Mills v Ivory Plea 1668

Date: [unknown] [unknown]
Location: [unknown]

Plea of Richard Mills v. Luke Ivory over the whereabouts of [his nephew?], Richard Mills, personal effects and estate.^[1]

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13 Febr 1668
59 [signature - Fycner?]
To the right hono[ura]ble St. Orlando Bridgman Kn^t. and Barronett Lord Keeper
of the great Seale of England

in all humble manner complayning sheweth vnto your good Lordshippe your daily Orator Richard Mills of Stoke poges in the Countie of Bucks husbandman admi[nistrator] of all and singular the goods and Chattells of Richard Mills [...] of old Brainford in the Countie of Midd[lesex] and Tallow Channdler deceassed, That whereas the said Richard Mills being in his life time and at the time of his death possessed of ^^a very plentiful p[er]sonall Estate both in ready money [and] leasses bonds. bills, Bedding, Lynnen, plate, Brasse, Pewter and other goods and dying soe possessed thereof intestate your Orat[or] tooke forth L[ett]res of administrac[i]on in due forme, and soe is become intitled to all[...] said p[er]sonall Estate of the said Richard Mills your Orat[or] being uncle and next of Kynn unto him And your Orat[or] further humbly sheweth vnto your good Lordshippe That the said Richard Mills was in his life [...] for some Annuall wages or other considerac[i]on unknowne to your Orat[or] ymployed as a Journey Man ^^{or Servant} by one Luke Ivory of Brainford aforesaid Tallow Channdler in the said Trade wherein he did for sev[er]all yeares doe the said ^^Luke Ivory good and faithfull service for which his service there was aconsiderable sum[m]e of mony due to the said Richard Mills besides the said Richard Mills not only lent his life time to the said Luke Ivory sev[er]all sum[m]es of mony upon bill, specialty or some other Engagem[en]t amounting to at least one hundred pounds but also left at sev[er]all times sev[er]all sum[m]es of mony in the Custodie of the said Ivory,

And the said Ivory alsoe caused the said Richard Mills in his life or procured him to lend to other p[er]sons sev[er]all sum[m]es of mony upon bond bill specialty and other securtye well knowne to the said Ivory And your orat[or] further humblye sheweth unto your good Lordshippe that in the last great Contagion time the said Richard Mills departed this life (not makeing any Will) in the house and service of the said Ivory where he had by him a considerable sume of ready mony besides what mony he soe left in the said Ivoryes Custodie and a quantitie of plate of a considerable value and divers goodes, Bonds, Bills. Obligac[i]ons specialtyes Mortgages leases writings and Evidences manifesting what debts and p[er]sonall Estate he dyed possessed of is well knowne to the said Ivory who then gott into his hands custodie or possession all the ready mony plate goods bonds bills obligacons specialties, Mortgages leasses writings and Evidences, whereof the said Richard Mills dyed possessed of

But nowe soe it is May it please your good Lordshippe the said Ivory and other the debt[ors] of the said Richard Mills Combyning and Confederating together with sev[er]all other persons unknowne to your orat[or] whome when discov[er]ed and as well as the debto[rs] of the said Richard Mills (when knowne may be made p[ar]ties to this bill and their names incerted therein with apt termes to Charge them) how to defraud and deceive yo[ur] Orat[or] of the whole or greatest p[ar]te of the p[er]sonall Estate of the said Richard Mills and to share the same to and amongst themselves and to that ^^{end &} purpose the said Ivory and Confederates or some of them have or had in their or some of theire Custodie or possession, all the mony plate goods bonds bills obligacons specialties leases Mortgages Conveyances and writings to manifest the p[er]sonall Estate of the said Richard Mills whereof he died possessed and have orsome of them hath or doth intend to receive the mony thereupon due or soe much thereof as the said Confederates can procure and deliver up to the debtors of the said Mills their sev[er]all securities given to the said Mills in his life time for sev[er]all sum[m]es of mony, or otherwise intends when they or some of them hath received or Compounded with the said [debtor] ^^{or debtors} of the said Richard Mills will destroy or vacuate the said bonds bills Mortgages writings and Evidences

