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 47. Please look at all notes at the end of the document or documents on page 47.

Notebook, Court of Wards, folios 26 and 27

Winthrop, John

1627

these 3 were bonde but Sir H. Manw: had all the monye1	{	Sir Henry Manwaringe2	}	the Lady Anne Deane is Comittee of Sir Drue Deane her warde, and they bothe are executors to Sir Jo: Deane.1
		Sir John Deane knight3
		Richard Millward of St. Clement Daynes in Com. Mid. Tayler tenentur
		Thome Salmon generosi in CC li. pro solucione one hundred and vse

I was given to vnderstand that all the vse was payed vntill a litle before Readinge Term4 by the Tayler

I have heard that Sir Henry is a Courtyer and of good esteate beinge principall debtor Richard Millward the Tayler I have hearde is nothinge worth.

The plaintiff Thomas Salmon I hav hearde is servant to my Lo: Cook5

I have hearde that he hath sewed forth ij fieri facias6 this terme therefor they purpose to extende

Iniunction against Tho: Salmon to staye execution.7

In Curia Liv. et Wardorum

1. To moue for the Lady Deane, and Sir Drue Deane the warde.

Ter. Mych: 3 Caroli:

2. To moue for Mr. Brooker.

Mr. Thomas Brooker.

The kinge sueth for theise landes called the manor of Sundridge8 in the Exchequer et igitur

Pray that hee may not bee inforct to sue his lyvery for theise landes vntill it bee determined whether hee shall enioye theise landes or noe.9

Sir J. Deane died Aprill10 17. Imo Caroli.

The Office was founde at Braintree in Essex Aprill 13. after.11

Sir Jo: D: made his Testament Feb: 9: before his deathe, and made Anne Lady Deane his wife and Drue D: now a knight his Executors.12

Anne Lady Deane is Comittee of the wardshipp etc. The grant of the bodye etc. bears date May 30. 2: Caroli. The lease of the wardes landes bears date May 27. before.

The Iudgment had by Salmon against Sir Jo: Deane was vpon a bond of 200 li. for payment of 100 li. the Iudgment was entered vp in Hillary terme. the Apperance made by Supersedeas13 at Readinge terme.14

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.

10.

A mistake for February.

11.

“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.

12.

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.

13.

“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.

14.

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.”

Notebook, Court of Wards, folio 28

Winthrop, John

Whereas William Goldock 1 tenant to certayne marshlandes in Reynham in Kent amongst others had agreed before his tyme to seale his lease of the same landes and to put in sufficient security to performe the covenantes viz: obi: 500 li. The rent 200 li. per annum, which is behynd 100 li. from Michelmas last, and from our Lady day etc. Whoe since being vpon his conscience admitted to occupy the land, hath continued his possession aboue two yeares and taking advantage of the Ladye Sackviles2 incapacity to seale a lease or take her course at law agaynst him being vnder coverte Baron etc. will neither pay his rent nor performe covenantes but suffers the marsh walls to be in decay or at least not sufficiently mayntayned to prevent the drowning of the marshes if it should please god to send a dangerous 48floud, which if it should happen, it would be 300 li. damage at the least to the Lady Sackvile besides 300 li. which about 3. yeares since she hath disbursed vpon making vp the breaches of the said walls wherevpon since Christmas by my Ladyes appoyntment a distres was taken for non payment of his rent, and a reëntry made vpon him according to the tenor of the draught of the lease he being in the meane tyme a trespasser or tenant at will at the best, but since he hath broken open the barnes dores which were locked by my Ladyes appoyntment and holdes the farme by torte and force wherevpon the Lady desires the assistance of the honorable Courte of Wardes or to be advised some lawfull course for her remedy herein.
Comittee Sir George Riuers knight3 Richard Amhirst4 sergeant att Law Edward Lyndsey Esq.5
Henry Sackvyle6

Aunswered. To move for order for the rent, and for possession.
1.
“Vpon readinge the affidavit of Robert Hyet Esq. this daie recorded It is ordered that an Iniunction shalbe heereby forthwith awarded against William Gouldock of Rainham in the Countie of Kent yeoman one of the tenantes and occupiers of the lands of Henry Sackvile esq. a lunatick for his presente payment of the some of three score and eight poundes vnto the said Robert Hyett to the vse of the Comittee of the said lunaticke And this order shalbe a sufficient warrant to the Clarke of this Courte in that behalfe.” C. W. 543. 3.
2.
If the name be correct, and not an error in drafting for Henry Sackville, the reference must be to Lady Margaret Sackville, who married John Tufton, Earl of Thanet, April 21, 1629; or to Lady Isabella Sackville, who married James Compton, Earl of Northampton, July 5, 1647. They were the daughters and heirs of Richard Sackville (1589–1624), third Earl of Dorset. There are monuments to the third Earl and to the Countess of Thanet in Rainham church. Violet Sackville-West, Knole and the Sackvilles (London, 1923).
3.
“Sir George Rivers of Chafford in the County of Kent knight.” C. W. 566. (unpaged), January 30, 1628. He was named one of the executors of Robert Sackville, second Earl of Dorset, in 1609, who bequeathed to him £100.
4.
Richard Amherst of Amherst, co. Sussex, of an old county family; General Jeffrey Amherst, (1717–97) was a descendant of his younger brother. He was admitted to Gray's Inn in 1585, called to the bar in 1593, acted as high steward of the manors of the first Earl of Dorset, and was made a Serjeant in 1623. The Pension Book of Gray's Inn, 1569–1669, R. J. Fletcher, Ed. (London, 1901); Collins, Peerage of England, Brydges, Ed., II. 144.
5.
Edward Lyndsey of Bucksted in co. Sussex. Named among the “loving servants” of the first Earl of Dorset, in his will. Robert, second Earl of Dorset, was succeeded by his son Richard (1589–1624), a byword for extravagance, who dissipated much of the vast fortune accumulated by the good husbandry of his predecessors, and left the family estates deeply burdened with debt. To Rivers, Amherst, and Lindsey, his sureties, he conveyed and assured “divers Mannors and Lands of sufficient Value to pay the Debts.” A grant of protection was issued to them by Charles I, June 29, 1626, in which it is expressly stated that “Edward now Earle of Dorsett,” brother and successor to Richard, gave his consent to this arrangement. Rymer, Foedera, XVIII. 722–724. In the names of the Ladies Margaret and Isabella, coheiresses and wards of the king, their committee, the Dowager Countess, brought suit against Rivers and his associates, whose troubles between the impatient creditors on the one hand and the little heiresses and their stubborn guardian on the other may readily be conceived. C. W. 541. 528, 548; 542. 1160, 1163, 1197, 1269, 1339, 1359, 1386, 1437, 1471; 543. 27, 41, 79; 566. (unpaged), January 30, 1628; 567. 6, 112, 202. This last is an affidavit of Lindsey that he has 183 witnesses still to be examined!
6.
Henry Sackville, second son of Thomas, first Earl of Dorset. See the injunction against Goldock awarded in his behalf, page 47, supra. He appears again, C. W. 543. 286, 473, October 23, 1628, when Emmanuel Downing is named as his attorney and Nicholas Pye as defendant; and 543. 494, where, after hearing “mr. serieant Amhurst of Counsell with the Comittees of Henry Sackvill esq. a Lunatick,” the court awards an injunction against “Christofer Bateman of Mynster in the Isle of Shepey in the Countie of Kent late a tenante at will of a Messuage and Landes of the Lunatiques in Minster aforesaid,” directing him to pay forthwith the rent due at Michaelmas last and not to cut any bushes or trees or commit any manner of waste.
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