DIE Sabbati, videlicet, 27 die Aprilis.
PRAYERS, by Mr. Gower.
Domini præsentes fuerunt:
Ds. Grey de Warke, Speaker.
E. of Mulgrave's Petition, for his Allowance out of the Sequestration to be continued to him.
Upon reading the Petition of Edmond Earl of Mulgrave, and of Edmond Lord Sheffeild his Grandchild;
shewing, "That both Houses were pleased to allow
them, for their Maintenance, Fifty Pounds and Ten
Pounds, Weekly, out of the Sequestrations; but of
late the said Allowances have been stopped, in regard
of Payment of the Sixty Thousand Pounds for the
Scottish Army in Ireland; therefore they desire that
the same may be taken into Consideration."
Hereupon this House Ordered, That this Petition
be recommended to the House of Commons.
And accordingly it was sent down to the House of
Commons, by Sir Edward Leech and Doctor Aylett.
Withypoole freed from Arrests, to attend his Cause.
It was moved, "That whereas Sir Wm. Withypole
is to attend a Committee of this House, for settling and
composing the Differences between him and Sir Walter
Devereux; but, in regard the said Sir Wm. Withypole
pretends he is in Debt, and fearful of Arrests, he desires an Order of this House, that he may go and
come in Safety."
Which this House Ordered the same accordingly.
Report against the Lord General.
The Lord General informed this House, "That there
was a Report abroad, which tends much to his Prejudice, and the Dishonour of this House; which was,
That he should speak Words in this House, of sending back again the Scotts Army."
Hereupon every Lord present particularly declared,
upon their Honours, "That they never heard the Lord
General speak such Words."
Committee to draw up a Declaration, to clear him.
And for the further clearing the Lord General for
this, the House appointed these Lords Committees following to draw (fn. *) up a Declaration, to be printed and
published, for vindicating the Lord General from speaking these Words; and also to have Power to send for
Persons, and examine such Witnesses as they think fit
(as are not Members of Parliament), to discover who
was the Author of this Report:
|Baron Trevor, and Justice Reeves,
To attend as Assistants.
Their Lordships, or any Three, to meet this Afternoon, at Three a Clock, and as often afterwards
as they think fit.
Report of Examinations concerning Speeches against him.
The Earl of Pembrooke reported from the Committee,
That they have examined the Business which concerns the Lord General's Honour, and the present
Service of the Kingdom; and they find the same to
be a Business of very great Consequence, and concerns the Honour of both Houses, the Lord General,
and his Officers of his Army; therefore the Committee are of Opinion, That it is fit that this Business
be further examined, by a Committee of both
Hereupon a Message was sent to the House of Commons, by Serjeant Whitfield and Dr. Aylett:
To let them know, that, upon a Report this Day by
the Lords Committees, "That there is a Business under
their Examination which concerns the Honour of
both Houses and a Peer of this House, which is
thought requisite to be further examined by a Committee of both Houses;" and to let them know, that
this House hath appointed a Committee of Six Lords, to
examine the Business; and to desire the House of Commons, that they would nominate a Committee of their
House, of a proportionable Number, to join with the
Lords Committees, to examine this Business.
Walsingham and Baker.
Next, the House heard the Cause of Sir Tho. Walsingham, &c. against Sir John Baker Baronet, complaining of a Decree made in the Court of Exchequer, for
the Manor of East Peckham, and the Manor of Hunton;
desiring to be relieved against the Equity of the said
The Certificate of Mr. Justice Reve and Mr. Justice
Heath was read. (Here enter it.)
And then the Counsel on both Sides were heard.
The Counsel of Sir John Baker alledged, "That the
King's Counsel ought to be heard in this Business before any Determination be made in this Business, because the Decree was made upon the Prosecution of
the King; and it was also objected, that Sir Jo. Sidley
ought to be made Party to the Complaint."
Hereupon this House Ordered, That their Lordships will hear Mr. Serjeant Whitfield on Saturday next,
in Behalf of the King; and will give further Directions then concerning this Business; and that their Lordships (fn. *) are of Opinion, That Sir John Sidley need not
be a Party to this Complaint.
Letters from the Earl of Lyndsey and Lord Fairfax, of the Success of their Forces.
The Lord Wharton reported from the Committee of
both Kingdoms "Two Letters to acquaint their Lordships with, One from the Lord Lyndsey to the Lord
Maitland, and One from the Lord Fairefaix to the
Committee of both Kingdoms, being a Narrative of
the Success of the Scottish Forces, and the Lord Fairfaix's Army:"
Which were read.
Committee to prepare a Letter to be sent to the Scotts Army, and Committee of Estates.
Ordered, That a Letter from the Houses be written
to the Scotts Army and the Committee of Estates, (fn. *) with
Respects and Acknowledgement of their good Affections.
