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The document consists of two parchment sheets, the first containing the Bill, the second the Answer. The complainant is Susan Neale, widow of Robert. The defendants are William Mosyer, Richard Platt, Henry French, and Thomas Walker. At issue is certain copyhold lands in Paris Garden. The Bill rehearses the plaintiff's view of the history of the manor, and the changes in tenancy and copyhold that discomfit her. Text has been modernised, but surnames retain their original spelling. In line 65 of the Answer the scrivener, having written some text, scraped it away and replaced it with a string of xxx. Ellipses indicate missing or unreadable text; words enclosed in {curly braces} are questionable readings. For unfamiliar terms see the Glossary.
    • The Bill of Complaint of Susan Neale
    • The Answer of William Mosyer et al

The Bill of Complaint of Susan Neale

30 Aprilis 1596

To the Right Honourable Sir John Puckryng knight Lord Keeper of the Great Seal of England

[1] Most humbly complaining sheweth unto your honorable lordship your lordship's daily oratrix Susan Neale, widow, late the wife of Robert Neale esquire, deceased. That whereas the right honorable Henry, lord Hunsdon, and Chamberlain of her majesty's [2] most honorable household, Robert Newdigate, and Arthur Fowntayn, gent, were lawfully seised in their demesne as of fee, of and in the manor of Paris Garden, with the appurtenances, in the county of Surrey, and whereas also one Thomas Davyes the elder, [3] waterman, now deceased five years last past or thereabouts, being a customary tenant, and holding, by force of some copy of court roll, two messuages, tenements, and gardens in a place called the Upper Ground, parcel of the said manor, as of an estate of [4] inheritance unto him and to his heirs according to the custom of the manor, did among other copyholders about 16 years past compound and agree with the said lords and owners of the manor aforesaid to accept, and take unto themselves, or unto [5] others to their use, a lease for the term of two thousand years of all their copyhold and customary messuages, lands, and tenements which they held within the said manor, among which the said two messuages, tenements, and gardens now of your oratrix, was one; for and in [6] consideration of which lease they the said lord chamberlain and the said Newdygate and Fountayne were to have and receive of the copyholders of the said manor (whereof the said Thomas Davyes, in respect of the tenements now in question was one) the sum of £600, [7] whereupon afterwards by common consent, aswell of the said Thomas Davyes the elder as of the rest of the said customary tenements, and by their special denomination and appointment the said Lord Chamberlain, together with the said Newdygate and Fountayne, about 16 years [8] now past did demise and grant by indenture unto one Thomas Tayllor of London, esquire, and to one Richard Platt aswell the said two messuages, tenements, and gardens now in question, as also all the rest and residue of the said copyhold and customary messuages, [9] lands, and tenements, to have and to hold for and during the time of two thousand years then next ensuing and fully to be accomplished, which lease was granted unto the said Tayllor and Platt without any manner of consideration therefore paid or given for them, [10] or either of them, but upon mere trust and confidence only for the benefit, good, and profit of the said tenants respectively, viz, each one to have his own particular copyhold tenement unto himself, by force of and according to the true meaning of the making of the said lease, [11] in consideration of which lease the said six hundred pounds were well and truly satisfied and paid accordingly, of which £600 he the said Thomas Davyes did duly answer, bear, and pay his full rate, share, and contribution with the rest of the said copyholders, for [12] and in respect of the said two messuages, tenements, and gardens now in question. And always after held himself in as by force of that lease of 2000 years (though taken in trust by and in the name of the said Tayllor and Pratt) and took and received the issues and [13] profits thereof by that title, relinquishing and not regarding his estate which he had therein by copy. And not long after, viz about five years past, he the said Thomas Davyes so being possessed of the use of the said term in and to the premises, and taking always [14] always the profits thereof to his own use, made and declared his last will and testament in writing, and thereof constituted and made the said Francis Langly, together with one Thomas Davyes the younger, to be his executors, and so died. After whose death the [15] said Thomas Davyes, the nominated executor, being absent in the parts beyond the seas, where he departed this mortal life, your lordship's said subject Francis Langley solely preferred the said testament to approbation [= probate] and took upon him the sole administration of all and singular the [16] goods and chattels which was the said Thomas Davyes the elder's at the time of his decease. After whose decease the use of the said term by survivorship did come