Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 20 die Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
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 followeth:
"To the King's Most Excellent Majesty.
"The humble Petition of Benjamin Mildmay Esquire;
"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. 1) 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 Reign, 1667.
"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 and right:
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 Parliament.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 21um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.