House of Lords Journal Volume 6: 27 April 1644

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. 1) 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:

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 Houses."

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 Decree.

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. 2) 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. 2) 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 Manchester.

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:

Answer.

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, as followeth:

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 Bedford.

"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. 4) 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 Counsels prosper.

"Bedford."

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 Morning.

Walsingham and Baker.

Inter Thomam Wallsingham, Quærentem, Joh'em Baker, Bar. Defendentem.

Judges Certificate.

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, as followeth;

"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. 5) 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 in Print.

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 Court.

"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 their Considerations:

"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 Valentiam.

"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."