unto the said Francis Langlye the surviving executor, who was thereof solely possessed. And so possessed, [17] he the same Francis Langly, by indenture bearing date in or about July in the 37th year of her majesty's reign [=1595] did, upon good considerations, demise and let the same two messuages, tenements, and gardens in question unto your said oratrix for the term of one [18] hundred years then next following, and fully to be complete and ended, at and for a certain rent thereupon reserved, as in and by the same indenture of lease, whereunto relation be had, more at large appeareth, by force of which demise she the same your oratrix [19] into the same premises entered and was thereof possessed for the term specified in the said indenture. But so it is, if it may please your good lordship, that one William Moysar of Bromley in the county of Kent, the said Richard Platt, one Thomas Walker, and [20] one Henry Frenche, all of them having notice and knowledge aswell of the said trust as of the same estates, having confederated themselves together of purpose to defeat and avoid the lawful estate and interest in conscience which your oratrix hath in the premises [21] obtained by lease from the said Langley, and by color of having by divers deeds, evidences, and writings touching the premises and specially by color of having of the said indenture of lease made unto your oratrix being casually lost, and come into the possession of them, [22] or some of them, they the said William Moyser, Thomas Walker, and Henry Frenche have not only wrongfully entered upon the possession of your oratrix of the said two tenements and gardens, and have utterly expulsed her of and from the possession of the same, and as yet do with [23] like wrong withhold her from the possession and profits thereof, and have contrived and made sundry secret estates of and upon the premises unto and among themselves by procuring not only (as they affirm) the said Thomas Davyes in his lifetime to make some secret, void, [24] and covenous surrender of his copyhold estate in the same premises unto him the said Moyser, which is not true; but if it were true, yet the same surrender was most corruptly and indirectly obtained by bad shifts and devises without any consideration given or paid [25] for the same. And not therewith contented, the said Richard Platt by the devise, encorruptment, and persuasion of the said William Moyser, did for some reward to him given or promised to be given, contrary to the said special trust and confidence, [26] convey or make (as it is supposed) some secret estate or conveyance of the said tenements and premises unto the said Henry Frenche by the appointment of the said Moyser, which Frenche did also know of the said trust, and from the said Frenche the same [27] estate was passed over unto the said Walker, one other of the said confederates and one likewise well acquainted with the said trust, by means of which several devised conveyances your oratrix is and hath lately been put to much molestation, suit, and [28] trouble touching the premises, and is forcibly detained and withheld from the possession of the said two tenements and premises, which tenements were her dwelling house, to her undoing, and so is like to be hereafter if by your honorable means the same be [29] not prevented. And albeit your said oratrix hath often desired to have performance of the said ancient trust and to have restitution of and unto the said tenements and premises and to the mean profits of the same, together with the said indenture of lease thereof [30] made to your oratrix, yet that to do, they the same William Moyser, Richard Platt, Henry Frenche, and Thomas Walker have utterly denied and do yet deny to do the same contrary to all right, equity, and conscience, and to your oratrix [31] great loss and hindrance. In tender consideration whereof, and for that your oratrix knoweth not the date of the said indenture, nor wherein it is contained, and hath no other means to compel the said Richard Platt to perform the ancient trust [32] [...] yet can well be holpen, but in equity against the said William Moyser, Henry Frenche, and Thomas Walker, who ought in all reason, knowing of the said trust, be urged to perform the same. May it therefore please your honor, the premises [33] tenderly considered, to grant her majesty's most gracious writ of subpoena unto the said William Moyser, Richard Platt, Henry Frenche, and Thomas Walker to be directed, commanding them and every of them forthwith personally to appear [34] before your honor to answer to the premises and to stand to such order and direction therein as to your lordship in equity shall be thought meet. And your said oratrix shall daily pray to God for your lordship's long life in health with much increase [35] of honor.
The Answer of Richard Platt, William Mosyer, Henry French, and Thomas Walker
Some rubbing-out or decay of text along the right edge of the document, and in the lower left corner, renders certain words unreadable (see image); such places are marked by ellipses, as are the occasional places elsewhere in the document that are problematic. Apart from these difficulties, the document is intact.


