C 5/15/3 f.1

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To the right hon:ble the Lord Commissioner of the great Seale of England

Humbly complaineing showeth unto yo:r lordshipps yo:r dayly Orator Tobell Aylmer of the parish of S:t Martyns Ludgate London Esquire, That whereas heretofore

that is to say in or about the month of November in the yeare of our Lord God one thousand six hundred forty and nyne S:r ffrancis Williamson knight^[1] Edward Clovyll

of London Esquire Edmund Lascelles and Phineas Rogers or some or one of them haveinge occasion for money did by themselves or by some other person or psons

imployed by them repaire unto yo:r orator, knoweing yo:r orator besides his owne estate was trusted with the disposeinge of the moneys of one Dorothy Reeve widdow^[2]

and acquainted yo:r orator with theire present occasions which was then p:rtended to be for the assistance of the said Clovill in a suite which was pretended

he had in this hon:ble Co:rt uppon the receiving whereof the said S:r ffrancis was to have a ffarme called Saybridge farme or some other farme & certaine whereof

yo:r orator now remembreth not, but the same is well knowne unto all the said pties, And in regard thereof the said S:r ffrancis was to be bound for the money, And then

p:rtended the said S:r ffrancis to be a man of a very great estate and requested yo:r orator to furnish them with the some of one hundred and twenty pounds or some

other such lyke somme to be repayed with Interest, And yo:r orator not then haveing p:rsent money of his owne to assist them with and not knoweing the said S.r ffrancis

nor ever haveinge soo much as seene him, did ?require after the ability of the said S:r ffrancis, and hearringe he was a man of a good estate did thereuppon repaire

unto the said Dorothy Reeve, and ácquainted her therewith who then seemed well pleased to lett out soo much money att interest unto them, And one John

?Hagdone of London Scrivener was imployed in the business to drawe a bond from them the said Edward Clovyll and S:r ffrancis Williamson to the said Dorothy

Reeve, in which said bond the sd S:r ffrancis w:mson & Edward Clovyll did on or about the fifteenth day of November in the said yeare of our Lord God one

thousand six hundred forty and nyne become bound unto the sd Dorothy Reeve in some penalty for the payment of the somme of one hundred twenty and foure

pounds and sixteene shillings, upon the eighteenth day of May then next followinge, And yo:r orator hath heard ánd doth beleive that the said S:r ffrancis

had formerly from the said Edward Clovyll to save him harmless from the bond aforesaid in case he did not recover in his said suite and lett the sd S:r

ffrancis have the said farme or to some or other effect & purpose the certainty whereof yo:r orator cannot discover, But now soe it is may it please yo:r Lopps

That the said moneys not beinge paid att the tyme by the condicon of the said bond limitted, and the said Dorothy Reeve beinge inforced to sue for &

recover her said moneys soe lent as aforesd, then the said Edward Clovyll ánd S.r ffrancis Wmsson by commbynation with the said Phineas Rogers and Edmond

Lascells intendinge to defeate yo:r orator of the sd somme, & unjustly to devide & share it amongst themselves, have & doe p:rtend & give out in speech as in

That the sd S:r ffrancis became bound in the sd bond att the request of yo:r orator, and that yo:r orator did promise the s:d S:r ffrancis W:msson that if he would

become bound therein, to save and keepe harmeless him the said S:r ffrancis of and from the said bond, or some promise to the like effect, whereas in trusth

yo:r orator did never see or know the said S:r ffrancis, untill the tyme of the sealinge of the said bond, when yo:r orator was a witness only to the sealinge

and delivery of the said bond, And the said Lascells who is p:rtended to be the Cheefe Witnesse to prove the said p:rtended promisse is, or was

ingaged to save harmles the said S:r ffrancis Williamson from the sd bond & helpe him to the sd farme. & now haveinge agreed to devide the moneys

amongst themselves, intend by the combynacon aforesaid to lay the whole burden uppon yo:r orator, and to make him pay the said moneys

contrary to all right equity and good conscience. In tender consideration whereof and for that yo:r orator is altogether remediles elswhere

but before yo:r Lopps in the hon:ble Co:rt where it is only prop to releive against ?franck combynacons of this nature the which are alwayes contrived

in private & cannot be discovered but by the oath of the partyes themselves, & which yo.r orator cannot have but by the ayd and ássistance of the hon:ble

