentioned in a schedule signed and subscribed by him and thereunto annexed And that whereas hee ye said Sir Thomas Scott was very willing and desirous //
that ye severall debts should by degrees bee satisfied and paid whereof the first fower debts mentioned in ye said schedule should be satisfyed and paid by degrees in ye first place and when ye same //
should bee paied the residue of the said debts should bee paid in such order as the Lady Carolina Scott William Gomelldon and William Gipps should thinke fitt out of and by the rents revenues issues and //
proffitts of the severall manors or lordships messuage farms lands meadows and pastures of him ye said Sir Thomas Scott therein after mentioned as the same then were due or during the terms //
thereby granted should grow due hee ye said Sir Thomas Scott for ye ends and purposes aforesaid did bargaine sell demise and to farme lett unto ye Lady Carolina Scott William Gomelldon and William Gipps All that //
ye Manor of Brabon3 in ye said County of Kent and all messuages lands and tenements thereto belonging And all that ye Manor of Combe with ye rights members and appurtenances thereof the manor house //
called Combe and the Barnes stables and outhouses and all lands therewith used lying in Braborn and Hasting Leigh4 and divers farmes messuages landes tennements and hereditaments therein particularly mentioned //
in ye severall parishes hamletts and feilds of Brabon Hasting Leigh and Sellinge To hold to ye said Lady Carolina Scott William Gomelldon and William Gipps from the 20th day of March then last past unto //
ye full end and terme of twelve yeares without impeachment of or for any manner of waste upon speciall trust and confidence that ye said Lady Carolina Scott William Gomelldon and William Gipps should //
demise and to farme lett All and singular ye said manors lordships messuages farms lands and tenaments with their appurtenances for any terme not exceeding seaven yeares referring the ancient //
yearly rent for ye same if ye same could bee had and upon such Covenants and agreements as to them should seem reasonable All and singular ye said yearly rents to bee referred due and payable //
by every such demise to ye Lady Carolina Scott William Gomelldon and William Gipps for ye ends intents and puposes in ye said indenture and to no other end intent or purpose and upon this further trust and //
confidence that ye said Lady Carolina William Gipps and William Gomelldon or any two of them should out of the yearly rents revenues and profitts of all and singular ye said premises first satisfye pay and //
discharge all ye Interest money that was or should become due and payable upon all and every the debts mentioned in the schedule charged upon all and singular the premises or any part thereof //
And all the said Interest money being first deducted and all taxes and charges incident to the trust defrayed then what should remaine in surplusage should bee by the said Lady Carolina //
Scott William Gomelldon and William Gipps or any two of them applyed and paid towards payment of the severall debts mentioned in the said schedule in such method and manner as they //
should think fitt after the payment of the first fower debts mentioned in ye said schedule whereof the debts due to the said Mutlowe and Wrentmore for which your Orator was //
bound as a security as aforesaid were two of the fower debts As in and by the said indenture and schedule signed and subscribed by the said Sir Thomas Scott relacion being thereunto had may //
appeare And your Orator further sheweth that the said Wm Gomelldon declining to intermeddle in the execution of the said trust the said Lady Carolina Scott and William Gipps alone tooke on them ye execution thereof and entered into and upon all and singular the manors lands tenements and premises as aforesaid and made and granted divers leases and rents //
all and singular the rents issues and profits of the said estates ever since being of the yearly value of five hundred pounds and upwards did or ought thereout to have paid //
and satisfyed the said severall debts in the said schedule and particularly the first fower debts in the said schedule which are as followeth Viz to the Lady Carolina //
Scott for moneys by her disbursed one hundred and forty pounds to John Mutloe of London Esquire upon bond principle two hundred pounds for halfe a yeares Interest //
due thereon the twenty sixth of Aprill one thousand six hundred and eighty six pounds And to the said Robert Wrentmore on bond one hundred pounds with //
Interest from the date of the said bond And ought to have delivered up the said bonds to have been canceled and to have indempnifyed your Orator from the same //
But now soe it is may it please your lordship that the said William Gipps having taken on him the executor of the trust did by virtue thereof rayse severall considerable //
