MRP: C9/228/51 f. 1
C9/228/51 f. 1
Abstract
Transcription
//To the Right hono:ble Bulstrode Lord Whitlocke Lord Keeper of the Greate Seale of England//
//XXXXXXXX manner complayning sheweth unto yo:r good L:pps yo:r daylie Orato:r & Oratrix John Cocke Citizen & draper London & Ann his wife[1] whereas one John Pixley late of the Cittie of London marchant y:or Oratrix brother in the yeare of our Lord One Thousand sixe hundred ffortie & eight being ?resident in the Towne of//
//?Smyrna or some other place w:thin the ?uisdiccon of the Empir?on of Turkey out of his naturall affecon w:ch he did beare unto y:or Oratrix & Winniford Pixley his Sisters & for their better lively hood & maintenance & p:ferm:t & for XXtent porconns for yo:r said Oratrix & her other sister XXXXX in the yeare of our//
//Lord one Thousand sixe hundred ffyftie (sic) eight or One Thousand sixe hundred ffifytie (sic) nyne being in some pts beyond the seas w:th in the Jurisdicconn of the Turkishe Empire as aforesaid did consine & send over unto England unto one Thomas Pearle of the Cittie of London marchant in the good shipp called the Smirna//
//Marchant whereof Captaine Nicholas Read was master or in some other shipp or shipps sewall goods & merchandizes of sewall sorts & XXXX to the value of ffyfteene hundred pounds at the least w:th said good & marchandizes the said John Pixley did appoint the said Thomas Pearle to reXXXXX his hands and//
//custody & to make sale of the same & to pay out of the money to be raised out of the said goods by sale thereof as aforesaid to one Samuel Pixley yo:r Oratrix brother for the use & behooffe of yo:r Oratrix & her other sister Winniford each of them ?five hundred pounds for their porcconns And yo:r//
//Orato:r & Oratrix further shewe unto yo:r good Lo:pps that the said John Pixley yo:r said Oratrix brother in the yeare of our Lord One Thousand sixe hundred ffyftie one being resident in Smirna w:th in the uisdicconn of the Emperor of Turkey on or about the seaventeeneth day of//
//September in the yeare of our Lord One Thousand sixe hundred ffyftie one aforesaid did make his last will & Testam:t in writing & thereby did give & bequeath unto sewall psons in the said bill menconned sewall Legacies (to witt) unto one Willyam Ball the then minister of Smirna the some of XXX//
//one hundred pounds Royall of 8/8 unto M:r Nathaniel ?durrant late minister of Smirna the some of one hundred dollars Royall of 8/8 unto the said Thomas Pearle two hundred dollars Royalls of 8/8 unto one Daniell Edwards marchant & resident in Smirna one hundred dollars royalls of 8/8 unto//
//Willyam ?Elvey & M:r John Penwarren marchants in Smirna the some of dollars two hundred Royalls of 8/8 for each of them to his brother Samuel Pixley two hundred dollars Royalls of 8/8 & two hundred dollars Royalls of 8/8 as a token of his affeconn to XXXXX his servant ffrancis//
//??Goughe the same somme w:ch he received from his Brother M:r Willyam Goughe when he came to serve him as p his accompts in his bookes appes and what should be found to remaine of his estate over and above the foremenconned Legacies he did give unto his brother Samuel and//
//Richard Pixlye and to his sister Winniford & yo:r Oratrix Ann to be devided amongst them in equall porconns & of that his last will & Testament in writeing did make & XXtaine the said Thomas Pearle executo:r & M:r Willyam Olvey (Or, Elvey) & M:r John Pennwarren his lawfull assignes w:th full & sufficient//
//power as any assignee might have excepting that the said John Pennwarren might enjoy solely to his owne use & disposall all Comissions or estates that might come recomended unto him the said John Pixley & to him the said John Pennwarren Joyntly and by that his last will & Testament did declare that the said//
//M:r Willyam Olvey might enjoy solely to his owne use & disposall all Comissions or estate that might yome recomended to himselfe & the said M.r Willyam Olvey Joyntly as in & by the last will & Testam:t in writeing relacon being thereunto had it may clearly appeare & shortly after the makeing of the//
//said will & Testam:t the said John Pixlye died possessed of a psonall estate to the value of twelve Thousand pounds at the least & the said Thomas Pearle shortly after pvdd the said will & tooke upon him the execuconn thereof & possessed himselfe of the psonall estate of the said John Pixlye//
