Tuesday, the 14th of September, 1652.
Prayers.
Letters read.
THE Translate of the Letter from Frederick King
of Denmark, dated 21 Augusti 1652, was this Day
read.
The Translate of a Letter from the Queen of Sweden,
dated the 7th of August 1652, was this Day read.
Ordered, That both the said Letters be referred to the
Council of State.
Mayor of Hull.
Resolved, That Mr. John Rogers be, and is hereby,
nominated and appointed Mayor of the Town of Hull;
and that he hold and execute the said Office from the
Expiration of the Mayoralty of the present Mayor, for
the Year then next ensuing; and that the Town of Hull
shall receive no Prejudice hereby, in respect of their
Charter or Liberties.
Corporations.
Ordered, That it be referred to the Committee for Corporations to take into Consideration, how Corporations
may be settled, as may be suitable to, and agreeable with,
the Government of a Commonwealth; and how their respective Charters may be altered and renewed, to be held
from and under the Authority of this Commonwealth.
Alderman of Hull.
Resolved, That Richard Perkins be, and is hereby,
discharged from bearing the Office of Alderman of the
Town of Hull; and that the said Richard Perkins be,
and is hereby, disabled from bearing any Office of Magistracy in this Commonwealth.
Resolved, That William Rayles be, and is hereby, nominated and appointed Alderman of the said Town of
Hull, in the place and stead of the said Richard Perkins:
And it is
Ordered, That the said Town shall receive no Prejudice hereby, in respect of their Charter or Liberties.
Sheriff of Lincoln.
Resolved, That Sir Robert Berkham be nominated and
appointed Sheriff of the County of Lincoln, for the Remainder of this Year, and for the Year then next ensuing; and that the Lords Commissioners of the Great
Seal of England do issue forth a Commission for him to
be Sheriff of the said County, for the Time aforesaid,
accordingly.
Sitting of this Parliament.
Mr. Carew reports from the Committee to whom the
Petition of the Officers of the Army is referred, the State
of the Proceedings of the Grand Committee, upon the Bill
for setting a certain Time for the Sitting of this Parliament, and providing for successive Parliaments; and also
the Opinion of that Committee, that, in order to a more
speedy Passing of the Bill, for setting a certain Time for
the Sitting of this present Parliament, and providing for
successive Parliaments, the Parliament would commit the
Consideration of that Bill to a select Committee.
The Question being propounded, That the Grand
Committee for the Bill for setting a certain Time for the
Sitting of this present Parliament, and providing for successive Parliaments, as to that Bill, be dissolved; and the
said Bill committed to a Committee, now to be chosen,
to perfect the Bill, leaving a Blank for the Time for dissolving the Parliament;
And the Question being put, That that Question be
now put;
It passed in the Affirmative.
And the main Question being put; it was
Resolved, That the Grand Committee for the Bill for
setting a certain Time for the Sitting of this present Parliament, and providing for successive Parliaments, as to
that Bill, be dissolved; and the said Bill committed to a
Committee, now to be chosen, to perfect the Bill, leaving
a Blank for the Time for dissolving this Parliament.
Ordered, That the Committee in the last Vote, to whom
the Bill shall be committed, be the Committee to whom
the Petition of the Officers of the Army, was referred:
And they are to meet To-morrow in the Afternoon, in the
Speaker's Chamber: and all that come to have Voices:
And this Committee have Power to send for, and advise
with, any Persons, that they shall think sit for this Purpose: And to send for Papers and Records.
Scotch Affairs.
Sir James Harrington reports from the Council of
State, That it be humbly reported to the Parliament, that,
in pursuance of the Order of Parliament, of the 27th of
August last, referring it to the Council, to consider of a
sit Place in England, to which the Commissioners sent
from Scotland shall come, the Council have taken that
Business into Consideration; and thereupon are of Opinion, that Westminster is a sit Place for that Purpose:
That the Council have not proceeded to the Consideration
of the other Particulars contained in that Order of Reference, they humbly conceiving, that, upon their making of
this Report, the Parliament would please to take into
Consideration what remains to be further done, in order
to that Business.
Resolved, That the Parliament doth agree with this Report, that Westminster be the Place to which the Commissioners sent from Scotland shall come.
Resolved, That it be referred to the Council of State,
to consider of a sit Place in Westminster, where the Commissioners sent from Scotland shall come: and to take
Care the same be prepared for that Purpose; and that
the Council of State do give Notice hereof to the Commissioners to be sent from Scotland.
