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Papers of the Winthrop Family, Volume 2Note: you've followed an index reference to a note that, due to changes between the print and digital editions, may no longer be on page 43. Please look at all notes at the end of the document or documents on page 43.

Notebook, Court of Wards, folios 17 to 19
Winthrop, John

Hill: 3: Caroli
Howe1 his Wardship
li. s. d.
Mr. Chamberlaine pro Schedule 0 19 0
Engrossing the Schedule 0 7 0
The peticion 1 3 4
The Auditors hande 1 0 0
Rec. of mr. William Hazell x li. Rec. more 2 14 6
To the master for the sch: and peticion 1 5 0
To mr. Att. for the Lease and Sch: 1 4 0
mr. Receyver for 2 Acquitt. 0 8 0
Mr. Windsors bill viz:
pro Indentures pro terris 1 0 0
pro feudo mr. Chamberline et sigillo 0 18 0
Draught 0 6 8
2: bondes 0 4 0
given the Clerke 0 1 0
Mr. Tho: Chapmans2 Bill pro illegible
for the Seale and Fee 2 0 0
Indentures and Schedule 1 10
2 bondes 0 4
39
Comiss. pro sacramento 0 6 6
drawinge the Demise and takinge out bond 0 9 0
enrolling the Demise 1 5
for my paynes 2 0 0
Corbettes3 Wardshipp
Rec. vij li. rec. more 7 11 0
mr. Att. Order for putting of Corpse 0 16
mr. Chamberline for another daye 0 2 0
mr. Fabian for the Schedule 1 4 6
Mr. Att. for the Order vpon the Rule 0 10
his man 0 2
for the Affidavit 0 2 0
for entering the order and Affidavit 0 7 0
takinge out the Schedule 0 19 2
Jeffery for the Abstract to mr. Att. 0 0 6
Rule for mr. Corbett not to medle with the body 0 2 0
Mr. Att. order vpon it.
the perticelar 1 6 8
for 3: Accomptes within age 1 0 4
mr. Auditors hande 1 0
more to him ex parte order 0 10 0
to the man for engrossing the Schedule at 3 s. 4 d. a sheet 0 16 8
mr. Att. pro order pro dē Comittee and non medle with Corps 0 12 0
pro intratione eiusdem 0 4 0
to the master pro Schedule and peticion 1 5 0
Summa 10 17 2
40
more to mr. Att. pro sched. and petic. and his man. 1 14 0
in all 12 11 2
to mr. Windsor in hand 2 0

Stantons meane Rates
Edw: for the peticion 0 2 6
signinge etc. the Peticion 0 12 6
Howe. Rec. may 15. 10 li.
Deliuered by me to Edw: in all xiij li. 10 s.
and after x s.
pro tender liuerye x s.
pro 2: Acquitt. x s.
mr. Corbett owes me still 0 16 6
and if he .... of the grant he .... in the bill I gave him it is now 1 4 4

Fowls4 Wardship. Pasc: 4to Caroli
Rec. vj li.
and ij li. x s.
The Peticion and to the secretarye 0 15
mr. Attorneys order 0 12
41
the entringe and Copye 0 5
the bond 0 3 4
the Commiss. 1 0 6
For a privye seale against John Carver5 0 7 10
To mr. Cholmly for Costes 0 10 0
To mr. Clenche for the Surveigh 3 0 0
To his man 0 10 0
for Coppieng the office 0 2
for transscripting the Office vz
For drawinge the Schedule 0 14 4
Jeffrey for carrieng the Schedule 0 1 0
mr. Auditor for the Schedule and peticion 2 13 4
To mr. Att. for the order pro Allow. Conc. 0 10
To his man 0 3 0
To mr. Lambe for getting the office transscripted 2 0 0
mr. Att. for the allowing the Abstract 1 0 0
his man 0 3 0
mr. Chomly for the Inform. 1 0 0
his man for Ingrossing it 1 0 0
mr. Att. for signing the Inform. 0 10 0
to his man 0 2
To the masters Secretary extraordinary 2 5
mr. Att. pro Schedule and Demise 1 4 0
mr. Receiver pro fine remiss. 3 6 8
to him pro fine demis. 2 5 0
pro 2: Acquitt. pro eisdem 0 6 0
To mr. Pays
for the seale 0 4 0
for the master of the office 0 14 0
the draught 1 5 0
Indentures Ingrossed 1 0 0
2 bondes 0 4 0
To mr. Fowle himself 3 0 0
42
more to him by Fr: Whitmore 1 0 0
mr. Att. for the order pro Allow. Concele
To mr. Brooke pro illegible
masters Fee and seale 2 0 0
the grant 1 6 8
Schedule 0 6 8
Bonde 0 2 0
mr. Brookes man 0 2 0
mr. Chamberline and mr. Westly6 for entring the Order pro All. Concel 0 4 0

