THE TITLE AND INTEREST OF JEREMY ELWES Esq And other Creditors of WILLIAM COURTEN, to several manors and Lands within the Counties of Worcester and Gloucester, Asserted against The Issue in tail of the said WILLIAM COURTEN, and the TRUSTEES at Drury-house.  
Faithfully stated, and Printed for the satisfaction of all Persons concerned.  
With some Arguments raised thereupon: Objections answered: and ten Queries left to further Resolves,  
Together with the several Proceedings and Transactions therein duly set forth.  
By GEORGE CAREW of Greyes-Inn, Gent.  Veritas non quaerit Angulos. 
London, Printed in the Year, 1659.   

The Preface.  
TO take away the false Reports and Aspersions of the World, which some People through ignorance have cast upon me and others that were entrusted in the prosecution of this Business, I am necessitated to Publish this Case in Vindication of them and myself. I was desired( by divers who found themselves agreived) to Print it in the year Mr. Courten dyed, but I did forbear, upon hopes there might be a right understanding in three years time, and some satisfaction given to just pretences: but since the Remedy is now grown as grievous as the Disease, and we are fallen into such an Age, that debtors and Oppressors are become our Judges; that laws and Statutes, made for the redress of mischiefs in a Common-wealth, are misconstrued, with forced Interpretations, and applied to such purposes, that mens Rights and Properties are become uncertain; I can do no less but appeal to all good people in Authority that they may take it into their considerations, and be Judges of this matter: If there be any thing due in this Case to the Common-Wealth, it is reason there should be a Recompense made, when a just occasion is shown; if there be any thing due to Mr. Courtens Heir, upon any Material Cause or Consideration, it is justice there should be a Satisfaction given when that Right appears; if there be any thing due to the Creditors upon valuable Considerations, then ought there, in all Equity, good Conscience, and Honour, to be a Payment made out of the Land liable to the Debt. I desire no part of Mr. Courtens Estate, but upon good and valuable Consideration, and waive the great expense and Trouble I have undergone in acquiring my satisfaction out of his Lands: I expect no other reward for assisting the Creditors, but my own quiet and discharge. It is possible some may grudge that I have secured my own Debt, and left them to contend for their Proportions. Wherein I am obliged, I shall never desert the Interest of others, nor stifle my own Reason to their disadvantage upon hopes of Gain, if there be any Reflections upon those that have injuriously obstructed the payment of Creditors, let them quit themselves and their Reputations; I shall be true to my own Resolutions, and at this time speak modestly; and writ nothing but what I will justify in every particular to be the Truth, without favour, fear, or affection of any person, and so leave the Consequence thereof to the Justice of the Cause.  
Geo. Carew.   

THE CASE Between the Creditors of William Courten, and Sir Edward Littleton, AND The Heires in tail of William Courten and the Common-wealth.  
SIR William Courten Knight an eminent Merchant of London, 
8. Car. Reg.  being seized in his demesne as of Fee, of and in the manors of Pyrton, Evesham, Annton▪ Stoke alias Severn Stoke, Wyerpidle, ston, Shenstone, Bengworth, Over Swell, and several other manors 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 jointure did grant, enfeoff, 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 tail, &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 levied a Fine Sur conusans de droit come ceo, &c. 
Easter 12. Car. Laxstone then sold to the Earl of kingston.  to Sir Edward Littleton baronet, his brother in Law, and Thomas Coppin of the Mannor of Over Swell, with the appurtenances, in the County of Gloucester, and of the manors of Severn Stoke, Wyerpidle, ston, 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 farms, 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 void 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 manors of Over swell, Bengeworth, Wyerpidle, ston, 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 voided 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 dead of Bargain and Sale, bearing date the 10th. of April, 1638. enrolled 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 voided 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 small value all the time of the wars.  

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 voided upon payment of 1715 l. upon the 25th. of August next.  

