MRP: C10/5/21 f. 2

C10/5/21 f. 2

//The Answeare of Thomas Barker Defendant to the Bill of Complaint of Edward Clovile and Anne his wife Tobell Aylmer John Higden//
//Edward Burton and Ellen his wife Edward Shelton George Bently George Weale Richard Mounford and [Blank léeft in original document by clerk] Grey, Comp:lts//

//?The Advantages and benefitt of Excepccon to the manifold incertainties and insufficiencyes in the Comp:lts said Bill of Complyant XXXXX and att all tymes of or after saved and reserved unto this Defend:t for Answeare whereunto this Defend:t saith that true is that the Comp:lt Edward Clovile by Indentures//
//bearing Date the 1:st day of September in the 22:th yeere of the Raigne of the late King Charles of England Did Demise and Grannt unto this Defend:t (exceptinge as withesaid lease is excepted) All that Capitall Messuage and Mansion house in the Comp:lts Bill mencconed w:th Outhowses//
//Barnes Stables yards Gardens and Orchards thereinto belonginge and alsoe all the pastures Meadowes Ground and ?feedinge thereunto apperteyninge ?then ?Impaled and with the Tenure or Occupaccon of the Comp:lt Edward Clovile or XXXXXXXXX conteyninge togeather//
//by estimaccon 80 Acres more or lesse to have and to hould from the feast of S:t Michaell the ArchAngell ?hence & ?continuinge unto the full end and tearme of 7 yeares for and under the yeerly Rent of 60:li of lawfull money of England payable as here in is expressed//
//vizt upon the 26:th day of December then next following the somme of fifteene pounds And upon the 24:th day of June then next following 30:li And upon the 25:th day of Decemb:r next followinge the somme of 30:li And soe from and after the said 25 day of December the somme of sixty pounds yeerly alwaies in and upon the feasts of S:t John//
//Baptist and the Birth of our Lord God by equall porcons att the dwelling howse of Phillip RXXXX in ?Westhanningbury in the County of Essex ?formerly called great XXXXX And by the said Indenture the said Compl:lt Edward Clovile did Demise and XXXXX unto this Defend:t All those Lands Meadowes and Pastures Parte of the Inheritance of the said Compl:lt Edward Clovile called or knowne by//
//the name of ?Kenyas Meade and the 2 West feilds as they were then scituate in Westhammigfeild in the Bill ?and ?surrounded then in in the Occupaccon of ffrancis Jooffrey or his Assignes To hould from the feast of S:t Michaell theArchAngell then next followinge unto the full end and tearme//
//of 6 yeares for and under the yearly value of 20:li payable att the feast of the Nativity of S:t John Baptist And the Birth of our Lord God by Equall porcons As by the said Indenture of Lease in this Defend:ts hands ready to bee pduced (wherein is such provisoe conteyned to the//
//effect as is menconned in the Comp:lts said Bill) Where unto Reference beinge had more fully it my appeare whereupon this Defend:t entered & XXXXX possession of the premisses (In this Defend:t saith that afterwards videlt the 1:st of November 1648 this Defend:t did pay unto the said Clovile the said halfe yeares Rent due att Midsomer before in the//
//said Bill XXXXXXed accordinge to his Lease As by Acquittance under the said Cloviles owne hand ready to bee pduced to this honoble Court may appeare hee this Defend:t not knowinge to whom els hee should pay the summe never beinge by Aylmer or any other Demanded//
//of this Defend:t And that before the other halfe yeares Rent alsoe menconned in the said Bill of Comp:lt was due or payable XXXX about the beginninge of December 1648 one Thomas Browne of London ?Cezoror ex?tended the p:rmisses beinge then in his the Defend:ts possession by//
//vertue of an Elegit to the Sheriffe of Essex Directed bearinge ?Teste the 23:o of October 1648 upon Judgm:t for 400:li debt and 70:li Costs of Suite obteyned and entered by XXXX and Thomas Browne ag:t the said Edward Clovile in the Court of Common Pleas att Westminster with tearme of//
//S:t Michaell 1647 As by ?y:e ?records of the said Court whereunto for certainty therein hee this Defend:t doth referr himselfe It doXX and may more fully appeare And possession of the p:rmisses was hereupon by vertue of the said Elogitt Delivered to the said Thomas Browne Whereupn this Defend:t by Advice of his//
//Counsell did Attorne Tenant to the said M:r Browne and paid unto him the Rent due upon his said Lease att the said ffeasts of the Birth of our Lord God 1648 As this Defend:t was Advised was lawfull for him to doe And for w:ch cause this Defend:t hath refused to pay the Comp:lts Clovile & Ailmer//
//and either of them any Rent since hee Attorned Tenant to the said M:r Browne And this Defend:t saith that hee does beleeve And doubteth not but to pve that about the 6:th of Aprill 1647 the said Clovile contrary to his Covenant with said Lease and before this Defend:t had made in XXXXX XXXXXXX of ?the said Rent did//
//enter upon the p:rmisses and sealed A Lease of Eioctm:t to the Comp:lt Ailmer upon the same for 3 yeeres from the 30:th of March then before the said 6:th of Aprill And this Defend:t saith that in hillary tearme 1648 the said Ailmer sued forth an here farcias possessionem out of the upper Bench att Westminster//
//?Teste XXXX of ffebruary 1648 Rettornable the first Day of Eastertearme then next followinge upon a p:rtended Judgement obteined upon the said Lease Directed to the Sheriffe of Essex by vertue of w:ch writt the under sheriffe of the said County did the fourteenth Day of March 1648 put this Defend:t out of//
