336 Broughton Gifford. 
to make a greater benefit thereof, refused and denyed the bargain 
and to that end confederating with Henry Brounker wylled him 
to give out in speech that there was no contract for the wood 
between himself and Edward Long, or, if there were, it was 
conditional and upon trust to be realised to Henry Brounker, 
whereas it was in truth absolute, as Henry Brounker hath since 
confessed; and upon this confederacy Henry Brounker and Edward 
Long went about to cause conveyance to be made of this wood to 
some persons on trust for their use and for the children of Edward 
Long, and so to defraud Sir William Eyre as well of his bargain 
as of the sum he had already paid. Whereupon, certain proceedings 
were taken in Chancery, when reference was agreed on to Sir John 
Popham, Knight, Lord Chief Justice ;! who suggested one of two 
alternatives, either a trial at common law as to the agreement, 
which course the defendant (Edward Long) disliked; or secondly, 
that half the wood in question, next adjoining Sir William Eyre’s 
ground (wherein value and not quantity should be respected), 
might be assured to Sir William Eyre for half the price agreed on 
for the whole: for that Sir William Eyre took some hurt by the 
bankes of this wood near his warren, and that he wanted wood 
also; and that the other half should be conveyed to Brounker, in 
respect that he too wanted wood to his house. To which motion 
Sir William Eyre agreed, but Edward Long referred to Brounker, 
who refused to assent, and desired that the same might be referred 
to the court. Then it was ordered, that if defendants should not 
accept one of these suggestions, then this court intended not that 
the Chief Justice’s trouble should be spent in vain, through defen- 
dants’ obstinacy; but that order should be given for the end of 
the cause according to one of the suggestions. Then it appeared 
that Edward Long elected a trial at common law upon the said 
agreement: in which trial, verdict was given for the plaintiff, and 
1 He was probably induced to exercise his good offices from his connection 
with Lady Jane Horton. His name frequently occurs in the Broughton deeds, 
where the Hortons are concerned. He seems never to have declined trouble, 
where he could be of use. He was a great agricultural improver. He procured 
an Act for draining the fens of the Isle of Ely and the lands in adjacent coun- 
ties, During his life he carried on the work with great spirit. 
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