Coppin enters 1646 upon default in the right of Curtius, and demanded arrears 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 void 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 wears and Shipping, then oweing, amounting to 90000 l. more, having nothing left to support his credit, but the equitable power of Redemption in the mortgage Premises, 
By the bargain and sale( admit it good) A defeisible Estate in Fee simplo passed to Sir Edward Littleton, of Pyrton, Annton and Evesham descendible to his heires determinable upon the death of William Courten, the Tenant in tail. No Schedule of Debts, was annexed to the dead.  Did by his dead 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 indemnified, 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 manors of Pyrton, Evesham, Annton, Stoke, alias Severn Stoke, Over-Swell, and Lower-Swell, with their Appurtenances; and all other his manors and Lands whatsoever, within the Counties of Worcester and Gloucester, to the said Sir Edward Littleton and his Heires for ever, under a Proviso and condition, that if the said William Courten, his Heires, Executors or Administrators, did within the space of 27. months, 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. harmless and indemnified, for and concerning the same; That then the said Indenture to be void, 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 dead of Bargain and Sale, 
Sir Edward Littleton subscribed his name as a witness to Mr. Harveys dead.  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 manors and Lands until March, 1647. received the Rents, let the Lands, absented himself 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 premises and his own Delinquency, being prosecuted at Law by George Carew for debts due upon bond from Mr. Courten to edmond 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 manors of Pyrton and Annton for the term of 99 yeares, under a proviso and condition to be void 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 james Winstanly, Tho: Bayles, and engaged them to execute it.  exhibited their Petition to the Commissioners of the great seal 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 mayor 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 cotton, Thomas Bayles; and the other Commissioners, reciting the Commission, Courtens trading and his debts, 
enrolled in the Court of common Pleas.  and that they found him seized in Fee of the Mannor of Lower-Swell, since he became Bankrupt, &c. Did by their dead of bargain and sale, bearing date 11th. of September, 1650. in consideration of the Covenants in the said dead 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 relief 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 liable to the Statutes; and that they found since he became Bankrupt, that he was seized in his drawn as of Fee-simple, or some other estate of inheritance to him and his heirs for ever( amongst other lands) of and in the manors or Lordships of Pyrton, Evisham, 
enrolled in the Court of commom Pleas.  Annton, and Stoke, alias Severnstoke in the County of Worcester, did by their dead of bargain and sale bearing date, August 21. 1651. in consideration of the Crvenants in the said dead contained, grant and convey the said manors 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 relief, &c.  
The Commissioners in further Execution of the said Commission reciting the premises and their proceedings, the value and appraisement of their estate and interest in the said manors 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 several Creditors, who contributed towards the prosecution of the same, made a dead of Dividend( amongst other things) of the said money to be raised by sale of the said manors and Lands, and ranted it at 6 s. 8 d. in the pound, and so excluded other creditors that paid not in their contribution before the dividend.  
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 premises, &c. The Lady Katherine dyes, and left two children, a son and daughter within age, name 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 several persons for Courtens debt, and that he was sued to outlawries, 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 judgements 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 several Creditors that had a power and influence upon the people in north-wales, where he had married his second Wife, and settled 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 persuade 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 manors, 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 manors of Severn-Stoke, Evesham, Overswell, Bengworth, ston, 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. enrolled 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 dead of bargain and sale, bearing date, April 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 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 messsage 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. enrolled 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 dead of bargain and sale, bearing date April 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 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. enrolled in Chancery, and both deeds delivered into Mr. Abberleys hands by Sir Edw: Littleton himself.  and Thomas Shenton and their heires for ever, by dead 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 certain acres of arable 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 foliot.  
William Weaver.    
These were all the manors, Lands and Tenements contained in Sir Edw: Littletons dead.   

A perfect account of the several 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 dead of bargain& sale enrolled 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 manors of Overswell, Wyerpindle; Bengworth, ston, Shenstone, 
By dead enrolled 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 messsage in great Hampton, 
By dead enrolled in Chancery, 1654.  with the Lands and Appurtenances thereunto belonging( formerly let to John clerk 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 dead to Rob: Abbot and Joh: Prestwood enrolled in Chancery, and the other were by leases and releases, 1654.  sold and conveyed by John Somers by several 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 mayor 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 manors 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 heir claimed not.   Evesham, Annton, and Lowerswell) the clamour of Littleton's delinquency; and that the Trustees at Drury-house had by the third additional 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 claim allowed in due time at Worcester House. The pretence of Mr. Courtens heir, and the other encumbrances aforesaid, besides several suits depending at Law by the Commissioners against those that claimed under Littleton's dead, as fraudulent Acts to avoid other debts,( did severally contract and agree with persons concerned respectively for such interests and clayms in behalf 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 account.  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 joining 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 chief heads of the several agreements intended to be made; the Commissioners thereupon summoned the mayor 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 tendered 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, until the Assignees were ready to convey the lands accordingly.  REciting in the said Articles; That whereas a Commission under the great seal 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 dead of bargain and sale, dated Apr. 26. 1642. convey the aforesaid manors& premises to Sir Edw: Littleton and his heirs, &c. And whereas the said Sir Ed: Littleton had granted by several deeds the said manors& premises as aforesaid, &c. And whereas the said Commiss: Sir Tho: Abdy& the assigns claimed an interest in the premises; They the said Commiss:& the Assignees, with the consent of the mayor 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 assigns 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, claim, and demand of them the said Commissioners, Sir Thomas Abdy, John Pettyward, and other the Assignees of, in, and to all and singular the manors, Lands and premises 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 relief, payment, or dividend out of any the estate whatsoever belonging to the said William Courten, otherwise then by sale of the said manors and Lands aforesaid.  
And by the said Articles, It is further agreed between the said Sir Edward Littleton, Carew, and Pettyward, That the several Creditors in the Schedule thereunto annexed( except Sir Robert Thorold, and Eusebius Matthews) shall within three moneths next after the said manors and premises 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 canceled, 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 hid 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 foliot Spinster 00350 Anne Whorewood Widow 00500 Elizabeth Walcott Widow 01000   32400   

