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<DATE>2008-05-28</DATE>
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<NAME>John Pas</NAME>
<RESP>MURP</RESP>
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<IDG S="marc" R="UM" ID="B02595">
<STC T="W">C950</STC>
<BIBNO T="oclc">52211917</BIBNO>
<VID>175486</VID>
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<HEAD>THE CASE OF Mary Walwyn, <HI>Widow of</HI> John Walwyn <HI><ABBR>E&s;q</ABBR> Petitioner against the Right Honourable</HI> Charles <HI>Earl of</HI> Monmouth.</HEAD>
<P><HI>JOHN Walwyn</HI> <ABBR>E&s;q</ABBR> the Petitioners Husband being but Tenant for life of an E&s;tate of 400 <HI>l. per annum</HI> in the County of <HI>Hereford</HI> and having by the Petitioner two Sons both Lunaticks or Ideots, in whom the Inheritance of the &s;aid E&s;tate was; and having two Daughters unprovided for, he being indebted and weak in Body, con&s;idering the &s;ad condition of his &s;aid Family, and being not able to make any Joynture or Provi&s;ion for his Wife and young Children, or payments of his Debts after his decea&s;e he out of a pru|dential care to prevent his Sons falling into the hands of Strangers, and the better to &s;ecure his Creditors the Payment of their re&s;pective Debts did in his life time, <HI>viz.</HI> 26. <HI>June</HI> 1684. obtain a Patent to the Petitioners Mr. <HI>Serg. Geeres,</HI> and <HI>Robert Dobyns</HI> <ABBR>E&s;q</ABBR> for the Cu&s;tody of the Per&s;ons and E&s;tates of his &s;aid Sons, the better to enable the Petitioner after his death to pay his Debts; and to make &s;ome Provi|&s;ion for her &s;elf, and other Children out of the Remainder of the Profits of the &s;aid E&s;tate; which &s;aid Patent was afterwards renewed by the &s;ame Patentees, in the Reign of the late King <HI>James,</HI> but being made only during plea&s;ure, it became void by the Demi&s;e of the &s;aid late King <HI>James:</HI> Whereupon one of the &s;aid Sons being then dead, the &s;ame Patentees obtained a new Order from the Lords Com|mi&s;&s;ioners of the great Seal, for renewing the &s;aid Patent as to the &s;urviving Ideot; but before the Patent was pa&s;&s;ed, the Right Hono|rable the Earl of <HI>Monmouth,</HI> preferred a Petition to the &s;aid Lords Commi&s;&s;ioners for the Cu&s;tody to be granted to him; whereupon Council were heard on both &s;ides before the then Lords Commi&s;&s;ioners; who, upon due con&s;ideration had to your Petitioners own and her Families circum&s;tances, and the value of the E&s;tate, did not think fit to grant the Cu&s;tody away from the Petitioner; but afterwards the &s;aid Earl procured a Warrant from his Maje&s;ty for the &s;ame to be granted to him the &s;aid Earl, and then the Lords Commi&s;&s;ioners in obedience to His Maje&s;ties Commands, did 29. <HI>Jan.</HI> 1689. Order and direct that the Petitioner &s;hould have the keeping of the &s;aid Son, and that there &s;hould be allowed and paid to the Petitioner out of the &s;aid E&s;tate, for the maintenance of her Self and the &s;aid Ideot, and towards the Relief of his &s;aid Si&s;ters (which Si&s;ters are both married and have between them 9 &s;mall Children) the annual Summ of 200 <HI>l.</HI> and the Surplu&s;age of the Rents and Profits to be an&s;wer'd and paid to the &s;aid Earl of <HI>Monmouth;</HI> and with the&s;e directions the &s;aid Lords Commi&s;&s;ioners did order a Grant to be pa&s;&s;ed the great Seal, which Grant pa&s;&s;ed accordingly <HI>durante beneplacito</HI> as is u&s;ual. But the &s;aid Earl, not &s;o contented, did afterwards obtain another Warrant from His Maje&s;ty, bearing date on or about 5. <HI>Apr.</HI> 1690. directed to the &s;aid Lords Commi&s;&s;ioners for pa&s;&s;ing another Patent unto his &s;aid Lord&s;hip, for the &s;aid Cu&s;tody during the life of the Ideot: And the &s;aid Lords Commi&s;&s;ioners in obedience to His Maje&s;ties Commands did order &s;uch Grant &s;hould pa&s;s, but &s;ubject to the afore&s;aid Order of the 29. <HI>Jan.</HI> then la&s;t pa&s;t, which was ordered &s;hould &s;tand and be ob&s;erved in all things, &s;ave only as to the duration of the Ideocy. Which &s;econd Patent pa&s;&s;ed the Seal &s;oon after under the Re&s;trictions afore&s;aid.</P>
