The Case of Thomas Hawles Esq Humbly presented to the Consideration of the Right Honourable the Lords Spiritual and Temporal in PARLIAMENT assembled. THat the Warren in Alborne Chase in Com. Wiltes, in the times of Rebelling was in a great measure destroyed by the Tenants of Alborne and others, which caused divers Suits between the Earl of Pembroke, and the Tenants of Alborne; but at length an agreement was made, that the Earl should have 571 Acres of Land in lieu of Dudmore and Southwood Walks, which were by that agreement to be diswarrened; and the 571 Acres were set out, and 240 Acres part thereof were set out by Hawles out of part of such Lands as he had purchased of one Doyly, which he did to the end the agreement might not be obstructed; and afterwards Hawles by agreement with the Earl in October 1652. was to ●●●e a Lease of the North-walk in Alborne Chase, and of all the 571 Acres set out and allotted to the Earl in lieu his Warren of Dudmore and Southwood Walks, part of Alborne Chase, which was to be diswarrened to hold to Hawles for 99 years, if three lives should so long live, for 1000 l. Fine, 114 l. and 300 couple of Coneys yearly ●et, which Contract was entered in the Earls Audit Book, etc. That Hawles in pursuance of his Contract made with the Earl, entered upon the premises, and disbursed great ●●ms of money in building and fencing thereupon, and diswarrened Dudmore and Southwood Walks according to the agreement, and enjoyed the same five years and upwards. That afterwards by agreement in November 1656. made between Norden and Hawles in the Earls presence, ●●●den was to have the benefit of Hawles' bargain made with the Earl before set forth, he making Hawles 500 l. a ●●…ar gainer upon his own account, and this to be performed by Norden at Lady-day 1657. and the Earl by Hawles' ●●…sent promised to make a Lease to Norden as he should have done to Hawles, and that Norden was to have no ●●her or further agreement from Hawles, than what Hawles was to have had from the Earl, and that the 240 Acres 〈…〉 d no more of Doyly's Land was set out as part of the 571, and the rest of Doyly's Land was let by Hawles by use to Gilbert at 55 l. per ann. That Norden at Lady-day 1657. paid not the 500 l. yet at Michaelmas 1657. without Hawles' knowledge, pro●●…ed a Lease from the Earl of the whole Warren of Alborne, viz. of Dudmore and Southwood Walks, and also of 〈◊〉 North-walk, and not of the 571 Acres, whereby the first agreement was destroyed, and so Hawles his bargain ●ith Norden defeated, and the Commoners of Alborne by Norden's planting Dudmore and Southwood Walks again ●ith Coneys, which by the first agreement were to be diswarrened, and by Norden's taking a Lease of the Warren ●●…ly, the Contract as to the whole is voided and destroyed, and this was done by Norden out of a design to out 〈…〉 Hawles of his bargain, and to avoid payment of the 500 l. That Norden instead of performing his bargain with Hawles at Lady-day 1657. did in the years 1658, 1659., and 1660. bring in the Names of the Earl and himself, at his own prosecution, against Hawles and his Tenants for ●●oughing up the Warren, 17 several Actions at Law, besides Suits in Chancery, when as Hawles never brought ●●t one Bill in Chancery against the Earl and Norden, which was to have the agreement with the Earl performed 〈…〉 d the Cause came to hearing 17 Maii 13 Car. 2. before the Master of the Rolls, and by consent of Norden and ●●●les decreed, that Norden should make Hawles 500 l. a clear gainer upon his own account; and afterwards Julii following it was re-heard by the Lord Chancellor, assisted with Mr. Justice Twysden and Justice Wyndham ●●d by them confirmed; and since upon a Petition exhibited by Norden to the now Lord Keeper, and upon hearing counsel on both sides, he saw no cause to alter what had been formerly settled. That Norden inveighing the Gilberts, Hawles' Tenants by Lease of that part of Doyly's Land, for which they ●●id him 55 l. per ann. and no part of the 240 Acres set out to the Earl, part of the 571 Acres, procured them to ●●…torn Tenants to him; whereupon Hawles brought an Action against the Gilberts, and recovered Judgement ●●ainst them for 700 l. And the Gilberts by Norden's advice exhibited a Bill against the Earl, Norden, and Hawles. 〈◊〉 Hawles only answered, and the Cause was brought to hearing against him in May 1661. and then and by ●●●sequent Orders decreed, that the Arrears of 55 l. per ann. should be computed and paid to Hawles according 〈◊〉 the Lease, and the Gilberts to pay the Arrears of rent, and to deliver up the Lease and possession of Doyly's Land Hawles; and for not performing the Decree the Gilberts stand committed, but not to be taken because Privileged as Norden's Servants. That Norden exhibited his Cross Bill, pretending that the former agreement was not in Issue in either of the ●●rmer Causes; but upon full hearing and examination that Cause was dismissed, for that the Suit was to draw in ●●estion what had been formerly settled and decreed by consent; and to examine the same Witnesses over again in ●●…e Cross Cause, was of dangerous consequence, and tended to Perjury. That notwithstanding all this, Norden is still in possession of the whole, not only of the Warren Leased by the 〈…〉 l, but of all Hawles Land purchased of Doyly; that is to say, not only of the 240 Acres set out to the Earl in compensation of his Warren, but of the 55 l. per ann. Leased by Hawles to the Gilberts, and Hawles can have no ●roceeding upon the said recoveries against Norden in respect of his Privilege.