MRP: C6/36/77 f. 2

C6/36/77 f. 2

Editorial history

16/11/11, CSG: Started transcription

---

---

Transcription

//XXXX Jurat XXXXXX 1668//
//Na: Hobart//
//XXXXX//

//The Joynt and sewall Answeres of Thomas Noell and George Robinson Two of the Executo:rs of S.r Martin Noell Knight deceased//
//to the Bill of Complaint of Hugh Upton Complaynant//

//All and all manner of Advantages and benefitt of Excepcons unto the Incertainties untrueths and other imperfecconns and insufficeincies of the said complaynants bill of Complaint to the said defendants now and att all tymes//

//hereafter saved and reserved The said defendants for themselves for Answeare unto all and every the matters and things materially concerninge them or either of them to Answere and say in manner as hereafter followeth And XXXX//

//the said defendts Joyntlie say That they beleeve that the said S:r Martin Noell in the Bill named was in his life tyme and att the tyme of his death lawfully seized in his Demeasne as of ffee or of some other ??estate of Inheritance of and in the Moytie or halfe//

//part of the Plantaconn called Hornehall in the Island of the Barbadoes And of and in the Moytie of the Cattle goods and stocke of what nature or Qualitie soever upon the same beinge And of and in the Moyetie and disposall of the Office of ?Secretaryshipp//

//to the Governor and Councell of the said Island of Barbadoes And of the Moytie and the disposall of the Clarkshipp of all the Courts of the said Island and of the Moytie of the ffees and profitts whatsoever X the said Two Offices belonginge or XXXXX//

//appteyninge And ?also was seized in ffee or some other estate of and in one other Plantacon Lands howses and stocks thereupon called Hilcotte lyinge and beinge in the said Island of Barbadoes mortgaged unto him the said S:r Martin Noell by ?Edward//

//?Bradborne of the said Islands merchant for a greate summe of money oweinge by the said Edward unto the said S:r Martin And also of and in the Revercon after the decease of S:r John Tufton knight of and in divers Lands in Warwickshire and Yorkshire XX//

//And also was owner of some shipps or parts of Shipps with others pticularly in the defend:ts Answeare hereafter sett forth And also that the said S:r Martin Noell had some part or share in the stocke with the Royall Company of Merchants tradeinge into Africa//

//And also was possessed and Interested for some terme of yeares of and in the manner of ?Villers and of diverse Lands thereunto belonginge lyinge & beinge in the Queenes Countie in the Kingdom of Ireland And as the said S:r Martin Noell had some Interest//

//with others in the ffarme of the Customes and Imported Excise of all Ireland And alsoe with others of and in the ffarme of Excise of Beare and Ale and Lycences for Alehowses in th said Kingdome of Ireland And also the said S:r Martyn had an Interest by way of ??deputXXX//

//to him and John ??Bence of London Merchant made of and in the ffarme of the Additionall Dutie granted unto them by the late ffarmers of his Ma:ties Customes of England And also hadd some Interest of and in the ffarme of Tymber deales glasse stone & stone//

//wares And of and in the Reverton of the Baronie of Cary in the Kingdome of Ireland And also the said Sir Martin Noell and Dame Elizabeth Noell his wife were by virtue of one Indenture of Lease beareinge date the ffive & Twentieth day of April in the yeare of the//

//Lord One Thousand six hundred sixty Two and in the ffowerteenth yeare of his nowe Ma:ties Raigne over England x:r made unto them by Robert ??Pery (Or, ??Pory) Clerke Doctor of Divinity Parson of the Parish of S:t Buttolph without Bishopsgate London) were lawfully//

//possessed and Interressed of and in All that Capitall Messuage or Tenement with appurtenances scituate and beinge within the said Parish of S:t Buttolphs with out Bishopsgate London To have & to hold the said Messuage & p:rmisses to them the said Sir Martin Noell//

//and the said Dame Elizabeth and the Longer liver of them theire Executo:rs Administrato:rs and Assignes from the ffeast of the Annunciaccon of the blessed Lady Mary the Virgin last past before the said Indenture of Lease for and duringe ?a Tearme of ??nine and Thirty yeares from thence//

//fully to be compleate and ended And also the said S:r Martin Noell was also lawfully possessed of a psonall Estate consistinge in goods and chattells of A good value And the said def:ts say That the said S:r Martin Noell beinge as they beleeve of & in all the before menconned p:rmisses//

