Hartley Bottom Farm - Hartley-Kent: The Website for Hartley

29 April 1657

To the Right Honourable the Lords' Commissioners appointed for the custody of the Great Seal of England.

Humbly complaining sheweth unto your lordships your orators William Miller of the parish of Ash next Dartford in the county of Kent yeoman, Richard Miller of Ash aforesaid, yeoman, Thomas Miller of Ash aforesaid, yeoman, Thomas Miller of Ash aforesaid yeoman, brothers of your orator William Miller.

That Robert Averell late of Ash aforsaid in the said county, yeoman, your orator's uncle, being seised in his demesne as of fee of an in certain messuages and lands situate, lying and being in Ash aforesaid and Hartley in the said county of Kent (in some part thereof Margery the wife of the said Robert, by some settlement made by her said husband, was as is pretended to  have in case she survived some [......] for her life, about August last made his will in wrting and thereby gave or bequeathed the premises unto or amongst your orators and their heirs respectively, and of his said will made the said Margery his wife his sole executrix, as by the said will if your orators had the same to produce might more fully at large appear.  

Shortly after the making of which said will, he the said Robert Averell being so as aforesaid seised, died without issue leaving the said will in the custody or possession of the said Margery, who him survived.  By virtue of which will your orators were and are entitled to the premises, according to their several estates and interests thereby and therein to them respectively devised, given, limited and appointed and ought to enjoy the same accordingly.

But now so it is, may it please your lordships, that she, the said Margery having possessed herself of the said will and also of all the deeds and evidences and writings concerning the premises, by combination with one William Hodsoll of Ash aforesaid, gentleman, and one George Averell of Ash aforesaid, yeoman, and divers other persons, unknown to your orators, whose names when your orators shall discover them, pray that their names may be inserted herein, and they made parties hereunto, she the said Margery by combination aforesaid, refuse to prove the said will, giving out in speeches that your orators' said uncle made no will at all or otherwise given of his estate, or if he did that the same at all is void in law as to some part of the premises for that one William Averell, father of the said Robert being seised of the premises in tail, as is pretended, made some settlement on Alice his wife of part thereof for her life.  And afterwards he the said Robert made some settlement of some other part of the premises on himself and the said Margery his wife and the longest liver of them and their heirs of their two bodies begotten.  And for default of such issue. on the eight heirs of the said Robert, whereby they would pretend that the said Alice had some estate for life in the premises at the time of the said recovery, and being no tenant to the pricipe as is pretended.  Whereupon the said common recovery was had that the said recovery was therefore void in law as to that part, and further pretend that the said recovery hath an estate in tail in such part as was so as aforesaid settled on her by her said husband, and hath power to convey away the same to bar your orators thereof.  Whereas the truth is and they well know that the said Alice was never seised or possessed of any estate of freehold in the premises or any part thereof at the time of the said recovery had, and that the said Margery hath but an estate in tail after possibility, which is but an estate for life dispunishable? of waste at the most, if any such estate she hath, which your orators aver she hath not, but only an estate in such part for her life barely, or that any such estate or power to do or commit waste in the lands on here so settled.  Howbeit they the said Margery Averell, William Hodsoll and George Averell by such and the like pretences, not only keep away the said writings and will and endeavour or threaten to suppress the same, but also refuse to let your orators have or take the quiet possession of the premises, according to their several and respective estates by the said will given and limited unto them; or else threaten to evict and turn your orators out of the possession thereof, pretending that your orators are but of the half blood to the said Robert, and that he the said George Averell is his heir at law, or ought to take in remainder after the death of the said Robert Averell without issue, being not barred by the said recovery, as is pretended, and therefore the said will as is pretended is void.  And she the said Margery, pretending that the said will, as for the part so as is aforesaid settled on her, was void, or that she hath power to bar your orators of their said estate as to her part.  Whereas she, the said Margery and other the said confederates well know that the said Alice, being never actually possessed of any part of the premises or if she was that she surrendered the same to the said Robert before the said recovery or ?????? or otherwise conveyed the same to him and a recovery being had of the whole by the said Robert and the said Margery having but a bare estate for her life at the most, the said devise to your orators was good in law and that your orators ought to enjoy the same accordingly.  Yet by such and the like pretences, she the said Margery and other the said confederates having made divers fraudulent conveyances thereof amongst themselves, or to divers other persons unknown to your orators, not only conceal and endeavour to suppress the said will and to keep away and detain the said writings from your orators; and also detain the proving of the premises or threaten to evict your orators out of the possession thereof, and to stir up new troubles and  suits amongst your orators unless your orators will come to some composition with them, but also daily commit waste and spoil in pulling down of houses and cutting down of timber, and other waste in and upon the premises.  By which means your orators are not only much demnified, but like to be utterly defrauded and defeated of their several and respective estaches devised and bequeathed unto thm by the said Robert Averell their uncle.  All which ????? of them the said Margery Averell, William Hodsoll and George Averell and other the said conferates are contrary to equity.  

