Thursday, the 2d of April, 1657.
Lord Clandeboy's Composition.
A BILL for Confirmation of the Composition of
James Lord Viscount Clandeboy, was this Day read
the Third time; and, upon the Question, passed.
Ordered, That this Bill be offered to his Highness the
Lord Protector for his Consent.
A Bill for settling of Charles Lloyd of London Esquire,
in his Lands in Ireland, in lieu of other Lands fallen to
him by Lot, as an Adventurer, was this Day read the
First time; and ordered to be read the Second time on
Ld. Broghill's Estate.
A Bill for settling the Castle of Blarney, and Lands,
to the Value of One thousand Pounds per Annum, which
were Part of the Possessions of Lord of Muskerry,
upon Roger Boyle, Lord Baron of Broghill, and his Heirs,
in Satisfaction of all his Arrears and Demands, unto the
28th Day of June 1650, was this Day read the First time;
and, upon the Question, ordered to be read the Second
time on Monday next.
Colonel Cooper reports, Amendments to the Bill for
establishing of several Lands in the Counties of Dublyn,
and Kildare, in Ireland, upon John Blackwell the younger,
Esquire, and his Heirs; and for Confirmation of Letters
Patents to him made: Which were twice read, and agreed;
and the Bill, so amended, ordered to be ingrossed.
Ordered, That the Bill for Ledbury be read the Second
time on Wednesday Morning next.
Proceedings concerning Gresham.
Mr. Jenkinson reports from the Committee to whom
the Petition and Appeal of Marmaduke Gresham, Son of
Sir Edward Gresham, and the Petition of Jane Gresham,
were referred; the Matter of Fact upon the said Petitions, with the Opinion of the said Committee, as
SIR Edward Gresham Knight had Two Wives; and
by his First Wife had Issue Thomas, Father of Jane the
Petitioner; and by his Second Wife had Issue, Marmaduke the Petitioner.
Sir Edward, by a Conveyance from Beatrice his Grandmother, was seised of an Estate, to him and the Heirs Males
of his Body, of the Manors of Standgrave, the Rectory
of Eaton Bridge, Lusted's Farm, and Rowholt's, to the
yearly Value of Two hundred Forty-eight Pounds Thirteen Shillings; and, by Fine and Deed, in the Fifteenth
Year of the late King Charles, conveyed the same to
Trustees, to the Intent that, during the Life of Sir Edward,
Thomas his Son should have Forty Pounds per Annum, and
his Wife Twenty Pounds per Annum; and the rest of the
Profits to be to Sir Edward during his Life; and, after
his Death, Forty Pounds per Annum unto the Wife of
Thomas; and the rest of the Profits unto Thomas for
Life; and, after his Death, then to the Sons of Thomas,
and the Heirs Males of their Bodies; and, if no Sons,
then to raise Portions for Daughters; Three hundred
Pounds, if but One; if more, Five hundred Pounds;
the Remainder to Marmaduke in Tail.
Sir Edward, by Conveyance from Sir Thomas Gresham
his Father, was likewise seised, in the Year 1643, of the
Manors of Titsey, Limpfeild, Broadham, Westram, and
some Houses in Aldermanbury in London, of an Estate
to him and the Heirs Males of his Body; and, in Trinity
Term in the same Year, suffered common Recoveries of the
same; and, by Deed in July 1643, declared the Uses of
those Recoveries to be to himself for Life; and afterwards,
of Part, for several Jointures; of other Part, for Payment
of his Debts and Legacies; and the Remainder of all to
the Heirs Males of his Body, begotten on the Body of
Dame Mary, his Second Wife, Mother of Marmaduke;
with divers Remainders over; and in 1646 died.
Thomas Gresham, Father of Jane, in 1648 exhibited his
Bill into the Court of Chancery against Dame Mary
Gresham, Marmaduke Gresham, Sir Thomas Holmden,
and John Holmden; setting forth the Settlements by
Beatrice and Sir Thomas; and complaining, that the
Settlement of Sir Edward in 1643, was procured by the
Fraud and Practice of the said Dame Mary; and prayed
the same might be made void: To which the Defendants
answered, joined Issue, and the Case came to Hearing,
and a Decree passed; viz.
