Will - John Aglionby,1729

Archideaconal Will 1729 #89, Braddan, of John Aglionby:

John Aglionby of Douglas Esq. being sick of body but of sound mind and memory made his last will and testament on the third day of December one thousand seven hundred and twenty nine in the presence of Mr. Andrew Savage and Richard Jennett in the following manner and words viz:

In the Name of God Amen I leave and bequeath to my well beloved servant Nicholas Fittzsymons all my substance and effects of what kind soever whether money or goods which I die possessed of or to which I have a right or title in the Isle of Man or elsewhere, he paying & discharging my funeral expenses, and my just debts contracted in the Isle of Man. In witness whereof we the above Andrew Savage and Richard Jennett have here unto put our hands.

Andrew Savage, Richard Jennett

February 7^th 1729/30

The witnesses of this will have deposed the same to be the last will of John Aglionby Esq. and the executor herein mentioned is sworn in form of law before – John Curghey

Pledges to pay all debts as far as goods will extend Mr. Andrew Savage and Mr. Richard Jennett, the above []

[2]

April 27^th 1730

Edward Nash enters a claim against the executor of John Aglionby Esq. for the sum of £37 18s 1d British value and craves the law.

May 8^th 1730

Captain John Oates enters a claim against the executor of John Aglionby Esq. for twenty shillings etc.

May 15^th 1730

Mr. John enters a claim against the executor of John Aglionby Esq. for the sum of five guineas and craves the law

June 2^nd 1730

William Christian of Kirk Marown (in behalf of his sister Abigail Cottier) enters a claim against the executors of John Aglionby Esq. & craves the law fore the sum of ten shillings English value

5^th August 1730

Mr. Charles Killey, merchant, enters a claim against the executor of John Aglionby Esq. for the sum of seven pounds eighteen shillings & 9½d Manx value & craves legal trial

October 20^th 1730

Samuel Gorrell enters a claim against the executor of John Aglionby Esq. for the use of some bedding let unto the said Aglionby for 4 years time at 15 shillings per annum & craves the law

[3]

December 16^th 1730

Mr. Edward Nash enters a claim against the executor of John Aglionby Esq. for the sum of seventy three pounds nine shillings British value and craves legal trial

Eod Die & Anno

Captain Paul Bridson enters against the executors of John Aglionby Esq. for the sum of 12 shillings British etc.

February 17 1730/31

Mr. William Fine enters a claim against Mr. Aglionby's executor for the sum of 6 shillings 0d? & craves the law

[4]

A true and perfect inventory of the effects of John Aglionby Esq. valued by us four sworn men, whose names are hereunto subscribed, is as follows

an old blue cloth valued at	3s 6d
a brown coat and britches and an old flowered vest	10s 0d
an old night gown	2s 0d
an old pair silk stockings	2s 6d
a pair of cotton do.	4d
a pair of old worsted stockings	2d
a gold ring	12s 0d
a silver seal	5s 6d
a red rug	2s 0d
an old blanket	8d
a parcel of old boards	6d
a tobacco box	3s 0d
a small picture silver backed	3s 0d
2 books	1s 6d
an old hat	6d
a silver watch	£1 10s 0d
a pair silver buckles	6s 0d
8 shirts	9s 4d
2 periwigs	8s 0d
a pair of sheds?	8d
an old night gown	3s 0d
a suit of clothes silver trimmed	£1 15s 0d
7 chairs	7s 0d
an old chair	6d
a bedstead and suit of curtains	8s 0d
an old trunk	3s 0d
an old table	1s 2d
3 books	9s 0d
a chest	4s 0d
a cupboard and brush?	3s 0d
	£8 6s 10d
an old Written History	4d
	£8 7s 2d

p 5

This within account is a perfect Inventory of the said effects – witness our hands this 29^th June 1731

Robert Lewin X my mark

Silvester Kewish

John Cowley X my mark

William Corlett

More added to the within Inventory A parcel of Goods that Samuel Gorrell pretends to viz:

an old rug and blanket valued to	1s 6d
an old coverlet	4d
two old feather beds, 2 bolsters and two pillows	19s 2d
an old blanket	4d
3 old chairs	3s 0d
	£1 4s 4d

The above effects which Samuel Gorrell pretends to – upon hearing in the Spiritual Court – Gorrell made out the property thereof and recovered the same.

More added to the within inventory

To the sum of £81 5s 7¼d recovered off Mr. Pat Savage by the decree of court.

p 6

Twenty-two? Guineas

Five Lewidores
A pocket piece
One Spanish piece

All which was taken out of the purse of Mr. Aglionby immediately after his death

Witness

John ? Wittam

Richard Joyner

December 3^rd 1729

Part of Mr. Aglionby's Inventory

p 7

To the Revd. Ewan Moore, curate at Kirk Andreas

Sir

You'll be pleased to insert in the accounts I sent by Captain Brett to the consistory as recovered from Mr. Savage and for which a blank is left the sum of £81 5s 7¼d British and send me a copy of the whole by the barer for which I shall gratefully pay you at meeting having urgent occasion for the same which favour will oblige your humble servant

Nicholas Fitzsymons

10 March 1732/33

Brought over - British £19 16s 4½d

expenses in recovering the effects etc amount altogether Manx £4 13s 1d – this in English	£3 19s 10d
funeral expenses etc as above British	£19 16s 4½d
cloth for mourning	14s 0d
on Mrs. Cole's account	3s 7d
charges & expenses before, British value	£24 13s 9½d

Memorandum

More follow

p 8

1729 December 4:

Nicholas Fitzsymons as John Aglionby Esq's executor to Andrew Savage Dr

to 46 yards of mode for Mr. Aglionby's funeral @ 2s 6d per	£5 15s 0d
to 6 yards lute stringfor do. for do. at 3s 6d per yard	£1 1s 0d
to 16 yards small ribbon at 2d Manx per yd English	2s 3½d
to 4 doz. claret at 6s per	£1 4s 0d
to 11 gallons brandy at 2s 2d per	£1 3s 10d
to 6 ½ yards white calico for his shirt at 2s 6d per	16s 3d
to ¼ yard cambric at 12s	3s 0d
to 2 yards lute string at 3s 6d	7s 0d
to Mr. Toren's bill of fare for the Governor and Castletown gent etc.	17s 9½d
to cash to Mrs. Tobyn for making the sheet	2s 0d
to Mr. Phil Moore's bill of necessaries	8s 0d
British	£12 0s 2d

More expenses on account of the funeral etc.