Juraberunt ... undecimo Maii 1596
The joint and several Answers of Richard Platt, William Mosier, Henry French, and Thomas Walker, defendants, to the Bill of Complaint of Susan Neale complainant

[1] The said defendants and every of them by protestation, not confessing the complainant's Bill nor any material matter in it set forth to be true in such manner and form as therein they been set down, sayeth that the matters [2] in it are tryable by the common law, to the which they prayen dismission with their costs then here to be retained. Yet if otherwise they shall be compelled to make further answer, then as now and at all times saving to them [3] and every of them all advantages of exceptions to all and every insufficiency and incertainty thereof. First, the said Richard Platt and William Mosier, two of the defendants, for their parts sayen, and either of them sayeth, that [4] long before the complainant's Bill here exhibited against them, one Robert Neale, late husband to the complainant (who deceased about three years past) and one Francis Langley, named in the said complainant's Bill, did [5] exhibit their Bill into this court against these defendants and others, containing in it, amongst other things, that Thomas Davys and others the copyholders of inheritance of the lands, tenements, and hereditaments, parcel [6] and holden of the manor of Paris Garden in the county of Surrey, did for the sum of six hundred pounds obtain and take a lease of all their copyholds in the name of [blank] Tayler and Platt in trust to the use of [7] the said [blank] Davis and of the said copyholders. And that the said Davis thereby was possessed of the said use, interest, right, and term. And that the said defendant Mosier by some means had gotten some supposed [8] surrender and imagined conveyance of the said copyhold after Davys' death. And that afterwards the said Davis made his last will and testament. And of the same constituted one Thomas Davis the younger [9] and the said [blank] Langley his executor and died. And that the said Davis the executor was then absent beyond the seas or dead. And that the said [blank] Langley solely proved the said will and took [10] upon him the execution thereof, and that afterwards by sundry means he had traveled to procure this defendant the said Richard Platt defendant and the said Thomas Taylor to grant all the term of two thousand years unto the said [11] Langley in and to the said lands which they had denied. And that he had made a lease of the same unto the said Neale for and during the term of one hundred years. By virtue whereof he entered and was possessed [12] and prayed release in equity as in and by the said Bill or in substance to those effects amongst the things in it contained further may appear. To which Bill these defendants appeared and made their said Answer [13] and proceeded to examination of witnesses publication. And through the travel and means of the said defendant Mosier a day was set down for the hearing of the said cause in the last Hilary term, at which time [14] these defendants and their counsel appeared then and were ready for the hearing of the said cause. But the said Langley made default, whereupon the said cause was dismissed out of this honorable court. And the [15] said defendant William Mosier for his part further saith that depending the said suit how it was by order in this court referred to a trial at the common law and thereupon an issue was joined and afterward [...] [16] given to a jury by counsel learned on both parts. The said jury did give their verdict upon the title and evidence given for him that claimed certain years under the right of the said defendant Mosier and [...] [17] upon judgment was given accordingly. And in the end of the last term, possession was delivered the sheriff for all which causes. And sithence the complainant by her Bill does not set forth or make [...] [18] better title, but in substance the same former title here complained of, albeit shadowed under the pretense or color of a new lease made thereof by the said Langley in July last unto the complainant [...] [19] same lands. These defendants humbly pray the consideration of this honorable court in the premises. And that for the said causes, they may be dismissed hence with their reasonable costs and charges [...] [20] sustained. And yet further to satisfy this honorable court, the said William Mosier for his part saith that the said Thomas Davis and all other the copyholders of the said manor of Paris Garden [...] [21] being desirous to be at a fine certain upon all and every admission upon any surrender by death or otherwise, and not to be subject to such forfeitures, encumbrances, and seizures as copyholders [...] [22] sundry manors. And yet minding to preserve and keep the said copyholds without extinguishing or determining their said estates of copyhold for such term or estate as they shall g[...] [23] them, for they the said copyholders being many in number therefore did enter into communication amd in the end about April in the 22nd year of the queen's majesty's reign that now is [=1580] did conclude with the lord [...] [24] said manor, that is to say, the lord of Hunsdon, Newdigat, and Fountaine. and And then dod take of the said lords of the said manor in the name of tha said