Docketed: Partridge Petition. D. 29°. Novembris 1627. Hankins for the wardship of Partridges. Intered.1

Folios 24 verso and 25 recto are blank. In folio 25 verso, Naunton's direction, written vertically, with autograph signature, occupies the left side; the docket, written horizontally, is in the right upper corner, at the right of the original fold; a part of the remaining surface is occupied by practice exercises of John Winthrop, Jr., in writing his name, initials, and monogram.

These notes in the corners of the memorandum are in Winthrop's own hand.

Sir Henry Mainwaring or Manwaring (1587–1653), graduate of Oxford, member of the Inner Temple, successful pirate, recipient of the royal pardon and of knighthood, unsuccessful candidate for the command of a Venetian fleet, member of Parliament, captain in the squadron that brought back Prince Charles from Spain, member of the Commission on the Navy of 1626 and the Council of War of 1628, master of the Corporation of Trinity House, rear-admiral, vice-admiral, Oxford Doctor of Physic; author of various treatises, including Of the Beginnings, Practices, and Suppression of Pirates and The Seaman's Dictionary. See his Life and Works (London, 1920–22, 2 vols.), edited by G. E. Manwaring and W. G. Perrin in the Publications of the Navy Records Society. Marvellous tales are related of the booty which he gained as a pirate; on one occasion, it is said, he restored the fortunes of an engagement by firing pieces of eight from his ordnance when the supply of cannon balls was exhausted; but there is no lack of evidence, aside from the present document, to show that after his return to lawful pursuits he was commonly impecunious and in debt. When he compounded as a royalist in 1651, his entire estate consisted of “a horse and wearing apparel to the value of £8.”

For the three Deanes mentioned here, see numerous references in Vol. I. and p. 37, note 3 38 note 5 .

Michaelmas term, 1625, kept at Reading, co. Berks, because of the plague.

Sir Edward Coke (1552–1634), the famous jurist.

“Fieri facias is a Writ iudiciall, and it lyeth where a man recouereth debt or dammages in the Kings Court, then hee shall haue this Writ to the Sherife, commanding him that hee leuie the debt and dammages of the goods of him against whom the recouery is had, and it lyeth alwaies within a yeere and a day.” Rastell, Les Termes de la Ley (1636), 173.

Besides the proceedings against Salmon, suit was brought by Sir Drew Deane against Mainwaring and Millward. For motions of Winthrop in this case, see Robinson, John Winthrop as Attorney, 11, 13.

In the parish of Sundridge, Codsheath hundred, co. Kent.

“Vpon the mocion of mr. Landen of Counsell with Tho: Brooker esq. late his Maiesties ward whoe did now Informe that the Mannor of Sundrich in the Countie of Kent whereof the said late ward is to sue liuery is in question in the Exchequer and did therefore move that his Liuery might be contynewed vntill it may appeare whereof he is to sue his Liuery It is therefore ordered that the said Thomas Brooker shall attend mr. Surveyor to giue him satisfaccion that the liuery may be further contynewed if ther be cause.” C. W. 542. 1224.

A mistake for February.

“By speciall direccion from the right honorable the Master of this Courte vnder his hand of the xxiijth of this Februarie subscribed vnder the peticion of Dame Anne Deane widdowe ..., It is ordered that a writt of diem clausit extremum or a comission of that nature shalbe awarded into the Countie of Essex to enquire after the death of Sir John Deane knight deceased.... And it is further ordered that the Office with a Schedule and Confession of the estate shalbe retourned the firste settinge vpon Compositions in Easter Terme next.” C. W. 541. 638; see 541. 711.

The will of Sir John Deane, in the Prerogative Court of Canterbury, 57 Hele, is as follows:

Sir John Deane of Maplested Magna in the Countie of Essex, Knight, 9 Feb. in the firste year of King Charles, 1625[–26]. Item Vnto my daughter Anne Deane six hundreth poundes; and to my daughters Elizabeth Deane, Dorcas Deane, Frances Deane, and Mildred Deane fiue hundreth pounds a peece as they shall come to the age of eighteene yeares. And I doe will and bequeathe vnto my welbeloued wiefe my Mannor of Dyneshall and other my landes in Maplested Magna, Maplested Parva and Halsted in consideracion of Indenture wherein I covenaunted to augment her Joynture Fowerskore poundes a yeare. Vnto Executors the profitts of my leases of Poslingford Hall, Howton Hall, Impie Hall, Bully Hall, Nether Hall and Overhall in the parishes of Poslingford, Chavendishe, and Clare in the countie of Suffolke, duringe twelfe yeares, towards payment of legacies. Vnto Drew Deane my eldest sonne the residue of said leases. Vnto John Deane my sonne fifty pounds a year out of my lands of Onehouse and Calcott in Suffolke at his age of twenty yeares. I make my welbeloued wife and my sonne Drew Deane my executors. And I doe humbly praye the right Honorable his Maiesties Master of his Highnes Courts of Wardes and Liveries that he would be pleased to graunt the Wardship of my sonne to my welbeloued wife. Probat. 4 May 1626 Juramento Domine Anne Deane relicte. Reservata potestate Drugonis Deane filij. Probatum 20 Nov. 1626 Juramento Drugonis Deane filij.

“Supersedeas is a writ that lyes in diuers cases, as it appeareth by Fitz. N. B. fo. 236. A. but it is alwayes a command to stay some ordinary proceeding in law, which ought otherwise to proceed.” Rastell, Les Termes de la Ley, 277.

Michaelmas term, 1625. See p. 45, note 5 note 4 . The page is in Winthrop's hand. In the left upper corner he has jotted down a number of words and figures from which we can make out “45 li. xv s.” and the information that the heir was “etatis 19: 5. martij ante captam inquisitionem 1°: Caroli.”