MRP: c6/130/5
C6/130/5 f.1
125 23:th of October 1654
XXXXXXX
To the right honorable the Lords XXXXX for the greate Seale
of England
//XXXXXX XXXXXXXXX XXXXXXXXXXXX your honors your dayly Orator Tobell Aylmer of London Citizen and Draper That where Edward Cloville of West Haningfield in y:e County of Essex XXXX about the beginning of June in the yeare of our Lord one//
//thousand six hundred fourty seaven, having acquaintance with your Orator and pretending great occations to use a considerable summ of money, and having then some XXXXXX upon him, and being indebted as he then pretended to XXXXX ?with XXXXXXXX//
//summs of money which he did then pretend that he had a desire to dischargde, and affirming unto your Orator that he had a good estate of freehold in the Mannor of Westhaningfeild, and in severall lands and tenem:ts thereto belonging in the//
//County of Essex of the yearely value of six score poundes by the yeare, and upwards, He the said Edward did proposXXXXX to your Orator to furnish him y:e said Clovile, with three hundred poundes where by he XXXXth XXXX and disingagXX//
//himselfe from all other persons and he did offer to make your Orator a Lease of his said Mansion House in Wethaningfeild and other the landes and premisses, in consideration of the summe, and did faithfully promisse your Orator//
//that he would satisfy or otherwise discharge in such Judgements Statutes and other incumbrances whatsoever, which might make the said Lands and tenemen:ts, or any part of them in any wise liable to or charged with//
//any the debts of him the said Clovile to any person or persons whatsoever where upon your Orator at the earnest desire and request of the said Edward Clovile, and for his present advantage: and for the payment and//
//dischardge of his said debts and incombrances aforesaid did contract with the said Edward Clovile for a lease of the said capitall messuage and premisses for fifteene yeares, if the said Edward Clovile shouldsoe long live//
//and in pursuance thereof your Orator did pay unto the said Clovile the summ of three hundred poundes And the said Clovile by Indenture dated on or about the thirteenth day of July in the yeare of our Lord one thousand//
//six hundred fourty and seaven did ?devise grant bargaine and sell to your Orator all that his Capital messuage or Mansion house commonly called Clovile Hall, with the appurtenances in the parish of Westhaningfeild//
//aforesaid, and alsoe all those lands called the parke conteyning by estimaccon fourescore acres more or less being ?parrcell of the said Mannor, lyeing and being in the parish of West hanningfeild aforesaid, To have and to//
//hold, unto your Orator and his assignes from the ffeast of the Nativity of S:t John the Baptist then last past, Unto the end and Terme of fifteene yeares if the said Clovile should soe long live at the yearely rent of one//
//pepper corne, if demanded as by the said lease if your Orator had the same to produce in or at large ?in right and would appeare: By vertue of which said Lease, your Orator was legally possessed of the said//
//Messuage and premisses and having paid the said fine of three hundred pounds ought in all equity and good conscience to have enioyed the same, and to have taken and received the rentes yssues and profitts//
//thereof: But now ?soe it is may it please your L:pps that the said Edward Clovile after he had received the sd three hundred poundes from your Orator did not onely refuse to deliver your Orato possession//
//of the said Capital Messuage landes and tenements aforesaid but intending to ?deceive your said Orator of his moneys and of all interest and benefitt that he might have in the said Lands ?shall//
//by indirect meanes: not onely kept the possession of the said Capital Messuage from your Orator by the space of seaven yeares last past and hath taken all the profitts thereof to his owne use, but hath alsoe by//
//sinister meanes got into his handes and possession the said originall Indentures of Lease made unto your Orator of the premisses as aforesaid, where by your Orator was and is disabled to recover the//
//same at Law and in further ??presentation of his ?ewell Intentions to your Orator he the said Edward Clovile hath combined and confederated with ??Joane ??Riddrseall widd the relict and exe:x of ???John//
//??Riddrseall her late husband deceased and Edward ??Baffe Citizen and [copyist has left a blank in document] of London and with other persons to your Orator not knowne: whose names he prayes may be inserted into this bill with XXXX//
//words to charge them: when they shall be discovered: And they the said
//of his said messuages and Lands during the whole terme to him demised, and
//estates thereof among themselves or they have sett up severall pretended
//against the said Edward Clovile in the court of upper bench in the yeare XX
