MRP: C10/5/21 f. 1

C10/5/21 f. 1

Edward Clovyle and Anne his wife, Tobell Aylmer, John Higden, Edward Shelton, Edmund Burton and others v Thomas Barker: West Hanningfield, Essex

//XX ffeb 1649//

//TXXX 1650//

//To the Right hono:ble the Lords Commissioners for the//
//Great Seale of England//

//Humbly Shew unto yo:r Lord:pps yo:r Orato:r Edward Clovyle of Greenwich in the County of Kent Esquire & Anne his wife, Tobell Aylmer Cittizen and draper of London//
//John Higden of London gentleman, Edward Shelton of Brentwood in the County of Essex Bayliffe Edmund Burton of West hammingfeilde in the County of//
//Essex yeoman & Ellen his wife George Bentley of Westhammingfeild in the County of Essex gentleman George ?Weal of Stock in the said County of Essex yeoman//
//Richard Monnford of Stock in the said County of Essex shoomaker and [balnk left by scribe in original document] Grey of Stock in the County of Essex labourer That the//
//Comp:lt Edward Clovyle by his Indenture bearinge date the first day of September in the two and Twentieth yeare of the late King Charles did demise//
//and Grannt unto one Thomas Barker now or late of West hammingfeild aforesaid gentleman All that his Capitall Messuage or Mansion howse called//
//Clovyle hall with the Appurtenance in West hammingfeild aforesaid with diverse Lands and Tenem:ts thereunto belonginge and in the same Indenture mentioned//
//(except as in the said Indenture is excepted) To have and houlde To the said Thomas Barker his Executors and Assignes for the Tearm of seaven yeers//
//or thereabouts ffrom the ffeaste of Saint Michaell then next followinge by date of the same Indenture by and under the yearly Rents therein men=//
//tioned upon which demise or Lease there was reserved and was due and and owinge by the said Thomas Barker for Rent due and payable by the same Lease//
//the summe of fortye pounds for one half yeare ended at the ffeast of Sainte John the Baptist Anno d:mi: 1648: And fortye pounds more for one other//
//halfe years Rent due at the ffeast of the Birth of our Lord God then next followinge And there was a Condition and power in the same Lease or//
//demise reserved and expressed That yf it should happen the said Rent thereby reserved or any parte thereof to be behinde or unpaid by the space of//
//three daies next after any of the ffeaste daies at wch the same ought to be paied That then it should and might be lawfull to and for the said Edward//
//Clovyle his heires or Assignes into the said demised p:rmisses or into any parte thereof to Reenter and the same to have againe repossesse and enioye//
//as in his or theire former estate anythinge therein there in Conteyned to the Contrary notwithstanding; by virtue of w:ch Lease the said Thomas Barker//
//entered and did quietly possesse and enioye the p:rmisses and tooke the proffitts thereof. And on or about the sixth day of Aprill Anno dmmi 1647 yo:r said Orator//
//Edward Clovyle did demise grant Bargaine and sell the p:rmisses unto yo:r said Orator Tobell Aylmer for the Term of three yeares upon condition//
//of Redemption upon the payment of one hundred and fower pounds on the eighth daye of October then following and with intent there by to passe//
//and grant unto the said Tobell Aylmer the Rent reserved upon the said ?Rerited Lease made by the said Edward Clovyle unto the said Thomas//
//Barker as aforesaid w:ch said summe of one hundred and fower pounds was not paid at the daye appointed for the payment thereof by reason where=//
//of the Rent of the p:rmisses then afterwards did belonge unto yo:r said Orato:r Tobell Aylmer And the said Thomas Barker beinge soe in arrears for Rent//
//promised to paye the same And did agree to leave and yeild up the possession of the p:rmisses And did give a Warrant under his hand and Seale dated the//
//two and twentieth day of September Anno smmi 1648 declaringe that he was to Leave and yeild up the possession of the p:rmisses on or before the fower=//
//=teenth day of January then next followinge in in case he should not then yeild the possession hee did by the same Warrant Authorize and appointe that a Judgement//
//should be ?contessed in Hillarie Tearm then next followinge by two Attorneys of the upper bench there in nominated in an Acconn of ?Eiertione firme to be brought//
//at the suite of yo:r said Orato:r Tobell Aylmer Lessee of the said Edward Clovyle and there upon to execute or cause to be executed a Writt of habere//
//facias possessionem to gaine the possession of the p:rmisses As by the said Warrant may appeare And the said Thomas Barker still fayleinge to paye his Rente and//
//refusinge to yeild up the possession of the p:rmisses and intendinge to defraude yo:r said Orators Aylemer (sic) and Clovyle cunningly did Revoke the said Warrante//
//And defeated yo:r Orator Aylemer of his Judgem:t w:ch he should have had by virtue of the said Warrant And inforced him to bringe and ?Eiertione firme and to bringe//
//his acconn againste one ?Alidworth whoe was the ?Eiettor And although the said Thomas Barker had notice and warninge to defend the said suite yett he neglected//
//soe to doe and yo:r Orato:r Tobell Aylemer atteyned a Judgem:t thereupon Legally in the upper Bench and thereupon a Writt of habere facias possessionem was alsoe taken//
//forth and directed to the then Sheriffe of the said County of Essex and by virtue of a warrant under the hand and seale of the said Sherrife the same was surely executed and//
//possession of the p:rmisses delivered to yo:r said Orato:r Tobell Aylemer on or aboute the ffifteenth day of March Anno dmmi 1648 And thereupon yo.r said Orato:r Tobell Aylemer//
//did cause eleaven acres of the p:rmisses to be sowen with oates But afterwards by reason of some neglect in the Attorney whoe was imployed by yo:r Orato:r Tobell Aylemer//
//in not enteringe the said Judgem:t in due tyme and the said Barker haveinge notice and takeinge advantage thereof did about five or six weekes after procure a Writt//
//of restitution and regained the possession by the meer neglect of the plaintiffs Attorney and not by any default and doth now owe for Rent a hundred & fortie pounds and although//

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Commentary

Writt of habere facias: a writ of execution in the act of ejectment

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Possible primary sources

PROB 11/340 Eure 108-157 Will of Edward Shelton 16 November 1672

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