Mayor, &c. of Hull.
Ordered, That Mr. Speaker do send the Votes this
Day made, touching the Mayor and Aldermen of Hull,
in a Letter, to be by him signed, to the said Mayor and
Aldermen.
Westmorland Officers.
Ordered, That the Report in Colonel Downes his
Hands, touching the Officers and Soldiers of Westmorland, be made on Friday Sevennight.
Stonehowse's Claims.
Mr. Lenthall reports from the Committee, to whom
the Business of Sir James Stonehowse was referred:
IN pursuance of an Order of Parliament, dated the
15th of August 1650, whereby, upon the Petition of Sir
James Stonehowse, it was referred to a Committee to examine the Business, and state the whole Matter of Fact,
and report it to the House, with Power to send for Persons, Papers, Witnesses, Records, and to examine, upon
Oath; as also of another Order of Parliament, dated the
14th of March 1650, whereby we were to require and
receive (as well from the Commissioners for Compounding) such Information as they could give of the Matter
of Fact; as also, upon Hearing both Sides, and Examination of the Matter, to make Report of the whole Matter
to the Parliament;
We find, That, by Articles of Agreement, dated August
the 11th, 1641, made between Richard Byron Esquire, (for
and on the Behalf of Sir John Byron, Knight of the Bath,
his Brother) of the one Part, and Sir James Stonehowse
Baronet, of the other Part, the said Sir James Stonehowse
did contract with the said Richard Byron for the Purchase
of the Manors of Over-Colwick and Nether Colwick, in the
County of Nottingham, for Twenty-one thousand One
hundred Pounds; which said Articles are confirmed by the
said Sir John Byron, by an Indorsement on the Backside
of the said Articles, dated the 18th of August 1641:
That . . . a Deed indented and inrolled, dated the 27th
of June 1642, Henry late Earl of Worcester, deceased, in
Consideration of Eleven thousand Four hundred Pounds,
paid unto him by Sir James Stonehowse Baronet, by the Appointment and Assignment of Sir John Byron, did bargain
and sell the Manors of Colwick and Snenton, in the County
of Nottingham, unto the said Sir James Stonehowse:
That by a Deed indented, dated the 11th of July 1642,
Sir John Byron and Richard Byron Esquire, in Consideration . . . Twenty-five thousand Pounds, paid and secured
(whereof the said Eleven thonsand Four hundred Pounds,
paid to the said Earl, was Part), did bargain and sell the
said Manors to the said Sir James Stonehowse, wherein
they covenant to free the Lands of all Incumbrances
done or suffered by the said Earl of Worcester, &c. and
of all Incumbrances made or suffered by them the said
Sir John Byron, and Richard Byron, or any claiming by
them, or by Sir John Byron, their Father, deceased (excepting the Leases mentioned in the Schedule annexed):
and that they will, at any time within Seven Years, make
further Assurance, upon reasonable Request:
That Dr. Symon Owen deposeth, That he knoweth of
the Purchase made by Sir James Stonehowse, of the Manor
of Colwick and Snenton, from Sir John Byron; that . . .
knoweth that the first Contract with Richard Byron, on
the Behalf of Sir John Byron, which was in August 1641,
for Colwick only, which, according to the Particular then
delivered in, came to Eleven hundred Forty-four Pounds
Seventeen Shillings per Annum, or thereabouts, for which
Sir James was to give Seventeen Years Purchase and an
half; at which Rate it amounted unto Twenty-one thousand One hundred Pounds:
That, upon going to Counsel, to be satisfied concerning
the Title of Colwick, the Estate thereof was found to be
in Henry Earl of Worcester, deceased; as likewise, that
the Manor of Snenton was conveyed unto him: Thereupon Sir James was persuaded to deal for Snenton also;
which was agreed for at Eighteen Years Purchase: That
Sir James was to give Twenty Shillings per Acre, for the
Meadow, and Ten Shillings for the Arable; according to
which Rate it came to Two hundred Twenty-nine Pounds
Ten-pence per Annum; whereof there was paid Fourteen
Pounds per Annum to the Earl of Kingston; so that there
was de claro Two hundred Fifteen Pounds and Ten
Shillings per Annum; which Purchase came to Three
thousand Nine hundred Pounds: That the present Rent
of both the aforesaid Manors were to have been, according to the Particulars then delivered in, amounting to
One thousand Three hundred Fifty-nine Pounds Nineteen Shillings and Five-pence; for which was to be paid
Twenty-five thousand Pounds:
Stonehowse's Claims.