Term. Trinitatis 4: Caroli
li. s. d.
Rec. of Mr. Math: Allyston7 1 7 6
Term. Pasch: 5 Caroli
Rec. of mr. Henry Eaton towardes the passing of the wardship of John Eaton vpon the decree8 2 2 0
Laid out
To the masters secretary pro schedule and peticion 1 5 0
To mr. Att. pro eisdem 1 4

Prov: the Will—18—10.9

Fones Wardship.10 Pasch: 5: Caroli
The Petition 0 15 0
mr. Att. order for it 0 12 0
43
entringe the Petition and Order 0 5 0
The Writt of Diem Clausit
The bond for pro privie seale 0 3 0
The writt 0 3 0
1.

A letter of the Reverend John Wilson to Winthrop concerning this wardship, dated February 3, 1627–1628, is printed below, pp. 57–58. See also the notes there given. This is a Sudbury case.

2.

See page 30, note 4 33 note 110 .

3.

A Norfolk case, the wardship of Sir Thomas Corbet baronet, of Sprowston, co. Norfolk, son of Sir John Corbet, first baronet, whom he succeeded January 19, 1627–28. Blomefield, Norfolk, x. 459–460; Cokayne, Complete Baronetage, I. 219–220, appears to be in error as regards the name. Miles Corbet of Lincoln's Inn, one of the regicide judges, was younger brother of the first baronet and uncle of the ward; his letter to Winthrop of October 6, 1628, concerning the wardship is given in Vol. I. 408, and his affidavit of May 21, 1628, is preserved in C. W. 567. 68: “Miles Corbett maketh oath that the Priory of Weybridge whereof a dyinge seized is found in the office after the death of Sir John Corbett is in Lease for aboue a hundred yeares yett to come att the Rent of vj s. viij d. per annum. And that the debtes of the said Sir John Corbett att the tyme of his death amounted to Fiue and twenty hundred pounds And that Fower thowsand poundes of the porcions and Legacyes mencioned in the said office to bee paid vnto the sisteres of the said Sir John Corbett and others out of the wardes estate are yet behinde and vnpaid And the Mannor of Wroxham and landes in Wroxham are chardged with Annuities of Eight score poundes per Annum for three lives yet in beinge.” Upon reading this affidavit, the court ordered “that the Composicion allready made for the wardship of the body of Thomas Corbett baronett his Maiesties ward shall proceede and the schedule to be deliuered by the Clerke of this Courte for that purpose.” C. W. 543. 129, May 23, 1628.

4.

Thomas Fowle of Hedingham-Castle, “son and heir of Thomas Fowle deceased.” The master of the Court of Wards, upon petition of Deane Tyndale, ordered a writ of mandamus to be “awarded into the Countie of Essex to enquire after the death of Thomas Fowle deceased.” C. W. 542. 1533, February 25, 1628. The son was admitted to the Inner Temple in November, 1628, at which time Winthrop became his bondsman for the payment of “Commons and other duties.” The bond, which is in the Winthrop MSS. I. 42, follows:

Nouerint vniuersi per presentes me Thomam Fowle de Hedingham Castle in Comitatu Essexie generosum teneri et firmiter obligari Johanni Winthrop de interiore Templo London Armigero in Octoginta Libris legalis monete Anglie Soluendis eidem Johanni Winthrop aut suo certo Attornato executoribus Administratoribus siue Assignatis suis Ad quam quidem solucionem bene et fideliter faciendam obligo me heredes executores et administratores meos firmiter per presentes Sigillo meo sigillatas datas decimo septimo die Novembris Anno regni domini nostri Caroli dei gratia Anglie Scocie Francie et Hibernie Regis fidei defensoris etc. quarto.

The Condicion of this Obligacion is such That whereas thabouenamed John Winthrop at the speciall instance and request of thabouebounden Thomas Fowle by his Obligacion or writinge obligatory bearing the date abouewritten is and standeth bound together with the said Thomas Fowle vnto Sir Richard Shelton Knight Treasurer of the Inner Temple London abouesaid in the sume of Forty poundes of lawful money of England with Condicion for the payment of such Commons and other duties as the said Thomas Fowle shall hereafter bee liable and ought to pay to the Treasurer of the said house for the tyme being as by the said Obligacion and Condicion more at large may appeare If therefore the said Thomas Fowle his heires executors and administrators or some of them shall from tyme to tyme and att all tymes hereafter discharge save and keepe harmelesse the said John Winthrop his heires executors and administrators and euery of them of and from the said recited Obligacion and of and from all Accions suytes damages and demands which hee or they shall or may incurre sustayne or be putt vnto for or concerning the same Then this present Obligacion shalbe void and of none effect or else remayne and abide in full force strength and vertue.

