THE CASE IN LAW AND EQUITY OF TRISTRAM WODWARD Esq FOR THE Manors of Tuddington, Harlington, And Tyngrith, and other Lands in the County of Bedford, Reported to the Commissioners of Obstructions, by Mr St Nicklas the Council for the Commonwealth.  
To the Honourable the Commissioners of Parliament, for removing Obstructions in the sale of several Lands and Estates forfeited to the Commonwealth for Treason.  
IN obedience to your several Orders of the 11 of September, 30 of October, and 25 of February 1651. upon the Petition of Tristram Wodward Esquire, who lays claim out of the Estate of Thomas Earl of Cleveland, to the Manors of Tuddington, Harlington and Tyngrith in the County of Bedford:  
I have examined and find,  
That by the copy of an Office taken 35 of Eliz. after the death of Henry late Lord Cheyne, it appeareth that the Manors of Tuddington, Harlington and Tyngrith in the County of Bedford, were the Inheritance of the said Lord Cheyne, by descent 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 Manors, 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 Term 13 of Elizabeth, the said Henry Cheyne, than Sir Henry Cheyne Knight, and Dame Jane his Wife, did suffer a new Recovery of the said Manors 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 assigns for ever absolutely without any Condition.  
And I find 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 join 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 Original appeareth.  
And it is deposed in Chancery, that upon a Reference from the Parliament to Justice Reeve and Justice Foster, the Earl by his Council and Solicitor, did produce the other part of the said Deed of 13 Eliz. which limited the Fee-simple of all the Manors, 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 assigns 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 Original 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 Manors, 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 1● Jacob. whereby the said Lease ended the 16 of April 1644.  
And I find that by Indenture dated the 12 Martij 11 Jacob. made between Thomas Cheyne Cousin 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 enrolled 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 obtaining 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 expressed, hath given, granted, bargained and sold unto the said Tristram Wodward and his heirs, the Manors 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 aught to come unto Thomas Cheyne, as Cousin 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 Cousin 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 Copy of the Original to me likewise appeareth.  
Now the said Thomas Cheyne and Tristram Wodward, as well in consideration of divers sums 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, Cousin of the whole blood to the said Henry Lord Cheyne and to the said Thomas Cheyne, she being descended from the Chains 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 Chains 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 Manors 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 enroled 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 find 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 son, defeazanced for performance of the Covenants of the said Deed of 6 and 11 Jacob. as by the Counterpart of the said defeasance 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 Manor to John Pair, 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 Manor, 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 Manor, 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 join in Fines of the Copy hold Lands of every Manor, to make them Freehold, whereby the Petitioner Claims 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 Manors since the 16 of April 1644. when the Lease to Sir John Crofts, etc. expired.  
And I find 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 Manors after her death, to one Edmund Pooley and Charles Glenham and their heirs, and that shortly after they regranted 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 Council and Solicitors, 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 Chains Office 35 Eliz. nor in the Lady Chains Office 12 Jacob. nor pleaded by the Lady Cheyne in the Exchequer to the respite 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 several Inquisitions, Plead 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. Sergeant Taylor the Earls than Council did confess the said Deeds of 29 Eliz. were proffered to the Jury 12 of Jacob. at the finding of the Lady Chains Office, but then the Jury would not find 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 Original by the said George Becke.  
And I find 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 Demean as a Fee of the Manors 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 Manors of Chalgrave, Harlington, the Rectory of Harlington, the Manor of Tyngrith, and divers Messages, Lands, Tenements, etc. 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 seized 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 parcel 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 thereof in Fee 16 of April than last past 12 Jacob. And I find Thomas Wentworth Knight, Lord Wentworth her Cousin and next heir, as by a Copy of the said Inquisition deposed by George Becke to be a true Copy of the Original appeareth.  
