[Endorsement by unknown hand:]
A reporte of the cause in Controversie between Sir John Clyfton knight and
William Kyrforde. 85./
[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./