//the combinaccon aforesaid and at the solicitaton of the said ??Baffe hath caused
//tooke out a writt of Elegit against the said Edward Clovile and upon an XXX
//the XXXX to find him the said Edward Clovile to be seised of the said messuage
//the sd Sherriffe to extend the said Capitall Messuage all the landes and tenements
//deliver seisin and possession thereof to some person unknowne to your Orator
//anytime since seised of any other landes and tenements then XXXX
//the said Clovile himselfe and at the charges of him or the said Edward
//Clovile or the said Joseph Kidderseall, was without any consideraton and not
//money due ?thereon and the said XXXXX ought to be discharged and
//having conference with your Orator concerning your Orators being then XXXX XXXX of possession for about the space of five yeares your Orator XXXXX some excepton in XXX//
//would take some course at Law or otherwise to receive his possession of the premisses as in iustice and equity was lawfull to him to doe, he the said Clovile then threatened your Orator and bid//
//him take what he course he would for that he the said Clovile knew XXXX enough to keepe your Orator out of possession and that there were more Judgements against him the said Clovile before//
//the said Lease, which then lay dormant but should be XXXXX time enough to hinder your Orator or used words to that effect, and according to that expression, he the said Edward Clovile hath since//
//that time by the combinaccon aforesaid procured the said Judgm:t to be ???relieved, and the ??presencon aforesaid to be had there upon and the said Clovile doth at his owne charge defend and//
//maintaine the pretended title which he hath sett on foot (OR, feet) and doth still keep up, in the name of the said Joane Kidderseall and yet in the meane time he himselfe continues in the//
//possession of the said messuage lands and premisses and takes and receives to his owne use the profit of the same or some great part thereof and the residue thereof by the combinaccon//
//aforesaid is divided betweene ye said Joane Kiddersoall and the said Edward ?Basse or some of them. And he the said Clovile hath given out speeches that if your Orator should not XXX this judgm:t yet he//
//can charge the said messuage lands and tenements with severall other Judgm:ts for considerable sums of money: one at the suite of one [scribe has left a blank in the original] XXXXX, one other Judgm:t at the suite of XXXXXXX//
//an other at the suite of one [scribe has left a blank in the original] Crossing XXXXX against him the said Clovile before the lease made to your Orator as aforesaid which he thretenes to sett on ??foot And further sayes that he//
//cares not what your Orator can doe against him: XXX that he having taken his oath upon the late suite XXXXXX Art. for releife of prXXXXXXX y:t he the said Clovile is not worth five poundes your Orator//
//cannot deteyne him in prison for any debt due to him Soe that your Orator by these direct and indirect meanes and combinaccon is likely to be ??defrauded of his whole money to his very wrong and//
//oppression: and contrary to all equity and good conscience. In tender consideraccon whereof, and fo y:t your Orator is remedilesse at the Common Law to discover in whose hands and custody the said Lease//
//is, or to compell the said Edward Clovile Joane XXXidoall and Edward ?Xasse, and other the said confederates to discover what Judgm:ts or other ??incumbrances there is upon the said messuage Landes and//
//other the demised premisses and whether the same be reall or wholy feigned to defraud your Orator, nor can your Orator be ??reseined against the said Judgm:t or against the said combinaccon but by the ?iustice and equity of ?XXXX//
//hon:ble Court: To the end therefore the said Edward Clavile Jeane Kiddersoale and Edward Xasse and other the said confederates when they are XXXXXX may true and perfect Answeare make to all and every XXXXXXXXXXXXXX//
//that they may sett forth upon what consideraton the said XXXX was obteyned and how much money is really and bona fide due thereupon & by whose meanes & at whose charges the same hath bin of late XXXXXXXXXX and sett XXXXX//
//w:t other lands and tenements this said Edward Clovile was at the time of the obteyning of the XXXX iudgm:t or at any time since seized of; And to the end that they may sett forth w:t other Judgem:ts XXXXXXXXXXXXXXXXXXX//
//part thereof proceeding your Orators title, and to the end your Orator may be restored and settled in the ?peaceable and quiet possession of the premisses and may have satisfaccon unto him for XXXXXXXXXXXXXXXXXXXXX//
//the XXXXXXXXXXX of the said Lease and may by order of this honob:le Court enioy the same during y.e continuance thereof free from all incumberances & to the end your Orator XXXXXXXXXXX//
//premisses