//possession of the p:rmisses soe Demised unto him & kept the Defend:t out of possession by vertue thereof But the Defend:t saith that the same Easter Tearme this Defend:t findinge falte said Clovile had sealed the Lease of Eioctm:t to the said Ailmer & brought one Robert ?Aldworty a S:t XXXX to bee Eiorto:r//
//upon the p:rmisses unknowne even unto this Day unto this Defend:t by a meere practize of the Comp:lts (Clovile Ailmer and Higden as this Defend:t berily beleeves the said Higdon beinge heir 2 ever since and yett is ?Solicito:r and Agent for XXXX And by this sinister practize w:ch the said Clovile and Ailmer and their Attorneyes Josias ffeild and Attorney of//
//the upper Bench w:th out any Declaraccon or baile filed or Judgement entered they the sd Compp:lts Clovile Ailmer Higdon Burton and his wife & Shelton or some of them obteyned the said Writt of here facias possessionem and gott the possession and kept it from the said 14:th of March 1648 untill the latter end of Easter tearme followinge//
//In w:ch said Tearme the Court of the Upper Bench was moved And the buisinesse by the Court was referred to M:r Hoddesdon the Secondary of the said Court to examine the proceedings in the said Cause whoe beinge severall times attended by the parties on both sides did find & certify unto the said Court the practizes in//
//the businesse for gayninge of the said possession to bee soe undue and Indirect that upon a Moconn to the said Court the Judges of the said Court grannted a Writt of Restituconn of the p:rmisses whereby this Defend:t was restored to his possession of the said p:rmisses Albeit the said Comp:lts Clovile Ailmer and Rigdon not beinge//
//satisfied herewith they or some of them ?prcured the said Court to bee severall times moved against in the said Easter and Trinity Tearmes followinge and obteyned a reference to the said M:r Hoddesdon whoe upon further examinaccon of the buisinesse found the the said proceedings to bee more undue and uniustifiable than//
//before And that the sd Clovile Ailmer and Higdon or some or one of them or some other for them or one of them after the moton XXX XXXXXX of reference to M:r Hoddesdon the said Secondary of the said Court And after the Rule of the said Court served upon severall Clerkes upon ?Enter Judgements for Attorney of the said Court offered//
//6:s 8:d to one ?Smith a Clerke XXXX before had beene served w:th the Rule of the Court for ?stapaig:x the EXXXXX Judgement and filinge Baile & Declaraccon but the said Smith refused to doe it And the said Clovile Higdon Aylmer or ffeild pcured one Willm ?Cordell a loose idle Clerke and one not admitted to practize nor come into//
//the Office of the said Court to doe any buisinesse whatsoever secretlyw:thout a Warrant to enter a Judgement hereupon And that it was Done upon an Attorneys Role whoe was not privy or gave his Consent hereunto All w:ch said uniustifiable & unwarrantable XXXXXX the said M:r Hoddesdon reported to the said Court//
//whereupon the Judges of the said Court finding the practizes to bee soe undue and illegall confirmed the said Writt of Restituccon and the possession of the p:rmisses unto this Defend:t as may appeare by severall Rules of the said Court And did alsoe Direct this Defend:t to secure the XXXXXX that entered or//
//?copyed the said Judgement to bee entered and to put in?Arturles ag:t ?fuit and examine ?hum upon Interrogatories And the said Judgement did then alsoe declare that they would not suffer the said XXXXXX to practize & ?willed the protonotary to put him out of the Role for soe Notoricing a pXXXX//
//And the Judges of the said Court did declare that they could have such Attorney of the Comp:lts or some of them and other parties that had a XXXX in the concerninge the ?saied Judgement to bee punished And ?hee this Defend:t by vertue of the sd Writt of Restituccon about the latter End of Easter tearme was//
//againe put unto possession of the p:rmisses w:ch hee hath kept ever since & hath paid or undertaken to pay his Rent for the XXXXX to XXX A Thomas Browne And this Defend:t saith that hee doth not know of any other Lease whatsoever of the p:rmisses or any parte thereof w.ch was att any time//
//made by the Comp:lt Edward Clovile unto the Comp:lt Aylmer for any Tearme or Consideration whatsoever And this Defend:t ?saith that in or about the month of September in the said yeere of our Lord God 1648 This Defend:t was arrested and kept in prison by the Comp:lts XXXX XXXX//
//?only Comp:lt Clovile And the said Clovile and Shelton refused and denyed that any Bayle should bee taken for this Defend:t beinge soo Accepted Notwithstandinge this Defend:t tendered very sufficient Baile for his XXXXXXXXXXent accordinge to the Statute XXXX CXXX pvided But the said Clovile XXXXXXX//
//XXX tould ?this Defend:t that XXXX XXXXX would seale and signe

//Chr: XXXXX//

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Commentary

Mr. Hoddesdon, the secondary of the Court of Upper Bench, was the subject of a dedication by the poet John Hoddesdon in a book of poetry published in 1650. John Hoddesdon, Sioii and Parnassus, or Epigrams oil severall Texts of the Old and New Testament. To which are added, a Poem on the Passion, a Hymn on the Resurrection, Ascention, and feast of Pentecost (London, 1650). John Hoddesdon's prose dedication identifies Mr. Hoddesdon as Christopher Hoddesdon:

To my worthy friend and honoured Uncle Christopher Hoddesdon Esquire Secundary of the Upper Bench

William Clovile, gent., brother of the defendant

Lord Chief Justice Rolle. See wikipedia entry on Henry Rolle (1589-1656)

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