The Charges and encumbrances upon the aforesaid manors 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 joining in the sale 4200 l. 
And for the books of account to be delivered.  To Sir William Curtius for his estate in the premises 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 chief 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 several 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, purchaser were found out to buy the Lands in discharge of the Debts, and encumbrances.  
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 assigns, 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 heir, 2500 l. Mr. Knightly was to raise for him upon his own 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 assigns 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 fruitless.  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 purchaser, they were all returned to the hands of Mr. Moon a Merchant of London, in Novemb. following, who kept them from filing, until news 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 news 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.  
edwin Baldwin upon the same occasion  told Mr. Samuel Baldwin, that he would not proceed in his bargain of Evesham, and so hath ever since restend satisfied in the business, although he had expended 50 l. and upwards about the premises, 
mayor 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 mayor Salwey that he had an opportunity to serve Mr. Courtens children, and that he would persuade 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 mayor Salwey the next morning.  
The next day Mr. Knightly came to Mr. Carew's chamber in Grayes inn, and desired him to speak with mayor Salwey, and let him see the Articles that were made with the Commissioners of Bankrupt for the Lands. Carew went with Mr. Knightly to mayor 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 advice 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 swells son at Judge Newdigates Chamber.  and had no other remedy for their debts, yet he refused to deliver the Articles again to Carew.  
mayor 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 tail 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 own Transactions in it, were ready to harken thereunto; but the mayor 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 month, 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 manors 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 manors and Premises before the end of Easter Term next following.  
Richard Knightly and Richard Salwey became jointly 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 mayor 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, mayor 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 mayor 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 satisfy 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 bankrupts, 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 manors, 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 manors 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 assigns, and other Persons who have any Estate in the said manors and Premises, by, from, and under Him, shall respectively before the said 25 of December, Convey all their Estate, Right, and interest, in and to the said respective manors, 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 manors of Pyrton and Evesham; shall be applied 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 endeavour the absolute Sale of the said manors 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 applied to pay the said Creditors and Sir Edward Littleton the sum of 5000 l that then the said manors 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 month 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 endeavour to procure good Conveyances to be made to such purchaser accordingly.  
In the said Articles its further agreed, by all parties that after 5000 l. raised by the Sale of the manors 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 purchaser 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 assigns, 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 canceled, 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 dead dated the 21 of july 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 assigns, 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 endorsed 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 moneys 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 claims, 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 assigns, 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 purchaser shall take it chargeable therewith.   

These Tripartite Articles were signed, sealed, and delivered, by Richard Knightly, Geo: Carew, and Thomas Shenton, interchangeably; mayor 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 indemnified, and that they should be honorary, engagements upon them.  not doubting but Mr. Knightly and mayor Salway would perform all and singular the Agreements and Covenants on their part and behalf, did deliver a dead 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 manors 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 assigns for ever.  
March the 29th. 1656. upon the receipt of the 2000 l. and the said dead of Appointment, The said several Indentures according to the Agreements and Covenants in the Tripartite Articles were Signed, Sealed, and Delivered, 
All enrolled 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 acknowledgement thereof.  
Afterwards, several other Deeds of Bargain and Sale, 
The Mannor of Lower Swell, conveyed to Thomas Shenton, by the Commissioners and their assigns respectively. All enrolled in Chancery, 1656.  upon the considerations therein mentioned and( upon the like dead 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, purchaser as aforesaid, of, in, and to all, and singular the other manors, Lands, Tenements, and Hereditaments, within the said County of Worcester and gloucester contained in Sir Edward Littletons dead aforesaid.  
Richard Knightly in pursuance of his Covenants in the said Articles performed some of the said Agreements, 
Fisher Littleton gave the bond to indemnity Knighty and Carew.  and hath received the Rents of Pyrton and Evesham for three yeares, and paid himself 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 mayor 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 own 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, alleging 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 find out purchaser, and that he would procure conveyances accordingly. Carew by several letters and proposals offered to sale the said manors of Pyrton and Evesham to the Right Honourable, Thomas Lord Coventry for 15000 l. upon the terms and conditions in the said tripartite Articles; his Lordship refused the motions, but constantly employed Mr. Dodeswell to deal with Mr. Knightly about it, who contrary to intents and true meanings raised new doubts and differences that more entangled the business.  

