Difference between revisions of "MRP: C6/36/77 f. 1"

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C6/36/77 f. 1

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//xi:o die Junij 1668//
//Longueville//

//To the right hono:ble S:r Orlando Bridgman Kn:t and Barr:t Lord Keeper of the Great Seale of England//

//Complayening sheweth to yo:r Lordshipp yo:r Orato:r Hugh Upton of London Merchant That yo:r Orato:r in an Accon of Covenant by him brought ag:t Thomas Noell Esq:r & George Robinson Merchants as Executo:rs of the last Will and//

//Testam:t of S:r Martin Noell Kn:t deceased in the Court of Kings Bench att Westm:r grounded upon a Covenant broken by the said S:r Martin Noell in his life Time w:ch yo:r Orato:r did in Trinity Terme in the Eighteenth yeare of the raigne of our XXXXX King//

//?Charles XXXXXXXXXXXXXXXXXXXXXXX by the XXXX XXXX the said Court Two Thousand Two hundred & ffifty pounds of lawfull Englishe moneyes besides Seventy Two poundes six shillings Eight pence for his costs of suit to bee Raised of the ?Court XXXXXXX//

//& Challs of the said XXX Challs if they had soe much thereof ??within handes to bee administred & if they had not soe much of the said S:r Martin Noells goods and Challs in their hands to bee administred Then the said Costs to bee XXXXX of them//

//oXXXX proper g?oods XXXXXX Challs as by the said Judgem:t remaineing on Record in the said Court of Kings Bench may now fully & att large appeare And yo:r Orato:r ??therewith that the said S:r Martin Noell was in his life Time & att the Time of//

//his decease XXXXXXXXXXXXXXXXXXXXX a very greate psonall estate consisting in goods Chattells utensills & implem:ts of household & XX plate Linnen Ringes Ready Money Jewells debts and sommes of money to him oweing and well secured by Statute Judgem:ts//

//?XX xx ??coven:t Mortgages bonds & other Securities taken either in his owne name or in the names of the said Thomas Noell and George Robinson & of S:r Martin Noell Kn:t sonne of the said XXXXXX XXXXX//

//behalfe made in his life Time w:th severall other psons upon which severall summes of money were oweing to the said S:r Martin Noell And the said S:r Martin Noell or some other person or psons in Trust for him were att XXX XXXXX//

//of ??his death possessed of a certaine Capitall Messuage with a garden and orchard or some ground to the same belonging scituate within Bishopsgate in the Citty of London of a very greate yearly value for some very long//

//Terme of yeares att a very small inconsiderable rent And hee the said S:r Martin Noell or some other pson or psonns in Trust for him was or were likewise att the Tyme of his death possessed of severall other Messuages//

//Lands Tenem:ts hereditam:ts in the Citty of London or elsewhere in the Kingdome of England for severall long Tearmes of yeares were of a very greate yearly value & which very small & inconsiderable//

//rents were paieable And the said S:r Martin Noell or some other pson or psons in trust for him had likewise att the tyme of his death sevall interests of & in the Customes of sevall Comodityes & Merchandizes w:thin this Kingdome and off and in the Excise//

//of Beare & Ale and other exciseable Liquors within the Kingdome of England w:ch were of very great value att very smale & inconsiderable rates for sewall of some Terme or Termes XXXXXX and the said S:r Martin Noell or some other pson or psons in trust for him & by his nominacon & appointm:t had att the tyme of his death sewall Termes//

//& Estates for yeares or other Estates of & in sewall Imploym:ts & gainefull & beneficiall offices And the said S:r Martin Noell did in his life tyme convey unto or settle or cause or pXXXX to bee conveyed unto or settled upon the said S:r Martin Noell his sonne Thomas Noell & George//

//Robinson or some or one of them or some other pson or psons to yo:r Orato:r unknowne sewall Manno:rs Messuages Lands Tenem:ts & hereditam:ts in this Kingdome & in the Kingdome of Ireland (which were of a very greate value) in trust for paym:t of his debts or hee the said S:r Martin Noell did make some//

