THE CASE IN LAW AND EQUITY OF TRISTRAM WODWARD Esq FOR THE Mannors of Tuddington Harlington And Tyngrith and other Lands in the County of Bedford Reported to the Commissioners of Obstructions by Mr St Nichlas the Councell for the Common-wealth To the Honourable the Commissioners of Parliament for removing Obstructions in the sale of severall Lands and Estates forfeited to the Commonwealth for Treason IN obedience to your severall Orders of the 11 of September 30 of October and 25 of February 1651. upon the Petition of Tristram Wodward Esquire who layes claim out of the Estate of Thomas Earl of Cleveland to the Mannors of Tuddington Harlington and Tyngrith in the County of Bedford I have examined and finde That by the copy of an Office taken 35 of Eliz. after the death of Henry late Lord Cheyne it appeareth that the Mannors of Tuddington Harlington and Tyngrith in the County of Bedford were the Inheritance of the said Lord Cheyne by discent from Anne Broughton his Mother And it appeareth that in the 6 year of Queen Elizabeth the Lord Cheyne did suffer a Common Recovery of the said Mannors to the use of the Lord Cheyne and Jane his Wise for their lives the Remainder to the Heirs of the body of the Lord Cheyne Remainder in Fee to the said Jane And in Trinity Tearm 13 of Elizabeth the said Henry Cheyne then Sir Henry Cheyne Knight and Dame Jane his Wife did suffer a new Recovery of the said Mannors and Land and by their Tripartite Deed dated the 2 of April the 13 of Elizabeth limit the use to Sir Henry Cheyne and Dame Jane Cheyne and the heirs males of Sir Henry on the body of the Lady Jane Remainder to the heirs males of the body of Sir Henry Cheyne Remainder to the heirs of the body of the said Lord Cheyne on the body of the said Lady Jane Remainder to the heirs of the body of the said Lord Cheyne and for default of such Issue to the use of such Person and Persons and for such Estate and Estates as the said Dame Jane surviving the said Sir Henry Cheyne at any time during her life shall dispose or appoint by any writing subscribed with her hand and sealed with her Seal and for default of such Issue and disposition and appointment and after the expiration of such disposition or appointment then to the use of the said Sir Henry Cheyne his heirs and assignes for ever absolutely without any Condition And I finde by the Answer upon Oath of Thomas Earl of Cleveland and Sir John Crofts 12 Jacob. to an Information in the Court of Wards at the relation of Thomas Cheyne Esq the next heir of Henry Lord Cheyne by three Inquisitions that the said Lord Cheyne did cause his wife to joyn with him in a new Recovery 13 Eliz. to the use of the Lord Cheyne and Jane his wife and to the heirs males of the body of the Lord Cheyne upon the body of the said Jane lawfully coming the Remainder to the heirs males of the body of the Lord Cheyne the Remainder to the heirs of the body of the Lord Cheyne upon the body of the said Jane the Remainder to the heirs of the body of the Lord Cheyne the Remainder to such person and persons and for such estate and estates as the said Jane surviving the Lord Cheyne at any time during her life shall dispose or appoint by any writing subscribed with her hand and sealed with her Seal as by a Copy of the said Answer deposed by George Becke Gent. to be a true Copy of the Originall appeareth And it is deposed in Chancery that upon a Reference from the Parliament to Justice Reeve and Justice Foster the Earl by his Councell and Sollicitor did produce the other part of the said Deed of 13 Eliz. which limited the Fee-simple of all the Mannors for want of Issue of the Lord Cheyne and such disposition of his wife and after the expiration of such disposition to remain to the Lord Cheyne and his heirs and assignes for ever absolutely and without any Condition as by a Copy of the Depositions of John Cook and Richard Wallopp Esquires deposed by George Becke Gent. to be a true Copy of the Originall appeareth And it appeareth by the Copy of a part of the Will of the said Jane Lady Cheyne examined by the Record and deposed by the said George Becke to be a true Copy of so much of the said Will That the 10 Jacob. she made a Lease for 30 years of the aforesaid Mannors to Sir John Crofts and Dame Mary his wife to begin from the death of the said Lady Jane And it appeareth by a Memorandum in the foot of the same Will upon Record she died the 16 of April 1â— Jacob. whereby the said Lease ended the 16 of April 1644. And I finde that by Indenture dated the 12 Martij 11 Jacob. made between Thomas Cheyne Cozen and next heir to the said Henry Lord Cheyne and Tristram Wodward the Petitioner and Ellen his wife one of the daughters of Sir Edmund Pelham of the one part and Sir Thomas Pelham Knight and Baronet Sir John Hungerford Knight Sir John Wodward Knight Anthony Dyott Herbert Pelham Son and heir of the said Sir Edmund Pelham William Cobbs Esq and John Coddrington Gent. of the other part Reciting That whereas the said Thomas Cheyne by Deed of Bargain and Sale inrolled in Chancery dated 17 Novemb. 