MRP: C10/5/21 f. 2

C10/5/21 f. 2

Editorial history

16/10/11, CSG: Created page & posted transcription posted to wiki

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Suggested links

See C10/5/21 f. 1

See biographical profile of Tobell Aylmer

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Abstract & context

C10/5/21 f. 2 is the answer to a Bill of Complaint (C10/5/21 f. 1) (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.

The suit concerns the property of Clovyle Hall in West Hanningfield.

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Transcription

//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 left 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 nowe 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 with the said 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 his Assignes 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 ??Russell in ?Westhanningbury in the County of Essex commonly called great ??Blint And by the said Indenture the said Compl:lt Edward Clovile did Demise and Grannt 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 Westhannnigfeild in the Bill mencconed then in in the Occupaccon of ffrancis Jeoffrey 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 & ??enioyed 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 mencconed 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 extended 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 ??himselfe 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 the Records of the said Court whereunto for certainty therein hee this Defend:t doth referr himselfe It doth 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 ?fayler in ?paiement of his 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 the 12:th of ffebruary 1648 Rettornable the first Day of Easter tearme 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 ?Aldworth a Stranger to bee Eiecto: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 an 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 whoe before had beene served w:th the Rule of the Court for ?stopinge the ?Eijtinge 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 secretly w: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 XXXchX ?as 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 ?psecute the Attorney that entered or//

//?copyed the said Judgement to bee entered and to put in Articles ag:t him and examine him upon Interrogatories And the said Judgement did then alsoe declare that they would not suffer the said Attorney to practize & ?willed the protonotary to put him out of the Role for soe Notoricing a pXXXy//

//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 and Shelton//

//hee tould this Defend:t that unless hee would seale and signe ?the Warrant to ?the effect in the Comp:lts Bill and XXXXX this Defend:t should not have his ??unpaid gXXout but should presently bee carried away to the ?Goale w:ch this Defend:t refused to doe XXXX upon the XXX XXXX XXXXXXXX//

//would have carried this Defend:t to the ?Goale But this Defend:t being unwillinge to goe to ?Goale XXX (being under Arrest and then in the said Sheltons Custody) sealed and signed the said Warrant w:ch was brought ready and ?prepared by the Comp:lt Clovill from London as this Defend:t beleeveth for that purpose//

//soe as the said Warrant beinge ?forced from this Defend:t beinge in durance as aforesaid this Defend:t without respect beinge Advised that it was good & legall but extorted from him did afterwards beinge att liberty Revoke the same as this Defend:t was informed by his Counsell was lawfull for//

//him soe to doe And this Defend:t ?soe Doing XXX did ??p:mise to pay unto the Comp:lt and Rent other than such Rent as before is expressed to bee paid or to deliver up unto them as any of them the possession of the p:rmisses or to acknowledge any Judgment conveyeinge the same otherwise than//

//as is expressed in the said Warrant the effect whereof this Defend:t not now Remember nor can sett forth But this Defend:t Refereth himselfe to the XXXX w:ch was DrawXXX & forced from this Defend:t by and XXXX ?Durance aforesaid And therefore the ?same ought not//

//as hee is informed to bee in ??p:riudice of this Defend:t And this Defend:t denyeth that hee did Revoke the said Warrant for any other Cause ?save onely that the said beinge unduely illegally & uniustly gained from this Defend:t in ?the ?Sume of his Imprisonment this Defend:t did conceive it was Lawfull//

//and Just for him upon this ??Inlargement to revoke the same And this Defend:t saith that hee never had any Notice of any Accon brought ag:t the sd Alsworthy the said Eierto:r whereby hee might Defend that suite untill after this Defend:t was put out of possession by or upon the said Writt//

//here facias possessionem And this Defend:t doth deny that the Judgment obteyned ag:t the said Alsworthy was legally XXXX now but the ?same was gained cunningly & secretly for the Reason aforesaid and XXXXly this Defend:t was wrongfully put out of possession of the p:rmisses XXX this Defend:t XX that hee doth beleeve that//

//the Comp:lt Ailmer did after possession gained as aforesaid plough and sowe some XXXX said Lands ?where XXX XXXXX thereof XXXXX this Defend:t saith that ?hee doth not knowe And hee or the Rest of the Comp:lts or ?some of them did upon their or some of their gayninge possession aforesaid//

//?take XXXXXXXX this Defend:t here by ??Mares ??Cowes & Sheep & other Cattle & Impoundeed them in severall places & Did take the said Sheep & XXX ?Mare & ten of his Cowes wherefore as the Goods of the Comp:lt Clovile by ?Colo:r or vertue of a Writt of Elegitt att the suite of one Perryn Widdowe//

//And XXXX Compl:ts or some of them did take away Divers of the Goods & Chattels of this Defend:t & did Detaine them from this Defend:t All w:ch Doings of the Comp:lts or ?Sume of them was to the great Damadge of this Defend:t whereupon this Defend:t was forced to bringe and hath brought ?divers Accons//

