Court of Chancery - Hunt v Hunt 1679 (C 6/238/41)

Date: 1672 to 1679
Location: Bristol, England
Surnames/tags: Hunt Plomley Simons

Contents 1 Hunt v Hunt 1679 2 Bill of Complaint 2.1 Summary of Complaint 2.2 Formatted and Annotated Transcript 2.3 Original Transcript 3 Research Notes 4 Sources

Hunt v Hunt 1679

Key	National Archive Catalogue Entry
Date	1679
Short Title	Hunt v Hunt.
Subject	Property in Bristol, Gloucestershire.
Plaintiffs	Michaell Hunte.
Defendants	Joseph Hunte , Richard Simons, Richard Simons , William Plomley , Francis Plomley (1653-), John Plomley and others.
Document type	bill, answer
Reference	C 6/238/41[1]

Bill of Complaint

If true, this bill of complaint gives some insight into how a relatively wealthy widow, subsequently remarried managed her personal financial estate.

The following consists of three sections:

• A brief summary of the contents of the bill of complaint
• An annotated transcript, formatted and punctuated for readability
• A transcription where the original formatting and line numbering has been retained.

Part of an interlinked series of cases amongst the extended Hunt Families of Somerset and Bristol.

Litigation - Legacy of Mary Plomley and son Michael Hunt

Summary of Complaint

The complaint was written on the 2nd December 1679 and addressed to the right honorable Henage Lord Finch Baron of Daventry Lord high Chancellor of England.

Mary Plomley , mother of Michaell Hunte (the complainant), died in 1678 without leaving a will and in December of the same year, her son Michael was made administrator of her estate after her second husband William Plomley refused. Mary Plomley had inherited a considerable estate after the death of her first husband Michaell Hunte (Michael's father) in 1652 and prior to her second marriage in 1665, she had reached agreement with her husband to be that he would not "intermeddle" with her personal estate. Sometime later in 1672 (agreed by all parties) she drew up a legal instrument (akin to a will) that declared how she wished her estate to be divided after her death. While the details were complex, it essentially left £400 to each of her children (Michael, Joseph and Sarah) to be divided £50 apiece to each of the eldest eight grandchildren in each family.

Michael Hunte claimed that his mother's estate exceeded over £1000 in bonds, mortgages and securities alone many of which had been taken in the names of her (extended) family members (presumably as Mary a married woman was unable to enter into legal agreements of this kind). Part of the estate was said to consist of gold, ready money and jewels. Her son Michael, claimed that after her death the "confederates" gained access to her goods (which were at her widowed son in law Richard Simons home) and essential shared out the proceeds.

The bill of complaint is essentially a discovery action to enable the administrator of her estate (her son Michael) to discover what has been taken and what the terms were of the bonds and securities. Michael Hunt states that the "confederates" will simply explain that Mary Plomley gave her estate away as an act of kindness!

Formatted and Annotated Transcript

An annotated transcript, formatted and punctuated for readability (An unformatted version follows in the next section).

Transcription conventions used in this text:

• Spelling is as per the original document, capitalization is unchanged
• The text was originally in one block of (nearly entirely) unpunctuated text on two sheets. Paragraph breaks, punctuation, layout and bold text have been introduced to aid readability.
• Where present, ff has been rendered as F, and the old letter Thorn has been rendered as th.
• Abbreviations and breviographs have been expanded, superscripts have been rendered as normal text.
• Insertions (between lines), where they occur, have been added where indicated in the text they are indicated by (( inserted text ))
• Words that could not be transcribed —- and transcription uncertain marked with ?
• The image quality was satisfactory, however, folds and faded text occur and the handwriting was barely legible in places.
• Commentary has been added in block quotes to give context to the original text which is rendered in italic

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2 December 1679

To the right honouerble Henage Lord Finch Baron of Daventry Lord high Chancellor of England

Humbly complaining theroth unto your Lordshipp your Orator Michaell hunt of the City of Bristoll Soapmaker. That whereas Mary Plomley your Orator's mother deceased after her first husband your Orators fathers death. having yssue by her said husband: your Orator her oldest sonne, and Joseph Hunt now resident in the Island of Jamaica Marchant her second sonne, and Sarah a daughter since maryed to Richard Symons the elder of Upper Langford in the County of Somersett gent (The said Sarah and Joseph being your Orator's younger brother and sister.

Mary Plomley's first husband Michaell Hunte (the Orator Michaell Hunte's father) died in 1652. His sister Sarah Hunte married Richard Simons in about 1651. His brother Joseph Hunte owned Spring Plantation in Jamaica and may be the individual refered to as "over seas" at the time this bill was made in 1679.

Did in her widowhoode long since agree to mary with one William Plomley of Locking in Somersett --- gent her second husband But being then possessed of several goods chattles ready money and household stuffe and haveing severall greate somes of money then owing to her secured by bonds and mortgages taken some in the names of your said Orator his said brother and others in the name or names of the confederates hereinafter named or some of them It was agreed between your Orators said mother and the said William Plomley before their intermarriage That whereas she had deposited six hundred pounds into the said Plomleys hands whereof he was to have only? the use during the Coverture between them The said Plomley should give Priority to pay back the said six hundred pounds principle money after your Orators said mothers death to such persone & persons and to such interest as she should by writing? appoynt

Mary Hunt's marriage to William Plomley took place on the 8 Jun 1665 in Bristol.^[2]

And that the said William Plomley should not during his marriage with her intermeddle with any part of her said personall estate but should pay and deliver and permitt the same and the produce thereof to be paid & disposed in such? manner? [both part obscured] as your Orators said mother should by such writing as aforsaid appoynt in pursuance of which agreament and to compell the aforman--? thereof the said William Plomley gave good security by bond or otherwise

As by the law and practice of couverture she had no financial independence from her husband (see Amanda Garside’s these “Women in Chancery” for more details of the challenge faced by women at this time)^[3].