6 Jacob. for the consideration of divers Lands Tenements and Leases for years amounting to the value of 10000 pound which were purchased with the money and goods of the Grandmother and Grandfather of the said Tristram Wodward and meant and intended for the Portions and advancement of Joan the Mother of the said Tristram and conveyed away from her unto Elizabeth Cheyne the wife of the said Thomas Cheyne and sister of the said Joan and the money thereof spent in the great Suits of the said Thomas Cheyne for the obteyning of the Lands wrongfully sold away from the said Thomas Cheyne by the said Henry Lord Cheyne which Lands of the said Elizabeth Cheyne or so much in value was meant by the said Thomas Cheyne and Elizabeth his wife after the death of the said Elizabeth without Issue or after the death of the said Henry Lord Cheyne without Issue to remain unto Joan the said sister of the said Elizabeth Cheyne and mother of the said Tristram And for divers other good Considerations in the said Deed exprest hath given granted bargained and sold unto the said Tristram Wodward and his heirs the Mannors of Tuddington Chalgrave Harlington and Tyngrith and the Reversion and Reversions Remainder and Remainders thereof and of all other the Lands Tenements and Hereditaments of the said Thomas Cheyne whereof the said Henry Lord Cheyne died seized in the said County of Bedford after the death of the Lady Cheyne wife of the Lord Henry Cheyne which lawfully descended and of right ought to come unto
Thomas Cheyne as Cozen and next heir to the said Henry Lord Cheyne and whereof the said Thomas Cheyne by Inquisition after the death of the said Lord Cheyne is found to be Cozen and next heir to the said Lord Cheyne as by a Copy of the said Inquisition deposed by the said George Becke to be a true Copie of the Originall to me likewise appeareth Now the said Thomas Cheyne and Tristram Wodward as well in consideration of divers summes of Money paid by the said Herbert Pelham to the said Tristram Wodward in marriage with the said Ellen his wife sister of the said Herbert Pelham and in consideration of the said marriage had between the said Tristram and the said Ellen the daughter of the said Sir Edmund Pelham and Ellen Lady Pelham her mother Cozen of the whole blood to the said Henry Lord Cheyne and to the said Thomas Cheyne she being descended from the Cheynes of Crall in Sussex who are of the whole blood and family of the said Lord Cheyne And for that the said Tristram is of blood of the said Elizabeth Cheyne and the said Ellen and her Issue of the blood of the said Cheynes of Crall and shall keep the same Name and for advancement of the heirs of the bodies of the said Tristram and Ellen his wife do Covenant to stand seized of the said Mannors of Tuddington Chalgrave Harlington and Tyngrith and of the Reversions thereof and of all other the Lands Tenements and Hereditaments of the said Thomas Cheyne and Tristram Wodward or either of them in Tuddington Chalgrave Horkley Tyngrith Harlington Apsley Ridgemont Westonning Sundon Pullox hill Haughton Flitwicke and Strackley in the said County of Bedford to the use of the said Tristram Wodward and Ellen his wife and the heirs of their two bodies the Remainder to the right heirs of the said Tristram for ever which Indenture was enrolled in Chancery 23 Febr. 18 Jacob. as by the Copy of the said Indenture deposed by the said George Becke to be a true Copy of the Record appeareth And I finde that the said Thomas Cheyne 4 Novemb. 