The REWARD OF OPPRESSION, TYRANNY and INJUSTICE, Committed by the late Kings and Queens of England, and others; by the unlawful Entry, and unlawful detainer of the duchy 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 honourable his PRIVY COUNSEL; By MARGARET BECK widow 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 child concerning his Title to the lands of the duchy of Lancaster. It hath pleased God, that the power of Justice is now devolved on your Highness, and the most honourable privy Counsel. And you are now the fountain thereof. KIng Ed. 4. and his Counsel, heard the cause of the Masters and poor Brethren of the Hospital of St. Leonard's in York, complaining 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 ploughland in the Counties of York, Westmoreland, 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 parliament, made for them, to give them action in that very case: 2. Hen. Cap▪ 2. That there are many precedents in the like case, where the single person and his privy Counsel heard & determined causes for the poor against oppression She makes bold to offer this to your Highness with confidence, because heretofore you knew her poor Husband, and have pitied his case, and have been a friend to him out of your bounty and goodness. May it pleas your Highness, she is so poor, that she is fain by her Needle to maintain herself and poor Child, hardly. Therefore her humble petition is, that your Highness will be 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 bounty 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 widow and Fatherless will be for your highness' happiness, etc, To the Right honourable the Lord's of his Highness's most honourable Privy Counsel, The humble Petition of Margaret Beck widow Humbly showeth, 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 he was dismissed out of parliament 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 cause 18. E. 1. And in the case of Elizabeth the widow of Nicolas Audley against James Audley concerning her dowry, 4●. E. 3. Also in the case of William Goddard against Hugh Straule for divers manors in the Isle of Tannet, 6. E. 5. Also in the case of Robert Danvers a counsellor against William Brocket a clerk of the Exchequer, 21. H. 6. Another concerning the innocency of the Lord Ralph Cromwell Chamberlain to H. 6. concerning the villainous accusation of one Robert Colindona Priest for suspicion 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 Ferdinando de Sanciago a Spaniard H. 7. with many more precedents in those and other Kings reigns, and in the book of orders by the privy Counscel in the minority of H 6. in the ● Article that all bills terminable at the Common Law, shall be remitted thither, unless the discretion of the Counsel feel too great might on the one party, and unmight on the other, or cause reasonable to move them; and in the 14 article that the Clerk of the Counsel shall be swo●n that each day of sitting he shall call the bills of the poorest suitors to be first read and answered, so near as he can ask and inquire, and the King's sergeant to be sworn to give Counsel without fee to such as shall be accepted upon pain to be discharged of their offices which were the very 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 she may have copy of such records as concern the duchy of Lancaster and that her Counsel and Agent may search for the same without Fees, she being miserably poor; and that those who have entered on the Lands of the said duchy may be summoned to answer to her Bill in the behalf of the Infant: and she 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 dukedom of Lancaster, to the second house of Lancaster in expectancy, which then was Tho. Earl of Dorset, who after the deceas of H. 4. by virtue of the Charter did enter into the dukedom, and did enjoy the same nine years in the reign of H- 5. and six years in the reign 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 Westmoreland 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 only 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 escheated, because he found the Lands of the dukedom of Lancaster in his possession, he kept that also for his better strength and security, and died; who had issue Edward and Richard Infants, murdered in their infancy by Richard 3. who usurped both the Crown and Lands of the dukedom of Lancaster. H. 7. who had been banished, came into England with forces only to claim the Earldom of Richmond, and fought with, and killed R. 3. and took upon him the Crown, and also entered upon the dukedom of Lancaster, taking his precedent from R. 3. E. 4. and H. 6. and 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 dukedom of Lancaster, as heir to his Mother who had been lamentably persecuted, and constrained to fly from place to place, for fear of being burnt for heresy (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; he being an Infant, and at School at Westminster, and in the 3 year of Philip and Mary, Samuel Beck being under nine years of age, was seized by Warrant, and delivered to Rixam a Romish Priest to be bred up in the Romish Religion, (the Queen then pretending love to him being her Kinsman) and he must be carriried away from all his honourable