sumes and did or ought to have paid and satisfyed the said two severall bonds by and out of the said profits But instead of cancelling bonds as hee ought if the same //
are satisfyed and applying the profitts by him received for satisfaction of the same debts if they are not satisfyed the said Sir Thomas Scott being dead and the Lady Carolina //
Scott his wife being his executrix or administrator hee the said William Gipps hath entered into a combination with the said Lady Carolina and to and with the said William Gomelldon //
and the said Mutlowe and Wrentmore how to charge your Orator with the said severall debts and in order thereunto it is pretended sometimes that the said Gipps having //
paid the said debts and taking some assignments of the said bonds or one of them or some authority to putt the same in suite hee the said Gipps is intitled xxxx //
thereto and by virtue or valour thereof the said Confederates or some of them have lately putt the said bonds or one of them in suit against your Orator and endeavour to recover the //
penalty thereof from your Orator notwithstanding the same are or ought or ought to be satisfyed out of the rents and profitts of the said manors and premises granted and demised //
for that purpose And the better to valour the said pretence the said Gipps sometimes denyes that hee ever accepted the trust or ever received any of the rents or profitts //
thereof by virtue thereof or any sume or sumes of money allowed by the said deceased in respect of his trouble in the execution of the said trust and what hee did //
therein was for and on the behalfe of the said Sir Thomas Scott and his Lady to whom hee was accomptable and hath accounted accordingly and answered and paid what any ways came to //
his hands and that what hee soe did was not by virtue of the said trust att other times hee pretends that allbeit hee acted in ye said trust and in the receipt thereof yet hee //
having disposed of such profits as the said Sir Thomas Scott and his Lady directed and hee having by virtue of some proviso or other wise since renounced released or dis//
charged the trust for the time to come hee is not now any ways accomptable to your Orator and that the said profitts soe received are not any ways lyable to the said two debts or //
to your Orators satisfaction or Indempnity whereas in truth the said William Gipps very well knows that hee did not only undertake ye trust reposed in him by ye said deceased and excepted or //
deducted to himselfe ye sallary or sume allowed in respect thereof but did actually receive acquit or discharge or joyne in that receipt acquittall or discharge of divers considerable //
sume or sumes of money that did arise out of the said manors and premises to him granted sufficient to pay and satisfye ye severall debts before mentioned and ye said Gipps did or ought //
to have paid ye said debts and indempnifye your said Orator of and from ye same and ye said debts being ye first debts that by ye said dec’d were provided and directed to bee paid the said Gipps //
and ye said Lady Scott ought to have paid the same accordingly and not to have applyed the same otherways and in truth if the said moneys have bin applyed to any other purpose //
then as the said deceased directed the same was in breach of trust and ought not anyways to turne to your Orators prejudice nor ought ye said confederates to bee permitted to put ye said bonds //
or either of them in suite against your Orator but ye proceedings therein ought to bee injoyned and the said bonds delivered upp the moneys due thereupon being in truth by ye ways and means //
aforesaid or by some other ways well knowne to ye confederates long since satisfyed or there being moneys sufficient raised thereout to satisfye ye same and ye said confederates //
have often been in a friendly manner desired to discover the said trust and what moneys they have received or raised thereout and how they have disposed thereof and whether the //
said two bonds or either of them are not satisfyed and by whom and when and that the said bonds may bee delivered up to bee cancelled and an injunction granted for stay of //
all proceedings att lawe and that your Orator may have such relief therein and in all and singular ye premises as is agreeable to Equity and good conscience May it please your //
lordship to grant unto your Orator his Majesties most gracious writt or writts of [spa?] to bee directed to the Lady Carolina Scott William Gipps William Gomelldon John Mutlowe //
and Robert Wrentmore thereby remanding them and every of them att a certaine day and under a certaine paine therein to bee [……] personally to bee and appear before //
your Lordship in his Majestys high Court of Chancery and then and there true answer to make to all and singular the premises and to stand to and abide with such further or and direction therein //
as to your Lordship shall seeme meet and agreable to Equity and good Conscience And your Orator shall pray.

