Penning ALSTON [2675]

   Cause of his death was consumption.

  General Notes:

Penning Alston baptised Edwardstone 1606 s Edward
Ref Alstoniana Pg 353

Penning was born at Edwardstone, a minor on 21 May 1625. He was in trade, a member of the Grocers Company, and an Alderman of London 1664 and lived at St Botolphs without Aldersgate London.
As a member of the Grocers Company he was authorised to arrange the importation and sale of cargo's of spices, and other precious and exotic items from the East. The Grocers Co were responsible for the integrity and safety of their importations.
That Penning was a successful Grocer is revealed by his will dated 6 Mar 1667, his estate was worth approx £10,000, with extensive property holdings.
He generously gave "a standing cupp of the price of thirty pounds" to the Grocers' Coy, it was still in use c1899, avoided destruction in a disastrous fire in the late 20th C and is in use as a loving cup to this day - 2022
(See File picture and Other Records below)

ALSTON v. THROWER & others.
Chancery Proceedings before 1714. Bridges 436/11.
Bill 16 June 1666, by Penning Alston of Aldersgate Street, London, Esq., Thomas Browne of Eye, co. Norf., gent., Margaret Funston of Heigham, co. Suffolk, widow, and Elizabeth Cole of London, spinster, v. John Thrower and others.
Lease was originally made by John Thrower, father of the defendant, of certain land in Sudden, in the parish of
Eye, for 1000 years at a peppercorn rent, which lease Penning Alston acquired of lessee on 20 May 1658. Defendants
have brought forward claims on the said estate, and Alston begs they may be forced to display their titles etc.
Alstoniana Pg 178

ALSTON v. THROWER & others.
Chancery Proceedings before 1714, Bridges 415.
Another bill and answer respecting the land in Eye, between parties as before, viz. Penning Al&on and John Thrower &c.
Alstoniana Pg 179

ALSTON & others v. SEAMAN.
Answer 20 June 1666, of Nathaniel Seaman, clerk, one of the defendants to the complaint of Pennyng Alston, Esq., Thomas Browne and Margaret Funston, widow, and Elizabeth Cole, spr, re property mortgaged by one John Thrower.
Alstoniana Pg 178

YAXLEY v. ALSTON.
Bill, 9 May 1666, by Charles Yaxlee the younger of Yaxley, co. Suffolk, v Penninge Alston and John.Cullum.
About 13 Chas. II. complainant purchased certain land in Eye of one John Thrower; Thrower is since dead, and now one Penninge Alston, citizen and grocer of London, and John Cullum of Occolt, co. Suffolk, yeoman, confederate together to bring forward mortgages they allege they hold on the said land.
In his answer Penninge Alstone Esq. asserts that he lent Thrower L650 on the said land in 1658.
Bridges. 374. 1666,
Alstoniana Pg 204

Essex Record Office D/DQ 41/138
MISCELLANEOUS DEEDS AND MAPS OF ESSEX
Dates of Creation 1667-1753
Title [Deeds]
Scope and Content Deeds of farm called the Wickett, Wicketts or Wickhouse Farm 122 acres; wood called Archland or Archland Grove 4 acres, Frinton. The property is described as Frinton Wick alias Frinton Hall in deeds from 1738. Parties include: Henry Hecklefield,
Pening Alston, Edward Smith, Mary Hecklefield, John Lee, Robert Jones, Robert Capell, John Hecklefield, Elianor Hecklefield, Cornelius A Tilburg or Tilburgh, Cavendish Weedon, Charles Cox, John Tilburg, James Hinsum, David John Barbutt, Samuel Farrant, John Quallett, William Cox, Bethiah Barbutt, Elizabeth Cox, Michael Hills

Essex Record Office D/DL/T1/762
BARRETT LENNARD FAMILY OF AVELEY, KENT, SUSSEX, NORFOLK, CUMBERLAND, IRELAND
Dates of Creation 28 June 1642
Scope and Content Lease for 31 years at a pepper-corn rent. Rich. Blackmore of Childerditch, yeoman, to Roger Bird of Stanford-le-Hope, gent. Messuage etc. called Lentropps and 11 ac.land in Wennington in occupation of Roger Lawrence. This indenture shall be void if the said Rich.Blackmore shall pay to Penning Alston, citizen and grocer of London, the sum of L104 in fulfilment of a bond by which the said Roger Bird is bound with Rich.Blackmore dated 27 June 1642.

London Metropolitan Archives:
Delme-Radcliffe Collection
Catalogue Ref. ACC/0349
Creator(s):
Delme-Radcliffe family
Radcliffe, Delme-, family
FILE - Mortgage. - ref. ACC/0349/80 - date: 3 June, 1648
[from Scope and Content] Penington Alston, citizen and grocer and Judith his wife, eldest daughter and one of the Coheus of William Williams late of Tower Wharf, mariner, to Clement Farnham of Grays Inn, gentleman. Messuage which the grantors are to surrender i.e. in Barrowfield hitherto in occupation of Henry Moyzes and later to John Creamer and another close called Partridges and Peacocks devised to said Judith and to Ann her sister by will of their father.
FILE - Indenture of fine. - ref. ACC/0349/81 - date: Michaelmas 1648
[from Scope and Content] Clement Farnham, plaintiff and Penninge Alston and Judith his wife deforciants. Moiety of a messuage etc. in Edmonton.
FILE - Declaration of redemption of mortgage. - ref. ACC/0349/85 - date: No date 17th C. [?1652]
[from Scope and Content] Pening Alston citizen and grocer, Judith his wife to Clement Farnham of Grays Inn, gentleman. Recites deed dated 3 June 1648 concerning a moiety of a messuage etc. in Edmonton and land in Barrow Field some time in occupation of Henry Moyses and later of John Creamer; Partridges and Peacocks late of William Williams father of said Judith. See ACC/0349/80
Ref A2A

Exchequer: Treasury of Receipt: Modern Deeds, Series A E 44/477
Bond binding Peninge Alston of the parish of St Clement Eastcheap, [Middx], citizen and grocer of London, Edward Alston of the parish of St Mary at Hill, London, DM, and Joseph Alston of the parish of St Edmund the King in Lombard Street, in 3000, Date 15 Chas I July 15 Part in Latin
Source: The Catalogue of The National Archives

Richard Smith's Obituary.
1688. Ap. 27. M. Penning Alston in Aldersgate St buried in Aldersgate Church
Alstoniana Pg 302

  Research Notes:

Documents held in Alston Archive HA 541 Bury Record Office SFK

The compiler of this website is very grateful for the scholarship and skills of Catherine O'Sullivan an expert in early English and an experienced linguist, her transcriptions of the Alston family manuscripts below, help bring this genealogy "alive".
She notes in addition to helpful Footnotes : Some sections (often headings, cover pages, side notes) containing mostly Latin have been omitted.

Also for the assistance and support of Dr Helen Clifford Historian to the Grocers Company.
Dr Clifford has written an extensive history of this ancient organisation: From Grossers to Grocers - From Foundation to 1798.
<https://d2a38zxnev3iut.cloudfront.net/documents/160-8708-2021.01.27-book-purchase-form.pdf>

  Other Records

1. Penning Alston & Family: Boyd's Inhabitants of London.

2. The Alston Cup 1672: Gift to the Worshipful Company of Grocers Guild: City of London.
'Religious, Loyal, just and true: Was he that left this plate to you'.
Inscription on the Alston Cup, 1672

The Alston Cup
Silver-gilt, sponsor's mark indecipherable, London, 1672
Height 53 cm

Penynge Alston (1606-1668) came from a prosperous and successful family of Suffolk yeoman
farmers, who made their way to London in the early seventeenth century. One of six children of
Edward (d.1651) and Margaret (née Penynge) Alston, Penynge's brother Edward (1597-1669), later
Sir Edward, became an eminent physician. Joseph (after 1604-1688) the youngest child, became a
merchant businessman, and was made a baronet in 1681. Peynge's career also lay in the City, and
with the Grocers' Company. He was admitted to the Freedom in 1634, the Livery in 1646, the Court
in 1659 and elected Master in 1662. He was also an Alderman of London 1664. In 1638 he married
Judith Williams, and after her death Judith Chandler (d.1682) and they lived together at St Botolphs
without Aldersgate.

On 5th March 1667 Penynge made his will which reveals his extensive property in Suffolk and
London. The lease of his houses and tenements in Aldersgate Street, London , and the furniture of
his dwelling house, the plate, linen bedding, hangings and other household implements, and also
£100 were left to his wife Judith. He made provision for mourning rings: 'For two hundred rings or
so many of them as shall be used all of them at the price of 8/- except three at 20/- upon which my
coat of arms is to be enamelled, the said three rings to be for my brothers Sir Edward Alston and
Joseph Alston and my sister Mrs. Elizabeth Gilbert'. He asked 'to be buried in the parish Church of
St. Buttoph without Aldersgate as near my Pew Door as may be' and that 'there may be a Velvet
Pall and escutcheons of my arms'.

To the Grocers Company London of which I am a member one standing Cup of silver and gilt plate
of the price of £30, my trustees to buy the same. My Coat of Arms to be engraven thereon with this
inscription 'Ex dono Penning Alston Arm'.
In a codicil made few days later, he noted: 'Besides the cup given to the Grocer's Company, I
bequeath to said Company £100 for the augmentation of their public stock, to be paid to them out of
the proceeds of the sale of my lands in Suffolk '.
He died on 14th May 1668. Why then did it take five years for the Grocers to receive the promised
plate and legacy? On turning to the Court Minutes of 15th January 1673, we find that Mr Chandler,
one of Penynge's executors, and his brother-in-law, came to offer £80 and explained that 'upon a
full discharge relating to the losses and imbezilments in the Estate by falling into some unfaithful
hands And the trouble and charge he has been att for preserving something to the Legatees case
intended and like to be himself a great sufferer'. The sale of the Knetshall estate [in Suffolk], the
proceeds of which were intended to meet the debts and legacies fell 'farr short of what is charged
upon the same' and offered to show the Court proof. Chandler returned to the Company on 6th
August to deliver the 'peece of plate of Mr Alstons guilt of full value', and a receipt for £55.
Clearly weary of the whole process, Chandler asked if 'a Counsell might be appointed to declare in
the Chancery Court … that the Companye and he had made an end and satisfaction'. The cup that
was made seems to have met Penynge Alston's wishes to the full, being silver-gilt, and the required
inscription and the donor's arms and that of the Company.

Auricular ornament demanded a skilled chaser and this showy style has always been admired by
discerning clients, as the play of candlelight across the curves is delightful. Although simpler
French-inspired ornament was arriving in the 1670s, it was still fashionable and even some of the
plate given away by Charles II as New Year gifts was in this style.. The receipt for £55 which Mr
Chandler gave to the Company does not survive, and the sponsor's mark on the cup is obscured, so
it is difficult to ascribe the work to a specific maker or retailer. As will be seen below the Alston
Cup was made to match an earlier one of 1670 in memory of John Sanders, re-made in 1764.

When specimens of silver were being chosen to copy by electrotyping in the 1870s and 1880s, part
of a campaign to disseminate good design from the past, the Alston Cup was selected in 1879 as one
of the exemplars for reproduction. However when the organisers came to write the caption to the
cup in the accompanying publication, it was mis-ascribed to the donor 'John Sanders, Esq'. The
South Kensington Museum (now the Victoria and Albert Museum) bought one of these electrotype
copies for £25, and it is currently on display.
The Sanders Cup
Silver-gilt, William Grundy, London, 1764
Height 52 cm

History of the Alston Cup and image - Courtesy of the Worshipful Company of Grocers, London.

The Grocers Company advise the Alston Cup is used to this day (2022) as a loving cup passed round at banquets for each guest to drink from in turn.

The Grocers Company was founded in the fourteenth century as the Guild of Pepperers, which dates from 1180. The Company was responsible for maintaining standards for the purity of spices and for the setting of certain weights and measures. Its members included London's pharmacists, who separated into the Worshipful Society of Apothecaries in 1617.

The guild was known as the Company of Grossers from 1373 until 1376 when it was renamed the Company of Grocers of London. The name Grocer probably derives from the Latin, grossarius, one who buys and sells in the gross, in other words, a wholesale merchant in spices and foreign produce.
In 1428, two years after founding its first hall in Old Jewry, the Company was granted a Royal Charter by King Henry VI. It is one of the Great Twelve City Livery Companies, ranking second in the Companies order of precedence after the Mercers' Company. It is said that the Grocers' Company used to be first in the order, until Queen Elizabeth I, as Honorary Master of the Mercer's Company, found herself in procession, after her coronation, behind the Grocers' camel which was emitting unfortunate smells. As a result, the Mercers were promoted.
The crest and decorations of the Grocers and their Hall feature the camel which provided the transportation of the spices and precious goods imported from the East, and the clove, representing the produce.

Today, the Grocers' Company exists as a charitable, constitutional and ceremonial institution which plays a significant role in the election of the Lord Mayor and the Sheriffs of the City of London. The Company's motto is "God Grant Grace". The Company also maintains banquet and conference facilities at Grocers' Hall in Prince's Street, next to the Bank of England.
Ref: https://grocershall.co.uk/the-company/history/

3. Penning Alston: His Will, 5 Mar 1666/67.
The Administration of Penning's Will fell into disarray when William Cole, one of the Trustees charged with carrying out Penning's will, was found to be fraudulently misappropriating assets of the Estate.
Coupled with this was a jactitation, a false claim made that Sarah Alston, daughter of Penning Alston was bound by a contract of marriage to a Mr Edward Skinner much disliked by her father the testator.
This resulted in years of litigation to obtain some financial redress for the beneficiaries, and Sarah's freedom from the jactitation.