to the washerwoman	£1 12s 0d
to ale for the funeral	£1 5s 9d
to making the grave	1s 2d
to colouring a pair of stockings	4d
to Daniel Christian for carrying the bier	7d
to John Cowley for cloth to cover the coffin	£1 1s 2d
to William Cannell for making the coffin	12s 0d
to Robert Cannon for beer	6s 8d
to eight men for carrying the corps	4s 8d
to widow Cowin for washing the corpse	1s 2d
to Mrs. Cosnahan for his fortnight diet	18s 0d
to the two men viz. Clark & Hanlon	7s 0d
to cash to the servant maid	£1 3s 4d
to mending the windows	3s 3d
to John Quellin for handles etc to the coffin	11s 8d
to Math Kelly for gloves	13s 6d
Manx	£9 2s 3d	£7 16s 2½d
	British	£19 16s 4½d

p 9

To expenses in recovering Mr. Aglionby's effects to pay off and discharge the creditors

Brought over		£19 16s 4½d
to cash paid for drawing a petition to the Rt Revd the Lord Bishop	1s 6d
to horse hire & expenses in getting the same	2s 2d
to an action to arrest the effects in Mr. Savage's custody	7d
to horse hire & expenses	1s 11d
to do. with going with the petition to his Lordship	2s 0d
to do. with going the petition to the Archdeacon	2s 2d
to Mr. Cort to serve the action on Mr. Savage	7d
to 3 bottles of claret at Mr. Fine's when Nash & I referred our cause to Mr. Murrey & Mr. Hussey	3s 0d
to cash paid for drawing a petition to the archdeacon	1s 2d
to horse hire & expenses	2s 2d
to cash paid for a copy of the petition & will to Mr. Gell	2s 6d
to horse hire & expenses to charge Nash before the Archdeacon	2s 8d
to a copy of the account & the oaths from Mr. Moore	3s 0d
to horse hire	2s 11d
to expense that night at Ramsey being late	1s 8d
to expense & horse hire in charging before the Archdeacon	3s 6d
to do. another time	4s 0d
to cash paid Mr. Curghey for going to Douglas	8s 9d
to horse hire & expenses at the Consistory	3s 6d
to do. in going to Castletown for an appeal	1s 6d
to horse hire & expenses	2s 2d
to do. going with a second petition to the Lord Bishop	2s 3d
to cash paid Mr. Woods for a copy of the orders	1s 3d
to horse hire & expense	2s 6d
to do. going to Bishop's Court with a petition for rehearing	1s 4d
to paid a messenger for going with do. to the Archdeacon	8d
to horse hire & expenses at Kirk Michael at the rehearing	3s 0d
to horse hire & expenses at the Chancery Court relating to the action	2s 11d
to cash to the sumner for six times charging	1s 0d
to horse hire and expenses going to Bishop's Court & from thence to Kirk Andreas to Mr. Moore for a copy of the order against Mr. Savage	3s 4d
Manx	£3 11s 8d	£3 1s 4½d
	British	£22 17s 9d

p 10

Brought over		£22 17s 9d
to horse hire & expenses going to Kirk Andreas for a copy of Nash's petition	4s 1d
to expense in Ramsey all night being late	1s 8d
to horse hire & expenses to Castletown to continue the action & fees	3s 0d
to horse hire & expenses to the Archdeacon's to get an order	2s 4d
to the sumner to charge Mr. Savage to account with me	4d
to do. to charge Nash to accounts with me	2d
to the sumner to charge Nash to Kirk German	4d
to going to get a copy of the order when the Archdeacon admitted Nash to his oath at Kirk Braddan horse hire & expenses	2s 4d
to coming a second time the Archdeacon being on northside	3s 0d
to going with a petition to the Archdeacon	1s 2d
to renewing a fresh action	7d
to Mr. Cort to arrest the effects in Savage's hands	7d
to horse hire & expenses	1s 10d
Manx	£1 1s 5d	18s 4d
to cash paid Mrs. Katherine Halsall for 9 yards cloth for mourning		14s 0d
	British	£24 10s 1d

Charges on Madam Cole's action being a debt to the testator

to an action	7d
to horse hire & expense	2s 6d
to Captain Slater to arrest her	1s 2d
	4s 3d	3s 7d
		£24 13s 8d

p 11

Further expenses on the same account

to diet & lodging for a twelve month is due from the testator	£5 0s 0d
to an attorney for going twice to Kirk Michael	£1 4s 6d
to due as lent money from the testator	£4 0s 0d
to due for wages	£36 0s 0d
to a journey to Kirk Michael to get the appeal accepted attorney's fee included	18s 0d
to expense in prosecution of Nash's appeal four courts & horse hire	£1 0s 0d
to attorney's fee	£3 0s 0d
to defending Mr. Savage's appeal five courts & expenses of horse hire & petitions for a hearing	£1 5s 0d
to attorney's fees	£5 0s 0d
to copies of the decrees	10s 0d
to his loss of time, diet, trouble etc for three years in prosecution of the said causes for which he refers himself to the judicious consideration of the court

All which I give in as charges on accounts of the expenses etc as before mentioned with the annexed inventory and additions to be made as recovered by law at any time hereafter by me

Nicholas Fitzsymons

pp 12-14

To the Revd John Kippax, Archdeacon of this diocese

The humble petition of complaint of Nicholas Fitzsimmons of Douglas sole executor of the last will & testament of John Aglionby late of Douglas aforesaid Esquire deceased

Humbly sheweth: that the said John Aglionby departed this life on the 4^th day of December last having first made, declared and published his said last will agreeable to the custom & usage of this Isle [] and appointed your petitioner his whole and sole executor and legatee of all his goods, chattels, credits & effects whatsoever after his just debts should be paid in this Isle.

That the said testator was for many years before his death [] intimately acquainted and had several dealings in partnership or company with Edward Nash of Douglas merchant and advanced and paid the said Nash from time to time several sums of money which were applied to the purposes aforesaid as may more fully appear to you [] divers memorandums or journals contained in a book kept by [] said testator for that purpose as also by several articles signed by [] said testator, Nash & others & by accounts and other authentic testimonies ready to be produced as you shall direct may appear [] the said Nash's circumstances were somewhat advanced being before [] very inconsiderable but the said testator being indebted to divers [] in England the whole management and transactions of their affairs [] in the name of the said Nash.

That in or about the year 1725 the said testator and Nash took [] company with them one Francis Brown and after they had continued in company for some time the said Nash made up and delivered the said company's account to him the said Brown who ever since kept the same till very [] lately and since the testator's death the said Nash used means to pro[] the said account and now refuses to produce or show it sometimes pretending that there never was such account and at other times if such there be he is not obliged to produce it though the petitioner expressly charges [] there is such account and that there is a considerable balance due from the account to the said testator thereon as by the said account [] produced unto you as you shall direct will fully appear.