And thereupon the said marriage [2 words obscure] your Orators said mother some time before her death being minded to appoint how her said estate should be divided amongst her said children and grandchildren and others and considering that her estate being in moneys was increased and that she taken securityes for the same in the names of your Orator and his said brother other the confederates herein after named Did about the month of October in the year of our Lord One thousand six hundred seventy and two by and? in therin writing signed sealed and published according to the said agreament made before marriage as aforesaid thereby writing the said agreement and in pursuance of the power to her aforesaid disposed and appoynt how her said personal estate soe afforesaid reserved should be paid and shared after her death which was as followeth (that is to say)

her son in law in a chancery bill (see C 8/355/108) of 1693 stated that the document was drawn up on the 14th October1672 (suggesting that as he knew the exact date that he held the document).

Shee by the said Instrument appoynted the sum of Fower hundred pounds to be paid to Eight of her eldest grandchildren being the children of her said daughter Sarah Symons equally to be divided between them Viz:

In 1672 when Mary Plomley’s legal instrument was written, her daughter Sarah probably had ? children living and by Mary’s death ….

• Fifty pounds apeace to each of them payable att their respective ages of one and twenty yeares
• And that the interest of the said fower hundred pounds till it became payable should be putt togeather and placed out for the benefit and advantage of the other younger children of her said daughter Symons (which should be younger than the said eight ) to be divided equally amongst them share and share alike att their respective ages of one and twenty years ( Except six percent per anum part of the said interest which the appoynted should be yearly paid to her said daughter Symons her owne hands)
• And that if any of her said eight eldest grandchildren should dye before the respective ages of one and twenty years Then your Orators said mother did appoynt that the some soe appoynted to him her or them soe dying should be paid to the Survivor and Survivors of her said eight eldest grandchildren equally amongst them share and share alike

Richard Symons her son in law described a nearly identical arrangement in his bill of complaint ( C 8/355/108 ) of 1693

And your Orators said mother by the said instrument did appoynt the further some of Fower hundred pounds to be paid to eight of her eldest grandchildren being the children of yo[u]^r said Orator Or if he should not have soe many children then the said Fower hundred pounds to divided amongst soe many children as your Orator should have equally at their respective ages of one and twenty years

In 1672 when Mary Plomley’s legal instrument was written, her son Michael probably had three children living: Mary Hunt (1669-), Michael Hunt (1670-) and Thomas Hunt (1671-). A further two were subsequently born and still living at the time of her death: Joseph Hunt (1674-1678) and Samuel Hunt (1676-).

• And that if any of them your Orators children should dye before that tyme then the some and somes of money of him her and them soe dying should be paid to the survivors and survivor of your Orators children to be paid equally amongst them
• And your Orators said mother did by the said instrument further order that the interest and interestes of the said last mentioned some of Fower hundred pounds until the respective ages of your Orators said Children should be taken and yearely laid together and placed out for the benefit and use of all such child and children as your said Oratorato^r should have ever and above the number of eight and to be paid to them w[i]^th the interest thereof att their respective ages of one and twenty years
• And that if your Orator should not have more or other children above the number aforesaid that should atteyne that age Then that the benefitt and interest of the said Fower hundred pounds last mentioned should be paid in such maner and form as the said fower hundred pounds is directed to be paid
• And that if your said Orator should have noe child that should attayne to the age of one and twenty yeares then your Orators said mother by the said instrument did appoynt that one full moyety or half part of the said last mentioned fower hundred pounds and the interest thereof should be paid to the children of your Orators said brother Joseph equally amongst them and the other moyety thereof to the children of your Orators said sister Symons equally amongst them shared & share alike

and your Orators said mother by the said instrument did appoynt the further some of Fower hundred pounds to be paid to eight of the oldest children that your Orators said brother Joseph should have lawfully begotten to be paid by such proportions att such tymes and in such manner & forme as the said Fower hundred pounds to your Orators said children is directed & appointed to be paid

Joseph Hunte died in Jamaica sometime after (or perhaps just before) this bill of complaint was written and 1684 when Michael his brother wrote his will and reported that he had inherited Spring Plantation from his brother who had died without issue (see Will of Michaell Hunt Soapmaker of Bristol 1684)

• And that if your Orators said brother Joseph should happen to dye with not any yssue of his body lawfully begotten which should atteyne the age of one twenty years then your Orators said mother did by the said instrument appoynt one full half part of the said Fower hundred pounds last mentioned and the interest thereof to be paid to the children of your Orator equally amongst them and the other moyety & interest to the children of your Orators said Sister Symons equally amongst them share and share alike
• And your Orators said mother by the said Instrument further recalling? that she had bought after ghold att Bleadon? for her said sonne Joseph which cost her One hundred and fifty pounds And that she had lent him One hundred pounds in money did thereby appoynt that that two hundred and fifty pounds should be parteth of the said Fower hundred pounds directed to be paid to his children
• And that if her said sonne Joseph did and should give his owne bond of the penalty of Eight hundred pounds to your Orator conditioned to pay the said Fower hundred pounds and interest according to her direction and appoyntment in the said instrument expressed? for the payment thereof then your Orators said mother did by the said instrument appoynt That your Orator should pay the other one hundred and fifty pounds to her said sonne Joseph to compleate the said some Of Fower hundred pounds
• And that if the said sonne Joseph should refuse soe to doe that then yo[u]^r Orator should pay but only One hundred and fifty pounds with the interest thereof to the children of your Orators said brother Joseph equally amongst them att their respective ages of one and twenty years
• And that if he the said Joseph should have noe child or children which should attayne that age then the said one hundred and fifty pounds with the interest thereof equally should be divided as the said Fower hundred pounds was to have beene divided in such like case

