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A27226
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The reward of oppression, tyranny, and injustice committed by the late kings and queens of England and others by the unlawful entry and unlawful deteiner of the dutchie lands of Lancaster : declared in the case of Samuel Beck, an infant, and directed to his Highness Oliver, Lord Protector of England &c. and to the Right Honorable his Privy Counsel / by Margaret Beck.
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Beck, Margaret.
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1656
(1656)
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Wing B1649; ESTC R23676
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6,899
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16
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kept it all his time and left it to H. 8. In the first year of Mary an office was found after the death of Elizabeth daughter of Tho. Lord Latimer and wife of William Beck whereby Samuel Beck grandfather to this Infant was found heir to the Dukedome of Lancaster as heir to his Mother who had been lamentably persecuted and constrained to flie from place to place for fear of beeing burnt for Heresie as they called it by that Cruel woman Queen Mary This office was prosecuted and found by one Heath Father in law to Samuel Beck the Grandfather Hee beeing an Infant and at School at Westminster and in the 3 year of Philip and Mary Samuel Beck beeing under nine years of age was seized by Warrant and delivered to Rixam a Romish Priest to bee bred up in the Romish Religion the Queen then pretending love to him being her Kinsman and hee must bee carriried away from all his honorable Kindred and there must bee called Heath after his Father in Law's name hoping by this cheat to defraud the Office and that hee was not that partie found heir in the Office When that Queen died Heath found out the child and bred him at Oxford and matriculated him by the right name of Beck and when hee came to bee capable of the Ministry Queen Elizabeth gave him two great benefices in Devonshire and Cornwall with which preferment hee contented himself untill much importuned by many of his noble Kindred and especially the then Earl of Worcester to challenge his right to the Dukedome of Lancaster whereupon hee made his application to Queen Elizabeth by Petition who answered that the Dukedome was cast upon her without her means or procurement and that shee desired to have him advanced to his right and dignity hee beeing so near allied to her and ordered that no more grant of the Dutchie lands should pass untill it was tried in Parlament and also offered him great honor and dignity in the Church of England but before it was determined in Parlament the Queen died Then hee petitioned King James for a hearing in Parlament and to assign him Counsel who did viz. Sergeant Harris Sergeant Jones Mr Dyett and Mr George Crook and then contrary to Law committed him close prisoner without Ink or Paper and so kept him in prison untill a little before his death that the King intended to call a Parlament and being fearful that the horrible piece of tyrannie would bee questioned hee released him and promised him fair as hee knew well enough how to dissemble and called it nothing but King-craft but performed nothing during his life And after his death it beeing told King James that the Duke of Lancaster was dead hee answered God have mercie on Charls and his Issue for hee had don the Duke of Lancaster mickle wrong and that hee meaning Mr Beck had left a heavie curs behind him which were King James his own words for it was Mr Beck's custom when hee spake with the King to desire God to deal by the King and his as the King had dealt with him Shortly after King James dyed Then Nevil Beck beeing in his travels beyond the seas came back to claim his right to the Dukedom of Lancaster of King Charls who delayed him and would not consent to a hearing whereupon Nevil Beck desired 400l per An. for his maintenance for the present but the King answered that if hee gave him that it would enable Nevil Beck to make a case of it and so go to Law with him whereupon som high words of discontent passed from Nevil Beck in relation to his wrong that the King in fury caused him to bee put out of the Court Gates and gave order that the Porters should not suffer him to com in at any time after which caused Nevil Beck to use these words to the Kings servants I do believ I shall live to see him turned out and that neither hee nor his shall have any thing to do with this hous meaning Whitehall Then Nevil Beck petitioned