Kindred, and there must be called Heath after his Father in Law's name, hoping by this cheat to defraud the Office, and that he was not that party 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 he came to be capable of the Ministry, Queen Elizabeth gave him two great benefices in Devonshire and Cornwall, with which preferment he contented himself until much importuned by many of his noble Kindred, and especially the than Earl of Worcester, to challenge his right to the dukedom of Lancaster; whereupon he made his application to Queen Elizabeth by Petition, who answered, that the dukedom was cast upon her without her means or procurement, and that she desired to have him advanced to his right and dignity, he being so near allied to her; and ordered, that no more grant of the duchy lands should pass until it was tried in parliament, and also offered him great honour and dignity in the Church of England; but before it was determined in parliament, the Queen died. Then he petitioned King James for a hearing in parliament, 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 until a little before his death, that the King intended to call a parliament; and being fearful that the horrible piece of tyranny would be questioned, he released him, and promised him fair, (as he knew well enough how to dissemble, and called it nothing but kingcraft) but performed nothing during his life. And after his death, it being told, King James, that the Duke of Lancaster was dead, he answered, God have mercy on Charles and his Issue, for he had done the Duke of Lancaster mickle wrong, and that he (meaning Mr Beck) had left a heavy curs behind him; which were King James his own words; for it was Mr Beck's custom when he spoke with the King, to desire God to deal by the King and his, as the King had dealt with him. Shortly after King James died, Then Nevil Beck being in his travels beyond the seas came back to claim his right to the Dukedom of Lancaster of King Charles, 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 he gave him that, it would enable Nevil Beck to make a case of it, and so go to Law with him: whereupon some high words of discontent passed from Nevil Beck in relation to his wrong, that the King in fury caused him to be put out of the Court Gates, and gave order that the Porters should not suffer him to come in at any time after, which caused Nevil Beck to use these words to the King's servants, I do believe I shall live to see him turned out, and that neither he nor his shall have any thing to do with this house, meaning Whitehall. Then Nevil Beck petitioned the Lord's and Commons of the late long parliament to hear his case, who deferred the hearing of it, telling him that he must first get an allowance from the King, who was then at Oxford in open hostlity against the parliament; and unless that were first done they could not give allowance to his Bill, which how impossible that was to be done, let the world judge; and after the King's execution they answered him, that they had pulled down the house of York, and abolished Kingship, and therefore it would be dangerous to set up the house of Lancaster; but issued out to him some small sums at several times, which kept him only from starving, and also forbade the sale of the duchy Lands, and after his death issued out 20 l. to the use of his Son Samuel Beck the Infant by way of acknowledgement▪ The duchy Lands were unfold until the assembly after at Westminster, (who voted themselves a parliament) ordained the sale of the duchy Lands. The answer of his HIGHNESS most honourable privy Counsel, to the Case of Samuel Beck, as followeth. JOhn of Gaunt had the dukedom of Lancaster by his first wife, heir of Henry, Duke of Lancaster. pag. 326. By that first wife he had H. 4. and Philip married 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 Katherine Swinford the third wife, so did Joan Beaufort married to the Earl of Westmoreland, from whom Beck claims 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 Katherine Swinford, who had divers sons himself pag. 992. Joan Beufort, sister of Tho. Beufort of Dorset, was second wife of Ralph Nevil Earl of Westmoreland, and this Earl had a son called Richard Nevil Earl of Salisbury, in right of his wife, and he 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 Pembroke and Montgomery, he had also a ninth son called William Nevil, Lord Falconberg after Earl of Kent, whose three daughters married coiners Strange ways, and Bedbaring, and a tweluth was George Nevil, Lord Latimer (whom the printed paper citys) which Barony his Father purchased with the Lands of Latimer, and bestowed them on his son 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, Arundel, &c. descend from the elder son of Joan Beufort, by marriage with his daughters, and George Latimer was the tweluth son of that eldest son. The reply of Margaret Beck widow, Mother and Guardian to the Infant. IT is true, that John of Gaunt had the Dukedom of Lancaster by his first wife, and that he had H. 4. and two daughters by the first wife as is expressed in the paper. And that Thomas Earl of Dorset, and Joan de Beufart came of the body of Katherine Swinford his third wife. As to pag. 328. the paper faith, it is