It seems that Mary Plomley didn’t trust her son Joseph to meet his commitments, putting in place alternative arrangements in case he did not pass on the money to any children. This included a bond of value £400 (exact conditions unknown) of penalty £800.

And your Orators said mother by the said Instrument did further appoynt that if any surplus of money should happen to be left after her severall expenses should be discharged and the severall somes of money appoynted by the said instrument to be paid should be paid That your said Orator should reteyne the overplus thereof to his ownself? As in and by the said Instrument more fully and att lardged? it doth and may appeare?

From this, Michael Hunte clearly has a lot to gain from administering his mothers estate as his claim is that he would be able to retain any residue.

After the sealeing and publishing of which instrument by your Orators said mother the estate of your Orators said mother still increasing she lent out several other moneys amounting to above Six hundred pounds and tooke the securities for the same some of them in the name of your Orator and others in the names of other of the confederates hereafter named and afterwards the said William Plomley your Orators said mothers second husband by her consent and direction paid in the said Six hundred pounds in her life tyme to your Orator

After which she your Orators said mother dyed with out having made any will or any other direction than what is above sett forth After whose death your Orator hath satisfied your Orators said children the said moneys soe given to them and the said Plomley whoe survived her refused to take Administrated of her estate and the Administration thereof by the said Plomleys consent was permitted to your Orator in due forme of law whereby your Orator is intitled to demand and have an accompt? of her said [per]sonall estate and to have and receive into his custody the said goods and chattles belonging to her estate and to receive the debts due to her in her lifetime as lent out by her In others names in trust for her In order so making good of the several appoyntments made by her in and by the instrument above sett forth

Richard Symons in his 1693 Bill of Complaint stated that Mary Plomley died on the 24th April 1678 (again being in possession of facts that Michael Hunt only alludes to). a record of the administration being refused by William Plomley who consented to Michael Hunt's administration records this date as 3rd December 1678.

And the said Sarah wife of the said Richard Symons dyed in the lifetime of your Orators said mother

Sarah died in 1674, being buried on the 29th June 1674 in Churchill, Somerset. ^[4]

But now soe it is may it please your Lordshipp that your Orators said brother Joseph Hunt and the said Richard Symonds, theelder Francis Plomley of Locking in the County of Somersett gent, Thomas Robertes of Hutton in the said county yeoman, and Thomas Edwards of the City of Bristoll gent, Mary Symonds and Martha Symonds Daughters of the said Richard Symons and Sarah his wife, in whose or some of whose names the said bonds and securities as also severall former securityes were taken confederating and combining together and with Joseph Symonds, Michael Symonds, Sarah Symonds ,Elizabeth Symonds, Christian Symonds, & Judith Symonds several other of the children of the said Richard Symonds and Sarah his wife and with severall other persons as yett to your Orator unknown whose name & when discovered your orator prayes may be made partyes to this suite with apt? words to chardge them to deceive? your Orator]and his children and to hinder the due executon of the said appoyntments And the Administration of the said estate

She your said Orators mother having left all or the greatest part of her: bonds, bills, mortguages, plate, rings, Jewells, lynnen, household stuffe, and other her personal estate att the dwelling house of the said Richard Symonds the elder where the same remained att her death They the said confederates or some of them took advantage of that opportunity and in your Orators absence possessed themselves of and got into their or some or one of their hands & custody almost all the severall: rings, Jewells, plate, ready money, and securityes for money, goods, and chattles, parteth of the estate late of your Orators said mother and almost all the said severall bonds instruments and mortgages which were securtyes given for moneys which were your Orators said mothers owne proper moneys lent by her in their or some of the said confederates names but in trust for herselfe and perticularly these severall securityes following (that is to say);

• One mortgage for One hundred pounds made by one Edmond Steward to the said Francis Plomley and Thomas Worter In trust for your Orators said mother
• And one bond of the penalty of three? more? pounds for the payment of thirty pounds and interest entered into by one William? Sheppard and John Beard unto the said Mary Symons
• One other bond wherein the said William Plomley & Francis Plombley stood bounde to the said Martha Symons in Thirty pounds for payment of Fifteene pounds and interest
• One other bond wherein the said William Plomley & Francis Plomley stood bounde to the said Martha Symons in Fourty pounds conditioned for payment of twenty pounds & interest
• One other bond wherein the said William Plomley stood bounde to the said Martha Symons in tenne pounds for payment of five pounds and interest
• One other bond wherein John Plomley the younger gent stood bounde to the said Martha Symons in tenne pounds for payment of five pounds and interest
• One other bond wherein Joseph Franklyn clerk stood bounde to the said Mary Symons in tenne pounds forpayment of five pounds & interest
• One other bond wherein John Brookeman stands bounde to the said Richard Symons the elder in tenne pounds for payment of five pounds and interest
• One other bond wherein John Jollies stands bounde to the said Mary Symons in twenty pounds principall money conditioned for payment of tenne pounds and interest
• One other bond wherein John Plomley the elder and the said John Plomley the younger stand bound to the said Mary Symons in Forty pounds conditioned for payment of twenty pounds and interest
• One other bond wherein John P-llippen? stands bounde to the said Mary Symons in twelve pounds for payment of six pounds & interest
• One other bond wherein Charles Ridley gent stands bounde to the said --- Symons in one hundred pounds for payment of Fifty pounds and interest
• And one other bond wherein Richard Symons the younger stands bounde to the said Francis Plomley and Thomas Edwards in One hundred pounds for payment of fifty pounds and interest
• and fifty pounds more that was by your Orators mother left in the hande of the said Richard Symons the younger & was to be att his disposel? when ever she should require the same