//Lands Leases Offices stocke of goods lawfully seized and possessed The said S:r Martin Noell on or about the Three and Twentieth day of September w:ch was in the yeare of our Lord One Thousand six hundred sixty ffive and in the Seaventeenth yeare of his nowe Ma:ties Raigne made//

//his last will and Testam:t in writinge and in and by his said last will and Testam:t did will and devise his Moytie of the said Plantacon in the Barbados called Hornehall and also all his Moytie of the appurtenances thereunto And of the Moytie of the goods stocke and other//

//things thereupon or thereunto belonginge unto Nathaniell Noell Theodore Noell Grace Noell and Elizabeth Noell his younger children in such manner as in and by his said will is lymmitted and appoynted as by his said ?will filed in the Prerogative Court of the//

//Archbishop of Canterbury unto which the said defts doe for the more certaintie thereof referr themselves it doth and may appeare And also by his said last will hee did give and bequeath unto James Noell one of his younger sonnes his moytie of the said Office of Secretary//

//to the Govnor and Councell of the said Island of Barbadoes And his Moytie of the Clerkshipp of the Courts of the said Island in such manner as in his the said S:r Martins said last will is also menconned and declared to where will filed as aforesaid in//

//the prerogative Court the said defts doe referr themselves And the said defendts say That the said Sir Martyn Noell did further thereby will and declare his minde and will to bee That the said Plantacon called HXXXX and the Lands howses stocke and other//

//things thereupon And the Reverton of the Lands in Warwickshire and Yorkshire And his interest of and in all and singular the ffarmes before menconned should (as soone as conveniently might bee) bee sold and disposed of by his Executo:rs in his will//

//named for and towards the payment of his iust and due debts and for the performance of his said last will and Testament And further by his said last will and Testament did declare his his minde to bee That whereas hee the said S:r Martyn Noell and//

//Dame Elizabeth Noell engaged the said Lease of the said Capitall Messuage with thappurtenances scituate and beinge without Bishopsgate London to a widdowe woman for Three hundred pounds principall monyes That it was his expresse order//

//and desire That the said Three hundred pounds with the damages for forbearance thereof bee paid and the said Mortgage discharged with the ffirst conveniency after his decease and that the same now XXX part thereof should bee charged to his said wife//

//Dame Elizabeth And of his said last will and Testament hee did make ordaine and constitute Martin Noell his Eldest Sonne (then Esq:r, now knight) And the said defendants Thomas Noell and George Robinson his Executo:rs and shortly afterwards the XXX XXXX//

//on or about the Nyne & Twentieth day of the said Monethe of September One Thousand six hundred sixty and ffive the said S:r Martin Noell dyed And the said defendants say that they beinge called upon by diverse of the Credito:rs of the said S:r Martin Noell the Testato:r for the//

//payment of diverse greate summes of money then oweinge unto them by theire (sic) Testato:r And they not haveinge then Assetts of the Testato:rs estate in there hands sufficient to satisfy and pay the said Creditors there said debts The said defend:ts did give forth speeches that they//

//the said defend:ts accordinge to the direction and desire of theire said Testato:r in his said last will would sell and dispose of the said Plantaccon called Hilcott in the Barbadoes and the stocke thereupon And of theire Estate & Interest of and in all other the ffarmes//

//above menconned for and towards the payment of there Testato:rs debts and the pformance of his last will and Testament And the said defendants say That (as they beleeve) One John ?Armand of London merchant takeing notice thereof That the said John ?Armand//

//in the Monnthe of ffebruary in the yeare of our Lord One Thousand Six hundred Sixty Six reparied unto the def:t George Robinson and earnestly solicited and importuned him the said defend:t George Robinson That hee the said John Armand might bee the purchasser//

//thereof and after diverse meetings and treaties betwixt the said John Armand and the said defendant George Robinson to that purpose The said def:t George Robinson saith That on or about the Eighteenth day of the said Mounth of ffebruary One Thousand six//

//hundred sixty six the said John Armand and the said George Robinson as the said defendant conceaveth came to a full Agreement for a purchase thereof for the summe of Two Thousand pounds And the said John Armand did then pay ??downe//