Thomas Taylor and of the said Richard Platt one of [...] [25] defendants. A lease of all the copyholds amongst other things for and during the term of two thousand years to commence and begin from the Feast of the Annunciation of our Lady then last past [...] [26] thereof for the more certainty herein these defendants do refer themselves to the sight of the said lease, by virtue whereof the said Richard Platt and Thomas Taylor were (of the said copyholders and of such [...] [27] things demised to them contained in the said lease) possessed accordingly. And they so being possessed, the said Thomas Davis being seised of the inheritance of the said copyhold or customary lands in question, according to the custom of the said manor, did [...] [28] said Davis afterwards, that is to say, in or about February in the two and thirtieth year of the queen's majesty's reign that now is [=1590] did surrender the same into the hands of the said Thomas Taylor and Richard [29] Platt to the end and intent they should grant the same by copy to the said Davis for his use and then to the use of this defendant Mosier and his heirs at the will of the lord according to the custom of the said [30] manor, which accordingly was done, as in and by the copy thereupon granted ready to be shewed to this court may appear. By virtue whereof the said Davis did enter into the said lands now in question [31] and was thereof seised in his demesne as of freehold at the will of the said Thomas and Richard according to the custom of the said manor. The immediate reversion of the copyhold estate expectant upon the same to the said [32] defendant William Mosier. And the said Davis so being seised of such his estate in the same amount four or five years sithence died thereof seised. After whose death the said defendant William Mosier did enter into [33] the said lands in question, and was thereof seised accordingly and in right ever since should and ought to have taken the issues and profits thereof. But through the malices of the said Langley and the said [34] Robert Neale now deceased Neale who by color of the supposed lease of one hundred years abovesaid, and since that the now complainant in like manner hath interrupted the said defendant by color of the said new lease taken of [35] the said Langley who should have been but {cestin que} use of the said term if it had been granted to the said Taylor and Platt in trust to such use as the complainant pretendeth (as it was not). And the now complainant hath [set] [36] about to vex and trouble this defendant and the rest of the defendants without any good, just, or lawful cause, as he hopeth to prove to this honorable court. Without that, that the said lease of 2000 years was made [37] upon other trust and confidence or to any other use of the said Davyes than of him and his heirs such as should have been interessed in the copyhold estate, and not to the use of the executors or administrators of [38] the said copyholders or any of them. Or that the said Langly lawfully thereby can make any good and lawful title to the lands in question for this deponent the said Mosier saith he hopeth to prove to this honorable [39] court that the said lease was made upon special trust and confidence to the use of the said Davyes and of the said several copyholders, their heirs and assigns, respectively for every of their copyholds [40] and that that is to say the said Thomas Taylor and Richard Platt, their executors and assigns should and ought to grant them the copyhold estates to the said copyholders and to such person and parcels persons their heirs and [41] assigns as by surrender they shall be disposed and given unto, to hold by copy of court roll at the will of the lord according to the custom of the said manor, and not to convey the interest of the said lease of 2000 years to the use of the executors or administrators [42] of the said copyholders or any of them in such sort as by the complainant is pretended. And accordingly the said defendant Richard and the said Thomas Taylor have performed the said trust and confidence. [43] And the said Richard Platt for his part further saith that seeing of the complainant's showing, it appeareth that the said lease of two thousand years was made to this defendant and the said Thomas [44] Taylor now deceased for and in trust and upon special confidence. And for that it doth appear in the said Bill either that the said Taylor and this defendant together, or that this defendant surviving him [45] hath or have granted the residue of the said term for 2000 years or the said lands in question to the said Langley, whereby he might be able to demise the same to the now complainant, and that there is [46] no cause to impeach this defendant. And therefore this defendant humbly prayeth the consideration of this honorable court towards him, that since no good title appeareth for the complainant upon her [...] [47] showing. And that therefore he may be dismissed hence with his costs. Notwithstanding for the better satisfaction of this court and the truth concerning the said lease saith that the [48] said lease of 2000 years was made and granted to the said Thomas Taylor and to the said defendant Richard Platt, their executors and assigns, upon special confidence and trust for and to the use of the said