House of Commons Journal Volume 7: 9 March 1652

Tuesday, the 9th of March, 1651.

Prayers.

Printing Act of Oblivion.

ORDERED, That it be referred to the Council of State, to take into Consideration the Abuse of reprinting and mis-printing of the Act, intituled, An Act of General Pardon and Oblivion; and to give Order therein: And likewise to consider of some Course for preventing the Mischiefs and Inconveniences that may arise thereby, for the future; and report the same to the Parliament.

Grant to Gen. Skippon.

The Lord Commissioner Lisle reports from the Committee to whom it was referred to end the Differences between Major General Skippon, and the Persons claiming Estates and Interests in the Lands settled upon the said Major General Skippon, by Act of Parliament.

UPON the Petition of Philip Lord Wharton, and the Lady Jane his Wife, to the Committee appointed the 27th of August 1651, to examine and consider of the Differences which might arise concerning the Lands granted to Major General Skippon; and to see the same be by him quietly enjoyed; wherein they set forth the Title of the said Lady Jane to a Moiety thereof, by Conveyance from Arthure Lord Grey, of Wilton, deceased; and as one of the Coheirs of his Body: And withal tender a Release, by Fine, or otherwise, as they shall be directed to the said Major General, of the Lands settled on him: As also, upon one other Petition of the said Lord and Lady Wharton to the Committee of Obstructions, for Parcel of the said Lord Grey's Lands, appointed to be sold as the Duke of Buckingham's;

The Case, upon Examination, appears to be as followeth:

It is proved, That Arthure Lord Grey, of Wilton, had Two Sons, Thomas Lord Grey, and Mr. Wm. Grey, both deceased without Issue; and Two Daughters, Elizabeth the Wife of Sir Francis Goodwyn, of Winchendon, in the County of Bucks; and Bridget, Wife of Sir Roland Egerton, of Farthing, in the County of Northampton, all deceased. The said Lady Goodwyn had Issue Arthure her Son and Heir; who had Issue only one Daughter, the now Wife of the Lord Wharton.

And it is proved, That the said Arthure Lord Grey, by his Deed indented, bearing Date the last Day of December, in the 17th Year of Queen Elizabeth, and inrolled in Chancery in February following, did, in Consideration of Marriage, and for a Jointure for his Wife, Preferment of his Children, and other Considerations, settle the Manor of Giffords, otherwise called Giffords Manor in Waddon, with the Appurtenances, amongst other things, and all other his Lands in the County of Bucks, upon himself for Life: and, after some particular Estates, long since determined, upon the Heirs of the Body of the said Arthure Lord Grey; with Remainder to his own right Heirs.

And it appears, by Record, and upon Oath, That the Manors and Lands of Whaddon, Bletchley, and Water Eaton, with divers Lands in Little Horwood, Fenny Stratford, and Little Brickhill, in the said County of Bucks, were the Lands of the said Arthure Lord Grey; and after, of the said Thomas Lord Grey, his Son, which are settled upon Major General Skippon: And that the Manor of Bittlesdon, in the said County of Bucks, also was the said Arthure and Thomas Lord Greye's; and is the only remaining Parcel of the said Thomas Lord Greye's Estate; and that it is now in the Disposal of the Parliament by the Delinquency of the Duke of Buckingham: And that, by the Survey of the 14th of October 1651, returned, according to the late Act for Sale of Delinquents Lands, it appears to be of the Value of 401l.9s. 2d. yearly, above 21l. 16s. Reprizes: And that, in Reversion, after some Years, there will be an Improvement of Rent, to the Value of 258l. 17s. 5d. yearly: And the Materials of the Manor-houses are valued at 30l. and the Timberwood and Under-woods at 1,308l. 12s.

And whereas the Objection is, That the Lady Wharton is debarred from any Title to the said Lands, by the Attainder of the said Thomas Lord Grey; after which the Lands were granted to George Duke of Buckingham, from the Crown; the said Lord Wharton and his Lady, in Answer thereunto, do tender as followeth, unto Consideration, Why the said Attainder, if any such there were, was unjust; and ought not, in the Judgment of Parliament, to prejudice their Right:

For that, first, There was not any such Practice attempted; though the Day, charged to have been agreed upon for the Execution thereof, was past, before any Discovery thereof: And that it is in itself incredible, that ever any such Attempt was or should be made; namely, That Eight or Ten Men should go about to take King James and Prince Henry; and afterwards to take the Tower of London, and imprison him there: And if they failed in taking the Tower of London, then to ride to Dover, and take Dover Castle, which they likewise had not, and imprison him there: And that this should be first consulted upon the 14th Day of June, and executed the 24th of the same June: All which appears, by the Consent of the History of those Times, to have been the Treason laid to his and their Charge: Which Testimony of the things speaking for themselves, they urge as a very strong Proof.