//appointm:t order or declaracon that the same should bee sold & the moneyes thereof ariseing & the proffitts & pceed thereof in the meane tyme should be applyed for paym:t of his iust debts And the said S:r Martin Noell did by his last Will & Testam:t in writeing make & appoint the said Tho://

//Noell & George Robinson his Executo:rs os such his will & did by his said will or by some deede writeing or declaracon impower & enable them the said Thomas Noell & George Robinson & S:r Martin Noell his sonne or some or one of them to dispose of all or the greatest part//

//of some pt of his Estate for paym:t of his debts Or the said S:r Martin Noell the Testato:r did make some provision for paym:t of his debts and did make all or the greatest pt or some great pt of his Estate Reall & psonall lyable to & chargeable with the paym:t & sattisfaccon of his Just debts And did entrust//

//the said S:r Martin Noell his sonne Thomas Noell & George Robinson with the paym:t of all his debts And the said S:r Martin Noell did about three yeares since dye seized and possessed of or some wayes either in Law or Equity interested in & intituled to a very great reall & psonall Estate//

//all which by some provision appointm:t of disposition by him the said S:r Martin Noell in his life tyme made ought to bee subject to and Chargeable w:th the paym:t of his iust debts and to bee Assetts in equity for paym:t thereof And yo:r Orato:r sheweth unto yo:r Lordshipp That ?since the said S:r//

//Martin Noells death the said S:r Martin Noell his Sonne Thomas Noell & George Robinson have in pursuance of such trust & confidence as was in them soe reposed by the said Testato:r S:r Martin Noell possed themselves of all the Estate Reall & psonall of which the said S:r Martin Noell the Testato:r//

//or any other person or persons in trust for him were seized or possessed or or in or had any rights to & have sold & disposed of the same or some great part thereof and thereby have raised or might have raised moeyes sufficient to pay & sattisfy all the iust debt of the said S:r Martin//

//Noell by him oweing att the tyme of his death with a very great over plus or else they the said S:r Martin Noell Thomas Noell and George Robinson doe keepe & reteine the said Reall & psonall Estate of the said Testato:r S:r Martin Noell in their hands undisposed of & in right thereby ?raise moneyes//

//wherewith to sattisfy & discharge all his the said Testato:rs iust debts & moneyes by him oweing att the tyme of his death And yo.r Orato:r sheweth that the said Thomas Noell & George Robinson have long since proved the said will of the said S:r Martin Noell the Testato:r (as they p:rtend)//

//but have never Exhibited any Just & true Inventory of his psonall Estate but if they have made or exhibited any Inventory thereof the same is very incertaine inperfect & untrue full of undervaluatons of all the goods Chattells & Estate therein menconed & there [remainder of the line is obscured by fold in original manuscript]//

//the Estate of the said Testato:r is wholly omitted and the rest not vallued to halfe the worth thereof And they the said S.r Martin Noell the Sonne Thomas Noell & George Robinson doe now combine & confederate themselves together ag:t yo:r Orato:r to defraude him XXXX said moneyes soe by him//

//recovered as aforesaid and doe now give out & p:rtende that they have not assetts of the said Testato:rs Estate wherewith to pay unto yo:r Orato:r the said moneyes soe by him recovered as aforesaid But p:retend That the said Testato:r had little or noe Estate Either reall or psonall att the tyme of his//

//death and that hee died Indebted to sewall other psons in sewall greate somes of moneyes secured by Bonds Bills Judgm:ts Statutes Recognizances & Morgages and that they have paid out all the Estate of the said Testato:r towards sattisffaccon therof ?before yo:r Orato:rs Action brought XXX against//

//them the said Thomas Noell & George Robinson as aforesaid and that they have nothing wherewith to satisfy to yo:r Orato:r the moneyes soe by him ??reserved and refuse to call in the debts oweing to the said Testato:r or any other in trust for him or to sell his Estate for paym:t of his debts//

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