But I find in a Suit depending in Chancery, between the Petitioner his wife and others Plaintiffs, and Thomas Earl of Cleveland and others defendants, upon opening and long debate of the matter 26 Novemb. 5 Carol. in the presence of Council learned on both sides, the Lord Keeper being assisted with the Lord Chief Justice of the upper Bench and M. Justice Crook; his Lordship, and the said Lords the Judges were of opinion and did so declare, that they held it not fit that the said Defendant should show his Evidences, or that he should make any further Answer to the said Bill; and th●t they found no such Consideration expressed in the Plaintiffs Deeds, as was fit for that Court to give any allowance thereof, and therefore did order that the matter be clearly and absolutely dismissed out of the said Court, as by a Copy of the said Order hereunto annexed, deposed by John Willis to be a true Copy of the original Record appeareth.  
And in pursuance of the Order of Jan. 1. 1651. I find it is deposed by Sir John Thorowgood Knight, That about the year One thousand six hundred forty and two, the Petitioner Tristram Wodward came to this Deponents house in St. Jones, and shown a Case formerly drawn up and signed by two or three eminent Lawyers, which did entitle the said Wodward to the Lands of the Earl of Cleveland in Bedfordshire, as descending to him by Title derived from the Lord Cheyne; his Proposition to this Deponent was, that this Deponent would compound with him the said Wodward, for the Manor of Harlington in the County aforesaid, which was mortgaged to the said Deponent by the said Earl, and that he would use this Deponent well in it: This Deponent was apt to embrace the motion, which might free the Manor from all former encumbrances, and give him a Title before the Earl, and therefore he desired that he might have the said Wodwards Title in writing, to advise with his Council upon it, which the said Wodward willingly delivered to this Deponent.  
The Opinion of this Deponents Council was, That M. Wodward had not rightly stated the Case to his Council, because there was nothing more talked of in Westminster Hall, than that supposed Title which had passed the Court of Wards, and other Courts of Judicature.  
And he did believe that if the Right had been on Wodwards side, one Court or other would have relieved him, and therefore dissuaded this Deponent from trusting to his Title or to give him any thing for it.  
M. Wodward coming to receive an Answer, this Deponent told him, that his Council would not advise him to deal with him; M. Wodward then told this Deponent of one M. Smith an able Gent. and a Lawyer of the Middle Temple, who as he said did rightly understand his Title, believed it to be good and intended to deal with him, the said Smith having likewise an Engagement upon the said Earls Estate, and prayed this Deponent to speak with the said Smith.  
This Deponent went to M. Smith, being willing to secure his Debt, and found him strongly possessed with an opinion that M. Wodwards Title was good; and not being able to convince him, this Deponent proposed that we should all three go to M. Hales of Lincoln's Inn, M. Wodward should show him his Evidences, and M. Smith and this Deponent should join in the Fee.  
We did so, M. Hales desired three or four day's time to consider of the business, after which time we repaired to M. Hales, who said, that if such a Deed which he had then in his hands, which this Deponent taketh to be a Counterpart or a Copy of the Deed of Pooley and Glenham, could be proved, which to this Deponents best remembrance was witnessed with seven or eight witnesses, some of them persons of quality, then M. Wodwards Title to the said Lands was nothing worth: then this Deponent asked M. Hales, if the Witnesses were dead how it could be proved? his Answer was, that if it could be proved to be their hands it would be sufficient, with which Answer M. Smith and this Deponent were so well satisfied, that they moved no more in the business, only M. Wodward came afterwards to this Deponent, setting forth his wants and saying, that a very small matter would content him, and this Deponent verily believeth, that much lesss than one hundreds pounds would at that time have bought his Title to the Manor of Harlington, which was mortgaged to this Deponent by the said Earl.  
And at another time meeting with the said M. Wodward, he desired this Deponent that he would not dissuade other men from dealing with him the said Wodward for his Title, or words to that effect.  
And Tristram Wodward Esq deposeth, that Richard Ruffin the father of Eliz. Cheyne, took an Administration after the death of Anne Ruffin his wife, mother of Elizabeth Cheyne and Grandmother of this Deponent; And that the said Richard Ruffin 2 Eliz. did by Fine purchase a Lease for 65 years of divers Lands called Swinford Lease, in which Lease is mentioned to be demised, one hundred Acres of Meadow, and five hundred Acres of Pasture, and one hundred Acres of Wood, together also with the Ferry of Swinford, as by a Copy of the said Aministration and Fine deposed by George Becke Gent. to be true Copies appeareth.  
