House of Lords Journal Volume 8: 12 December 1645

Die Veneris, 12 die Decembris.

Prayers, by Mr. Cawdrey.

Ds. Grey de Warke, Speaker.

Devereux and Withypoole's Writings, taken in Mr. Holborn's Chambers, to be preserved.

Upon reading the Petition of Mr. Leycester Devereux; shewing, "That there are some Writings in the Hands of Mr. Sadler, which were taken in the Chamber of Mr. Holborne, at Lyncolnes (fn. 1) Inne;" and because these Writings concern him, they being concerning the Lands of Sir Wm. Withypoole lately dead, which Lands descend to him by the Right of his Wife: It is Ordered, That Mr. Sadler shall peruse the said Writings, and present a List of such as concern Sir Wm. Withypole's Estate to this House, and lay them aside by (fn. 2) themselves, and preserve them carefully; that so Mr. Leycester Devereux may have Recourse to them, to make Use of them, as he shall have Occasion.

Col. Jordan's Petition, to be freed from an Arrest.

Upon reading the Petition of Colonel Edmond Jordane, late High Sheriff of Surry; shewing, "That he was enforced to borrow several Monies, to supply himself and his Regiment withall; and now Mr. Woodhouse and Mr. Withy, and some others his Creditors, by their Agents, have caused the Petitioner most disgracefully to be arrested, and carried to Woodstreete Compter: He desires that, for the present, he may attend the Service of the (fn. 3) Parliament, and have an Opportunity to procure his Arrears, thereby to give his Creditors Satisfaction."

It is Ordered, To be referred to the Committee of Surrey, to certify this House what Monies he hath disbursed for the Use of the State; and then this House will give further Directions herein.

Ordinance for a Settlement on Ly. Fairfax, and for Portions for the Younger Children.

An Ordinance was presented to this House, concerning the Settlement of Lands, for raising Portions for the Younger Children of the Lord Viscount Fairefax; which was read Twice, and committed to these Lords following:

Mr. Baron Trevor and

Mr. Baron Atkins, to attend.

Any Three, to meet on Tuesday next, in the Afternoon, at Three a Clock.

Col. Searle's Petition.

Upon reading of the Petition of Colonel Michaell Searle this Day in the House: It is Ordered, That the said Petition be (fn. 3) sent to the House of Commons.

Manwaring, Sheriff of Stafford.

Ordered, That Edward Manwaring the Younger, Esquire, is nominated and approved to be High Sheriff for the County of Stafford; and that the Commissioners of the Great Seal do grant him a Commission for Sheriff, in Form usual, accordingly.

Sir A. Jenny, Sheriff of Suff.

Ordered, That Sir Arthur Jenney Knight is approved to be High Sheriff of the County of Suffolke; and that the Commissioners for the Great Seal of England do grant him a Commission accordingly.

Hawes's Judgement.

The Lord Roberts reported the Order and Judgement of this House, upon hearing the Cause of Hawes, and the Hospital of Christ's Church, against Hawes, which was read, and approved of. (Here enter it.)

Drury and Darrell.

Ordered, That the Cause between Drury and Marmaduke Darrell shall be heard peremptorily, at this Bar, this Day Fortnight; and the Parties to have Notice hereof.

Judgement in the Cause of Hawes and the Governors of Christ's Hospital, versus Hawes, an Appeal from the Court of Wards.

Whereas Anne Hawes, the Relict of Thomas Hawes, and the Mayor, Commonalty, and Citizens of London, Governor of Christ's Hospitall, have petitioned this High Court against a Decree made in the Court of Wards, on the Behalf of Nicholas Hawes; and whereas several Days have been spent in hearing the said Cause: And whereas it appeareth unto this Court, by the Decree of the said Court of Wards, and the Orders primo Maii, and decimo nono Octobris decimo tertio Caroli, there made, that the said Court of Wards did decree, That a Trial should be had at the Common Law, touching the Validity of the Will of Thomas Hawes then in Question; and, if the Trial should pass against the Petitioner Anne, then they would reserve the Equity of the Cause to that Court; and if it should pass for the said Nicholas Hawes, then they would decree the Inheritance to him: And whereas thereupon a Verdict was found for the said Anne; and yet the said Court did, by the Order of vicesimo tertio Aprilis, and vicesimo octavo Aprilis, decimo quarto Caroli, order, That a new Trial should be had; and that John Atkins, John Shipton, and Edward Gilbert, being Three of the said Anne Hawes her Witnesses, should be Defendants in the Suit, and should confess a Lease, Entry, and Oustre, according to former Orders made upon the First Trial, whereby they were disabled to give their Testimony in the said Cause upon the Second Trial; although no Reason appears in the said Decree or Orders whereby the said Anne ought to be deprived of their Testirnony, other than that it is expressed by the said Decree, that the said Court of Wards did conceive and declare the same to be very suspicious, that the same Will was fraudulently and surreptitiously procured, and, by the Practices of the Defendants in the said Suit in the Court of Wards, framed by them without any Instructions given by the said Thomas Hawes; and yet, upon that Suspicion, the said Court of Wards did as aforesaid deprive the said Anne of the Testimony of the said Atkins, Shipton, and Gilbert, Three of the Defendants in the said Court of Wards, by ordering them to be Defendants in the said last Action at Law, and to confess a Lease, Entry, and Oustre, therein; whereas, the said Court of Wards holding it fit and ordering a new Trial at Law to be had, upon the Point of Will or no Will, it was proper for the Court wherein the said Trial was to be had, upon hearing thereof, to allow or disallow the Exceptions to the Witnesses, and for the Jury who were to try the Issue to weigh, and to credit or disallow, the Testimony of such Witnesses as should be deposed before them: And whereas, upon these Orders, a Verdict did pass upon the said new Trial, for the said Nicholas, against the said Will; and although Two (fn. 5) Offices and a Verdict had been found before for the said Will, yet the said Court of Wards did decree the Freehold and Inheritance of the said Lands, of which they have no such Jurisdiction, and made the said Verdict final, notwithstanding the said former Verdict, and the said Two (fn. 5) Offices, which were all had in Affirmance of the said Will: Upon all which Matter, this Court conceived the said Decree erroneous and unjust, and held it just to reverse the said Decree, and to put the said Anne in such Plight and Condition as she was before the said last Verdict: And this Court, for the Causes aforesaid, doth reverse the said Decree, and do Order, That a new Trial shall be had at the Common Law, wherein the said Anne shall bring an Action of Trespass against the said Nicholas, for a Trespass supposed to be done in the Lands in Question; and the said Nicholas shall plead, that all the Land is his Freehold, whereupon Issue shall be joined; and the Question upon the Trial shall be, Whether the said Thomas Hawes made the said Will, or not? and, after the said Trial, this Court will give such Direction herein as shall stand with Justice; this Court now declaring their Opinion, that, after this Court shall be satisfied, upon One or more Trials at Law touching the said pretended Will, whether the same was the Will of the said Thomas Hawes, yea or not; then they will give Order, that the Lease for Years, made unto Atkyns and Rye, and assigned by the Order of the said Court of Wards unto Harvey and Markham, by the Appointment of the said Nicholas, may be disposed of according to Justice, the said Lease being made in Trust to wait upon the Freehold and Inheritance of the said Land."

Adjourn.

House adjourned till 9^a cras.