That, when Sir James Stonehowse his Counsel was satisfied concerning the Title of the said Manors, and were
preparing the Evidences, there was a Meeting at the
King's Head, in Fleet Street, at the End of ChanceryLane; where was present the said Sir James Stonehowse,
Richard Byron, Sir Robert Holborne, and Nicholas Fox;
Mr. Elston, Servant to Sir John Byron; and there was a
Discourse what Security Sir James should give Sir John
Byron for the Remainder of the Purchase-Money, being
about Nine thousand Pounds; and it was agreed, Sir
James should give none, but that the Remainder of the
Money should remain in his the said Sir James Stonehowse
his Hands, till the Incumbrances were cleared; viz. The
Title of Dowry of the Lady Byron, the Six Brethrens
Annuities, and several Statutes then delivered in a Catalogue, by Mr. Fox; and all other Incumbrances that
should be discovered; and making good the several Rents
of Tenants, according to the Particulars then delivered
in for Twenty-one Years; and for levying a Fine, and
answering a Bill in Chancery:
That Nicholas Fox of Debden, in the County of Essex,
Gentleman, sworn the 23th of March 1643, before John
Page Esquire, one of the Masters of the Chancery, maketh
Oath, that, in regard that at the Time that Sir John
Byron, and Richard Byren his Brother, their Sealing of an
Indenture of Bargain and Sale of the Manors and Lands
therein mentioned, unto Sir Francis Stonehowse, which
beareth Date the 11th of July 18 Caroli; the Incumbrances then known to be liable upon those Lands were
not removed; nor any Bill preferred in Chancery, and
their Answer, for Discovery of further Incumbrances,
nor any Security then given for securing the Rents of
those Lands lying in Snenton, for Twenty-one Years,
according to Agreement; nor any Fine then levied for
securing the Title of those Lands unto Sir James Stonehowse, as was directed and agreed to be done, but were
then all deferred to a further Time; therefore, and in
the mean time, the said Sir John Byron did agree, the
Money now remaining in the Hands of Sir James Stonehowse, and Part of the Purchase-Money, should rest with
him, for his Security and Indemnity in that Behalf; and
for that Cause Sir John Byron did not require, nor Sir
James Stonehowse give, any Security for Payment of the
Nine thousand Pounds, in his the said Sir James Stonehowse his Hands, unpaid:
That the Affidavit of Sir James Stonehowse, taken the
23th of March 1643, before John Page, Esquire, one of
the Masters of the Chancery, and the Examination of the
said Sir James Stonehowse, taken May the 25th, 1649,
before the then Committee for Advance; and do agree
with the aforesaid Examination of the said Doctor Owen,
and the Affidavit of the said Nicholas Fox:
That the said Doctor Owen further deposeth, that Sir
James Stonehowse paid Fifteen thousand Pounds, in part
of the Purchase; viz. to the Earl of Worcester Eleven
thousand Four hundred Pounds, at One Payment, and
Two hundred Marks more, returned by Mr. Sprigg to the
said Earl, as this Examinant remembereth: The Money
aforesaid was paid at Hagland Castle: This was in the Year
1642, at the Time of the Sealing of the Deeds aforesaid;
and for the Month he referreth himself to the Deeds:
This Money was paid by his Examinant and Mr. Worrell.
There was likewise paid onwards of this Purchase One
thousand Pounds, in the Year 1641; for the which Sir
John Richaud, and Mr. Cook the Apothecary, stood
bound to Sir James, which was Part of the PurchaseMoney: More Four hundred Pounds paid in March
1642, before the Sealing of the Deeds: Which Sums was
to pay the Earl of Worcester for half a Year's Rent for
Colwick; Two hundred Pounds paid to the Lord Monson,
at the Bull Tavern in the Palace Yard; and this by the
Direction of Sir John Byron, and at his Request; and
One hundred Pounds more paid to Richard Byron,
before the Sealing of the said Deeds, as this Examinant
remembereth; and saith, That Mr. Cadwallador Jones
paid to Mr. Elton, Servant to Sir John Byron, and by
his Appointment, several Sums, amounting unto One
thousand Seven hundred Pounds, in the Year 1642, but
the Time of the Year he remembereth not; and about
Sixty or Seventy Pounds paid more by Sir James to Mr.
