DIE Jovis, 20 die Februarii.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
|Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Johannes Ds. Robertes, Custos Privati Sigilli.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes St. Albans.
Vicecomes Say & Seale.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Berkley de Berk.
Ds. Arundell de Ward.
Ds. Howard de Charlt.
Ds. Howard Esc.
Ds. Herbert de Cherb.
Ds. Gerard de Brand.
Ds. Berkley de Strat.
Ds. Arundell de Trerice.
Absent Lords excused.
The Earl of Carnarvon is excused for his Absence,
he intending to send his Proxy.
The Lord Newport is excused for being absent.
Mildmay's Pet. concerning the Barony of Fitzwalter.
A Petition was presented to the House, and read, as
"To the King's Most Excellent Majesty.
"The humble Petition of Benjamin Mildmay
"That Henry Mildmay, Your Petitioner's Brother,
lately deceased, by Petition to Your Majesty in his
Life time, did set forth his Title to the Barony of
Fitzwalter; and, being a Minor, most humbly prayed
Your Majesty's Protection against the Pretence and
Claim of Robert Cheeke Esquire to the said Barony,
to which Your Petitioner's Brother was Heir at Law;
that nothing might be done to the Disinherison of his
Title thereunto, but that he might be heard concerning the same.
"Upon which Petition Your Majesty was graciously
pleased then to order, in the Behalf of Your Petitioner's Brother, that nothing should be done in the
Premises, until the Claim and Right of Your Petitioner's Brother were duly heard and considered.
After which, the said Robert Cheeke petitioned Your
Majesty, and therein set forth his pretended Claim
and Title to the same Barony: In Answer whereunto,
Your Majesty was pleased, in August, 1660, to refer
the same to the Consideration of the Lords then assembled in Parliament, to hear the Pretensions of
the Parties concerned, and to certify to Your Majesty what they conceived just, and fit to be done
therein: But in that Parliament the Cause came not
to Hearing; so as nothing was then concluded.
"That Your Petitioner's said Brother is since dead
without Issue; and Your Petitioner is next Heir to the
said Barony, in Manner following; videlicet,
"Robert Fitzwalter, Your Petitioner's Ancestor,
whose Heir at Law to the said Barony Your Petitioner is, was seised, as of Fee and Right, (fn. *) to him
and his Heirs, of the Stile and Dignity of Baron
Fitzwalter; and, in the Time of Your Majesty's
Royal Predecessor King Edward the First, was summoned unto several Parliaments by the Name of Robert Fitzwalter, and accordingly sat therein.
"That, by divers Descents, the said Title and Dignity lineally descended and came unto John Ratcliffe,
as Cousin and Heir of the said Robert; (that is to say,)
Son and Heir of Elizabeth Lady Fitzwalter, Daughter and sole Heir of Walter Lord Fitzwalter, Brother
and Heir of Humphrey Lord Fitzwalter, Son and
Heir of Walter Lord Fitzwalter, Son and Heir of
another Walter Lord Fitzwalter, Son and Heir of
John Lord Fitzwalter, Son and Heir of Robert Lord
Fitzwalter, Son and Heir of the first-mentioned Robert Lord Fitzwalter.
"The said John Ratcliffe, at several Times in the
Reign of Your Majesty's Predecessor King Henry
the Seventh, was summoned to Parliament, by the
Name of John Ratcliffe de Fitzwalter, Chevalier,
and did sit in Parliament; and after, by an Act of
Parliament holden in the Eleventh Year of the said
King Henry the Seventh, was attainted of High Treason, and died, having Issue Robert Ratcliffe, his Son
and Heir; and by several Acts of Parliament, holden in
the several Reigns of King Henry the Seventh and
King Henry the Eighth, the said Attainder was reversed, and the said Robert and his Heirs restored to
the Title and Dignity of Lord Fitzwalter, as if no
Attainder had been against John Ratcliffe de Fitzwalter; and the said Robert Ratcliffe accordingly
enjoyed the said Barony, and afterwards, in the
Reign of King Henry the Eighth, was summoned to
Parliament, and sat by the Name of Robert Ratcliffe
de Fitzwalter, Chevalier; which said Robert was after,
by the several Letters Patents of King Henry the
Eighth, created Viscount Fitzwalter and Earl of Sussex, to him and the Heirs Males of his Body, and
died, having Issue the First Henry Earl of Sussex, and
Sir Humphry Ratcliffe Father of the Right Honourable Edward late Earl of Sussex.