//limited personally to be and appeare before your honors in the high Court of Chancery
//equity and good conscience and your Orators shall pray XXX//
//Geo: Lee//
Commentary
The parish of West Hanningfield lies in the hundred of Chelmsford South in Essex, six miles to the south west of Danbury. Lewis (1840) states that at the time of writing there were five manors within the parish, including the manors of Peverels and Chervilles.[1]
Wright (1836) states that the family of "Clovilles or Clonvilles" owned Cloville's Hall from the time of Henry II until 1664.[2]
The complaint refers to a "writ of elegit." This was a writ of execution in English law derived from the statute of Westminster II (1285). By this statute a creditor could chose (elegit in latin meaning "he has chosen") to have possession of disputed lands, following a successful judgement, and not just the profits of lands as satisfaction of his debt. Having recovered judgement a " writ of fieri facias" would then be issued to a sheriff on lands and goods, or failing that on all chattels of the debtor and the one half of his lands, until the judgementw as satisfied.[3]
Possible primary sources
PROB 11/45 Streat Will of Francis Clovile of West Hanningfield, Essex 19 June 1562
PROB 11/75 Drury 1-47 Will of Eustace Clovill of West Hanningfield, Essex 12 February 1590
PROB 11/193 Rivers 57-110 Will of Sir Henry Clovyle of West Hanningfield, Essex May 1645
Essex Record Office Archdeaconry records Commissary of Bishop of London D/ABW 66/327 Will of Carmarden Clovyle of West Hanningfield, gentleman 31 May 1672
- This will is available free online
- The will mentions Camarden Clovyle's father, Edward Clovyle Esq, and his mother, Ann Clovyle, both still living, a brother Rivett Clovyle; a sister, Lucy Broach; a brother, James Clovyle "that is in Ireland"; a brother, Henry Clovyle, who he makes his sole Executor
Essex Record Office: Estate and Family records: RECORDS OF A CHELMSFORD SOLICITOR: D/DGe 232:
- [Deed to lead the uses of a Fine (Covenant to levy a Fine). ]: (i) Edward Clovyle of West Hanningfield, esquire, and Rivett Clovyle (son and heir apparent); (ii) Daniel Slater of Brentwood, gentleman, and Gilbert Gerrard of West Hanningfield, gentleman; and (iii) William Burdett of Brentwood, gentleman.: A capital messuage and mansion house called West Hanningfield Hall alias Clovyles Hall, and all lands enclosed within the 'Warren and Parke Pales', sometime in occupation of Richard Owen gentleman, and late of Lady Anne Harris (widow of Sir Anthony Harris knight), with quitrents and appurtenances of the Manor [no details]; by the name of: A messuage, garden, 34 acres land, 5 acres meadow, 5 acres pasture, 4 acres wood and 20 acres furze and heath in West Hanningfield.
[Seals shelled off].
Essex Record Office: Estate and Family records: RECORDS OF A CHELMSFORD SOLICITOR: D/DGe 233:
- [Lease for 6 months [Release missing].]: 5 February 1667/8.: Rivett Clovyle gentleman (son and heir apparent of Edward Clovyle of West Hanningfield, esquire) and Henry Clovyle gentleman (2nd son of Edward Clovyle), to Richard Godbold gentleman (youngest son of John Godbold of Hatfield Peverel, esquire), and the said John Godbold: The Manor of West Hanningfield alias West Hanningfield Hall, with the capital messuage or manor house called West Hanningfield Hall alias Clovyles Hall, with appurtenant lands, viz: Barnefield (8 acres), Kitchin field (13 acres) Dovehouse field (1 acre), Rookewood Meadow (12 acres), Rookewood Springs (4 acres), Hilly field (12 acres), and Parke land (20 acres)
Essex Record Office: Estate and Family records: RECORDS OF A CHELMSFORD SOLICITOR: D/DGe 234:
- Mortgage in fee (Release [Lease missing]); for £450. Mortgage in fee (Release [Lease missing]); for £450: 3 March 1669/70: Rivett Clovyle of Felsted, gentleman (son and heir apparent of Edward Clovyle), and Richard Godbold of Hatfield Peverel (youngest son of John Godbold, deceased), to Thomas Whitebred of Much [Great] Baddow, esquire.
The Manor of West Hanningfield alias West Hanningfield Hall, with the capital messuage or manor house called West Hanningfield Hall alias Clovyles Hall, with appurtenant lands, viz: Barnefield (8 acres), Kitchin field (13 acres) Dovehouse field (1 acre), Rookewood Meadow (12 acres.), Rookewood Springs (4 acres), Hilly field (12 acres), and Parke land (20 acres); also all lands within grounds called the Warren and the Parke; and quitrents etc. amounting to £3 yearly; in West Hanningfield [no details].
[Seals shelled off]
- ↑ Samuel Lewis, A topographical dictionary of England, 4th edn. (London, 1840), p. 352
- ↑ Thomas Wright, The history and topography of the county of Essex, vol. 1 (London, 1836), pp.136-137
- ↑ Wkipedia entry on "Writ of Elegit", incoporating text from Hugh Chisholm (ed.), Encyclopædia Britannica, 11th edn. (Cambridge, 1911
