Page images

county of Oxford, Esq. deceased, whereby it is referred to me to state the case touching the fine imposed on Mr. John Pye, upon the act of the first of August, 1650, for the leasehold land of the said Richard Powell, and report the same in order to the reducing of the said fine according to Oxford articles, within which articles the said court have adjudged him to be comprised, I find that by the said judgment of the said Court of Articles of the 15th of July, 1653, the said Richard Powell is adjudged to be comprised within the articles of Oxford, and that it appeared to them that the said Richard Powell petitioned at Goldsmiths' Hall, to compound upon the said articles of Oxford the 6th of August, 1646, and had his fine set the 8th of December, 1646; and that he died the 1st of January, 1646, no proceedings being made upon the said composition: and that Mr. John Pye hath since compounded upon the act of the 1st of August, 1650, upon a mortgage of lands of the yearly value of 2721. 158. 8d. being a lease for 31 yeares, upon which mortgage there was owing to the said John Pye 1238l. which debt being allowed, the fine was set 5761. 128. 3d. which is paid into the Treasury. Upon consideration whereof the said Court of Articles were of opinion, that the said fine paid by Mr. Pye ought to be reduced, according to the articles of Oxford, and did award, order, and adjudge, that the said fine be reduced accordingly; and that the overplus be paid unto Mr. Pye, with such abatement as is usual in like cases.

“Upon search of the papers here remayning, I find that there was a fine set upon the said Richard Powell, upon the said Articles of Oxford in December 1646, but not for the estate mortgaged to Mr. Pye: but nothing thereof paid. " " That the said John Pye compounded the 25th of March 1651 for a Lease of the Mannor and Rectory of Forest Hill, for 31 yeares, commencing the 1st of Nov. 1641, which was mortgaged by the said Richard Powell in 1640, upon which mortgage there was then due to him 1238l., for which his fine was sett at a sixth, 5761. 12s. 3d. If this be reduced to a tenth, according to Oxford Articles, it will stand thus : A Lease for 31 yeares from November 1641 of Lands of the yearly value of 2921. 158. 8d., whence allowing for a debt of 1238l. ; 123l. 16s.

“He craveth allowance of 201. per annum to the Curate.

“ The fine will remayne. .Sept. 1, 1653. (Signed) Jo. READINGE.”


[ocr errors]

: 3. “ By the Commissioners for compounding, &c.

30° Augusti, 1653. “Upon reading an order of judgment given by the Court of Articles the 15th of July last in the case of Ann Powell, Widow, Relict and Administratrix of Richard Powell, late of Forrest Hill in the County of Oxford, Esq. deceased, (a copy whereof is hereunto annexed and attested by our Register.) It is ordered that it be referred to Mr. Readinge, to state the case touching the fine imposed on Mr.

John Pye, upon the Act of the first of August 1650
for the Leasehold land of the said Richard Powell,
and make Report thereof to Us, in order to the re-
ducing of the said fine according to Oxford Articles,
within which Articles the said Court have adjudged
him to be comprised.
(Signed) “ JOHN UPTON,

“ Edw. Cary,
“ Ric. MOORE."

· Then follows a Certificate, which had been made upon this order, to the Commissioners for relief upon articles, as required in the fifth document.

. 4..“ To the Right Honorable the Commissioners for Breach of Articles.

“ The Humble Petition of Ann Powell, Widow, Relict of Richard Powell of Forrest Hill in the Countie of Oxon, Esq. ..“ Humblie sheweth,

“ That your Petitioner's late Husband was comprised within the Articles of Oxford, and ought to have received the benefit thereof, as appears by His Excellencie’s Certificate hereunto annexed.

“ That your said Petitioner's Husband by the said Articles was to have the benefit of his reall and personall estate, for sixe moneths after the rendition of the said cittie, and to enjoye the same for the future, soe as he made his addresses to the Committee at Gouldsmiths' Hall to compound for the same within that tyme.. That your Petitioner's said Husband accordingly in August, one thousand sixe hundred fortie sixe, petitioned the said Honorable Committee, and in his Particular inserted for tymber and wood fower hundred pounds, but, before he could perfect the same, dyed.

“ That the Honourable House of Parliament, upon some misinformation, not taking notice of the said Articles, did, in July one thousand sixe hundred fortie sixe, order the said wood to severall uses, which was thereupon, togeither with the rest of his goods and moveables, seized and carried away by the sequestrators to the Committee for Oxon, contrary to the said Articles.

“ That your Petitioner, as Executrix to her said Husband, is now sued in severall Courts of Justice at Westminster for manie debts due to diverse persons, and is noe waie able eyther to satisfie the same, or provide a scanty subsistence for herselfe and nine children.

“ She therefore humblie prayes, that shee maie reape that favour which the said Articles doe afford her, by restoringe to her the said tymber and wood, and other her goods soe taken away, or the value thereof. “ And your Petitioner shall praie, &c.

ANNE POWELL.” “ Vera Copia Ext. (Signed) “ Tracy PAUNCEFOTE, Reg"."

5. “ By the Commissioners appointed for releife upon Articles, &c. Painted Chamber, Westminster.


“ Veneris 16° die Novembris, 1649.

“ Present. : “ Lord President of the Council of State. “ Sir Henrie Holcroft, Colonel Rowe, “ Sir Nath. Brent, Colonel Taylor, “ Colonel Cooke, Colonell Whaley, “ Sir William Rowe, Mr. Sadler.

“ Mr. John Hurst, of Councell for the Commonwealth.

“ Upon readinge the Petition of Ann Powell, Widow, Relict of Richard Powell of Forrest Hill, in the Countie of Oxford, Esq. It is ordered, That a Coppie of her said Petition attested under the Re-. gister's hande of this Court, be delivered unto the Commissioners for compoundinge with delinquents sittinge at Gouldsmiths' Hall, whoe are desired to make Certificate unto this Court within one moneth from the date of this Order, at what tyme the said Richard Powell petitioned to make his composition, and whether the wood mentioned in his Petition were expressed in his Particular delivered in unto them, with what else they shall thinke fitt to insert touching the matter of complaint sett downe in the said Petition. Whereupon the Court will proceed further as they shall thinke fitt.

“ By Command of the Commissioners,



We are now recalled to Mr. Powell's own statement, and other circumstances, which have been

« PreviousContinue »