several copy [49] holders of the said manor, their heirs or assigns respectively, to the end and intent (as they ever took it) that they this defendant and the said Taylor, their executors or assigns, might from time to time take [50] surrenders and accordingly grant estates and admit those to whose use they were made according to the said surrenders of the said copyholders, their heirs and assigns, respectively, without rent, fine, or [51] exaction to be imposed by this defendant and Tayler or by any other which should claim any interest by, from, or under them by force of the said lease or any part thereof upon any such copyholder or copyhold estate either of executors of them so that it might be presumed that it [52] [...] should be to the use either of the executors of the said Thomas Davis or of the executors of the rest of the said copyholders. And therefore whether neither this defendant and the said Taylor nor any of them as he persuadeth himself in equity or in conscience [...] [53] [...] or ought to grant the said interest and term of 2000 years or any part of it, or the said lands, tenements, or hereditaments in question, ne the residue of the said term of 2000 years abovesaid to any person or persons other than to the copyholders of [54] [...]e premises in question, and the residue of the said copyholders, their heirs or assigns, or to such person or persons as they shall therefore appoint, for and to the uses respectively for the better approbation and supportation of their copyhold estates as aforesaid, and [55] [...] further saith that he verily believeth that there is not any person of credit that will affirm and depose that the said lease of 2000 years was made to this defendant and to the said Taylor now deceased upon any other trust, use, or cause, and without [56] [...] that, to the knowledge of this defendant, the said defendant, the said Thomas Davys did hold himself in as by force of the said lease of 2000 years relinquishing and not regarding his estate that he had in the same by copy. Or that the said Thomas Davis being possessed [57] the said trust made by the making of his said last will and testament and then died of possessed of the youth use of the said term and premises in question otherwise than is before expressed. Or that thereby the said use did or could survive to the said Langley in such manner and form as in the said Bill is alleged, or that he was [58] [...]lely thereby possed [sic] the rest as this defendant taketh it, or that by force of any such possession he did or could lawfully demise them unto the complainant for the said term of 100 years, as in the said bill it is untruly suggested. And the said other defendants Walker & French [59] [...]er parts sayen that they do not claim anything in the said lands & tenements in question, but for certain years yet enduring. Without that, the said Richard Platt, William Mosier, Henry French, and Thomas Walker had [...] notice and knowledge of [60] [...] pretended trust by color of the said deeds, evidences, and writings and of the said indenture of lease made to the complainant being casually lost and comen to the hands and possession of this defendant or some of them as the complainant confesseth, have confederated [61] [...] together to defeat & avoid the plaintiff's lawful estate and interest to the said lands, if any such were, or that to this defendant's knowledge they have wrongfully entered upon the complainant's possession and so wrongfully hold the lands in question from the complainant [62] [...] have contrived and made sundry secret estates of the same unto and amongst themselves by procuring the said Davis to make some [...] void and covenous surrender of his said copyhold to the said defendant Mosier in such manner and form as in the said [63] [...] it is falsely and most untruly suggested against them. And the said defendant Richard Platt denyeth that he contrary to the special trust and confidence reposed in him by the device, corruption, and persuasion of the said Mosier for some reward given or promised him [64] the said Mosier hath made some any secret or other estate & conveyance of the lands in question, as in the said Bill is unjustly and falsely surmised and set forth. But for such acts as he hath done and charge concerning the premises in question he is ready to aver and justify the same. And the [65] said French and Walker further sayen they deny do not know that the said lease of 2000 years was made to the said defendants Richard Platt and Thomas Taylor, now deceased, upon such trust and confidence as is surmised in the complainant's Bill. Without that, [66] [...] said defendants Richard Platt, William Mosier, Henry French, and Thomas Walker, or any of them, now hath or heretofore had the said indenture of lease made to the said complainant by the said Langley. And without that, that there is any other thing, natural [67] [...] matter set x x x x forth in the complainant's Bill which in this Answer is not sufficiently confessed and avoided, traversed or denied, is true. All which matters these defendants they are ready to aver and prove, as this honorable court shall award, and humbly [68] [...] pray they may be dismissed out of the same with their reasonable costs and charges in this behalf wrongfully and unjustly sustained.