In tender consideration whereof and forasmuch as your orators without the said will and other the writings cannot maintain any action at law touching the premises, nor make and defence to any action brought against them.  And for that your orators know not the ????? contents thereof or wherein the same are contained or in whose custody that the same is saving in the confederates or some of them, nor know the contents of the said will nor who are witnesses thereto, of if your orators do know who are witnesses thereunto, yet the same are in far and remote places and very aged, unable to travel and likely to die; and for that in case the witnesses to the will should die, your orators should be endangered to be defeated and defrauded of the premises and of their several and respective estates in the same.  And for that your orators' witnesses to prove the premises and other the allegations aforesaid are either dead or in remote places beyond the seas unknown to your orators, so that your orators for want thereof and other apparent reasons are remediless in the premises at or by the strict rules of the common laws of this land or elsewhere, saving before your lordships in this honourable court upon the oaths of the said Margery Averell and other the said confederates, according to the wonted justice of this honourable court in cases of like nature extended.  Your orators hoping that they the said confederates will, when they shall be thereunto required, confess and acknowledge that there was such a will made as aforesaid; and will set forth the truth of the premises on their oaths.  To the end therefore that they the said Margery Averell and other the said confederates may set forth and discover upon their oaths; and particularly that she the said Margery may set forth whether the said Robert Averell made any such or other will in writing as aforesaid, and what estate he thereby gave to your orators or either of them, and where the lands thereby given lie, and of what quality or quantity the same are, and of what yearly value, and what the effects and contents of the said will is, and when made and published, and who are witnesses thereunto, and in whose custody the same is, or what is become thereof; and what deeds and evidences or other writings any ways touching or concerning the premises, they or any of them have in their or any of either of their custody, or which are in the custody of any other person or persons by or with their or either of their knowledge, privity, delivery or consent; and what the numbers, dates, true effects, and contents thereof are.  And to the end that the said Margery Averell and other the said confederates may be ordered to brign the said deeds, evidences and writings into this honourable court, as also the said will.  And to the end that the testimony of your orators' witnesses to prove the said will and your orators' estate in the premises may be preserved.  And to the end that your orators' witnesses to prove the said will, and other the allegations aforesaid may be examined in perpetualmemory, either in this court or by commission if there be cause, and if by commission, then to the end that your orators may have one or more commissions to such persons, as your lordships shall think meet, into such counties or parts where your orators' said witnesses do or shall dwell or inhabit, for the examining of your orators' witnesses touching the said will and your orators' right and title of, in and to the premises or any part thereof, and what estates they or any of them have made of the premises or any part thereof amongst themselves or to any person or persons, and when made.  And may be compelled to deliver up the said will to your orators, safe, whole, uncancelled?, and undefaced, as also all other the deeds and evidences or writings concerning the premises now in their or either of their custody, or in the custody of any other person or persons, by or with their or either of their knowledge, prividty, delivery or consent; or else may be compelled to bring or suffer the same deeds, evidences, writings and will to be brought into this court for your orators to examine witnesses thereupon, and also there to remain for your orators' use, that so your orators accordingly have access thereunto when there is occasion, and may make use thereof at any trial at law to be brought against your orators as there shall be cause.  And to the end that the said Margery Averill and other the said confederates may be stayed by injunction of this honourable court from committing any further waste in or upon the premises or any part hereof, and may be compelled to give full satisfaction to your orators for such waste, as the they or either of them have already committed on the premises or any part thereof.  And to the end that the possession of the premises may be decreed unto your orators, according to their several and respective estates therein limited and by the said will.  And that your orators may be quieted in the possession of the premises.  And may be fully relieved according in all and every the premises accrording to equity.  

May it therefore please your lordships, the premises considered, to grant unto your orators process of subpoena to be directed to them, the said Margery Averell, William Hodsoll and George Averell and other the said confederates when discoverd, and every and either of them thereby, commanding them and every and either of them at a certain day and under a certain pain therein to be contained, personally to be and appear before your lordships in the High Court of Chancery [.....ms folded in photocopy here] thereupon their several corporal oaths [.......] answer to the premises.  And to consider such further order and direction touching the same, as to your lordships shall [......] equity and good conscience.  And your orators [.....]

John Wilcocke

The several answer of Margery Averell widow, one of defendants to part by whom bill of complaint of William Miller, Richard Miller, Thomas Miller and disclaimer to other part thereof.

