THE
CASE
Between
the
Creditors
of
William
Courten
,
and
Sir
Edward
Littleton
,
AND
The
Heires
in
Tayl
of
William
Courten
and
the
Common-wealth
.
SIR
William
Courten
Knight
an
eminent
Merchant
of
London
,
8.
Car
.
Reg
.
being
seised
in
his
demesne
as
of
Fee
,
of
and
in
the
Mannors
of
Pyrton
,
Evesham
,
Annton
▪
Stoke
alias
Severn
Stoke
,
Wyerpidle
,
Stone
,
Shenstone
,
Bengworth
,
Over
Swell
,
and
several
other
Mannors
and
lands
within
the
Counties
of
Worcester
and
Gloucester
,
did
by
his
Indenture
bearing
date
25.
Febr
.
1632.
bargain
and
sell
the
said
Lands
(
inter
alia
)
unto
Samuel
Bonnel
for
a
year
,
which
were
then
worth
4000
l.
per
annum
.
Sir
William
Courten
and
William
Courten
his
son
by
their
Indenture
bearing
date
the
first
of
March
,
1632.
made
between
the
said
Sir
William
and
William
his
son
,
Samuel
Bonnell
attorned
according
to
the
form
of
the
Statute
for
transferring
of
Uses
into
possession
,
made
27.
Hen
.
8.
Vide
the
Office
found
and
returned
,
12.
Car
.
of
the
one
part
,
and
the
Earl
of
Bridgewater
,
Sir
Thomas
Tirringham
,
Sir
Bevis
Thelwell
and
Edward
Savage
of
the
other
part
,
in
consideration
of
a
Marriage
to
be
solemnized
between
William
Courten
and
the
Lady
Katharine
daughter
to
the
Earl
of
Bridgwater
,
and
for
her
Iointure
did
grant
,
enfeoffe
,
and
confirm
,
to
the
Earl
of
Bridgwater
,
Terringham
,
Thelwel
,
and
Savage
,
and
their
heirs
,
the
premises
with
the
appurtenances
,
to
the
uses
following
,
viz.
Pyrton
,
Annton
and
Evesham
to
William
Courten
the
son
for
life
,
after
to
the
use
of
the
Lady
Katherine
for
life
in
recompense
of
Dower
,
and
after
to
the
heires
males
of
the
body
of
William
,
for
want
of
such
to
the
heires
of
William
,
for
want
of
such
to
the
right
Heires
of
Sir
William
for
ever
,
The
other
Mannnors
and
Lands
in
the
same
grant
,
were
to
the
use
of
William
for
life
,
the
remainder
to
his
heires
in
tayle
,
&c.
Sir
William
Courten
being
in
great
trading
,
and
having
a
vast
credit
,
Many
of
the
Debts
are
oweing
still
upon
other
security
which
is
become
invalid
.
and
having
borrowed
several
great
sums
of
money
upon
his
own
and
his
son
William
Courtens
bond
in
the
year
1636.
made
his
last
Will
and
Testament
in
writing
,
and
gave
his
son
William
all
his
Lands
and
Personal
Estate
,
made
him
sole
Executor
,
and
dyed
80000
l.
in
debt
,
and
upon
his
death-bed
charged
him
to
pay
his
debts
,
and
preserve
the
credit
and
esteem
the
World
had
of
him
.
William
his
son
in
obedience
thereunto
made
Probate
of
the
said
Will
,
and
took
upon
him
the
execution
thereof
.
William
Courten
levyed
a
Fine
Sur
conusans
de
droit
come
ceo
,
&c.
Easter
12.
Car
.
Laxstone
then
sold
to
the
Earl
of
Kingstone
.
to
Sir
Edward
Littleton
Barronet
,
his
brother
in
Law
,
and
Thomas
Coppin
of
the
Mannor
of
Over
Swell
,
with
the
appurtenances
,
in
the
County
of
Gloucester
,
and
of
the
Mannors
of
Severn
Stoke
,
Wyerpidle
,
Stone
,
Shenstone
,
Bengeworth
and
Hooe
,
in
the
County
of
Worcester
,
and
of
Laxstone
in
the
County
of
Nottingham
,
1636.
William
Courten
by
Indenture
then
for
the
consideration
of
12000
l.
did
grant
to
Daniel
Harvey
Merchant
his
Executors
and
Administrators
,
the
Mannor
of
Severn
Stoke
,
Harvey
enters
upon
default
of
payment
,
and
Courtens
confirmation
after
the
Mortgage
.
with
other
Farmes
,
and
Demesne
Lands
in
the
County
of
Worcester
for
the
Term
of
99
years
without
impeachment
of
Wast
at
a
pepper
corn
rent
,
under
a
Proviso
or
condition
of
redemption
,
to
be
voyd
upon
payment
of
the
money
with
interest
upon
a
day
certain
at
the
end
of
the
first
year
.
William
Courten
by
Indenture
dated
the
12.
of
August
1636.
for
the
consideration
of
5000
l.
Did
grant
to
John
Rushout
Merchant
,
his
Excecutors
and
administrators
,
Rushout
enters
1646.
upon
default
of
payment
of
principal
and
all
the
interest
,
from
the
time
of
the
grant
.
the
Mannors
of
Over
Swel
,
Bengeworth
,
Wyerpidle
,
Stone
,
Shenstone
and
Hooe
,
with
their
appurtenances
,
in
the
Counties
of
Worcester
and
Gloucester
for
the
Term
of
99.
years
,
without
impeachment
of
Wast
,
At
a
pepper
corn
rent
,
under
a
proviso
and
condition
of
redemption
,
to
be
void
upon
payment
of
the
money
with
interest
upon
a
day
certain
at
the
end
of
the
first
year
.
14.
Car
.
Reg
.
5000
l.
was
onely
paid
in
hand
,
the
other
secured
by
the
Land
.
Giles
Carter
,
by
his
Deed
of
Bargain
and
Sale
,
bearing
date
the
10th
.
of
April
,
1638.
Inrolled
in
Chancery
,
for
the
consideration
of
10000
l.
granted
the
Mannor
of
Lower
Swell
,
with
the
appurtenances
to
William
Courten
and
his
heires
for
ever
,
with
a
Fine
and
Covenants
,
&c.
Carter
entred
in
1647
upon
default
of
payment
,
and
then
there
was
due
to
him
6300
l.
afterwards
the
profits
paid
not
the
Interest
.
Giles
Carter
by
his
Indenture
tripartite
,
bearing
date
some
short
time
(
before
the
said
Conveyance
of
the
Fee-simple
)
made
between
him
the
said
Giles
Carter
of
the
first
part
Thomas
More
and
Anthony
Hodges
of
the
second
part
,
and
William
Courten
of
the
third
part
,
did
grant
the
said
Mannor
of
Lower
Swell
to
the
said
More
and
Hodges
for
99.
years
under
a
proviso
and
condition
,
to
be
void
if
Courten
did
pay
2600
l.
upon
the
16th
.
of
Febr
.
next
following
,
and
2600
l.
more
on
the
18th
.
of
March
next
after
,
with
a
Covenant
that
upon
default
of
payment
,
Then
the
Lease
should
be
assigned
to
Carter
or
to
whom
he
should
appoint
,
in
the
mean
time
Courten
,
to
receive
the
profits
,
which
were
of
smal
value
all
the
time
of
the
Warrs
.
Coppin
enters
1646
upon
default
of
payment
,
and
demanded
all
the
Interest
,
William
Courten
by
Indenture
dated
the
30th
.
of
July
1640.
for
the
consideration
of
1700
l.
Did
grant
to
Thomas
Coppin
the
Mannor
of
Evesham
,
with
the
appurtenances
for
20.
years
,
under
a
Proviso
,
to
be
void
upon
payment
of
1715
l.
upon
the
25th
.
of
August
next
.
Coppin
enters
1646
upon
default
in
the
right
of
Curtius
,
and
demanded
arreares
from
the
time
of
the
Lease
.
William
Courten
by
Indenture
dated
the
18th
.
of
July
1640.
for
the
consideration
of
300
l.
Did
grant
to
Allen
Edmundson
,
the
Mannor
of
Annton
to
hold
for
60.
years
,
if
William
Curtius
should
so
long
live
,
with
a
Covenant
for
enjoying
the
premises
,
by
Courten
so
long
as
he
should
pay
Curtius
50
l.
per
annum
during
his
life
.
William
Courten
by
Indenture
dated
the
first
of
August
1640
for
the
consideration
of
1300
l.
grants
to
Thomas
Coppin
and
William
Curtius
,
Coppin
enters
1646.
upon
default
of
payment
,
and
demanded
full
Interest
from
the
time
of
the
Lease
.
the
Mannor
of
Pyrton
to
hold
for
16.
yeares
if
Courten
should
so
long
live
,
with
a
condition
of
Redemption
,
to
be
voyd
upon
payment
of
1307
l.
11
s
.
8
d
.
the
third
day
of
September
next
.
Became
insolvent
by
great
losses
at
Sea
.
William
Courten
,
having
traded
and
used
Merchandizing
6.
years
together
after
his
Fathers
death
became
very
much
indebted
,
and
had
prevailed
with
the
Earl
of
Bridgwater
and
Sir
Edward
Littleton
to
become
bound
with
him
in
that
time
for
100000
l.
principal
money
and
upwards
,
and
besides
his
own
debts
upon
single
and
private
Contracts
for
Wares
and
Shipping
,
then
oweing
,
amounting
to
90000
l.
more
,
having
nothing
left
to
support
his
credit
,
but
the
equitable
power
of
Redemption
in
the
Mortgaged
Premises
,
By
the
bargain
and
sale
(
admit
it
good
)
A
defeisible
Estate
in
Fee
simple
passed
to
Sir
Edward
Littleton
,
of
Pyrton
,
Annton
and
Evesham
descendible
to
his
heires
determinable
upon
the
death
of
William
Courten
,
the
Tenant
in
Tayl
.
No
Schedule
of
Debts
,
was
annexed
to
the
Deed
.
Did
by
his
Deed
of
Bargain
and
Sale
,
bearing
date
26.
April
1642
for
the
consideration
of
twenty
shillings
,
and
to
save
Sir
Edward
Littleton
and
his
Heires
&c.
harmless
and
indempnified
,
for
and
by
reason
of
such
Debts
as
he
stood
bound
,
or
should
stand
bound
with
the
said
Courten
,
Granted
,
Bargained
,
and
Sold
,
the
said
Mannors
of
Pyrton
,
Evesham
,
Annton
,
Stoke
,
alias
Severn
Stoke
,
Over-Swell
,
and
Lower-Swell
,
with
their
Appurtenances
;
and
all
other
his
Mannors
and
Lands
whatsoever
,
within
the
Counties
of
Worcester
and
Gloucester
,
to
the
said
Sir
Edward
Littleton
and
his
Heires
for
ever
,
Vnder
a
Proviso
and
condition
,
that
if
the
said
William
Courten
,
his
Heires
,
Executors
or
Administrators
,
did
within
the
space
of
27.
Monethes
,
next
after
the
date
of
the
said
Indenture
,
pay
all
such
debts
and
sums
of
money
as
the
said
Sir
Edward
Littleton
then
stood
bound
for
,
or
should
stand
bound
for
,
and
with
the
said
Courten
,
and
save
Sir
Edward
Littleton
and
his
Heires
&c.
harmlesse
and
indemnified
,
for
and
concerning
the
same
;
That
then
the
said
Indenture
to
be
voyd
,
otherwise
it
should
be
lawful
for
Sir
Edward
Littleton
,
&c.
to
sell
,
and
pay
such
Persons
as
he
should
think
fit
.