the Lord's and Commons of the late long Parlament to hear his case who deferred the hearing of it telling him that hee must first get an allowance from the King who was then at Oxford in open hostlity against the Parlament and unless that were first don they could not give allowance to his Bill which how impossible that was to bee don let the world judg and after the King's execution they answered him that they had pulled down the hous of York and abolished Kingship and therefore it would bee dangerous to set up the hous of Lancaster but issued out to him som small summes at several times which kept him onely from starving and also forbad the sale of the Dutchie Lands and after his death issued out 20 l. to the use of his Son Samuel Beck the Infant by way of acknowledgment The Dutchie Lands were unfold untill the assembly after at Westminster who voted themselvs a Parlament ordained the sale of the Dutchie Lands The answer of his HIGHNESS most honorable privie Counsel to the Case of Samuel Beck as followeth JOhn of Gaunt had the Dukedome of Lancaster by his first wife heir of Henry Duke of Lancaster pag. 326. By that first wife hee had H. 4. and Philip marrried to John King of Portugal and Elizabeth married to John Holland Duke of Exeter and afterwards to Sir John Cornwall But Thomas Earl of Dorset came from Katharine Swinford the third wife so did Joan Beaufort married to the Earl of Westmerland from whom Beck claimes pag. 327. And pag. 328. it is said that H. 4. united the Ductchie to the Crown which himself held and H. 5. and H. 6. which are true heirs to it Neither is it likely that H. 4. would pass it to a female descended from Katharine Swinford who had divers sons himself pag. 992. Joan Beufort sister of Tho. Beufort of Dorset was second wife of Ralph Nevil Earl of Westmorland and this Earl had a son called Richard Nevil Earl of Salisbury in right of his wife and hee had issue first Richard Nevil the King-maker and six daughters from whom came the Earl of Derby Earl of Arundel the Lord Beuchamp the Earl of Huntingdon the Earl of Pembrook and Montgomery hee had also a ninth sonn called William Nevil Lord Falconberg after Earl of Kent whose three daughters married Coyners Strange waies and Bedbaring and a twelvth was George Nevil Lord Latimer whom the printed paper cites which Barony his Father purchased with the Lands of Latimer and bestowed them on his sonn George Lord Latimer from whom Beck claims in the paper But how can any thing descend on the daughter of this Lord Latimer from John Beufort when all the families before mentioned Derby Arundell c. descend from the elder son of Joan Beufort by marriage with his daughtâ—rs and George Latimer was the twelvth son of that eldest son The reply of Margaret Beck widdow Mother and Guardian to
The REWARD OF OPPRESSION TYRANNY and INJUSTICE Committed by the late Kings and Queens of England and others by the unlawful Entry and unlawful Deteiner of the Dutchie Lands of LANCASTER Declared in the Case of Samuel Beck an Infant and Directed to his Highness OLIVER LORD PROTECTOR of England c. and to the Right Honorable his PRIVY COUNSEL By MARGARET BECK widdow late Wife of Nevil Beck Mother and Guardian to the Infant London Printed Ann. Dom. MDCLVI TO HIS HIGHNESS OLIVER LORD PROTECTOR Of ENGLAND c. May it pleas your Highness TO look upon the case of the poor Childe concerning his Title to the lands of the Dutchie of Lancaster It hath pleased God that the power of Justice is now devolved on your Highness and the most honorable Privie Counsel And you are now the fountain thereof KIng Ed. 4. and his Counsel heard the Caus of the Masters and poor Brethren of the Hospital of St. Leonard's in York complayning that Sir Hugh Hastings John Wombel and others withdrew from them a great part of their Living which consisted chiefly upon the having of a Thrave of Corn of each Plough-land in the Counties of York Westmorland Cumberland and Lancashire and for which they being very poor men were not able to sue for at the Common Law Rotulo pat de An. 8. E. 4. part 3. memb. 14. and yet they had for that Hospital a special Act of Parlament made for them to give them action in that verie case 2. Hen. Cap 2. That there are many Presidents in the like case where the single person and his privy Counsel heard determined causes for the poor against oppression Shee make's bold to offer this to your Highness with confidence becaus heretofore you knew her poor Husband and have pitied his case and have been a friend to him out of your bountie and goodness May it pleas your Highness shee is so poor that shee is fain by her Needle to maintain her self and poor Child hardly