MRP: C10/5/21 f. 1
C10/5/21 f. 1
Editorial history
16/10/11: Created page & posted transcription to wiki
Contents
Suggested links
See C10/5/21 f. 2
See biographical profile of Tobell Aylmer
To do
Abstract & context
This is a Bill of Complaint brought in 1649 or 1650 (CHECK DIGITAL IMAGE) IN Chancery by Edward Clovyle, his wife Anne, Tobell Aylmer, John Higden, Edward Shelton, Edmund Burton and others against Thomas Barker regarding the property of Clovyle Hall in West Hanningfield.
It was answered by Thomas Barker in C10/5/21 f. 2
Transcription
Edward Clovyle and Anne his wife, Tobell Aylmer, John Higden, Edward Shelton, Edmund Burton and others v Thomas Barker: West Hanningfield, Essex
//XX ffeb 1649//
//TXXX 1650//
//To the Right hono:ble the Lords Commissioners for the//
//Great Seale of England//
//Humbly Shew unto yo:r Lord:pps yo:r Orato:r Edward Clovyle of Greenwich in the County of Kent Esquire & Anne his wife, Tobell Aylmer Cittizen and draper of London//
//John Higden of London gentleman, Edward Shelton of Brentwood in the County of Essex Bayliffe Edmund Burton of West Hanningfeilde in the County of//
//Essex yeoman & Ellen his wife George Bentley of Westhammingfeild in the County of Essex gentleman George ?Weal of Stock[1] in the said County of Essex yeoman//
//Richard Monnford of Stock in the said County of Essex shoomaker and [blank left by scribe in original document] Grey of Stock in the County of Essex labourer That the//
//Comp:lt Edward Clovyle by his Indenture bearinge date the first day of September in the two and Twentieth yeare of the late King Charles did demise//
//and Grannt unto one Thomas Barker now or late of West Hammingfeild aforesaid gentleman All that his Capitall Messuage or Mansion howse called//
//Clovyle hall with the Appurtenance in West Hammingfeild aforesaid with diverse Lands and Tenem:ts thereunto belonginge and in the same Indenture mentioned//
//(except as in the said Indenture is excepted) To have and houlde To the said Thomas Barker his Executors and Assignes for the Tearm of seaven yeers//
//or thereabouts ffrom the ffeaste of Saint Michaell then next followinge by date of the same Indenture by and under the yearly Rents therein men=//
//tioned upon which demise or Lease there was reserved and was due and and owinge by the said Thomas Barker for Rent due and payable by the same Lease//
//the summe of fortye pounds for one half yeare ended at the ffeast of Sainte John the Baptist Anno d:mi: 1648: And fortye pounds more for one other//
//halfe years Rent due at the ffeast of the Birth of our Lord God then next followinge And there was a Condition and power in the same Lease or//
//demise reserved and expressed That yf it should happen the said Rent thereby reserved or any parte thereof to be behinde or unpaid by the space of//
//three daies next after any of the ffeaste daies at wch the same ought to be paied That then it should and might be lawfull to and for the said Edward//
//Clovyle his heires or Assignes into the said demised p:rmisses or into any parte thereof to Reenter and the same to have againe repossesse and enioye//
//as in his or theire former estate anythinge therein there in Conteyned to the Contrary notwithstanding; by virtue of w:ch Lease the said Thomas Barker//
//entered and did quietly possesse and enioye the p:rmisses and tooke the proffitts thereof. And on or about the sixth day of Aprill Anno dmmi 1647 yo:r said Orator//
//Edward Clovyle did demise grant Bargaine and sell the p:rmisses unto yo:r said Orator Tobell Aylmer for the Term of three yeares upon condition//
//of Redemption upon the payment of one hundred and fower pounds on the eighth daye of October then following and with intent there by to passe//
//and grant unto the said Tobell Aylmer the Rent reserved upon the said ?Rerited Lease made by the said Edward Clovyle unto the said Thomas//
//Barker as aforesaid w:ch said summe of one hundred and fower pounds was not paid at the daye appointed for the payment thereof by reason where=//
//of the Rent of the p:rmisses then afterwards did belonge unto yo:r said Orato:r Tobell Aylmer And the said Thomas Barker beinge soe in arrears for Rent//
//promised to paye the same And did agree to leave and yeild up the possession of the p:rmisses And did give a Warrant under his hand and Seale dated the//
//two and twentieth day of September Anno dmmi 1648 declaringe that he was to Leave and yeild up the possession of the p:rmisses on or before the fower=//
//=teenth day of January then next followinge in in case he should not then yeild the possession hee did by the same Warrant Authorize and appointe that a Judgement//
//should be ?contessed in Hillarie Tearm then next followinge by two Attorneys of the upper bench there in nominated in an Acconn of ?Eiertione firme to be brought//
//at the suite of yo:r said Orato:r Tobell Aylmer Lessee of the said Edward Clovyle and there upon to execute or cause to be executed a Writt of habere//
//facias possessionem to gaine the possession of the p:rmisses As by the said Warrant may appeare And the said Thomas Barker still fayleinge to paye his Rente and//
//refusinge to yeild up the possession of the p:rmisses and intendinge to defraude yo:r said Orators Aylemer (sic) and Clovyle cunningly did Revoke the said Warrante//
//And defeated yo:r Orator Aylemer of his Judgem:t w:ch he should have had by virtue of the said Warrant And inforced him to bringe and ?Eiertione firme and to bringe//
//his acconn againste one ?Alidworth whoe was the ?Eiettor And although the said Thomas Barker had notice and warninge to defend the said suite yett he neglected//