And this Deponent further saith, That 4 Eliz. there was an Administration taken after the death of the said Richard Ruffian, wherein there is also mentioned divers other Leases of Lands called Great twelve acres, Cloddings, the Free Lands, Wersey, Tiffins, the Mills and Mill Mores, Perts Close, Gloverse Close, Miller's Close, and Lintorne, and about two thousand six hundred Sheep, eighteen Oxen, forty seven Cows, fifty five young Beasts, sixty Horses of all kinds, divers ounces of silver and gilt Plate, and some ready Money, besides Household goods of several sorts, and Corn and Hay in several Reeks and Barns; and that in the foot of the Inventory there appeareth to be Eleven hundred twenty five Pound thirteen Shillings four Pence, due to the Children of Anne Ruffin by her former husband William Seacoll alias Salkell, as by the Inventory under the Seal of the Prerogative Court appeareth, of which Children this Deponents mother was a survivor: And this Deponent further saith, that 14 Eliz. this Deponents Aunt Eliz. Cheyne, married with Thomas Cheyne Esq found heir to the Lord Cheyne by three Inquisitions.  
And that the father of Thomas Cheyne, before the marriage of Elizabeth Cheyne, did Covenant to assure to Eliz. Cheyne in recompense of her Lands, the Manor of Kynburie and impropriate Parsonage of Kynburie, which this Deponent hath heard and doth verily believe, to be of the value of seven or eight hundred Pound per annum: and 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 enrolled 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 Chains 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 entitle 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 several 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 bar Thomas Cheyne, and that the Clerk had entered in the said Dismission, that the Court was satisfied the Earl's 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 dismissed, and in the dismission the Earl did cause the Clerk 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 Notebook, that the Bill was to be dismissed without prejudice, as by the Notes in M. Edward's his Book Register did then and after appear to this Deponent, and is so certified by M. Devonish a Clerk in the Registers Office under his hand.  
And this Deponent further saith, That it appeareth under the hands of Sergeant Rolls, Sergeant Godbolt, Sergeant Atkins afterwards Judges, and Sir Thomas Widdrington and others, subscribed in the year of our Lord 1645. which is deposed in Chancery by John Cook 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 entering by the Clerk 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 aught to be suppressed, and that this Deponent aught to have a Decree against the Deeds to Pool●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 Pheasant did compound with this Deponent for their part of the Lands Mortgaged to them by the Earl of Cleveland.  
And this Deponent further saith, That to this Deponents best remembrance, M. Hales Councillor at Law did advise Sir John Thorowgood to compound with this Deponent for his part of the Lands mortgaged to him by the said Earl, and told this Deponent he would be of Council 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 Mortgage of the Manor of Harlington, and that the said Manor 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 than the ten thousand Pound mentioned in the said Deed, for recompense 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 Precedent of the Council 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 precedent 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 NICKLAS. Novemb. 20. 1651. Copia examinatur, EDWARD noel.   

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 Manors 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 Counsels Report, being not produced in this Cause, Ordered that the further hearing of this Cause be respited until 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 noel.   

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 Nicklas of Council 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 Commonwealth's Title, and then to be safely redelivered to the said M. Penington.  
Copia Examinatur, Edw. noel.   

May 27. 1652. By the Commissioners for removing Obstructions in the Sale of Delinquents Lands and Estates.  
Whereas 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 entitled, An Act for the Sale of several Lands and Estates forfeited to the Commonwealth for Treason, to the Manors 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 Nicklas of Council for the Commonwealth made in this Case being read, and Council 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 Manors of Tuddington, Harlington and Tyngrith be dismissed.  
Copia examinatur, Edward noel.   

That the Act of Parliament for Sale of Delinquents Lands, doth appoint all Just Claims 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 parcels 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 Lady's power was interrupted from making the Lease for 30 years of those parcels, 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 antedated Deeds, made of purpose to bring the Reversion to the Earl of Cleveland the Lady Chains 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 sister's 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, aught 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 Lady's 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 relieved in equity, albeit the Deeds to Pooley and Glemham should fall out to be true Deeds; but those Deeds seem to be false and antedated after the Lady Chains Revocation of her Limitation 35 Eliz. and therefore I also conceive that the Plaintiff ought to be relieved 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 sister's 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 Chains Commissioner would have omitted the proving of them at the finding of the Lord Chains 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, Council-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 bar 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 entering 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 Council-table and in Chancery against the Plaintiff, is unduly done and aught to be suppressed.  