Mr. Knightly hath been 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 premises against them: Bagshaw, Yates, and Salwey answered severally, that they claim no interest or profits out of the Lands but onely their disbursements, and that they were trusted with the Heirs interest: And mayor Salwey further says, that he bought the Commissioners estates for 2000 l. for Mr. Courtens children. Knightly says 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 indemnified 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 dead 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 assigns for ever.  
Afterward William Hinson by his dead of Bargain and Sale, bearing date 〈◇〉 of May 1658. for the consideration of 1600 l. conveyed the said Mannor and premises unto Robert Atkins Esq Robert Atkins comes to account with Giles Carter, they agree, Atkins pays Carter the mortgage money due to him. Carter assigns the Lease granted to Moor and Hodges.  
George Carew sells the manors 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 engrossed, Carew sealed; Knightly, Salwey, Bagshaw& Yates refused to join; The purchaser 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 alleged to discourage the purchaser; 
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 additional Act for sale, had been damnified so much in his own 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 mayor Salweys hands 4 or 5 yeares, and then declared to purchaser after sale: The order was drawn contrary to the report made by Mr. Graves council for the Common-wealth upon James Winstanley's petition and claim: 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 son, and that the preemption of his Lands was denied 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 expenses 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 several Lands and Estates forfeited to the Common-wealth for Treason, appointed to be sold by the additional Act.  
WHereas upon hearing the cause upon the Report of Mr. Graves, of council 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 manors 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 name 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 behalf of themselves and others, purchaser( 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, alleging, 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 claim 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 manors and Lands aforesaid: And by several Orders since made in this Cause, time was given to the said Trustees for Sale of the said Lands, and to Mr. Roswell their solicitor, to produce what Evidence and Proofs they could, on behalf of the Commonwealth for making out the said Damnification: And now upon hearing the Cause this day, and reading the several Reports of Mr. Graves of council for the Common-wealth, and hearing council as well for the commonwealth 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 own 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 voided: And that the said manors 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 tenor 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 desires 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 purchaser 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 premises, and there that svit depends at present.   

An Abstract of the Case; some Arguments raised, some Objections Answered.  
William Courten Tenant in tail, bargains and Sells the manors 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 tail which passed not by the Bargain and Sale, be not preserved by the Law for the Heirs in tail.  
Objection is,  
That William Courten, after the Bargain and Sale to Sir Edward Littleton was not seized 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 dead enrolled to Grant, Bargain, Sell, and Convey, any manors, Lands, Tenements, or Hereditaments, whereof a Bankrupt is, or shall be in any ways seized of any Estate in tail, 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 relief and Benefit of the Creditors of all such Bankrups, And that all, and every such Grants, bargains, Sales, and Conveyances, shall be good and available 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 ways or means might cut off, or debar from any Remainder, Reverssion, Rent, Profit, Title, or possibility into, or out of any the said manors, 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 hindrance 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 tail might lawfully part with his Estate and bar his Issue by Fine, &c.  
A Gift in tail with condition that the Donee shall not Levy a Fine, is a voided condition, and repugnant to the Common Law, see Mary Portingtons Case, Three incidents to Estates tail, 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 tail and right of Fee-simple, was in Abeyance, intendment, and consideration of the Law, and was( as little. 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 tail holds of him that hath the Reversion in Fee, its 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 uses to the Issue, although there be no Portions answerable to such Estates, but Estates tail 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 ways 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 turkey, 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 manors, Lands and Hereditaments of a Bankrupt shall be good against the Issue of the Bankrupt( admit Littletons dead 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 relieved 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 tail, is so Estate of Inheritance, and would descend to his Heirs after the death of Courten, and the Statute says 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 bankrupt be seized at the time when he become a Bankrupt but having been once seized 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 entailed, 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 expressly 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 dead enrolled 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 hairs, Executors, and assigns of Courten, which have the Equity of Redemption in Courtens mortgage 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 entitled 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 mayor 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 tail, and had a sufficient power in themselves to sell their Lands to pay the Debt? and how far 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 employ 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 jointure 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.    

