Difference between revisions of "MRP: C10/473/135 f. 1"

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C10/473/135 f. 1

Editorial history

15/11/11, CSG: Document imaged and first cut transcription made

Abstract

Transcription

//1:o die ffebr 1663//
//?Blucks//

//To the Right Hon:ble Edward Earle of Clarendon Lord High Chancellor of England//

//Humbly complyning there unto yo:r Lopp yo:r dayly Orato:r S:r Martin Noell of London kn:t Robert ??Borshen of the Inner Temple London Esq: That Nathaniell Temms of London about foure yeares since dying intestate indebted to yo:r orato:r S:r Martin Noell in divers summes of money letters of ?admin//

//of his estate were granted to Martha his wife & about three yeares since the said Martha dyed Intestate & letters of ?Adraton of the said Nathaniell Temms estate not administred by the said Martha were granted to Elizabeth Atkins sister of the said Martha & about two yeares since the said//

//Elizabeth dyed Intestate & thereupon yo:r orato:r as being a Credito:r as aforesaid to the said Nathaniell Temms did psente in the Prerogative Cort of Canterbury to have letters of Administraton of his estate not Administred by the said Martha & Elizabeth granted to yo:r orato:r But yo:r orato:r ?heareth that one//

//Quarles Browne of London Merchant p:rtending that the said Nathaniell Temms had promised to pay him five hundred pounds for the marriage porcon of Elizabeth the wife of the said Quarles to w:ch said Elizabeth the said Nathaniell Temms was uncle did enter XXXXXX in the said//

//Prerogative Co:rt touching the Administraton of the estate of the said Nathaniell Temms & thereuppon yo:r orato:r being unwilling to have any obstruccon or delay in the obteining of letters of Adracon of the said estate did enter into a treaty w:th the said Quarles Browne touchinge//

//said Adraton & pretence of the said Quarles Browne upon w:ch treaty the said Quarles Browne did w:th more than ordinary ??assereratons ptest & affirme that the said Nathaniell Temms did make the said prmise to pay him the said five hundred pounds as a mariage porcon for his said//

//wife & that he had sewall wittnesses to pve the same although yo:r orato:r did XXX the improbability of it in regard the said Nathaniell was noe wayes indebted to the said Quarles Brownes wife nor any other waies liable to pay the same or any other summe to her nor any way XXXX//

//to pay any porccon w:th her more than in respect of his kindnes to hee beinge uncle & that it was not a usuall for uncles to prmise such large if any porccons w:ch ?Neece neither could the said Quarles Browne pduce any writing manifesting any such prmise although yo:r orato:r urged the same to him//

//yet notwithstanding the said Quarles Browne ??ptisting in his said assereraton that he had sewall credible wittnesses to prove the said prmisse & affirming that he wold w:th extreame violence disturbe yo:r orato:r in obteining the said Adraton & put him to excessive charge in getting//

//the same thereupon yo:r orato:r was ?desrous to come to an agreem:t touching the p:rmisses & accordingly Articles of Agreem:t bearing date the twentieth day of November in the thirteenth yeare of the reigne of o:r now Sovereigne Lord King Charles over England xr were made & sealed//

//betweene yo:r orato:r & the said Quarles Browne whereby it was agreed that yo:r orato:r shold take forth letters of Adraton of the said Nathaniell Temms estate & that yo:r orato:r shold for the satisfatton of the said five hundred pounds to the said Quarles Browne shortly after his//
///taking forth the said lres of Administraton assigne unto the said Quarles Browne a debt of three hundred seaventy five pounds & the pceeds thereof w:ch was then in the hands of Valentine Dobbins of Kingsaile in the Kingdome of Ireland gent:l w:ch he was accomptable for to the estate of//

//the said Nathaniell Temms & also a debt of seaventy nine pounds & seaven shillings w.ch was then in the hands of Michaell Dimkins of London gent w:ch he was accomptable for to the estate of the said Nathaniell Temms & that yo:r orato:r shold within two months next after the date of the said//

//Articles pay the said Quarles Browne five & forty pounds thirteene shillings & that in case that all the said summe in the hands of three hundred seaventy five pounds shold not be in the hands of the said Valentine Dobbins that then yo:r orato:r shold pay soe much to the said Quarles Browne//

//shold make up the money w:ch shold be remaining in the hands of the said Valentine Dobbins three hundred seaventy pounds & that yo:r orato:r shold suffer the said Quarles Browne to comence any suit ag:t the said Valentine Dobbins or Michael Dimkin for the wrong of the//

//said three hundred seaventy five pounds & seaven shillings & that yo:r orato:r shold not release or discharge such suit & it was agreed by the said Quarles Browne that he shold withdraw the said ??caveat & that he shold XXXX accon of the case upon a prmise to be brought//

//by him in case yo:r orato:r shold plead the genall issue of non assumpsit XXX the said prmise & debt of five hundred pounds & the

//of the penalty of one thousand pounds bearing date w:th the said Articles And yo:r orato:rs shew that yo:r orato:r S:r Martin Noell in pformance of the said Articles on his pt & in confidence of the said Quarles Brownes pformance of the same on his pt did having taken letters of Adraton of//

//the said Nathaniell Temms estate about two yeares since did assigne to the said Quarles Browne the said debt of three hundred seaventy five poundes XXXX by the said Valentine Dobbins as aforesaid & the said Quarles Browne hath since received the same or a great pt thereof//

//or taken some security or prmise from the said Valentine Dobbins for the paym:t thereof or the remaining pt thereof to him