A Who's who by Catherine O'Sullivan in the matter of the litigation of Penning's Will.
Penning Alston - the testator
William Cole, Joseph Alston (Penning's brother), Richard Chandler \endash the defendants, and trustees of
Penning's will
Edmond Harrington and Sarah Harrington Penning's daughter \endash the plainants
Judith Alston \endash Sarah's mother (Penning's wife)
Sir Edward Alston \endash Penning's brother, Sarah's uncle
Edward Skinner \endash the man to whom Sarah was falsely accused (by Cole) of being married
Peter Markes \endash deponent - attorney for the disposal of Knettishall manor and lands
Mr. Tho. Browne at Eye \endash a man to whom Cole sold a piece of Penning's land without consent from
the other trustees
Paul Tracy \endash an employee of Cole

THE WILL OF PENNING ALSTON Esq., of St Botolphs Aldersgate.
Dated 5th March 1667.
I give to my nephew Mr Joseph Alston the younger his heirs and assigns the reversion upon the death of Mrs Whittingham of my messuage called Weston Grange, co. Suffolk.
I give in trust (to pay debts funeral charges and legacies) to my brother Sir Edward Alston of London, Knight, Doctor in Physic, Richard Chandler of London, gent, my brother Joseph Alston of London, merchant and William Cole of Gray's Inn Esq., my Manor or Lordship of Knettishall Stanton, Salehouse and Hopton co. Suffolk the rest of my lands and tenements in the parish of Aye co. Suffolk and any other lands in Suffolk these lands to be put up for sale within a year of my death and the proceeds to be applied as directed.
The lease of my houses and tenements in Aldersgate Street, London, the furniture of my dwelling house, the plate, linen bedding, hangings and other household implements, also L100 in money to my wife Judith.
I give to my niece the Lady Sarah Seymour L100 for her own use.
To my daughter Sarah L30 To my niece Mrs Elizabeth Finney L50
To my cousin Mr Abraham Alston L100
To my cousin Mistress Rachel Skinner L100
To my cousin Mistress Deborah Crewes L80
To Mistress Mary Page of the parish of Newington co. Middlesex widow L10
To George Almery of the Inner Temple London gent. L20 if he pay me the debt of L150 now owing
To Mr William Farre of the parish of St Andrew's Holborn L5
To my two maid servants 40/- each
To the Hospital of Christchurch London L50
To the poor of the parish of St. Buttolph without Aldersgate L5
To the poor of the parish of Edwardstone, Suffolk where I was born L5
To the Grocers Company London of which I am a member one standing Cup of silver and gilt plate of the price of L30, my trustees to buy the same. My Coat of Arms to be engraven thereon with this inscription "Ex dono Penning Alston Arm".
My trustees to receive my Corn money which I paid to the said Company with the interest therof, the same to be distributed amongst the poor Alms-men of Grocers Hall London.
To the following persons for mourning
To my brother Sir Edward Alston and his lady L10each
To my brother Mr Joseph Alston and his wife L10 each
To my sister Mrs. Elizabeth Gilbert and her daughter my niece L10 each
To my nephew Mr Joseph Alston the younger and to his wife L10 each
To the Hon. the Lady Seymour and to her husband L10 each
To my daughter Sarah such mouring as the said Sir Edward Alston and her mother shall think fit
To my brother Mr Richard Chandler and his wife L10 each
To my brother Johnson L10
To William Cole L10
To Doctor Wells for preaching my funeral sermon L3
For two hundred rings or so many of them as shall be used all of them at the price of 8/- except three at 20/- upon which my coat of arms is to be enamelled, the said three rings to be for my brothers Sir Edward Alston and Joseph Alston and my sister Mrs. Elizabeth Gilbert.
My funeral to take place from Cook's Hall.
I desire to be buried in the parish Church of St. Buttoph without Aldersgate as near my Pew Door as may be.
I desire that there may be a Velvet Pall and escutcheons of my arms.
I desire Mr Cole, my brother Chandler, my brother Johnson, Mr Farre, Mr John Mynne and Mr John Townsend to be pall bearers and to have Love scarves and gloves.
The manor of Ewden 'als' Greenland parish of Hambledon in the co. of Bucks, with woods and grounds of about 430 acres for which I am to pay L7000, I leave in trust to Sir Edward Alston, Joseph Alston's will. Cole and Richard Chandler to be applied to the purposes hereafter named - the premises are to be let for their uttermost yearly value and out of the proceeds my daughter Sarah is to reveive L80 annually for her own separate use - Edward Skynner of London merchant who makes some pretence of contract or marriage with my said daughter shall not intermeddle with said annuity.
To my wife Judith L200 annually in lieu of Dower or her thirds.
The residue (if any) of the rents arising from said manor to be employed in paying my debts ( if any) or put out at interest by my said trustees for performing the trusts hereby imposed on them - the bequest to my daughter Sarah to be void if she is or shall be married to said Edward Skynner, or if she allow him to receive any benefit from said annuity, or if she marry without the consent of her mother and Sir Edward Alston - should the said Edward Skynner died and my daughter Sarah remain unmarried or marry with the consent of her mother and Sir Edward Alston, then the said manor of Greenlands is to be sold and the sum of L4000 to be given to my daughter Sarah as her portion - the residue of the money arising from such sale to be laid out for the best advantage of my wife Judith, during her lifetime - at her death the further sum of L200 to be paid by my trustees to my daughter Sarah of her child or children, provided she married with the consent above mentioned.
Should Sarah die without issue, I give to my niece the Lady Sarah Seymour L2000 for her own separate use, her husband Lord John Seymour not to intermeddle.
To my niece Mrs. Elizabeth Fynny L1000
To my cousin Abraham Alston L500
To my cousin Mrs Rachel Skinner and her 3 daughters L500 to be equally divided between them
To my cousin Deborah Crewes L200
To Christ's Hospital London L500
To St. Bartholomew's Hospital London L200
Such there be any residue after paying above legacies the same shall be paid to such poor widows and fatherless children as my trustees shall think fit, my poor kindred to be first preferred.
I give to my trustees my goods, chattels, mortgages, debts, Worme (sic) seeds &c towards the payment of my debts and legacies, they to have free egress and ingress to my house in Aldersgate Street, for the space of three months.
I also appoint my trustees, executors of this my will - I give to my executors L20 annually, during the continuance of their trust.
Signed: Penning Alston
Witnesses: G. Almery, Francis Bull, Thomas Fox, Peter Cox.

CODICIL dated 31st March 1668
Besides the cup given to the Grocer's Company, I bequeath to said Company L100 for the augmentation of their public stock, to be paid to them out of the proceeds of the sale of my lands in Suffolk.
I revoke the bequest of L80 annually to my daughter Sarah on her marriage with any man other that the said Edward Skinner
My trustees to pay all taxes for the house in Aldersgate Street which I have left to my wife Judith I remit any interest due to me from Mr. George Almery on a loan of L120, as a return for his care in my affairs during my sickness.
Signed: Penning Alston.
Witnesses: James Pearson, Peter Cox, Thomas Wellings.

I also give to my daughter Sarah L20 more annually, so long as she continues unmarried, or on the same conditions as the L80 is devised to her by my will and this codicil.
Signed: Penning Alston.
Witnesses: Elizabeth Gilbert, Mary Alexander, G. Almery.

I further give to Deborah Crewes L20 which with the former legacy of L80 will L100
Also to my niece Mrs. Elizabeth Finney another L50
Signed: Penning Alston. 4th April 1668.
Witnesses G. Almery, Peter Cox, Thomas Wellings.

I desire that the legacies to my wife may be made up of L200
Signed: Penning Alston.
Witnesses: G. Almery. Elizabeth Gilbert.

I desire that the L100 left to my cousin Rachel Skinner shall remain in the hands of my brothers Sir Edward and Joseph Alston Esq. - she to receive the interest and the principal at her death to be divided between her surviving daughters or daughter.
Signed: Penning Alston. April 9th 1668.
Witnesses: Elizabeth Gilbert, Mary Alexander.
Proved: 14th May 1668 by Sir Edward Alston, Joseph Alston, William Cole and Richard Chandler executors named in will.
Ref. Hene 58.
Alstoniana Pg 115

4. Will of Penning Alston: Account of Moneys for Sarah Harrington daughter of Penning, 1669.
Alston Archive Bury HA 541 2584/10
Account of monies laid out for Mrs Sarah Harrington (daughter of Penning Alston) in 1669, total £151 18 0.
Allowed and subscribed by Sir Edward Alston, and executor of the Will of Penning Alston.
One sheet of paper, torn, needs repair; apparently originally "No 1" and outer sheet of bundle 2584/11.

5. Estate of Penning Alston: Affidavits in Harrington v Alston, 1670-1672.
Copies of Affidavits taken from Richard Chandler, Peter Markes, Aaron Smith, gent., and Jonathan Smith, gent., in Harrington v. Alston.
Alston Archive Bury HA 541 2584/25.
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ

Copy of an affidavits
Peter Markes
Harrington vs. Cole

p.1
Peter Markes gentleman maketh oath that, about Midsummer
last was twelve month, he this deponent being in company
with Mr. Tho. Browne at Eye in the county of Suffolk, he
did acquaint this deponent that there had been some
treaty or agreement between him and the defendant William Cole
touching the purchase of a parcel of meadow late
the estate of Penning Alston and that the purchase
money agreed to be paid was 100 Li and that he was
constrained to give to one Paul Tracy a person
employed by the defendant Cole a note under his hand
to pay him five pound for procuring the said agreement
and this deponent further sayeth that the said master
Browne did desire this deponent upon his return to London to press the
defendant Cole to perfect the conveyances and assurances
which were to be made touching the said purchase
and also to see if he could prevail with the other trustees to
join with the said Cole in the said sale and this deponent
sayeth that accordingly he did acquaint the said defendant
Cole and the other trustees with the desire of the said Mr.
Browne on that behalf but the defendants Joseph Alston and
Richard Chandler trustees together with the
said defendant Cole declared to this deponent that they
would not consent to the said sale but the defendant
Cole nevertheless delivered to this deponent a draft
of the said intended conveyances and desired this
deponent to deliver the same to Browne to the intent he
might peruse the same which this deponent did
accordingly about Michaelmas last was twelve month
and this deponent sayeth that by the
best information he could have in the country the
lands so to be conveyed were worth at least 7 Li per
annum to be let and further the said Browne did
acquaint this deponent that by the said agreement
he was to have for the consideration of the said 100 Li
assigned over to him a
mortgage which the said Penning Alston had from
one ¹Thrower of Eye aforesaid for the securing of a debt of 600 Li

p.2
Peter Markes gentleman maketh oath that, about Midsummer last was
twelve month, he this deponent being in company with Mr.
Tho. Browne at Eye in the county of Suffolk, he did acquaint this
deponent that there had been some treaty or agreement between
him and the defendant William Cole touching the purchase of a parcel
of meadow late the Estate of Penning Alston and that the
purchase money agreed to be paid was a hundred pounds
and that he was constrained to give to one Paul Tracy
a person employed by the defendant Cole a note under his
hand to pay him five pounds for procuring the said
agreement and this deponent further sayeth that the said Mr. Browne
did desire this deponent upon his return to London
to press the defendant Cole to perfect the conveyances and
assurances which were to be made touching the said purchase
and also to see if he could procure with the other trustees
to join with the said Cole in the said sale and this deponent sayeth
and accordingly he did acquaint the said defendant Cole and the other
trustees with the desire of the said Mr. Browne on that behalf
but the defendant Joseph Alston Ric. Chandler trustees
together with the said defendant Cole declare to this deponent
that they would not consent to the said sale but the defendant Cole
nevertheless delivered to this deponent a draft of the
said intended conveyance and desired this deponent to deliver
the same to Browne to the intent he might peruse the same
which this deponent did accordingly about Michaelmas last
was twelve month and this deponent sayeth that by the best information
he could have in the country the lands so to be conveyed
were worth at least 7 Li per annum to be let and further
the said Browne did acquaint this deponent that by the said agreement
he was to have for the consideration of the said hundred
pounds assigned over to him a mortgage which the said
Penning Alston had from one Thrower of Eye afore-
-said for the security of a debt of 600 Li lent the said Thrower
by the said Penning Alston and also a bond of 1200 Li penalty by
which the said Thrower and his sons were bound for payment of the
said money and the said Browne did further inform this
deponent that although part of the said mortgaged lands were
evicted for the said Penning Alston by a prior title yet he
understood the son had as estate out of which he had some
hopes to recover the debt due on the said bond or some
part of it and the said Browne did further inform this
deponent that it did cost him 10 Li which he paid to Mr. Cole
for writings and otherwise over and above the said hundred
pounds.

p.3
Alder Chandler information against Cole.
That Cole hath kept money for a parcel of wood
he sold at Henly and hath not accounted for it
about sixty and odd pound
that he kept money of Mr. Snow and other persons that he hath
not accounted for in the amounting to the sum
of (no sum recorded).
That he sold a parcel of land the 5th day of April 1670
to one Mr. Browne of Eye called ²[…]
writings for one hundred pound and sealed conveyances
without the consent of the other executors and an information
by Mr. Murfey Mr. Browne's attorney that he was fair over
and above the 100 Li to pay him and his agent Tracy about
9 Li 10 s.

That I was informed by Mr. Pett., Thomas ³Satifatt
Goodman Breame, John Calton and several other
inhabitants about Knettingshall that pry the harsh and
cruel dealing of Mr. Cole and his agent Tracy
who first imprisoned the late tenant there upon which
was paid all the rent in arrears to that time and
four pound ⁴overplus to Tracy the said tenant
complaining that he could not hold on that term
of rent but that would depart the farm or manage
it for their use the best he could and wrote a letter
to Mr. Cole to that purpose: the said Cole returned an
answer that he should hold the land or imprison him.

p. 4
The defendant Richard Chaundler maketh oath that on the 12th
day of April instant he this deponent saw the defendant Cole in
Catteaton Street near the Guildhall in London.
Rich. Chandler. 22nd April 1672

Peter Marks gentleman maketh oath that in the week now last
past he met the above named defendant Cole in Holborne near Thaves Inn.
P. Markes. 22nd April 1672

Aaron Smith gentleman maketh oath that since the 29th day
of February last he saw the above said defendant Cole in
Chancery Lane near the Rolls Gate.
Aaron Smith. 22nd April 1672

p.5
Peter Markes gentleman maketh oath that
on this day being the 22nd day of May
he delivered a writ of habeas corpus
directed to the Marshal of the King's Bench
prison to Mr. Will. Turner at the office
of the papers in Southwark who
to this deponent he was clerk to the
said office under Mr. Wigg who as
this deponent is informed is clerk
of the papers to the said prison
the purport of which writ was that
the said marshal should bring up
the body of the defendant Cole at the
suit of the petitioners to the bar of this
court tomorrow being the first
general seal for this term.

Notes:
1. Thrower of Eye - I'm assuming this is John Thrower, as mentioned on The King's Candlesticks
webpage, not to be confused with Tho. (Thomas) Browne of Eye
(http://www.thekingscandlesticks.com/webs/pedigrees/2675.html)
2. […] - there is a small superscript line here that is difficult to read due to shadow on the e-copy
3. Satifatt - seems an unusual name?
4. overplus \endash meaning 'surplus' (merriam-webster.com). Appears as 'over plush' in the manuscript.

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

6. Estate of Penning Alston: Disposal of Penning Alston's Estate Knettishall Manor, Abt 1670.
i) Richard Chandler of City of London.
ii) Peter Markes, of London, Gent.
Draft Letters of Credit to Peter Markes as attorney for the disposal Knettishall manor and lands, etc; endorsed are instructions to Peter Markes for the management of said property.
Alston Archive Bury HA 541 2584/12
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ

p.1
To all whom these present may concern, Richard
Chandler of the city of London Esquire sendeth
greeting, know ye that I the said R. Chandler,
in pursuance of the trust reposed in me
together with others by Penning Alston late of the city
of London Esquire deceased, as one of the executors
of his last will and testament and trustees of his
estate have hereby empowered and authorised
my good friend Mr. Peter Markes of London Gentleman
to order and dispose of all things touching the
manor of Knettishall the lands and premises
thereunto belonging in the county of Suffolk late
the estate of the said Penning Alston and to treat,
act, and do therein as by instructions
under my hand bearing date with these present
is directed desiring all persons who may
be therein concerned to give him full
credit accordingly in testimony whereof
I do set to my hand and seal this day
of, etc.
W. Harrington's
inditing for Alder
Chandler to sign
about Knettingshall

p.2
To Mr. Peter Markes
Instructions and directions for his acting
in and managing the affairs in the manor of
Knetingshall in the county of Suffolk
as followeth:
You are to go down there with what
convenient speed may be and there
to ¹vey and inquire into the present state of
the said manor and premises.
2^nd you are to let and set such houses as stand empty
and such land as you shall think convenient
at the most can be got for the sum for one
year.
3^rd you are to bargain for the ploughing of such
parcels of the said lands as you shall think fit
by halves or otherwise as you shall see cause.
4^th
you are to take order for necessary repairs
of the houses, hedges, mounds, and fences
belonging to the premises or any part
thereof.
5^th you are to sell the hay lately gathered out
of some part of the premises
with other things you see necessary for the improvement
of the estate you shall also take order therein.