said that H. 4. united the dukedom of Lancaster to the Crown, which proves nothing, but it will be proved that H. 4. was so far from uniting of it to the Crown, that he made a Charter of the Dukedom, and confirmed it by act of Parl●ment to Thomas de Beufort in expectance after his death, and that after his death Thomas did enter, and did enjoy it all the time of H. 5. and six years in the time of H. 6. and in all that time let Lease, and granted Estates. And for that it was unlikely that H. 4. would pass it to a female, which is no proof; for Beck's case is not that H. 4. passed it to a female, but that Thomas dying without issue, Joan was his next heir at the common Law, And it doth appear by the grants made by H. 4. to Thomas de Beufort, that he esteemed him above all others of his family, for in the grants it is for maintaining his Title to the Crown both at home and abroad, and so might very well trust him to keep up his children's Title to the Crown after his deceas. Also it appears by Record that H. 4. created him Earl of Dorset, and afterwards Duke of Exeter, and after that this grant of the Reversion of the dukedom of Lancaster thereby the more to enable him to maintain his Children's Title to the Crown. It doth not appear that Ralph Nevil had any more Children by Joan de Beufert his second wife, than George Nevil Lord Latimer, and Cicilia, afterwards married to Richard Plantagenet Duke of York, from whom the steward's family descended, but it must needs be, that the Children of Ralph Nevil were of his first wife, otherwise how could it be found in the office after the death of Latimer, and wife of Beck, that her Child was heir to Joan Countess of Westmoreland, and so to Thomas Earl of Dorset, and Duke of Lancaster. All this appeared by the copies of the Records allowed by King James taken out of the Tower, Court of wards, and herald's office, when King James assigned the Child's grandfather Counsel. Notwithstanding all this the mother and guardian of the child do submit to the Lord Protector and his privy Counsel, to deal with her and her poor child as they shall pleas, whereupon the child was sent to Eton college to be bred there at School, to eat the bread given by H. 6. who first intruded on the duchy Lands; but the privy Counsel would not hear any further in the case. OBSERVATIONS. HENRY 6. entered first by intrusion on the duchy Lands of Lancaster after the death of Tho. de Beufort Earl of Dorset, and Duke of Lancaster and Exeter, and was afterwards conquered by E. 4. taken prisoner, and murdered in prison, and so lost the duchy Lands, Crown, and Life: Also E. 4. kept it by wrong all his life, who was wicked in murders, and adultery; he caused his Brother George Duke of Clarence to be drowned in a Butt of Malmsey, his adultery with Jane shore and others, and had wars all his time, with those who took part with the house of Lancaster, his two sons after his death murdered in the Tower by R. 3. The Children are paid for the sins of the Father. R. 3 would not part with it until H. 7. killed him at Bosworth field, where his body was disgracefully drawn to Leicester, and there buried basely. H. 7. entered upon the duchy Lands and sold much of it, and made abundance of money by that and unlawful taxes upon the people, as a most wicked Tyrant, and left it to his son H. 8. who as wickedly spent it as his Father got it, and left E. 6. his son, who died an Instant, and Mary his eldest daughter, who wickedly persecuted her sister Elizabeth. she reigned all her time in a bloody persecution, and died; all three Children of H. 8. reigning successively one after the other, and dying Childless, a curs upon that line. King James entered upon the Lands of the Dukedom left unsold and kept it by oppression, died unnaturally by poison, as hath been apparently proved; and left King Charles, who refused to restore the Lands or give any satisfaction: His end most miserable, arraigned, condemned, and executed at his own door, his wife and Children constrained to live on Alms, in strange Countries: And for the members of the late long parliament, they were disgracefully turned out of that power: And lastly, for the Assembly who called themselves a parliament, broke up themselves in confusion, oppression and injustice, visibly punished in this very case. It is observed by good Historians, that from the body of John of Gaunt Duke of Lancaster have descended lineally one Empress, 32 Christian Kings and Queens, 2 Cardinals, 10 Princes and Princesses, and 49 Dukes and Duchesses, &c. as from another Abraham, whereof this Infant Samuel Beck is the last only heir of that line left in England. The steward's family is also descended from the second house of Lancaster, in expectancy from Joan Countess of Westmoreland, the daughter of John of Gaunt; but their descent is by her youngest daughter the Lady Cecilia, who intermarried with Richard Plantagenet Duke of York, who had E. 4. and R. 3. but Samuel Beck is lineally descended from George the son of John Countess of Westmoreland, who was B●●●her of the whole blood to Cecilia Duchess of York, the issue of the Son, in right of his Mother, is to be answered before the issue of the daughter, which clears the case for Samuel Beck the Inffant. FINIS.