Cadwallador Jones, by Sir John Byron's Directions; and
no Security was to be given for the Remainder:
Stonehowse's Claims.
That the said Doctor Owen, by his aforesaid Examination, on the Part of Sir James Stonehowse, deposeth the
like as to the Payment of the aforesaid several Sums;
only to the Twelfth Interrogatory, he saith, that he hath
heard, and doth believe, that the Sum of One thousand
Seven hundred Pounds was paid to Mr. Elton by Mr.
Cadwallador Jones, being Part of the aforesaid Fifteen
thousand Pounds; and hath heard, that Mr. Worrell
paid one thousand Pounds more; which makes up Sixteen thousand Pounds:
That Mr. Humfrey Worrell, by his Examination, taken
on Behalf of the State, the 7th of February 1647, deposeth, the Payment of the aforesaid One thousand
Pounds to Mr. Elton, Servant to Sir John Byron:
That, in the Particular of Snenton, being the Third Particular, marked by Mr. Stephens, and deposed by Richard
Clarkson, and by Edward Pym, to be the proper Handwriting of the aforesaid Nicholas Fox, and to be taken by
him, after Michaelmas 1642, are set down the aforesaid
several Payments, amounting to the Sum of Sixteen thousand Five Pounds Sixteen Shillings and Eight-pence:
That the said Sir James Stonehowse, by his aforesaid
Examination, deposeth likewise, the Payment of the aforesaid several particular Sums; the which (with Seventytwo Pounds due to him, for Interest of One thousand Six
hundred Pounds paid before the said Purchase) he deposeth to amount unto Sixteen thousand Seventy-seven
Pounds Sixteen Shillings and Eight-pence:
That the said Richard Clarkson, Bailiff of the said
Manor, deposeth, That the Particular then shewed unto
him, marked the First, by Mr. Stephens (amounting unto
Three hundred Seventeen Pounds Five Shillings, after the
Rate of One Pound Six Shillings and Eight-pence for Meadow, and Thirteen Shillings and Four-pence for Arable),
was the Particular given to Sir James Stonehowse, by Sir
John and Richard Byron; and that he was present when
this Particular was written; and that it was written by Thomas Haswell, Servant to Sir John Byron; and that he was
appointed to help make the said Particular: Being asked,
what Rate he was to give for the Meadow, Pasture, and
Arable, Saith, That the Meadow and Pasture were valued
at Twenty Shillings per Acre, the Arable at Ten Shillings
per Acre: Saith, that he knows that these were the Values
contracted for; for Sir John Byron and Richard Byron
told him so; and that the Lands were sold for Seventeen
Years Purchase, in the Year 1642: And being asked
whether he knew the Second Particular shewed unto him,
purporting the present Rents of Snenton, as they were
then lett, and in Lease, amounting to Sixty-three Pounds
Twelve Shillings and Six-pence; out of which was issuing
to the Earl of Kingston Thirteen Pounds One Shilling
and Seven-pence; saith, he hath seen the said Particular in Richard Byron his Hands: And being asked,
whether the said Leases were to be bought in, saith, that
all the Leases were to be bought in by Sir John Byron
to Sir James Stonehowse:
That the said Richard Clarkson and Edward Pym
depose, the Particular of Snenton, marked the Third, by
Mr. Stephens, purporting the several Rents, that the said
Sir James did purchase the said Manor of Snenten, amounting to Two hundred Fifteen Pounds Ten Pence per Annum de claro, and the several Rents they were then lett,
amounting to Forty-nine Pounds Three Shillings de claro,
was the proper Hand-writing of Mr. Nicholas Fox, and
taken at Michaelmas 1642, before:
That the said Doctor Symon Owen deposeth, then
Snenton was to be per Annum, by the Particular, Two
hundred Fifteen Pounds; but it afterwards appeared there
was but Forty-nine Pounds per Annum de claro: This
was to be made good according to the Particular, but
hath not been made good hitherto:
That the said Richard Clarkson deposeth, That Nine
several Leases in Snenton, to William Bennett, and others,
were lett at Thirty-nine Pounds Six-pence per Annum,
which were purchased, as in the Third Particular, taken by
Mr. Fox, at Two hundred Five Pounds Ten Shillings and
Ten-pence per Annum: So over-rated One hundred Sixtysix Pounds Ten Shillings and Four-pence per Annum:
John Musters Esquire-That the aforesaid Nine
Leases, with the Four other in Colwick (in all Thirteen)
are scheduled in his Deed of Purchase, dated the 5th of
July 1647, conveyed unto him by Sir James Stonehowse;
which are not in the Schedule of the Deed of the 11th of
July 1642, from Sir John and Richard Byron, to the
said Sir James:
That the said Richard Clarkson and Edward Pym do
depose the Particular of Colwick, marked IV, by Mr.