//ag:t the Comp:lts to the end hee might ?quitt his possession and Recover Damadges for the summe he susteyned by ?the meanes aforesaid And the said Comp:lt Clovile further to molest this Defend:t did bringe an Accon of Debt upon Bond of 160:li sealed by this Defend:t for performance of the//

//?Covenants in the said Originall Lease where XXXX the said Clovile was ?a XXXX suited for not proceedinge by reason as his Attorney said that the said Compl:lt Clovile or his Attorney could not make a good replicaccon in that suite And for a  ??Just XXX XXXXtacon unto this Defend:t the said Comp:lts//

//Ailmer and Clovile by XXXXX practizes betweene them as this Defend:t beleeveth have or one of them did seale and ?ther Lease of Eiectm:t to the p:t Weale whoe after Hillary Tearme last brought and Accon ag:t William Clovile Gent:m Brother to the said Comp:lt Clovile and pcured//

//the said William Clovile XX XXX a Warrant to ?conferre a Judgment upon the same Eiectm:t and soe hereupon to obtain possession againe w:thout and ?Notice to this Defend:t But this Defend:t by Accident hearinge thereof summoned the Comp:lt Higdon & one M:r BerXXlyan an Attorney in//

//that Cause before the Lord Cheif Justice Rolle to the end hearing he bee ?inforced to accept other ?pson wch hee would not doe unless this Defend:t whoe was Tenant to the p:rmisses would ?confesse the Lease & XXXXw:ch this Defend:t to Avow a greater ?Income XXX XX was for unto//

//?consent unto in regard ?the said Higdon & the said Attorney XXXXed otherwise to enter up Judgment and to obteine illegally and uniustly ?again ?the possession of the p:rmisses whereupon the said p:lts Clovile Ailmer Higdon & Weale or some of them or their said Attorney carried//

//downe the Record to Chelmsford for Assizes in Lent last wch occacconed this Defend:ts Attorney then and there to attend & Did Attend XXXX XXX beinge six Daies w:ch ?accrued the expence of 15:ll at Least And ?then at least the p:lt in that Cause or his Attorney being ?Advised by their//

//Counsell that their Title was not good did not put on for XX XXXXX of XXXXX But in easter Tearme last the said Weale suffered himselfe to XXX XXXXXX for not entereinge the ?Compl:t upon Record in the said Court of the Upper Bench ?w?th 30:s CoXX ??onely by him to be paid And this Defend:t by XXXX//

//beleeveth that the Comp:lt Aylmer never sealed and delivered any Lease upon the p:rmisses w:ch was the Reason of the ?practizes aforesaid And inXXXXX this Defend:t saith that the Last Trinity Tearme XXXX William XXXXXX by yo:r Comp:lt ???issued Clovile and Higdon & XXX as XXXX//

//Defend:t verily beleeveth ?brought his now Accon of Eieccon XXXX ag:t one Robert ?peatt a Stranger upon a Demise by one Nicholas ??Ward a Stranger XXXX to y:e Defend:t & pcured a Warrant XXXX from the said ??Pratt to ??confesse Judgment thereupon w:ch XX Attorney//

//of the said ??Ward thereXXXX to doe unlesse this Defend:t would confess the lease Entry and ?QuitXX w:ch the said Defend:t was forced to doe to p:rvent a Judgment And alsoe saith that the said Clovile Aylmer and Higdon or some of them pcured XXXX Attorney for the p:lt and Defend:t in XXXXXX Cause w:thout//

//the knowledge & Consent of this Defend:ts Attorney offered in same XXXXXXX the said XXX att from next Xamadge against him and carrie downe the XXXX for tryall but did not try the same & thsi Defend:t saith that Divers of the Accons wh:ch this Defend:t hath brought ag:t the Comp:lts some of them as he//

//named Although this Defend:t ??haveing offered to save harmlesse the said XXXXX from ?all damadge against him and carried downe the XXXX for tryall but did not try the same & this Defend:t saith that Divers of the Accons w:ch this Defend:t hath brought ag:t the Comp:lts or some of them as he//

//Comp:lts Bill menconned this Defend:t ??had ?ppared for Tryall at the sayd Assizes att Chelmsford But ??they or ?some of them to  ??pcure such tryalls did cause this defend:t and his Attorney to bee served w:th an Iniuncon out of this honoble Court for stay of the said tryales & XXXXing att CXXXX XXXXX//

//Whereas this Defend:t saith that hee never was served w:th any Subpoena to appeare nor never sean of a XX XXXX And ye said Comp:lt Xett XXX XXX Assizes upon the 12:th of August att Night Did serve this Defend:t w:th the said Iniuncion dated the 25:th of ffebruary 1650//

//and left coppyes w:th them of the same Date But next morninge the said Ininconn appeared to bee altered w:th another hand w.th Date and made the 25:th of ffebuary 1649 But this Defend:t ??durst not ??try the said Causes for feare of a Contempt to this Court Notwithstandinge//

//the said Mistake And this Defend:t saith that the Accons brought by this Defend:t att the Common Lawe ag:t tthe Comp:lts and every of them are not frivolous Accons as  ?with X Comp:lts Bill is alleadged Nor doe they Amount in Number to twenty or more thereabouts as ?w:ch//

