to the right honourable Thos Egerton lord keeper of the great seal most humbly complaining showeth your honourable good lordship your daily orator Roger Harlakenden of Earls Colne Essex esq and Ann his wife late the wife of Barnard Dewhurst of Westminster Middx gentleman deceased that whereas the said Barnard Dewhurst did in his lifetime make his last will and testament in writing bearing date 6.12.39Eliz1 and by the same amongst other things did give and bequeath unto Robt Dewhurst one of his sons the sum of 300li of current English money to be paid unto him at the age of twenty four years and not before and willed also that the executors of his said last will and testament and Wm Pitt of Westminster and Hen Beast of London scrivener should in good and frugal sort let out and employ the same according to their best discretion for the further benefit and increase of the said sums and stock so bequeathed unto the said Robt until he shall come to his age of twenty four years and out of the profits and increase of the said stock of 300li to give and allow unto his said son Robt such reasonable yearly allowance for his maintenance as shall be fit by the content and good liking of his very good friend mr Hen Maynard and if it shall happen that the said Robt to decease before he come to the age of twenty four years being unmarried at the time of such his decease before his age of twenty four years then his said portion of 300li and the increase thereof defaulting his maintenance shall be and remain unto the sons of the said Barnard Dewhurst then living to be equally divided amongst them to be paid then at their several ages of twenty four years and did by the same last will and testament also give and bequeath unto his three younger sons viz Hen Barnard and Jn the sum of 200li apiece of current English money to be paid unto them at their several ages of twenty four years and not before and willed likewise that his said executors and the said Wm Pitt and Hen Best should in good and frugal sort let out and employ the said sums for the further benefit and increase of the said three younger sons and out of the benefit and increase made and received by employment of the said sums and stock of money to yield and allow such a competent convenient sum for their yearly maintenance as his said executors and mr Maynard shall think fit and it if happened that any of the same said sons Hen Barnard or Jn should decease before they accomplished twenty four years being unmarried that the portions of those deceasing and the increase defaulting his maintenance should be and remain to his four younger sons as shall be then living to be equally divided among them to be paid them at their several ages of twenty four years and the said Barnard did constitute and ordain and make the foresaid Ann your lordship's oratrix and Thos Dewhurst eldest son of the said Barnard executors of his said last will and testament and gave unto his said executors the rest and residue of all his goods and chattels not bequeathed his funeral charges defrayed and legacies performed and debts paid as in and by the said last will and testament more at large it doth and may appear and afterwards died after whose death the said Ann and Thos proved the said will and took upon them the execution thereof accordingly by force whereof the said executors were and yet are chargeable with the said several sums of money given and bequeathed for the said portions of the said four sons of the said Barnard Dewhurst deceased and whereas the said Barnard Dewhurst in his lifetime committed the said sums of money 300li bequeathed unto the said Robt Dewhurst and the said sums of 200li apiece bequeathed to the said Hen Barnard and Jn into the hands of the said Wm Pitt and Hen Best or the one of them to be employed to commodity which they or one of them did accordingly and had keeping of the bonds and assurances for the same in their or one of their hands at the time of the decease of the said Barnard Dewhurst and since his decease have disposed the same money bonds and assurances at their pleasure without the privity and consent of your said orators so it is so it may please your honourable lordship that now the said Thos Dewhurst one the executors of the said Barnard Dewhurst being a young unexperienced man and the said Wm Pitt and Hen Best having as hath been said in their possession and custody all the obligations bonds bills specialities and assurances for and concerning as well the said sums of money given and bequeathed for the portion of the said Robt Dewhurst and of the said three younger sons of the said Barnard Dewhurst deceased as also the remainder and overplus due unto the said executors aforesaid combining together in great familiarity and friendship do not only detain from your said orator all the said money and profits thereof of the said bonds bills obligations specialities and other assurances for and concerning the said sums of money and overplus but also the same sums of money and overplus do employ let and lend to persons unknown to your said orators and the same done receive again and so wholly employ and dispose of the said sums of money and overplus at the pleasures and dispositions of them the said Thos Dewhurst Wm Pitt and Hen Best without the privity and consent of your lordship's said orator and without making it known unto them to whom the said bonds obligations specialities and assurances be made whereas your said orators by reason of joint executorship with the said Thos Dewhurst be chargeable unto the said legatories for the said several sums of money as well as the said Thos Dewhurst and if the said Thos Dewhurst should happen to die they should be wholly charged therewith whatsoever shall become of the said money in the hands or disposition of the said Wm Pitt and Hen Best or either of them and although your lordship's said orators have divers times moved and required the said Thos Dewhurst Wm Pitt and Hen Best that either the whole or at leastwise the moiety of one half of the bonds specialities and assurances for and concerning the said sums of money given and bequeathed for the portions of the said four younger sons and the said overplus might be made unto them or delivered unto them as they think they do in right appertain unto them and that the said Thos Dewhurst and your said orator might mutually give security either to other for the true payment of so much of the said portions of the said four younger sons that should remain in their hands when the said sons should accomplish their several ages limited for the receipt of the same or else that the said Thos Wm and Hen or some of them would give your said orator a sufficient discharge and assurance as well against the said four younger sons as also the said four sons should be truly paid their portions according to the true meaning of the said will and testament and your said orators discharge the same all which they have still against all equity and good conscience refused to perform in consideration whereof and for that your said orators have no remedy by the strict course of the common law to enforce them to yield unto any of the said reasonable demands and for that they know not the certain dates nor contents of the first obligations bonds bills or other specialities or assurances concerning the said sums of money and overplus or any of them nor the persons to whom the same were lent or let out may it therefore please your good lordship the premises considered to grant unto your said orators her majesties gracious writ of subpoena et c