Watt Bennett

Notes

PRO ref C10/151/45 document 2: Answer of William Gipps and Robert Wrentmore

This was transcribed from a copy provided by the PRO. The original is creased and some sections of text are not visible in the copy. I have indicated where this problem occurs

I have tried to follow the spelling and punctuation of the original as accurately as possible, though I have expanded standard abbreviation marks

The Severall Answers of William Gipps gentleman and Robert Wrentmore Gentleman Two of the defendants to ye bill of Complaint of Thomas Gomeldon Esq complainant

The said defendants now and att all tymes hereafter saveing to themselves all Advantages of Exception to ye said Complainants said bill of Complaint for Answer thereto for soe much thereof as them these defendants or either of them anyway concerneth or is //
Materiall for them or either of them to Make Answer unto say. And first ye said defendant William Gipps for himselfe saith he beleeves it may be true but Knoweth not of his owne Knowledge that ye Comlainant together with and for the proper Debt of Sir Thomas //
Scott in ye said bill of Complaint named did on or about the Time in ye said bill of Complaint for that purpose mentioned become bounden to John Mutlowe in ye said bill of Complaint named in one Obligation of 400 l conditioned for the True payment of 200l with Interest at //
a Time Long since past and saith and confesseth that ye said Complainant and this Defendant at ye Request and importunity of the said Compainant together with ye said Sir Thomas Scott and for his proper Debt did about ye time in ye said Bill of Complaint for that purpose mentioned //
become bound to ye Defendant Robert Wrentmore in ye penall sume of 200 l conditioned for ye payment of 100 l with Interest for ye same at a day therein mentioned Long since past and further saith that for ye Indempnifying of this Defendant against the said Last //
mentioned bond The said Complainant together with ye said Sir Thomas Scott did become joyntly and severally bound to this Defendant in ye penalty of 400 l Conditioned that ye said Sir Thomas Scott and ye said Complainant or one of them should pay the said 100 l with Interest //
to ye said Defendant Robert Wrentmore at ye Time in ye Condition of ye said second mentioned Obligation Specified or to some such or the Like effect as by the said severall Obligations and their Respective Conditions to which for more Certainty therein this Defendant //
Referreth himself more fully and at Large may appear And this Defendant sayeth he knoweth not what security the said Complainant had from the said Sir Thomas Scott to Indempnify him against ye said bonds but beleeves and Admitts that ye said Sir Thomas Scott in his life tyme //
by his Indenture bearing such date as in ye said bill of Complaint is expressed made or mentioned to be made between the said Sir Thomas Scott of ye one part and the Right Honourable the Lady Carolina Scott wife of ye said Sir Thomas Scott and William Gomeldon ye Younger //
of Sellindge in ye said County of Kent gentleman the Complainants Brother and this Defendant of the other parte Reciteing in such manner or to such effect as in ye said bill of Complaint is expressed did grant demise and to farme lett or therein mention to grant demise and to //
farme lett unto ye said Lady Carolina Scott William Gomeldon and this Defendant. All that ye Mannor of Brabon in ye said County of Kent and all Messuages Lands and Tenements thereto belonging and all that ye Mannor of Combe with the Rights Members and //
Appurtenances thereof the Mannor house called Combe with the barnes stables outhouses and lands therewith used Lying and being in Brabon and Hasting Leigh and divers other Messuages farmes Lands Tenements and hereditaments therein particularly mentioned //
To hold to ye said Lady Carolina Scott William Gomeldon and this Defendant from ye Twentieth day of March Last past before ye date of ye said Recited Indenture unto ye full end and term of twelve years from thence next ensuing without impeachment //
of Wast upon such special trusts as in ye said bill of Complaint is expressed and under one proviso or agreement therein contayned. That ye said William Gomeldon and this Defendant or either of them or their or either of their Executors or Administrators should be only charged and //
chargeable with such and so much of ye Rents Revenues and profits of ye premises aforesaid as should come to their or either of their hands or by their or either of their [……] to their or either of their owne use or uses and not otherwise or any further any //
thing in ye said Recited Indenture conteyned to ye contrary in any wise notwithstanding as in and by ye said Recited Indenture to which for more certainty therein this Defendant Refers himself amongst divers other Clauses Articles Covenants provisos and agreements //
therein contained more fully and at Large it doth and may Appear. And this Defendant saith he doth not know how far the said William Gomeldon did intermeddle in the execution of the said trust but hath heard say that he did Receive divers of ye rents //
of ye said premises for ye said Lady Carolina Scott and did make upp several Accompts for Rent of ye said premises or some parte thereof between ye said Lady Carolina Scott and ye tenants of ye said premises and saith he beleeves that ye said Mannors //