Stephens, and the Note of Improvement of certain Cottages in Colwick, then shewed unto them, marked V. by
Mr. Stephens, were given in upon the First Contract;
and were the Particulars by which the said Sir James purchased the same: And they do further depose, That
other Particular of Colwick, then shewed unto them,
marked VI. by Mr. Stephens, to be the proper Hand of
the said Nicholas Fox, and to be taken by him about
Michaelmas 1642:
That the said Richard Clarkeson and Edward Pym do
depose, That by the Particular of Colwick aforesaid, delivered in to the said Sir James, upon his Purchase, the
Ground called Saint Nicholas Close was valued at Fifty
Pounds per Annum; but the same was then in Lease to
Richard Trewman, at a Pepper-Corn Rent; and that, at
the Time of the Purchase, there was an Annuity of Forty
Pounds unto William Peck, charged upon the Close called
Estholme; and also a Rent-Charge of Five Pounds per
Annum, granted by Sir John Byron to Mr. Theobald the
Parson, issuing out of Cow-Close, and that by the said
Particular the said Cow-Close was valued at Fifty-seven
Pounds per Annum; out of which there was Sixteen
Kygates, at Fourteen Pounds Seven Shillings per Annum,
held by John Holdred; and Six Kygates, valued at Five
Pounds Seven Shillings per Annum, in Lease to Edward
Pym; in all Nineteen Pounds Six Shillings; so that, at
the Time of the Purchase, the present Rent was but Thirtyseven Pounds Four Shillings per Annum; and, by the said
Particular, the Ground called Husbands-Close, valued at
Ten Pounds per * but the same was then in Lease at
the present Rent of Four Pounds Seventeen Shillings and
Two-pence per Annum; and likewise the Ground called
Cottagers-Close was valued at Nine Pounds Six Shillings
and Six-pence; but Four Acres, Parcel thereof, was in
Lease to John Holdred, worth Six Pounds per Annum;
so as the present Rent was but Three Pounds Six Shillings and Six-pence; and likewise the Great Meadow
was valued at One hundred Sixty-eight Pounds Ten
Shillings; but Five Acres thereof was in Lease to John
Holdred, worth Three Pounds Ten Shillings per Annum;
so as the present Rent was but One hundred Sixty-five
Pounds per Annum: All which Rents so delivered in by
the said Particular, were, by Agreements, to be made
good to the said Sir James: And that, by the said Particular, a Close in Upper Colwick, called the Parson's
Close, valued at Thirty-two Pounds per Annum, the same
being leased but at Thirty Pounds; another Close called
Wesifield, valued at Twenty Pounds per Annum, being lett
but at Nineteen Pounds per Annum; another Close called
Ladies-Field, valued at Fifty Pounds per Annum, being
lett but at Forty-six Pounds; and another Ground, called
Gunner-Beck, or the Hop-Yard, valued at Five Pounds
per Annum, being lett at Three Pounds; and another
Ground, called Benson's Holt, valued at Ten Pounds per
Annum, being lett for Nine Pounds Six Shillings and
Eight pence per Annum; and a Ground called KnightHolt; valued at Ten Pounds per Annum, being lett but
at Seven Pounds; and another Close called Dodson'sClose, valued at Eleven Pounds per Annum, being lett
but at Eight Pounds: All which aforesaid Undervalues
of Colwick amount unto One hundred Forty-five Pounds
Two Shillings and Two-pence per Annum:
That the said Doctor Symon Owen deposeth, that several Parcels of Lands in Colwick and Snenton were held by
Richard Byron, amounting to One hundred Forty Pounds
per Annum, or thereabouts; and that all the Treaties in
this Business were between Richard Byron and Sir James
Stonehowse; and the said Richard promised to allow him
his Rent out of his Money in Sir James his Hands:
That the said Richard Clarkson doth depose, That Richard Byron did hold of Sir John Byron, and afterward of