This list of bonds and securities tells us who both the obligor (those bound by the obligation) and obligee (those benefitting from the obligation) are, the sum of money agreed and the penalty if the conditions of the bond are not fully met. However they do not describe the terms of the bond, ie who the (presumed) borrower and the conditions relating to payment. On particular concern is that Mary Plomley's granddaughters named as obligees in this bill of complaint may not have been of age to enter into a legal agreement. Mary Simons was baptised on the 27th Feb 1656, probably attaining her majority in early 1657 (assuming she was born within weeks of her baptism). Martha (according to (see C 8/355/108) ) was born on the 6th July 1659 and would not have reached the age of 21 until 6 July 1680, after Mary Plomley's death.

As by the said several bonds and securityes had your said Orator the same to produce would more fully appeare All which said goods and chattles, bonds and securcityes amount to the ballce? Of One thousand pounds att least Doe [though crossed out] some or one of them doe each? pretend (though untruly) and give out in speeches? that the said moneys, plate, rings, goods and chattles were given to them or some of them by your Orators said mother in her life tyme after the making the said instrument an additon of her further kindness to them but refuse to tell what goods or chattles bonds or securities parcell of her effects they or any of them have in their power or possession . And also pretend (though alike by? truly? that any? bonds soe made in their or some of their names were given for the security of the ^proper^ moneys of them or some of ((they earned the interest of the said moneys from tyme to tyme to their or one of their owne use --- whereby if they at any tyme --- the interest of the --- monyes the --- the same afterwards to the said Mary Plomley --- --- use pre--- )) them lent by them or some of them and not yo[u]r Orato[r]s said mothers money nor by her lent and by these meanes ---- --- & intend to keepe and deteyin the said moneys and securityes goods and chattles and to recover and recoverd the said debts some of w[hi]^ch they or some of them allready received to theyr own uses or released and dischar[e]d or give out that will release and dischardge the same

Note that the inserted text included between double parenthesis ((Inserted text)) is small and hard to read

And yett the said Richard Symons the elder and his said children doe demannd and expect that your Orator should pay them over and above what they have allready received the said severall somes appoynted to be paid them by the said Instrument above r-isted?.

And though your Orator offered and is still ready to make good to the said severall Confederates all the said appoyntments of your Orators said mother in & by the said instrument expressed? they delivering up all the goods and chattles and securytes of his said mothers estate to your Orator with power to sue? for recover and receive the same Yett the said Confederates refuse to deliver the same or any part thereof to your Orator to inpower your Orator to recover and receive the same or to make any discovery either of what money goods chattles bonds mortgages or securityes aforesaid belonging to her said estate they or any of them or any other to theire or either or any of their use or uses knowledge or knowledges have or lately had in their or any of their hands or knowledg but the said Confederates and the said Obligors have cancelled the said bonds & securytes and shared the moneys thereby secured amongst themselves or elce? the said securityes are released by the said Obligees with out payment of the moneys due thereon and if the same were paid the said Confederates and the said Obligo^rs have shared the said moneys amongst themselves

All which matters are contrary to all equity and good conscience so then? therefore they the said Confederates may a full and perfect answers make to all and singuler the premisses and more perticulerly discover what moneys your Orators mother putt out on securityes and to whom and when and the dates and contents of such securityes And that they & every of them may sett forth and discover upon their respective oathes whether the moneys lent upon any of the said securityes which are in their or either of their names were their? or any or either of [words obscured] at this tyme of the loans thereof and whether the said moneys were by them or either or any of them lent and to whome and when and where paid the moneys soe lent the tyme of the loans thereof and who rece[ive]d the interest thereof afterwards from tyme to tyme And ((And who theris your confederates at any --- --- the interest of the said monyes or any parts thereof they did not afterwards pay or account for the same to the said Mary Plomley your said Orato[rs] mother --- --- --- ----)) may amount

Note that the inserted text included between double parenthesis ((Inserted text)) is small and hard to read

to your Orator --- all moneys bonds and securytes goods and Chattles late of the said Mary have come to their or any of their hands And that your Orators may be therein refusied For--- as your Orator cannot recover the said goods and chattles att law in regard he knoweth not nor cann prove the particulers thereof nor in whose particular possesion they were or are his witnesses thereof being either dead or in parts beyond the seas and in regard the said bonds and securityes which are in the said Confederates hands or the hands of either of them are taken in the names of the Confederates or some or one of them as afore said