"The Court did declare, That they were satisfied, that
there was a Practice in the Defendant Dame Mary; and
that thereby the Assurances were gained for Marmaduke:
And although they did not think fit to shake the Settlements made by Sir Edward, as to Jointures, Annuities,
or Debts, yet an Allotment should be made of some Part
of the Manors so settled, to Thomas; and that One thousand Marks should be paid him: And did decree the
Possession of the Manor of Standgrave, and Rectory of
Eaton-Bridge, and Rowholts, to Thomas Gresham, and
his Heirs and Assigns."
"And the Reversion of the Manor of Titsey (after the
Death of Dame Elizabeth, Wife to Sir John Gresham,
deceased), with the Appurtenances, of the yearly Value
of Three hundred and Fifty Pounds, are, by the Decree,
settled upon Thomas for Life; then to his Wife for Life;
then to his First, Second, and other Sons in Tail; the
Remainder to the Daughters of Thomas, and the Heirs
of their Bodies; the Remainder to the Defendant
Upon Consideration of the Matter aforesaid, and the
Depositions that were taken in Chancery in this Cause (of
which these hereunto annexed were chiefly insisted on); the
Committee were of Opinion, that the said Decree was
Erroneous, and ought to be reversed, for these Reasons:
First, There is no Proof made of any undue Practice
by Dame Mary Gresham (which is the Ground of the
Decree), whose Jointure was created by the Settlement
of Sir Edward, and confirmed by the Decree; and Marmaduke was an Infant at the making of the Conveyances.
2. There was Proof made, in the Court, of the Conveyances, and the Causes thereof; viz. the Debauchedness
of Thomas, and Marriage without his Father's Consent.
3. John Holmden, who is not charged in the Bill with
any Trust, is decreed to convey the Trust-Lands, although Sir Thomas Holmden, the surviving Trustee, was
dead before the Decree was made.
4. One thousand Marks is decreed to be paid by Marmaduke, without Cause for it, or Demand, by the Bill of
5. That by this Decree, the ancient Settlements of
Beatrice, and Sir Thomas, whereby the Lands were to
continue and go to the Heirs Males, are both set aside,
as well as that of Sir Edward's, contrary to the Desire of
Thomas by his Bill: For, by the Decree, Beatrice her
Lands are settled on Thomas in Fee-Simple, and the Manor of Tytsey in Tail, to his Heirs Female of his Body.
Proofs for the Plaintiff.
Francis Smyth, A. Fol. 70. Inter' 21, 22.
1. That about Ten Years since, Sir Edward Gresham
upon divers Expostulations between him and the Deponent
Smyth, told Smyth, That his Lady had endeavoured many
ways to take away his natural Affection from the Plaintiff,
and to disinherit him of all such Lands as were descendable to the Plaintiff after his Death; some or most of
which, as Sir Edward Gresham affirmed, had but late
before come into his Possession, being Lands intailed to
him and his Heirs Male, after the Death of Sir John
Gresham; at which, and other Times, Sir Edw. told him,
That chiefly, by means of his Lady, he had endeavoured
to prove the Plaintiff an Idiot, but though in vain; and
that his Lady had prevailed with him to forbid the Plaintiff to inhabit, or diet with him in the House, and to lessen
his Exhibition; which, he said, was something against
his Conscience, and troubled him much; but could not help it, in regard his Wife had sworn, That, if he permitted the Plaintiff to live and diet at his House, she
would refrain his Bed, or to such Effect.
Francis Smyth, A. Fol. 70. In' 26, 27.
2. That Sir Edward Gresham told Smyth, That his
Lady had prevailed with him to send the Plaintiff beyond
the Seas to some remote obscure Place; saying, The
Plaintiff was such an Eye-sore, after she had Issue by
Sir Edward, as that the Plaintiff's Presence bred such
Discontentment between them, that he would have done
it, if he could conveniently, or else he could have no
Content at home; and believes, and partly knows, the
Plaintiff was necessitated to take up Monies at unconscionable Rates.