Sir James Stonehowse, several Parcels of Lands in Colwick
and Snenton, at several yearly Rents; viz. A Parcel of
Land called Flint-Land-Sick, Part of the Great Meadow,
at Seventy-four Pounds per Annum, for Three Years; and
another Parcel of Land called the Cow-Pasture, alias
Nether-Pasture, at Fifty-eight Pounds per Annum, for
Two Years; and in Snenton a Ground called the ByeMeadow, at Eleven Shillings Ten-pence, for Four Years,
which in all amount unto Three hundred Eighty-four
Pounds; and being sent to Richard Byron for the said
Rent in his Hands, was answered, that the said Sir James
had Money enough in his Hands to pay himself.-
|
|
So it appears, |
£. |
s. |
d. |
| That the said Sir James Stonehowse hath paid in Part of the Purchase-Money, as aforesaid |
16,077 |
16 |
8 |
| That the Undervalues of the Lands in Snenton, as aforesaid, being One hundred Sixty-six Pounds One Shilling and Four-pence per Annum, at Eighteen Years Purchase, being the Rate they were purchased at, as aforesaid, amount unto |
2,980 |
16 |
- |
| That the Undervalues of the Lands in Colwick, as aforesaid, being One hundred Forty-five Pounds Two Shillings and Two-pence per Annum, at Eighteen Years Purchase and an Half, being the Rate they were purchased at, as aforesaid, amount unto |
2,684 |
10 |
1 |
| That, at the Summer Assizes held at Nottingham, 1650, the Lady Ann Byron had a Verdict passed for her Dower, at the Rate of Three hundred Fifty Pounds per Annum; which, for Six Years Purchase, amount unto |
2,100 |
- |
- |
| That at the same Time, the said Lady Byron recovered Damages for the Arrears of the said Dower |
2,400 |
- |
- |
| That the Rents of the Lands, held by Richard Byron, as aforesaid, amount unto |
384 |
- |
- |
|
£. 26,627 |
2 |
9 |
That the said Doctor Owen deposeth, That he knows,
that the Title of the Lady Anne Byron's Dower, the
Annuities of the Brethren, and the Statutes upon Record,
were, at the Time of the Purchase, taken Notice of; and
that there should be a Fine levied, and a Bill in Chancery
exhibited, for the Discovery of the further Incumbrances:
and, until these were done, no more Money was to be paid
by Sir James Stonehowse:
That by a Certificate under the Hand of Thomas Turner,
Deputy Clerk of the Statute-Office, dated 22th of May
1649, Eight several Statutes are remaining upon Record,
entered into by Sir John Byron, amounting to the Sum
of Twelve thousand Four hundred Pounds:
That, 26th of December 1649, this Cause came to
Hearing, before the then Committee for Advance, &c.
when it was ordered, That several Statutes in the said
Order mentioned, amounting to Ten thousand Pounds,
were not to be allowed, in regard they were subsequent to
the Conveyance of the said Manors to the said Earl of
Worcester, which was 5 Caroli; and that Six thousand
Pounds, Part of the said Nine thousand Pounds remaining
in the Hands of the said Sir James, should continue in
his Hands, in respect of the several Incumbrances mentioned in the said Order, till further Order of the said
Committee; and that the said Sir James should, within
Ten Days, pay to the Treasurer of the said Committee
Three thousand Pounds, being the Remainder of the said
Nine thousand Pounds:
That, in the aforesaid Order of the 26th of December
1649, there is no Allowance or Provision made, for the
Undervalues of Colwick and Snenton aforesaid, amounting
to the Sum of Five thousand Six hundred Sixty-five
Pounds Six Shillings and One Peny, as aforesaid; but the
said Sir James did abate Mr. Musters Seven thousand
Pounds in the Purchase, in regard of the said Undervalues,
selling him the said Manors for Eighteen thousand Pounds,
for which himself paid Twenty-five thousand Pounds:
Stonehowse's Claims.