//But now soe it is may it please yo:r good L:opps, that although he the said Thomas Pearle did receive the said goods at the port called the cutome house w:in the Cittye of London w:ch were soe consind & sent over by the said John Pixlye unto the said Thomas Pearle in the good//
//shipp called the Smirna Marchant or in some other shipp or shipps as aforesaid yet he the said Thomas Pearle althoughe he solde & disposed of the said goods & caused by sale thereof a farr greater some than the some of one Thousand pounds did refuse to make paym:t of One Thousand pounds to the//
//said Samuell Pixley in the life tyme of him the sayd Samuell for the use of yo:r Oratrix and her sister Winniford or since the death of the said Samuel unto yo:r said Orato:r & Oratrix the said somme of five hundred pounds soe appointed unto her by the said John Pixley her said brother as aforesaid & in ??ioynte//
//to be raised out of the said goods as aforesaid And althoughe there remaines of the estate of the said John Pixley in the hands of the said Thomas Pearle an estate in money & goods & marchandizes to the value of Tenn Thousand pounds at the least over & above the sewall Legacies in & by the//
//said will soe given & bequeathed as aforesaid yet the said Thomas Pearle by Combinaconn & confederacie w:th them the said Willyam Olvey & M:r John Penwarren doth not only refuse to make paym:t unto yo:r Orato.r & Oratrix their equall share ?& porccon of such estate of him ?the//
//said John Pixley as doth remaine over & above the XXXX & XXXX Legacies in XXXXXXXX of the last will & Testam:t of the said John Pixley & contrary to the trust reposed in him but he the said Thomas Pearle doth give out in speeches that ?there ?doth not remaine any estate of//
//said John Pixlye over & above the before menconned Legacies and the said Thomas Pearle doth likewise sometimes give out in speeches that he paid one thousand pounds to the said Samuel Pixley in his lifetime for the use of yo:r Oratrix & her said Syster Winniford according to the//
//direccon of the said John Pixlye & sometimes he the said Thomas Pearle doth give out in speeches that he never received any goods from the said John Pixlye out of the good shipp called the Smirna Merchant or any other shipp for the raising of One Thousand//
//pounds for yo:r Oratrix & her said Sister Winniford as aforesaid And hee the said Thomas Pearle doth further give out in speeches that in case he had received any such goods out of the said good shipp called the Smirna Merchant or any other shipp soe consind unto him by the said John//
//Pixyle for the raysinge of One Thousand pounds for yo:r said Oratrix & her syster Wiiniford as aforesaid yet the said Thomas Pearle would not pay unto yo:r Orato:r & Oratrix one penny And in case there did remaine any estate of him the said John Pixlye over & above the said Legacies//
//in the said last will & Testam:t of him the said John Pixyle menconned yet yo:r said Orato:r & Oratrix should never receive one penny thereof nor reape one penny benifitt thereof all w:ch doings & proceedings of him the said Thomas Pearle are contrary to all right equitie & good//
//conscience In tender consideracon whereof & for asmuch as yo:r Orato:r & Oratrix by the strict rules of the Common Law cannot be releived but are left altogether remedilesse but in this hono:ble Court before yo:r Lo:pps for that yo:r Orato:r & Oratrix witnesseses w:ch could//
//pve the account of the said goods out of the said shipp called the Smirna Merchant or some other shipp are either dead or in remote places beyond the seas & for that he the said Thomas Pearle haveing privathly possessed himselfe of the estate of the said John Pixlyle//
//w:th out inventoring the same or a ??greatey to thereof & for that yo:r said Orato:r & Oratrix wittnesses w:ch couls pve what estate of him the said John Pixlye remaind over & above the said Legacies in the said will & Testam:t of the said John Pixyle menconned XXXXX//
//dead or beyond the seas w:thin the said Turkishe Empire May it please yo:r good Lo:pps therefore
//
Commentary
See John Pixly will
See Samuel Pixley will
- ↑ Samuel Pixley, in his will, refers to "my Loveing sister M:rs Anne Cox". See PROB 11/286 Will of Samuell Pixley, Merchant of London 01 February 1659