And these Lords following were appointed to draw a
Letter to this Purpose; and then, being approved of
by this House, to be communicated to the House of
Commons, to desire their Concurrence therein:
Any Three, to meet when they please.
Message from the H. C. with an Ordinance;
A Message was brought from the House of Commons
by Sir Henry Mildmay Knight, and others:
1. To desire their Lordships Concurrence in an Ordinance concerning renewing the Ordinance for the associated Counties under the Command of the Earl of
and not to defer the Archbishop of Cant's Trial.
2. To desire that their Lordships would not defer the
Day appointed already for the Trial of the Archbishop
of Canterbury, but that it may hold.
The Answer returned was:
That their Lordships will hold the Day appointed for
the Tryal of the Archbishop of Canterbury: Touching
the Ordinance, this House will send an Answer by Messengers of their own.
Next, the Petition of the Earl of Bedford was read,
Earl of Bedford's Petition, to take off the Sequestration from his Estate.
"To the Right Honourable the House of Peers
assembled in Parliament.
"The humble Petition of William Earl of
"The Petitioner submitteth to that Justice of both
Houses whereby his Estate hath been sequestered. He
hath been so sensible of the many great and weighty
Affairs which daily press your Lordships, as that he
silenced his own Wants till Extremities enforced him
to this Expression: To desire your Lordships due Regard of him, that the Sequestration may be taken off
his Estate; and that this his humble Suit be sent to the
Honourable House of Commons, by and with your
favourable Recommendations, whereto your Lordships
and they may please to be inclined; considering,
"1. That the greatest Part of his Estate lyeth under
the King's Power.
"2. That which is here is charged with Annuities
and a Jointure, so far as that which can come clear to
the State while the Sequestration remaineth, and
will to him when it shall be removed, is but Five
Hundred Pounds per Annum, being a small (fn. *) Proportion to afford him necessary Bread.
"3. His whole Personal Estate hath been taken to
Public Use, and he daily suffers in the cutting of his
Woods; and, if he have not speedy Relief, it will
necessarily ruin his Family, which will not only reflect
on those whose Infancy makes them uncapable to
offend, but also on his Ancestors, who deserved well
of the Protestant Religion and this Kingdom.
"He hopeth that it shall not aggravate his Offence,
that he offended with the last, and returned with
the first, and prevented your noble Invitations in
your free Offers of Mercy. However, he prayeth
that the Commonwealth may be preserved, and your
Ordered, That this Petition be sent down to the
House of Commons, with Recommendations.
Ordinance to continue the Association of the Counties of Essex, Suffolk, &c. under the E. of Manchester.
Next, the Ordinance for Continuance of the Ordinance
for the associated Counties, under Command of the Earl
of Manchester, was read Twice, and committed to the
former Committee appointed to consider and compare
the Lord General's Commission with the Earl of Manchester's Ordinance:
Their Lordships to meet at Two of the Clock this
Afternoon, and when they think fit afterwards;
and Report hereof is to be made on Monday
Walsingham and Baker.
Inter Thomam Wallsingham, Quærentem, Joh'em
Baker, Bar. Defendentem.
May it please your Lordships,
"According to an Order made by your Lordships
between the said Parties the 27th of May last,
we have taken Consideration of the Decree
in the Exchequer, made in the said Cause, in
the Presence of Counsel on either Part, and,
with their Consents, have stated the Case and
the Points of the Equity of the said Decree,
"Upon Consideration of the Decree in the Court of
Exchequer Chamber, wherein the King's Attorney by
Information was Plaintiff, at the Relation of Sir John
Baker, against Sir Thomas Wallsingham and Mr. Mutton,
we find the Case to be thus:
Sir Thomas Wyatt being Tenant in Tail to him and
the Heirs Males of his Body, the Reversion in the
Crown, of the Manor of East Peckham, and also
seised in Fee Simple of the Manor of Hunton, in 37°
H. VIII. did enfeoff George Multon of the Manor of
East Peckham, in Fee Simple: He did also, at the
same Time, enfeoff Multon of the Manor of Hunton;
and Multon did immediately reinfeoff Sir Thomas Wyatt
of the Manor of Hunton, upon Condition, that if
George Multon, his Heirs or Assigns, were evicted,
expulsed, interrupted, molested, or vexed, out, of,
or in, the Possession of East Peckham, or any Part of
it, that then it should be lawful for the said George
Multon, his Heirs or Assigns, to enter into the Manor
of Hunton, unless he or they were saved harmless of
such Eviction, Expulsion, &c. by Sir Thomas Wyatt
and his Heirs, within One Month after Notice.
George Multon conveyed Part of the Manor of
East Peckham to Sir Edmond Walsingham, and entered
into collateral Security for his enjoying of it.