That, in the aforesaid Order, there is no Allowance or
Provision made for the Grounds held by Richard Byron,
amounting to Three hundred Eighty-four Pounds, as
aforesaid:
That, by the said Order, there is to remain in the
Hands of the said Sir James Stonehowse, in respect of the
Claim of Dower made by the Lady Byron, Mother of
the said John Byron, Two thousand One hundred Pounds,
till the said Committee should take further Order:
That in the aforesaid Order there is no Provision made
for the Six Brethren's Annuities of Forty Pounds per
Annum apiece:
That the said Doctor Owen and Richard Clarkson do
depose, That Six younger Brethren of the said Sir John
Byron had Annuities of Forty Pounds per Annum apiece,
chargeable upon the said Estate:
That Thomas Bailey, Deputy Clerk to the Commissioners for Compounding, and Michael Herring Receiver,
have attested the Particulars of the Composition, and the
Payment of the Fine of Gilbert Byron, one of the Six
Brethren, for his Annuity of Forty Pounds per Annum:
That Nicholas Burwell Esquire, and Thomas Linge
Gentleman, do depose, That there were none of the Depositions or Affidavits taken by the Committee for Advance, &c. or elsewhere, read at the Hearing of the said
Cause the 26th of December 1649, nor any Witnesses
examined viva voce:
And the said Thomas Lyng further deposeth, That this
Business concerning Sir James Stonehowse, and the Monies
remaining in his Hands, hath been questioned, and heard
before several Committees; viz. before the Committee of
Cambden-House of Lyme and Poole, Committees of Gloucester and Worcester, and a Committee of the . . . . .,
as this Examinant conceiveth; and that Sir James hath
been acquitted by them all, as this Examinant hath
heard; and never any Sequestration followed, till Major
Poe did undertake the Business:
And this Examinant further saith, One Nicholas Fox,
and Humfrey Worrell, who were, one after another, Solicitors and Agents for Sir James Stonehowse, and did
more particularly know the several Proceedings of this
Cause, are both dead: And this Examinant further saith,
That he hath been an Attorney for Sir James Stonehowse,
in several Suits, which have been brought against him the
said Sir James Stonehowse, by many Creditors of the said
Sir John, and Richard Byron, in Chancery, they having
some of them Statutes, Recognizances, or other Incumbrances, which they endeavour to fasten upon the Lands;
some of which Suits are yet depending:
That January the 10th 1649, the then Committee of
Advance, &c. aforesaid, upon the Petition of the said Sir
James, for a Rehearing of the said Cause, depending
before them, ordered, that the said Sir James Stonehowse
do make Performance, and give Obedience to the Order
26th of December last, and to pay into the Treasurer of
the said Committee, forthwith, the said Three thousand
Pounds, thereby appointed to be paid, according to the
Effect of the said Order:
That the said Sir James making Default of Payment of
the said Three thousand Pounds, according to the aforesaid Orders, the said then Committee for Advance, &c.
24 Januarii 1649, made an Order to sequester the said
Sir James his Estate, and to receive all his Rents, and
Debts due unto him, and to break open Doors, Locks,
&c. if resisted:
That the present Commissioners for Advance, &c. finding the Estate, Real and Personal, of the said Sir James,
sequestred by the aforesaid Orders of the 24th of January
1649, did, in pursuance thereof, issue forth their Order
of July the 12th 1650, for the Sequestration:
That the said John Musters Esquire, deposeth, That the
said Sir James Stonehowse hath made over unto him, as
Collateral Security, to save harmless the Premises, against
all Incumbrances done by the said Sir John Byron, and
Richard Byron, or the said Earl, &c. certain Lands to the
Value of Seven or Eight hundred Pounds per Annum:
That the said Richard Clerkson, and Edward Pym, do
depose, That, by reason of several Warrants issued out by
Richard Byron, then Governor of Newark, to the Bailiffs
and Tenants, to forewarn them to pay their Rents to the
said Sir James, alleged by the said Warrants, to be
then in Rebellion against the King, whereby the aforesaid
Manors lay long waste; and, by reason of Warrants
granted by the said Richard Byron to Colonel Philip Stanhope, Governor of Shelford-house, to demand and receive
the Rents of the said Manors, who took the said Bailiff
and other Tenants Prisoners, and enforced them to pay
the same unto him; and by reason of the several Assessments paid to the Garison of Nottingham, and the Scotts,
&c. besides, to the Advancing to the Garison of Nottingham One hundred Pounds upon the Propositions;
and the Supplying the said Garison with Eight hundred
Loads of Hay, or thereabouts, to the Value of above
Four hundred Pounds; the said Sir James, during the
Six Years he continued the Possession of the said
Manors, did receive from thence but very small and
inconsiderable Sums of Money.
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