William
Courten
did
by
his
Indenture
dated
the
20th
.
of
May
1642
,
in
consideration
of
Service
done
,
and
Wages
due
to
Humphrey
Baker
,
grant
the
house
in
Evesham
called
che
Crown
,
worth
18
l.
per
an
.
(
parcel
of
the
Mannor
mentioned
to
be
granted
to
Sir
Edward
Littleton
)
to
the
said
Humphrey
for
term
of
his
life
.
William
Courten
(
after
the
Bargain
,
and
Sale
,
to
Littleton
aforesaid
,
)
for
the
consideration
of
500
l.
paid
by
Mr.
Daniel
Harvey
,
to
him
in
the
presence
of
Sir
Edward
Littleton
did
by
his
Deed
of
Bargain
and
Sale
,
Sir
Edward
Littleton
subscribed
his
name
as
a
witness
to
Mr.
Harveys
deed
.
bearing
date
the
23d
of
June
,
1642.
grant
and
confirm
the
Mannor
of
Severn-Stoke
to
William
Harvey
and
others
and
their
heirs
for
ever
,
and
kept
the
possession
of
the
other
Mannors
and
Lands
until
March
,
1647.
received
the
Rents
,
let
the
Lands
,
absented
himselfe
from
London
,
suffered
himself
to
be
Outlawed
,
failed
in
payment
of
interest
due
upon
bonds
,
and
became
Bankrupt
in
September
,
1643.
Sir
Edward
Littleton
concealing
the
premisses
and
his
own
Delinquency
,
being
prosecuted
at
Law
by
George
Carew
for
debts
due
upon
bond
from
Mr.
Courten
to
Edmund
Hamond
,
William
Walton
,
Esq
and
Mary
Crook
Widow
,
amounting
to
3000
l.
and
upwards
,
which
were
assigned
to
Mr.
Carew
in
right
of
Legacies
given
to
Susan
Walton
his
Wife
:
The
said
Sir
Edward
Littleton
did
by
his
Indenture
dated
the
first
of
November
,
1649.
in
consideration
he
stood
bound
for
the
said
money
;
and
for
payment
and
satisfaction
thereof
,
grant
to
George
Carew
the
Mannors
of
Pyrton
and
Annton
for
the
terme
of
99
yeares
,
under
a
proviso
and
condition
to
be
voyd
upon
payment
of
the
said
debt
and
damages
.
The
Executors
of
Sir
James
Cambel
,
and
some
other
Creditors
of
William
Courten
,
The
Commission
was
many
years
obstructed
by
the
Lady
Katherine
.
Lords
Commissioners
nominated
Iames
Winstanly
,
Tho
:
Bayles
,
and
engaged
them
to
execute
it
.
exhibited
their
Petition
to
the
Commissioners
of
the
great
Seale
of
England
,
and
obtained
a
Commission
upon
the
Statutes
made
concerning
Bankrupts
,
dated
Feb.
19.
1649.
directed
to
James
Winstanley
,
George
Cotton
,
Thomas
Bayls
,
Esquires
.
Richard
Norton
,
Anthony
Boys
,
Gervas
Byliald
,
and
Thomas
Lusher
,
Gent
.
giving
power
to
them
,
or
the
major
part
of
them
to
execute
the
same
;
and
in
prosecution
of
the
said
Commission
,
upon
due
examination
of
witnesses
before
them
taken
upon
oath
,
They
found
and
declared
the
said
William
Courten
to
become
Bankrupt
,
in
September
1643.
to
all
intents
and
purposes
within
the
said
Statutes
.
James
Winstanley
,
George
Cotten
,
Thomas
Bayles
;
and
the
other
Commissioners
,
reciting
the
Commission
,
Courtens
trading
and
his
debts
,
Inrolled
in
the
Court
of
common
Pleas
.
and
that
they
found
him
seised
in
Fee
of
the
Mannor
of
Lower-Swell
,
since
he
became
Bankrupt
,
&c.
Did
by
their
deed
of
bargain
and
sale
,
bearing
date
11th
.
of
September
,
1650.
in
consideration
of
the
Covenants
in
the
said
Deed
contained
,
grant
and
convey
the
Mannor
of
Lower-Swell
,
with
the
appurtenances
to
Sir
Thomas
Abdy
,
James
Cambel
,
and
Dame
Rachel
Cambel
and
their
heirs
for
ever
,
in
trust
for
the
Creditors
that
sought
reliefe
according
to
the
form
of
the
Statutes
.
James
Winstanley
,
George
Cotton
,
and
the
other
Commissioners
,
reciting
also
their
Commission
,
Courtens
trading
and
merchandizing
,
that
he
became
indebted
,
and
lyable
to
the
Statutes
;
and
that
they
found
since
he
became
Bankrupt
,
that
he
was
seised
in
his
demeasne
as
of
Fee-simple
,
or
some
other
estate
of
inheritance
to
him
and
his
heirs
for
ever
(
amongst
other
lands
)
of
and
in
the
Mannors
or
Lordships
of
Pyrton
,
Evisham
,
Inrolled
in
the
Court
of
commom
Pleas
.
Annton
,
and
Stoke
,
alias
Severnstoke
in
the
County
of
Worcester
,
did
by
their
Deed
of
bargain
and
sale
bearing
date
,
August
21.
1651.
in
consideration
of
the
Crvenants
in
the
said
Deed
contained
,
grant
and
convey
the
said
Mannors
of
Pyrton
,
Evisham
,
Annton
,
and
Stoke
,
with
their
appurtenances
to
John
Pettyward
and
Thomas
Birkhead
,
and
their
heires
for
ever
in
trust
for
the
Creditors
that
sought
relife
,
&c.
The
Commissioners
in
further
Execution
of
the
said
Commission
reciting
the
premisses
and
their
proceedings
,
the
value
and
appraisement
of
their
estate
and
interest
in
the
said
Mannors
and
Lands
by
men
of
skill
and
judgement
to
be
estimated
at
20000
l.
and
then
reciting
the
debts
proved
upon
oath
before
them
by
the
severall
Creditors
,
who
contributed
towards
the
prosecution
of
the
same
,
made
a
deed
of
Dividend
(
amongst
other
things
)
of
the
said
money
to
be
raised
by
sale
of
the
said
Mannors
and
Lands
,
and
rated
it
at
6
s
.
8
d
.
in
the
pound
,
and
so
excluded
other
creditors
that
paid
not
in
their
contribution
before
the
Divident
.
Sir
Thomas
Abdy
,
James
Cambel
,
Dame
Rachel
Cambel
,
John
Pettyward
,
and
Thomas
Birkhead
exhibited
their
bills
in
Chancery
against
Giles
Carter
,
Dyed
at
the
Lady
Frances
Hobard's
in
Norwich
,
1642.
Sir
Edward
Littleton
,
Thomas
Coppin
,
George
Carew
,
and
the
Tenants
in
possession
of
the
said
lands
to
discover
the
truth
of
all
and
singular
the
premisses
,
&c.
The
Lady
Katherine
dyes
,
and
left
two
children
,
a
sonne
and
daughter
within
age
,
named
William
,
and
Katherine
.
The
damnification
of
Sir
Edw
:
Littleton
appeared
afterwards
to
be
onely
130
l.
upon
full
evidence
&
hearing
before
the
Committee
for
removing
of
Obstructions
.
Sir
Edward
Littleton
by
his
Answer
in
Chancery
,
March
8.
1651.
to
the
bill
of
John
Pettyward
and
others
,
sets
forth
that
he
was
bound
to
severall
persons
for
Courtens
debt
,
and
that
he
was
sued
to
Outlaries
,
and
that
he
had
paid
and
secured
out
of
his
own
estate
for
Courtens
debt
the
sum
of
6000
l.
or
thereabouts
(
viz.
)
to
Sir
William
Hicks
,
Sir
Richard
Price
,
William
Walton
,
Elizabeth
Walcot
,
Fisher
Littleton
,
and
Robert
Mason
,
which
was
intended
for
satisfaction
of
the
Commissioners
;
and
Pettyward
,
and
that
Iudgements
and
Leases
which
he
had
granted
to
those
persons
,
might
charge
his
lands
,
and
avoid
sequestrations
;
which
could
not
be
allowed
good
against
the
Commonwealth
,
for
that
Sir
Edward
Littleton
had
made
and
acknowledged
them
since
May
1642.
By
the
3d
additional
Act
,
all
Littleton's
own
estate
was
sold
by
the
Trustees
at
Drury
house
to
his
son
&
Rich
.
Knightly
,
without
any
allowance
to
the
Creditors
of
Courten
for
their
debts
.
Sir
Edward
being
violently
prosecuted
by
severall
Creditors
that
had
a
power
and
influence
upon
the
people
in
Northwales
,
where
he
had
marryed
his
second
Wife
,
and
setled
his
habitation
there
,
after
many
sad
complaints
and
attempts
against
him
.
He
very
often
importuned
Mr.
Carew
to
take
them
off
their
prosecutions
,
and
to
perswade
them
to
accept
the
security
of
Mr.
Courtens
lands
for
the
speedy
raising
of
money
for
their
satisfaction
in
manner
following
.
A
true
particular
of
all
the
Mannors
,
Lands
and
Tenements
granted
to
Sir
Edward
Littleton
by
Mr.
Courten
,
and
afterwards
granted
by
Sir
Edward
Littleton
to
the
persons
,
as
follows
(
viz.
)
|
THE
Mannors
of
Severn-Stoke
,
Evesham
,
Overswell
,
Bengworth
,
Stone
,
Shenstone
,
Wyerpidle
,
Hooe
,
and
all
other
Lands
and
Tenements
formerly
granted
to
Mr.
Harvey
and
Mr.
Rushout
by
Mr.
Courten
in
the
Counties
of
Worcester
and
Gloucester
,
with
the
appurtenances
were
granted
and
conveyed
by
Sir
Edward
Littleton
,
1653.
Inrolled
in
Chancery
,
and
both
deeds
were
delivered
into
the
hands
of
Ric
:
Knightly
by
George
Carew
.
in
consideration
of
20
s
.
to
Richard
Knightley
,
and
Samuel
Baldwyn
Esquires
,
and
their
heirs
for
ever
by
deed
of
bargain
and
sale
,
bearing
date
,
April
18.
1653.
And
declared
by
mutuall
consent
and
agreement
of
the
Creditors
;
and
Sir
Edward
Littleton
by
another
writing
of
the
same
date
,
that
the
other
was
in
trust
,
and
that
the
land
should
speedily
be
sold
for
the
proportionable
payment
of
|
-
Sir
Willam
Hicke
.
-
Sir
Robert
Thorold
.
-
Sir
David
Watkin
.
-
Sir
Richard
Price
.
-
Lady
Vanlore
.
-
Fisher
Littleton
.
-
Jeremy
Elwes
.
-
Elizabeth
Walcot
.
-
Anne
Whorewood
.
|
|
The
Mannor
of
Pyrton
,
Annton
,
and
a
Messuage
in
great
Hampton
with
their
appurtenances
,
were
granted
and
conveyed
by
Sir
Edward
Littleton
in
consideration
of
20
s
.
(
charged
with
Mr.
Carews
Lease
)
to
John
Culpepper
Esquire
,
1653.
Inrolled
in
Chancery
,
and
both
deeds
were
delivered
into
the
hands
of
Tho
:
Shenton
by
Sir
Edward
Littleton
himself
.
and
Thomas
Shenton
Gent
.
and
their
heires
for
ever
by
deed
of
bargain
and
sale
,
bearing
date
April
18.
1653.
And
declared
by
mutuall
consent
and
agreement
of
the
Creditors
;
and
Sir
Edward
Littleton
by
another
writing
of
the
same
date
,
that
the
other
was
in
trust
,
and
that
the
Lands
should
be
speedily
sold
for
the
proportionable
payment
of
|
-
Sir
Robert
Ayton
.