Sealed and deliuered in the presence of vs Phillip Marky Edmund Johnson. Tho Fowle. [Seal]

Endorsed by John Winthrop: Tho: Fowle his Counter bond.

Arthur Tyndal speaks of Thomas Fowle in a letter of February 10, 1628–29, printed below, as already established in an office. Winthrop appears again as his bondsman in a document of February 16, 1628–29, printed infra, pp. 71–72.

5.

See Vol. I. 385.

6.

“Richard Westley one of the Clerkes vnto Richard Chamberlayne esq. Clerke of this Court.” C. W. 566. (unpaged), February 9, 1627.

7.

Matthew Alliston of Hedingham-Castle, co. Essex, maternal grandfather of Thomas Fowle. Muskett, 197; infra, p. 70.

8.

Supra, p. 25. The copy of the decree, in the Winthrop MSS., I. 43, follows:

Curia Wardorum et Liberacionum
In the Counsell Chamber xxixth die Maij Anno R. Regis Caroli etc. Tertio

Direccion is geven that an Iniunction shalbee forthwith presently awarded for the possession of the landes of John Eaton his maiesties ward to bee forthwith deliuered vnto Henrie Eaton whoe is appointed by former order to bee the lessee of the said landes and in regard the former grante of the bodye and lease of the landes of the said ward cannott now bee come by to bee surrendered they are to bee by decree of this Courte declared forfeyted and voide in Lawe in regard the fine and rentes are not paid accordinge to the promises in the said grantes mencioned and a new schedule and perticular are to bee drawne vpp for passinge the said wardship and lease in the name of the said Henrie Eaton and a decree to bee drawne vpp for the purposes aforesaid.

Awdeley

9.

The will of Thomas Fones is meant. See Vol. I. 144, where the same charge is entered.

10.

Thomas Fones, Winthrop's brother-in-law, died at London, April 15, 1629. Since he held property in capite, his son and heir, Samuel Fones, was a ward of the king. See the will, writ, and inquisition, infra, pp. 82–83. Particulars concerning the dues, debts, and funeral expenses of Thomas Fones are given in Vol. I. 143–144.

Notebook, Court of Wards, folio 20
Winthrop, John Oxenbregge, William Taylor, Mr.

1627

Good Mr. Taylor1 this my letter shalbe to let you knowe and to testefy the officers of the court of Wards, that by reason of my disability in hearing, and the death of Mr. Reade I desire to be spared as vnfitt for commissioner, or to examine when I can not heare their answeres nor the other comissioners examinations without such lowd speaking as is vnfitt for such a business, and whereby I might doe the Lady Kingsmill2 (that named me not knowing of myne infirmity) great wrong, and yet no fault of mine. Thus with my kinde salutations I betake you to God and ever rest

Your very loving frend William Oxenbregge.3
1.

“Mr. Taylor (the Clerke of the Evidences).” C. W. 567. 638.

2.

An order of November 7, 1627, shows that Joshua Kingsmill was plaintiff by bill of allowance against Dame Bridget Kingsmill, widowed mother and committee of William Kingsmill his majesty's ward concerning an annuity of twenty pounds, and that there were to be three commissioners “for makinge of the Award betweene the said parties.” C. W. 542. 1145; see 567. 428.

3.

William Oxenbridge of Hurstbourne-Prior, co. Hants, admitted to the Inner Temple November, 1595.

Notebook, Court of Wards, folio 21
Winthrop, John Talmach, Richard

1627-04-23

Curia Wardorum et liberacionum

Inter Johannem Smith1 his Majesties Warde Complainant and Henry Simondes defendant

Richard Talmach maketh oath that he did see John Stone gent, shewe his Majesties Writt of Privie Seale granted forth of his honorable Courte vnto the defendant Henry Symondes and sawe him deliuer a Coppie thereof vnto the saide Symondes the same Pryvie Seale beinge for answeringe the wardes suite, and retornable mense Paschae this present Tearme

Richard Talmach Jurat. xxiij° die Aprilis 1627 coram Wal: Pye

Endorsed: Affidavit inter Smithe et Simondes.

1.

See the references above to this interminable series of cases, particularly p. 16, with notes 1 and 3, 28 and 30 .

Notebook, Court of Wards, folio 22
Winthrop, John

1627-04-23

xxiij° Aprilis Curia Wardorum et liberacionum. Termino Pasche Anno Regni Regis Caroli Tertio.

Vppon the motion of Mr. Winthrop Attorney for Henry 44Farr1 esquire by Informacion published against Robert Salmon and John Rogers defendantes It is ordered that the defendantes shall annswere the published Informacion by Wednesday nexte.

Expedita per Chamberlayne Clericum Curiae Wardorum et Liberacionum
1.

For other motions of Winthrop in Farr's behalf, see Robinson, John Winthrop as Attorney, 12. See also pp. 21, 26, supra.