EPILOGUE.  
I Suppose I have not Added any thing impertinent, or Omitted any thing material in the stating of this perplexed Case, but am much troubled at several occasions given me to publish the Ingratitudes and Neglects of such Persons that are singular and wise in their own eyes, 
4200 l. was intended for the fine, books of account, and old deeds as a quid pro quo, a satisfaction for the money.  and have brought the Hopes and Expectations of Mr. Courtens Children to nothing. I had a great regard for them, until I met with such a Generation of men, so litigious, that rather opened the LAW upon doubts, then resolved doubts upon the LAW: And( as Lord St. Alban that incomparable Sophy says) like Emperique States-men, ignorant of natural Philosophy, govern without rule, and destroy mutual Societies for want of Learning and knowledge. Man, that is the measure of all things, and hath Reason given him to discern between Good and evil, must needs offend against the law of his Understanding and Judgement, who denies the truth which justifies itself at all times. I honour the Law of England, and shall ever advance it as the only maintainer of Right. Kings were Servants and Subjects to the Law they governed by, 
Fr. Sylv. in orat. pro mill.  States-men ought to be the same— Jus permaneat semper nec unquam mutetur, lex vero scripta saepius. I must speak a word or two in defence and justification of some persons deceased, who were concerned in this case( viz. Mr. George Cotton, Mr. Anthony Boys, two of the Commissioners, and Charles Carswell their solicitor) those that are living may answer for themselves: It is reported I gave the Commissioners 200 l. for a bribe to betray their trust, which is altogether false and scandalous. I do not deny but that I gave 200 l. upon the Agreement made with the Commissioners and the Creditors, 50 l. whereof was paid unto Simon Smith to discharge meetings that would be occasioned for the conclusion of the premises; 20 l. to Charles Careswell for his travel and charge to Sir Thomas Abdy, John Pettyward, and the other Assignees, 5 l. to Simon Smith for expedition; and 125 l. to George Cotton and Anthony Boys for all their fees and pains after the said Agreement: And for the Articles, Deeds, and many other Writings that concerned the same, I found that they were chiefly entrusted, and were men very able for their parts, and upright in all their practices and dealings, therefore ought to rest quiet in their Graves free from such aspersions. When I reflect upon the Case, the proceedings therein, and those other persons concerned with them in the same Commission, I wonder they can be silent at such rumors, 


james Winstanly.  
Tho: Bayls.    being men of honour and clear reputations, Benchers, and learned in the Law, who passed all things under their hands and seals with the said Cotton and Boys in the whole transaction of this affair.  
As for mayor Salwey, and Mr. Knightly( in my esteem they are) persons of so much religion, justice, honour and integrity, that, being once convinced of some mistakes in their own judgements and opinions concerning the Proceedings and the Law in this case, they will then be passive, and take no hold of any seeming advantages, to enrich some by the ruins of others.  
As for Mr. Courtens Children, I am not a little grieved there is so much discovered, 
Post est occasio ca●va.  that they must at last suffer by the forgetfulness of their friends( as an addition to their other mis-fortunes) and now be left to the charity of their Relations that might lately by an expedient offered have prevented their losses sustained herein.  
As for Mr. Culpeper and Mr. Shenton( to my knowledge) they desire no other advantage in the premises, then to discharge their consciences in the trust, and be indemnified against suits, with reasonable allowance for their charges and trouble.  
As for myself,( I blushy for those that are not ashamed of themselves, and have abused the world.) I suffer also by the indigent Creditors that received their dividend out of the 2000 l. paid for the Commissioners title, 
Excluded from any benefit of the Kings debt, Barbados, Dutch damages, and other of Mr. Courtens estate, valued at 150000 l. Vigilantibus& non dormientibus subvemunt jura.  who consider not that the Creditors nominated in this case had no other or further relief for their debts, then out of the Lands and premises as aforesaid) I can do no less, then to let the world know I made it not my design to gain 5000 l. as the discontented and ungrateful Creditors do report. I will say no more, but refer all to the particulars in the case, and leave the rest to their better considerations, and doubt not but they and all men will hold me excused in this, and have for the future a more charitable opinion of me.  
GEORGE CAREW. Grayes inn, June 3d. 1659.  
FINIS.