-
Sir
John
Whiteron
.
-
William
Bagot
.
-
Anthony
Hibbens
.
-
Sir
John
Garret
.
-
Robert
Davis
.
-
George
Midlemore
.
|
|
The
Mannor
of
Lower-Swell
with
the
appurtenances
was
granted
and
conveyed
by
Sir
Edward
Littleton
in
consideration
of
20
s
.
to
Robert
Raworth
Esquire
,
1653.
Inrolled
in
Chancery
,
and
both
deeds
delivered
into
Mr.
Abberleys
hands
by
Sir
Edw
:
Littleton
himself
.
and
Thomas
Shenton
and
their
heires
for
ever
,
by
deed
of
bargain
and
sale
bearing
date
Appil
18.
1653.
And
declared
by
mutual
consent
and
agreement
of
the
Creditors
and
Sir
Edward
Littleton
by
another
writing
of
the
same
date
,
that
the
other
was
in
trust
,
and
that
the
Land
should
be
speedily
sold
for
the
payment
of
|
-
Thomas
Abberley
.
-
Thomas
Smith
.
|
|
Three
small
Tenements
in
Pyrton
and
Stoke
,
with
certaine
acres
of
arrable
Land
,
Meadow
and
Pasture
were
granted
by
Sir
Edw
:
Littleton
in
consideration
of
5
s
.
to
John
Somers
and
his
heires
by
lease
and
release
,
bearing
date
the
16.
and
18.
of
August
,
1653.
And
declared
by
another
writing
a
trust
for
payment
of
|
-
Judeth
Folliot
.
-
William
Weaver
.
|
These
were
all
the
Mannors
,
Lands
and
Tenements
contained
in
Sir
Edw
:
Littletons
deed
.
A
perfect
Accompt
of
the
severall
Grants
,
Conveyances
,
Sales
and
Contracts
made
by
Richard
Knightly
,
Samuel
Baldwyn
,
Robert
Raworth
,
John
Culpeper
,
Thomas
Shenton
,
and
John
Somers
,
in
pursuance
of
their
Trust
.
THE
Mannor
of
Severne
Stoke
,
By
deed
of
bargain
&
sale
inrolled
in
Chancery
,
1654.
with
other
Farms
and
Lands
(
mentioned
in
Mr.
Harveys
grants
)
sold
and
conveyed
by
Richard
Knightley
,
and
Samuel
Baldwyn
,
to
the
Right
Honourable
the
Lord
Coventry
and
his
heirs
for
ever
,
for
the
consideration
of
|
01200
l.
|
The
Mannors
of
Overswell
,
Wyerpindle
;
Bengworth
,
Stone
,
Shenstone
,
By
deed
inrolled
in
Chancery
,
1654.
and
other
lands
(
mentioned
in
Mr.
John
Rushouts
grant
)
sold
and
conveyed
by
Richard
Knightly
and
Samuel
Baldwin
to
James
Rushout
,
John
Casier
,
William
Rushout
,
and
Abraham
Cullen
,
and
to
the
heirs
of
James
for
ever
for
the
consideration
of
|
00450
l.
|
The
Messuage
in
great
Hampton
,
By
deed
inrolled
in
Chancery
,
1654.
with
the
Lands
and
Appurtenances
thereunto
belonging
(
formerly
let
to
John
Clarke
for
three
lives
yet
in
being
)
sold
and
conveyed
by
John
Culpeper
and
Thomas
Shenton
to
John
Humphries
and
his
heirs
for
ever
for
the
consideration
of
|
00220
l.
|
Three
small
Tenements
in
Pyrton
and
Stoke
,
with
the
Appurtenances
,
The
deed
to
Rob
:
Abbot
and
Joh
:
Prestwood
Inrolled
in
Chancery
,
and
the
other
were
by
leases
and
releases
,
1654.
sold
and
conveyed
by
John
Somers
by
severall
deeds
to
William
Lole
,
Thomas
Berwick
,
Robert
Abbot
,
and
John
Prestwood
and
their
heires
,
for
the
consideration
of
|
00350
l.
|
1655.
The
Mannor
of
Lowerswel
then
in
the
possession
of
Giles
Carter
,
contracted
for
by
Alderman
Will
:
Gore
,
at
the
rate
of
8000
l.
which
was
by
agreement
to
be
paid
to
Mr.
Carter
,
and
the
Creditors
(
viz.
)
1400
l.
for
the
reversion
and
equity
of
redemption
,
and
6600
l.
for
Mr.
Carters
Lease
,
but
was
interrupted
by
Major
Salwey
,
who
discouraged
the
Alderman
,
and
told
him
that
the
estate
belonged
to
the
Common
wealth
,
and
was
forfeited
for
Treason
by
Sir
Edward
Littleton
,
thereupon
the
Alderman
declined
the
bargain
to
the
damage
of
the
Creditors
500
l.
and
upwards
.
|
|
Some
of
the
Creditors
aforesaid
considering
their
interest
in
the
Mannors
of
Pyrton
,
130
l
charged
upon
the
lands
by
judgement
of
the
Committee
at
a
rehearing
;
the
rest
reprised
by
the
Creditors
just
allowance
of
their
debts
.
Courtens
heire
claimed
not
.
Evesham
,
Annton
,
and
Lowerswell
)
the
clamour
of
Littleton's
delinquency
;
and
that
the
Trustees
at
Drury-house
had
by
the
third
Additionall
Act
a
retrospect
into
all
sales
and
grants
made
by
Delinquents
since
May
,
1642.
The
Commissioners
of
Bankrups
title
to
the
lands
under
Courten
,
and
their
claime
allowed
in
due
time
at
Worcester
House
.
The
pretence
of
Mr.
Courtens
heire
,
and
the
other
Incumbrances
aforesaid
,
besides
severall
suits
depending
at
Law
by
the
Commissioners
against
those
that
claimed
under
Littleton's
deed
,
as
fraudulent
Acts
to
avoyd
other
debts
,
(
did
severally
contract
and
agree
with
persons
concerned
respectively
for
such
interests
and
clayms
in
behalfe
of
themselves
,
and
the
other
Creditors
aforesaid
;
As
follows
(
viz
)
In
Mich
.
Term
1654.
Jer
:
Elwes
,
Tho
:
Shenton
,
&
Geo
:
Carew
,
4200
l.
was
not
given
for
any
right
Mr.
Courten
had
,
but
upon
promises
he
would
discover
his
concealed
estate
,
&
deliver
the
books
of
accompt
.
after
several
communications
with
the
Commiss
:
that
chiefly
acted
,
and
Simon
Smith
,
and
discovering
to
them
the
several
grants
of
Sir
Edw
:
Littleton
for
the
purposes
aforesaid
,
and
that
4200
l.
was
agreed
to
be
paid
to
M.
Knightly
for
the
maintenance
of
M.
Courtens
children
,
&
for
his
joyning
in
the
sale
by
fine
,
&c.
After
many
meetings
and
long
debates
,
the
Commiss
:
drew
up
a
short
writing
,
declaring
their
trust
and
their
sales
,
the
offer
of
2000
l.
by
Jeremy
Elwes
,
and
others
aforesaid
for
the
Commissioners
interest
,
and
setting
forth
the
chiefe
heads
of
the
severall
agreements
intended
to
be
made
;
the
Commissioners
thereupon
summoned
the
major
part
of
the
Creditors
together
,
who
subscribed
the
said
writing
(
but
with
much
regret
that
Mr.
Courten
should
have
any
money
out
of
the
estate
)
And
consented
that
Articles
should
be
drawn
to
the
purposes
following
,
(
viz.
)
Dated
Jan
:
18.
1654.
The
abstract
of
the
Articles
between
the
Commissioners
(
Sir
Thomas
Abdy
,
John
Pettyward
,
and
other
assignees
of
the
Commissioners
)
on
the
one
part
;
And
Sir
Edward
Littleton
,
John
Culpeper
,
and
Tho
:
Shenton
of
the
other
part
Culpeper
and
Shenton
tendred
the
deeds
and
the
money
upon
the
day
,
&
the
Commissioners
took
notice
thereof
;
but
in
regard
the
Assignees
were
not
there
present
to
convey
,
the
Commissioners
,
desired
them
to
take
back
the
money
,
untill
the
Assignees
were
ready
to
convey
the
lands
accordingly
.
REciting
in
the
said
Articles
;
That
whereas
a
Commission
under
the
great
Seale
grounded
upon
the
Stat
:
made
concerning
Bankrupts
awarded
against
the
said
w
:
Courten
,
directed
to
James
Winstanly
,
&
others
aforementioned
,
&c.
And
whereas
the
said
Will
:
Courten
did
by
his
deed
of
bargain
and
sale
,
dated
Apr.
26.
1642.
convey
the
aforesaid
Mannors
&
premisses
to
Sir
Edw
:
Littleton
and
his
heirs
,
&c.
And
whereas
the
said
Sir
Ed:
Littleton
had
granted
by
several
deeds
the
said
Mannors
&
premisses
as
aforesaid
,
&c.
And
whereas
the
said
Commiss
:
Sir
Tho
:
Abdy
&
the
Assignes
claimed
an
interest
in
the
premisses
;
They
the
said
Commiss
:
&
the
Assignees
,
with
the
consent
of
the
major
part
of
the
Creditors
,
did
by
the
said
Articles
covenant
and
grant
to
and
with
the
said
Littleton
,
Culpeper
,
&
Shenton
,
that
if
they
or
any
of
them
should
pay
,
or
cause
to
be
paid
to
the
said
Commissioners
or
their
Assignees
the
sum
of
2000
l.
at
any
time
before
the
15
day
of
January
,
1655.
to
and
for
the
use
of
the
Creditors
of
the
said
Will
:
Courten
that
sought
relief
by
the
said
Commission
;
That
then
the
said
Commissioners
,
Sir
Thomas
Abdy
,
John
Pettyward
,
and
other
the
Assignes
should
and
would
grant
and
convey
unto
the
said
Sir
Edw
:
Littleton
,
John
Culpeper
,
and
Thomas
Shenton
,
or
to
such
person
or
persons
&
their
heirs
,
as
they
should
appoint
;
All
the
estate
,
right
,
title
interest
,
claime
,
and
demand
of
them
the
said
Commissioners
,
Sir
Thomas
Abdy
,
John
Pettyward
,
and
other
the
Assignees
of
,
in
,
and
to
all
and
singular
the
Mannors
,
Lands
and
Premisses
mentioned
and
contained
in
the
said
Indenture
,
dated
the
26th
of
April
,
1642.
made
by
the
said
William
Courten
,
to
the
said
Sir
Edward
Littleton
as
aforesaid
;
which
Articles
were
interchangeably
signed
,
sealed
,
and
delivered
by
all
the
parties
accordingly
.
Dated
18
Jan
:
1654.
The
abstract
of
the
Articles
between
Sir
Edw
:
Littleton
and
George
Carew
of
the
one
part
,
and
John
Pettyward
of
the
other
part
REciting
;
That
whereas
Will
:
Courten
stood
indebted
to
all
the
persons
hereafter
expressed
in
a
schedule
thereunto
annexed
,
amounting
to
32000
l.
and
upwards
;
And
reciting
the
aforementioned
Articles
between
the
Commissioners
,
Sir
Tho
:
Abdy
,
John
Pettyward
,
and
other
the
Assignees
of
the
one
part
;
And
the
said
Littleton
,
Culpeper
,
and
Shenton
of
the
other
:
And
all
the
clauses
and
agreements
therein
contained
,
It
was
hereby
further
covenanted
and
agreed
between
the
said
Sir
Edward
Littleton
,
Carew
,
and
Pettyward
,
That
from
the
date
of
the
said
Articles
,
none
of
the
Creditors
in
the
Schedule
thereunto
annexed
,
shall
have
or
sue
for
any
reliefe
,
payment
,
or
divident
out
of
any
the
estate
whatsoever
belonging
to
the
said
William
Courten
,
otherwise
then
by
sale
of
the
said
Mannors
and
Lands
aforesaid
.