Notes:
1. vey \endash I'm assuming this means 'survey' or 'view'

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

7. Estate of Penning Alston: Lease Manor of Knettishall, 23 Sep 1670.
i) Joseph Alston and Richard Chandler of the City of London, Esqs., executors and trustees of Will of Penning Alston.
ii) Peter Markes of City of London, Gent.
Letters of Attorney to Peter Markes to lease the manor and manor house of Knettishall, with appurtances, for the term of 1½ years.
Alston Archive Bury HA 541 2584/13
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ

To all whom these present shall come Joseph Alston and Richard Chandler
of the city of London Esquires executors and trustees of the last will and testament
of Penning Alston late of London Esquire send greeting, know ye that,
we the said Joseph Alston and Richard Chandler, reposing great trust
and confidence in our good friend Peter Markes of the city of London aforesaid
Gentleman, have nominated and appointed and by these present, we the said
Joseph Alston and Richard Chandler do constitute, nominate, and appoint
the said Peter Markes our true and lawful attorney, for us and in our
names and stead and for our use to let, set, and dispose of the manor and
manor house of Knettingshall with the land, tenements, and hereditaments and
the profits thereof arising and growing in the county of
Suffolk or elsewhere either by the whole or by particular parcels
to one or more fit persons to the best advantage that he can make
by any bargain that shall be made with any person or persons and
in such manner as to him the said Peter Markes in his discretion
shall seem ¹meet provided always and it is hereby intended that
he the said Peter Markes shall not dispose of the premises or any part
thereof or any profits thence issuing and growing for any longer
time or term than for the term of one whole year and a half
to commence from the feast of Saint Michael the Archangel next
ensuing the date of these present and so as the said Peter Markes shall
not by virtue of these present grant liberty to any person or persons to
²ear, dig, or convert into tillage any ancient pasture, meadow, or
other grounds which do not at this present lie in tillage or were not
used in tillage within the space of two years before the date hereof
and we the said Joseph Alston and Richard Chandler do also give
and grant full power and authority to our said attorney Peter
Markes to ask, demand, and receive all profits, rents, and arrears
of rents that are now due upon the premises or any part thereof
and to give aquittances and discharges for the same and what our
said attorney shall lawfully do in pursuance of the authority to
him hereby committed, we shall always justify by those present
and in testimony thereof have set to our hands and seal this
three and twentieth day of September in the year of our Lord
1670
Signed, sealed, and delivered in presence of:
John Chandler
1670
Jacob Gregorie
Rich. Chandler

Notes:
1. meet - suitably, rightly, properly
2. eare \endash may mean to plant grain? (the 'ear' being the grain bearing part of a plant) (Shakespeare:
Richard II: "to ear the land that hath some hope to grow" -
http://shakespeare.mit.edu/richardii/richardii.3.2.html)

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

8. Estate of Penning Alston: Letter re William Cole's dishonesty, 26 Sep 1670, Concerning management of Manor of Knettishall.
Copy of letter of Peter Markes to Dr Harrington, re meetings with Wm Cole, (a trustee under the Will of Penning Alston), and his agent, Mr Tracy, and Markes suspicion re dishonest management of the Knettishall manor estate.
Alston Archive Bury HA 541 2584/14
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ

Copy letter of Markes
To Dr. Harrington
26th September 1670
It was the pleasure of your and my friend ¹Alder Chandler that I should
acquaint you with the obstructions I met with all in your business
which I intended verbally but could not meet with you and am now
waiting on the Alder to the country in brief thus it was:
the day I was with you the Alder signed a letter of attorney and
instructions to me and sent a letter by me to Mr. Alston to
do the like which I delivered at Chelsey
in London and met with Mr. Tracy, who gave me this answer
that he would do nothing till all three met, and that Mr. Tracy
had the same day come with him, etc., upon which I desired
his time to meet the Alder which he said should be at 1 o'clock
a Saturday the which I acquainted the Alder, and they accordingly
met and Mr. Tracy came there and desired that he might him
order to proceed as to the management of the estate which I
perceived Mr. Alston not unwilling to give for that he is his
cousin, etc., but Alder Chandler by the discourse he had with Mr.
Tracy found just reason to suspect his civility as to
the management of that affair for that he really thinks a
combination between him and Mr. Cole by reason of
his exceeding shyness in discovering anything he hath
done for the good of the estate and will by no means
hear of sending down any to know how the estate of
affairs lies which he said ismuch in debt to him for tillage and other charges
but gives no particular account of anything ²[…] they had much
discourse and the Alder very freely told him his mind: when
he suspected his honesty: but in the conclusion, they resolved
to meet Mr. Cole on Friday o'clock next which will be
at the Alderman's return upon parting I suspected that
Mr. Cole and this Gent might judge and therefore according
to my order went to acquaint Mr. Cole with the message
from Roach: and according to my expectation from Mr.
Tracy there before me you may guess it to think by
that I do suppose their intention is to keep you in
ignorance and suspense both as to the bettering the estate
or fitting it for sale: or that by your sending one down
there may be a discovery of foul play : now I think any
man that is honest will not be against that which is desired
which is a rental of the estate, the situation, accommodation,
conveniences, and inconveniences and the making
of present profit of it may be. I only gave you this short
intonation (which pray conceal to yourselves) and make
use of it to be prepared against we come to town.

Notes:
1. Alder - short for 'Alderman'
2. […] - some very small superscript I'm unable to decipher

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

9. Estate of Penning Alston: Petition in suit Judith Alston v Wm Cole et. al, Cir Dec 1670.
Copy of Petition of complainant in Chancery suit of Judith Alston v. Wm Cole et al., with endorsed Memorandum that the petitioner has been advised to give notice of a motion in court
Alston Archive Bury HA 541 2584/29
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ

The humble petition of
Judith Alston
against Cole, a prisoner
in the King's Bench

p.1
This petition was read to my Lord keeper who
said it was fit for a motion in court and not
for an order upon a private petition and therefore
advised the petitioner to give notice of a
motion to the other side, his Lordship seemed
to affect the ill management of the trust by
Cole in case the truth be that the petitioner wants
so much of her jointure.
Jo Rushworth

p.2
To the Right Honorable Sir Orlando Bridgman Lord Keeper of
the Great Seal of England
The humble petition of Judith Alston
Relect of Penning Alston deceased.
Humbly sheweth to Your Honour that about April ¹166[?] your petitioner's husband
made his will and left to your petitioner 200 Li legacy and 200 Li per annum
for dowry and soon after died and your petitioner hath due to
her this month of Dec. above 700 Li. and hath not received 160 Li
and all by the means of one William Cole one of the trustees of
the said will who hath received great sums of money
and not given account of and assess all means to keep
the said monies, being a prisoner in the king's bench, and
also to get what more he can of the said estate.
Your humble petitioner craves that the said
Will. Cole may be compelled to give
a just account of all monies that he
hath received by the trust of your petitioner's said
husband and that your Honour order he
may not farther receive or meet
with the said estate, but satisfy your
petitioner's due and to put the rest of the
estate to be managed by Joseph
Alston and Richard Chandler the
other trustees.
And your petitioner shall pray.

Notes:
1. 166? \endash I'm not able to decipher the last digit in this date. It could be a zero, but I have no other
digit forms to compare it with

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

10. Estate of Penning Alston: Penning's Will disputed: Bury R/O 2584/15 01, 3 Dec 1670.
Brief for complainants counsel in suit of Edmond Harrington and Sarah his wife (daughter and heir of Penning Alston, Wm Harrington, Dr in Law and John Thompson, Esq.,) v. Joseph Alston, Richard Chandler and William Cole, (Esquires, executors of said Penning Alston, the Honourable Sir Harbottle Grimstone, Bart., Master of the Rolls, and George Low, Esq., Executors of Sir Edward Alston, Knt., another of the executors of Penning, and Judith Alston, widow of Penning Alston) for a hearing of 15 December.
(One sheet of paper, torn; needs repair).
Alston Archive Bury HA 541 2584/15
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ

p. 1.
Note: This whole page has not been transcribed due to the significant damage on the page as well
as very small font and poor quality of the copy. However, the content appears to be largely a repeat
of p. 2

p. 2
Cole hath wasted the estate and employs the monies to his own use without paying the widow her
200 Li per annum
or the daughter's maintenance or portion: the widow having received only a 160 Li since her
husband's death so
that 700 Li is due and in arrears to her of her 200 Li per annum and the daughter petitioner in the
other cause but a 100 Li for
for her maintenance and her portion nor like to be paid if the said Cole, a prisoner now in the King's
bench, have the disposing of the estate and will by this means make the estate so much ¹debter to
the widow that
no maintenance will be left for her daughter the petitioner's wife the widow being first to be
satisfied

p. 3
Bill:
The bill is to have an account from the defendants of the estate late of Penning Alston with which
the defendants
stand entrusted and to discover the writings and evidences in their hands concerning
the said estate and that the lands may be sold for payment of debts and legacies according to
the last will of the said Penning Alston and sets forth that the said Penning Alston by his will
doth ²desire amongst other things, that if the complainant Sarah legally free herself
from a pretense of marriage or contract of marriage with Mr. Skinner and should be
married to another person with the consent of Sir Edward Alston her uncle and Judith
Alston her mother, that in such case certain lands should be sold and the said trustees
pay to the said Sarah for her marriage portion 1000 Li in a short time after the
marriage and 2000 Li more in full of her said marriage portion in case she should survive
her mother.
That the said Sarah was accordingly legally freed from the said ³jactitation and pretense of
marriage or contract with the said Skinner by definitive sentence of the Court of Arches
that had proper cognizance of the cause and afterwards married to the complainant Edmond
Harrington with the consent of the said Sr. Edward Alston and Judith her mother and therefore
prays that the land may be sold and portion paid.

Answer:
The defendants Joseph Alston and Richard Chandler two of the surviving trustees and executors
may answer, confess the trust and the several matters suggested in the bill, and declare
themselves ready to perform the trust as the court shall direct.
The defendant William Cole confesses the trust and the sentence of the Court of Arches and yet
sets forth several reports concerning the marriage of the complainant Sarah with the said Edward
Skinner, and putting the same in issue would have the same again examined by this
court.
Vide notes:
Vide affidavit:
The complainants object to the said defendant's answer for scandal which was so reported by the
masterout the master's report upon exceptions put in thereunto was ⁴overterved by the court then
His Lordship declared that the defendant ought not to examine to the matter of the said pretended
marriage with Skinner the complainant being legally and judicially freed from the said scandal
by sentence of the court but that declaration of the court though contained in the notes
being omitted by the registrar in drawing of the said order the defendant gives out that he
will examine to the matter of the said marriage.
The complainants also by order put in exceptions to the said answer for insufficiency the defendant
not having set forth what deeds and writings he hath in his possession nor given a
full answer to the matter of account touching what he hath received of the testator's estate.
The said defendant Cole being prisoner upon execution for a great debt by his agents sells
part of the lands and receives the money and gets other monies in to his hands and
in the meantime driving away the tenants suffers a considerable part of the
estate to lie waste and pays none of the monies in his hands to the uses directed by the
will and in the meantime obstructs the two other trustees who are responsible
persons and willing to improve the estate to the best advantage in performance of
the trust so as the debts cannot be paid and the widow and her daughter
provided for as by the will is directed.
More:
1. That the exceptions to Cole's answer may be referred to a master: the time for mending
his answer being long past.
2. That the order made upon the hearing of the matter of scandal may be mended
according to the registrar's notes, that is, that the declaration of the court that the defendant
Cole shall not examine to the matter of the marriage may be inserted.
3. That the defendant Joseph Alston and Richard Chandler may be quieted in management of
of the estate and disposing of the profits according to the trust and be aided by
order of the court against the interruption of the defendant Cole and his agents.

p. 4
Judith Alston the widow hath also exhibited her bill against the said defendants which cause
is to wait upon the other only whereas Harrington prays that the land may be
sold and his wife's portion paid according to the trust the widow that so much
of the money raised by the profits and sale of the said lands, may be secured so
as to bring her in 200 Li per annum for her life according to her husband Penning
Alston's will 2000 Li of the said monies being to be paid to Sarah her daughter
complainant in the other cause after the mother's decease to make up her portion in
all 6000 Li.
Cole hath wasted the estate and employs the monies to his own use
without paying the widow her 200 Li per annum, the daughter's maintenance or
portion, the widow having received only 100 Li since her husband's death so that
700 Li is due and in arrears to her of her 200 Li per annum and the daughter petitioner
in the other cause but 100 Li for her maintenance and her portion not like
to be paid if the said Cole, a prisoner now in the king's bench, have the disposing of
the estate and will by this means make the estate so much ¹debter to the widow
that no maintenance will be left for her daughter the plainant's wife the
widow being to be satisfied first.
Notes:
1. debter \endash I'm assuming this means 'more in debt'
2. desire \endash I'm not able to decipher the exact word as it has been crossed out and rewritten in very
small superscript, but 'desire' appears to be the original word
3. jactitation \endash 17th Cen., "a false claim or assertion being publicly thrown about to the detriment of
another person. Run-of-the-mill slander and false claims of being married to someone were two
common types of jactitation brought to court." (https://www.merriamwebster.com/dictionary/jactitation)
4. overterved \endash means 'overturned' (https://en.wiktionary.org/wiki/terve#English)

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

11. Estate of Penning Alston: Committal of William Cole to prison, 5 Dec 1670, Concerning dishonest management of the Manor of Knettishall.
Certificate, of the Marshall of the King's Bench, of the committal to prison of Wm Cole on 12 October 1670.
Alston Archive Bury HA 541 2584/17
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.

I do hereby certify that Mr. Cole Esquire was committed a
prisoner to me in execution upon the 12th day of October last past
and that he is not yet discharged given under my hand this
5th day of December 1670.
Stephan Mosdell Marshall of the King's Bench.

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

12. Estate of Penning Alston: Decree restraining William Cole, 15 Dec 1670, Concerning Manor of Knettishall.
Copy of Chancery Decree, in Harrington v. Alston, restraining Wm Cole from receiving profits from, or interfering in the management of, the estate of Penning Alston.
Alston Archive Bury HA 541 2584/18
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.

A copy of the
decretal order between
Harrington and
Cole.

p.1
Upon opening of the matter this present day
unto this court by Mr. Sergeant Maynard and
Mr. Attorney general and others of council
with the plainants in the presence of Mr. Sergeant
Ellis and Mr. Roe of council with the defendant
William Cole and Mr. Webb of council
for the defendants Alston and Chandler it was
alleged by the plainant's council that the
complainants had exhibited this bill into this
court to have an account of the estate of
Penning Alston father of the complainant Sarah
and to compel the defendants trustees of the
said Penning Alston to sell the lands for
payment of debts and raising the management
portion of the said Sarah according to the
will and testament of the said Penning Alston
and according to an agreement made upon
the marriage of the said Sarah with the complainant

p.2
Edmond Harrington and that all the defendants
except the said William Cole had by their answer
acknowledged the trust and declared
themselves ready to perform the same as
the court should direct and that the defendant
William Cole having for delay obtained several
further days and times for putting in his
answer at length put in an imperfect and
insufficient answer and keeping the complainants
several days in treaty upon pretense he would
consider of amending his answer, in several
material points wherein the said answer was
objected against as insufficient and defective
at length refused to amend the same and stood
upon the justification of his said answer and
the usual time for putting in exceptions
to the said answer being by his
means elapsed the complainants obtained an order
from the Master of the Rolls the 31st of October
last for receiving and admitting the exceptions
and that the same should be referred to
William Glascocke one of the masters of this
court in case the said defendants should not amend
his answer in due time and it was also
alledged that the defendant Cole according to

p. 3
his usual way of seeking delay neither
amended his answer nor moved anything
therein till he was summoned to attend the
said master upon the said exceptions and then
upon a motion made behind the complainants backs
the 11th of November last obtained an order from
his lordship whereby the matter of the said order
as to the admitting of the said exceptions was
to stand but that part of it touching the
reference to the master was discharged although
his said answer is notoriously defective as
to the matter of account and as to the discovery
in whose hands and possession the deeds, evidences,
and writings and the original will of
Penning Alston lies and in other material
points without the discovery whereof the
complainants cannot bring the cause to hearing
without great disadvantage and it was
further insisted that whilst the said
defendant delays the complainants he doth in the mean
time get monies into his hands of the testator's
estate without paying debts or legacies
according to the will or giving account

p. 4
thereof and also suffers much of the estate
to lie waste by mismanagement of the same
and that although he himself is prisoner
in execution for debt yet by his agents
so seeks to get what monies he can into
his hands and to hinder and obstruct the
other two trustees who are able and
responsible persons in improving the
said estate to the best advantage and
in performance of the trust according
to the testator's will as by affidavit appears
it was therefore prayed that the said
defendant Cole and his agents may be
prohibited from receiving the rents
issues and profits or any other monies of
the estate of the said Penning Alston or
intermeddling with the said estate and that
the defendants Joseph Alston and Richard
Chandler may be quieted in the management
of the said estate to the best advantages
against the interruptings of the said defendant
Cole and his agents all which this court

p.5
held reasonable and doth order the same
accordingly unless the said defendant his clerk
in court having notice do on the next
general seal show good cause to the contrary
and it is also ordered that the plainant's bill,
the defendant Cole's answer, and the plainant's exceptions
taken thereunto be referred to Sir William
Glascocke Knight one of the masters of the court
who is to consider thereof and certify whether
the said defendant Cole's answer be insufficient
in the points excepted unto or not.