To the First,
John Kirton, B. Fol. 118. Int' 22.
That, by the Persuasions of the Lady Gresham, the
Plaintiff was not permitted to sit at Table with his Father,
but eat his Meat in the Kitchen with his Servants; and
would rather, many times, eat a Meal's Meat at some
poor Neighbour's House, than come to his Father's
House for it.
George Atwood, A. Fol. 31. Inter' 26, 27.
Believes, that when she could not prove the Plaintiff
an Idiot, she did contract with his Father to send him to
the Barbadoes; and, about which Time, the Plaintiff came
privately to his Grandmother, and discovered it to her;
and the Plaintiff seemed rather willing to be a Servant,
than to go beyond Sea; and went privately to London,
and tendered his Service to the Lady Willoughby, and
Lady Bridges, as the Deponent was informed; and could
not for a good while be found: And the Lady Gresham,
being disappointed in her Expectation, as it seemed, so
prevailed with Sir Edward, that the Plaintiff could get no
Maintenance; whereby he hath been enforced to take
Monies at the worst hand: The Deponent, and others,
in Pity, lent him Monies.
To the Second,
John Kirton, B. Fol. 118. Inter' 28.
The Plaintiff, having so little Welcome to his Father's
House, by means of his Mother, as aforesaid, did, as he
believes, to relieve himself, for Seven or Eight Years before his Father's Death, take up Monies and Commodities at the worst hand.
Robert Brooker, B. Fol. 15. Inter' 27.
That true it is, That the said Defendant Dame Mary
Gresham, when she failed in her Expectation to send the
said Plaintiff beyond the Seas, did so far prevail with the
said Plaintiff's Father, as he the said Plaintiff could never
receive any Means (that this Deponent could learn) from
his said Father, whereby to subsist: And he knoweth,
that the Plaintiff was necessitated to borrow and take up
Monies and Commodities at the worst hand, to relieve
himself in his present Necessities; the said Dame Mary
Gresham, his Mother-in-Law, being (as it appeared) his
very great Enemy; seeking to throw him the Plaintiff
down, that so she might advance her own Son: And saith,
That he, and others, did send the Plaintiff Monies, even
out of Pity, to relieve him in his Necessities.
Proofs for the Desendant.
Thomas Weaver C. Fol. 83. Inter.' 33.
That Sir Edward Gresham did, as a tender and loving
Father, bestow free and liberal Breeding upon the Plaintiff
when he was young, and at School, at Eaton College,
and after at Oxford, and had special Tutors, and good
Provision made for him there, and as liberal as any young
Gentleman had; yet, when he came to Years of Discretion, he became very debauched, unthristy, disobedient,
and stubborn to his Father, both in Word and Deed,
whereby Sir Edward Gresham was much troubled; and
would often say, he would settle something upon him for
his Maintenance, but would never settle his Estate upon
him; for, if he should, he would piss it out against the
Wall: And the Plaintiff continued in his said Courses
till the Time of the Death of his Father.
That, for any thing the Deponents could ever perceive
to the contrary, the Plaintiff's Mother did use and carry
herself lovingly and tenderly to him, in the Life-time of
his Father, as a Mother could do towards a Child, being
ready, upon all Occasions, to excuse his Errors and Failings to Sir Edward, and used him in an equal way of Respect with her own Son; and yet he carried himself very
rudely, debauchedly, and disobediently to her and his Father; and gave his Father Cause to disinherit him: And
believe, That the Plaintiff, before this Time, would have
made away with every of his Father's Lands, if it had
been in his Power, and never a Peny the better for it.
That the Plaintiff's Intermarriage was without and
against the Consent of his Father, Sir John his Uncle, and
other Friends, which were much grieved thereat: And
thereupon Sir Edward desired to alter former Deeds, and
to settle his Estate on the Defendant Marmaduke: And
all the Deponents say, They could never understand the
Plaintiff had any Fortune with her.
Richard Howard, C. Fol. 94. Int' 33.
To the same Effect: And that he would sell his Cloaths,
and borrow, to get Money of any to drink; and heard
Sir Edward say, That he knew not what to do with him;
and that he should not have of his Lands.