And
by
the
said
Articles
,
It
is
further
agreed
between
the
said
Sir
Edward
Littleton
,
Carew
,
and
Pettyward
,
That
the
severall
Creditors
in
the
Schedule
thereunto
annexed
(
except
Sir
Robert
Thorold
,
and
Eusebius
Matthews
)
shall
within
three
moneths
next
after
the
said
Mannors
and
premisses
shall
be
conveyed
by
the
Commissioners
and
their
Assignees
as
aforesaid
to
the
said
Sir
Edward
Littleton
,
John
Culpeper
,
and
Thomas
Shenton
,
or
to
such
as
they
shall
appoint
and
their
heirs
,
&c.
deliver
up
their
bonds
and
other
securities
of
the
said
William
Courten
to
be
cancelled
,
which
were
interchangeably
signed
,
sealed
and
delivered
by
all
the
parties
accordingly
.
The
Schedule
annexed
to
the
last
mentioned
Articles
,
being
the
Creditors
of
the
said
William
Courten
and
Sir
Edward
Littleton
.
SIr
William
Hicks
Baronet
|
01000
l.
|
Sir
David
Watkin
Knight
|
01200
|
Sir
Peter
Vanlore
Knight
|
01800
|
Sir
Robert
Ayton
Knight
|
04000
|
Lady
Mary
Vandike
|
02000
|
Sir
John
Garret
Knight
|
00400
|
Lady
Anne
Middleton
|
00500
|
Sir
Robert
Thorold
Knight
|
04000
|
Eusebius
Mathews
|
03000
|
Thomas
Smith
|
02000
|
Barnard
Hide
Esquire
|
01000
|
Jeremy
Elwes
Esquire
|
01500
|
William
Baggot
Esquire
|
01000
|
William
Walton
Esquire
|
02000
|
Edmond
Hamond
Esquire
|
02000
|
Robert
Davis
Esquire
|
01000
|
Fisher
Littleton
Gent
.
|
00150
|
Anthony
Weaver
,
alias
Hibbens
Merchant
|
01000
|
Robert
Mason
Gent
.
|
00800
|
Thomas
Gate
,
one
of
the
Barons
of
the
Exchequer
|
00200
|
Judith
Folliot
Spinster
|
00350
|
Anne
Whorewood
Widow
|
00500
|
Elizabeth
Walcott
Widow
|
01000
|
|
|
32400
|
The
Charges
and
Incumbrances
upon
the
aforesaid
Mannors
and
Lands
in
the
same
Schedule
contained
,
were
agreed
to
be
paid
out
of
the
Purchase
money
upon
sale
.
|
TO
Mr.
Courtens
children
for
his
consent
and
joyning
in
the
sale
|
4200
l.
And
for
the
books
of
accompt
to
be
delivered
.
|
To
Sir
William
Curtius
for
his
estate
in
the
premisses
and
arrears
|
1000
l.
|
To
Mr.
Thomas
Coppin
for
his
estate
|
0650
l.
|
To
Humphrey
Baker
for
his
estate
|
0126
l.
|
To
Michael
Hunt
for
his
estate
|
0050
l.
|
|
To
the
Commissioners
and
Assignees
for
their
claim
upon
a
Composition
made
with
them
.
|
2000
l.
|
|
|
8026
l.
|
Vpon
sealing
and
executing
the
said
Articles
,
in
regard
Jeremy
Elwes
was
the
chiefe
instrument
in
obtaining
the
agreements
with
the
Commissioners
.
And
that
the
debt
of
Sir
Rob
:
Ayton
belonged
to
three
poor
children
at
Westminster
related
to
George
Cotton
Esq
who
had
forborn
Sir
Edward
Littleton
by
Mr.
Carews
means
so
many
years
together
,
and
were
excluded
the
benefit
of
the
commission
.
George
Carew
by
his
severall
Writings
bearing
date
January
17.
1654.
Did
covenant
and
agree
with
Jeremy
Elwes
and
John
Ayton
Esquires
,
that
Elwes
should
receive
his
principal
debt
,
and
Ayton
13
s
.
8
d
,
in
the
pound
out
of
the
Lands
,
within
the
space
of
twelve
moneths
after
the
conveyances
thereof
should
be
made
by
the
Commissioners
and
Pettyward
to
such
persons
as
Sir
Edward
Littleton
,
Culpeper
,
Shenton
and
Carew
should
appoint
.
In
pursuance
of
all
the
Covenants
and
Agreements
,
Purchasors
were
found
out
to
buy
the
Lands
in
discharge
of
the
Debts
,
and
Incumbrances
.
RIchard
Dodeswel
contracts
for
the
Mannor
of
Pyrton
,
Thomas
Lord
Coventry
enters
into
Articles
with
Shenton
,
May
28.
1655.
and
covenants
to
pay
7500
l.
for
the
said
Mannor
with
the
Appurtenances
to
Shenton
and
his
Assignes
,
Shenton
covenants
to
convey
a
good
estate
in
Fee-simple
to
the
Lord
Coventry
,
Lord
Coventry
payed
no
money
nor
Shenton
granted
any
estate
.
or
to
whom
he
shall
appoint
before
the
last
day
of
November
following
;
The
purchase
money
by
an
agreement
made
then
between
the
Lord
Coventry
,
Richard
Knightly
,
and
Richard
Dodeswel
,
was
to
be
raised
,
paid
and
secured
in
manner
following
(
viz.
)
4200
l.
to
be
left
in
his
hands
at
interest
for
the
heire
,
2500
l.
Mr.
Knightly
was
to
raise
for
him
upon
his
owne
and
his
sons
security
800
l.
onely
to
be
provided
by
him
towards
the
same
.
Edwin
Baldwin
contracts
for
the
Mannor
of
Evesham
about
the
same
time
,
enters
into
Articles
with
Richard
Knightly
and
Samuel
Baldwin
,
covenants
to
pay
7500
l.
to
Richard
Knightly
,
Samuel
Baldwin
,
and
their
Assignes
for
the
said
Mannor
with
the
Appurtenances
,
Knightly
and
Baldwin
covenanted
to
make
a
good
assurance
of
the
said
Mannor
to
Edwin
Baldwin
upon
payment
of
the
money
before
the
end
of
Mich
.
Term
1655.
The
Kings
silver
not
paid
became
fruitlesse
.
In
order
to
the
conveyances
for
the
Lord
Coventry
,
and
Mr.
Edwin
Baldwin
,
Fines
were
sent
over
into
Italy
in
July
1655.
to
Mr.
Courten
who
acknowledged
the
same
,
and
sealed
Covenants
to
the
uses
of
Purchasors
,
they
were
all
returned
to
the
hands
of
Mr.
Moon
a
Merchant
of
London
,
in
Novemb
.
following
,
who
kept
them
from
filing
,
untill
newes
came
into
England
,
that
Mr.
Courten
dyed
in
Florence
the
20
of
Jan
:
1655.
Therefore
his
Honour
could
not
suffer
and
be
damnified
as
Mr.
Dodeswel
lately
writ
to
Shenton
concerning
Pyrton
,
May
23.
1659.
RIchard
Dodeswel
upon
the
newes
of
Mr.
Courtens
death
came
to
Mr.
Knightly
,
and
told
him
that
the
Lord
Coventry
would
not
proceed
in
his
bargain
for
Pyrton
.
And
that
the
estate
was
now
fallen
to
Mr.
Courtens
son
,
and
that
there
was
DIGITUS
DEI
in
this
Transaction
,
and
so
desired
Mr.
Knightly
to
dispose
of
the
money
some
other
way
that
he
had
provided
for
the
Lord
Coventry
concerning
the
purchase
of
Pyrton
.
Edwyn
Baldwin
upon
the
same
occasion
told
Mr.
Samuel
Baldwin
,
that
he
would
not
proceed
in
his
bargain
of
Evesham
,
and
so
hath
ever
since
rested
satisfied
in
the
businesse
,
although
he
had
expended
50
l.
and
upwards
about
the
premisses
,
Major
Salwey
mistook
Mr.
Baldwin
,
who
intended
that
Mr.
Courtens
children
might
have
the
benefit
only
of
the
4200
l.
which
was
agreed
should
be
paid
if
the
fines
had
taken
effect
,
and
the
books
delivered
.
&c.
Sam
.
Baldwin
the
next
day
after
that
it
was
commonly
reported
Mr.
Courten
was
dead
,
told
Major
Salwey
that
he
had
an
opportunity
to
serve
Mr.
Courtens
children
,
and
that
he
would
perswade
Mr.
Carew
to
let
him
have
the
benefit
of
the
Articles
made
with
the
Commissioners
of
Bankrupt
under
such
conditions
as
aforesaid
,
or
to
the
like
effect
;
and
thereupon
sent
a
note
to
Mr.
Carew
,
that
he
should
speak
to
Mr.
Knightly
and
Major
Salwey
the
next
morning
.
The
next
day
Mr.
Knightly
came
to
Mr.
Carew's
chamber
in
Grayes
Inne
,
and
desired
him
to
speak
with
Major
Salwey
,
and
let
him
see
the
Articles
that
were
made
with
the
Commissioners
of
Bankrupt
for
the
Lands
.
Carew
went
with
Mr.
Knightly
to
Major
Salweys
lodgings
,
and
left
the
Articles
with
him
,
and
a
particular
of
all
the
Grants
made
by
Sir
Edward
Littleton
to
the
Creditors
to
peruse
and
advise
concerning
them
,
who
promised
to
return
them
again
the
next
day
;
but
he
left
them
with
Mr.
Dodeswel
,
who
might
also
understand
by
the
contents
,
that
the
Creditors
had
contracted
for
the
Commissioners
estate
,
Carew
afterwards
took
them
away
from
Master
Dod
swels
sonne
at
Judge
Newdigates
Chamber
.
and
had
no
other
remedy
for
their
debts
,
yet
he
refused
to
deliver
the
Articles
again
to
Carew
.
Major
Salwey
,
Mr.
Knightly
,
and
Mr.
Dodeswel
the
next
day
addressed
themselves
to
the
Commissioners
of
Bankrupt
,
Mistakes
incident
to
men
of
this
age
.
and
told
them
that
now
Mr.
Courten
being
dead
,
the
estate
taile
revived
,
and
was
in
his
Heires
,
and
that
Mr.
Carew
had
assigned
the
benefit
of
the
Articles
,
and
his
interest
therein
to
them
,
or
one
of
them
,
and
had
appointed
them
to
take
the
estate
out
of
the
Commissioners
,
False
accusations
then
charged
upon
the
Commissioners
for
bribery
.
upon
payment
of
2000
l.
which
they
had
brought
to
that
purpose
out
of
respect
to
the
creditors
,
although
they
had
no
right
to
the
Land
:
Some
of
the
Commissioners
not
well
acquainted
with
the
Law
in
that
case
,
nor
with
their
owne
Transactions
in
it
,
were
ready
to
hearken
thereunto
;
but
the
major
part
of
them
reflecting
upon
their
Articles
and
former
proceedings
,
desired
to
see
an
assignment
from
Sir
Edward
Littleton
,
Carew
,
Culpeper
and
Shenton
under
their
hands
,
that
they
might
proceed
according
to
their
Covenants
.
Afterwards
A
Covenant
and
Agreement
was
made
in
Writing
,
dated
the
25
of
Feb.
