C 5/15/3 f.1

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Transcription

This transcription requires some further work, 14/10/11, CSG

To the right hon:ble the Lord Commissioner of the great Seale of England//

Humbly complaineing showeth unto yo:r lordshipps yo:r dayly Orator Tobell Aylmer of the parish of S:t Martyns Ludgate London Esquire, That whereas heretofore//

that is to say in or about the month of November in the yeare of our Lord God one thousand six hundred forty and nyne S:r ffrancis Williamson knight Edward Clovyll//

of London Esquire Edmund Lascelles and Phineas Rogers or some or one of them haveinge occasion for money did by themselves or by some other person or psons//

imployed by them repaire unto yo:r orator, knoweing yo:r orator besides his owne estate was trusted with the disposeinge of the moneys of one Dorothy Reeve widdow//

and acquainted yo:r orator with theire present occasions which was then p:rtended to be for the assistance of the said Clovill in a suite which was pretended//

he had in this hon:ble Co:rt uppon the receiving whereof the said S:r ffrancis was to have a ffarme called Saybridge farme or some other farme & certaine whereof//

yo:r orator now remembreth not, but the same is well knowne unto all the said pties, And in regard thereof the said S:r ffrancis was to be bound for the money, And then//

p:rtended the said S:r ffrancis to be a man of a very great estate and requested yo:r orator to furnish them with the some of one hundred and twenty pounds or some//

other such lyke somme to be repayed with Interest, And yo:r orator not then haveing p:rsent money of his owne to assist them with and not knoweing the said S.r ffrancis//

nor ever haveinge soo much as seene him, did ?require after the ability of the said S:r ffrancis, and hearringe he was a man of a good estate did thereuppon repaire//

unto the said Dorothy Reeve, and ácquainted her therewith who then seemed well pleased to lett out soo much money att interest unto them, And one John//

?Hagdone of London Scrivener was imployed in the business to drawe a bond from them the said Edward Clovyll and S:r ffrancis Williamson to the said Dorothy//

Reeve, in which said bond the sd S:r ffrancis w:mson & Edward Clovyll did on or about the fifteenth day of November in the said yeare of our Lord God one//

thousand six hundred forty and nyne become bound unto the sd Dorothy Reeve in some penalty for the payment of the somme of one hundred twenty and foure//

pounds and sixteene shillings, upon the eighteenth day of May then next followinge, And yo:r orator hath heard ánd doth beleive that the said S:r ffrancis//

had formerly from the said Edward Clovyll to save him harmless from the bond aforesaid in case he did not recover in his said suite and lett the sd S:r//

ffrancis have the said farme or to some or other effect & purpose the certainty whereof yo:r orator cannot discover, But now soe it is may it please yo:r Lopps//

That the said moneys not beinge paid att the tyme by the condicon of the said bond limitted, and the said Dorothy Reeve beinge inforced to sue for &//

recover her said moneys soe lent as aforesd, then the said Edward Clovyll ánd S.r ffrancis Wmsson by commbynation with the said Phineas Rogers and Edmond//

Lascells intendinge to defeate yo:r orator of the sd somme, & unjustly to devide & share it amongst themselves, have & doe p:rtend & give out in speech as in//

That the sd S:r ffrancis became bound in the sd bond att the request of yo:r orator, and that yo:r orator did promise the s:d S:r ffrancis W:msson that if he would//

become bound therein, to save and keepe harmeless him the said S:r ffrancis of and from the said bond, or some promise to the like effect, whereas in trusth//

yo:r orator did never see or know the said S:r ffrancis, untill the tyme of the sealinge of the said bond, when yo:r orator was a witness only to the sealinge//

and delivery of the said bond, And the said Lascells who is p:rtended to be the Cheefe Witnesse to prove the said p:rtended promisse is, or was//

ingaged to save harmles the said S:r ffrancis Williamson from the sd bond & helpe him to the sd farme. & now haveinge agreed to devide the moneys//

amongst themselves, intend by the combynacon aforesaid to lay the whole burden uppon yo:r orator, and to make him pay the said moneys//

contrary to all right equity and good conscience. In tender consideration whereof and for that yo:r orator is altogether remediles elswhere//

but before yo:r Lopps in the hon:ble Co:rt where it is only prop to releive against ?franck combynacons of this nature the which are alwayes contrived//

in private & cannot be discovered but by the oath of the partyes themselves, & which yo.r orator cannot have but by the ayd and ássistance of the hon:ble//

Co:rt To the end therefiore that they may be compelled thereunto, And that the said S:r ffrancis, and the other Condeferats may severally sett forth//

whether yo:r orator had ever any acquaintance or communicaon with the said S:r ffrancis W:msson or the said Lascells before the sealinge &//

delivery of the said bond & att what tyme or tymes & where the same was, in whose p:rsence & uppon what occation, and may uppon theire//

oathes discover what moneys they or any of them, & which of them, have already received or are to receive of the said moneys in case yo:r orator//

?is compelled to make repayment to the said S:r ffrancis, or uppon what other condition or agreement, and may alsoe discover theire pticular//

pts or share where they, and every or any of them were or are to have of the said moneys which should happen to be recovered of yo:r orator//

by the meanes and practice aforesaid, And that the said S:r ffrancis W:msson may uppon his oath sett forth what share he had of the said money and//

what counter security from the sd Edward Clovyll or the sd Lascells or any other pson and whom, And whether he became bound uppon yo:r orators intreaty//

or by what other meanes and uppon what other consideration. That thereuppon & uppon such other proofes & ?Acquaintances of yo:r orator shalbe enabled//

to pduce yo:r orator may be releived in all and singular the p:rmisses accordinge to equity, May it therefore please yo:r Lopps the p:rmisses considered//

to grannt unto yo:r orator one writt or more writts of Subpena to be directed unto them the sd S:r ffrancis W:msson Edward Clovyll Edmond Lascells//

and Phineas Rogers & every of them, commandinge them & every of them psonally to be and appeare before yo.r Lordshipps in the high Cor:t of//

Chancery att XXXX XXXX and there to answeare the prmisses, And further to stand to and abyde such order and direction therein As to yo:r Lopps//

XXXXXXXX to ágree with equity & good conscience, And yo:r orator shall pray yo.r Lopps hea?th xr.

Jo: Vince

Sources

Primary sources

TNA

C 5/43/4 Aylmer v. Michenson: Essex 1663

C 6/130/5 Short title: Aylmer v Clovile. Plaintiffs: Tobell Aylmer. Defendants: Edward Clovile, Joan Riddesdall and Edward Basse. Subject: property in West Hanningfield, Essex. Document type: bill, answer. 1654
C 6/224/27A Short title: Clovill v Williamson. Plaintiffs: Mary Clovill and Elizabeth Clovill. Defendants: Edmund Williamson, Wignoll Bigg and John Rouse. Subject: property in Felsted, Essex. Document type: bill, answer. JFP 1677

C 10/5/21 Edward Clovyle and Anne his wife, Tobell Aylmer, John Higden, Edward Shelton, Edmund Burton and others v Thomas Barker: West Hanningfield, Essex 1649

C 10/93/11 Ball v. Blackwell, Aylmer, Starkey, Pary, Pratt, Cunditt: Middx 1662