12 Jacob. did acknowledge a Recognizance in nature of a Statute Staple of 40000 pound before the then Chief Justice Sir Edward Cook to Tristram Wodward and Cheyne Wodward his sonne defeazanced for performance of the Covenants of the said Deed of 6 and 11 Jacob. as by the Counterpart of the said defeazance not yet proved appeareth And that the Lord Cheyne and Jane his wife did the 20 Eliz. by Fine Sur concessit make a Lease for 30 years of part of every Mannor to John Pare reserving the old Rent to be paid to the Lord Cheyne and Jane his wife and to the heirs of the Lord Cheyne And the Lord Cheyne without his wife 24 Eliz. did suffer a Common Recovery of another part of every Mannor and made the like Lease to one Francis Bevill And the Lord Cheyne and Jane his wife 27 Eliz. did by Fine Sur concessit make the like Lease for 30 years for another part of every Mannor to Ralph Astrey Esq and reserved the old Rents to him and Jane his wife and the heirs of the Lord Cheyne And the Lord Cheyne and Jane his wife 28 Eliz. did joyn in Fines of the Coppy hold Lands of every Mannor to make them Freehold whereby the Petitioner Claimes to part of the Lands and profits since the death of the Lady Cheyne and to the Reversion and profits of the rest of the Mannors since the 16 of April 1644. when the Lease to Sir John Crofts c. expired And I finde that the Earl of Cleveland and Sir John Crofts do in their Answers in the Court of Wards plead two Titles against the said Thomas Cheyne The one that 6 Jacob. he had conveyed the Reversion to the Petitioner and his heirs And that the 29 of Eliz. the said Jane Lady Cheyne did by her writing grant the Reversion of the said Mannors after her death to one Edmund Pooley and Charles Glenham and their heirs and that shortly after they re-granted the Fee to Jane Lady Cheyne and her heirs which is the now Earl of Cleveland as by a Copy of the said Answer deposed by the said George Becke to be a true Copy of the Record appeareth And it is deposed in Chancery That the said Earl by his Councel and Sollicitors did produce the said Deed of 29 Eliz. to Justice Reeve and Justice Foster upon the Reference to them who being informed that the said Deed was not found in the Lord Cheynes Office 35 Eliz. nor in the Lady Cheynes Office 12 Jacob. nor pleaded by the Lady Cheyne in the Exchequer to the respit of Homage 36 of Eliz. nor spoken of by the Lady Cheyne in her last Will as it likewise appeareth to me by Copies of the said severall Inquisitions Pleadings and Will deposed before this Honourable Committee to be true Copies and demanding the reason why it was not found in the said Offices M. Serjeant Taylor the Earls then Councel did confess the said Deeds of 29 Eliz. were proffered to the Jury 12 of Jacob. at the finding of the Lady Cheynes Office but then the Jury would not finde them and that Justice Reeves said those Deeds were no evidence which Justice Foster did not contradict And it is likewise deposed in Chancery That the said Earl borrowed Money upon his Title by the Deed of 6 Eliz. and the Inquisition of the 35 of Eliz. and concealed the Deed of 13 Eliz. and the Deed to Pooley and Glenham the Copies of which Depositions are likewise deposed to be true Copies of the Originall by the said George Becke And I finde that by Inquisition taken at Dunstable in the County of Bedford 17 Martij 12 Jacob. upon a Diem clausit extremum after the death of Jane Lady Cheyne it was found that the said Jane Lady Cheyne in her life time and long before her death was seized in her Demeasne as a Fee of the Mannors of Tuddington with the appurtenances in the County of Bedford and of certain Glebe Lands in the said Parish called the Portionaries and of the Mannors of Chalgrave Harlington the Rectory of Harlington the Mannor of Tyngrith and divers Messuages Lands Tenements c. in Tuddington Chalgrave Harlington Tyngrith Horkley Apsley Rigemount Westonning Sundon Pullox hill Hauton Flitwicke and Strackley in the said County of Bedford and that she was seased in her Demesne as a Fee of a certain Grange called Pullox hill Grange alias Harlington Grange in the County of Bedford and of a Close of Pasture called Muncks Close and a parcell of Meadow called Cranford Meade and a water Mill to the said Grange belonging sometime belonging to the late dissolved Monastery of Wooburn which last mentioned parcels were purchased by the said Lady Jane and Henry Lord Cheyne her late husband of one Roger Alford and of divers other parcels of Lands in Tuddington therein particularly mentioned and that she died seized
