MRP: C6/36/77 f. 1
C6/36/77 f. 1
Editorial history
16/11/11, CSG: Created page
Abstract & context
This Chancery suit was brought by the London merchant Hugh Upton against Sir Martin Noell's two executors - his son, Thomas Noell, and the merchant George Robinson, who was Sir Martin Noell's former servant.[1]
Suggested links
See C6/36/77 f. 2
Transcription
//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//
//or to discover the said Testato:rs Estate to yo:r Orato:r or to make or give him any Satisfaccon for any of the moneyes soe by him XXXXXXXXXX as afd but intends (as they give out) to defeate him thereof by & upon the p:rtences aforesaid although they well know that the said Testato:r S:r Martin Noell//
//was very little indebted to any pson or psons att the tyme of his death wither upon Bond Bill Judgm:t Statute Recognizances Morgage or any Specialty but such moneyes as were oweing by the said S:r Martin Noell att the tyme of his death were upon??simple contracts & if there were any Bonds Bills Judgm:ts Statutes XXXX Mortgages & Specialtyes entred into by the said S:r Martin Noell the Testator in his XXX life tyme//
//though padventure the penalties thereof were greate many of them were not for paym:t of moneys but for performance of some collaterall matters which were pformed by the said Sir Martin Noell in his life tyme or if the same were not pformed by the said S:r Martin Noell in his life tyme yett the same ought to have bin pformed by the said Executo:rs since his deathe & was//
//
Notes
Possible primary sources
- ↑ Martin Noell was a deponent in a suit brought at the High Court of Admiralty in 1656. In his deposition, dated April 12th, 1656 (CHECK) Noell described Robinson as "this deponents servant but permitted by this deponent to trade for himselfe, and to make use of this deponents correspondance XXXX ParXXX of Rotterdam." (HCA 15/71, f. 214r.)
