'''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
Pasted from http://beta.marinelives.org/wiki/MRP:_C5/15/3_f._1, 18/04/2015
See [[MRP: John Vincent will|John Vincent will]] (John Vincent was the lawyer who signed this bill of complaint) See biographical profile of [[MRP: Tobell Aylmer|Tobell Aylmer]] (the complainant) See [[MRP: C5/15/3 f. 2|C5/15/3 f. 2]] (answer to the bill of complaint, C5/15/3 f. 1)
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 knightUNIQd1f8c8247444ed92-ref-000006F5-QINU 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 widdowUNIQd1f8c8247444ed92-ref-000006F8-QINU 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
[[Parent volume::C 5]] [[Folio::0]] [[Side::Verso]]
[[Parent volume::C 5]] [[Folio::1]] [[Side::Verso]]