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Transcript ID: HRL/002/HTML/214

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SP 12/184/51 f. 137r - v. William Herle's report from Devon (sent to Lord Burghley?) After the word 'Kirford' in the paragraph beginning 'I right honorable', the page is badly eroded and Herle continues his script in the left hand margin, breaking from his usual practice of beginning top left, and instead commencing in the middle of the margin. The paper appears to be much longer than usual. 
Address Leaf:
[Endorsement by unknown hand:] A reporte of the cause in Controversie between Sir John Clyfton knight and William Kyrforde. 85./
Letter Text:
[fol. 137r] Sir John Cliffton Knight, & william Cliffton his father decessed: grawnted to John Bord, Robert Smith, & dyvers others, certayn Lands in the Cownty of devon [ Marginalia (by Herle): vz. the ferme of Charlton & the Tenement in churchenford./] which sithens have byn recoverd by on william Kirfford, by vertue of a former grawnt from the Late duke of Suffolk made unto the sayd Kirfords wife who was wrongfullye kepte from the same, by the sayd sir John Cliffton & his sayd Tenants by the space of 17. or 18. yeres: Since which recovery uppon complaynt made to mi Lords of the Cowncell, agaynst sir Jphn Cliffton by his sayd Tenants [dyvers] orders have byn taken for the satisfaction of dyvers of theme. And for that the sayd sir John Cliffton semes more willeng to depart with a further estate in the premisses then to make unto theme satisfaction: yett was ordred & agreed uppon, that the sayd sir John Cliffton sholld make unto the sayd kirfford a good assured estate of the premisses, for the terme of .3. lyves, or for yeres, determinable uppon 3. Lyves: And that the sayd Kirfford sholld pay dyvers somes of money then agreed uppon: Butt for that the sayd sir John Cliffton, & the sayd Kirfford, cowd not agree of the assurance; uppon report of sir Aymez Pawlett (to whom the matter was lastly comitted by my Lords) ytt was ordred whatt maner of assurance the sayd Kirfford sholld have, & lres written from mi sayd Lords to sir John Cliffton comandyng him to performe the same: which lres by him Receved, & uppon his fayth full promis to accomplyssh the contents therof: asswell his sayd Tenants as William Kirfford, before the justices of Assise, surrendred clerely their estats in the premisses: which don, he reffused to gyve ani other assurance, then suche as lyked him sellf, & that might be qwarrelled with the first daye in sondry materall poynts, wherffore the sayd Kirffords humble peticyon is to mi Lords, that he may ^have^ peremptory order from theme, for the qwiett enjoyeng of his former estate as the cawse in eqwitye reqwires: And that the sayd sir John Cifftons Tenants may be satisffyed att his hands, lyke as was first ment by mi Lordes, that they sholld be: for the sayd sir John hath so incombred the estate of the premisses that Kirfford is owtt of hope of ani good assurance therin.

The somes, which Kirfford was to paye, appereth by an order or accorde of Master Attorney generall that now is, He craveth to be perfomed with as mi Lords appointed by their lres to sir John Cliffton to be accomplisshed, the copy of which: under master Wades hand, is redy to be exhibited. otherwise yf he may enjoye his first estate, as before is mencyoned, & that the Tenants may be satisfied he humbly submittes him sellf to that which mi Lords shall decree on that behallf./

I Right honorable (att your comandment) have perused sir John Cliffton intricate by master Attorneyes order, & thys Lords lre to sir John: allso have examined the [ ... ] & circumstances asswell by the report of the Tenants As of Kirfford [ ... ] agreable to the extract I have made in this paper, which your honor wilbe plesed to interprete well of, for the shortnes of tyme I had to dele theryn. 28. november 1585 your honors most sincerley devoted W. Herlle.
[Postscript:] ytt apperes that sir John Cliffton is a verey willfull person, & that the wronges be mani that he hath offred to Kirfford & to the Tenants, which they complayne of nott long hable to endure his opressyons longer./

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