That sometime in the month of December which was in the year of our Lord 1725 the testator drew a bill of exchange upon Thomas Coates of Whitehaven merchant for the sum of fifty pounds British value payable to the said Nash or order which was accordingly forwarded by and paid to the order of the said Nash who gave the testator a promissory note bearing date the 28^th of the same December for the value of the said [] But has never since paid or discharged the said note which is still due and owing by the said Nash.

That in or about the year of our Lord 1726 the said last mentioned company was dissolved and the testator the said Nash and one Pat Savage of Douglas erected themselves into a company but the said Nash appeared on behalf of the testator and managed his part or share of the stock [] own name for the reasons aforesaid and upon their so entering into company the testator advanced the sum of one hundred and fifty pounds British value and paid the same to the said Nash who raised the like sum upon his own credit from some other person and paid the said two sums to the said Savage on the account aforesaid. But the said testator did not take any receipt or acknowledgement from him the said Nash of his having received the aforesaid sum nor did he the said Nash take any receipt from the said Savage of his having received the said 300 pounds it being contrary to the orders of the said testator that any receipt should be given for the payment of the said sum as the said Nash has since declared. And the testator did some short time afterwards advance and pay to the said Savage the sum of twenty-six pounds eleven shillings and eight pence to be applied towards the purchase of a parcel of brandy for the company's joint account as his proportion of the purchase money which said company subsisted till the testator's death but the accounts are yet unsettled and the testator's stock and profit remains unaccounted for and is due and owing to your petitioner as representative of the testator. But the said Nash with a manifest design to injure and defraud the testator and your petitioner has frequently in the most earnest and pressing manner entreated and requested the said Savage (who was keeper of the company's account) that when he made up the accounts he would do it in the most favourable manner to him for that he had a large family and was but in slender circumstances whereas the testator had money enough and no family.

That the testator a short time before he died finding the pangs of death very prevailent and being desirous to settle his worldly affairs sent to two persons of undoubted character credit and integrity in whom he reposed great confidence and in the most solemn manner took occasion to declare and communicate to them in order that they might bear testimony thereof that he the said testator, the said Nash and Savage were in company and traded jointly that a moiety of the said three hundred pounds paid by Nash to Savage at their entering into company was his proper money and that the said stock and the profit thereof was unaccounted for and was actually and bona fide due to him. To which solemn declaration the petitioner doubts not but you will have great regard.

That the said Nash has for near twelve months past been absent from this Isle and did not till very lately and within the space of three weeks or thereabouts return. Since which time your petitioner hath frequently in an amicable and friendly manner applied himself to him for payment of the said testator's stock and profit or for an account thereof and hath requested that all accounts might be fairly settled and adjusted by any two honest and indifferent persons. But so it is that the said Nash out of a manifest design to injure and defraud your petitioner and the testator's creditors of their just rights utterly refuses to come to any manner of account or to pay your petitioner any or the least sum of money or to refer the determination of the said affairs to any indifferent person. Sometimes pretending that he does not nor never did owe any money to the said testator and that he never was concerned in trade or had any other dealings with him whatever though the petitioner expressly charges and avers that the truth of the premises is as is herein before set forth and likewise that the said Nash was indebted to the said testator in his lifetime in several other sums of money advanced and lent on account of trade and merchandise as your petitioner is ready to make appear unto you which he craves leave hereafter to add with apt words to charge him therewith. And at other times he pretends and gives out in speeches that he cannot be obliged to produce or show his books of accounts to anyone nor that the petitioner will be admitted to make any proof of the several matters herein before charged but that he shall be at liberty to clear and acquit himself of the said several maters by and upon his own bare oath. Though your petitioner well hopes and doubts not but that he shall be compelled to produce his said books and papers of account and other writings touching the same and that he shall not be admitted to clear himself thereof upon his own bare oath which would tend to the utter ruin of your petitioner and to the great detriment of diverse persons claiming debts of the testator.

Humbly beseeching you that you would be graciously pleased to require the said Nash to render a true and perfect account of all and singular debts due and owing by him to the said testator in his lifetime. And that you would be pleased to require him to pay the same to your petitioner. And that in the meantime your would be graciously pleased to grant your order requiring and enjoining all persons who have any assets or effects of the said testator's in their hands that they may not deliver the same to any other persons than your petitioner that he may thereby be the better enabled to satisfy and pay off the several claimers and that you would otherwise relieve your petitioner as in equity you shall judge meet and he as in duty bound shall ever pray etc.

April the 24th 1730

Upon account of the allegations made in this petition I appoint the 30^th of this instant April for a hearing of this affair at Kirk Santon church, & upon due notice given by the petitioner to all persons concerned are then & there to appear at or before one a clock in the afternoon and in the meantime this petition is to be registered and annexed to Mr Aglionby's will.

John Kippax

p 15

At Douglas

May 31 1731 Mr. John Murrey enters a claim against the executors of John Aglionby Esq. for the sum of twenty pounds Manx currency and craves the law

E Moore Archdeacon's Register

December 7 1730 Douglas

Mr. Nicholas Fitzsymons desires notice may be taken of his claim as due from his master John Aglionby Esq. for the sum of £36 British currency due for his wages and £4 lent money of the same currency and craves benefit of the law.

J Woods Register Episcopal

p 16

Edward Nash's Will

April the 13^th 1730

Memorandum that Nicholas Fitzsimmons Mr. Aglionby's servant hath delivered this will this day to Mr. Edward Nash before me John Curghey. [see p 19]

Douglas July the 7^th 1727

In the name of God Amen.

Being this day in perfect health and memory but having occasion to travel and knowing that mankind is subject to mortality do constitute, nominate and appoint John Aglionby Esquire my true and trusty friend to oversee my children in my absence, together with all my worldly effects which I here settle as in the manner following: that is to say in case of mortality, as God forbid, I leave and bequeath my son Edward Nash £387 that is now in the hands of Mr. Patrick Savage in trade, together with all profits accruing thereon.

Secondly I bequeath to my daughter Ann Nash the houses and garden I now enjoy, that is to say my right title and interest of said premises and all the furniture of said premises and all other debts due to me, to pay off my debts,

As to my wife I leave her the interest and profit of the above sum and profit of houses to maintain and educate my children providing alway that she keep in my name, and in case either of my children should die, the survivor to enjoy all, and in case both, my brother John Nash to receive the whole, after my wife's death and in case of said John Nash's death, his nephews James and Steven Nash, to have the whole sum of money as above mentioned together with the premises - as witness my hand.