The defendant now and at all times hereafter after saving and refering to herself the benefit and advantage of evidence unto the manifold advantages, misefficiencies and falsities of the said complainants, for answer thereunto so much thereof as any ways material [....] this defendant to answer unto; she, this defendant answereth and saith as followeth.

And first this defendant saith that she taketh? to be true that Robert Averell deceased, this defendant's late husband was lawfully seised in his demesne as of fee or for some other estate of inheritance, of and in the lands in the bill mentioned, namely of an in one messuage or tenement called or known by the name of [.....] with the appurtenances, and 3 pieces or parcels of land called or known by the name of "Gouldsfield", "Impe" and "The Badach" containing by estimation two? [acres] more or less, situate in Ash in the county of Kent.  And of and in one messuage or tenement called or known by the name of "Curstlocks" and two pieces or parcels of land thereunto adjoining, containing by estimation 6 acres more or less, situate in Hartley in the said county of Kent.  And also of and in one other messuage called or known by the name of "Augur"? near adjoining to the hill called "Windmill Hyll" in Ash foresaid.  And one piece of land called Augur containing 8 acres more or less in Ash foresaid.  And also of an in one piece or parcel of land then divided into 3 parcels called "Hockle" containing 14 acres more or less.  And one piece of woodland called Hockle Spring, containing 1 acre more or less.  And of and in another parcel of land called "Thunderhold" being about 1 acre and a half with the appurtenances in Ash aforesaid.  And of one other piece or parcel called "Broadfeild" containing 5 acres more or less in Ash aforesaid.  And of and in one other messuage or tenement then or late in the occupation of Stephen Swann, his assignee or assigns.  And one garden, orchard and piece or parcel of meadow containing about half an acre to the same belonging, situate in Ash foresaid.  

And these [......] likewise she taketh it to be true that the said Robert Averell, being so as is aforesaid seised by indenture made on or about hte 10th day of April in the 17th year of the late King James [1619] between him the said Robert Averell o fthe one part, and one Edward Woodden and one Robert Field of the other part, covenants to suffer a common recovery of the said messuages and lands and other the premises to the uses following, that is to say.  As concerning the said messuage called Houlds with the appurtenances; and the said 3 parcels called Goulds Field, Impe and the Badach with the appurtenances; and the said messuage or tenement called Curslocks and the said 2 pieces of land called Curslocks with the appurtenances to the use of one Alice Averell for her life, since deceased, and after the death of the said Alice to the only use of the said Robert Averell, his heirs and assigns.  And as to the said parcel of land called Broadfield and the said messuage or tenement in the occupation of the said [Steven Swann]; and the said garden, orchard and parcel of meadow to the same belonging, to the only use of hte said Robert Averell, his heirs and assigns forever.  And concerning the said messuage or tenement called Augur; and the houses, buildings, yards and orchards thereto belonging; and all the residue fo the said lands and premises with the appurtenances whereof no use is before mentioned, to be limited by the said indenture, to the aforesaid Robert Averell and this defendant Margery, his then wife for and during the natural lives of the said Robert and this defendant, and the life of the longest liver of them, for an in recompense of the jointure, dower and title of dower fo this defendant, and to the use of the heirs of the body of the said Robert and this defendant, and for default of such issue, to the right heirs of the said Robert Averell, this defendant's said late husband, his heirs and assigns forever, and to no other use, intent, or purposes whatsoever.  As by the said indenture whereon to and form more certainty this referreth herself, it doth and may more fully and at large apear.  And this defendant likewise taketh it to be true; that in pursuance of the said indenture, a good and sufficient common recovery was shortly afterwards duly had and obtained, accordingly.  