May it please your Lordshipp to graunte unto your Orator his Majesties most gracious writt or writts of Subpena to be directed to the said: Joseph Hunt, Richard Symons the elder, Richard Symons the younger, William Plomley, Francis Plomley, John Plomley the elder John Plomley, the younger Mary Symons, Martha Symons, Thomas Edwards, Thomas Porter, Edmond Steward, William Sheppard, John Beard, Joseph Franklin, John Brookman, John Jollies, John Phil---?, Charles Ridley, Joseph Symons, Michael Symons, Sarah Symons, Elizibeth Symons, Christian Symons , & Judith Symons thereby comanding them and every of them att a certaine day and under a certaine paine therein to be lymitted personally to be and appeare before your Lordship in this honerable? house? then and there true answers to make to all and singuler the premisses? and to stand to and abide such order judgement? and Decree thereinn as to your Lordships shall seeme meete

And your Orator shall ever pray & etc

Original Transcript

Transcription conventions used in this text:

• Spelling and punctuation are as per the original document.
• The text was originally in one block of (nearly entirely) unpunctuated text on two sheets. Lines are numbered as per the original and line breaks retained.
• Where present, ff has been rendered as F.
• Abbreviations and breviographs have been expanded in [square brackets].
• Superscripts have been rendered by a preceding circumflex ^
• Insertions, where they occur, have been added where indicated in the text and marked by (( interted text))
• The image quality was satisfactory, however, folds and faded text occur and the handwriting was barely legible in places.

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0a) 2 December 1679 To the right honouerble Henage Lord Finch Baron of Daventry

0b) Lord high Chancellor of England

1) Humbly complaining theroth unto yo[u]r Lord[shi]^pp yo[u]r Orato^r Michaell hunt of the City of Bristoll Soapmaker That whereas Mary Plomley yo[u]^r Orato^rs mother dece[ase]d after her first husband yo[u]r Orato^rs fathers death having yssue by her said

2) husband yo[u]^r Orato^r her oldest sonne and Joseph Hunt now resident in the Island of Jamaica Marchant her second sonne and Sarah a daughter since maryed to Richard Symons the[l]der of Upper Langford in the County of Somersett gent (The

3) said Sarah and Joseph being yo[u]^r Orato^rs younger brother and sister Did in her widowhoode long since agree to mary w[i]^th one William Plomley of Locking in Somersett --- gent her second husband But being then possessed of

4) several goods chattles ready money and household stuffe and haveing severall greate somes of money then owing to her secured by bonds and mortgages taken some in the names of yo[u]^r said Orato^r his said brother and others in the nam[e] or names

5) of the confederates hereinafter named or some of them It was agreed between yo[u]^r Orato^rs said mother and the said William Plomley before their intermarriage That whereas she had deposited six hundred pounds into the said Plomleys hands

6) whereof he was to have only? the use during the Coverture between them The said Plomley should give Priority to pay back the said six hundred pounds principle money after yo[u]^r Orato^rs said mothers death to such [per]sone & [per]sons and to such interest

7) as she should by writin[g?] appoynt And that the said William Plomley should not during his marriage w[i]^th her intermeddle w[i]^th any part of her said [per]sonall estate but should pay and deliver and [per]mitt the same and the produce thereof to be paid & disposed

8) in such? manner? [both part obscured] as y[o]^ur Orato^rs said mother should by such writing as aforsaid appoynt in pursuance of w[hi]^ch agream[en]^t and to compell the aforman--? thereof the said William Plomley gave good security by bond or otherwise And thereupon the said marriage

9) [2 words obscure] yo[u]^r Orato^rs said mother some time before her death being minded to appoint how her said estate should be divided amongst her said children and grandchildren and others and considering that her estate being in moneys was increased and that

10) she taken securityes for the same in the names of yo[u]^r Orato^r and his said brother other the confederates herein after named Did about the month of October in the year of o[u]r Lord One thousand six hundred seventy and two by and? in therin?

11) writing signed sealed and published according to the said agream[en]^t made before marriage as aforesaid thereby writing the said agreem[en]^t and in pursuance of the power to her aforesaid disposed and appoynt how her said [per]sonal estate soe af- [continues to next line]

12) foresaid reserved should be paid and shared after her death w[hi]^ch was as followeth (that is to say) Shee by the said Instrum[en]^t appoynted the sum of Fower hundred pounds to be paid to Eight of her eldest grandchildren being the children of her said daughter

13) Sarah Symons equally to be divided between them Viz Fifty pounds apeace to each of them payable att their respective ages of one and twenty yeares And that the interest of the said fower hundred pounds till it became payable should be

14) putt togeather and placed out for the benefit and advantage of the other younger children of her said daughter Symons (w[hi]^ch should be younger than the said eight ) to be divided equally amongst them share and share alike att their respective ages

15) of one and twenty years ( Except six percent [per]anum part of the said interest w[hi]^ch the appoynted should be yearly paid to her said daughter Symons her owne hands ) And that if any [of] her said eight eldest grandchildren should dye before the respective

16) ages of one and twenty years Then yo[u]^r Orato^rs said mother did appoynt that the some soe appoynted to him her or them soe dying should be paid to the Survivor and Survivors of her said eight eldest grandchildren equally amongst them share

17) and share alike And yo[u]^r Orato^rs said mother by the said instrum[en]^t d[i]d appoynt the further some of Fower hundred pounds to be paid to eight of her eldest grandchildren being the children of yo[u]^r said Orato^r Or if he should not have soe many