Giving all claimers 1 shilling each.

Revoking all other wills.

Edward Nash

Present

John Claige

Nicholas Fitzsymons

Tuesday

Dear Nash

As you have entrusted me with some secrets which none but the great God of Heaven and ourselves ever shall know of, so at this time I entrust you with an affair, which beside yourself, no soul breathing shall be let into. At this time I am truly pinched for money. My son the next quarter being a whole year in arrear to me, only returning me 20 guineas, protesting that what with building an expensive house, elections and other cross accidents he could not pay me till about Michaelmas next, and God knows my heart I had rather half starve myself than make him in any nature the least uneasy. Beside I am in hopes, since he has quitted parliaments, to see him here this summer, as he has often promised me. I have none upon earth to rely upon but yourself, and it goes to my heart to stress you [?], but I vow to the eternal God I would divide all I have in this world with you ,and what I have at last shall be left in your power and disposal to reimburse all your acts of friendship. Seal it up and send Jack Murphy with it to me. [] me if I shall not be ashamed to see you, and for God's sake mention not this matter one way or other to me. Also forget not to burn this, and the latter end of this summer I hope all accounts will be balanced, otherwise I must send you in to Cumberland. Fail not your real friends. Five guineas I want. JA. Faithfully yours JA.

I am so confused that I had like to have forgot the sum I want which is five guineas. I vow to [] I almost blush.

p 18

November the 14^th

Dear Nash

If ever you'll oblige me whilst you live, and I sincerely profess I would risk every thing I have in the world to serve you, I beg you'll go some time in the beginning of the next week to the northside and endeavour to raise thirty pounds upon your and my bond for six or eight months space. If poor Quayle can spare it, perhaps he may be so generous to assist us. At least he may join in the security to procure the money, and I will sooner rot and be damned than let any suffer upon my account. Beside if it come to the worst I will give them bills to receive it in March next, and the quarter following, so they may pay themselves, and then give me the remainder overplus. I hope, dear Nash, you do not distrust my honesty, or sincere intention. I shall so order and dispose my concerns the moment I get the money, that you shall be perfectly indemnified and gain by me, though I should die the very next minute. What I aim at by this request is downright ease and peace of mind, and thy favour will entirely ready me whilst I live. I have hitherto spent my time in tolerable reputation, and now to lose it, would confound me to the last degree. Good Nash consider of this, and keep every thing absolutely secret from all mankind. I am faithfully yours JA.

p 19 - To Mr. Edward Nash

p 20

Douglas, 2^nd June 1730

Mr. John Sanforth sworn in relation to the difference depending betwixt Nicholas Fitzsymons executor of John Aglionby Esquire and Mr Edward Nash, declares that he knows no more than what was commonly reported in town, viz that they were concerned in trade, and that Esquire Aglionby spoke or wrote to this deponent about a parcel of wool, and that Mr Nash bought it and paid for it. - John Sanforth

Mr. Andrew Savage sworn, declares, that the day before Mr Aglionby died, the deponent asking him what effects he had in the Island, and how he designed to dispose of them, he replied that there was three hundred pounds put into the hands of Mr Patrick Savage by Edward Nash in common trade and that half the same belonged to him the said Mr Aglionby, declaring at the same time, that he always intended to leave his effects to his servant Nicholas Fitzsymons. The deponent further declares, that he looked upon said Aglionby to be of perfect mind and memory at the said time. - Andrew Savage

Mr. George Hussey sworn, declares, that he heard Mr Aglionby say that he was concerned in trade, and within half an hour aver the direct contrary with imprecations; and that the Saturday before his death, being in Mr Aglionby's room, he desired the deponent to be civil to poor Nash at his return to the Island. - George Hussey

p 21

John Clague sworn, declares, that being witness to the will made by Edward Nash bearing the date July 7^th 1727 Mr. Aglionby looked over the will and seemed to him to be reading of it; the said will being now produced in court and annexed to these proceedings. - John Claige

Mr. Quayle Curghey sworn, declares, that in or about November 1728, he received a letter from Mr Aglionby desiring him to lend him such a sum of money as conveniently he could spare, and that he would be highly obliged to him for that favour which letter [] to him by the hands of Mr Nash. The deponent declares that he knows nothing of a letter from Mr Aglionby to Mr Nash now produced in court and bearing the date November []. Quayle Curghey

John Carlyle sworn, declares, that he asked Mr Aglionby whether or no he was concerned in trade, and that he told him he was not, and that he was ready to make oath to that purpose, if required; this was upon a certain time [] the deponent spoke to said Aglionby concerning a debt due to Colonel Johnson, which Mr. Aglionby said was about two guineas. - John Carlyle

p 22-23

Pat Savage being this day sworn to declare what he know in relation to the difference depending betwixt Nicholas Fitzsimmons and Edward Nash do say that it seemed to me that the said Nash and Mr Aglionby were equally concerned in trade. Pat Savage

the 2 June 1730

He adds that Mr Aglionby told him several times they were concerned in trade together, but whether they were so or no in reality, he could not tell, only as above, as it seemed so to him. And further that Mr Nash told this deponent, it was very hard that Mr Aglionby should run away with half the profit, but took no trouble at all, as also that Mr Aglionby did send for this deponent and assisted him in getting customers for the goods. The deponent being asked whether or no Mr Aglionby advanced any money at any time, declares that he advanced betwixt five and six and twenty pounds Irish currency for one moiety of a certain concern viz of three pieces of brandy and a quarter cask of vinegar, and this he looked upon to be upon account of Messrs Nash & Aglionby and that immediately after payment of the said money, he took a memorandum of it. - Patrick Savage

p 24

Information of Francis Browne on oath at a Chapter Court held at Douglas June the 2^nd 1730 concerning what he knows about trade between John Aglionby Esquire lately deceased and Mr Edward Nash both of Douglas is as follows:

That on or about the 12^th day of June 1726 the said Aglionby and I Francis Browne and Edward Nash entered into an article drawn by said Aglionby that the above parties should [] into Nash's hands 100 guineas each of us in [] days or thereabouts after date of said article which was to be laid out for liquor and at every three months the profit gained thereby to be paid in proportion to each party by said Nash and if any of the parties should think proper to draw out their money in five [?] months that they may do it; and pursuant to the article I Francis Browne paid into Mr. Edward Nash one hundred guineas and took his cash note for the same, and in October following the said Nash told me that as the trade of this Isle was almost lost by reason of the Act of Parliament passed against this Isle in England [] that he could not tell how to dispose of his money to get bread for his family and that I must receive my money according to our agreement which I did and gave him up his cash note then I waited on Mr Aglionby and told him that Mr. Nash paid me the hundred guineas which he seemed to be dissatisfied at it. The article that was between us was left in the hands of Mr Aglionby to keep. He told me then since I redeemed my money that there was no further occasion for the keeping the article between us. I told him there was by reason that Mr. Nash paid but the hundred guineas and did not account with me for the profit gained by it. Mr. Aglionby then gave me his hand and word that Nash should account with me fairly for the profit gained and pay me honestly. Upon which I told him that I would take his word for it upon which he took a paper out of his pocket and told me that was the article and tore it in pieces and burnt it in the fire. And in some time after I met Mr. Andrew Savage and told what passed between Mr Aglionby and me and how desirous he was to have the article destroyed, by [] believed that Mr. Aglionby did not put in the hundred guineas for if he had he could not destroy the article. Mr. Savage made me answer that his opinion was that Mr Aglionby never had so much money to spare, since he knew him. The above is truth to the best of my memory and all I know concerning any trade or dealing between Mr. Aglionby and Mr Nash as witness my hand this day and year above written. Francis Browne

pp 25-27

To the Reverend Mr Kippax Archdeacon of the Diocese of Sodor and Mann

The humble petition of Edward Nash of Douglas

Sheweth that your petitioner being defendant against Nicholas Fitzsimmons in a case relating to the fictitious effects of John Aglionby Esquire deceased, and being misrepresented to your Reverence in a false and malicious petition presented to your Reverence by Nicholas Fitzsimmons, your petitioner humbly prays that your Reverence regardless of that or any other insinuation disadvantageous to your petitioner's character will please to take the following true state of the case into your wise consideration which will manifest the plaintiff's malevolence and your petitioner's abhorrence to secreting any person's effects and the impossibility of your petitioner's subtracting the effects of John Aglionby your petitioner being out of the Island at the time of his decease whilst the plaintiff's attendance furnished such an opportunity to the possible prejudice of said John Aglionby's creditors.

In order to this your petitioner begs leave to represent to your Reverence that to avoid trouble and to show his desire of bringing this affair to a speedy issue, your petitioner desists from exposing and invalidating the plaintiff's right of administration which only entitles the plaintiff to disturb your petitioner who still desists with the same candid disposition and entirely to illustrate the dealings between your petitioner and said John Aglionby he begs leave to set forth the motives which induced him to furnish accounts to the said John Aglionby and likewise to give him several gratuities whereby arise some appearances of the said John Aglionby's being in trade, the most prevalent of which motives were the intimacies of said John Aglionby with the Whitehaven merchants by which he procured for your petitioner several consignments to your petitioner's great emolument who therefore thought himself obliged sometimes to gratify the said John Aglionby with part of the commission - very necessary for the support of the said John Aglionby and six servants who from the death of his lady to the death of his father had only forty pounds per annum to maintain his own large expense and family from these dealings mutually advantageous grew the most strict league which prompted the said John Aglionby by all methods to promote your petitioner's interest so gainful to himself and swayed him to project new schemes to advance the profitable commerce the most practicable of which schemes was the said John Aglionby's insinuating himself into the friendship of all strangers and inveigling some of them to put their money into your petitioner's hands with the most direful curses on himself that he would deposit the like sum and that your petitioner should deposit the like sum to be employed in trade although the said John Aglionby never deposited one single shilling yet he received a part profit. This traffic of the said John Aglionby's with your petitioner will lead your Reverence into the reason of some paper resembling company accounts between your petitioner and said John Aglionby calculated to assist the schemes of the said John Aglionby on the purses of strangers. Notwithstanding which nothing was ever acted between your petitioner and said Aglionby that can constitute a company or that bears a mercantile likeness to company transactions though the strongest proof appears on behalf of your petitioner that he had none of said Aglionby's effects [] is plain by a copy of the said Aglionby's letter hereunto annexed where he the said Aglionby begs us for charity for five guineas from your petitioner which could not happen if your petitioner was indebted to said Aglionby and by another of said Aglionby's letters hereunto annexed it is manifest that your petitioner could not have any effects of said Aglionby's for he the said John Aglionby declares as follows 'I shall so order and dispose my concerns the moment I get the money, that you shall be perfectly indemnified by me, though I should die the very next minute', which fully implies that that money was to be raised by your petitioner as an act of friendship to the said Aglionby for if your petitioner had the money of said Aglionby in his hands what could better indemnify him than the money and by another paragraph of said annexed letter: ‘what I aim at by this request is downright ease and peace of mind, and this favour will entirely [ready missing] me whilst I live' the which convinceth that your petitioner had no effects of said Aglionby for it is contrary to practice that a person who deposits cash should beg his own cash as a favour and in the most obsequious manner at a time when his ease and peace of mind for life depended on compliance with this prayer. If the annexed letters under said Aglionby's own hand are not indisputable proof that your petitioner has no effects of said Aglionby, your petitioner refers to the will hereunto annexed wherein the said John Aglionby is appointed trustee for the execution of the will (the contents of which were read by said John Aglionby) as appears by testimony of John Claige hereto annexed, by which your petitioner disposes of all his worldly effects to your petitioner's own family, which could not happen if the said John Aglionby was interested in said effects for the said John Aglionby is known to have had too much sense to deprive himself of and to defeat all his claim to your petitioner's effects by accepting the execution of your petitioner's last will if the said Aglionby had any pretension to any part of them which is demonstration that your petitioner does not secrete any part of the effects of said John Aglionby, your petitioner therefore recurs to your known justice and entreats your Reverence to consider and to remedy the sufferings of your petitioner by a sequestration of your petitioner's effects as if they had been said Aglionby's which sequestration seems to have been founded on a petition of the plaintiff to the Right Reverend the Bishop of this Isle (as appears by an action of arrest bearing date April the 21^st 1730) although the cause never came before the said Right Reverend Prelate nor lay in his six months which induces your petitioner to believe that the said action of arrest was granted on false allegations. Your petitioner therefore prays that his effects may be freed from that arrest and himself from this scandalous prosecution and likewise your petitioner prays that your petitioner's letter of attorney charter party between Patrick Savage, Mr Carlyle and your petitioner with sundry other papers and bills left by your petitioner in the hands of said Aglionby may by your Reverence's authority be immediately restored to your petitioner who as in duty bound for you and yours will ever pray.

p 28

The Right Reverend the Lord Bishop of the Isle

The humble petition of Nicholas Fitzsimmons of the town of Douglas

Shewing that your petitioner is sole executor of John Aglionby Esquire and as such entitled to all effects of the said decedent within this Isle. That your petitioner thinks himself obliged in consequence of his oath to enquire into all debts due to the defunct in order to satisfy all demands made upon him. That accordingly he and his friends have made a strict search into Mr. Aglionby's papers, and have lately found an article between him and Mr. Patrick Savage of this town, an authentic copy of which from the Ecclesiastical records he begs leave to annex to his petition for your Lordship's perusal and satisfaction.