Ar. Dawson, C. Fol. 100. Inter' 33.
To the same Effect: And that he would sell his Gown
and Books, and Cloaths off his Back, and would do any
thing for Money to drink; and hath heard Sir Edward,
weeping, say, That he must be forced to disinherit him,
for the deboist Courses of his.
Bryan Mills, C. Fol. 1. Int' 33.
To the same Effect: And that he would never, by his
good Will, lie out of an Alehouse, insomuch as he hath
seen Sir Edward weep for Grief to his very Death; and
would say, The Plaintiff should never have any of his
Lands: And the Plaintiff counterfeited a Letter, and his
Father's Hand, to a Tenant, for a considerable Sum of
Henry Jorden, C. Fol. 64. Inter' 33.
To the same Effect: And that he hath heard Sir Edward say, The Plaintiff should never have any of his
Lands, except Eaton-Bridge, which came by his Grandmother.
William Warham, C. Fol. 11. Int' 33.
To the same Effect: And that . . . Edward said, The
Plaintiff should never have any of his Lands, but only
such Maintenance as he had settled on him, and which
the Plaintiff could not sell.
Thomas Knight, C. Fol. 43. Int' 33.
Hath seen Sir Edward weeping, when he hath spoken
of the Plaintiff: Having, for a Trifle, sold the Reversion
of Lands to Doctor Hinton; and the Plaintiff, afterwards,
causing Sir Edward to question . . . Business, and to sue
Hinton; the Plaintiff afterwards subscribed a Writing to
the contrary; whereby, at the Hearing, he put a Shame
to his Father.
Arnold Dawson, C. Fol. 100. Int' 53.
Richard Hayward, C. Fol. 99. Int' 53.
To the same Effect: And that she had Thoughts of
Love and good Affection towards the Plaintiff; and, as
he understood, would have bestowed one of her Daughters upon him, if he would have been ruled.
Bryan Mills, C. Fol. 1. Int' 34.
Tho. Weaver, C. Fol. 83. Int' 34.
Henry Jorden, C. Fol. 64. Int' 34.
The humble Petition of John Warner, Administrator
of Edward Cannings, Richard Eborne, and above Sixty
other poor Creditors of Thomas Gresham Esquire, deceased, was this Day read.
The humble Petition of Jane Gresham an Infant, sole
Daughter and Heir of Thomas Gresham Esquire, deceased,
(eldest Son and Heir of Sir Edward Gresham, deceased)
by Margarett her Mother and Guardian; and of the said
Margarett, on her own Behalf, was this Day read.
Resolved, That the House doth agree with this Committee, That this Decree is Erroneous, and ought to be
Resolved, That the Decree in Chancery, between Thomas Gresham Esquire, Plaintiff, and Marmaduke Gresham, and others, Defendants, and all Proceedings thereupon, be vacated and cancelled: And that the Lords
Commissioners for the Great Seal be authorized and required forthwith to see the same done, accordingly.
Resolved, That these Words be added to the former
Vote; viz. "And the Parliament doth adjudge the same,
And some other Amendments being added to the
Question; It was
Resolved, upon the Question; and the Parliament doth
adjudge and declare, That the Decree in Chancery, between Thomas Gresham Esquire, Plaintiff, and Marmadake Gresham, and others, Defendants, is Erroneous:
And that the same, and all Proceedings thereupon, be
vacated and cancelled: And that the Lords Commissioners for the Great Seal be authorized and required
forthwith to see the same done, accordingly.
The humble Petition of the Makers of Allom within
this Commonwealth, Thomas Fairfax, Nicholas Crispe,
William Cholmley, was read.
Ordered, That this Petition be referred to the Grand
Committee touching the Excise.
Union with Ireland.
Resolved, That the House be resolved into a Grand
Committee for the Union of Ireland, at Ten of Clock on
Monday Morning next: And that, after that Bill is determined, that the Grand Committee for the Union of Scotland do sit.
Ordered, That the Amendments to the Bill touching
Recusants be reported on Tuesday next, at Ten of the
Ordered, That the Bill touching Tythes be read the
First time on Monday Morning next.