"Primo Mariæ, Sir Thomas Wyatt is attainted of
High Treason, and all his Lands given to the Crown.
Queen Mary, in Consideration of Fourteen Hundred
Pounds in Money paid, and in Consideration of Services to Her and Her Ancestors, granted (inter alia)
the Manor of Hunton to Sir John Baker and his
Heirs; wherein is contained a Covenant from the
Queen, that if he or his Heirs be disquieted in the
Manor of Hunton, that then She, Her Heirs and Successors, will make him Recompence by Lands ad Valentiam.
"In 15° Eliz. an Information in the Exchequer was
exhibited against Sir Thomas Walsingham, Heir to Sir
Edmond, for intruding into the Manor of East Peckham, pretending that [ (fn. *) it was] forfeited by the
Attainder of Wyatt; and upon Demurrer there it
was adjudged, That the Manor of East Peckham was
forfeited; and Multon and Sir Thomas Walsingham
were thereupon put out of Possession.
16° and 17° Eliz. upon a Suit in C. B. it was adjudged, upon solemn Argument, That the Manor of
East Peckham was not forfeited; and, by Consequence,
Multon and Walsingham were not lawfully evicted, and
so ought to have no Recompence.
"Then, 20° Eliz. Sir Thomas Walsingham did bring
a Writ of Error, to reverse the Judgement in the
Exchequer, where the Judgement was affirmed; but
whether for Want of an Averment, or upon the
Matter in Law, it doth not fully appear by the Case
About Nine or Ten Years since, Francis Wyatt, Heir
to Sir Thomas Wyatt, being led by the Judgement in
Co. B. that the Manor of East Peckham was not forfeited, revived the Suit again; and, upon Argument
of all the Judges of England, Seven against Four, it
was resolved it was forfeited.
"The Matter being now cleared, that Sir Thomas
Walsingham and George Molton were justly outed;
Robert Molton, Son and Heir of George, being not
saved harmless by Sir Francis Wyatt, entered into
Hunton, and sealed a Lease, to try the Title, to Sir
John Sedley, who being outed by Robert Hodges,
brought an Ejectione Firmæ against Hodges in C. B.
"In Easter Term, 13° Car. there was an English Information exhibited, against Mr. Multon, Sir Thomas
Walsingham, and Sir John Sidley, in the Exchequer
Chamber, by Mr. Attorney, at the Relation of Sir
John Baker, who is now seised of the Manor of
Hunton, pretending that, if that Case should go on,
it might tend to His Majesty's Prejudice, in making
Satisfaction to Sir John Baker; and after, an Order
was made in the Exchequer, That Sir John Sidley
should declare in the Office of Pleas in the Exchequer,
and the Cause should be tried in the Exchequer
"Accordingly Sir John Sedley declared there; but,
before any Plea pleaded, an Injunction was granted,
to stay the Proceedings at Law.
"10 Octob'r, 15° Car. the Cause came to Hearing in
the Exchequer Chamber, upon the Information; and,
at the Hearing, the Court took these Things into
"First, the Covenant from Queen Mary, by Her
Letters Patents to Sir John Baker, that She, Her
Heirs and Successors, would save harmless Sir John
Baker, his Heirs and Assigns, in Case the Manor of
Hunton should be evicted, and give Recompence ad
"Secondly, it is mentioned in the Decree, that it
did plainly appear to the Court, that George Multon
had given Notice of the Eviction of East Peckham to
George Wyatt, Son and Heir of Sir Thomas Wyatt,
the 20th Day of February, 15° Eliz. and that George
Wyatt was restored in Blood 13° Eliz. and that George
Multon was not saved harmless within One Month.
"Whereupon George Multon entered into the Manor
of Hunton, 23° Marc. 15° Eliz. according to the
Purport of the Condition; and Sir Richard Baker,
Son of Sir John, had re-entered; and that, since,
divers Fines with Proclamations had been levied, and
several Descents had, of the Manor of Hunton, and
now claimed thereupon.
"Thirdly, That the Petitioners and their Ancestors
had been out of Possession of East Peckham Sixty
Years; and Sir John Baker and his Ancestors had
been in Possession of Hunton Sixty Years and upwards.
"Therefore the Court held it was great Reason the
Manor of Hunton should be settled and established
with Sir John Baker; and the Petitioners ever excluded from taking any Benefit of the Condition,
whereby His Majesty, His Heirs and Successors, will
be free and disengaged from giving and making of
any Recompence to the said Sir John Baker, his
Heirs or Assigns, for any Loss sustained by reason
of the Breach of the said Condition: And therefore it was decreed accordingly, That no Prosecution
should be upon the Ejectione Firmæ, or any after to
be brought by reason of the Condition."