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

13. Estate of Penning Alston: Decree making absolute restraint of William Cole, 29 Dec 1670.
Copy of Chancery Decree making absolute the decree of 15 December 1670 stop
Alston Archive Bury HA 541 2584/19
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.

A copy of a short
order between
Harrington
&
Cole

p.1
Master of the Rolls
Sir Nath. Hobart
Sir Robert Steward
Whereas by an order of the 15th of this
month for the reasons therein contained
it was ordered that the defendant Cole and his
agents should be prohibited from
receiving the rents issues and profits
or any other monies of the estate of
Penning Alston or intermeddling with the
said estate and that the defendants Joseph
Alston and Richard Chandler should be
quieted in the management of the said estate
to the best advantage against the interrupting
of the said defendants Cole and his agents
unless the said defendant his clerk in court
having notice should on this day show good
cause to the contrary now upon opening
of the matter this day unto this court

p.2
By Mr. Attorney General Sir John Churchill and
others being of the petitioner's council it
was alleged that due notice of the said
order was given as by affidavit now read
appeared but none coming this day to show
cause against the said order it was prayed that
the said last order may be made absolute
which this court held reasonable and doth
order the same accordingly.

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

14. Estate of Penning Alston: Deeds of release, 1671.
Memorandum regarding deeds of release to be executed by the complainants and by William Cole.
Alston Archive Bury HA 541 2584/24
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.

Harrington
& Cole
Besides Cole's release of the
inheritance to the other trustees:
1. He is also by letter of attorney
to enable his co-trustees to receive
such debts and sums of money
of Penning Alston's estate as
yet stand out and is therein
to covenant that he hath not
nor will not receive or release
any of them without the consent
of his said co-executors.
2. In the release to be given by
Dr Harrington, John Thompson, and
Edmund Harrington and his wife
to the said William Cole
a clause of exception is to be in-
-serted or some limitation so as
they may not bar their claim
to the thing which they seek by this
suit; for if they give Cole one of
the executors a general release it will
release also the other executors.

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

15. Estate of Penning Alston: Summons Harrington v Alston on 26 Jan, 25 Jan 1670/71.
Summons to court hearing, in suit Harrington v. Alston on 26 January
Alston Archive Bury HA 541 2584/20
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.

A summons of the
25th January
Case between
Harrington
& Cole
Dated January the
25th 1670
In pursuance of an order of 15th Day of December
last I appoint to consider
of the matter thereby referred on Thursday
the 26th day of January instant at ten of the
clock in the forenoon at any house in
Chancery Lane and the party or some for
them are then and there to attend and the
defendant Cole or his clerk in court is to
have due notice hereof.
W. Glascock.

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

16. Estate of Penning Alston: Petition of complaints Harrington & wife Sarah v William Cole & others, 12 Jun 1671.
Copy of Petition of Complainants in Harrington v. Alston, in exception to the answer of the defendant Wm Cole.
Alston Archive Bury HA 541 2584/21
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.

Mr
Egilton
at ye Angel
Lehre St
Clemacy

Edmond Harrington Esquire and
Sarah his wife and others
plainants, William Cole and others
defendants.

To the Right Honorable Sir Orlando Bridgeman Knight and
Barron Lord Keeper of the Great Seal of England

The humble petition of the complainants.
Herewith
That the complainants Edmond and Sarah having intermarried according to the directions of the will
of Penning Alston deceased and being thereby entitled to the marriage portion intended by the said will
the Hilary term 1669 to have the lands rested in the defendants, trustees of the said Penning, sold for the payment of the said portion according to the said will.
That the rest of the defendants having answered confessed the trust and submitted to perform the
same as the court should direct, the defendant Cole after much delay putting in his answer also did not set forth in whose hands the original will and evidences concerning the estate in question were, nor several other material points sought to be discovered by the bill, but setting on foot a false report of the complainant Sarah being married or pre-contracted to one Skinner endeavored to draw the same under examination of this court although he hadacknowledged the definitive sentence of the court ecclesiastic whereby the said Sarah was freed from the said false scandal judged capable of marriage with any fit person.
That upon a reference of the said answer to a master of this court the same was reported scandalous in that part and also upon another reference to the same master the said answer was reported in several principal points insufficient.
That upon hearing the exceptions taken to the master's report touching the scandal, for that it
appeared that the bill gave some occasion to that discourse and the defendant might look upon himself as obliged to acquaint the court with that matter, Your Lordship thought not fit to award cost against the defendant for the said answer but declared that the said pretended marriage or pre-contract with Skinner ought not to be put in issue in this cause and that the defendant should not examine thereto in this court which direction was notwithstanding omitted by the registrar in drawing up Your Lordship's order as by the notes of the registrar taken at the same time may appear.
That the defendant Cole lying in execution in the King's bench and refusing to mend his answer according to the master's report the petitioners were constrained to sue out a habeas corpus to bring him to the bar but that being disobeyed an alias was awarded upon a 100 Li penalty and the defendant being accordingly brought to the bar was ordered to answer in a fortnight Your Lordship also declared at the same time your dislike of his former answer in the matter of the said pretended marriage which had been adjudged a false scandal in the court of Arches that had cognizance of the cause.
That the defendant notwithstanding the great charges and delays he had already put upon your petitioners put not in his answer till the last hour of the fortnight given and then waiving most of the points of the exceptions answered nothing material save to the original will and evidences concerning the estate the rest of his answer being stuffed with a long story touching the fore pretended marriage or pre-contract with the said Skinner which notwithstanding Your Lordship's former declaration to the contrary and without any occasion offered by the exceptions which he was enjoined to answer he endeavours with more industry and malice than before to put in issue in the cause and by way of prevention of Your Lordship's judgement upon the matter put in issue by the bill prays a trial at law upon the said scandalous matter and subscribes his answer with his own name the same being too foul for another counsel's hand.

Now forasmuch as the said proceedings of the said defendant are most vexatious and malicious
driving at a dissolution of a marriage legally had and the promotion of a foul scandal against your petitioner
as well as the bastardising of their issue to the defeating of an only child of the estate designed by the father and of her reputation also for clearing of which he had made so good provision in notorious violation of the trust reposed in the said defendant by his testator and against the known rules and in abuse of the justice of this honorable court.

May it please Your Lordship for the obviating of the said inconveniences to order that the matter of the said pretended marriage or pre-contract with Skinner (according to Your Lordship's former declaration) may not be examined to in this cause and that so much of both the defendant's answers as concern the said matter may be expunged and that the petitioner may have costs for the scandal and impertinences of the last answer and for the charges they have been at in procuring of the same to be put in and also that the defendant Cole may be enjoined to bring the original will and all deeds and evidences concerning the estate in question in few days in to court upon oath without which your petitioners cannot justify their title nor the lands be exposed to sale in case Your Lordship shall think fit to decree the same according to the said testator's will or
otherwise may it please Your Lordship in tender consideration of the premises to appoint some short day and hour this vacation for counsel on both sides of to attend Your Lordship herein and to order therein as to Your Lordship shall seem just.
And your petitioner shall pray.
June 12th 1671
Let this cause be set down to be heard the first day for hearing of causes and exceptions after Whitsuntide
and to be heard in course after the causes for that day are over.
Orl. Bridgeman CS

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

17. Estate of Penning Alston: Petition of complaints Harrington v Alston & draft brief, 12 Jun 1671.
Copy of petition as in HA 541 2584/21 and draft brief for complainants Council in Harrington v. Alston (four sheets of paper).
Alston Archive Bury HA 541 2584/22
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.

pg 1.
Copy of a Petition
between Harrington
and Cole
Edmond Harrington Esquire and
Sarah his wife and others
plainants, William Cole and others
defendants
To the Right Honorable Sir Orlando Bridgeman Knight and
Barron Lord Keeper of the Great Seal of England.

1.
The humble petition of the complainants
That the complainants Edmond and Sarah having intermarried according to the directions of the will
of Penning Alston deceased and being thereby entitled to the marriage portion intended by the said will
the Hilary term 1669 to have the lands rested in the defendants, trustees of the said Penning, sold
for the payment of the said portion according to the said will.
(vide answer from fo. 72 to fo. 80)
That the rest of the defendants having answered confessed the trust and submitted to perform the
same as the court should direct, the defendant Cole after much delay putting in his answer also did not set forth in whose hands the original will and evidences concerning the estate in question were, nor several other material points sought to be discovered by the bill, but setting on foot a false report of the complainant Sarah being married or pre-contracted to one Skinner endeavored to draw the same under examination of this court although he had acknowledged the definitive sentence of the court ecclesiastic whereby the said Sarah was freed from the said false scandal judged capable of marriage with any fit person.
That upon a reference of the said answer to a master of this court the same was reported scandalous in that part and also upon another reference to the same master the said answer was reported in several principal points insufficient.
That upon hearing the exceptions taken to the master's report touching the scandal, for that it appeared that the bill gave some occasion to that discourse and the defendant might look upon himself as obliged to acquaint the court with that matter, Your Lordship thought not fit to award cost against the defendant for the said answer but declared that the said pretended marriage or pre-contract with Skinner ought not to be put in issue in this cause and that the defendant should not examine thereto in this court which direction was notwithstanding omitted by the registrar in drawing up Your Lordship's order as by the notes of the registrar taken at the same time may appear.
That the defendant Cole lying in execution in the King's bench and refusing to mend his answer
according to the master's report the petitioners were constrained to sue out a habeas corpus to bring him to the bar but that being disobeyed an alias was awarded upon a 100 Li penalty and the defendant being accordingly brought to the bar was ordered to answer in a fortnight Your Lordship also declared at the same time your dislike of his former answer in the matter of the said pretended marriage which had been adjudged a false scandal in the court of Arches that had cognizance of the cause.
That the defendant notwithstanding the great charges and delays he had already put upon your petitioners put not in his answer till the last hour of the fortnight given and then waiving most of the points of the exceptions answered nothing material save to the original will and evidences concerning the estate the rest of his answer being stuffed with a long story touching the fore pretended marriage or pre-contract with the said Skinner which notwithstanding Your Lordship's former declaration to the contrary and without any occasion offered by the exceptions which he was enjoined to answer he endeavours with more industry and malice than before to put in issue in the cause and by way of prevention of Your Lordship's judgement upon the matter put in issue by the bill prays a trial at law upon the said scandalous matter and subscribes his answer with his own name the same being too foul for another counsel's hand.
Now forasmuch as the said proceedings of the said defendant are most vexatious and malicious driving
at a dissolution of a marriage legally had and the promotion of a foul scandal against your petitioner
as well as the bastardising of their issue to the defeating of an only child of the estate designed by the father and of her reputation also for clearing of which he had made so good provision in notorious violation of the trust reposed in the said defendant by his testator and against the known rules and in abuse of the justice of this honorable court.
May it please Your Lordship for the obviating of the said inconveniences to order that the matter of of the said pretended marriage or pre-contract with Skinner (according to Your Lordship's former declaration) may not be examined to in this cause and that so much of both the defendant's answers as concern the said matter may be expunged and that the petitioner may have costs for the scandal and impertinences of the last answer and for the charges they have been at in procuring of the same to be put in and also that the defendant Cole may be enjoined to bring the original will and all deeds and evidences concerning the estate in question in few days in to court upon oath without which your petitioners cannot justify their title nor the lands be exposed to sale in case his Lordship shall think fit to decree the same according to the said testator's will or otherwise may it please Your Lordship in tender consideration of the premises to appoint some short day and hour this vacation for counsel on both sides of to attend Your Lordship herein and to order therein as to Your Lordship shall seem just.
And your petitioner shall pray.
June 12th 1671
Let this cause be set down to be heard the first day for hearing of causes and exceptions after
Whitsuntide
and to be heard in course after the causes for that day are over.
Orl. Bridgeman CS

p. 2
Bill: That Penning Alston the plainant Sarah's father having one only child the plainant Sara and
minded to bestow her in marriage treated with a person of quality there about and that some ill-disposed persons minded to break off the treaty and alienate his affections from his daughter raised a report she was
then married or contracted to one Skinner.
That this report so wrought on the father that he laid out his estate in lands in county Suffolk and which to prevent Skinner from having to do so with in case the report proved true he purchased in the names of Sir Edward Alston deceased the defendant Joseph Alston Alderman Chandler and Cole and on the same occasion made the same trustees executors and devised to them his real and personal estate and appointed the lands to be sold and that the trustees should pay to Sarah (in case she should be legally freed and discharged from the pretended contract or marriage with Skinner and should marry any other person with the consent of her mother and Sir Edw. Alston) 4000 Li on marriage and 2000 Li more within three months after
her mother's death surviving her.
That Sarah was freed from Skinner by a definitive sentence in the court of Arches and that she is since married to the plainant Edmond and with the consent of her mother and Sir Edw. Alston that Skinner afterwards appeared in person in the said court acquainted in the sentence and renounced all proceeds
to have the lands sold the 4000 Li paid and 2000 Li secured and to discover the will, deeds, and evidences concerning the estate and an account of profits Sara being to have 100 Li per annum for present maintenance till married with such consent as aforesaid.
All the trustees but Cole consent to sell the land and pay the portion as the score of the bill defendant Cole puts in a very scandalous answer and also very insufficient as to the discovery of the will, deeds, and evidences and what profits, rents plainants get a reference to a master touching scandal and Sir William Glascocke reports it so defendant Cole except to that report and in arguing thereof Lord Keeper declared that the matter of the answer supposed to be scandalous and impertinent being induced by the charges
in the bill he could not judge the same scandalous or impertinent according to the master's report but then declared Cole should not examine to that matter in his answer the plainant afterwards except to the insufficiency of the answer which being referenced Sir Will. Glascocke 1st Febr. last he reports it insufficient as to the value of the testator's lands yearly and the quantum of the personal estate and his disbursements in respect thereof and touching where the will and deeds were and as to his refusal to deal with such persons
as offered to deal for purchase of the lands and in no other points.
Note: Cole being served with process to make a better answer and sitting in contempt therefore and
being a prisoner in execution for debt a habeas corpus is awarded but he is not brought up then an alias habeas corpus subpoena ¹cent librae is awarded and he brought to the bar there on 15th May last and gets then (notwithstanding all his former delay) a fortnight's time longer to perfect his answer in and 30 May last puts in another long answer ten times more scandalous than the first which 2nd answer is as a follows ²viz.
2nd ³resp. Cole: The further answer of Will. Cole Esquire to the bill of complaint of Edmond Harrington Esquire and save his pretended wife.
That although he is not as he contrives justly compellable to give any account to the plainants or any
of them other than by his former answer he hath given the complainant Sara being as he believes
and doubts not but to prove married to Edward Skinner long before her pretended intermarriage
with the plainant Edmond yet for satisfaction of this court sayeth that Penning's original will and the
deeds and evidences touching his estate are in his hands and which as one of Penning's executors he ought
to keep and preserve and is so directed by the will as he conceives to which he refers himself and which he
hath so kept and detained for the better manifestation and execution of the trust in him
reposed nor ought the plainants or any of them to have them or any of them as he conceives and
is advised and then goes on to give an account of the estate from ⁴fo. 3 to fo. 29 wherein
in above 20 places he mentions the pretended marriage of Edmond Harrington and Sara.