And, secondly, admitting there were such a Design, they urge, that it is very improbable, that the said Thomas Lord Grey should be assistant in it to join with Papists and Priests; it being proved, upon Oath, That the said Thomas Lord Greye's Education was under Two able and godly Ministers; the one of them Doctor Sparkes, appointed to manage the Conference at Hampton Court, in Behalf of those then called the Non-conformists; the other of them, Mr. Travers, being discountenanced by the Bishops of those Times, exercised his Ministerial Function in the said Lord Grey's House: And it being proved, upon Oath, that he the said Lord Grey was adjudged truly godly and religious, and so generally accounted, and was much taken notice of for a Lover of his Country, and the Honour and Liberties thereof: And it is proved, from several Persons, who believe he spake Truth therein, that he denied the same at the Block, where he expected Death, though he was reprieved; and that he did also deny it all his Life after.

Grant to General Skippon.

And, thirdly, it is proved, upon Oath, That it was then frequently reported, that the said Lord Grey, and Sir Walter Relegh had very hard Measure, in the Sentence of High Treason against them: Which was also the Opinion of After-times, so general, that it amounts to common Fame, that his Crime was not real, and the Punishment consequently unjust: And the Petitioners urge herein what Sir Anthony Weldon, in this Case, lately writ and printed in these Words, "That this Treason is left with so dark a Comment, that Posterity will never understand the Text, or remember any such Treason: And though some lost their Lives, yet the World was never satisfied with the Justice: That it was a Treason composed of a strange Medley, Protestants, Puritans, Papists, and Atheists, to meet all in one, and keep Counsel; which sure they did, because they knew not of any: That King James, upon faithful Relations given him of the Innocency of Ralegh, Cobham, and Grey, and slight Proofs against them, would not be drawn to sign Warrants for Execution of them; so that it was believed an arrant Trick of State, to overthrow some, and disable others."

Which is further confirmed; for that it is believed, upon Oath, to be true, That, as to the Lord Grey, it was a Plot of his Enemies to ruin him; for that many of his Ancestors had been in great Commands, and eminent in the Wars against the Scotts; and for that the said Arthur Lord Grey, his Father, was of Counsel at the Condemnation of the Queen of Scotts, and had justified Secretary Davison in that Business: And for that, after the Death of Queen Elizabeth, the Peers meeting and consulting what was convenient for the present Affairs, the said Thomas Lord Grey, out of a Love to his Country, and the Liberties thereof, desired, and insisted upon it, that Articles might be considered of for the Good of this Nation and People, and for the Preservation of the fundamental Laws and Liberties of the Kingdom, to be by King James agreed unto, before his Admission; the said Thomas Lord Grey insisting upon it, as a thing sit to be done, and which the King would accept; it being his Interest to be admitted upon any Terms.

And, fourthly, If any such Attempt of the Surprizal of King James were admitted to be true, and that the said Lord Grey were accessary thereunto; yet it ought not, in Judgment of Parliament, to prejudice the Petitioner's Right; for that it appears, that the Charge thereof, and the Sentence thereupon, against the said Lord Grey, was, in Time, before the Act of Recognition, in the first Year of King James his Reign; and so no Colour of his then being King by Virtue of the said Act.

Whereunto this is also further tendered to Consideration, Why the said Surprizal, if admitted, yet was not Treason; for that, by Two Acts of Parliament, in the 28th and 35th Years of King Henry the VIIIth, and by the Will of the said King Henry the VIIIth, by Authority of the said Acts, which said Will remains upon Record in the Prerogative Court, the Crown of this Realm was limited and appointed, after the Heirs of the Body of the said King Henry the VIIIth, unto the Heirs of the Body of the Lady Francis, eldest Daughter of the Lady Mary the French Queen, second Sister of the said King Henry: And, for Default of such Issue, to the Heirs of the Body of the Lady Eleanor, second Daughter of the Body of the said Lady Mary: And, for Default of such Issue, to the next rightful Heirs; which said Two Daughters of the said Lady Mary had, at the Death of Queen Elizabeth, several Heirs of their several Bodies then living: And it being thereby enacted, that it should be Treason for any Heir of the said King Henry, or any other Person, to demand or challenge the Crown of England, in any other Form or Course, than as by the Authority aforesaid it should be disposed and limited; or to attempt to deprive any to whom the said Crown should be disposed accordingly: And that any such Person, so demanding or attempting, should lose their Claim and Challenge to the Crown, and suffer as in Cases of High Treason: Which said Statute of the 35th of King Henry the VIIIth, as to the Limitation and Declaration of the Succession of the Crown, was likewise confirmed by Acts of Parliament in the first Year of Edward the Sixth, and in the first Year of Queen Elizabeth.

And it is further proved, That, in Satisfaction of the Injury done to those Persons attainted upon the said Pretence of Treason, the King granted most of the Estates, then forfeited, to those who were next in Remainder.

And it . . proved upon Oath, that the Duke of Buckingham paid the said Sir Roland Egerton, Husband of the said Bridgett, one of the Two said Daughters and Coheirs of the said Arthure Lord Grey, 10,000l. at one time, for his Lady's Interest in the said Estate; she having divers Leases of the said Lord Greye's Estate, which the King had granted after the said Attainder: and that the Duke gave the said Lady Egerton 1,000l. over and above; and procured her Husband, Sir Rowland, to be made a Baron.