1655
,
between
Richard
Knightly
and
Richard
Salwey
on
the
part
and
behalf
of
William
Courten
an
Infant
on
the
one
part
,
and
Thomas
Shenton
on
behalf
of
himself
as
also
of
Sir
Edward
Littleton
and
John
Culpeper
,
on
the
other
part
,
This
Writing
was
sealed
and
delivered
by
all
the
parties
at
Mr.
Samuel
Baldwins
Chamber
in
the
Temple
.
that
the
sum
of
2000
l.
shall
be
paid
to
the
Commissioners
of
Bankrupt
in
the
Case
of
William
Courten
deceased
,
within
a
moneth
,
in
relation
to
Articles
made
by
Littleton
,
Culpeper
,
and
Shenton
on
the
one
part
,
and
the
said
Commissioners
and
others
,
on
the
other
part
,
and
that
the
said
Mannors
and
Lands
shall
be
conveyed
to
themselves
or
to
such
persons
,
and
in
such
manner
as
the
said
Richard
Knightly
,
Richard
Salwey
,
and
Thomas
Shenton
,
on
the
behalf
of
himself
and
the
said
Sir
Edward
Littleton
and
John
Culpepper
shall
nominate
and
appoint
,
and
it
was
also
agreed
by
,
and
between
the
said
parties
,
that
some
persons
should
be
indifferently
chosen
to
end
all
differences
concerning
the
said
Mannors
and
Premises
before
the
end
of
Easter
Term
next
following
.
Richard
Knightly
and
Richard
Salwey
became
joyntly
and
severally
bound
to
George
Carew
in
2000
l.
Bond
,
The
Bonds
both
sealed
at
Sir
Orlando
Bridgmans
Chamber
.
dated
the
10
of
March
1655
to
stand
to
the
Award
of
Sir
Orlando
Bridgman
to
end
all
differences
between
the
said
Knightly
,
Salwey
,
and
Carew
,
as
well
on
the
behalf
of
Mr.
Courtens
children
as
of
Sir
Edward
Littleton
,
and
such
Creditors
whose
names
are
mentioned
in
the
Articles
dated
the
18
of
January
1654
,
made
or
mentioned
to
be
made
between
Sir
Edward
Littleton
and
George
Carew
of
the
one
part
,
and
John
Pettyward
of
the
other
part
:
provided
the
said
Award
and
Determination
be
put
in
writing
indented
under
the
Hand
and
Seal
of
Sir
Orlando
Bridgman
,
before
the
25
of
March
next
following
:
The
like
Bond
George
Carew
sealed
to
Mr.
Knightly
and
Major
Salwey
.
In
pursuance
of
the
Bonds
,
Articles
,
Covenants
,
Sir
Orlando
made
no
Award
,
but
by
consent
,
drew
up
short
notes
of
his
own
Considerations
upon
the
whole
matter
for
an
agreement
.
&c.
George
Carew
gave
proposals
in
writing
,
and
his
demands
therein
,
in
reference
to
an
agreement
,
and
left
Copies
of
the
Articles
,
and
a
particular
of
Sir
Edward
Littletons
proceedings
and
grants
with
Mr.
Knightly
,
Major
Salwey
,
and
Sir
Orlando
Bridgman
,
at
his
chamber
in
the
Temple
.
Sir
Orlando
thereupon
drew
up
an
agreement
into
certain
heads
,
and
delivered
one
part
under
his
own
hand-writing
,
to
George
Carew
the
24.
of
March
1655.
without
any
mention
of
Severn-Stoke
;
and
another
of
the
same
unto
Mr.
Richard
Knightly
and
Major
Salwey
,
which
afterwards
were
drawn
into
Articles
,
as
follows
.
An
Abstract
of
the
Articles
Indented
tripartite
,
made
the
28
of
March
,
1656.
between
Richard
Knightly
and
Richard
Salwey
,
These
9.
Creditors
,
Sir
Edward
Littleton
and
Carew
had
chiefly
undertaken
to
satisfie
and
were
obliged
to
it
.
The
rest
intended
and
left
for
Knightly
,
&c.
for
and
on
the
behalf
of
William
and
Katherine
Courten
,
children
of
William
Courten
deceased
,
of
the
first
part
,
George
Carew
,
for
and
on
the
behalf
of
himself
and
of
Sir
Edw
.
Littleton
,
Sir
Rob
.
Thorold
,
Sir
Rob
.
Ayton
,
Sir
John
Whiteron
,
Jeremy
Elwes
,
Rob
.
Davis
,
Fisher
Littleton
,
Lady
Mary
Vandike
,
Lady
Katherine
Vanlore
,
Will
.
Bagot
,
Creditors
of
William
Courten
,
and
John
Culpeper
of
the
second
part
,
and
Tho
.
Shenton
of
the
third
part
.
REciting
therein
,
whereas
a
Commision
under
the
Great
Seal
of
England
,
grounded
upon
the
Statutes
made
concerning
Banckrupts
,
was
awarded
against
the
said
Will
:
Courten
,
directed
to
James
Winstanley
&
others
,
&c.
And
first
that
Richard
Knightly
&
Richard
Salwey
,
do
Covenant
and
Agree
to
pay
to
the
said
Commissioners
and
John
Pettyward
,
the
sum
of
2000
l.
upon
the
making
such
assurances
as
are
hereafter
expressed
,
of
the
Mannors
,
Lands
,
and
Hereditaments
late
of
the
said
William
Courten
to
Christopher
Doddington
,
Francis
Bagshaw
and
Thomas
Yates
,
and
their
Heires
by
the
surviving
Commissioners
,
and
John
Pettyward
,
and
300
l.
to
Geo
.
Carew
.
And
in
consideration
thereof
George
Carew
doth
Covenant
and
Grant
to
and
with
Richard
Knightly
and
Richard
Salwey
,
that
the
surviving
Commissioners
by
themselves
and
John
Pettyward
by
himself
,
shall
and
will
before
the
25
of
December
next
after
the
date
of
the
said
Articles
,
by
respective
Assurances
,
Convey
unto
the
said
Doddington
,
Bagshaw
and
Yates
,
and
their
Heires
,
all
the
Estate
,
Right
,
Title
,
and
Interest
of
Them
the
said
Commissioners
and
Pettyward
,
of
and
to
all
those
Mannors
and
Lordships
of
Pyrton
,
Evesham
and
Stoke
,
with
the
Appurtenances
,
unto
the
said
Doddington
,
Bagshaw
,
and
Yates
,
and
their
Heires
,
And
shall
before
the
said
25
of
December
,
by
such
respective
Assurances
,
Convey
unto
the
said
William
Bagot
,
and
unto
Ben
.
Lloyde
and
their
Heirs
the
Mannor
and
Lordship
of
Annton
.
And
further
,
That
the
said
Sir
Edward
Littleton
and
his
Assignes
,
and
other
Persons
who
have
any
Estate
in
the
said
Mannors
and
Premises
,
by
,
from
,
and
under
Him
,
shall
respectively
before
the
said
25
of
December
,
Convey
all
their
Estate
,
Right
,
and
Interrest
,
in
and
to
the
said
respective
Mannors
,
Lands
,
and
Premises
,
unto
the
said
Doddington
,
Bagshaw
,
Yates
,
Bagot
,
and
Lloyde
,
and
their
Heires
respectively
.
It
is
therein
further
Agreed
,
That
out
of
the
Rents
and
Profits
of
Pyrton
and
Evesham
,
after
such
Conveyance
to
be
made
by
the
Commissioners
and
Pettyward
,
as
aforesaid
,
there
shall
in
the
first
place
until
Sale
made
thereof
be
yearly
paid
1381.
to
Richard
Knightly
,
for
the
Interest
of
the
2300
l.
to
be
paid
to
the
Commissioners
and
Carew
,
as
aforesaid
,
and
likewise
100
l.
per
ann.
for
and
Towards
the
Maintenance
of
William
and
Katharine
Courten
.
And
that
until
Sale
,
the
rest
of
the
Profits
of
the
said
Mannors
of
Pyrton
and
Evesham
;
shall
be
applyed
to
and
for
the
benefit
of
the
said
Creditors
in
lieu
of
Interest
.
The
debt
of
4000
l.
to
Sir
Rob
.
Thorold
,
is
the
Portion
of
a
Gentlewoman
,
given
by
Sir
Francis
Ingolsfield
,
and
left
in
trust
for
her
in
ready
money
:
which
was
lent
1642
by
Order
of
Chancery
to
Courten
upon
his
Personal
security
,
with
the
Earl
of
Bridgwater
,
Sir
Edward
Littleton
,
and
David
Goubard
bound
with
him
,
and
the
debt
,
Principal
and
Interest
,
yet
unsatisfied
.
It
is
further
Agreed
,
By
and
between
all
parties
,
to
the
said
Articles
,
that
they
shall
all
of
them
effectually
indeavour
the
absolute
Sale
of
the
said
Mannors
of
Pyrton
and
Evesham
for
the
best
price
that
can
be
gotten
for
the
same
,
and
in
case
the
same
,
or
so
much
thereof
shall
not
be
sold
within
a
year
after
the
date
of
the
said
Articles
,
as
shall
be
sufficient
to
pay
,
and
be
applyed
to
pay
the
said
Creditors
and
Sir
Edward
Littleton
the
sum
of
5000
l
that
then
the
said
Mannors
of
Pyrton
and
Evesham
,
shall
be
sold
to
such
Person
or
Persons
,
who
shall
first
give
15000
l.
or
more
,
for
the
whole
,
or
7500
l.
or
more
for
the
Mannor
of
Pyrton
,
and
7500
l.
or
more
,
for
the
Mannor
of
Evesham
,
if
the
said
Richard
Knightly
and
Richard
Salwey
shall
not
within
one
moneth
after
the
end
of
the
said
year
,
pay
the
said
5000l
.
to
the
said
George
Carew
,
on
the
behalf
of
the
said
Creditors
,
and
that
all
Parties
shall
indeavour
to
procure
good
Conveyances
to
be
made
to
such
Purchasors
accordingly
.
In
the
said
Articles
it
s
further
agreed
,
by
all
parties
that
after
5000
l.
raised
by
the
Sale
of
the
Mannors
of
Pyrton
&
Evesham
for
the
Creditors
and
2300
l.
for
Knightly
,
which
he
was
to
disburse
to
the
Commissioners
and
Carew
,
that
all
the
residue
of
the
said
Purchase
money
shall
be
by
the
said
Richard
Knightly
,
by
the
consent
of
the
said
George
Carew
,
disposed
of
or
otherwise
secured
,
or
remain
in
the
respective
Purchasors
hands
,
paying
reasonable
Interest
for
the
same
,
for
,
and
towards
the
Maintenance
of
the
children
of
the
said
William
Courten
,
in
the
mean
time
,
until
some
Heir
of
the
said
William
Courten
deceased
,
being
of
full
Age
,
shall
have
confirmed
and
ratified
all
such
respective
Sales
,
as
shall
be
so
made
as
aforesaid
,
and
shall
make
or
be
ready
to
make
any
further
Assurances
of
the
Premises
,
to
the
Puhchasors
respectively
.
And
further
,
George
Carew
doth
Covenant
and
Grant
to
and
with
the
said
Richard
Knightly
and
Richard
Salwey
.
that
all
the
said
Creditors
of
the
said
William
Courten
herein
before
mentioned
,
their
Executors
or
Assignes
,
upon
the
payment
of
the
said
5000
l.
shall
deliver
up
their
Bonds
and
other
securities
for
their
money
,
due
by
the
said
Courten
,
amounting
with
Principal
and
Interest
to
20000
l.
and
upwards
unto
the
said
Richard
Knightly
,
to
be
cancelled
,
and
that
the
said
George
Carew
before
the
said
25
of
December
next
,
shall
and
will
procure
the
said
Sir
Edward
Littleton
under
his
hand
and
seal
,
Sir
Edward
Littleton
by
Deed
dated
the
21
of
Iuly
1656
released
his
claim
to
the
5000
l.
to
release
all
Claim
and
Demand
to
the
said
5000
l.
or
any
part
thereof
,
or
otherwise
there
shall
be
paid
to
such
Person
or
Persons
,
as
the
said
Sir
Edward
Littleton
shall
apppoint
500
l.
part
of
the
said
5000
l.
before
mentioned
,
to
be
paid
to
the
said
Creditors
of
William
Courten
deceased
.