before the said Covenant and Conveyance made to Elizabeth Cheyne the said Thomas Cheyne the father had made two former Conveyances of the said Lands the one for 50 years or thereabouts the 12 Eliz. and the other of the Fee-simple 13 Eliz. to one Langly of London as by the Copy of the Inquisition taken after the death of Thomas Cheyne the father 31 of Elizabeth and the Copy of the Deed inrolled dated the 13 Eliz. deposed by the said George Becke to be true Copies appeareth And this Deponent further saith That the Deed and Recovery 6 Eliz. was only found in the Lord Cheynes Inquisition 35 Eliz. and the Deed and Recovery of 13 Eliz. was left out of the Inquisition and 12 Jacob. in the Inquisition then taken after the death of the Lady Cheyne to intitle her to die seized of the Fee-simple there was neither the Deed of 6 nor 13 of Eliz. found and so found her to die seized without Deeds of the Lands in the said Recoveries mentioned as by the Copies of the said severall Inquisitions deposed by George Becke to be true Copies appeareth And this Deponent further saith That in the Dismission at large 12 Jacob. against Thomas Cheyne in the Court of Wards it appeareth that the Earl did plead this Deponents Deed and Considerations to barre Thomas Cheyne and that the Clark had entred in the said Dismission that the Court was satisfied the Earles Title was good and sufficient in Law without any such words or warrant in the Order for the dismission as by the said Order and Dismission deposed by the said George Becke to be true Copies appeareth And this Deponent further saith That 4 Carl. the Earl demurred to the Considerations generally expressed in this Deponents Deed and Bill in Chancery for want of the Evidences and got this Deponents Bill dismist and in the dismission the Earl did cause the Clark to insert that the Court would not allow of the Considerations of this Deponents Deeds albeit it was directed by the Court and so written in the Registers Note-book that the Bill was to be dismissed without prejudice as by the Notes in M. Edwards his Book Register did then and after appear to this Deponent and is so certified by M. Devonish a Clark in the Registers Office under his hand And this Deponent further saith That it appeareth under the hands of Serjeant Rolls Serjeant Godbolt Serjeant Atkins afterwards Judges and Sir Thomas Widdrington and others subscribed in the year of our Lord 1645. which is deposed in Chancery by John Cooke and Richard Wallopp Esquires to be their hands that they are of opinion the Considerations are great and valuable Considerations for the Lands claimed by this Deponent and that the entring by the Clark in the Court of Wards in the dismission against Thomas Cheyne that the Court was satisfied that the Earls Title was good and sufficient in Law without any such words or warrant in the Order for the dismission and the pleading thereof against this Deponent at the Councel-Table and in Chancery was unduly done and ought to be suppressed and that this Deponent ought to have a Decree against the Deeds to Poolâ—y and Glenham for divers reasons under their hands expressed And this Deponent further saith That it appeareth by the Depositions in Chancery of George Almery Gent. that he and Justice Phesant did compound with this Deponent for their part of the Lands Morgaged to them by the Earl of Cleveland And this Deponent further saith That to this Deponents best remembrance M. Hales Councellor at Law did advise Sir John Thorowgood to compound with this Deponent for his part of the Lands morgaged to him by the said Earl and told this Deponent he would be of Councell for this Deponent against the Title of the Earl and to this Deponents best remembrance the said Sir John Thorowgood did tell this Deponent that he had lent the Earl three thousand Pound upon a Morgage of the Mannor of Harlington and that the said Mannor was worth six thousand Pound and that if this Deponent would allow the said Sir John Thorowgood his three thousand Pound in the Purchase he would give this Deponent three thousand Pound more or used words to the same effect And this Deponent further saith That the profits of one of the Leases of Elizabeth Cheyne called Swinford Lease from the time of the marriage of Elizabeth Cheyne 14 Eliz. to the time of the making of the Deed 11 of Jacob. did amount to more then the ten thousand Pound mentioned in the said Deed for recompence whereof and for other the Lands and goods of Elizabeth Cheyne the said Thomas Cheyne did convey