p. 3
⁴Fo. 28 sayeth - And this defendant further sayeth that albeit this defendant for satisfaction of this honorable court hath answered the several charges of the plainant's bill in such manner as herein before and in his former answer mentioned yet understands of this court as he conceives and is advised he is not bound so to do for that it doth not appear that the plainants are proper parties to demand or require any answer of him concerning the matters in question if Sara be so married as aforesaid to Skinner and forasmuch as it appears by the will and codicil that in case of the complainant Sarah's being married to Skinner she is then only to hand 100 Li per annum for such time and in such manner as in the will is mentioned and that after her death without such issue as in and by the said will is mentioned and expressed that all the said sum of 6000 Li by the said will devised to be raised by sale of the said manor of ⁵Greenland is devised over to several of the near kindred and relations of the said Penning Alston in the will of the said testator and in this defendant's former answer particularly named and to the hospital of Christchurch and St Bartholomew's and to and for such of the poor kindred of the said testator and other poor as in and by the said will is directed and that in case the said Sarah shall outlive the said Edward Skinner the said sum of 6000 Li is devised and to come to her and to be disposed of in such sort and manner and under such condition as in and by the said will is also
expressed as by the said will more at large appeareth to which for more certainly herein this defendant referreth himself so that if this defendant his co-executors and trustees shall sell the said manor of Greenland and the said sum of 6000 Li raised by such sale shall be paid over to the said Edmund Harrington and the marriage of the said Skinner to the complainant Sarah or his being but contracted unto her shall be afterwards proved either by the said Skinner or who hath and doth constantly assert and steadily aver that he is married to the complainant Sarah and that he can sufficiently prove the same as this defendant is by
persons of credit and quality informed or if her said marriage with the said Skinner or her being contracted unto him shall be afterwards proved by any of the legatees who are no parties to the suit and which are so by name particularly set forth in this defendant's former answer some of which this defendant will in case of the death of the said Sarah without such issue as aforesaid endeavor to prove (and the defendant really believes) can prove the marriage of the said Skinner to the complainant Sarah or at least her being contracted unto him or if the complainant Sarah shall outlive the said Skinner and she herself shall prove or cause her marriage to the said Skinner or her being but contracted unto him to be proved this defendant humbly conceives and is advised that this defendant and his co-executors will be enforced for breach of the said trust to pay the
said 6000 Li either to or amongst the said legatees so particularly named in the will of the said testator or to the said complainant Sarah (as the case shall fall out to be) out of their own estates or at least to be involved
in suits to their great vexation, cost, expense, trouble, and disturbance this defendant therefore humbly offers
to the consideration of this honorable court whether this court will not think it in a case of this difficulty and dangerous consequence and for the manifestation of the truth of the premises to direct a trial at law the issue to be marriage or not marriage contract or not contract of the said Edward Skinner to the complainant Sarah that so by the ⁶subtile and clandestine contrivances of the complainant this honourable court may not be abused and misguided the said future legatees or the said complainant Sarah injured nor this defendant and his co-executors run the dangerous hazard of being so unjustly endamaged or thereby embroiled in suits and the truth of the premises totally stifled and this defendant doth verily believe that the considering with hath been set forth in the defendant's former answer touching the marriage of the complainant Sarah to the said
Skinner which this defendant believes will be punctually proved but more especially by what hath come to this defendant's knowledge since the putting in of his this defendant's said answer but that full and direct proof can and will be made of the marriage or at least of the contract of marriage of the said complainant Sarah to the said Edward Skinner and if such her said marriage or contract of marriage with the said Skinner shall be proved then the said complainant Edward Harrington or his trustees nor the complainant Sarah are in no capacity to sue for or recover the said 6000 Li but the complainant Sarah is only to have the said 100 Li per annum as aforesaid so that upon the whole matter whether the court shall think fit to award such trial or which other way or means shall be taken therein for the safety of all the said several persons interested
in the said estate and of this defendant and his co-executors and trustees this defendant humbly prays in case of this hazardous difficulty the direction of this honourable court.
Note: in his first answer from ⁴fo: 72: to 80: he confesseth Sara was freed from Skinner by a definitive
sentence and Skinner's disclaimer in the court of Arches and in his said first answer ⁴fo. 79 sayeth so that upon the whole matter whether such disclaimer and discharge be a legal discharge or not and whether Sara be so legally freed and discharged thereupon or by the said sentence
as that he the defendant and his co-executors have power to sell the premises and pay Sarah which
by her bill she demands he is not able to judge but holds himself obliged to give an account of the transactions of this affair to this court to the end he and his co-trustees in a case so extraordinary and difficult may have the directions and protection of the court to which he humbly submits in what manner he and they shall perform the trust in them reposed and in that answer sets forth

p. 4
to whom the 6000 Li is devised over in case Sarah did not enable herself as by the will and also sets
forth their being no parties to the suit and yet now in this 2nd answer when he was not drawn to it by
any one word in the points reported insufficient runs himself into this abominable extravagancy of scandal
and most impudently takes upon him to direct the court and limits its power and subscribes his own name to
the answer but without counsels.
1.
a) Knew whether Sarah being freed from Skinner and married to Edmund the plainant with such consent as aforesaid hath not a good bill for her portion according to the will without making these legatees parties
who were to have interest in the portion in case she had not been freed and married.
b) Forasmuch as the report of Sarah's marriage with Skinner was in few words mentioned in the bill as
that which induced Penning to make the will and nothing being properly put in issue by the bill but the
father's will and Sarah's being freed and married according to the will and her claim thereupon to the
marriage portion and that sentence in the court of Arches being acknowledged by Cole.
2. Knew whether he ought to have received the report of a former marriage and put it in issue by his
answer with intent to bring it ⁷ad sui examen and that in a court that hath not cognizance in the cause especially in his 2nd answer when as the exceptions which he was to answer did not by the least mention of the pretended marriage or any relating to it give any occasion thereto.
3. Knew whether it may not be proper to prevent a reexamination of that point (which is already
determined and so confessed) to move the said impertinent and scandalous matter in both answers may be
expunged especially since in this 2nd answer the defendant intends to examine to it, when as in his first he seemed only to argue with the court with it, and submit the matter thereon, but more especially the Lord Keeper having declared he should not examine to the matter in the first answer touching the pretended contract or marriage with Skinner knew whether it will not be fit to endeavor an order from his Lordship prohibiting Cole from doing thereof or what course may be taken to prevent Cole's examining to it.

⁸[…]

Notes:
1. cent librae \endash meaning '100 pounds'
2. viz. - Latin for 'namely', 'in other words' (used to introduce a gloss or explanation) abbreviation of
'videlicet' (https://en.wikipedia.org/wiki/List_of_Latin_legal_terms)
3. resp. - I assume this is short for 'response' as in 'answer'
4. fo. \endash abbreviation for 'folio'
5. Greenland \endash also referred to as Greenlands
(http://www.thekingscandlesticks.com/webs/pedigrees/2675.html)
6. subtile \endash cunning, crafty, subtle, elusive (Merriam-Webster online)
7. ad sui examen - I think this is Latin for 'according to his own examination' (online-latindictionary.com; https://en.wikipedia.org/wiki/List_of_Latin_legal_terms)
8. […] - I haven't transcribed the final section due to difficulty reading it and lines being crossed out.

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

18. Estate of Penning Alston: Notices adjourning hearing Harrington v Alston, 27 Jun 1671.
Two copies of notice adjoining court hearing in Harrington v. Alston.
Alston Archive Bury HA 541 2584/23
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.

Copies order adjourning court
between
Harrington plainant
Cole defendant.

This cause standing in the paper to be heard
this day according to an order of the 21st inst.
forasmuch as the time will not now permit
to hear the same it is ordered that this cause be
now put off and set down to be heard on Tuesday
next in the afternoon the first cause and that
notice hereof be given to the defendant's clerk in court
and left with the marshal of the King's bench
prison for the said defendant.
WG
Robt Dod
Dep Reg^s

This cause standing in the paper to be heard this
day according to an order of the 21st inst.
forasmuch as the time will not now permit
to have the same it is ordered that this cause be
now put off and set down to be heard on
Tuesday next in the afternoon the first cause
and that notice hereof may be given to the
defendant's clerk in court and left with the marshal
of the King's bench prison for the said defendant.
WG
Robt Dod
Dep Reg^s

Translations by C. L. O'Sullivan BAHONS, GDARTS. 21.3.2022
<cathrinny@gmail.com>

19. Estate of Penning Alston: Receipts/Releases for legacies paid out, 18 Nov 1672-17 Dec 1673, Various.
Receipts for legacies under will of Penning Alston from Treasurer Christs Hospital; the Company of Grocers, City of London (including receipt for silver and gilt plate cup and cover); Deborah Crewe; Joseph Alston, Esq., of Chelsea, Co. Middx.,; and Wm Farr, Grocer of London. (One file of parchment and paper documents).

Alston Archive Bury HA 541 2584/11/02
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.
Releases from
Debrah Crue
Rachell Skynner
Mr. Joseph Alston

No. 2
*[…]
Gibbon treasurer (by the order of Sir John
Frederick Knight president of Christ's Hospital)
have this 18^th day of November Anno Domini 1672
had and received of Richard Chandler, Joseph
Alston, and William Cole Esquires executors of the
last will and testament of Penning Alston of London
Esquire deceased the sum of thirty pounds of
lawful money of England in full payment of
one legacy of fifty pounds given in and by
the last will and testament of the said Penning
Alston toward the maintenance of the poor
children in the said hospital, it being all
that the estate will afford for the payment of
the said fifty pounds of which said legacy
I do by these present fully discharge the
said executors and every of them by these
present in witness whereof I have here-
unto set my hand and seal the day and
year before written.

Sealed and delivered in the
presence of
Thomas Duprey
John Reeve
William Gibbon treasurer

Notes
* […] - words missing in the photocopy due to page fold.


3
To all *Christian people to whom these present shall come the wardens
and *covalty of the *mystery of the grocery of the city of London send greeting whereas
Penning Alston Esquire did by his last will and testament in writing bearing date in the
beginning of March 1669 give and bequeath to the company of Grocers whereof he
was a member one standing cup of silver and gilded plate of the value of thirty
pounds to be provided for them by his trustees with his arms and name engraved.
Now the wardens and covalty of the said company of Grocers do hereby acknowledge to have
had and received by the hands of Richard Chandler Esquire one of the said trustees and executors
of the said Penning Alston a fair standing cup and cover of silver and gilded plate of the
value and price of thirty pounds according to the direction of the said will and of
the said bequest and gift of plate or any other demand for or concerning the same
do therefore acquit and discharge the said Richard Chandler and his executors and
administrators by these present in witness whereof the said wardens and covalty their
common seal to these present have caused to be put, dated the sixth day of May
Anno Domini 1673 and in the 25^th year of the reign of our sovereign Lord
King Charles the Second, etc.

Notes

* Christian - abbreviated to 'Xtian' (spelled Xþian) using the letter thorn (Þþ) in place of 'th'. (https://en.wiktionary.org/wiki/Xtian#:~:text=Xtian%20(plural%20Xtians),quotations%20%E2%96%BC)
* covalty - appears with a macron indicating missing letters; therefore an abbreviation of an unknown word. May relate to 'coven' (https://www.merriam-webster.com/thesaurus/coven)
* mystery - archaic term meaning trade, craft, or guild (https://www.merriam-webster.com/dictionary/mystery)


No. 4
Then received by me Deborah Crew widow of Rich.
Chandler Esquire one of the executors of Penning
Alston deceased in pursuance of an order of
the high court of Chancery bearing date the
20^th day of Nov. last past made in a cause
there depending between Edmund Harrington
and others plainants *(and) William Cole, Richard Chandler,
and others defendants the sum of *£ 81-13-4d of
lawful English money in full satisfaction of the
legacy of one hundred pounds given and
bequeathed to me in and by the last will and
testament of the said Penning Alston and of all
demands touching the same, in witness
whereof I have hereunto set my hand and seal
the day and year first above written.

Sealed and delivered
in the presence of
Joseph Alston
Ames Martin
Moryson Hatch
Aaron Smith
Deborah Crew

Notes
*£ 81-13-4d - 81 pounds (librae), 13 shillings (solidi), 4 pence (denarii).
*(and) - inserted for meaning


No. 5
I Joseph Alston of Chelsey in county Middlesex Esquire do hereby
acknowledge to have received of Richard Chandler
Esquire one of the executors of Penning Alston deceased in
pursuance of an order of the high court of
chancery bearing date the 20^th day of Nov.
last made in a cause there depending between
Edmund Harrington and others plainants and William Cole, Richard
Chandler, and others defendants the sum of *£ 163-6-8d
of lawful English money for the use of Rachell
Skinner and her children according to the
direction and appointment of the said Penning
Alston and by his last will and testament
in full satisfaction of the legacy of *£ 200 thereby
given and bequeathed to them and of all demands
touching the same in witness whereof I have
hereunto set my hand and seal the seventeenth
day of December in the year of our Lord God
one thousand six hundred seventy and three.

Sealed and delivered
in the presence of
Ames Martin
Moryson Hatch
Aaron Smith
Joseph Alston

Notes
*£ 163-6-8d - 563 pounds (librae), 6 shillings (solidi), 8 pence (denarii). The first digit is unusual, but seems most likely a 1.
* £ 200 - the first digit is unusual, but seems most likely a 2.


No. 6
Know all men by these present that I William
Farr of London grocer have this 25^th
November 1672 had and received of Richard
Chandler, Joseph Alston, and William Cole
Esquires executors of the last will and testament of
Penning Alston of London Esquire deceased
the sum of three pounds ten shillings
lawful money of England in full
payment of a legacy of five pounds
given in and by the last will and testament
of the said Penning Alston of which said
legacy I do by this discharge the said
executors and every of them by these present
in witness whereof I have hereunto set my
hand and seal the day and year above written.

Sealed and delivered
in the presence of
Jo Frogmery
Edward Tudor
William Farr

Last Page.
*[…] to whom these present shall come the wardens
[…] mystery of the grocery of the city of London send greeting
whereas Penning Alston Esquire did by a codicil annexed to his last will and testament
bearing date in March 1668 give and bequeath unto the Company of Grocers whereof
he was a member the sum of one hundred pounds of lawful money of
England towards the augmentation of their public stock to be paid unto them
out of the price and sale of his lands in the county of Suffolk by him appointed to be
sold by the trustees in his said will named and whereas it is alleged and affirmed
by testimony upon the producing of the said will and codicil an account and order of the
Court of Chancery and other satisfaction offered that the value and product of the said lands and
estate is not sufficient to bear and defray the debts, legacies, and payments charged upon
and payable out of the same by the direction and appointment of the said will and codicil
and that defalcations and abatements must be made and allowed by the legatees and others
concerned in the said gifts and payments. Now the wardens and covalty of the said company
do therefore hereby acknowledge to have had and received on the day of the date hereby
of Richard Chandler Esquire one of the trustees and executors of the said Penning Alston
and are contented to accept of the sum of threescore pounds of lawful money
of England in lieu and full satisfaction of the said one hundred pounds by the said
codicil appointed them and of the said gift and bequest of one hundred pounds and all
or any other of further demand or claim to be required for or concerning
the same or any part thereof do thereupon acquit, release, and discharge the said
Richard Chandler, his executors and administrators, by these present in witness whereof
the said wardens and covalty their common seal to these present have caused to be put, dated
the 14^th day of January Anno Domini […] in the 24^th year of the reign
[…] Lord King […]

Notes
* […] - words missing in the photocopy due to page fold.