//Comp:lts Bill is falsely Alleadged but the same are Just and Lawfull Accons as hee this Defend:t cXXXXXX XXXX brought for this Defend:ts Damadges w:ch hee hath susteyned beinge att XXXXX in his Corne Cattel and other Goods & ??gettinge himselfe of his family XXXXX//

//duringe the tyme hee was soe illegally as aforesaid put out of possession and losse of the profitts of the grounds and other Charges of the value of 300:li att lease as this Defend:t doth beleeve And if the said Suites brought by this Defend:t were upon Occacon of ?executing X//

//the said Writt of here fascias possessionem the Comp:lts (if the said Writte were duely CXXXXed and executed) may or XXXXX this Defend:t beleeves stand a tryall att Lawe of the same and not ?fly with this honoble Court for releife concerninge the XXXXX And this Defend:t//

//doth deny that hee hath beene offered satisfaccon for the Damadge hee hath susteyned by the Comp:lts ?many of them And this Defend:t doth Deny that hee did ??nott desire or cause to bee cut down any tymber trees or XXX trees But what the Comp:lt Clovile or his Bailiffe or one of them//

//did ?Assigne or Allow unto this Defend:t forXXXXXXary plowe Tymber Cart and ?pale Timber and ?ffirewood and other things necessary accordinge to this Defend:ts Lease w:ch this Defend:t had and none other And this Defend:t saith that hee doth not knowe of any//

//XXXXXXXX or ?omitted upon the p:rmisses other than what was done or Committed by the Comp:lt Clovile or his Agents by or upon XXXXXX this Defend:t XXXXX XX possession as aforesaid XXX And this Defend:t doth deny that hee hath the Counter parte of the said Lease or//

//knoweth where the same is But beleeveth that is in possession of the said Comp:lt Clovile for that hee did lately XXXXX hee had the same and the same is sett forth in Divers pleadings att Common Lawe w:ch ?concerne this Defend:t and the//

//Comp:lts or some of them ?of all w.ch matters and things this Defend:t hopeth this honoble Court will take due notice XXXXX and allowe unto this Defend:t good Costs and damadges in this Case soe uniustly veyed and troubled in respect of the uniust//

//proceedings in this Court as aforesaid Without that that here in any other matter or thing in the Comp:lts said Bill of Comp:lt ?materiall or effectuall in the Lawe for this Defend:t to answeare ?out and not here is sufficiently answeared unto confessed or Avoided//

//XXXXXXed as Do XXXX time to the knowledge of the Defend:t: All w,ch matters & things this Defend:t is and will bee willinge and ready to Avere maintaine and ?prove as this honoble Court shall Award and humbly prayeth hence to bee dismissed w:th//

//all reasonable Costs of suite in this behalfe ?iniust wrongfully susteyned//

//Chr: ??Turner//

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Notes

Edward Clovile (alias Clovyle)

Edward Clovile (alias Clovyle) was probably one of the elder sons of Sir Henry Clovile of West Hanningfield, Essex and Anne Ryvett (alias Rivett) of Ratlesden, Suffolk. Sir Henry Clovile died ca. 1645.

A pedigree of the Clovyle family of West Hanningfield, Essex, appears in the Visitation of Essex, 1664-1668. This pedigree shows an Edward Clovyle of West Hanningfield, married to Anne, daughter of Richard Caermarthin of Witham, Essex. Edward is shown as the son of Sir Henry Clovyle of West Hanningfield, and is shown to have a married second son, Henry Clovyle of Sisted, Essex. The Edward Clovyle shown is likely to be the same Edward Clovyle who is the plaintiff in C10/5/21, since the suit identifies Anne as his wife.

It is possible that Edward Clovile had an elder brother, since in C10/5/21 f.1, dated 1650, he is described as "Edward Clovyle of Greenwich in the County of Kent Esquire", rather than being of West Hanningfield, Essex, though this may simply reflect that he had leased out the mansion house in West Hanningfield. C10/5/21 f. 2 mentions a William Clovile, brother of Edward Clovile, but William is not identified in the pedigree.

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John Aylmer (cousinof Tobell Aylmer) m. Lucretia Clovyle

Tobell Aylmer's cousin, John Aylmer, son of his father's eldest brother Samuel Aylmer, married Lucretia, daughter of Sir Henry Clovyle of West Hanningfield, Essex, at an unknown date. This may be how Tobell Aylmer became involved commercially with Edward Clovile (alias Clovyle), since Edward was presumably a brother of Lucretia Clovyle. A John Aylmer is mentioned in Tobell Aylmer's inventory, dated 1664, but there were a number of John Aylmer's in the family.

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Christopher Hoddesdon, secondary of the Court of Upper Bench

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:

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

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Possible secondary sources

Howard, J.J. (ed.), Pedigree of Clovyle in A visitation of the county of Essex, 1664-1668 (London, 1888), p. 22

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

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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

PROB 11/242 Alchin 463-516 Will of Josias Field or Fielde, Gentleman of Clements Inn, Middlesex 21 January 1654