And at the same time to declare his great surprise at two insinuating memorandums appearing upon the face of the original record inserted to injure your petitioner of his right and to conjure up an adversary against him no way concerned in this article, and from whom he can expect little justice.

Notwithstanding this artful management, a practice that he hopes will meet with your Lordship's severe animadversion, as lessening the honour of the court by adding explanations of his own and making them a record, which though they might have been minutes taken for his own private satisfaction should never have appeared as comments upon this article. Yet he doubts not but it will plainly appear that your petitioner has no party in that article to contend with but the said Mr. Patrick Savage and that he has an absolute right by law to one moiety of 53 [?] pounds worth of brandy, and an equal share of the profits arising from thence, besides a share of the amount of several parcels of goods bought by the said Savage with the monies answering from the said original stock..

He therefore humbly prays that your Lordship and the court will order Mr. Savage to account with your petitioner for the several sums before mentioned according to the full tenor and purport of the annexed article your petitioner hoping that it will appear to your Lordship that he has a prior right to the said effects and that Mr. Patrick Savage can account with no other person. The granting of this will lay your petitioner under the highest obligations for your Lordship's happiness ever to pray.

It would be very wrong to make Mr. Patrick Savage accountable before he has been heard and has had time to answer for himself. The petitioner has therefore hereby authority to charge him, and all other persons concerned, to appear at our next Chapter Courts, very shortly to be held, at Douglas, when the matters contained in this petition shall be heard; of all which the said Mr. Savage is to have immediate notice, that he may be prepared to answer the demands made upon him. Dated at Bishop's Court September 30^th 1730

Thomas, Sodor & Mann

p 29

At a Chapter Court held at Douglas October 20^th 1730

The annexed article entered into by and betwixt John Aglionby Esquire and Mr. Patrick Savage to the performance of which the said parties have bound themselves in a penalty, being acknowledged by the said Mr. Savage to be his act and deed, and he owing himself yet accountable for the same. It is hereby ordered that he make a just and true account with Nicholas Fitzsymons, sole executor of Esquire Aglionby, both of the capital stock mentioned in the said article, as also of the amount and profits of the same. And this within forty days after being served with this our order, which account he shall be obliged to attest upon oath. And in case the said Mr. Patrick Savage refuse to give due obedience to this order, he is, by the sumner or a soldier from the constable of Castle Rushen, to be confined in St German's prison, there to remain until he give bonds to submit, and pay all fees.

Thomas Sodor and Mann

John Curghey

John Woods

To the sumner of Kirk Braddan.

p 30

August the 23^rd 1726

Whereas John Aglionby Esquire and Mr. Patrick Savage have purchased jointly three hundred pounds worth of brandies they do hereby oblige themselves to be equally concerned both as to profit and loss in the sale of the said brandies. And whosoever shall fail to fulfill this agreement justly and honourably according to the true intention and meaning of this article, shall forfeit to the other party two hundred pounds British, to be levied according to the nature of all fines in this Island.

In witness whereof we have set our hands and seals the day and year above said.

J Aglionby

Pat Savage

Witnesses

Nicholas Fitzsymons

August the 25 Memorandum that the said parties have bought another parcel of Charant brandy to the value of fifty three pounds two shillings five pence half penny Irish money, which is to be sold in partnership after the abovementioned method and agreement.

p 31

September 29 1730 exa per me J Woods Register Episcopal

The original to be sent to the Archdeacon's registe

At Kirk Michael, September 24 173

The within article is owned by both parties to be the handwriting of Mr. Aglionby

Memorandum the parties now contending are Mr. Nash and Mr. Fitzsymons

Exa per me J Woods Reg Ep Sept 29 1730

p 32

Sunday night

I thought to have spoke to you this night at my own chamber if you had been so kind as to come, as I desired Clark to tell you. I begged some days ago you would try your interest in the northside to procure thirty pounds for six or eight months, which as Nick told me, you said you would endeavour, but your not going, and never mentioning a word more to me, that you rewarded [?] me such a favour, makes me doubt that he did not deliver your answer to me rightly. However you may depend that I shall secure you so well, that you, or one [?] other friend shall run the least danger by their kindness in assisting of me at this critical juncture. I have enclosed a letter to Quayle about the affair, and if you continue your resolution to serve me, pray take it along with you, if not I am sorry to have given you all this trouble.

Pray write me an answer, for I am ashamed to ask favours of this nature. I am without a complement your faithful friend JA.

p 33

To Mr. Edward Nash

Mr. Aglionby's letter to Mr. Nash to borrow £30 from Mr. Quayle Curghey, in his need, upon security of Nash's credit and promising to counter secure him.

pp 34-35

At Kirk Michael, August 27 1730

Mr. Patrick Savage deposes, that about the year 1725, Mr. John Aglionby bought from Mr. Andrew Forbes one hundred and fifty pounds worth of brandy, and he this deponent, at the same time, bought the like quantity, and the said Mr Aglionby desired him to lay them together and dispose of them together, until Mr. Nash returned from Wales, and in the meantime, he would endeavour to get him customers; and that (to the best of his remembrance) Mr Aglionby drew bills on Mr Nash to pay for the brandy. And when this deponent took notes for the goods, they were taken in the name of Savage & Company or Nash & Company and not in Mr. Aglionby's. - Pat Savage.

Mr James Geyhin deposes that some time before the decease of his late wife, Mr. Aglionby proposed to him if he would go to Whitehaven, and take with him some money of his own, he would write by him, in order to get him credit and commissions, and that the benefit of the said commissions should be divided equally amongst the said Mr. Aglionby, this deponent and his (the deponent's) wife. - James Geyhin

Mr. John Grant deposes that, upon some discourse with Mr Aglionby, concerning one Mr Grierson's coming to this Island to trade, this deponent said to Mr Aglionby that he presumed he himself was concerned in trade which Mr Nash (because he proposed that Mr Grierson might be concerned with him) to which Mr Aglionby replied, with imprecations, that he was never concerned one farthing in trade in his life. –

John Grant

p 36

At a Consistory Court held in Kirk Michael, August 27 1730

Upon a hearing this day, a controversy depending betwixt Mr Nicholas Fitzsymons executor of Mr Aglionby deceased and Mr Edward Nash, it is ordered that on the next Thursday the parties shall appear at Douglas before the Reverend Mr Archdeacon and Mr Vicar General Curghey when the said Edward Nash is to be admitted to his oath with lawful compurgators concerning the money and other effects alleged to be advanced by the above decedent in trade with Edward Nash aforesaid which oath so taken shall determine the controversy concerning the money or goods so alleged to be advanced.

