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Papers of the Winthrop Family, Volume 2

Introduction

Notebook, Court of Wards, folio 2

1624
4
Notebook, Court of Wards, folio 1
Winthrop, John

In Hillarie Tearme 1622–23. s. d.
For the Atturnies fee1 3 4
For a privie seale 6 0
Easter Tearme 1623. s. d.
For the Atturnies Fee 3 4
Trinitie Tearme
For the Atturnies Fee 3 4
Michaelmas Tearme
For the Atturnies Fee 3 4
For a mocion 5 0
For an order therevppon 1 0
To the master of the office for his hand 2 0
For enteringe the order 1 0
For an attachement2 6 0
Hillary Tearme
For the Atturnies Fee 3 4
Easter Tearme 1624.
For the returne of a writt of proclamacion by the sherriffe of Norffolk 2 0
For a writt of proclamacion of Rebellion3 6 0
For a mocion and order therevppon for a writt of proclamacion 9 0
For the Atturnies fee 3 4
Trinity Tearme s. d.
For the Atturnies Fee 3 4
Michaelmas Tearme
For the Atturnies Fee 3 4
Hillarie Tearme
For the Atturnies Fee 3 4
To the messinger to arrest Hicklinge4 3 4
5
For an attachment to the sherriffe of Middlesex 6 0
For a mocion for the said attachment and an order therevppon 9 0
For a mocion for an attachment to the sherriffe of Norffolk the same tearme and an order therevppon 9 0
For an attachment to the sherriffe 6 0
Easter Tearme 1625.
s. d.
For the Atturnies Fee 3 4
For another attachment to the sherriffe of Norffolk 6 0
In Micha: Tearme
For the Atturnies Fee 3 4
For another attachment 6 0
Hillary Tearme
For the Atturnies Fee 3 4
To the sherriffe of Middlesex for returning a proclamacion 4 0
s. d.
For a writt of Rebellion 6 0
Easter Tearme 1626.
For a mocion against Hickling and the Sherr: of Norffolk and an order therevpon 9 0
For the Atturnies Fee 3 4
Trinity Tearme
s. d.
For a mocion against Hickling and the sherr: of Norffolk and an order therevpon5 9 0
For the Atturnies fee 3 4
1.

This is the case of Sir Henry Jerningham, Jernegan, or Jarnegan, baronet, of Cossey, co. Norfolk, against Thomas Hickling of the same county. Jerningham's attorney in this case was Latimer, while Winthrop, it seems probable, was counsel. When Winthrop succeeded to Latimer's attorneyship in the Court of Wards (I. 340) he succeeded also to the charge of this case. For Winthrop's motions in behalf of Jerningham in another case, see John Winthrop as Attorney, George W. Robinson, Ed. (Cambridge, 1930), 16, 17, and 20.

2.

Attach is a taking or apprehending by command or writ. There are some differences between an arrest and an attachment, for an arrest proceedeth forth out of the inferiour courts by Precept, and attachment out of the superiour Courts by precept or writ,” etc. John Rastell, Les Termes de la Ley (London, 1636), 32.

3.

Proclamation de rebellion, is an open notice giuen by an officer, that a man not appearing vpon a Subpoena or Attachment . . . shall be reputed a rebell, except hee render himselfe at the day assigned.” Rastell, Les Termes de la Ley, 245 verso.

4.

“Sir Henry Jernegan baronett maketh oath that longe before Hillary Terme in the xxijth yeare of his late Maiestie Kinge James the defendant Thomas Hicklinge was served with process to appeare in this honorable Court to answere the Informacion against him.” Court of Wards (British Museum), 566 (unpaged) May 7, 1627. See Hickling's deposition of May 2, 1627, in the same volume.

5.

On June 9, 1626, the Sheriff of Norfolk was ordered to “bringe in the body of the said defendant Hicklin by Frydaie next vpon paine of xx li, and the former paine of x li. to stand and to be put in process.” C. W. 541. 844, see also 915.