//soe to doe and yo:r Orato:r Tobell Aylemer atteyned a Judgem:t thereupon Legally in the upper Bench and thereupon a Writt of habere facias possessionem was alsoe taken//
//forth and directed to the then Sheriffe of the said County of Essex and by virtue of a warrant under the hand and seale of the said Sherrife the same was surely executed and//
//possession of the p:rmisses delivered to yo:r said Orato:r Tobell Aylemer on or aboute the ffifteenth day of March Anno dmmi 1648 And thereupon yo.r said Orato:r Tobell Aylemer//
//did cause eleaven acres of the p:rmisses to be sowen with oates But afterwards by reason of some neglect in the Attorney whoe was imployed by yo:r Orato:r Tobell Aylemer//
//in not enteringe the said Judgem:t in due tyme and the said Barker haveinge notice and takeinge advantage thereof did about five or six weekes after procure a Writt//
//of restitution and regained the possession by the meer neglect of the plaintiffs Attorney and not by any default of yo:r said Orators Aylemer or Clovyle And the said Barker//
//haveinge thus gotten the possession still denyeth and refuseth to paye the Rent arreare and due for the same And doth now owe for Rent a hundred & fortie pounds and although//
//the rent hath bin demanded from tyme to tyme as the same did grow due And yo:r Orators Clovyle and Aylmer have power to enter and put out the defend:t by his own Lease//
//and by the Law as they conceive yett the said Barker still refuseth to paye the Rent and deteyneth the possession And hath informed yo:r Orato:rs Clovyle and Aylemer to Reenter//
//againe and seale a Lease upon the p:rmisses unto your Orator George Weale to eject the defend:t by course of Law who will neither paye his Rent nor leave his possession but by wilfull//
//suits and troubles hath put yo:r Orato:rs Edward Clovyle and Tobell Aylemer to the expence of above one hundred pounds in suits & travaile And hath and doth psecute against them and//
//against all yo:r said other Orato:rs and their wives multiplicitie of Acconns and severall frivolous vexations and causelesse suits of ?clausem ?fregits & the like for enteringe and comeinge uppon y:e p:rmisses and for Keapinge//
//and takeinge awaie the oates w:ch yo:r sd Orator XX XXXXXX had sowen upon eleaven Acres of or ground or twelve at the most Although he hath bin offered satisfaccon ?ijv pounds for y.e plougheinge of y:e same of his rent All which//
//suits comenced & psecuted against yo:r said Orators Edward Clovyle & his wife Tobell Aylemer John Higden Edmund Burton & his wife George Bently George Weale and Richard Maunford ??Gray and others beinge about xx [i.e. twenty] severall suits//
//are all for executinge y:e sd Writt of habere fascias possessionem upon y:e sd Judgem:t w:ch was duely obteyned though not tymely entered and for soweinge & reapinge y:e sd Oates in all w:th the//
//rest of yo:r sd Orato:rs were but assistants Agents or bayliffs or servn:ts to y:e Sherrife & to yo:r Orato:rs Edward Clovyle and Tobell Aylemer who have offered reasonable satisffaccon out of y:e Rent for any dammage (if//
//any have bin really done) to y:e sd Barker and y:e whole dammage really done unto him doth not amount to y:e summ of five pounds wherefore & to y.e and y:e sd multiplicitye of causes Acconns may be//
//stayed by Iniunction out of this Court And y:t all yo:r sd Orato:rs may be releived in y:e p:rmisses & recompensed what they they have uniustlie suffered And that y:e sd Barker whoe doth most ?misciously//
//& spightfully cutt downe Tymber XXXX upon the grounds & take away Gates ?fales and ffences belonginge to y.e p:rmisses and committ other great Waste and Spoyles, may be stayed alsoe from soe doeing by Iniunction of//
//this Co:rt and that hee may make a full answer to all & singular y:e p:rmisses And that yo:r Orato:rs may be releived accordinge to equitie & good conscience and the rather for that yo:r sd Orato:rs Edward Clovile//
//have more lost y:e counter pte of his sd Lease made to y:e sd Barker cannot be releived by y:e common Lawe and hopeth y:e sd Barker hath the same or will discover in his Answeare where y:e same is, Maye it there//
//=fore please yo:r Lord:ps to grant unto yo:r said Orato:rs a writt of subpoena to be directed to the said Thomas Barker thereby comandinge him at a certaine daye & under a certaine//
//payne therein to be limited psonally to be & appeare before yo:r Lo:pps in y:e high Court of Chancery then & there to answeare the p:rmisses & aske to stand to//
//abide such further order as to yo:r Lo:pps shall meete And yo:r Orato:rs shall pray xr//
//?JutX Ric: Archbolde//
Notes
Writ of habere facias
Writt of habere facias: a writ of execution in the act of ejectment
clausem frigit: an illegal act committed against another's person or property, especially entering another's land with out the owner's permission
West Hanningfield
"George Bentley, £10 p.a. for a house called Fullers and land in West Hanningfield (R.F.). He also owned property at Shudy camps, Cambridgeshire worth £69.12.4 p.a. (Pt. 1, p. 792)"[2]
Possible primary sources
TNA
PROB 11/340 Eure 108-157 Will of Edward Shelton 16 November 1672
Essex Record Office
- Indictment of Francis Dukes of Brentwood labourer and Jane his wife there made "nyneteen peeces of false money of silver copper and other mixt mettalls" in the likeness and similitude "of Queene Elizabeth shillings and 8 King James shillings of good and lawfull and current money" Plead not guilty; both "not guilty nor fly". Witnesses: Edward Shelton, Thomas Powdrell. (ASS 35/93/1/33)