Thomas Sodor and Mann

John Kippax

John Curghey

John Woods

p 37 At Kirk Michael, September 24 1730

Mr. Patrick Savage declares by virtue of his oath taken the 27 of August last, that the parcels of brandy mentioned in that deposition, are the same with those in an article betwixt Mr. Aglionby and himself, dated August 23^rd 1726, and that Mr. Andrew Forbes, (from whom the said brandy was bought) left one Mr. Timothy Allen here to receive the money, as it became due. And that it was by Mr. Aglionby's own directions, that there should not any notes be taken in his name.

pp 38-39

At a Consistory Court held at Kirk Michael September 24^th 1730

After several tedious hearing of the controversy between Mr. Nicholas Fitzsymons, as executor of the late John Aglionby Esquire, and Mr. Edward Nash, both of Douglas touching certain (ink blot) alleged to belong to the said Aglionby (ink blot) as capital stock and profits (ink blot) from and unaccounted for, in company or partnership with the said Edward Nash; sundry depositions having been taken in the case, from which, being mostly conjectural and contradictory, nothing certain could be gathered, beside that the accounts offered by the plaintiff, as evidence in the affair, being exceedingly dark and perplexed, there was no way left to come at the truth of the matter, without admitting the said Edward Nash to his oath, according to the order of the 27^th of August last, in pursuance of the law and practice of this court, which being administered to him, with four lawful compurgators, and being thereupon interrogated, he the said Edward Nash declared, after the most solemn manner, by virtue of his said oath, that Mr. Aglionby never put in any sum, even of the value of sixpence, in joint stock or trade with him. But that having procured him credit or commissions from abroad and customers, he the said Edward Nash engaged to give him, in consideration thereof, a share of the profits, which he accordingly paid him from time to time viz generally half, though Mr. Aglionby sometimes accepted of a less proportion, acknowledging at the same time, that there are the profits of certain goods which are not yet accounted for, to which therefore we adjudge him the said Edward Nash liable. And he is hereby accordingly ordered by virtue of his oath, to produce fair accounts of the said profits, and to pay one half of the same (ink blot) executor of the said Mr. Aglionby, within one (ink blot) the date hereof. Otherwise to be (inkblot) sumner or, in case of further (inkblot) soldier from the constable. (ink blot) St German's prison, there to remain until he give bonds to submit and pay all fees.

Thomas, Sodor & Mann

John Curghey

John Woods

To the Sumner of Kirk Braddan.

p 40

August 27 1730

MR Richard Goodman enters a claim against the estate of Mr. John Aglionby for £5 in British currency and craves the law.

Eod die Mr. James Geyhin enters for 6s 8d British owned by the executor.

Eod die Mr. Thomas Elston enters for £10 British.

1 September 1730

Dr Thomas Jenkinson enters for four guineas.

p 41

To the Right Reverend the Lord Bishop of Mann

The humble petition of Nicholas Fitzsymons

Sheweth that your petitioner, since the hearing of the matter in dispute between Mr. Edward Nash and your petitioner before your Lordship at Kirk Michael on the 27^th of August last, has met with very material evidence in his favour, and such as he doubts not but will [] satisfy and convince your Lordship, and the Court, that he has real hardships done him in the order issued out that day.

Therefore humbly prays your Lordship to put a stop to the proceedings to be at Douglas on Thursday the 3^rd instant and that you will please to appoint a short day for a rehearing of the same and he as in duty bound shall ever pray.

September 2^nd 1730

If the petitioner has such material evidence, as he sets forth, to induce the court to suspend the order already given at a Consistory held the 27^th ult tis just the order should be, and accordingly is, suspended, until a further hearing, which I shall appoint as soon as I have consulted Mr Archdeacon, and the Vicars General, when it will be most convenient for them to meet (ink blot) me, in order to put a final end to this controversy. But if it shall appear that these allegations are frivolous, the petitioner shall be liable to make satisfaction to the adverse party for the un-necessary trouble and [] he gives them. Given under my hand this 2^nd of September.

Thomas, Sodor & Mann

This is to be shown to the Archdeacon and the Vicars General this night to prevent any unnecessary trouble to them.

p 42

June the 23^rd

Dear Nash

John Curwen is yet at Liverpool bringing a loading of salt, as soon as he returns I shall hasten him to you. I did advance a quarter of the cargo on your account, to do your usual [?] profit, I wish it were in my power to oblige you in any thing more considerable. Patrick would not sell Philips so cheap as he got it elsewhere. We are just as you left us in your spouse much in the same cross humour, I cannot endure to go into your house since you left it. God send you safe hither and out of the hands of your enemies, otherwise God knows what will become of your family. Mr. Lutwidge (Ludwig) was here, I got him to be quiet, and indeed he was very civil. He left a letter but I did not think it convenient to send it for fear of miscarriage. The Governor is not yet come down, there [] report that the comptroller is turned out, but I am sure it is a damnable lie having heard from him just before, and then all things went prosperously in every circumstance. I have nothing to add but what I am sure you will believe, that I am sincerely

Your faithful friend []

J Aglionby

At Kirk Michael, September 24 1730

Both parties believe this to be Mr. Aglionby's handwriting.

p 43

To Mr. Edward Nash merchant at Aberystwyth

p 44 [yes, a repeat of page 30]

August the 23^rd 1726

In witness whereof we have set our hands and seals the day and year above said.

J Aglionby

Pat Savage

Witnesses

Nicholas Fitzsymons

p 45

Kirk Michael, September 27 1730

The within article is owned by both parties to be the handwriting of Mr. Aglionby

Memorandum. The parties now are Mr. Nash & Mr. Fitzsymons.

J Woods Register Episcopal

p 46

June the 22^nd 1725

Memorandum, That it is mutually agreed between John Aglionby Esquire, Edward Nash and Daniel McNally merchants all of the town of Douglas in the Isle of Man that they shall be equally concerned, and be sharers alike both in the profit and loss of a cargo of wine, now sent for to Bordeaux in a ship belonging to Charles Murphy of Wexford. And whosoever shall fall from this agreement shall forfeit twenty guineas to the other two, with five pound more to be levied according to the nature of all fines in this Island, in witness whereof we have subscribed our hands, the day and year above said.