Translations by C. L. O'Sullivan BAHONS, GDARTS. April 2022
<cathrinny@gmail.com>

20. Estate of Penning Alston: Settlement Harrington v Alston, 30 Apr 1677, Part 1.
Office copy of Chancery decree in Harrington v Alston. The main provisions are for Joseph Alston to surrender his trust under Penning Alston's will; Judith Alston to execute a quit claim to dower in the estates of her husband; Richard Chandler to execute the trust by sale of the Manor of Greenlands and properties in Co. Bucks, and the Manor of Knettishall and other Suffolk properties, and out of the proceeds to pay an annuity of L120 for life to Judith Alston, and L4000 to William Harrington and John Thompson as the marriage portion of Sarah Harrington, and to secure L2000 for the increase of the said marriage on the death of Judith Alston. (10 sheets of paper joined at head, outer sheet torn; contemporary marginal glosses in various hands)
Alston Archive Bury HA 541 2584/26
Transcribed May 2022 by C. L. O'Sullivan, of Christchurch NZ.

*Carolus Secundus dei gra. Angl., Scot., Franc., et Hibernia Rex fidei defensor etc. Josepho Alston, Rico.
Chandler et Willo. Cole, Georgio Lowe Arm. et Judith Alston vidua, saltim cum quoddrau fui alii
indic. sine decret. coram nob. in Cur. Cancellar. ure. nup. fact. et reddit exti. in haec verba

*[_] term 1669
Whereas heretofore that is to say in the term of St. Hillary in the year of our
Lord God 1669 Edmund Harrington and Sarah his wife daughter and heir of Penning Alston
late deceased, William Harrington Doctor in Law, and John Thompson Esquire complainants did exhibit
their bill of complaint into this high and honorable Court of Chancery against Joseph Alston,
Richard Chandler, and William Cole Esquires supervising executors of the said Penning Alston the
Honorable Sir Harbottle Grimston Baronet Master of the Rolls and George Low Esquire executors of Sir Edward
Alston Knight deceased who was another executor of the aforesaid Penning Alston and Judith Alston widow
and *relict of the aforesaid Penning Alston defendants thereby setting forth that the said Penning
Alston deceased being a citizen of London and being *seised in fee of and in diverse manors, lands, and
tenements in the county of Suffolk and elsewhere in the kingdom of England of about £300 per annum
and possessed of a personal estate of £50,000 and upwards and having issue only the complainant Sarah
upon a treaty of marriage had in his life time offered to give £8,000 in marriage with her
but during that treaty a false report was raised that she the said complainant Sarah was
married or at least contracted to one Edward Skinner a person utterly disliked by the said Penning
Alston and the treaty thereupon breaking off he by some evil disposed person was
prevailed with to turn his personal estate into lands to be purchased in trustees names to be
settled by his will or otherwise so that Skinner in case the report was true might have no
benefit thereof nor the complainant Sarah unless she first cleared herself from the pretended
marriage with Skinner or contract and pursuant thereto the said Penning by articles entered into about the latter end
of Febr. 1667 agreed with Sir Bulstrode Whitlocke to purchase of him the manor of Ewden alias
*Greenland and several other lands and wood grounds in the county of *Buckinghamshire for which he was to pay £7,000
and £5,000 part of the said purchase money being paid by the said Penning he took a conveyance thereof from
the said Sir Bulstrode Whitlocke in the names of the defendants William Cole, Joseph Alston, and Richard Chandler and the said
Sir Edward Alston his trustees who by direction of the said Penning did convey some part
thereof back to the said Sir Bulstrode Whitlocke by way of mortgage for securing the
payment of the £2,000 residue of the said purchase money at a time mentioned in the conveyance and
the complainants further showed that shortly after the said Penning Alston growing infirm and being
minded to settle and dispose his real and personal estate about the 5^th of March 1667 by the
advice of the defendant Cole made his last will in writing and thereby devised and bequeathed his said
real and personal estate to the defendants William Cole, Joseph Alston, and Richard Chandler and the said
Sir Edward Alston since deceased upon several trusts and to several purposes in the said
will particularly expressed and more especially in trust for the complainant Sarah and of such his
will he made the said Sir Edward Alston, Joseph Alston, Richard Chandler, and William Cole executors
and shortly after to wit on or about the 15^th of April 1668 died so seised and possessed of
and all the said executors proved the said will and took upon them the execution and bar then thereof
and of the trusts thereby directed and that the trusts, appointments, and directions relating to the complainant
Sarah were (*inter alia) that the said executors should by and out of the profits of the said real estate
pay unto the said Sarah's proper hand £100 per annum for her separate maintenance free
from all taxes until some breach should be made of the condition and proviso in the said
will mentioned and devised the residue of the clear rents for payment of his debts (if any should there be)
and the residue to be employed to the best advantage and together with the proceed thereof to be paid
for and towards the performance of the trustees in the will mentioned and by his said will provided and
declared it to be his true intent and meaning that in case the complainant Sarah then was or at any time after
should be married to or contracted to the said Skinner or should die before she should be legally
freed and discharged from Skinner's pretended contract and marriage and should not be legally married to
some other person with the consent of the said Sir Edward Alston and Judith her mother then
the one hundred pounds per annum should cease to her and go to his the said Penning's trustees
and the survivors or survivor of them for so long time as Sarah should live yet the said Penning
nevertheless by his will declared it to be his true intent and meaning that in case Skinner
should die (living the complainant Sarah) or that she should be legally freed and discharged
from the said pretended marriage or contract with Skinner and should be married to any other
person with such consent as aforesaid or if after the said Skinner's death the said complainant Sarah
should continue unmarried then in every or any of the said cases the manor of Greenelands
and the premises so contracted for as aforesaid should be as soon after as might be sold
for the best price that could be got for it and that his said trustees should out of the monies to be raised
by sale of the said manors and lands pay unto the said Sarah the sum of £4,000 for or
towards her portion within a month after such sale and that within 3 calendar months
1)
Notes
*Carolus Secundus… - this is my interpretation of the Latin section which may translate to:
'Charles the Second by the grace of God of England, Scotland, France, and Ireland King defender of the faith etc., Joseph Alston, Richard
Chandler and William Cole, George Lowe Esquire and Judith Alston widow, and others
proclaim without decree before (this) honourable Court of Chancery to destroy? the factious? marriage and renders? extinguished? in these words'
*[_] term 1669 - written in the margin of the manuscript. The first word is cut off by the image taken but likely says 'Hillary'.
* relict - widow
(https://www.merriam-webster.com/dictionary/relict)
* seised - to seise (or seize) - to vest ownership of a freehold estate
(https://www.merriam-webster.com/dictionary/seised)
* Buckinghamshire - abbreviated as Bucks
* Greenland - elsewhere spelled Greenelands
* inter alia - 'among other things'
(https://www.merriam-webster.com/dictionary/inter%20alia)

*[_] to be disposed of
[_] in fo. 24
after Judith's death they should, out of the residue and out of such other monies as should be
then in their hands, pay to Sarah (if then living) and in case she should be then
dead the same was equally to be paid unto or amongst such child or children of her body to be
begotten by such person as should marry her with such consent as aforesaid and should be living at
the three months end before limited for payment of the said £2,000 and in case the complainant Sarah should
happen to be dead at the end of the 3 months next after Judith's death without such child
or children in such case the £2,000 and all other such sums of money arising by such sales and not
answered by the said trustees according to his will should be within 6 months after such
sale and such death of the said Sarah without issue as aforesaid paid to the Duchess of
Somerset and such persons and in such manner as was after expressed in the said will (to
which the complainants referred) and the complainants by their said bill further showed that after the
death of the said Penning Alston the complainant Sarah having notice of the said will and of the
conditions and restrictions put upon her thereby and the danger she was in to lose her
portion for her just vindication and to entitle herself to her present maintenance and portion
and free herself legally from the said Skinner's scandalous pretences exhibited her libel against
him in the Court of Arches and in due form of law obtained a definitive sentence of the
court that she was free from all matrimony and all matrimonial contracts between her and
the said Skinner and that she never contracted marriage with him and that she was free and that it was
lawful for her to marry any fit person and refers to the sentence and further by their
said bill show that since the said sentence the said Skinner personally appeared in the said
court and by an act thereof freely acknowledged the justice and truth of the said sentence and
his assent and acquiescence therein and renounced all appeals and complaints of nullity and
prayed his assent and renunciation might be admitted which was done, sentenced, and decreed
accordingly. Whereby the complainant Sarah was advised she was well entitled to what was given
her by her father's will as aforesaid and also showed that all the said trustees (except
the defendant Cole) being well satisfied therewith applied themselves to find a convenient match
for the said Sarah and thereupon a treaty of marriage was had between the
complainants William Harrington and John Thompson on the behalf of Dame Katharine
Harrington mother of the complainant Edmond and the said Sir Edward Alston, the defendant Richard
Chandler and the said Judith Alston touching a marriage to be had between the complainants
Edmond and Sarah and the portion to be paid and the estate to be settled whereupon the marriage
was at length by consents of the said Sir Edward Alston and Judith Alston agreed to
be had, and several articles and indentures of agreement were for that purpose made and entered
into between the said Sir Edward Alston, Richard Chandler, and Judith Alston
and the said Dame Katherine Harrington and the complainants William Harrington and John
Thompson dated on or about the 22^nd day of September 1669 where it was
agreed (inter alia) that £4,000 part of the said Sarah's marriage portion should
be paid by the said Sir. Edward Alston and Richard Chandler to the said Dame Katharine
Harrington, William Harrington, and John Thompson or one of them before
the last day of Michaelmas term then next following and that interest should be
paid for the said sum from the time of the said marriage until the said £4,000
should be paid and that £2,000 other part of the said Sarah's marriage portion
should be paid to the complainants Edmond and Sarah within 3 calendar months next
after the said Judith's death and if the complainant Edmond should be then dead then to
the complainant Sarah if she should be then living yet so as the complainant Sarah (if
she should survive) was by covenant entered into at the same time to pay over
the said £2,000 or suffer the same to be paid over to such person or persons as the said
Edmond by his last will and testament or other deed in writing should nominate and
appoint and in case the said complainants Edmond and Sarah should be then both dead
then the said £2,000 was to be paid to such child or children as should be
begotten by the complainants Edmond and Sarah to be equally divided amongst them
according to the will of the said Penning Alston and it was further agreed
2)

Notes
*[_] to be disposed of
[_] in fo. 24 - written in the margin of the manuscript. The first word in each line is cut off by the image taken.

by the said articles and the other indentures of agreement what estate should be settled upon the said
complainants Edmond and Sarah upon the said marriage and referred to the said articles and the several indentures of agreement made upon the treaty of marriage and the said complainants further by
their said bill set forth that pursuant to the said articles and marriage was duly had and
solemnised between them the said complainants Edmond and Sarah on or about the 23^rd of September
1669 shortly after which the said Sir Edward Alston died having made his last will and testament
in writing and thereof the defendants Sir Harbottle Grimston Baronet Master of the Rolls and George Low his executor who ought to account for such parts of the said Penning Alston's estate as did
come to their testator's hands he having left a considerable personal estate and more than sufficient
to pay his debts and that a considerable part of the said Penning's estate and more than
sufficient to pay all his debts and legacies was come to the hands of the other defendants and that
the defendant Joseph Alston was privy to the marriage and consenting thereto and that notwithstanding
knew the truth of all the matters aforesaid yet they refused and neglected to pay the £100 per
annum payable to the complainant Sarah until her marriage and also to pay the said £4,000 and
interest and to source the £2,000 residue of the said marriage portion and to sell the lands in the mean-
-time receiving the profits thereof and that the defendant Judith Alston obstructed and hindered the
sale of the said lands and the paying of the said portion by refusing to release her right and
title of dower to the said estate according to her husband's will unless she might have
her annuity of £200 secured to her pretending that the said estate was become deficient
and not sufficient to answer the same and raise the said marriage portion although by the
articles made upon the said treaty of marriage to which she was party she did agree
to the payment of the said portion and therefore to have an account and the said trustees
in relation to the said complainant Sarah performed and the said marriage
portion and interest thereof paid and secured for relief therein the said complainants humbly
prayed the aid and assistance of this honourable court and that process of subpoena might be awarded
against the said defendants to appear and answer the premises which being granted and
the said defendants therewithal they appeared accordingly and put in their answers
*[_] answer to the said bill.
And the defendant Cole for answer (amongst other things)
acknowledged that the said Penning Alston was in his life time seised of the
manor and lands as in the bill was set forth and also of a considerable personal estate
but said that neither the real nor the personal estate was of the value set forth by the bill
and confessed that the said Penning Alston had one only child the complainant Sarah his sole daughter
and heir and that being so seised and possessed and a report being raised (which the defendant insisted
was true) that the said complainant Sarah was married or contracted to the said Skinner in the bill
named did thereupon convert part of his personal estate into a real estate and did thereupon
purchase the said manor and lands called Greenlands in the county of Buckinghamshire of Sir
Bulstrode Whitlocke and that he paid £5,000 part of the purchase money and conveyed back and
mortgaged the same to the said Sir Bulstrode Whitlocke for securing the payment of
the sum of £2,000 residue of the purchase money and that shortly
after he made such will upon such trusts as by the bill was set forth and that by the
said will he devised his said real and personal estate to the said Sir Edward Alston and the
defendants Joseph Alston, Richard Chandler, and him the defendant William Cole upon such
trusts and upon such uses as by the bill was also set forth and that the said Penning
Alston after died having made the said Sir Edward Alston, Joseph Alston and
Richard Chandler and him the defendant Cole executors who proved the said will and took
upon them the execution thereof and of such trust to them thereby committed and
the said defendant by his answer insisted that he did not believe the said complainants Edmond
and Sarah were legally intermarried for that he did believe the said Sarah
before her father's death was married or at least contracted to the said Skinner
and believed she was not legally acquitted and discharged thereof and therefore
insisted that the trust ought to remain in him and the other trustees for the
benefit of the contingent legatees in the said bill named according to the said
3)
Notes
* [_] answer - written in the margin of the manuscript. The first word is cut off by the image taken, but likely says 'Cole's'.