//pounds in pte of the said debts gave his receipt

//Dimkin as aforesaid & the said

//the said five & forty

//from y:e Executor & the said debt

//?thereof unpaid to him he the said said Quarls Browne did seeme very well satisfyed

//??notice to yo:r orato:r of the said two charges in the said Articles on the said Quarles Brownes pt whereby he was to withdraw the said XXXXX

//pformance of all the said Articles had XXXX made by yo:r orato:r & that yo:e orato:r had obtained letters of Administracon of the said Nathaniell Temms estate

//XXXX suit to pve the same wold be chargeavle that yo:r oratp:r wold make him a release of the said two clauses he expressing himselfe willing & ready to deliver up that

//that pt of the said Articles sealed by the said Quarles Browne to yo:r orator whereupon yo:r orato:r not being able then readily to find that pt of the said Articles sealed by the said

//yo:r orato:r shold have demanded the same to gave delivered up that pt of the said Articles sealed by yo:r orato.r upon yo:r orato:r delivering up of that pt

//of any of the said Articles & knowing that yo:r orato:r in regard of the absence of their wittnesses in pte beyond Seas are unable att law to bee yo:r orato:r S:r Martin Noells said pformance of the said Articles on his pt & the said receipts of the said Quarles Browne & ?p:rmisses and//

//securitys made to him as aforesaid he the said Quarles Browne hath put the said bond for pfromance of the said Articles in suit at law ag:t yo:r orator:rs & doth presente the same w:th all violence intending to recover the penalty therof contrary to all right Equity & good Conscience//

//In tender consideracon of all w:ch p:rmisses & for that yo:r orato:rs wiittnesses whereon  ?pve yo:r orato:r S:r Martin Noells said pformance of the said Articles on his pt & the said paym:t

//the p:rmisses are in pts remote beyond Seas whereby yo:r orato:s are unable to oduce them at any tryall at law ti be had uoon the said bon soe ??punctually as by the strict rules of the Comon Law is required by w.ch meanes yo:r orato:rs are ?vexed XXX to make ??any ?dXXXX//

//at law ag:t the said bond & for that in case the said Quarles Brownes dampnificaconns by reason of yo:r orato:r S:r Martin Niells breach of any pt of the said Articles on his pt to be pformed be ?never soe small the said Quarles Browne by the strict rules of the law will ?upon//

//The penalty of the said bond ag:t yo:r orato:rs & for that yo:r orato:rs are proply releivable before yo:r Lopp in Equity in this hon:ble Co:rt ag:t the penalty of the said bond & that the said Quarles Browne may recover noe more upon the said bond than he is really dampnifyed by reason of yo:r//

//orato:r S:r Martin Noells not pformance of the said Articles on his pt & that the said Quarles Browne may set forth whether he or any pson or psons by his direccon or appointm:t or on his behalfe & whoe did not receive the said debt of three hundred seaventy five//

//pound or any & what pt therof from the said Valentine Dobbins or some by his directon or appointm:t & whoe & when he or they received the same & more pticulalry whether he or some pson or psons by his direccon or appointm:t & whoe did not receive ffifty pounds//

//pt of the said debt of three hundred seaventy five pounds from the said Valentine Dobbins or some by his direccon or appointm:t & whoe & when he or they received the same & whether he the said Quarles Browne did not make or subscribe a receipt or acquittance for//

//the said ffifty pounds & whether the said Quarles Browne did not accept the said Valentine Dobbins acknolwdgm:t of the said debt of three hundred seaventy five pounds & whether the said Valentine Dobbins did not p:rmise or make some security to him for the paym:t of//

//the same of any & what pt thereof of the residue of the said three hundred seaventy five pounds over & above the said ffifty pounds soe as afoesaid received or any & what pt thereof & when And whether he or any pson or psons by his appointm:t or on his behalfe//

//whoe did not receive the said debt of seaventy nine pounds seaven shillings or any & what pt thereof from the said Micheall Dimkin or any by his directon or appointm:t & whoe & alsoe the said five & forty pounds thirteene shillings or any & what pt therof from//

//yo:r orato:r or some by his directon or appointm:t & whoe & when he or they received the same & whether the said Quarles Browne did not make or subscribe severall or any acquittance or acquittances receipt or receipts for the severall sumes of seaventy nine pounds seaven//

//shillings & five & fforty pounds thirteene shillings or any & what pt thereof And to the end that all proceedings at law upon the said bond may be stayed & that yo:r orato:r may be releived against the said bond & in all other the p:rmisses according to Equity % good Conscience//

//May it please yo:r Lopp the p:rmisses considered to grant unto yo:r orato:r not onely his Maiestyes ,ost gratious writt of subpena issuing out of this Hon:ble Cort to to be firected to the said Quarles Browne therby Commanding him att a certiane daye & under a certaine paine//

//therein to be lymitted personally to be & appe before yo:r Lopp in this hon:ble Co:rt then & there upon his corporall oathto Answeare all & singular the p:rmisses But alsoe a writt of Injunccon issuing out of this hon:ble Co:rt to be directed to the said Quarles Browne//

//his Councellors Attorneys & Sollicitors thereby commanding & imagening them & every of them to XXXX & stay all proceedings at the Common Law against yo:r orato:rs upon the said bond And further to stand to & abide such other order & direcon in the p:rmisses//

//as to yo:r Loprdhip shall seeme meet And yo:r orato:rs will duely pray for yo:r Lordshipps health & happiness.///

//Nico: ?Archboldes [Signature, bottom RH corner]//

Commentary