Messuages Lands Tenements and premises in ye said Recited Indenture or deede of trust mentioned are of ye yearly value of 500 pounds or neare thereabouts. But this Defendant further saith that from ye time of ye making of ye said deed of trust untill since //
the exhibiting of ye said Complainants said bill of Complaint this Defendant never saw ye said Deed of Trust nor any coppy thereof nor knew nor understood the contents thereof nor how he was concerned therein otherwise then that this Defendants name //
was used therein to ye intent that he should be ayding and assisting to ye said Lady Carolina Scott therein and this Defendant sayth he hath heard and beleeves that ye said complainant by ye order of ye said Lady Carolina Scott and as her Agent did demise and lett to farme the said //
premises or some part thereof to ye tenants and occupiers thereof and did receive ye rents of ye said premises or of some parte thereof for ye use of ye said Lady Carolina Scott but denys that he this Defendant did by himself or with ye said Lady Carolina Scott demise or lett to farme //
the said Mannors Messuages Lands and premises or any part thereof or that he this Defendant did take upon himself the execution of ye said trust or did otherwise intermeddle in ye execution thereof then as Servant to ye said Lady Carolina Scott and by her speciall order and//
Appointment and this Defendant saith that in and by the said Complainants said bill of complaint it appears that it is Appointed and Directed in and by ye said Deed of Trust that all ye Interest Money that was or should become due and payable upon all and every ye Debts mentioned //
in the Schedule Annexed to ye said Deed of Trust charged upon all and singular the said premises or any part thereof should be first paid and discharged and that a debt of a 140 l mentioned in ye said schedule to be due unto ye said Lady Carolina Scott was one //
of ye four debts mentioned and Appointed in and by ye said Deed of Trust to be first paid and Discharged out of what should remayne in surplusage after all ye said Interest money \deducted/ and all taxes and other Incident charges defrayed And further saith that he this Defendant hath received //
of severall of ye tenants and farmers of ye said premises in ye said deed of trust specified several sumes of money for rent of ye said premises amounting together in ye whole the sume of 181 li - 3 s - 10d and that he received all the said money by the order and appointment of the said //
Lady Carolina Scott and that by the Like Order and Appointment of ye said Lady Carolina Scott this Defendant paid the sume of 51 li parcel of the said sume of 181 li 3s 10d for ye Interest of 5000li in ye said schedule mentioned to be due XXXX to John Searles Esquire and 12 li other //
parcel thereof to Mr Agar for two years Interest of ye said 100 pounds mentioned in ye said schedule to be due to ye said Defendant Robert Wrentmore and this Defendant paid ye sume of 118 li 3s 10d residue of ye said sume of 181 li 3s 10d in and by several payments to ye said Lady Carolina Scott //
towards the discharge of her said debt of 140 pounds. And this Defendant saith that he never received any other rents or profits of ye said premises or any parte thereof but confesseth that he hath binn present with ye said Lady Carolina Scott when she hath received //
divers sumes of money of the severall tenants of ye said premises and by her speciall order and directions this Defendant hath counted the same over for her and in her presence and when ye same hath binn soe counted the said Lady Carolina Scott hath taken the //
same into her own Custody and power and this Defendant was never otherwise concerned therewith and therefore this Defendant did not keep account of ye same nor doth remember nor can set forth how much he soe counted for her nor any particulars //
concerning the same And further saith he hopeth that he shalbe able to prove that within some shorte tyme after ye makeing of ye said Deed of Trust the said Lady Carolina Scott did forbid ye tenants of ye said premises to pay any rent to this Defendant //
unless by her special order and that thereupon this Defendant Desisted and never Intermeddled with receiving any more of ye said rents And this Defendant further saith he takes it that Long before the Makeing of ye said Deed of Trust the said Mannors //
Messuages Lands Tenements and premises or great parte thereof were Mortgaged to ye above named John Searles Esquire for ye sume of 5000 li and that after ye making of ye said Deed of Trust to wit in or about ye 9th and 11th days of March which were in ye year //
Of our lord 1681 the said Sir Thomas Scott and ye said Lady Carolina Scott made a further Mortgage of ye said Mannor of Brabon or other the premises or a great part thereof together with other Lands of ye said sir Thomas Scott to John //
Nicoll and Thomas Browne in trust for ye said John Searles for ye security of ye further sume of 2000 li and that soone after ye makeing of ye Last mentioned Mortgage and before ye feast of ye Annunciation of the blessed Virgin Mary //