And
a
further
Agreement
was
made
and
declared
by
and
between
all
the
said
Parties
that
the
Estate
to
be
made
by
the
said
William
Bagot
and
Benjamin
Lloyde
,
of
and
in
the
said
Mannor
of
Annton
shall
be
upon
this
trust
,
that
if
the
said
Richard
Knightly
and
Richard
Salwey
,
or
either
of
them
,
shall
,
or
do
,
before
the
first
day
of
April
,
1647
pay
unto
the
said
George
Carew
,
or
his
Assignes
,
the
sum
of
3000
l.
that
then
the
said
William
Bagot
and
Ben
.
Lloyde
shall
convey
and
assure
the
said
Mannor
of
Annton
to
such
Person
or
Persons
as
Richard
Knightly
and
Richard
Salwey
should
appoint
,
and
in
case
the
said
3000
l.
be
not
paid
before
the
first
day
of
April
,
A
Clause
indorsed
upon
the
back
of
the
Articles
that
if
any
of
the
said
Creditors
therein
mentioned
,
shall
Waive
the
Agreement
,
that
then
others
shall
be
appointed
by
Sir
Edward
Littleton
and
Carew
,
to
take
the
benefit
thereof
upon
the
same
Conditions
.
that
then
the
said
Bagot
and
Lloyde
,
shall
Convey
and
Assure
the
said
Mannor
of
Annton
absolutely
to
George
Carew
,
or
to
such
as
he
shall
appoint
,
And
in
the
mean
time
Carew
to
receive
the
Profits
to
his
own
use
;
And
likewise
that
the
moneyes
herein
before
intended
,
to
or
for
the
children
of
the
said
William
Courten
,
upon
Sale
of
the
Premises
,
shall
not
be
paid
,
other
then
the
said
100
l.
per
an
.
as
aforesaid
,
but
continue
and
remaim
as
a
security
against
all
Claimes
,
of
or
by
the
Heires
of
the
said
William
Courten
,
until
some
Heir
of
the
said
William
Courten
deceased
,
of
full
age
,
shall
have
confirmed
and
executed
such
further
Assurances
and
Releases
unto
the
said
Bagot
,
Lloyde
,
and
their
Heires
and
Assignes
,
as
they
shall
reasonably
require
,
or
that
sufficient
security
shall
be
given
,
that
such
Assurances
shall
be
made
when
such
Heir
shall
come
of
Age
.
And
Lastly
,
It
is
hereby
declared
,
&c.
that
the
sum
of
181.
Rent
per
annum
,
charged
upon
part
of
the
Mannor
of
Evesham
,
Granted
to
Humphrey
Baker
,
for
his
life
,
shall
remain
to
him
accordingly
,
and
that
the
Purchasors
shall
take
it
chargeable
therewith
.
These
Tripartite
Articles
were
signed
,
sealed
,
and
delivered
,
by
Richard
Knightly
,
Geo
:
Carew
,
and
Thomas
Shenton
,
interchangeably
;
Major
Salwey
refused
to
execute
them
.
George
Carew
the
next
day
after
in
pursuance
of
his
Covenants
and
Vndertakings
in
the
said
Tripartite
Articles
,
Richard
Knightly
and
Richard
Salwey
taking
notice
of
Carews
further
engagements
,
promised
on
the
behalf
of
the
Heir
that
he
should
be
indempnified
,
and
that
they
should
be
Honorarie
,
engagements
upon
them
.
not
doubting
but
Mr.
Knightly
and
Major
Salway
would
perform
all
and
singular
the
Agreements
and
Covenants
on
their
part
and
behalf
,
did
deliver
a
Deed
of
Appointment
,
dated
26
of
March
,
1656
under
the
hands
and
Seals
of
John
Culpeper
,
Thomas
Shenton
,
and
the
said
George
Carew
,
reciting
the
several
Articles
bearing
date
the
18
of
January
1654.
as
aforesaid
,
and
the
Covenants
contained
therein
,
and
that
the
sum
of
2000
l.
is
paid
and
satisfied
,
by
the
said
Culpeper
,
Shenton
,
and
Carew
,
or
by
their
appointment
,
unto
the
Commissioners
,
And
do
by
these
presents
direct
and
appoint
,
that
the
said
Commissioners
,
by
themselves
and
John
Pettiward
by
himself
,
severally
shall
Grant
,
Convey
,
Confirm
,
and
Release
,
all
their
Estate
,
Right
,
Title
,
and
Interest
,
of
in
and
to
the
said
Mannors
of
Pyrton
,
Evesham
,
and
Stoke
,
in
the
said
County
of
Worcester
with
the
Appurtenances
,
unto
Christopher
Doddington
,
Francis
Bagshaw
,
and
Thomas
Yates
,
their
Heires
and
Asignes
for
ever
.
And
all
their
Estate
,
Right
,
Title
and
Interest
,
of
,
in
,
and
to
the
said
Mannor
of
Annton
alias
Aldington
in
the
said
County
of
Worcester
,
with
the
Appurtenances
unto
William
Bagot
and
Benjamin
Lloyde
,
their
Heires
and
Assignes
for
ever
.
March
the
29th
.
1656.
upon
the
receipt
of
the
2000
l.
and
the
said
Deed
of
Appointment
,
The
said
several
Indentures
according
to
the
Agreements
and
Covenants
in
the
Tripartite
Articles
were
Signed
,
Sealed
,
and
Delivered
,
All
Inrolled
in
Chancery
within
six
Months
.
by
the
said
John
Pettyward
and
the
Commissioners
,
to
the
said
Christopher
Doddington
,
Francis
Bagshaw
,
and
Thomas
Yates
,
And
unto
the
said
William
Bagot
and
Benjamin
Lloyde
respectively
;
all
bearing
date
the
said
29th
.
of
March
,
1656.
in
the
presence
of
Mr.
Harrington
one
of
the
Masters
in
Chancery
,
who
took
the
acknowledgment
thereof
.
Afterwards
,
several
other
Deeds
of
Bargain
and
Sale
,
The
Mannor
of
Lower
Swell
,
conveyed
to
Thomas
Shenton
,
by
the
Commissioners
and
their
Assignes
respectively
.
All
Inrolled
in
Chancery
,
1656.
upon
the
considerations
therein
mentioned
and
(
upon
the
like
Deed
of
Appointment
,
and
direction
of
Culpeper
,
Shenton
and
Carew
)
were
executed
by
Sir
Thomas
Abdy
,
Dame
Rachel
Cambel
,
James
Cambel
,
and
the
Commissioners
respectively
,
to
Thomas
Shenton
,
James
Rushout
,
John
Humphries
,
John
Somers
,
Purchasors
as
aforesaid
,
of
,
in
,
and
to
all
,
and
singular
the
other
Mannors
,
Lands
,
Tenements
,
and
Hereditaments
,
within
the
said
County
of
Worcester
and
Glocester
contained
in
Sir
Edward
Littletons
Deed
aforesaid
.
Richard
Knightly
in
pursuance
of
his
Covenants
in
the
said
Articles
performed
some
of
the
said
Agreements
,
Fisher
Littleton
gave
the
bond
to
Indempnity
Knighty
and
Carew
.
and
hath
received
the
Rents
of
Pyrton
and
Evesham
for
three
yeares
,
and
paid
himselfe
out
of
the
same
,
1381.
interest
yearly
for
the
money
he
paid
to
Carew
and
the
Commissioners
,
100
l.
yearly
for
the
maintenance
of
Mr.
Courtens
children
,
300
l.
more
by
agreement
to
Carew
,
300
l.
to
Fisher
Littleton
,
and
100
l.
to
William
Bagot
,
the
rest
he
is
accountable
for
to
the
Creditors
,
the
sale
hath
been
obstructed
both
by
Major
Salwey
and
Mr.
Knightly
,
Pyrton
&
Evesham
are
valued
at
15000
l.
and
more
to
be
sold
,
the
yearly
rents
&
profits
should
amount
to
800
l.
per
an
.
aocording
to
the
rates
.
contrary
to
their
promises
and
covenants
;
and
Carew
hath
been
sued
by
Ayton
and
Elwes
,
and
paid
650
l.
to
them
in
part
of
their
debts
out
of
his
owne
estate
,
and
is
daily
exclaimed
on
by
them
and
other
creditors
,
for
their
moneys
due
upon
the
agreements
,
or
interest
in
the
mean
time
for
it
,
alledging
that
Knightly
Salwey
,
and
Carew
do
receive
the
rents
,
and
divide
them
amongst
themselves
,
or
that
the
Lands
are
let
at
an
under
value
,
so
that
no
profits
may
accrue
to
them
towards
their
wants
and
necessities
.
George
Carew
oftentimes
made
several
applications
to
Mr.
Knightly
,
to
pay
the
5000
l.
to
the
Creditors
,
which
he
refused
,
but
promised
that
he
would
consent
to
the
sale
,
and
endeavour
it
,
and
desired
Carew
and
the
Creditors
to
finde
out
Purchasors
,
and
that
he
would
procure
conveyances
accordingly
.
Carew
by
severall
letters
and
proposals
offered
to
sale
the
said
Mannors
of
Pyrton
and
Evesham
to
the
Right
Honourable
,
Thomas
Lord
Coventry
for
15000
l.
upon
the
termes
and
conditions
in
the
said
tripartite
Articles
;
his
Lordship
refused
the
motions
,
but
constantly
employed
Mr.
Dodeswell
to
deale
with
Mr.
Knightly
about
it
,
who
contrary
to
intents
and
true
meanings
raised
new
doubts
and
differences
that
more
intangled
the
businesse
.
Mr.
Knightly
hath
bin
since
very
liberal
in
his
promises
,
which
will
in
due
time
be
more
considerable
to
the
creditors
then
their
proportions
out
of
the
Lands
as
it
is
said
.
The
Creditors
exhibited
their
Bill
in
Chancery
against
Knightley
,
Salwey
,
Bagshaw
Yates
,
Littleton
,
Carew
,
Courten
,
Culpeper
and
Shenton
to
be
relieved
in
the
premisses
against
them
:
Bagshaw
,
Yates
,
and
Salwey
answered
severally
,
that
they
claime
no
interest
or
profits
out
of
the
Lands
but
onely
their
disbursements
,
and
that
they
were
trusted
with
the
Heirs
interest
:
And
Major
Salwey
further
sayes
,
that
he
bought
the
Commissioners
estates
for
2000
l.
for
Mr.
Courtens
children
.
Knightly
sayes
he
is
ready
to
perform
the
Articles
,
but
takes
advantage
of
Carews
Covenant
concerning
Severn-Stoke
.
Shenton
and
Carew
answer
,
they
have
performed
the
Covenants
on
their
part
,
and
do
consent
to
the
sale
,
so
as
they
may
be
indempnified
by
the
decree
of
the
Court
.
Sir
Edw
:
dyes
before
he
answered
.
Doddington
dyed
before
the
Bill
was
exhibited
.
Robert
Raworth
and
Thomas
Shenton
by
their
Deed
of
Bargain
and
Sale
,
bearing
date
7
Decemb
.
1657.
for
the
consideration
of
1500
l.
convey
the
Mannor
of
Lowerswel
,
and
the
equitable
power
of
redemption
unto
Will
:
Hinson
,
otherwise
Powel
of
Pengethly
in
the
County
of
Hereford
Esquire
,
his
Heirs
and
Assignes
for
ever
.