"That, by and after the Death of the last Robert
Earl of Sussex without Issue of his Body, the Dignity of Lord Fitzwalter is descended and come to
Your Petitioner, as Cousin and Heir of the said
Henry Earl of Sussex, and Cousin and next Heir of
the first-mentioned Robert Lord Fitzwalter; that is to
say, Brother and Heir to Henry Mildmay; lately deceased, Son and Heir of Robert Mildmay Esquire
lately deceased, Son and Heir of Sir Henry Mildmay
Knight, deceased, Son and Heir of Frances sole
Daughter and Heir of the said first-mentioned Henry
Earl of Sussex, Son and Heir of Robert First Earl of
Sussex, Cousin and Heir of the said first-mentioned
Robert Lord Fitzwalter.
"Your Petitioner therefore humbly prayeth Your
Majesty's further Consideration of the Premises, that Your Majesty would be graciously
pleased to take such Course therein, that
Your Petitioner may be heard concerning his
Right to the said Barony of Fitzwalter, and
that he may be quieted in his Title, if the
same shall appear to be in Your Petitioner, in
such Sort as to Your Majesty shall seem meet.
"And Your Petitioner shall pray, &c."
"We are graciously pleased to refer this Petition to
the House of Peers, to take the Petitioner's Claim and
Title into their Consideration; and to do and determine thereupon what shall be found just and right.
"Given at Our Court at Whitehall, the 21th Day
of November, in the Nineteenth Year of Our
"By His Majesty's Command.
Hereupon the House made this Order following:
Order to hear Mildmay's and Check's Claim to the Barony of Fitzwalter.
Upon reading the humble Petition of Benjamin Mildmay Esquire, directed to the King's Most Excellent Majesty,
concerning his Claim to the Title and Barony of Fitzwalter, and His Majesty's Reference to this House made
thereupon, to do and determine what shall be found just
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be
heard, at the Bar of this House, on Thursday the
Twelfth Day of March next, at Ten of the Clock in the
Forenoon, for making out the Title pretended to in the
said Petition; whereof His Majesty's Attorney General
is to have timely Notice, to the End he may then also
be heard on His Majesty's Behalf; and that Robert
Cheeke Esquire in the mean Time may have a Copy of
the said Petition.
D. of Richmond versus Asfordby, concerning the Tithes of Leighton Bromlwold; Privilege.
Upon Oath made at the Bar of this House, by Nathan Tilson and Christopher Conyers, "That the Duke of
Richmond, being seised of an Estate of Inheritance
in the Manor of Leighton Broneswold, in the County of
Huntingdon, and of the Tithes within the said Manor,
let the said Lands, with the Tithes, to divers Tenants; but Charles Asfordby, Prebend of Leighton
Ecclesiæ, pretending Title to the said Tithes, arrested
several of the Duke of Richmond's Tenants, for not
setting out their Tithes: That, after Trynity Terme last,
Notice was given of Trial to be had in Two of the
said Actions, at the Assizes held for the County of
Huntingdon, on the 3d Day of September last: That
Notice was given to Mr. Asfordby, that the Duke of
Richmond would insist on his Privilege of Parliament; notwithstanding which, the said Charles Asfordby,
proceeding to Trial in both the said Actions, obtained
Verdicts by Default, no Defence being made therein
on the said Duke's Part, or his Tenants; and in
Michaelmas Terme last, sitting the Parliament (notwithstanding Notice given to the said Charles Asfordby as
aforesaid), he caused Judgements to be entered, and
hath taken out Executions, and caused the Duke's
Tenants to be taken in Execution:"
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Charles Asfordby be summoned to appear at the Bar of
this House, on Thursday the 27th Day of February
Instant, at Ten of the Clock in the Forenoon, to answer
to the said Complaint; and that all further Proceedings
at Law in this Cause be stayed during the Privilege of
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris,
videlicet, 21um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.