//unto the said defendant the summe of ffive hundred pounds and afterwards Three hundred pounds more as in the Accompt hereafter is expresst beinge pte of the Two Thousand pounds agreed to bee the purchase money And the said def:t//

//George Robinson saith That hee the said defend:t did on or upon the said Eighteenth day of ffebruary One Thousand six hundred sixty six deliver into the hands of the said John Armand certaine Deeds and Evidences concerninge & relateinge//

//the said Plantaton for the said John Armand and his councell to Advise thereupon and to draw upp a conveyance or an Assignement of the said Plantaccon Lands and p:rmisses to the said plantacon belonginge But the said Armand hath not paid//

//the Remainder of the said Two Thousand pounds but hath occasioned the said defend:t to sue him for the same and there are suits now dependinge thereupon And as to the Revton of the Lands in Warwickshire & Yorkshire by the Testato:rs will//

//appoynted to bee sold Both the said defend:ts say That (as they beleeve) the same was mortgaged by there Testato:r in his life tyme to one John Colvile of London Goldsmith or to some other in trust for him for further securitie of payment of the summe of ffive//

//Thousand pounds or such like sume (for which the defend:ts stood bounden with theire Testato:r with Interest) of which the summe of Two Thousand pounds or thereabouts was satisfied or payd by theire Testato:r in his life tyme And for the//

//remayninge sume of the said ffive Thousand pounds beinge Three Thousand pounds with Interest for the same the said defend:ts say That they hadd Labored to gett the same satisfied by sale of the said Reverton but could not pcure a purchaso:r for the same att such a//

//valuable consideraccon as they thought fitt until of late (the said Reverton beinge as the said defend:ts conceive forfeited) One Morrice and Sanders bought it (as the said defend:ts conceive) of the mortgaged ?for the summe of Three Thousand pounds//

//And the defend:ts have Joyned in the conveyance thereof with S:r Martyn Noell the heire att Lawe accordinge as they were advised by theire councell att Lawe And the said Three Thousand pounds purchase money hath beene paid or allowed unto//

//the said John Colvile on Accompt of his said debt And the said defend:ts say That they the said defendants doe stand engaged for the Remainder of the said debt unto the said John Colvile And as to the Shipps and pts of Shipps as appoynted by the//

//Testato:rs will to bee sold The said George Robinson saith That what Shipps or parts of Shipps there said Testato:r was possessed of or Interested in and how the same have beene disposed and when and to whom and for what sume or sumes of money paid, the said defendants//

//saith it doth appeare in his the said defendants Answere followinge where hee setteth forth how the psonall estate of the Testato:r hath beene disposed of This only excepted That the said defendant George Robinson saith That hee hath heard that XXXXXX of the Shipps XXX//

//which theire Testato:r had a part (called the Love) was lost in the Redd Sea as the defend:ts have heard in the life tyme of theire Testato:r to the greate losse of the said S:r Martin Noell theire Testato:r and the other partners thereof And as to the Share or part of Stocke w:ch the//

//said Sir Martyn Noell there Testato:r hadd in the Royall Company tradeinge into Affrica The defend:t George Robinson saith That the said Royall Company did demand more money to be due unto them from the said Sir Martin Noell than the said Sir Martin Noells share or shares in//

//the stocke of the said Royall Company is worth And for that cause the said Company did & doe keepe the said shares of the said Sir Martin in there hands and have refused and doe refuse to satisfie or deliver the same or any part thereof unto the defendants Executo:rs of the said Sir Martin Noell//

//although this defend:t George Robinson in friendly manner hath required the said Companie soe to doe And as to the Lease of the Manner of Villers in the Kingdome of Ireland made by the hono:ble the Duke of Buckingham and appoynted by the Testato:r will XXXX be sold The said def:ts say//

//that they are and were enformed That the said Duke since the decease of the said Sir Martin Noell entred into and upon the said Manno:r and Lands soe leased to theire Testato:r for non payment of the Rent reserved to bee paid upon the said Lease w:ch was behinde in the life of theire Testato:r//

//And the said def:ts say That since therie Testato:rs death they have & rent nothinge to therie knowledge for or by reason of the said Lease And therefore cannot now make any sale or disposicon thereof for and toward the paym:t of therie Testato:rs debts as by his last will and Testament//