Afterward
William
Hinson
by
his
Deed
of
Bargain
and
Sale
,
bearing
date
〈◇〉
of
May
1658.
for
the
consideration
of
1600
l.
conveyed
the
said
Mannor
and
Premisses
unto
Robert
Atkins
Esq
Robert
Atkins
comes
to
accompt
with
Giles
Carter
,
they
agree
,
Atkins
payes
Carter
the
mortgage
money
due
to
him
.
Carter
assignes
the
Lease
granted
to
Moor
and
Hodges
.
George
Carew
sells
the
Mannors
of
Pyrton
and
Evesham
for
15000
l.
to
William
Willoughby
and
John
Whitfield
Esqs
Carew
enters
into
Articles
,
contracts
with
them
that
he
will
procure
good
Conveyances
according
to
the
agreements
and
Covenants
in
the
tripartite
Articles
within
six
moneths
,
Novemb
.
1658.
they
covenant
to
pay
the
money
accordingly
;
Willoughby
&
Whitfield
provided
the
money
,
and
paid
part
of
it
:
Deeds
and
Writings
were
ingrossed
,
Carew
sealed
;
Knightly
,
Salwey
,
Bagshaw
&
Yates
refused
to
joyn
;
The
Purchasors
and
Creditors
brings
actions
against
Carew
for
damages
,
Carew
sues
Knightly
.
Afterward
Will
:
Willoughby
,
John
Whitfield
,
and
George
Carew
exhibit
their
Bill
in
Cancery
against
Fr
:
Bagshaw
,
Thomas
Yates
,
&c.
Then
a
pretended
Title
of
the
Trustees
at
Drury
house
was
promoted
,
and
a
discovery
of
6000
l.
damnification
due
to
the
Common-wealth
was
alledged
to
discourage
the
Purchasors
;
Procured
by
some
persons
not
out
of
zeal
to
the
Common-wealth
.
Vide
Mr
Winstanleys
petition
and
claim
,
the
report
&
the
order
at
Worcester
house
.
Vide
the
Orders
of
allowances
,
&c.
upon
sale
of
Littletons
lands
.
for
that
Littleton
being
a
Delinquent
,
and
a
person
within
the
third
additionall
Act
for
sale
,
had
been
dampnified
so
much
in
his
owne
estate
for
Mr.
Courten's
debt
(
as
appeared
by
his
answer
in
Chancery
aforesaid
)
&
that
6000
l.
damage
was
(
by
an
order
of
the
Committee
at
Worcester
house
made
1653.
)
to
be
raised
out
of
Courtens
Lands
;
which
Order
lay
dorment
in
Major
Salweys
hands
4
or
5
yeares
,
and
then
declared
to
Purchasors
after
sale
:
The
order
was
drawn
contrary
to
the
report
made
by
Mr.
Graves
Councell
for
the
Common-wealth
upon
James
Winstanley's
petition
and
claime
:
and
it
was
very
well
known
that
at
the
same
time
all
Sir
Edward
Littletons
Estate
was
sold
by
the
Trustees
to
Mr.
Knightly
,
and
Sir
Edward
Littletons
sonne
,
and
that
the
preemption
of
his
Lands
was
denyed
to
Courtens
creditors
,
and
that
almost
his
whole
estate
was
exempted
and
reprised
from
sale
by
such
settlement
of
Sir
Edward
Littleton
upon
his
son
in
1643.
after
he
became
bound
to
Courten
,
which
did
avoid
the
creditors
,
and
that
there
was
not
any
allowance
of
Courtens
debt
charged
upon
his
Estate
in
the
sale
to
prejudice
the
Common-wealth
in
the
least
.
After
much
trouble
and
expences
this
following
Order
was
obtained
upon
full
Evidence
at
a
hearing
before
the
Commissioners
at
Worcester
house
.
February
16.
1658.
By
the
Commissioners
for
removing
Obstructions
in
the
Sale
of
severall
Lands
and
Estates
forfeited
to
the
Common-wealth
for
Treason
,
appointed
to
be
sold
by
the
Additionall
Act.
WHereas
upon
hearing
the
cause
upon
the
Report
of
Mr.
Graves
,
of
Councell
for
the
Common-wealth
,
made
upon
the
Petition
of
James
Winstanly
,
Esq
and
others
,
Commissioners
upon
the
Statute
of
Bankrupts
awarded
against
William
Courten
Esquire
,
claiming
on
behalf
of
the
Creditors
of
the
said
Will
:
Courten
,
the
Mannors
of
Pyrton
,
Evesham
,
Annton
,
alias
Aldington
,
and
Stoke
,
alias
Severn-Stoke
,
in
the
County
of
Worcester
,
and
the
Mannor
of
Upperswell
,
and
Netherswell
in
the
County
of
Gloucester
,
formerly
conveyed
by
the
said
Will
:
Courten
to
Sir
Edward
Littleton
Baronet
(
one
of
the
persons
named
in
the
3d
.
Act
for
Sale
)
for
his
security
against
such
debts
of
the
said
Wil:
Courten
as
the
said
Sir
Edw
:
stood
engaged
for
.
We
did
the
21
of
June
1653.
Order
,
That
the
said
claim
should
be
a
security
unto
the
said
Sir
Edward
Littleton
for
so
much
as
he
was
damnified
,
for
the
Debts
of
the
said
William
Courten
,
for
which
he
the
said
Sir
Edward
stood
engaged
with
the
said
Courten
,
and
after
for
the
Debts
of
the
Creditors
of
the
said
William
Courten
in
general
,
which
damnification
is
in
the
said
Order
mentioned
to
be
6000
l
And
Whereas
Robert
Atkins
Esquire
,
and
others
,
in
behalfe
of
themselves
and
others
,
Purchasors
(
under
the
Commissioners
of
Bankrupts
)
of
part
of
the
Estate
of
the
said
William
Courten
,
preferred
their
Petition
to
us
on
the
25th
.
of
June
last
,
Courtens
Heir
claimed
not
for
the
saving
any
right
according
to
the
Act
upon
sale
,
as
Sir
Edward
Littletons
son
did
upon
sale
of
his
fathers
Lands
.
whereby
they
prayed
to
be
relieved
against
the
said
ORDER
,
alledging
,
that
by
reason
thereof
their
Title
is
much
disparaged
,
and
they
disturbed
;
And
that
the
said
Sir
Edward
Littleton
was
not
really
damnified
as
in
the
said
ORDER
is
set
forth
.
Upon
reading
of
which
PETITION
,
it
was
referred
to
Mr.
Graves
to
peruse
his
former
Reports
made
upon
the
Claime
of
the
said
James
Winstanley
and
others
,
and
such
other
Evidences
and
Writings
as
should
be
produced
,
as
well
for
the
setting
forth
the
Interest
of
the
Common-Wealth
under
the
said
Sir
Edward
Littleton's
right
,
as
of
the
Petitioners
in
and
to
the
Mannors
and
Lands
aforesaid
:
And
by
severall
Orders
since
made
in
this
Cause
,
time
was
given
to
the
said
Trustees
for
Sale
of
the
said
Lands
,
and
to
Mr.
Roswell
their
Sollicitor
,
to
produce
what
Evidence
and
Proofs
they
could
,
on
behalfe
of
the
Commonwealth
for
making
out
the
said
Damnification
:
And
now
upon
hearing
the
Cause
this
day
,
and
reading
the
severall
Reports
of
Mr.
Graves
of
Councell
for
the
Common-wealth
,
and
hearing
Councell
as
well
for
the
Common-wealth
as
the
now
Petitioners
,
and
upon
consideration
had
of
the
whole
matter
;
Forasmuch
as
it
appears
unto
us
by
the
said
Reports
,
That
of
the
Debts
of
the
said
William
Courten
,
for
which
the
said
Sir
Edward
Littleton
stood
engaged
,
he
was
damnified
in
his
owne
estate
130
l.
onely
:
It
is
Ordered
,
That
the
said
former
Order
of
the
21
of
June
,
1653.
(
as
to
the
charging
the
Lands
of
the
said
William
Courten
with
the
sum
of
6000
l.
for
which
the
said
Sir
Edward
Littleton
is
therein
said
to
be
damnified
)
be
hereby
revoked
and
made
void
:
And
that
the
said
Mannors
and
Lands
of
the
said
Will
:
Courten
do
hereby
stand
charged
only
with
the
sum
of
130
l.
wherein
the
said
Sir
Edward
appears
to
be
damnified
by
reason
of
the
Debts
of
the
said
William
Courten
,
for
which
he
stood
engaged
as
aforesaid
.
And
that
this
Order
be
transmitted
to
the
Trustees
for
sale
of
the
said
Lands
,
to
be
by
them
entred
and
observed
according
to
the
Tenour
and
purport
thereof
,
and
as
by
the
said
Act
for
Sale
is
directed
and
appointed
Signed
by
Sir
Will
:
Roberts
and
the
rest
of
the
Commissioners
.
THe
Order
being
accordingly
transmitted
and
entred
at
Drury-house
,
Rob
:
Atkins
&
Geo
:
Carew
made
it
their
desirs
to
the
Trustees
,
that
they
would
grant
and
release
their
interest
to
them
or
such
as
they
should
appoint
on
behalf
of
the
Creditors
and
Purchasors
aforesaid
,
upon
payment
of
the
said
130
l.
according
to
the
purport
of
the
said
Order
and
Acts
of
Parl
.
but
they
refused
to
convey
,
pretending
there
was
a
Discoverer
in
the
Case
who
ought
to
have
the
right
of
pre-emption
,
Ric
:
Dowdeswel
demanded
500
l.
of
Mr.
Atkins
and
Carew
towards
the
same
.
and
that
they
were
informed
by
him
that
the
Right
of
Courten
and
the
Common-wealth
were
both
one
and
the
same
,
and
so
great
sums
of
money
were
demanded
for
a
concurrence
in
the
discharge
of
the
Common-wealths
interest
in
the
Lands
.
Whereupon
Rob
:
Atkins
exhibited
his
Bill
this
Trinity
Term
1659.
before
the
Barons
of
the
Excheq
;
against
Will
:
Skinner
and
the
rest
of
the
Trustees
,
to
be
relieved
in
the
premisses
,
and
there
that
Suit
depends
at
present
.
An
Abstract
of
the
Case
;
some
Arguments
raised
,
some
Objections
Answered
.
William
Courten
Tenant
in
Taile
,
Bargaines
and
Sells
the
Mannors
of
Pyrton
,
Evesham
,
and
Annton
,
in
the
County
of
Worcester
,
to
Sir
Edward
Littleton
,
and
his
Heires
,
and
then
Becomes
Bankrupt
.
The
Question
is
,
Whether
there
be
any
Estate
left
in
the
Bankrupt
grantable
over
to
the
Creditors
,
by
the
Commissioners
within
the
intent
of
the
Statute
.
Or
whether
the
Estate
Tayle
which
passed
not
by
the
Bargain
and
Sale
,
be
not
preserved
by
the
Law
for
the
Heirs
in
Tayle
.
Objection
is
,
That
William
Courten
,
after
the
Bargain
and
Sale
to
Sir
Edward
Littleton
was
not
seised
of
any
Estate
in
possession
,
reversion
,
or
remainder
,
and
that
the
Commissioners
have
no
power
by
the
Statute
to
convey
the
Lands
in
this
Case
.
THE
Statute
of
21
Jacob
.
chap.
