THE CASE OF Mary Walwyn, Widow of John Walwyn Esq Petitioner against the Right Honourable Charles Earl of Monmouth. JOHN Walwyn Esq the Petitioners Husband being but Tenant for life of an Estate of 400 l. per annum in the County of Hereford and having by the Petitioner two Sons both Lunatics or Idiots, in whom the Inheritance of the said Estate was; and having two Daughters unprovided for, he being indebted and weak in Body, considering the sad condition of his said Family, and being not able to make any Jointure or Provision for his Wife and young Children, or payments of his Debts after his decease he out of a prudential care to prevent his Sons falling into the hands of Strangers, and the better to secure his Creditors the Payment of their respective Debts did in his life time, viz. 26. June 1684. obtain a Patent to the Petitioners Mr. Serg. Gears, and Robert Dobyns Esq for the Custody of the Persons and Estates of his said Sons, the better to enable the Petitioner after his death to pay his Debts; and to make some Provision for herself, and other Children out of the Remainder of the Profits of the said Estate; which said Patent was afterwards renewed by the same Patentees, in the Reign of the late King James, but being made only during pleasure, it became void by the Demise of the said late King James: Whereupon one of the said Sons being then dead, the same Patentees obtained a new Order from the Lords Commissioners of the great Seal, for renewing the said Patent as to the surviving Idiot; but before the Patent was passed, the Right Honourable the Earl of Monmouth, preferred a Petition to the said Lords Commissioners for the Custody to be granted to him; whereupon Council were heard on both sides before the then Lords Commissioners; who, upon due consideration had to your Petitioners own and her Families circumstances, and the value of the Estate, did not think fit to grant the Custody away from the Petitioner; but afterwards the said Earl procured a Warrant from his Majesty for the same to be granted to him the said Earl, and then the Lords Commissioners in obedience to His Majesty's Commands, did 29. Jan. 1689. Order and direct that the Petitioner should have the keeping of the said Son, and that there should be allowed and paid to the Petitioner out of the said Estate, for the maintenance of herself and the said Idiot, and towards the Relief of his said Sisters (which Sisters are both married and have between them 9 small Children) the annual Sum of 200 l. and the Surplusage of the Rents and Profits to be answered and paid to the said Earl of Monmouth; and with these directions the said Lords Commissioners did order a Grant to be passed the great Seal, which Grant passed accordingly durante beneplacito as is usual. But the said Earl, not so contented, did afterwards obtain another Warrant from His Majesty, bearing date on or about 5. Apr. 1690. directed to the said Lords Commissioners for passing another Patent unto his said Lordship, for the said Custody during the life of the Idiot: And the said Lords Commissioners in obedience to His Majesty's Commands did order such Grant should pass, but subject to the aforesaid Order of the 29. Jan. then last passed, which was ordered should stand and be observed in all things, save only as to the duration of the Ideocy. Which second Patent passed the Seal soon after under the Restrictions aforesaid. Tho during the time of the aforesaid Proceedings his Lordship was pleased to promise, in regard the thing was harder on the Family than his Lordship at first apprehended; That he would stop his Proceedings: Notwithstanding his Lordship soon after sent his Agents in to the Country, to gather up the Rents of the said Estate, and not only that, but the Arrears of Rent due before his said Patent, and took no Care for the maintenance of the Petitioner and her said Son and numerous Family, according to the aforesaid Order: By reason of which the Petitioner and the Tenants of the Estate being well advised, refused to deliver up Possession, or to attorn Tenants to him: And thereupon in Trinity Term 1690. petitioned the Lords Commissioners to grant him a Writ of Assistance to put him in Possession of the said Estate. But their Lordships well remembering the Matter so often before them declared; That the Petitioners Case was a Case of very great Compassion, and that the Petitioner should have what was ordered her: And their Lordships appointed a Day to hear all Parties first, which Hearing the said Earl was pleased to decline, as it may be presumed, fearing their Lordships would not grant him what he by violence and force of Arms soon after possessed himself of. And by reason of his Lordship's Peerage, the Petitioner durst not proceed before the said Lords Commissioners, to have a performance of the said Order: And so matters rested till the 11 th'. day of Aug. last passed. On which day the said Earl of Monmouth with a great number of Attendants, in a forcible manner entered the Capital Message of the said Estate called Helen's, in the said County of Hereford, where the Petitioner with her said Son and his Sisters, and their Husbands then lived; and having got into the lower Rooms of the said House, and put the said Sister's Husbands under a Guard, his Lordship the said Earl of Monmouth with the Assistance of other Persons, broke open the two Doors of the Chamber, where the Petitioner and her said Son and his Nurse then were, and seized her said Son, and so from that day being Tuesday till Monday following kept him in the said Chamber under a Guard, and afterwards carried him away, contrary to the said Lords Commissioners Order, upon which his Patent was grounded. After which Surprisal of the said House, the Tenants of the said Estate were sent for by the said Earl of Monmouth, whom he threatened what he would do to them if they did not pay to him the Rents and Arrears, as well due before as since his said Patent: By which means most of them paid his Lordship some Rents and Arrears, out of which he paid the Petitioner only 100 l. whereas there was then due to her above 400 l. for the maintenance of her said Son and Family by virtue of the said Order. Whilst these things were carried on by his Lordship, his Lordship was pleased with one hand to seize the Person of the Petitioners Daughter, with a Pistol in the other hand, commanding her to show to his Lordship the Chamber where the Idiot her Brother was, which she being in extreme fright did do, and for what Reason is best known to his Lordship, likewise kicked with his Foot the Petitioners Sister; and his Lordship being asked by what Authority his Lordship did all these things, he one while told them he had a Writ of Assistance, and that one Pennington was gone for the Sheriff; and at other times told them, that in Case they had given him any Opposition, he would have blown the House up. And now his Lordship having in manner aforesaid gotten Possession of the Petitioners said 〈…〉, Person, and Estate; the Petitioner and her said Family are stripped of all, and cannot go for Relief to any but the Right Honourable 〈◊〉 Lords Spiritual and Temporal in Parliament; From whom the Petitioner implores their Lordship's determination in the Premises, 〈◊〉 the Necessities of herself and Family, which are 2 Daughters and their 10 Children, who must fall under insupportable Pe 〈…〉, without their Lordships think fit to put them into the same Condition in which they were by the Patent of King Charles II. and re 〈…〉 by the late King, for the ends and purposes aforesaid, (viz.) the Payments of the Just Debts of the Petitioners late Husband, and 〈…〉 Provision for a numerous Family.