and Covenant to convey the Reversion of the said Lands claimed by this Deponent And this Deponent further saith That after the Lease for 30 years made to Sir John Croft was ended this Deponent did prefer a Bill in Chancery to be relieved against the said Deeds to Pooley and Glenham which Bill was signed by Bulstrade Whitlocke Esquire after one of the Lords Commissioners for the Great Seal and by John Bradshaw Esquire after Lord President of the Councell of State and by Sir Thomas Beddingfield Knight after one of the Judges of the Common Pleas and by Henry Pelham and John Maynard Esquires who have also declared in the Bill that this Deponents remedy is by Decree in Equity against those Deeds to Pooley and Glenham for divers reasons And the president of Kinersley and Colmers Case in the Bill set forth which Title of the Earl by the said Deeds to Pooley and Glemham is now come to the State whereby this Deponents Title is to be heard and determined by the Committee of Obstructions both for Law and Equity by the saving in the Act for the sale of Delinquents Lands as this Deponent humbly conceiveth by the words in the Act. All which is humbly submitted to Judgement THOMAS St NICHLAS Novemb. 20. 1651. Copia examinatur EDWARD NOELL May 13. 1652. By the Commissioners for removing Obstructions in the Sale of Delinquents Lands and Estates WHereas the Cause upon the Petition and Claim of Tristram Wodward Esquire out of the Estate of Thomas Earl of Cleveland to the Mannors of Tuddington Harlington and Tyngrith in the County of Bedford came to a Hearing this day and the Deed of 29 of Eliz. made to Pooley and Glemham mentioned in the Councels Report being not produced in this Cause Ordered that the further hearing of this Cause be respited untill Thursday the 27 instant and this to be without prejudice to the parties interessed herein in the mean time and that there do issue forth an Order for the bringing in of the said Deed by that day William Roberts John Parker Francis Mussenden Robert Aldworth Henry Pit Copia examinatur Edward Noell May 13. 1652. By the Commissioners for removing Obstructions in the Sale of Delinquents Lands and Estates ORdered That M. Thomas Penington do forthwith produce to Mr St Nichlas of
Councell for the Commonwealth such Conveyances as he hath in his custody or can come by as were made by the Lady Jane Cheyne deceased in the 29 of Eliz. to Pooley and Glenham and from the said Pooley and Glenham to Thomas Earl of Cleveland or to any other for his use to be made use of in the defence of the Common-wealths Title and then to be safely redelivered to the said M. Penington Copia Examinatur Edw. Noell May 27. 1652. By the Commissioners for removing Obstructions in the Sale of Delinquents Lands and Estates VVHereas the Cause upon the Petition and Claim therein of Tristram Wodward Esquire out of the Estate of Thomas Earl of Cleveland one of the persons named in the Act intituled An Act for the Sale of severall Lands and Estates forfeited to the Commonwealth for Treason to the Mannors of Tuddington Harlington and Tyngrith in the County of Bedford came according to former Order to a hearing this day and the Certificate or Repert of Mr St Nichlas of Councell for the Commonwealth made in this Case being read and Councell for the Petitioner being heard what they had to offer in reference to the said Claim and the same being had in serious debate and consideration it was upon the Question resolved That the Claim of the said Tristram Wodward Esq to the said Mannors of Tuddington Harlington and Tyngrith be dismissed Copia examinatur Edward Noell That the Act of Parliament for Sale of Delinquents Lands doth appoint all Just Claimes both in Law or Equity to be heard determined and allowed The Reasons of learned Lawyers why the Claim of the said Tristram Wodward Esq is Just in Law and Equity I Am of Opinion That the Plaintiff M. Wodward ought to have a Decree for the Lands and profits since the death of the Lady Cheyne 12 Jacob. of those parcells of Lands whereof the Fines Sur concessit were levied 20 Eliz. and 27 Eliz. and whereof the Recovery was suffered 24 Eliz. for that the Ladies power was interrupted from making the Lease for 30 years of those parcells notwithstanding the Deeds to Pooley and Glemham supposed to be made by the Lady Cheyne 29 Eliz. were true Deeds but I suspect those Deeds to be false antidated Deeds made of purpose to