But this defendant doth also deny that she gives out in speeches, that Alice the wife of William Averell in the bill mentioned has at the time of the said recovery, suffered or obtained an estate for life or any other estate in the premises or any part thereof, and that therefore, and for that she the said Alice was not made tenant to the precipe, whereupon the said recovery was suffered or had that the said recovery was void as to such part, for this defendant verily believeth ath the said Alice, having some estate for her life in that messuage or tenement, part of the premises called Howlds as aforesaid,  and the said 3 parcels of lands to the same belonging called or known by the names of Gouldfield, Impe and the Breach, containing 20 acres, situate in Ash aforesaid; and in the said messuage or tenement called Curstlocks and the said two pieces of land thereunto belonging, containing 6 acres, situate in Hartley in the said county.  That she the said Alice did before such recovery suffered or had release to the said Robert, this defendant's said late husband, his heirs and assigns; all her the said Alice her estate, right, title and interest therein, with this defendant doth the rather believe to be true, for that she this defendant lately had the said deed of release in her, this defendant's custody, the same being to the purport and effect aforesaid, and bearing date on or about the 16th day of April in the 17th year of the reign of the late king James, and now in the said complainants' hands.  And this defendant believeth whereunto this defendant for more certainty referreth herself.  And this defendant doth also deny that she ever gave out in speeches that the said Robert Averell, this defendant's late husband made no will, for this defendant doth acknowledge that the said Robert, this defendant's said late husband on or about the 16th day of August in the year of our Lord 1656 made his last will and testament in writing, whereof he made this defendant his sole executrix.  And thereby gave the house wherein he then lived, together with all the lands ?????? then used to this defendant, during this defendant's life.  And after this defendant's decease, that he thereby gave and bequeathed the same unto James Miller, one of the complainants, his heirs and assigns forever.  And also that he thereby gave to the other complainants William Miller, Richard Miller and Thomas Miller, their heirs and assigns forever, three tenements, parcel of the premises (two whereof are situate and lying in Ash aforesaid and the other in Hartley aforesaid, with all and singular the several pieces and parcels of land therewith then used, under such proviso, condition and limitation as is mentioned in the said last will and testament of this defendant's said late husband, as by the said last will and testament of your oratrix's said late husband, who died shortly after the making thereof without issue, proved by this defendant before the judges for probate of wills and granting of administrations, and there now remaining as this defendant believeth whereunto this defendant referreth herself more fully and at large it doth and may appear.  

And this defendant believeth that the said Alice is long since dead and this defendant claimeth no greater an estate in the premises or any part thereof other than a bare estaet for her this defendant's life in the house, wherein he the said Robert Averell, this defendant disclaimeth any estate or interest therein, or in any part thereof.  And this defendant denieth that ever she, this defendant, refused to prove her said late husband's will, for this defendant very shortly after her said late husband's decease proved the same in due form, before the judges for probate of wills and granting of administrations.  And this defendant likewise denieth that ever she gave out in speeches that the said will was void in law to any part of the premises for the reasons or any other the causes or reasons in the bill pretended.  And also denieth that she ever claimed or claims any privilege of being dispunishable for waste in any part of the said premises, for this defendant utterly waives and disclaims the same or amy such privilege.  And denies that she did ever intend to suppress the said will or any other the writings concerning the premises, or any part thereof, for this defendant saith the said last will now remains safe as this defendant believeth, in the said court for probate of wills, and the other writings which came to this defendant's hand, this defendant hath lately delivered or cause to be delivered to the said complainants, some or one of them, for their use to whom they do properly belong, as this defendant conceiveth for the defence of their title, and therefore wonders why this suit is prosecuted and continued against her, this defendant.  And this defendant denieth that she hath at any time made any fraudulent or other estate of the premises or any part thereof to any person or persons whatsoever, or that she intends to do the said complainants or any of them out of the possession of the premises, or to defeat them of any their estates devised to them as aforesaid, or that she hath committed any waste or spoil in the premises or any part thereof, or that she doth combine with the other persons inteh bill mentioned for defendants, or any or either of them, to defraud the said complainants or either of them of their or either of their said estates.  And this defendant saith that she shall not oppose the bringing in of the said will into this honourable court, if this honourable court shall so think fit for the said complainants to examine on for proof thereof, for the safer custody or preservation thereof, or for any other reasonable cause.  And this defendant believeth that one Henry Reeve and Elizabeth Stephens were witnesses to the said will, and saw this defendant's said late husband publish and declare the same.  And lastly this defendant saith that she, this defendant, was present when her said late husband pubished his said will and that this defendant's said husband was then of a good and disposing memory and understanding.  Without that that any other matter or thing in the said complainants' said bill of complaint contained material or effectual in the law for this defendant to answer unto and herein and hereby, not sufficiently answered unto, confessed and avoided, traversed or otherwise denied, is true, to the knowledge of this defendant.  All and every which said matter and matters, thing and things this defendant is and will be ready to aver, maintain, justify and prove as this honourable court shall award.  And humbly prayeth to be dismissed with her costs and charges in this behalf wrongfully and without cause sustained.

John Raymond

Sworn the 10th day of November in the year of our Lord 1657 at Ash in the county of Kent before us, Edward Wooden and Thomas Scudder, commissioners by virtue of a commission to be directed in that behalf.

(S) Edward Wooden

(S) Thomas Skudder

"Hockle" is presumably the 16 acre holding by the White Swan owned by Thomas Scudder in 1840 including "Milbury Hockley" and "Milbury Hockley Shaw"

Thunder Hole in 1840 was field 255 in Cuckolds Corner holding, but then 5 acres.

Great Augur, Little Augur and Little Augur Shaw in 1840 were fields 263, 265, 266 off Pease Hill, but then 4, 1, 1 acres.

Great Emps in 1840 was field 262 off Pease Hill, but then 7 acres.

Bradfield is on 1840 map no 376 at Ash Street, then 7 acres.