J Aglionby
Edward Nash

Daniel McNally

Witness Nicholas Fitzsymons

At Kirk Michael, September 24 1730

Mr. Nash owns this to be Mr. Aglionby's, and his own handwriting.

[47]

Mr. Edward Nash has already in a public court given in his account, upon which, he claims a balance of twenty four pounds or thereabouts which he openly averred to be the only account depending between him, and the late Mr. Aglionby, which was accordingly recorded. Therefore if he now pretends to produce another account I do by this protest against it, his oath, or any proceedings that may be thereon.

To the Reverend Mr. Archdeacon Kippax and Mr. Vicar General Curghey

Nicholas Fitzsymons April 3^rd 1731

[48]

At Kirk Braddan, April the 3^rd 1731

Upon hearing of the within claim of Edward Nash against the executor of John Aglionby Esquire, the said Edward Nash made oath (with lawful compurgators viz John Corris and Ewan Curghey) that the balance of the current account of particulars hereunto annexed amounting to the sum of twenty seven pounds seventeen shillings and five pence British value is justly due to him in part of the claim. And also the further sum of one pound one shilling being the value of the red rug lent the decedent, and one pound fourteen shillings for two tun of coals, as appears at the foot of the said account in all amounting to the sum of thirty pounds twelve shillings and five pence British value which said sum of thirty pounds five shillings and five pence British is hereby ordered to be paid to the claimer by the said executor, otherwise to be committed to Kirk St German's prison by the Sumner of the parish till he submit to law and pay all fees. And in case of disobedience to the Sumner, the assistance of a soldier is to be desired from the next garrison, according to usual custom in such cases. And whereas the same claimer hath also made oath that he left a note in the decedent's hands to receive the contents thereof for his use, amounting to the sum of £41 11s British (which he insists upon ought either to be returned or the value thereof) because he produces no receipt for the said note, nor doth make it appear that the money was paid to the decedent, or any other person for him, he therefore cannot be relieved in that particular in this Court, but is left to take his remedy in the Temporal Courts as that matter shall become properly cognizable.

John Kippax

To the Sumner of Kirk Braddan

[49]

Lib Secundus Testamentoru Pro Anno Dut 1729 Douglas

Mr. Edward Nash enters a claim against the executors of John Aglionby Esquire for the sum of seventy-three pounds nine shillings British value and craves the law.

December 16^th 1730

Exam per Edward Moore Archdeacon Register

February the 3^rd 1730/31

The probate of the above claim is within the consent of the executor deferred till next Court at Douglas, and the claim to stand good till a determination thereof is made. - John Curghe

February 15^th 1730/31

The probation of the above claim is with the consent of the executor further deferred till the next Consistory Court - John Kippax.

[59]

Douglas, July the 26^th

Dear Nash

Yesterday I received the enclosed melancholy letter and have answered it by the way of Dublin, and gave my opinion to sell at any price and put it into brandy, for to bring little or [] wines will never answer here, especially as things stands now. Our farmers are here now, and have imported upon their own account above two thousand pounds worth of goods. I hope you will not be angry with me for taking a lot of about fourteen hundred gallons of brandy to be paid when you return at two shillings two pence English per gallon, Patrick Savage takes another lot. For God's sake return home as soon as you can, for I am perfectly dead for want of your company. Forget not to write to McNally, for I ordered him to stay to receive your commands. A prodigious quantity of tobaccos are landed from Glasgow, London and Liverpool but little or none from Whitehaven. Your neighbour Halsall is to [be] tried next Monday. I am afraid it will go hard with him. Your wife, Ned and all the family are very well. None of your customers have been in the Island so I fancy I shall recover little money for you. I could have sold brandy upon [] but I had not your orders for that. Dempsey is at Dublin. We had this agreeable news this day by a Ring's End wherry so I hope all things went well with you. If you come not home soon fail not to write to me what you would have done, and depend upon it I shall carefully secure your orders, for you are sensible none loves you more sincerely than myself. I can think of nothing more but never fear trade will still flourish.

From your ever true friend

[60]

At Kirk Michael 24 September 1730

Both parties agree in their opinion that the within letter is Mr. Aglionby';s handwriting but Mr. Fitzsymons objects against it as not having a date. And Mr. Hussey and Mr. Quayle and Mr. Maddrell have made oath that they believe it be his handwriting.

And Mr. Patrick Savage declares that he believes it to be so.

Douglas, July the 30^th 1726

Sir £75

Pay Mr. Timothy Allen or his order upon the twenty eight day of August next seventy five pound British value received of him and place it to account of

Sir your humble servant,

J Aglionby

To Mr. Edward Nash merchant in Douglas

Douglas, July the 30^th 1726

Sir £75

Pay Mr. Timothy Allen or his order upon the twenty eight day of September next seventy five pound British value received of him and place it to account of

Your humble servant,

J Aglionby

To Mr. Edward Nash merchant in Douglas

[61]

At Kirk Michael 24 September 1730

Both parties agree in their opinion that the within letter is Mr. Aglionby's handwriting but Mr. Fitzsymons objects against it as not having a date. And Mr. Hussey and Mr. Quayle and Mr. Maddrell have made oath that they believe it be his handwriting.

And Mr. Patrick Savage declares that he believes it to be so.

Then received from Edward Nash the contents of the within this 29^th 7ber 1726 I say received by me Timothy Allen & p62

[64 & 65]

To the Right Reverend the Lord Bishop of this Diocese of Sodor and Man, the Reverend the Archdeacon and the Reverend the Vicars General.

The humble appeal of Nicholas Fitzsymons Executor to John Aglionby Esquire late of Douglas deceased.

Sheweth that your appellant in the cause depending betwixt him and Edward Nash does (with all due respect to this Spiritual Court) humbly conceive himself to be aggrieved, more particularly by your orders of the 27^th of August and of the 24^th of September 1730 and therefore humbly offers this his appeal to the Staff of Government humbly praying your acceptance of the same and that a reasonable time may be allowed the appellant to prosecute his appeal and he as in duty shall ever pray.

At a Consistory Court held in Kirk Michael 9 March 1731/32

This appeal is accepted, the appellant giving bonds (of £3 ad usum domini) to the Archdeacon';s register to prosecute the appeal with effect within three months after the date hereof.

Thomas Sodor and Man

John Kippax,

John Curghey

John Woods

Die and Anno supradicto

Mr. Edward Fletcher and William Curlett have entered into bond of £3 pounds that the appellant will prosecute this appeal with effect within the time limited

Before me Edward Moore Archdeacon's Register

Vera copia exam pr Edward Moore Archdeacon's Register 9 March 1731/32




Any comments, errors or omissions gratefully received The Editor HTML Transcription © F.Coakley , 2005