MRP: C5/15/3 f. 1
C5/15/3 f. 1
Abstract
The abstract needs to be written
The Chancery suit C5/15/3 was brought by complainant Tobell Aylmer against Sir Francis Williamson. C2/15/3 f. 1 is the bill of complaint of Tobell Aylmer. C2/15/3 f. 2 is the answer of Sir Francis Williamson. The bill and the answer are dated 1653, and relate to alleged events in 1649.
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[1] 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[2]//
//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: Vincent
Commentary
Possible primary sources
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