Therefore her humble petition is that your Highness will bee pleased to order her a hearing in the behalf of her child before your Highness and your privy Counsel in this case and to assign her Counsel and in the mean time out of your bountie and goodness to allow her for the present maintenance for her Child A petition as it hath pleased your Highness graciously to afford to others and the prayers of the Widdow and Fatherless will bee for your Highness happiness c To the Right Honorable the Lord 's of his Highnes's most Honorable Privy Counsel The humble Petition of Margaret Beck widdow Humbly sheweth THat in all ages extraordinary causes were heard and determined before the single person and his privy Counsel as in the case of Bogo de Clare notwithstanding hee was dismist out of Parlament for Error in the complaint yet the King commanded him by Writ ad faciendum recipiendum quod per Regem concilium fuerit faciendum and so proceed to a Reexamination of the whole Caus 18. E. 1. And in the case of Elizabeth the widdow of Nicolas Audley against James Audley concerning her dowrie 4â— E. 3. Also in the case of William Goddard against Hugh Straule for divers Mannors in the Isle of Tannet 6. E. 5. Also in the case of Robert Danvers a Counseller against William Brocket a Clark of the Exchequer 21. H. 6. Another concerning the innocency of the Lord Ralph Cromwell Chamberlain to H. 6. concerning the villanous accusation of one Robert Colindona Priest for suspition of treason 31. H. 6. also In the case of the Abbot of S. Edmond's-Bury against Walter Thurston and others 20. E. 4. also In the case of Fardinando de Sanciago a Spaniard H. 7. with many more presidents in those and other Kings raigns and in the book of orders by the privy Counscel in the Minoritie of H 6. in the â— Article that all bills terminable at the Common Law shall bee remitted thither unless the discretion of the Counsel feel too great might on the one partie and unmight on the other or caus reasonable to move them and in the 14 article that the Clerk of the Counsel shall bee swoâ—n that each day of sitting hee shall call the bills of the poorest sutors to bee first read and answered so neer as hee can ask and inquire and the Kings serjeant to bee sworn to give Counsel without fee to such as shall bee accepted upon pain to bee discharged of their offices which were the verie words of the articles Therefore her humble petition is that you would be pleased to look upon the following case and to assign her counsel videl. Sergeant Maynard Mr Lach and Mr Freeman c. And to order that shee may have Coppie of such records as concern the Dutchie of Lancaster and that her Counsel and Agent may search for the same without Fees shee being miserably poor and that those who have entered on the Lands of the said Dutchie may bee summoned to answer to her Bill in the behalf af the Infant and shee shall daily pray c. HENRY the 4. after his Coronation created Thomas Beaufort Earl of Dorset and gave him 20 l. per An. out of the Exchequer for maintaining the King's Title to the Crown both at home and abroad and also made a Charter of the Dukedome of Lancaster to the second Hous of Lancaster in expectancie which then was Tho. Earl of Dorset who after the deceas of H. 4. by virtue of the Charter did enter into the Dukedome and did enjoy the same nine years in the raign of H 5. and six years in the raign of H. 6. and being lawfully thereof seized died without issue after whose deceas the said Dukedom descended to the next heir at the common Law which was Joan Countess of Westmorland his Sister who had issue George Nevil Lord Latimer who had Sir Henry Nevil who had issue Richard Lord Latimer and Thomas Nevil twins Richard died without issue Thomas had issue Elizabeth his onely daughter and heir who intermarried with Wil. Beck Esq who had issue Sam. Beck whohad issue Nevil Beck who had issue Sam. Beck an Infant now living H. 6. Contrary to the Charter made by H. 4. entered by intrusion for which the quarrel began between the Houses of York and Lancaster E. 4. conquered H. 6. and entered upon all his Lands as escheted becaus hee found the Lands of the Dukedome of Lancaster in his possession hee kept that also for his better strength and securitie and died who had issue Edward and Richard Infants murthered in their Infancie by Richard 3. who usurped both the Crown and Lands of the Dukedome of Lancaster H. 7. who had been banished came into England with forces onely to claim the Earldom of Richmond and fought with and killed R. 3. and took upon him the Crown and also entered upon the Dukedome of Lancaster taking his president from R. 3. E. 4. and H. 6. and