And it appears upon Record, That thereupon the said Lady Egerton did release all her Title by Fine to the said Duke of Buckingham.

And it is proved by Oath, that neither the said Elizabeth Lady Goodwyn, nor Sir Francis Goodwyn, her Husband, nor the said Arthure Goodwyn, nor his Daughter the Lady Wharton, the other Coheir, nor any other, to or for any of their Uses, ever had any the least Satisfaction for their Interest in the said Lord Greye's Estate.

And it is proved, upon Oath, That the said Arthure Goodwyn expressed himself on his Death-bed, That if God blessed the Parliament with Success in their Undertakings, he doubted not to recover his Birthright in Whaddon-Chace, and the rest of the Estate in that County, from which he was unjustly detained: And that he often declared his Intentions to prosecute in this present Parliament for a Moiety of the said Lord Greye's Estate, or Satisfaction for the same; and that many of the Wellaffected in Buckinghamshire have often taken notice of the Injury they supposed to be done to the said Arthure Goodwyn, in being kept from his Right, as to a Moiety of the said Estate; and have wished, that his Posterity might be restored thereunto.

The Committee being appointed, by the Order of the 27th of August last, to see that Major General Skippon do quietly enjoy the Manors and Lands settled upon him by Act of Parliament, do, for that End, think sit that the Right of the said Lord and Lady Wharton should be barred by Act of Parliament; or that they should make Releases thereof: And the Petitioners do submit to the Judgment of the Parliament therein; and do withal humbly petition the Parliament, that the said Manor of Biddlesdon, which is proved to be the only remaining Parcel of the said Lord Greye's Estate, and now in the Disposal of the Parliament, by the Delinquency of the Duke of Buckingham, may be conveyed, by the Trustees for Sale of Delinquents Lands, on certain Persons in Trust for the Use of the said Lady Wharton, during the said Lord Wharton's Life; the Remainder to her and her Heirs.

All which is humbly submitted to the Parliament.

Lord Wharton's Claims.

He also reports, The humble Petition of Philip Lord Wharton, and the Lady Jane his Wife, sole Daughter and Heir of Arthure Goodwyn Esquire, deceased; in the Right and Behalf of the said Lady Jane: Which was this Day read.

The Question being propounded, That the Trustees for Sale of the Lands and Estates forfeited to the Commonwealth for Treason, be authorized and required to convey the Manor of Biddlesdon, in the County of Bucks, on such Persons as the Lord Wharton shall nominate, in Trust for the Use of Jane Lady Wharton, Wife of the said Lord Wharton, during the said Lord Wharton's Life; the Remainder to her and her Heirs;

And the Question being put, that this Question be now put;

It passed with the Negative.

The Question being put, That the Petition of the Lord Wharton and his Lady, and the Narrative reported concerning their Claim, be committed;

The House was divided.
The Yeas went forth.

So it was Resolved, That the Petition of the Lord Wharton, and his Lady, and the Narrative reported concerning their Claim, be committed.

Resolved, That the same be committed to the Committee for removing Obstructions in the Sale of the Lands and Estates forfeited to the Commonwealth for Treason, to examine and state the Matter of Fact, and report the same to the House.

Well-affected at Worcester.

Mr. Sallwey reports from the Committee to whom it was referred to consider of the well-affected Persons who suffered in the late Siege of Worcester, the Matter of Fact concerning the Losses of the well-affected in the City and County of the City of Worcester, and the County of Worcester, by reason of the late War in the City and County aforesaid, in and about the End of August, and the Beginning of September last.

That the Number of the well-affected Persons within the said City, having so suffered, is 266; as they were taken upon Oath, and certified by Jervise Buck Esquire, Wm. Collins, Edward Elvins, Commissioners authorized by this Committee according to Order; and, that the Losses of the said Persons, as they were taken upon Oath, and certified by the Commissioners above-named, amount to the Sum of 18,708l. 19s. 7d.

The Number of the Names of the well-affected Persons inhabiting in the County of Worcester, in several Parishes and Towns adjacent to the said City, having so suffered, is 808: as they were taken upon Oath, and certified by Wm. Jefferis, Jervise Buck, Nicholas Acton, John Lathum, Esquires, Edward Elvins, Wm. Collins, Walter Gyles, Abel Richardson, Andrew Yarranton, Commissioners, authorized as aforesaid: That the Losses of the said Persons, as they were taken upon Oath, and certified by the Commissioners above named, amount to the Sum of 13,121l. 12s. 8d.

Ordered, That this Business be re-committed upon the whole Debate.

Ordered, That it be referred to that Committee, to consider how a Sum, not exceeding 10,000l. may be raised out of the Estates of such Persons in the City and County of the City of Worcester, and also in the said County of Worcester, as were Delinquents in the last Action of the King of Scotts, and report the same, with the Names of such Delinquents, to the House.

The humble Petition of Edward Elvyns, Alderman of the City of Worcester, was this Day read; and, upon the Question, referred to that Committee.

The humble Petition of Thomas Wryter of the City of Worcester, Tanner and Maltster, was this Day read; and, upon the Question, referred to that Committee.