Penning Alston's will and said that he had annexed to his answer an
account of his receipts and disbursements in and about the said trust which he prayed
*Chandler's answer:
might be part of his answer. And the defendant Richard Chandler by his
answer (amongst other things) said and confessed that the said Penning Alston
being seised as in the bill did upon the allegations in the bill purchase the said
manor of Greenlands of Sir Bulstrode Whitlocke and paid part of the purchase money
and conveyed the said lands for securing the sum of £2,000 the residue of the purchase money and
that afterwards the said Penning made his will to such effect as in the bill and made him the
defendants Sir Edward Alston, Joseph Alston, and William Cole executors and that the said executors
had taken upon them the said trust and that he was willing to perform the same on his
part and confessed that the complainant Sarah upon application made to the Court of Arches was
legally freed and discharged from the said pretended marriage and contract with the said
Skinner and that such treaty, articles, and agreement were after had touching the intermarriage
of the complainants Edmond and Sarah and such marriage had and solemnised between them as
by the bill was also set forth and that the said Sarah being so discharged of the said
pretended marriage or contract with Skinner and duly married to the complainant Edmond was
well entitled to the marriage portion devised to her by her father's will and that the said
manor of Greenland ought thereupon to be sold and the said marriage portion paid
accordingly in all which the defendant by his said answer submitted to the judgement of the complainant.
*[_] Alston's Answer:
And the defendant Joseph Alston by his answer (amongst other things) said and confessed
that the said Penning being seised of the lands in Suffolk in the bill named and of a
considerable personal estate of 6 or £7,000 was willing to bestow on the said complainant
Sarah £8,000 and had heard that about that time there was a scandalous report of
her being married or contracted to the said Skinner which he believed occasioned the
breaking of the said match and *insensed the said Penning to turn his personal estate
into a real to be settled as in the bill was set forth and thereupon purchased the said
manor of Greenlands as in the said bill was also set forth and afterwards made
such will upon such trusts as in the bill was set forth and that afterwards he died
and made the said Sir Edward Alston, Richard Chandler, William Cole, and him the defendant
Joseph Alston executors who took upon them the said trusts but that he never
received any of the rents or profits of the said premises other than in his answer confessed
and further by his answer said that he believed the complainant Sarah obtained
such sentence and freed herself from the said Skinner's pretences as in
the bill was set forth and that thereby she was fully cleared from that scandal and
believed Sir Edward Alston and Judith Alston were consenting to the complainants Edmond and
Sarah's intermarriage and that he the defendant did condescend thereto but that he did not
engage himself for payment of the said portion further than become a trustee and
saved that he believed that such articles were entered into upon the said marriage as
by the said bill was alleged and that the said Sarah being so cleared and married as
aforesaid the portion ought to be paid her according to her said father's will and that the
said lands ought to be sold accordingly and submitted to the court what was lawful for him
to do in the premises in order to the performance of the said trust so as he might be
*[_] Alston's answer:
saved harmless by the decree thereof. And the defendant Judith Alston by her answer
(amongst other things) said that she believed that the said Penning Alston was seised
of the lands in Suffolk and of such personal estate as in the bill was set forth and that he
made such disposition thereof as by the bill was also set forth and thereby (amongst
other things) devised to her his house in Aldersgate Street and the furniture thereof and
£200 in money in satisfaction of what she could claim out of his personal estate by
the custom of the city of London and that the said Penning Alston by his will took
notice of his having contracted for the purchase of Greenlands and that he had paid
part of the purchase money and appointed conveyances thereof to be made to Sir
Edward Alston and the other defendants Joseph Alston, Richard Chandler, and William Cole upon trust
4)
Notes
*Chandler's answer / [_] Alston's answer - written in the margin of the manuscript. 'Joseph' and 'Judith' may precede Alston respectively, as part of the margin is cut off by the image taken.
* insense - to impress or imbue firmly with a fact or idea; instruct; inform
(https://www.merriam-webster.com/dictionary/insense)

Translations by C. L. O'Sullivan BAHONS, GDARTS. April 2022
<cathrinny@gmail.com>

21. Estate of Penning Alston: Settlement Harrington v Alston, 30 Apr 1677, Part 2.
Office copy of Chancery decree in Harrington v Alston. The main provisions are for Joseph Alston to surrender his trust under Penning Alston's will; Judith Alston to execute a quit claim to dower in the estates of her husband; Richard Chandler to execute the trust by sale of the Manor of Greenlands and properties in Co. Bucks, and the Manor of Knettishall and other Suffolk properties, and out of the proceeds to pay an annuity of L120 for life to Judith Alston, and L4000 to William Harrington and John Thompson as the marriage portion of Sarah Harrington, and to secure L2000 for the increase of the said marriage on the death of Judith Alston. (10 sheets of paper joined at head, outer sheet torn; contemporary marginal glosses in various hands)
Alston Archive Bury HA 541 2584/26.
Transcribed May 2022 by C. L. O'Sullivan, of Christchurch NZ.

Cont.
out of the profits to pay to her the defendant Judith £200 per annum for her life in
lieu of her dower and believed there was such condition in the said will touching the
complainant Sarah's legally freeing herself from the said Skinner as in the bill and
that the said Sarah did free herself accordingly and was entitled to her portion as
by the will and by her said answer confessed the marriage agreement
and that she the defendant assented to the said marriage and testified the same by being a
party to the agreement and the said defendant by her answer further said that as
matters had been ordered touching her husband by his will gave her £200 per
annum to be paid in the first place and that the arrears thereof being 6 years came
to £1,200 of which she had not received above £300 yet she apprehending there had
been a loss to Penning's estate by the improvidence of the defendant Cole whereby it
might fall short of what her husband intended her she out of desire to advance
her daughter the complainant Sarah was contented to take £30 as due at Michaelmas last in
full of all arrears and £120 per annum by quarterly payments clear of all taxes during
her life in lieu and satisfaction of the said £200 per annum so that the same might be well
secured and so as she might not be sued for any money she had received of the defendant Chandler
and might enjoy the said household goods and money received by the sale of the house in
*H. Grimston & Geo. Lowe's
answer:
Aldersgate Street devised to her as aforesaid. And the defendants the Master of the Rolls
and the said George Low by their answer (among other things) admitted the trust to Sir
Edward Alston and the other trustees in the will named and believed the said Sarah was legally
discharged of the said pretended contract with Skinner and that she was legally married to the
complainant Edmond and that the said Sir Edward Alston dying possessed of a considerable personal
estate before the bill exhibited did in his lifetime that is to say on or about the 24^th of
November 1669 make his last will and testament in writing and thereof the said defendants
executors but that the said George Low only proved the said will the Master of the Rolls not
intermeddling with the said estate and the said George Low said that he had annexed to his
answer an extract of an account as well of the monies received in pursuance of the
said trust as of all deeds and writings come to his hands touching and concerning the
estate of the said Penning Alston and all the said defendants concluded their
answers with the general traverse to which answer of the said defendants
*replication
the complainant replied and thereupon the said parties descending to issue diverse
witnesses were examined in the said cause the depositions of which witnesses
were duly taken and published according to the ancient and usual rules of this
court as by the said several pleadings of bill, answers, replications, examination
of witnesses, and other proceedings all of them remaining of record in this
honourable court more at large appears and the said cause thus depending this
*May first hearing
present 15^th day of May was by this court appointed for the hearing thereof
on which day this cause coming to be heard before the right honourable the Lord
Keeper of the Great Seal of England in the presence of counsel learned on
all sides the substance of the complainants' bill and the defendants' answer appearing to be
as is before recited and it appearing at all the defendants by their said answers
(amongst other things) acknowledged that the said Penning Alston was in his life
time seised and possessed of the manor, lands, and tenements in the bill mentioned in
such manner as by the bill was set forth and also of a considerable personal
estate but that neither the real nor the personal estate was of the value set forth
by the bill and that the said Penning had one only child the complainant Sarah his sole
daughter and heir and that being so seised and possessed and a report being raised
of the said Sarah's being married or contracted to the said Skinner in the bill
5)

Notes from the margin:
*H. Grimston & Geo. Lowe's answer: - appears as the first of many notes written in a different hand in the left hand margin of the manuscript. These notes are either brief summaries of sections of the main text or pointers for what is being discussed
*replication
*May first hearing

named did thereupon convert part of his personal estate into a real estate and did
thereupon purchase the said Manor and lands called Greenlands in the county of Buckinghamshire
of Sir Bulstrode Whitlocke and that he did pay £5,000 part of the purchase money and
conveyed back and mortgaged the same to the said Sir Bulstrode Whitlocke for securing
of the payment of the sum of £2,000 residue of the sum of £7,000 agreed to be paid for the
same and that shortly after he made such will and upon such trusts as by the bill is set
forth and that by the said will he devised his said real and personal estate to the said Sir
Edward Alston and the defendants Joseph Alston, William Cole, and Richard Chandler upon such
trusts and upon such uses as by the bill was also set forth and that the said Penning Alston
shortly after died having made the said Sir Edward Alston, Joseph Alston, William Cole, and
Richard Chandler executors of his said will and they took upon them the execution thereof
and of the trust thereby to them committed and all the defendants (except the defendant Cole)
confessed that the complainant Sarah upon such application made to the Court of Arches (as by the bill)
was legally freed and discharged from the pretended marriage and contract with Skinner
by sentence definitive of the said court and that such treaty, article, and agreement
were after had touching the intermarriage of the complainants Edmond and Sarah and such
marriage had and solemnized between them as by the bill was also set forth
and that the said Sarah being so discharged of the said pretended marriage or contract
with Skinner and duly married to the complainant Edmond was well entitled to the marriage
portion devised to her by her father's will and that the said manor and other the
premises at Greenland ought thereupon to be sold and the said marriage portion paid
accordingly and it was further insisted by counsel for and on the behalf of the defendant
Chandler that the defendant William Cole having by his answer scandalously contested
the complainant Sarah's marriage and obstinately refused the payment of her marriage
*8^th July 1671
portion the matter came to be heard the 8^th day of July 1671 before the Lord Keeper
Bridgeman assisted with Mr. Justice Twisdon and that upon reading the said Penning
Alston's will and the definitive sentence of the Court of Arches in the causes and a
renunciation of all appeals of nullity under Mr. Skinner's own hand this court declared
that the matter of the pretended marriage or contract with Skinner ought not to be
*decreed
drawn into any further examination in this court having been determined in
the proper court and then ordered and decreed by the defendant Cole's consent
(amongst other things) that he should release his trust and interest under the will to
the defendants Joseph Alston and Richard Chandler and give them a letter of attorney to
use his name in receiving debts standing out and the complainants and defendants and the Duchess
of Somerset to release to Cole and his account to be taken according to his answer
and he to have his costs and that the said releases were settled and executed accordingly but
before the same could be effected by reason of the defendant Cole's obstinate willfulness in
standing out all process of contempt and *[_] several writs of habeas corpus issued
to bring the said Cole to the bar in order to compel him to the performance of the said
decree and order of this court whereby a very great loss and damage happened to the
estate of the said Penning Alston and it was further insisted that the said William
Cole having always opposed the execution of the said Trust and to that end having
endeavoured to get the said mortgage of Greeneland into his hands the defendant Chandler
for saving of the estate from coming into the hands of the said Cole who was then
a prisoner in the King's Bench was necessitated by monies of his own to purchase
in the said mortgage from Sir Bulstrode Whitlocke besides several considerable
*the great charges Chandler
had been out
sums of money more of his own proper estate which he had been out in performance
6)

Notes
*[_] - a word I am unable to decipher. Appears as a symbol or abbreviation.

Notes from the margin:
*8^th July 1671
*decreed
*the great charges Chandler had been out



and management of the said trust over and beyond what he had received out of the estate of the
*Bucks lands to be sold as
the court think fit
said Penning Alston whereby a great loss was like to come to his proper estate yet
he was willing that the said manor and lands and other the premises in the county of Buckinghamshire
should be sold as this court should think fit and the marriage portion raised and paid by the
moneys to be raised by the said sale so as the manor of *Kneteshell and other manors,
*Suffolk land to be sold
to raise money
lands, and premises in Suffolk may in the first place be sold and he receive the moneys to be
raised by sale thereof towards the reimbursement to him of such monies as he had been
out in purchasing in the said mortgage and otherwise in management of the said trust over
and above his receipts and so that in the meantime and until the said Suffolk lands should
be sold he might receive and enjoy the rents, issues, and profits thereof towards payment
of the interest of the monies which he was so out as aforesaid and so as the said
marriage agreement might be performed on the complainants part and a settlement made for the
jointure of the complainant Sarah and her children according to the agreement and it was
further insisted on the behalf of the defendant Chandler that this cause being brought to
a hearing against the defendant Joseph Alston upon bill and answer before the Lord
*Feb. 72 Jos. Alston to release to
Chandler
Chancellor Shaftesbury the 10^th of February 1672. It was then decreed (inter alia) that
the said Joseph Alston should release all his estate interest under the said will
to the defendant Chandler and he to see the trust executed so far as the estate would reach
and the complainants and defendants Richard Chandler and Judith Alston and the Duchess of Somerset to
seal releases to the said Joseph Alston in such manner as they did to Cole and the said
*the order of the Earl of
Shaftesbury Joseph Alston to
account
Joseph Alston to account to the defendant Chandler for what he had received and of the
said real and personal estate all just allowances being made but that the said decree
was not yet executed and it was therefore prayed that the defendant Alston might account
to the defendant Chandler for the said monies toward reimbursement of the monies by him
laid out in performance and by reason of the said trust and it was insisted by the defendant
Joseph Alston's counsel that he had by his answer given an account of such monies
as were received by him out of the said estate and were remaining in his hands and
that he was willing to release to the defendant Chandler according to the former
decree so as in so doing he might be protected by the decree of this honourable court
and the defendant Judith Alston by her answer submitted that although by the will of
her said husband she ought to have been paid £200 per annum (*ultra reprises) from
the time of her said husband's decease during her natural life over and besides a house
in Aldersgate Street and several goods devised to her *in specie and the legacy of £200
and there was very great arrears of the annuity of £200 per annum yet apprehending
there had been loss to the said Penning's estate by the improvidence and willfulness
of the defendant Cole and otherwise whereby it might fall short of what her husband intended
her and the complainant Sarah she the defendant Judith out of a desire to advance her daughter
*_ Alston £30
and accomplish the marriage settlement was contented to take £30 as due at Michaelmas last in
full of all arrears of her £200 per annum according to at least £1,000 and £120 per
annum thenceforth by quarterly payments clear of all taxes and payments during her
life in satisfaction of her £200 per annum and so as the said £120 per annum might be well secured to her
and she not to be sued for any monies she had received of the said defendant Chandler
and might enjoy the household goods and monies received by sale of the house in Alders-
-gate Street devised to her as aforesaid and so as a settlement might be made on
her daughter the complainant Sarah and her children according to the agreement on
marriage. And it further appearing by several answers of the defendants the Master of
the Rolls and George Low that the said Sir Edward Alston dying possessed of a considerable
personal estate before the bill exhibited did in his lifetime (that is to say)
7)

Notes
* Kneteshell - variant spelling of Knettingshall
* ultra reprises - ultra - Latin for beyond/ outside of; reprises - a deduction or charge made yearly out of a manor or estate
(https://en.wikipedia.org/wiki/List_of_Latin_legal_terms)
(https://www.merriam-webster.com/dictionary/reprise)
* in specie - in coin
(https://www.merriam-webster.com/dictionary/specie)