18) children then the said Fower hundred pounds to divided amongst soe many children as yo[u]^r Orato^r should have equally at their respective ages of one and twenty years And that if any of them yo[u]^r Orato^rs children should dye before that

19) tyme then the some and somes of money of him her and them soe dying should be paid to the survivo^rs and survivo^r of yo[u]^r Orato^rs children to be paid equally amongst them And yo[u]^r Orato^rs said mother did by the said instrum[en]^t further order that the interest and

20) intereste[s]? of the said last mentioned some of Fower hundred pounds until the respective ages of yo[u]^r Orato^rs said Children should be taken and yearely laid together and placed out for the benefit and use of all such child and children as yo[u]^r said

21) Oratorato^r should have ever and above the number of eight and to be paid to them w[i]^th the interest thereof att their respective ages of one and twenty years And that if yo[u]^r Orato^r should not have more or other children above the number aforesaid that

22) should atteyne that age Then that the benefitt and interest of the said Fower hundred pounds last mentioned should be paid in such maner and form as the said fower hundred pounds is directed to be paid And that if yo[u]^r said Orato^r should

23) have noe child that should attayne to the age of one and twenty yeares then yo[u]^r Orato^rs said mother by the said instrum[en]^t did appoynt that one full moyety or half part of the said last mentioned fower hundred pounds and the interest thereof

24) should be paid to the children of yo[u]^r Orato^rs said brother Joseph equally amongst them and the other moyety thereof to the children of yo[u]^r Orato^rs said sister Symons equally amongst them shared & share alike and yo[u]^r Orato^rs said mother by the

25) said instrum[en]^t did appoynt the further some of Fower hundred pounds to be paid to eight of the oldest children that yo[u]^r Orato^rs said brother Joseph should have lawfully begotten to be paid by such proportions att such tymes and in such manner &

26) forme as the said Fower hundred pounds to yo[u]^r Orato^rs said children is directed & appointed to be paid And that if yo[u]^r Orato^rs said brother Joseph should happen to dye w[i]^th not any yssue of his body lawfully begotten w[hi]^ch should atteyne the age of one &

27) twenty years then yo[u]^r Orato^rs said mother did by the said instrum[en]^t appoynt one full half part of the said Fower hundred pounds last mentioned and the interest thereof to be paid to the children of yo[u]^r Orato^r equally amongst them and the other

28) moyety & interest to the children of yo[u]^r Orato^rs said Sister Symons equally amongst them share and share alike And yo[u]^r Orato^rs said mother by the said Instrum[en]^t further recalling? that she had bought after ghold att Bleadon? for her said sonne Joseph

29) w[hi]^ch cost her One hundred and fifty pounds And that she had lent him One hundred pounds in money did thereby appoynt that that two hundred and fifty pounds should be parteth of the said Fower hundred pounds directed to be

30) paid to his children And that if her said sonne Joseph did and should give his owne bond of the penalty of Eight hundred pounds to yo[u]^r Orato^r conditioned to pay the said Fower hundred pounds and interest according to her direction

31) and appoyntm[en]^t in the said instrum[en]^t expressed? for the paym[en]^t thereof then yo[u]^r Orato^rs said mother did by the said instrum[en]^t appoynt That yo[u]^r Orato^r should pay the other one hundred and fifty pounds to her said sonne Joseph to compleate

32) the said some Of Fower hundred pounds And that if the said sonne Joseph should refuse soe to doe that then yo[u]^r Orato^r should pay but only One hundred and fifty pounds w[i]^th the interest thereof to the children of yo[u]^r Orato^rs said

33) brother Joseph equally amongst them att their respective ages of one and twenty years And that if he the said Joseph should have noe child or children w[hi]^ch should attayne that age then the said one hundred and fifty pounds w[i]^th the interest

34) thereof equally should be divided as the said Fower hundred pounds was to have beene divided in such like case And yo[u]^r Orato^rs said mother by the said Instrum[en]^t did further appoynt that if any surplus of money should happen to be left after

35) her severall expenses should be discharged and the severall somes of money appoynted by the said instrum[en]^t to be paid should be paid That yo[u]^r said Orato^r should reteyne the overplus thereof to his ownself? As in and by the said Instrum[en]^t

36) more fully and att lardg[e]d? it doth and may appeare? After the sealeing and publishing of w[hi]^ch? instrument by yo[ur] Orato^rs said mother the estate of yo[u]^r Orato^rs said mother still increasing she lent out several other moneys

37) amounting to above Six hundred pounds and tooke the securities for the same some of them in the name of yo[u]^r Orato^r and others in the names of other of the confederates hereafter named and afterwards the said William Plomley

38) yo[u]^r Orato^rs said mothers second husband by her consent and direction paid in the said Six hundred pounds in her life tyme to yo[u]^r Orato^r After w[hi]^ch she yo[u]r Orato^rs said mother dyed w[i]^th out having made any will or any other direction than

39) what is above sett forth After whose death yo[u]^r Orato^r hath satisfied yo[u]^r Orato^rs said children the said moneys soe given to them and the said Plomley whoe survived her refused to take Administrated of her estate and the Administration

40) thereof by the said Plomleys consent was [per]mitted to yo[u]^r Orato^r in due forme of law whereby yo[u]^r Orato^r is intitled to demand and have an accompt? of her said [per]sonall estate and to have and receive into his custody the said goods and chattles belonging to her

41) estate and to receive the debts due to her in her lifetime as lent out by her In others names in trust for her In order so making good of the several appoyntm[en]^ts made by her in and by the instrum[en]^t above sett forth And the said Sarah wife of the said

