William COLE [34830]

  General Notes:

Christina Mitchell writes in 2021.
William Cole is mentionedin Penning Alston's Will, he was to be a pall bearer who also gained from Penning's will. No doubt he did carry out his pall-bearing role but from the information you have gathered I see that he was later accused of dishonesty and sent to prison. Once out of prison he wrote a small book in 1675 about why "the subjects of England should not be imprisoned for debt or damages" which must have had something to do with the dishonesty he was accused of.
Penning Alston's Will was very revealing to me because he refers to an Elizabeth Gilbert and her daughter. Mrs Gilbert was the same Mrs Gilbert that William Cole wrote about in his 1687 will and also that she was Penning Alston's sister.
William certainly didn't like her and from her 1687 Will you can see she certainly didn't like him. You may be interested to know that William Cole married the daughter, also Elizabeth, in 1681. She was then Elizabeth Finney, a widow aged about 40.

  Other Records

1. 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 21.3.2022

2. 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 21.3.2022

3. 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 21.3.2022

4. 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 21.3.2022

5. 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 21.3.2022

William married Elizabeth GILBERT [3199] [MRIN: 12552], daughter of Edward GILBERT of Cheshire & London. [3198] and Elizabeth ALSTON [3197], in 1681.