Notes from the margin:
*Bucks lands to be sold as the court think fit
*Suffolk land to be sold to raise money
*Feb. 72 Jos. Alston to release to Chandler
*the order of the Earl of Shaftesbury Joseph Alston to account
*_ Alston £30 - contains a word I'm unable to decipher


on or about the 24^th of November 1669 make his last will and testament in writing and thereof the
defendants executors but that the defendant George Low duly proved the said will the Master of the Rolls
not intermeddling with the said estate and that the said George Low hath annexed to his answer
an extract of an account as well of monies received by the said Sir Edward Alston out of the
estate of the said Penning as of monies paid in pursuance of the said trust and of all deeds
and writings come to his hands touching and concerning the estate of the said Penning
this court thereupon and upon producing and reading of the definitive sentence of the
Court of Arches under the seal of the said court and of the renunciation of all appeals there
from and under the hand and seal of the said Edward Skinner and also of Penning Alston's
will and the articles and several indentures of agreement made upon the intermarriage of
the complainant Edmond and Sarah and upon long debate of the matter and reading the proofs
taken in the cause and consideration had of what was alleged and insisted on, on all sides
declared the complainant Sarah was legally freed and discharged of and from the said pretended
marriage or contract with the said Edward Skinner and that she was duly married the
complainant Edmond and thereby justly entitled to the legacy and marriage portion devised to
her by her father's will and thereupon did order and decree and it is this present
day (that to say) on Saturday the 15^th day of May in the 27^th year of the reign of our
most gracious Sovereign Lord Charles the Second by the grace of God of England, Scotland,
France, and Ireland King Defender of the faith etc., by the Right Honourable Heneage Lord Finch
Baron of Daventry Lord Keeper of the Great Seal of England and by the power and
*27 62 Alston to release to
_ and …
to _ Alston to release
_ order Chandler to execute the
to sell _ lands according to
then it must be intended
_ to have his charges and the
…
authority of this high and honourable Court of Chancery ordered, adjusted, and decreed
that the defendant Joseph Alston do according to the said decree release the trust to the
other defendant Chandler and that the said Richard Chandler do execute the trust
according to the said will in that behalf by sale of the several lands thereby
appointed to be sold for the several purposes of the will and the defendant Richard Chandler
do himself and also procure all person and persons having or claiming any estate
of or in the said manor of Greenland and other the lands and premises in the county of
Buckinghamshire in trust for the said Richard Chandler with all convenient speed and for
so much money as can be obtained for the same sell and dispose of the said
manor of Greenland and other the lands and premises in the county of Buckinghamshire freed and
discharged of the said mortgage and it is by the authority aforesaid also
*decreed
ordered, adjudged, and decreed that either by the said lands in the county of Buckinghamshire
*£120 …
… to _ Alston
out of the lands in
Bucks
or the monies arising by sale thereof there shall be in the first place well and
sufficiently secured £120 per annum to be paid to the defendant Judith by quarterly payment
for her life free and clear of all taxes and deductions whatsoever in full satisfaction
of her £200 per annum annuity and that the said Richard Chandler do according to
the articles made upon the marriage of the complainants Edmond and Sarah upon the
exemption of a marriage settlement according to the said agreement pay unto the complainants
William Harrington and John Thompson £4,000 out of the monies to be raised by sale
*The will … charges and
expenses
of the said manor and other the premises for or towards the marriage portion devised
to the said Sarah by her father's will and £2,000 other part of the monies to be
raised by such sale as aforesaid or so much thereof as the said manor of Greenland
will reach after the £4,000 deducted is to be paid out upon security such as the Master
hereafter named shall direct so as the same upon the death of the said Judith Alston
may be paid in further increase of the said Sarah's marriage portion if she should
survive her mother or to such child or children as shall be then living in case
Sarah be dead according to the true intent and meaning of the said Penning's will
*the £2,000 to be paid to _
… will
and the said articles and indentures of agreement made upon the said marriage and
8)

Notes from the margin:
*27 62 Alston to release to _ and … to _ Alston to release _ order Chandler to execute the to sell _ lands according to then it must be intended _ to have his charges and the …
this note and others following contain missing words as the margin is cut off by the image taken and/ or other words I'm unable to decipher
*decreed
*£120 … to _ Alston out of the lands in Bucks
*The will … charges and expenses
*the £2,000 to be paid to _… will


on payment of the said £4,000 and securing the £2,000 or so much as shall be
remaining after the said £4,000 deducted as aforesaid the said William Harrington and
John Thompson are at the same time to make and execute or to procure to be made and
executed unto the defendant Chandler a sufficient release and discharge of all the covenants and
agreements in the said marriage articles contained on the part of the said defendant Chandler
and the said William Harrington and John Thompson shall make and execute or procure
to be made and executed at the same time likewise such settlement of the estate upon the complainants
Edmond and Sarah and their issue of a good and clear title free of encumbrances
according to the said articles and several indentures of agreement made upon the said
marriage and in the meantime until the said lands shall be sold and the £4,000 part
*_ intended that Chandler is to
keep the _
of the marriage portion paid and the £120 residue of £200 per annum to be paid to the
defendant Judith Alston be secured to be paid as aforesaid the defendants Joseph Alston and
Richard Chandler and all other persons claiming in trust for them or either of them
are to permit and suffer the defendant Judith Alston from Michaelmas last past in the first place to receive
her annuity of £120 per annum clear of all taxes and deductions out of the rents, issues, and
*_ Chandler _ to the rents _
…
profits of the said manor of Greenland and other the premises in the county of Buckinghamshire and they
are to permit and suffer the complainants Edmund and Sarah to receive the residue and remainder
of the rents, issues, and profits of the premises as they shall arise and grow due in lieu
of interest for the £4,000 portion until the same be paid and the defendant Chandler is to pay unto
the defendant Judith Alston if she have not already received the same the sum of £30 in
full discharge and satisfaction of all arrears of her annuity of £200 per annum to Michaelmas
Day last and thereupon and on securing the £120 per annum for the future as aforesaid the
defendant Judith is to execute to the defendant Chandler a general acquittance, discharge, or release
for the same and the defendant Chandler is at the same time to execute to the defendant Judith
a general acquittance or release for all monies received of him or otherwise out of the
estate of her said late husband by the said Judith before that time and it is by
*decree as said shall
for Chandler to sell Knetishall
in Suff. for payment of debts …
and out of the purchase money satisfy
himself the money he hath expended
on purchasing Greenland
the authority aforesaid further ordered, adjudged, and decreed that the defendant Richard
Chandler shall sell and dispose of the manor of *Kneteshell and other the lands and
premises in the county of Suffolk by Penning's will devised for payment of the debts and
legacies appointed to be paid thereby for the best price that can be obtained for the
same and the defendant Richard Chandler is out of the purchase money to satisfy himself
in the first place for such money as he hath expended in purchasing or buying in of the
*and _ himself out of the purchase
money whose further charges and
expenses that he _ been _ in
execution of the trust
mortgage charged upon the manor of Greenland and other the premises in the county of
Buckinghamshire the same being a debt with the lands in Suffolk ought to satisfy by the will
and also towards reimbursement of himself those further charges and expenses that he hath
*…
been at in the execution and management of the trust or any ways in relation thereunto
and to the intent that the said lands may be freed of all encumbrances and made the more
ready for sale the defendant Judith is to is to execute and deliver unto the defendant Chandler a
release of all her right and title of thirds and dower of and in her said husband's estate according
to the true intent and meaning of her said husband's will, and in such manner as he the
master shall direct and the said defendants Joseph Alston and Richard Chandler are to
come to an account before Sir Miles Cooke Knight one of the masters of this court for
what hath been by them respectively received out of the said Penning's real or
personal estate upon which account they are not to be charged with more than they
have actually received nor one to be charged with the receipts of the other and the
manor is to make all fitting deductions and allowances upon the said account and
there out to make the said Richard Chandler an allowance for so much of the interest
of the £4,000 portion as hath been by him paid and the said defendant Lowe delivering to
9)

Notes
*Kneteshell - another variant spelling for Knettishall

Notes from the margin:
*_ intended that Chandler is to keep the _
*_ Chandler _ to the rents _ …
*decree as said shall for Chandler to sell Knetishall in Suff. for payment of debts … and out of the purchase money satisfy himself the money he hath expended on purchasing Greenland
*and _ himself out of the purchase money whose further charges and expenses that he _ been _ in execution of the trust
*… - indicates where the writing in the left hand margin is becoming increasingly difficult to decipher and continues for several lines. However, as shown, the notes are simply repeating/ summarising what has already been written in the main text.


the said defendant Chandler upon oath all such notes for money due from Mr. Snowe
of London goldsmith to the said Penning Alston or Sir Edward Alston as are in his hands
the said defendant Lowe shall be and is hereby discharged from any further account to be by
him made or given to any of the said parties for or touching what hath been at any
time received out of the said Penning Alston's estate by his testament Sir Edward Alston
*what is found in Joseph Alston's hands
is to be paid Chandler
and the defendant Joseph Alston is according to former order to pay unto the defendant Chandler
towards further reimbursements of the monies by him laid out in the management of
this trust all such monies as upon account shall be found remaining in his hands of
the estate of Penning Alston and in regard the said Joseph Alston is to be hereby decreed
to account the former decretal order as touching any account to be made by
*so it stands in all other
things
him to the defendant Chandler is hereby discharged and it is referred to Sir Miles Cooke Knight
one of the masters of this court to take the account who is to call before him the contingent
legatees to the intent they may inspect the said account if they think fit and upon taking
the said account the master is to examine the condition of the said Penning's estate and if he find any
deficiency therein or that the same will not reach to satisfy all debts and legacies according to
the will he is to report the same specially to this court and the said master is also to
consider of a way for securing the said £2,000 residue of the said marriage portion or
so much thereof as the said estate will reach to after the £4,000 deducted to be paid
according to directions as aforesaid and also how the said £120 per annum may be well
secured to the defendant Judith during her life which is to be provided for in the first place either
by the said lands in the county of Buckinghamshire or out of the purchase money and to direct and
see the same secured accordingly and the said master is also to see the marriage
settlement executed *[…]
of a good and clear […]
the complainant […] to make out the title upon oath and […]
is to bring in before […] all deeds, evidences, and writings come to his hands
and possession touching the estate of Penning Alston which are to be delivered and
to the defendant Chandler for the better enabling him to sell the estate and to perform the
trust as aforesaid and the complainants thereupon are to release unto the said defendants the
master of the rolls and George Low the covenants and agreements in the said articles of marriage
contained on the part and behalf of the said Sir Edward Alston his executor and administrator
to be performed and it is likewise by the authority aforesaid ordered, adjudged, and
decreed that the master of the rolls, the defendant George Low, and the rest of the defendants
in doing and performing what is herein and hereby ordered shall be saved harmless
against all persons hereby. *Vobis igit. prefat. Josepho Alston, Rico Chandler,
Willo Cole, Georgio Low, et Judithe Alston vid. precipum firmit. injungend qd. omio.
et singula in judicio sine decreto perdco. content. et spificat quancum et quond vos
seu vrm. aliquein in aliquo tangunt vel con[?]ut faciatis et perimpleatis et vrm.
ciuus quisqr. faciat et perimpleat iuxta tenorem effectu. et veram memoend judicii sive
decret. perdct. et hoc *… [om?]ittatis nec omittat vrm. aliquis quovisinodo test.
me ipo. apud West*… Apri. ac. rin. uri. vicesimo nono
Grimston Parkins
10)

Notes
*[…] - indicating where there are holes and/or surrounding damage in the manuscript
* the Latin section continues for the final 7 lines, heavily abbreviated and partly damaged

Notes from the margin:
*what is found in Joseph Alston's hands is to be paid Chandler
*so it stands in all other things

Translations by C. L. O'Sullivan BAHONS, GDARTS. April 2022
<cathrinny@gmail.com>

22. Estate of Penning Alston: Settlement Harrington v Alston, 18 Aug 1679.
i) Judith Alston, widow of Penning Alston, Esq., of London.
ii) Richard Chaundler, Esq., of London, one of the Executors and Trustees of Penning Alston.
Quitclaims of right of dower in the Manors of Knettishall, Stanton, Hopton, and Salthouse [Knettishall], and the Manor Ewden alias Greenelands, co Bucks., pursuant to Chancery decree 15 May 1675 in Harrington v Alston. (2 parchment deeds)

Alston Archive Bury HA 541 2584/27 - 28.
Transcribed 21 March 2022 by C. L. O'Sullivan, of Christchurch NZ.

*Inter Edmundum Harrington et Sara
ux eius et alii gentes Richardum Chaundler
Ar. et al. *Deftes.

I do allow of this release and appoint the same
to be executed by the within named Judith Alston
pursuant to an order of the fifteenth day of May *[_]
*septimo Car. Secundi made between the
said parties in the aforesaid cause.
Miles Cooke

Sealed and delivered in the
presence of Mr. Prichard
Jon *Porandress
Peter Clayton
John Davis
John Stone

*Mr. Alston releases

Notes
* Inter - the Latin reads 'between Edmund Harrington and Sara his wife and others, Richard Chandler Esq. and others'
* Deftes - defendants
* [_] - cannot be read due to damage on both manuscripts
* septimo Car. Secundi - means seventh (assuming the 27^th year of the reign of) Charles Second
* Porandress - seems an unusual name
* Mr. Alston releases - written upside down at the bottom of the manuscript

To all *Christian people to whom these *presents shall come, I Judith Alston late wife of Penning Alston
of London Esquire late deceased send greeting, in our Lord God everlasting know ye that I the said Judith Alston in obedience to a decree made in the High Court of Chancery the fifteenth day of May in the seven and twentieth year of the reign of our sovereign Lord Charles the Second by the grace of God of England, Scotland, France, and Ireland King defender of the faith in a certain cause then and there depending between Edmond Harrington Esquire and Sarah his wife and others plainants, Joseph Alston of London merchant and Richard Chandler and others defendants and also for and in consideration of the sum of five shillings of lawful money of England to me the said Judith Alston in hand paid before the ensealing and delivery hereof by Richard Chandler of London Esquire one of the executors and trustees of my said late husband Penning Alston deceased have devised, released, and forever quitclaimed and by these presents do clearly and absolutely remise, release, and forever quitclaim unto the said Richard Chandler his heirs and assigns all and all manner of dower or thirds and right and title of dower or thirds whatsoever which I the said Judith Alston now have, may, might, should, or of right ought to have or claim of, in, or out of the manors of Knettishall, *Salehouse, Stanton, and Hopton in the county of Suffolk and the manor of Ewden alias Greenelands in the county of *Buckinghamshire and of, in, or out of all and every other the manors, messuages, lands, tenements, and hereditaments whatsoever which were the said Penning Alston's at any time during the coverture between him and me the said Judith Alston and all and all manner of actions and writs of dower whatsoever so as neither the said Judith Alston nor any for me or in my name any manner of dower or writ or action of dower nor any manner of right or title of dower of or in the said manors, lands, tenements, and hereditaments nor of or in any part or parcel thereof at any time hereafter shall or may have or claim or prosecute against the said Richard Chandler his heirs or assigns but of and from the same shall from henceforth be utterly debarred and forever excluded by these presents, in witness whereof I the said Judith Alston have hereunto set my hand and seal the eighteenth day of August in the one and thirtieth year of the reign of our said sovereign Lord Charles the Second of England, Scotland, France, and Ireland King defender of the faith etc., and in the year of our Lord God one thousand six hundred seventy and nine.

Notes
* Christian - abbreviated to 'Xtian' (spelled Xþian) using the letter thorn (Þþ) in place of 'th' (https://en.wiktionary.org/wiki/Xtian)
* presents - legal term used in a document or deed to refer to itself (plural only)
(https://en.wiktionary.org/wiki/presents)
The whole formula 'to all whom these presents shall come' translates to 'to whom it may concern'
(https://www.proz.com/kudoz/english/law-general/4723577-to-all-whom-these-presents-shall-come-greeting.html)
* Salehouse - referred to elsewhere as Salthouse
* Buckinghamshire - abbreviated as Bucks

Translations by C. L. O'Sullivan BAHONS, GDARTS. April 2022
<cathrinny@gmail.com>

Penning married Judith WILLIAMS [11223] [MRIN: 3749] on 2 Jan 1637/38 in St Mary at Hill LND.

Penning next married Judith CHANDLER [3428] [MRIN: 1160], daughter of CHANDLER [35179] and Unknown, before 3 Feb 1647/48. (Judith CHANDLER [3428] was buried on 18 May 1683 in St Botholph Aldersgate City.)