19.
gives
power
to
the
Commissioners
,
or
the
greater
part
of
them
by
Deed
Inrolled
to
Grant
,
Bargain
,
Sell
,
and
Convey
,
any
Mannors
,
Lands
,
Tenements
,
or
Hereditaments
,
whereof
a
Bankrupt
is
,
or
shall
be
in
any
waies
seised
of
any
Estate
in
Taile
,
in
possession
,
Reversion
,
or
Remainder
,
(
and
whereof
no
Reversion
or
Remainder
is
,
or
shall
be
in
the
Kings
Majesty
,
his
Heires
or
Successors
,
of
the
gift
or
provision
of
his
Majesty
his
Progenitors
,
his
Heirs
,
or
Successors
,
)
to
any
Person
or
Persons
for
the
Releife
and
Benefit
of
the
Creditors
of
all
such
Bankrups
,
And
that
all
,
and
every
such
Grants
,
Bargaines
,
Sales
,
and
Conveyances
,
shall
be
good
and
avayleable
in
the
Law
to
such
Person
or
Persons
and
their
Heires
,
against
the
said
Bankrupts
and
against
all
and
every
the
said
Issues
of
the
body
of
such
Bankrupts
and
againsts
all
and
every
Person
or
Persons
claiming
any
Estate
,
Right
,
Title
,
or
Interest
by
,
from
,
or
under
the
said
Bankrupts
,
after
such
time
as
such
person
shall
become
Bankrupt
and
against
all
and
every
other
Person
or
Persons
whatsoever
whom
the
said
Bankrupt
by
Common
recovery
or
other
wayes
or
means
might
cut
off
,
or
debar
from
any
Remainder
,
Reverssion
,
Rent
,
Profit
,
Title
,
or
possibility
into
,
or
out
of
any
the
said
Mannors
,
Lands
,
Tenements
,
or
Herediments
.
At
the
Common
Law
before
the
Statute
of
Westminster
the
2d
.
all
Inheritances
were
in
Fee-simple
,
and
were
chargeable
with
Debts
,
and
the
Heir
of
his
Ancestor
,
was
charged
with
his
binding
Acts
,
to
the
value
of
such
Inheritances
.
The
reason
of
West
.
2d
.
was
to
preserve
Ancient
Families
&
Inheritances
,
yet
afterwards
was
found
mischievous
,
by
other
Parliaments
,
and
that
it
was
a
hinderance
to
Commerce
,
Credit
and
Trading
,
the
only
support
of
England
.
Therefore
by
force
of
the
Statute
in
the
4th
.
of
Hen
.
7.
chap.
24.
Tenant
in
Tayle
might
lawfully
part
with
his
Estate
and
barre
his
Issue
by
Fine
,
&c.
A
Gift
in
Tayle
with
condition
that
the
Donee
shall
not
Levy
a
Fine
,
is
a
void
condition
,
and
repugnant
to
the
Common
Law
,
see
Mary
Portingtons
Case
,
Three
incidents
to
Estates
Tayl
,
by
the
Statue
32
Hen
.
8.
chap.
28.
no
condition
can
take
that
away
from
any
Estate
,
that
is
incident
to
the
Estate
.
It
is
objected
on
the
behalf
of
Mr.
Courtens
Heir
that
this
is
Casus
omissus
,
out
of
the
Statute
,
and
that
after
the
Bargain
and
Sale
to
Sir
Ed.
Littleton
,
the
Estate
Tayle
and
right
of
Fee-simple
,
was
in
Abeyance
,
intendment
,
and
consideration
of
the
Law
,
and
was
(
as
Littl
.
lib
.
3.
chap.
11.
fol.
145.
and
as
Bracton
,
lib
.
1.
cap
.
12
)
called
Haereditatem
jacentem
,
and
that
the
Estate
was
in
nubibus
and
would
drop
down
by
providence
to
Mr.
Courtens
Children
after
his
death
,
to
avoid
the
Statute
,
&c.
TEnant
in
Tayl
holds
of
him
that
hath
the
Reversion
in
Fee
,
it
s
reasonable
then
that
debts
conracted
by
the
Donor
before
the
uses
raised
,
should
be
paid
by
the
Donee
:
and
most
just
that
Debts
contracted
by
the
Tenant
in
Tail
,
should
be
paid
by
him
having
the
use
,
credit
,
and
seisin
,
of
the
Lands
.
Marriages
are
accounted
by
the
Law
sufficient
considerations
to
raise
Vses
to
the
Issue
,
although
there
be
no
Portions
answerable
to
such
Estates
,
but
Estates
Tayl
of
Merchants
and
their
Issue
,
are
barred
after
they
have
committed
any
acts
of
Bankruptcy
,
and
their
whole
Inheritances
become
forfeited
to
their
Creditors
,
and
the
reason
of
the
Law
is
for
that
Merchants
do
extend
their
credits
beyond
their
Lands
and
visible
Estates
,
in
Trading
(
which
a
private
Gentleman
cannot
do
)
and
have
many
waies
by
fraudulent
acts
to
delay
and
defeat
their
Creditors
,
as
in
an
Exchange
time
Merchants
have
taken
up
great
sums
of
money
,
and
within
one
hour
after
have
lodged
the
same
in
Turky
,
or
Spain
,
far
beyond
the
reach
of
Creditors
.
Ex
Malis
Moribus
bonae
leges
.
The
words
of
the
Statute
are
that
the
Commissioners
Grant
of
any
Mannors
,
Lands
and
Hereditaments
of
a
Bankrupt
shall
be
good
against
the
Issue
of
the
Bankrupt
(
admit
Littletons
Deed
good
,
and
Courten
had
sold
him
the
Lands
for
a
valuable
consideration
of
money
paid
,
and
not
as
this
case
is
,
to
secure
him
against
such
debts
,
to
such
Creditors
who
seek
to
be
releived
against
those
individual
Lands
by
force
of
the
Statute
)
yet
Courten
having
not
barred
his
Issue
by
Fine
,
there
remained
an
Hereditament
in
him
,
☜
(
which
word
signifies
all
that
is
the
inheritance
)
and
an
Estate
Tayl
,
is
so
Estate
of
Inheritance
,
and
would
descend
to
his
Heirs
after
the
death
of
Courten
,
and
the
Statute
saies
that
the
Commissioners
Grant
shall
bar
all
persons
whatsoever
whom
the
Bankrupt
by
Fine
or
common
Recovery
might
cut
off
and
bar
from
any
Title
or
Possibility
,
into
,
or
out
of
the
said
Lands
and
Hereditaments
;
And
Courtens
Issue
might
claim
after
his
death
,
and
Courten
might
bar
his
Issue
by
Fine
,
so
that
his
Issue
cannot
,
after
the
Commissioners
Grant
,
lawfully
demand
any
of
the
Bankrupts
Inheritance
.
It
is
not
necessary
that
a
Banckrupt
be
seised
at
the
time
when
he
become
a
Bankrupt
but
having
been
once
seised
and
not
destroyed
and
barred
the
whole
Estate
before
he
become
Bankrupt
,
that
part
which
remaineth
not
barred
,
remaineth
to
the
Commissioners
,
to
Sell
within
the
intent
of
the
Statute
,
or
else
the
Statute
would
serve
for
little
or
no
use
,
for
every
one
might
keep
his
Land
Intayled
,
and
Bargain
and
Sell
it
,
and
the
Bankrupts
son
after
the
death
of
his
Father
might
be
a
rich
man
upon
the
purse
of
Creditors
,
which
is
expresly
contrary
to
the
intent
of
the
Statute
;
and
the
Statutes
are
to
be
accounted
,
and
construed
liberally
for
the
benefit
of
Creditors
.
TEN
QUERIES
,
To
be
further
resolved
upon
the
whole
CASE
.
I.
Q.
WHether
Mr.
Courtens
Deed
Inrolled
26.
April
,
1642.
is
not
fraudulent
,
as
in
the
like
Cases
have
been
adjudged
,
vid.
Twines
Case
Mich
.
44.
Eliz
.
and
many
others
.
II
.
Q.
Who
are
the
Haires
,
Executors
,
and
Assignes
of
Courten
,
which
have
the
Equity
of
Redemption
in
Courtens
Mortgaged
Lands
,
upon
payment
of
the
130
l.
Damnification
of
Sir
Edward
Littleton
.
III
.
Q.
Whether
Sir
Edward
Littletons
Son
or
Mr.
Courtens
Son
claim
any
thing
by
Descent
,
or
by
Purchase
,
from
,
and
under
their
Ancestors
,
And
the
considerations
how
,
and
when
,
and
what
Interest
Mr.
Courtens
Heir
hath
in
Law
or
Equity
to
his
Fathers
Estate
upon
any
pretence
whatsoever
.
IV
.
Q.
Whether
Sir
Edward
Littletons
Heir
can
be
impeached
for
his
Fathers
Debt
,
or
the
Common-wealth
be
Intitled
to
a
further
Damnification
for
Sir
Ed:
Littletons
Delinquency
,
since
his
Estate
sold
by
the
Trustees
,
or
since
his
decease
.
V.
Q.
Wherein
Mr.
Knightly
or
Major
Salwey
are
Damnified
,
if
the
2300
l.
be
paid
with
Interest
to
them
again
.
And
if
Bagshaw
and
Yates
should
convey
the
Estate
to
the
Creditors
being
Mr.
Knightly
paid
not
the
5000
l.
nor
performed
his
other
promises
to
Carew
and
the
Creditors
and
let
the
Heir
sell
his
Right
to
the
best
advantage
,
tantum
valet
quantum
valere
potest
,
and
keep
the
old
Deeds
and
Bonds
and
the
intayl
by
him
to
look
on
VI
.
Q.
Whether
Mr.
Courtens
Children
,
if
they
have
a
Right
,
ought
to
take
4200
l.
for
it
?
or
if
they
have
not
a
right
,
whether
they
ought
to
receive
a
penny
out
of
those
Lands
their
Father
sold
for
three
hundred
years
purchase
to
Creditors
?
VII
.
Q.
Whether
Mr.
Courten
,
Sir
Edward
Littleton
,
and
the
Earl
of
Bridgewater
,
were
not
Tenants
in
Tayl
,
and
had
a
sufficient
power
in
themselves
to
sell
their
Lands
to
pay
the
Debt
?
and
how
farre
they
made
use
of
that
power
,
and
their
goodwill
to
the
Creditors
,
who
lent
their
money
upon
the
reputation
of
their
Worth
,
Honours
and
Lands
?
VIII
.
Q.
What
is
that
Interest
of
the
Heir
,
which
Mr.
Bagshaw
and
Mr.
Yates
(
by
their
answer
to
the
Creditors
Bill
)
say
they
were
trusted
withall
in
the
Conveyances
from
the
Commissioners
and
Pettiward
?
Whether
it
be
jus
in
re
or
jus
ad
rem
and
if
there
be
no
right
or
demand
in
Law
belonging
to
the
Heir
,
whether
it
be
not
a
defrauding
of
Creditors
,
to
imploy
the
Lands
otherwise
then
to
their
advantage
.
IX
.
Q.
Whether
the
Trustees
at
Drury
House
ought
to
take
any
thing
out
of
Courtens
Estate
from
the
poor
Creditors
?
or
that
they
ought
not
to
release
their
pretence
to
the
Creditors
,
and
observe
the
final
Judgement
and
Determination
of
the
Committee
at
Worcester
House
.
According
to
an
Act
of
Parliament
?
X.
Q.
What
Estate
passed
by
Sir
Edward
Littletons
Grant
of
Pyrton
,
Annton
and
Evesham
,
the
Joynture
Lands
by
his
Lease
and
release
to
Courten
made
upon
his
request
,
and
his
Lady
,
for
the
consideration
of
20.
s
.
dated
the
10.
and
11.
of
July
1651.
how
far
those
Grants
did
operate
▪
&c.
☞
Vide
the
Letters
from
Courten
and
his
Lady
,
and
Littletons
Deeds
regranted
to
Courten
.