<P>Tho during the time of the afore&s;aid Proceedings his Lord&s;hip was plea&s;ed to promi&s;e, in regard the thing was harder on the Family than his Lord&s;hip at fir&s;t apprehended; That he would &s;top his Proceedings: Notwith&s;tanding his Lord&s;hip &s;oon after &s;ent his Agents in to the Country, to gather up the Rents of the &s;aid E&s;tate, and not only that, but the Arrears of Rent due before his &s;aid Patent, and took no Care for the maintenance of the Petitioner and her &s;aid Son and numerous Family, according to the afore&s;aid Order: By rea&s;on of which the Petitioner and the Tenants of the E&s;tate being well advi&s;ed, refu&s;ed to deliver up Po&s;&s;e&s;&s;ion, or to attorn Tenants to him: And thereupon in <HI>Trinity</HI> Term 1690. petition'd the Lords Commi&s;&s;ioners to grant him a Writ of A&s;&s;i&s;tance to put him in Po&s;&s;e&s;&s;ion of the &s;aid E&s;tate. But their Lord&s;hips well remembring the Matter &s;o often before them declared; That the Petitioners Ca&s;e was a Ca&s;e of very great Compa&s;&s;ion, and that the Petitioner &s;hould have what was ordered her: And their Lord&s;hips appointed a Day to hear all Parties fir&s;t, which Hearing the &s;aid Earl was plea&s;ed to decline, as it may be pre&s;umed, fearing their Lord&s;hips would not grant him what he by violence and force of Arms &s;oon after po&s;&s;e&s;&s;ed him&s;elf of. And by rea&s;on of his Lord&s;hips Peerage, the Petitioner dur&s;t not proceed before the &s;aid Lords Commi&s;&s;ioners, to have a performance of the &s;aid Order: And &s;o matters re&s;ted till the 11 th. day of <HI>Aug.</HI> la&s;t pa&s;t. On which day the &s;aid Earl of <HI>Monmouth</HI> with a great number of Attendants, in a forcible manner entred the Capital Me&s;&s;uage of the &s;aid E&s;tate called <HI>Hellens,</HI> in the &s;aid County of <HI>Hereford,</HI> where the Petitioner with her &s;aid Son and his Si&s;ters, and their Hu&s;|bands then lived; and having got into the lower Rooms of the &s;aid Hou&s;e, and put the &s;aid Si&s;ters Husbands under a Guard, his Lord|&s;hip the &s;aid Earl of <HI>Monmouth</HI> with the A&s;&s;i&s;tance of other Per&s;ons, broke open the two Doors of the Chamber, where the Petitioner and her &s;aid Son and his Nur&s;e then were, and &s;eized her &s;aid Son, and &s;o from that day being <HI>Tue&s;day</HI> till <HI>Monday</HI> following kept him in the &s;aid Chamber under a Guard, and afterwards carried him away, contrary to the &s;aid Lords Commi&s;&s;ioners Order, upon which his Patent was grounded. After which Surpri&s;al of the &s;aid Hou&s;e, the Tenants of the &s;aid E&s;tate were &s;ent for by the &s;aid Earl of <HI>Mon|mouth,</HI> whom he threatned what he would do to them if they did not pay to him the Rents and Arrears, as well due before as &s;ince his &s;aid Patent: By which means mo&s;t of them paid his Lord&s;hip &s;ome Rents and Arrears, out of which he paid the Petitioner only 100 <HI>l.</HI> whereas there was then due to her above 400 <HI>l.</HI> for the maintenance of her &s;aid Son and Family by vertue of the &s;aid Order.</P>
<P>Whil&s;t the&s;e things were carried on by his Lord&s;hip, his Lord&s;hip was plea&s;ed with one hand to &s;eize the Per&s;on of the Petitioners Daughter, with a Pi&s;tol in the other hand, commanding her to &s;hew to his Lord&s;hip the Chamber where the Ideot her Brother was, which &s;he being in extreme fright did do, and for what Rea&s;on is be&s;t known to his Lord&s;hip, likewi&s;e kick'd with his Foot the Petitioners Si&s;ter; and his Lord&s;hip being asked by what Authority his Lord&s;hip did all the&s;e things, he one while told them he had a VVrit of A&s;&s;i&s;tance, and that one <HI>Pennington</HI> was gone for the Sheriff; and at other times told them, that in Ca&s;e they had given him any Oppo|&s;ition, he would have blown the Hou&s;e up. And now his Lord&s;hip having in manner afore&s;aid gotten Po&s;&s;e&s;&s;ion of the Petitioners &s;aid <GAP DESC="illegible" EXTENT="1 span">, Per&s;on, and E&s;tate; the Petitioner and her &s;aid Family are &s;tript of all, and cannot go for Relief to any but the Right Honorable <GAP DESC="illegible" EXTENT="1 word"> Lords Spiritual and Temporal in Parliament; From whom the Petitioner implores their Lord&s;hips determination in the Premi&s;&s;es, <GAP DESC="illegible" EXTENT="1 word"> the Nece&s;&s;ities of her Self and Family, which are 2 Daughters and their 10 Children, who mu&s;t fall under in&s;upportable Pe|<GAP DESC="illegible" EXTENT="1 span">, without their Lord&s;hips think fit to put them into the &s;ame Condition in which they were by the Patent of King <HI>Charles</HI> II. and re|<GAP DESC="illegible" EXTENT="1 span"> by the late King, for the ends and purpo&s;es afore&s;aid, <HI>(viz.)</HI> the Payments of the Ju&s;t Debts of the Petitioners late Husband, and <GAP DESC="illegible" EXTENT="1 span"> Provi&s;ion for a numerous Family.</P>
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