Co:rt To the end therefiore that they may be compelled thereunto, And that the said S:r ffrancis, and the other Condeferats may severally sett forth

whether yo:r orator had ever any acquaintance or communicaon with the said S:r ffrancis W:msson or the said Lascells before the sealinge &

delivery of the said bond & att what tyme or tymes & where the same was, in whose p:rsence & uppon what occation, and may uppon theire

oathes discover what moneys they or any of them, & which of them, have already received or are to receive of the said moneys in case yo:r orator

?is compelled to make repayment to the said S:r ffrancis, or uppon what other condition or agreement, and may alsoe discover theire pticular

pts or share where they, and every or any of them were or are to have of the said moneys which should happen to be recovered of yo:r orator

by the meanes and practice aforesaid, And that the said S:r ffrancis W:msson may uppon his oath sett forth what share he had of the said money and

what counter security from the sd Edward Clovyll or the sd Lascells or any other pson and whom, And whether he became bound uppon yo:r orators intreaty

or by what other meanes and uppon what other consideration. That thereuppon & uppon such other proofes & ?Acquaintances of yo:r orator shalbe enabled

to pduce yo:r orator may be releived in all and singular the p:rmisses accordinge to equity, May it therefore please yo:r Lopps the p:rmisses considered

to grannt unto yo:r orator one writt or more writts of Subpena to be directed unto them the sd S:r ffrancis W:msson Edward Clovyll Edmond Lascells

and Phineas Rogers & every of them, commandinge them & every of them psonally to be and appeare before yo.r Lordshipps in the high Cor:t of

Chancery att XXXX XXXX and there to answeare the prmisses, And further to stand to and abyde such order and direction therein As to yo:r Lopps

XXXXXXXX to ágree with equity & good conscience, And yo:r orator shall pray yo.r Lopps hea?th xr.

Jo: Vince

Sources

Primary sources

TNA

C 5/43/4 Aylmer v. Michenson: Essex 1663

C 6/130/5 Short title: Aylmer v Clovile. Plaintiffs: Tobell Aylmer. Defendants: Edward Clovile, Joan Riddesdall and Edward Basse. Subject: property in West Hanningfield, Essex. Document type: bill, answer. 1654
C 6/224/27A Short title: Clovill v Williamson. Plaintiffs: Mary Clovill and Elizabeth Clovill. Defendants: Edmund Williamson, Wignoll Bigg and John Rouse. Subject: property in Felsted, Essex. Document type: bill, answer. JFP 1677

C 10/5/21 Edward Clovyle and Anne his wife, Tobell Aylmer, John Higden, Edward Shelton, Edmund Burton and others v Thomas Barker: West Hanningfield, Essex 1649

C 10/93/11 Ball v. Blackwell, Aylmer, Starkey, Pary, Pratt, Cunditt: Middx 1662

Document Overview

The Chancery suit C 5/15/3 was brought by complainant Tobell Aylmer against Sir Francis Williamson, Edmund Lascell Esquire and Phineas Rogers.

C 2/15/3 f. 1 is the bill of complaint of Tobell Aylmer. C 5/15/3 f.2 is the answer of Sir Francis Williamson, Edmund Lascell and Phineas Rogers.

The bill and the answer are dated 1653, and relate to alleged events in 1649.

↑ Possibly PROB 11/244 Aylett 51-106 Will of Sir Francis Williamson of Isleworth, Middlesex 28 August 1655
↑ Just possibly PROB11/354 Hale 44-95 Will of Dorothy Reeve, Widow of Albourne, Wiltshire 02 June 1677

[1] Possibly PROB 11/244 Aylett 51-106 Will of Sir Francis Williamson of Isleworth, Middlesex 28 August 1655

[2] Just possibly PROB11/354 Hale 44-95 Will of Dorothy Reeve, Widow of Albourne, Wiltshire 02 June 1677

[1]

[2]

Status
Volume	C 5
Folio	1
Side	Recto

Pasted from http://beta.marinelives.org/wiki/MRP:_C5/15/3_f._1, 18/04/2015
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Note
IMAGE: ?
First transcriber
Colin Greenstreet
First transcribed
2011/10/28
Editorial history
Transcription requires some further work, 14/10/11, CSG

C 5/15/3 f.1

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