bring the Reversion to the Earl of Cleveland the Lady Cheynes heir contrary to the intent of the Lord Cheyne in the Deed of 13 Eliz. wherefore I am also of opinion the Plaintiff ought to have a Decree for the Reversion of all the rest of the Lands after the expiration of the Lease for 30 years made by the Lady Cheyne 10 Jac. to Sir John Crofts to begin from her death 12 Jac. which ended the 16 of April 1644. I am also of opinion That the Lands and Goods of Eliz. Cheyne are good and valuable Considerations in equity for Thomas Cheyne her husband to Convey his own Lands to the Plaintiff who was sisters son of Elizabeth Cheyne by the said bargain and sale made 6 Jac. and that the Lands mentioned in the Deed of Bargain and Sale ought to be decreed for the Plaintiff in equity according to the Conveyances and Covenants of Thomas Cheyne I am also of opinion That the new Assurances made 11 Jac. by Thomas Cheyne to Sir Thomas Pelham Sir John Hungerford and others do in Law raise the uses to the Plaintiff and his Children being made for marriage between the Plaintiff and his wife the daughter of Sir Edmund Pelham and Kinswoman of Thomas Cheyne and of the Lord Cheyne and that the Conveyance of 11 Jac. and the Statute of Forty thousand Pounds are good in Law and equity EDWARD ATKINS July 18. 1645. I Am of opinion That for those parcels of Lands wherein the Ladies power was interrupted by the Fines of 20 and 27 Eliz. and by the Recovery of 24 Eliz. and for the profits thereof since the death of the Lady the Plaintiff ought to be releeved in equity albeit the Deeds to Pooley and Glemham should fall out to be true Deeds but those Deeds seem to be false and antidated after the Lady Cheynes Revocation of her Limitation 35 Eliz. and therefore I also conceive that the Plaintiff ought to be releeved for the Reversion of all the rest of the Lands after the expiration of the Lease for 30 years which is now ended and the great Estate in Lands and Goods of Eliz. Cheyne the Plaintiffs Aunt whereof she was defrauded were great and valuable Considerations for Thomas Cheyne to convey this Reversion after the 30 years to the Plaintiff being the sisters son of Eliz. Cheyne and I think that the bargain and sale to the Plaintiff 6 Jac. Regis and the new Assurances 11 Jac. Regis and the Statute of 40000 Pound ought to be decreed for the Plaintiff in equity according to the Covenants of Thomas Cheyne I hold that the Lady Cheyne by the Deed of 13 Eliz had only power to make one Limitation and no more and therefore that Limitation of the uses of the Recovery of 13 Eliz. in the bottom of the Deed of 35 Eliz. were void and idle if those Deeds to Pooley and Glemham were made 29 Eliz. and true Deeds which I conceive are repugnant to those Deeds 35 Eliz and also to the last Will of the Lady Cheyne which Declares that she never made any Limitation nor ever intended to make any without power of Revocation If those Deeds to Pooley and Glemham had been true Deeds it is not probable that Sir John Crofts the Lady Cheynes Commissioner would have omitted the proving of them at the finding of the Lord Cheynes Office in 35 Eliz. or have suffered the Lady Cheyne to have omitted the pleading of them in the Exchequer 36 Eliz. neither would the Earl have omitted the proving of them in his own Office 12 Jac. Regis after the death of the Lady Cheyne nor in the Court of Wards Councell-Table and Chancery where he hath been called to prove them It appears that the Earl in the Court of Wards pleaded the Plaintiffs bargain and sale and Considerations to barre Thomas Cheyne and therefore it will be a kind of contradiction for the Earl to plead in Chancery against the Plaintiff that now the Considerations are not valuable I am of opinion That the Clarks undue entring up in the dismission at large in the Court of Wards against Thomas Cheyne that the Court was satisfied of the Earls Title to be good and sufficient in Law without any such words or warrant in the Order for dismission and after pleading the same at the Councell-Table and in Chancery against the Plaintiff is unduly done and ought to be suppressed The Lord Cheyne taking the Fee-simple from the Lady Cheynes heirs given by the Deed of 6 Eliz. and setling it upon his own heirs by the Deed of 13 Eliz. after the expiration of the Lady Cheynes Estate doth cleerly shew that he meant his wife should leave the Reversion after 30 years to his heirs