//is required And as to the Interest which the Testato:r hadd in the Additional Dutie and profitts accrued therby appoynted by theire Testato:rs said will to bee also sold The said defendants say That the Interest w:ch theire Testato:r hadd therein as by way of a deputacon only made from //

//XXXXXX more of his Ma:ties Customes unto theire said Testato:r and John Bence of London Merchant and to the Executo:rs of them which Interest of theire Testato:r did determine by his decease And as to any profitts thereof ariseinge to theire Testato:r or which were due unto him, and//

//what the same doe Amount unto The said defendants say That the same if any there bee are remayninge in Accompt betweene his Ma:ties then or late ffarmers of the Customes of England and the said defend:ts the Executo:rs of the said Sir Martin Noell not as yett pfected or Accepted (though this//

//defend:ts have endeavoured the same soe as the said defendant cannot dispose thereof or of any pte thereof or Towards the paym:t of theire Testato:rs iust debts And as to the ffarme of Tymber glasse stone and stone ware appoynted by there Testato:rs will also to bee sould//

//The said defend:t George Robinson saith as in his Accompt here?after is menconned And as unto the Interest which theire Testator hadd in the ffarme of Beere Ale and Licences for Alehowses in the Kingdome of Ireland (which to the best of the said defendants//

//knowledges was not XXXXXXXXmed by any deed or writeing but by a verball Agreement betweene the Partners therein (as the said defendants are enformed) appoynteds also to bee sould and dysposed of for and towards the payment of theire Testato:rs said iust debts The said//

//defend:ts say That (as they beleeve) about the sixth of ffebruary last past One Thousand six hundred sixty seaven The same was disposed of by them to one Alexander ??Bence (Or, Beare) for the summe of One Thousand pounds out of which said some of One Thousand//

//poundes The said Alexand:r ??Bence doth XXX and after (as they beleive paid unto one John Ay?zes the summe of six hundred and ffiftie pounds for the principall money Interest And charges of a suite upon a Bond wherein hee the said Alex Bence stood bounden with theire//

//Testato:r for the proper debt of theire Testato:r soe as the nete money receaved by the defend:ts for the same was the summe of Three hundred and ffiftie pounds for the principall money and noe more And as and to the said Lease of the said Capitall Messuage and Garden with Thappurtenances scituate//

//and beinge without Bishopsgate London The said defendants say That it appeareth in the Indenture of Lease thereof as theise defd:ts beleeve that the said Lease was made unto the said Sir Martin Noell and Dame Elizabeth Noell his wife and the Longer liver of them for the terme of//

//One and Thirty yeares And the said defend:ts say That the said Sir Martin Noell about the tyme in the def:ts Answere before menconed dyed and the said Dame Elizabeth his wife him survived by reason whereof the Estate Terme of yeares and Interest of and in the said Capitall//

//Messuage Garden and Appurtenances the XXXX belonginge lawfully came as theise defend:ts are advised) and was vested in the said Dame Elizabeth And thes said defendants further say That the said Dame Elizabeth [rest of line obscured by fold in original manuscript]//

//her said last will did give and bequeath all her estate reall and personall unto Nathaniell Theodorus Grace and Elizabeth Noell her younger Children and her said last will and Testament made and Constituted [rest of line obscured by fold in original manuscript]//

//said def:ts say that accordinge to the direccon and desire of the said Sir Martin Noell his Executo:rs did pay unto the woman to whence the said Lease of the said Capital Messuage garden and appurtenances [rest of line obscured by fold in original manuscript]//

//money and all Interest and Damage for the forbearance thereof And afterwards all the defendants her Executo:rs and the said woman the Mortgage did Joyne in an Assignm:t of the said Lease of the said Messuage and p:rmisses unto ffrancis Dashwood of London Merchant as was//

//lawfull for them to doe who as the said defendants beleeve is nowe in the possession thereof And as the defendts say and beleeve and as they are enformed by theire Councell Learned in the Lawes of England is not in any part of the said Sir Martin Noells estate either reall or//

//psonall and soe not lyable or chargeable to the payment of the said S:r Martin Noells debts And the said Defend:ts say That they doe beleeve That the Complaynant did in ??Trinite Terme which was the Eighteenth yeare of his [rest of line obscured by fold in original manuscript]//