And to that end and purpose the said Ivory doth give out in Speeches that there was nothing due to the said Richard Mills from the said Ivory either Wages, Mony lent or otherwise, or that he hath or ever had, or knew of any mony plate goods or p[er]sonall Estate the said Richard Mills dyed possessed of or ever had in his Custodie or knew of any bonds bills obligac[i]ons specialties leasses Mortgages writings ^^or Evidences the said Richard Mills dyed possessed of, or ever knew ^^that he lent any mony at all to any person ^^{or persons whatsoever} and somtimes the said Ivory gives out in speeches that the said Richard Mills dyed not worth any thing nor had any Estate at all The said Ivory being often in a friendly manner desired by your Orat[or] to pay the wages due to and the said mony lent by the said Richard Mills in his life time to the said Ivory or to discover the debtors of and what mony was due from them to the said Richard Mills or to deliver to your orat[or] the mony plate goods bonds bills obligac[i]ons lease Mortgages Evidences and writings manifesting the said Richard Mills p[er]sonall Estate whereof he dyed possessed, which came to the hands Custodie or possession of the said Ivory or to discover the said debto[rs] names or in whose custodie the said p[er]sonall Estate are or were well knowing that your Orat[or] cannot by the Strict rules of the Com[m]on Lawe Compell him thereunto yout Orat[ors] Witnesses who could prove all and every the p[re/o]misses being all dead or in p[ar]ts beyond the sea farr remote and cannot be come by.

Well knowing your Orat[or] being remedilese elcewhere but by the Justice and equitie of this honourable Court your Orat[or] well knowing that the said Ivory and Confederates when knowne must confesse all and every the p[ro]misses upon their Corporall Oathes to be true, To thend therefore that the said ^^Luke Ivory and the Debto[rs] and Confederates aforesaid when discov[er]ed may be made p[ar]ties to this bill and their names incerted therein with apt termes to charge them may upon their sev[er]all Corporall Oathes set forth and discover what mony he the said Ivory was indebted to the said Richard Mills either for wages or mony lent or what mony was left in the said Ivoryes hands by the said [erased] Richard Mills the intestate at any time or times whatsoever ^^{or otherwise and what became of the same or how & to whom & by whom & when disposed of} and what securities he ^^{the said Ivory} enetered into or engagement made for [erased] or gave ~ for paym[ent] thereof, and when and to whome and when due and what mony the said Ivory procured ^^of or knew the said Richard Mills in his life time lent to any other p[er]son or p[er]sons and to whom and what securities entred into or given in respect thereof when and to whome and when due, And alsoe what ready mony plate goods or p[er]sonall Estate the said Richard Mills dyed possessed of and how much thereof came or is or was in the Custodie or possession of the said Ivory and what is become of the same and in whose custodie the same or any p[ar]t thereof is in or came to or have bene in and what bonds bill obligac[i]ons specialties leases Mortgages Conveyances and writings manifesting the said p[er]sonall ^^Estate of the said Richard Mills came to the hands Custodie knowledge or possession of the said Ivory or any other p[er]son or p[er]sons to his knowledge privity or consent and true full and perfect Answeare make to all and every the p[ro]misses and your Orat[or] by the order and decree of this hon[ourable] Court [...] ^^therein according to Equitie and good conscience May it please your good Lordshippe (the p[ro]misses considered) to grant to yo[ur] Orat[or] his Ma[jesties] most gratious Writ or Writs of [Spa?] under ^^the Seale of this ho[noura]ble Court directed to th[e] said Luke Ivory and other th[e] said Confed[er]ates (whose names when discov[er]ed yo[ur] Orat[or] humbly prayeth may be made p[ar]ties to this bill w[i]^th apt terms to charge them therby comanding them & every of them at a certain day & under acertaine paine and penalty therein to be limitted p[er]sonally to be and appear before yo[ur] Lo[rdshi]pp in his Ma[jesties] high Court of Chancery then & there to answere all and singuler th[e] p[ro]misses & further to stand to and abide such order & decree therein as to yo[ur] lo[rdshi]pps shall seame meete and agreable to right equitie and good Conscience And your Orator shall pray &c [Allen] Proctor

Sources

1. ↑ C 5/524/77 Short title: Mills v Ivory. Plaintiffs: Richard Mills. Defendants: Luke Ivory. Subject: personal estate of Richard Mills, deceased, of Brentford, Middlesex. Document type: Bill, plea Date: 1668 Held by: The National Archives, Kew