42) Richard Symons dyed in the lifetime of yo[u]^r Orato^rs said mother But now soe it is may it please yo[u]^r Lord[shi]^pp that yo[u]^r Orato^rs said brother Joseph Hunt and the said Richard Symonds th[e]elder Francis Plomley of Locking in the County of Somersett gent

43) Thomas Robertes of Hutton in the said county yeoman and Thomas Edwards of the City of Bristoll gent Mary Symonds and Martha Symonds Daughters of the said Richard Symons and Sarah his wife in whose or some of whose names the said

44) bonds and securities as also severall former securityes were taken confederating and combining together and w[i]^th Joseph Symonds Michael Symonds Sarah Symonds Elizabeth Symonds Christian Symonds & Judith Symonds

45) several other of the children of the said Richard Symonds and Sarah his wife and w[ith] severall other [per]sons as yett to yo[u]r Orato[r] unknown whose name & when discovered yo[u]^r orato^r prayes may be made partyes to this suite w[i]^th apt? words to chardge

46) them to deceive? yo[u]r Orato[r] and his children and to hinder the due executon of the said appoyntm[en]ts And the Administration of the said estate She yo[ur] said Orato[rs] mother having left all or the greatest part of her bonds bills mortguages plate

47) rings Jewells lynnen household stuffe and other her [per]sonal estate att the dwelling house of the said Richard Symonds the[e]lder where the same remained att her death They the said confederates or some of them took advantage of that

48) opportunity and in yo[u]^r Orato^^rs absence possessed themselves of and got into their or some or one of their hands & custody almost all the severall rings Jewells plate ready money and securityes for money goods and chattles parteth of the estate

49) late of yo[u]^r Orato^rs said mother and almost all the said severall bonds instrum[en]^ts and mortgages w[hi]^ch were securtyes given for moneys w[hi]^ch were yo[u]^r Orato^rs said mothers owne proper moneys lent by her in their or some of the said confederates

50) names but in trust for herselfe and [per]ticularly these severall securityes following (that is to say) One mortgage for One hundred pounds made by one Edmond St[e]ward to the said Francis Plomley and Thomas Worter In trust for yo[u]r

51) Orato^rs said mother And one bond of the penalty of three? more? pounds for the paym[en]^t of thirty pounds and interest entered into by one William? Sheppard and John Beard unto the said Mary Symons One other bond wherein the said William Plomley & Francis

52) Plombley stood bounde to the said Martha Symons in Thirty pounds for paym[en]^t of Fifteene pounds and interest One other bond wherein the said William Plomley & Francis Plomley stood bounde to the said Martha Symons in Fourty pounds

53) conditioned for paym[en]^t of twenty pounds & interest One other bond wherein the said William Plomley stood bounde to the said Martha Symons in tenne pounds for paym[en]^t of five pounds and interest One other bond

54) wherein John Plomley the younger gent stood bounde to the said Martha Symons in tenne pounds for paym[en]^t of five pounds and interest One other bond wherein Joseph Franklyn clerk stood bounde to the said Mary Symons in tenne pounds for

55) paym[en]^t of five pounds & interest One other bond wherein John Brookeman stands bounde to the said Richard Symons th[e]elder in tenne pounds for payment of five pounds and interest One other bond wherein John Jollies stands bounde to the said Mary Symons in twenty

56) pounds principall money conditioned for paym[en]t of tenne pounds and interest One other bond wherein John Plomley th[e]elder and the said John Plomley the younger stand bound to the said Mary Symons in Forty pounds conditioned for paym[en]^t

57) of twenty pounds and interest One other bond wherein John P-llippen? stands bounde to the said Mary Symons in twelve pounds for paym[en]^t of six pounds & interest One other bond wherein Charles Ridley gent stands bounde to the said ---

58) Symons in one hundred pounds for paym[en]^t of Fifty pounds and interest And one other bond wherein Richard Symons the younger stands bounde to the said Francis Plomley and Thomas Edwards in One hundred pounds for payment of fifty

59) pounds and interest and fifty pounds more that was by yo[u]^r Orato^rs mother left in the hande of the said Richard Symons the younger & was to be att his disposel? when ever she should require the same As by the said several bonds and

60) securityes had yo[u]^r said Orato[r] the same to produce would more fully appeare All w[hi]^ch said goods and chattles bonds and securcityes amount to the ballce? Of One thousand pounds att least Doe [though crossed out] some or one of them doe

61) each? p^r[e]tend (though untruly) and give out in speeches? that the said moneys plate rings goods and chattles were given to them or some of them by yo[u]r Orato[r]s said mother in her life tyme after the making the said instrument

62) an additon of her further kindness to them but refuse to tell what goods or chattles bonds or securities parcell of her effects they or any of them have in their power or possession And also p^r[e]tend (though alike by? truly?