//XXX the Court of Kings Bench the summe of Two Thousand Two Hundred and ffiftie pounds and Costs of Suite upon an Accon of Covenant there brought by the Complaynant against the defend:ts Executo:rs of the said S:r Martin Noell there Testato:r upon a Covenant broken by//

//the XXX Testato:r in his life tyme provt by the said Judgment it may appeare Butt the said defend:ts each of them for himselfe said That they as Executo:rs of the said Sir Martin Noell neither att the tyme of the said Judgment hadd or ever since have hadd Assetts in theire//

//hands or in the hands of other psons for theire use to satisfie and pay the Complaynant his moneys upon the said Judgment And therefore the said defendants say That whereas in any by the Complaynants Bill it is required that the defendants sett forth and//

//XXXXXXXXXXXXXXXXXX of what personall Estate theire said Testato:r dyed possessed of or interessed in and how much thereof hath come to the defend:ts hands or to the hands of either of them or for theire uses and when [rest of line obscured by fold in original manuscript]//

//

---

---

Notes

Edward Bradbourne

"On 7 January 1657. Povey wrote to his brother William that a Mr Edward Bradbourne was coming to Barbados as a servant and factor to Mr Noell. Severall months later Povey wrote to Bradbourne..."

"1661?: 94. Petition of Edward Bradbourne, the elder, to the King. Sets forth his services and losses in the royal cause from the first beginning of the late troubles to the value of 30,000l. ; that Thos. Noell who is in possession of the office of Secretary in Barbadoes is willing to surrender his grant which his Majesty upon a petition delivered by Lord Culpeper promised to the petitioner ; prays for a confirmation of the office to John Dawes, one of the gentlemen of the Privy Chamber, for his life, in trust to the use of the petitioner and his assigns, to be executed by Edw. Bradbourne the younger, who is on the place, or any other deputy whom Dawes may appoint. 1 p. [Col. Papers, Vol. XV., No. 57.]"

"The firm of Martin Noell & Company became exceedingly prosperous, and Noell himself one of the mainstays of the government. He became a member of the Trade Committee in 1655, of the committee for Jamaica in 1656, and was frequently called in by the Council of State to offer advice or to give information. He was on terms of intimacy with Cromwell, and because of the Protector's friendship for him and confidence in his judgment, his recommendations for office, both in England and the colonies had great weight. Povey speaks of the " extraordinary favor allowed him (Noell) by his Highness." He had a brother, Thomas Noell, who was prominent in Barbadoes and Surinam and in charge of his interests there. He was also represented in other islands by agents and factors, of whom Edward Bradbourne was the most conspicuous, while Major Richard Povey in Jamaica, and William Povey in Barbadoes, brothers of Thomas Povey, had for a time charge of his plantations in those islands. Noell indirectly played no small part in politics, particularly of Barbadoes, where Governor Searle held office largely through his influence. Besides his Jamaica holdings he had estates at Wexford in Ireland, and in April, 1658, wrote to Henry Cromwell that he had "transplanted much of his interest and affairs and relations " to that country, seeming to indicate thereby that his colonial ventures were not prospering satisfactorily. Noell was a politic man, shrewd and diplomatic, asserting his loyalty to the house of Cromwell, yet becoming a trusty subject of King Charles, from whom he afterward received knighthood."

The Love

"patam junk by Mr. Andrews's ship the Love in the Red Sea, and the ..."

The Love was used by the EEIC in the late 1650s to ship goods to Bantam

Customs Farm

"1662: Oct. 25. Warrant from Treasurer Southampton to the Receipt for the 8,000l. warranted to Sir William Ryder, Sir Richard Ford and Sir Martin Noell, to be by tallies to be struck upon the farmers of the Customs as part of their rent payable on their first year to end Michaelmas next. (Early Entry Book III. p. 528.)"

Complexity and value of Sir Martin Noell's estate

"Sunday 8 October 1665: ...And one thing more, Sir Martin Noell’s lady is dead with griefe for the death of her husband and nothing else, as they say, in the world; but it seems nobody can make anything of his estate, whether he be dead worth anything or no, he having dealt in so many things, publique and private, as nobody can understand whereabouts his estate is, which is the fate of these great dealers at everything."

---

Possible primary sources

"354 The Accompt of the Estate of Sir Martin Noell, late of London, Knight, and of the supposed Estate of Elizabeth Noell, his Wife, 1677"