The Lord Cheyne taking the Fee-simple from the Lady Chains heirs, given by the Deed of 6 Eliz. and settling it upon his own heirs by the Deed of 13 Eliz. after the expiration of the Lady Chains Estate, doth clearly show, that he meant his wife should leave the Reversion after 30 years to his heirs and not to her heir, by such a Deed as is pretended to be made by the Lady Cheyne 29 Eliz. to Pooley and Glemham.  
I do not conceive that any of the Fines levied by Earl of any part of the Land, can bar the Plaintiff of his right of Entry within five years after the expiration of the Lease for 30 years by the Statute of 4 Hen. 7. And I think that no Fines at any time can bar the Plaintiffs right in equity, nor his Statute of Forty thousand Pound at the Common Law.  
THO. WIDRINGTON. Julij 28. 1645.  
I am of the same opinion for the Reason's aforesaid.  
HEN. ROLL. Aug. 5. 1645.  
I am of the same opinion.  
JOHN GODBOULD.    

The Question is,  
Whether the Office of 12 Jac. in Mr St Nicklas Report mentioned, that finds the Lady Cheyne to die seized of the Fee-simple of her husband's Lands without finding any Deeds to entitle her, or the Dismission in Chancery of the Bill of Tristram Wodward Esq against the Earl of Cleveland 4 Carol. before an Answer come in, or the Affidavit of Sir John Thorowgood in his own Case in the Report mentioned, or the Depositions of John Cook and Richard Wallop Esquires, who depose in Chancery they did see those Deeds dated 29 Eliz. alleged to be made by the Lady Cheyne to Pooley and Glemham, and the Regrant alleged to be made by Pooley and Glemham to the Lady Cheyne, shown forth by Sergeant Taylor the Earls Council to Justice Reeve and Justice Foster upon a Reference from Parliament 1641. be sufficient proof to prove the Deeds true Deeds and not antedated, without producing or proving the Execution to be sealed and delivered 29 Eliz. the year they bear date, upon pretence to the Commissioners at the hearing of the Cause, that now the Deeds are lost.  
See Sir George Caries book in point of his Reports in Chancery folio 31. Justice Monsons' Case primo Jacob. where a Release was pretended to be lost, and it was deposed it had been seen, but this was not allowed for proof, unless he would swear he had seen it sealed and delivered, for it is not sufficient to say he saw it after it was a Deed, for no Deed is to be allowed unless it be produced, or the execution thereof proved, those are the words in Sir George Caries book of Reports.  
That the Act of Oblivion doth except from pardon, all Persons that shall give in evidence any forged antedated Deed, and therefore it is the safest way to say such Deeds are lost, then to give them in evidence for true Deeds.  
That the said M. Wodward before the hearing of the Cause, did Petition the Committee of Obstructions, to hear and determine the Cause according as to their wisdoms shall seem to stand with equity and good conscience, for that the Petitioner is without all means to go to Law any further being in years, and he and his Children utterly undone by the Earl, which Petition was delivered to every one of the Commissioners of Obstructions that heard the Cause, and after dismissed it without any cause showed in the Dismission, as by the Orders aforesaid appeareth, whereby the Petitioner and his Children are left in a distressed estate, without any means to subsist, and his debts unpaid to divers Persons of quality, of whom he found great love for his integrity and just dealing: And it is humbly submitted to judgement, whether in Conscience the debts of M. Cheyne that married Eliz. Cheyne the heir and Executrix of Richard Ruffin, aught to be paid out of these Manors and Lands, before the debts of the Earl of Cleveland that is a stranger to M. Cheyne, nor paid any thing for the Reversion after the 30 years, being declared by learned Council to be the Vineyard or Lands of M. Cheyne, and Conveyed and Covenanted to be Conveyed to M. Wodward for marriage, and for a recompense for the Lands of Elizabeth Cheyne and her sister's Portions that bought part of the Lands called Swinford Lease.  
FINIS.