63) that any? bonds soe made in their or some of their names were given for the security of the ^proper^ moneys of them or some of ^^they earned the interest of the said moneys from tyme to tyme to their or one of their owne use --- whereby if they at any tyme --- the interest of the --- monyes the --- the same afterwards to the said Mary Plomley --- --- use pre--- ^^ them lent by them or some of them and not yo[u]r Orato[r]s said mothers money nor by her lent and by these meanes

64) ---- --- & intend to keepe and deteyin the said moneys and securityes goods and chattles and to recover and recoverd the said debts some of w[hi]^ch they or some of them allready received to theyr own uses or released and

65) dischar[e]d or give out that will release and dischardge the same And yett the said Richard Symons th[e]lder and his said children doe demannd and expect that yo[u]^r Orato^r should pay them over and above

66) what they have allready received the said severall somes appoynted to be paid them by the said Instrument above r-isted? And though yo[u]^r Orato^r offered and is still ready to make good to the said severall Confederates

67) all the said appoyntm[en]^ts of yo[u]^r Orato^rs said mother in & by the said instrum[en]^t expressed? they delivering up all the goods and chattles and securytes of his said mothers estate to yo[u]^r Orato[^r w[i]^th power to sue? for recover and receive the

68) same Yett the said Confederates refuse to deliver the same or any part thereof to yo[u]^r Orato^r to inpower yo[u]^r Orato^r to recover and receive the same or to make any discovery either of what money goods chattles bonds mortgages

69) or securityes aforesaid belonging to her said estate they or any of them or any other to theire or either or any of their use or uses knowledge or knowledges have or lately had in their or any of their hands or knowledg but the said

70) Confederates and the said Obligo^rs have cancelled the said bonds & securytes and shared the moneys thereby secured amongst themselves or elce? the said securityes are released by the said Obligees w[i]^th out paym[en]^t of the moneys

71) due thereon and if the same were paid the said Confederates and the said Obligo^rs have shared the said moneys amongst themselves All w[hi]ch matters are contrary to all equity and good conscience / so then? therefore

72) they the said Confederates may a full and [per]fect answers make to all and singuler the p^r[e]misses and more p[er]ticulerly discover what moneys yo[u]^r Orato^rs mother putt out on securityes and to whom and when and the dates and

73) contents of such securityes And that they & every of them may sett forth and discover upon their respective oathes whether the moneys lent upon any of the said securityes w[hi]^ch are in their or either of their names were

74) their? or any or either of [words obscured] at this tyme of the loans thereof and whether the said moneys were by them or either or any of them lent and to whome and when and where paid the moneys soe lent

75) INS And who theris yo[u]r confederates at any --- --- the interest of the said monyes or any parts thereof they did not afterwards pay or account ENDINS the tyme of the loans thereof and who rece[ive]d the interest thereof afterwards from tyme to tyme And [INSHERE] may amount

75) INS for the same to the said Mary Plomley your said Orato[rs] mother --- --- --- ----

to yo[u]^r Orato^r --- all moneys bonds and securytes goods and Chattles late of the said Mary

76) have come to their or any of their hands And that yo[u]^r Orato^rs may be therein refusied ffor--- as yo[u]^r Orato^r cannot recover the said goods and chattles att law in regard he knoweth not nor cann prove the p[ar]ticulers

77) thereof nor in whose [par]ticular poss[es]ion they were or are his witnesses thereof being either dead or in parts beyond the seas and in regard the said bonds and securityes w[hi]^ch are in the said Confederates hands or the

78) hands of either of them are taken in the names of the Confederates or some or one of them as afore said May it please yo[u]^r Lord[sh]^pp to graunte unto yo[u]^r Orato^r his Ma[jes]ties most gracious writt or writts of Subpena

79) to be directed to the said Joseph Hunt Richard Symons th[e]elder Richard Symons the younger William Plomley Francis Plomley John Plomley th[e]elder John Plomley the younger Mary Symons Martha

80) Symons Thomas Edwards Thomas Porter Edmond St[e]ward William Sheppard John Beard Joseph Franklin John Brookman John Jollies John Phil---? Charles Ridley Joseph Symons Michael Symons

81) Sarah Symons Elizibeth Symons Christian Symons & Judith Symons £ £ £ £ £ £ £ £ thereby comanding them and every of them att a certaine day and under a certaine paine therein to be lymitted

82) [per]sonally to be and appeare before yo[u]^r Lord[sh]^ip in this hon[e]rable? h[ou]se? then and there true answers to make to all and sing[u]ler the p^r[e]misses? and to stand to and abide such order [judg?]em[en]^t and Decree thereinn as to yo[u]^r

83) Lord[shi]ps shall seeme meete And yo[u]^r Orato^r shall ever pray &c [etc]

Research Notes

Sources

1. ↑ "Short title: Hunt v Hunt. Plaintiffs: Michael Hunt . Defendants: Joseph Hunt , Richard...",The British National Archive, C 6/238/41 ,1679, https://discovery.nationalarchives.gov.uk/details/r/C5224191 ,(accessed 1 July 2023)
2. ↑ Marriage: "England Marriages 1538-1973"
   FindMyPast Transcription (accessed 23 June 2023)
   William Brumly marriage to Mary Hunt on 8 Jun 1665 in Bristol, Gloucestershire, England.
3. ↑ Garside, C. (2019). Women in Chancery : an analysis of Chancery as a court of redress for women in late seventeenth century England. (Thesis). University of Hull. Retrieved from https://hull-repository.worktribe.com/output/4222452
4. ↑ Burial: "Somerset, England, Church of England Baptisms, Marriages, and Burials, 1531-1812"
   Somerset Heritage Service; Taunton, Somerset, England; Somerset Parish Records, 1538-1914; Reference Number: D\p\chl/2/1/1
   Ancestry Sharing Link - Ancestry uk Record 60856 #1766180 (accessed 9 November 2023)
   Sarah Simmons burial on 29 Jun 1674 in Churchill, Somerset, England.