then next following the said John Nicoll and Thomas Browne for and on ye behalfe of ye said John Searles and ye said John Searles by his Agents entered into ye said Mannors Messuages Lands tenements and premises specified in ye said Deed of Trust or //
into ye greatest parte thereof and received the arrears of rent then due and have ever since received the growing rents of ye said premises and this [defendant saith] […several words obscured by fold in vellum……] that he hath paid the debts due to ye //
said Defendants John Mutlowe and Robert Wrentmore or either of them or hath taken any assignment of ye said bonds or either of them And […several words in fold……] of 100 \[…..] Robert Wrentmore/ doth sue or threaten to sue the said Complainant upon his said //
penall bond of 200 li And this Defendant saith and confesseth that for ye non payment of ye said 100 li with interest money […several words in fold……] his said counter bond in suite against ye said Complainant and intends to proceed thereupon //
unless ye said Complainant will forthwith pay to ye said […several words in fold…..] and alsoe pay to this Defendant his costs at Law and in this honourable Court upon payment whereof //
and cancelling […words in fold…..] said Complainant and this Defendant denyes that he hath accepted or taken upon him the said Trust in any other manner //
[…words in fold……] is that he this Defendant hath given the said Sir Thomas Scott in his Life tyme an Account how he had disposed of ye money by him received as aforesaid and hath paid all ye money that came //
to his hands and possession in Manner aforesaid. But this Defendant denyes that he did ever deduct to himselfe any sallary or had any sallary or sume of money allowed to him in respect of the said Deed of [Trust] […words obscured….] //
therein. And this Defendant confesseth that at ye request and by the directions of this ye said Lady Carolina Scott this Defendant did subscribe his name to severall receipts or acquittances given by ye said Lady Carolina Scott for several sumes of money by her //
received but for what sumes in particular or from whom received this Defendant doth not remember nor can set forth but this Defendant denyeth that he did otherwise or in any other manner then herein is set forth actually or otherwise receive //
acquit or discharge or joyne in the receipt acquittal or discharge of any sume or sumes of money that did arise out of ye said Mannors Messuages Lands and premises in ye said Deed of Trust specified or out of any parte thereof and this //
Defendant saith he doeth not know or beleeve that ye moneys due to ye said Defendants John Mutlow and Robert Wrentmore in ye said bonds or either of them or any part thereof is paid or satisfied. And this Defendant Robert Wrentmore for himselfe //
sayth that true it is that ye said Complainant together with sir Thames Scott in ye said bill of Complaint named and ye Defendant William Gipps did become joyntly and severally bound to this Defendant in and by their obligation of ye penalty of 200 li bearing date the //
nineth day of October annoque domini 1679 And conditioned for ye payment of 103 pounds to this Defendant on the tenth day of Aprill then next ensueing as by the said obligation and condition thereof to which for more certainty therein this Defendant referres himselfe//
may Appear and farther saith that ye said Sir Thomas Scott nor ye Complainant nor ye Defendant William Gipps nor either of them have paid the said 100 pounds principle or any part thereof at ye time Limitted in and by ye said recited condition for payment //
thereof nor at any time since and therefore true it is that he this Defendant hath putt his said bond in suite against ye said Complainant and against ye said Defendant Gipps and intends to proceed thereupon and to recover ye penalty of ye said bond. Neverthelesse //
this Defendant saith that if ye said Complainant will forthwith pay to this Defendant the said principall sume of 100 pounds and all interest due thereon together with this Defendants Costs at Law and in this honourable court he this Defendant is ready and willing //
and doth hereby offer to accept ye same and to deliver up his said bond to be cancelled And both these Defendants for themselves severally and respectively doe deny all and all manner of combinations and confederacys in and by the said Complainants said bill of Complaint //
charged upon them or either of them without that that any other matter or thing in ye said Complainants said bill of Complaint contained materiall or effectuall in ye Law for these defendants or either of them to make answer unto and not herein and //
hereby confessed or avoided traversed or denyed or otherwise well and sufficiently answered unto is true. All which matters and things these Defendants are ready to aver and prove as this honourable Court shall award and humbly pray to be hence //
dismissed with their costs in this behalf sustained etc.

Jurat hic aput civitate [……] Duodecimo die Aprilis
anno regni [….] Caroli Secundi nunc regis angli etc
vicessimo sexto coram nob

Ben Agar Senior
Ben Agar Jumior
Isaac Wilson Pa: Barrett

Sentence of the court

This is in latin and is very difficult to read. Not yet available on line!

Interpretation

In preparation

Court of Chancery: Six Clerks Office: Pleadings before 1714, Whittington
1683

People mentioned



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