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To the Honourable Committee of PARLIAMENT appointed for Prisoners.
The most humble Petition of Sir David Cuningham Prisoner in the Upper-Bench, and the rest of the Creditors of James Enyon Esquire, lately called Sir James Enyon Baronet deceased.
THat the said James Enyon in and about the year 1640. borrowed and became indebted unto several Creditors, whose Names and Debts are hereunto annexed, in the Summe of Eleven thousand and seven hundred pounds of clear principall money, which with the interest thereof due and in arrears, is now in the whole the Summe of Nineteen thou∣sand pound and upwards; for the most part of all which said debt your Petitioner Sir David Cu∣ningham is bound for and with the said James Enyon as his Surety, and is no wise able to pay the same; The said James Enyon about the year 1642. made a Deed of Bargain and Sale of his Man∣nor of nether Itchington in the County of Warwick, unto four friends in trust, to be by them sold for and towards the payment of his debts; which said deed is in it self somewhat defective in opinion of Councell, in which respect a Decree in the High Court of Chancery was obtained about a year and a half ago, the better to supply and strengthen the said Deed, neverthelesse Purchasers are not well satisfied therewith, the said James Enyon having left three daughters under age, the eldest of them married.
In consideration whereof, your Honours Petitioners do humbly pray, that an Act may be gran∣ted for making good the said Sale against the said Children, the better to satisfie Purchasers. And in regard that the Sale of the said Mannor will not produce nor yeeld above Eight thousand pounds, the whole debt being above Nineteen thousand pounds: They the said Sir David Cuningham and the rest of the Creditors do most humbly pray, That an Act may be likewise granted for the rest of the said Sir James Enyons entailed Lands (which is neer about twelve hundred pounds of yearly Rent) to be made subject and liable to the pay∣ment of the rest of his said just debts, which is above Eleven thousand pounds more: there being no heir-male, but only three daughters, who may have fair and competent Portions besides of Two thousand five hundred pounds apeece at least: and this the rather ought and may in all justice and equity be granted; in respect that the said James Enyon to the same ef∣fect, did in this last Parliament preferre a Petition and Bill in Parliament to cut off the intail, he having no issue-male; And lastly, That the possession of the said entailed Lands may be ordered and setled to your Petitioners, towards the satisfaction and payment of their just Debts: To all which effect your Petitioners did lately Petition the Committee appointed for hearing, relieving, and representing to the State the grievances of the people, but no∣thing being yet done, they are thus again constrained to become Petitioners to your Ho∣nours, most humbly begging relief in the Premises,
And they as in all duty bound shall ever pray, &c. D. Cuningham.
A true Note of the said James Enyon his Debts, with the Interest in arrear, and due the first day of June, 1653.
- John Acton Esquire.—4200.
- Mr William Combes and his Assignes.—2800.
- James Lock Esquire.—1700.
- Mr Richard Cox.—1000.
- Anne Moorhead Widow.—1780.
- The Heirs of Robers Jessy.—1740.
- The Lady Pools Children.—1600.
- William Palmer Esquire, lately called Sir Wil∣liam Palmer and Mr Buckbury. 1540
- Thomas Benett Esquire, and others.—0900.
- The Lady Harvey.—0470.
- Henry Henne Esquire, lately called Sir Henry Henne Knight and Baronet.—0460
- Mrs Andrews.—0480.
- Mr Hawtry.—0360.
Summe of the said Debts 19030.