House of Commons Journal Volume 7
14 September 1652

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1802

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'House of Commons Journal Volume 7: 14 September 1652', Journal of the House of Commons: volume 7: 1651-1660 (1802), pp. 178-182. URL: http://british-history.ac.uk/report.aspx?compid=24068 Date accessed: 31 October 2014.


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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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