Vol 3 - Lackham Countryside Centre

The Manor of Lackham Vol 3 : The Montagu family
Henry Montagu and that James had agreed that he would not take
advantage of the deed and had refused to deliver up the deed to Edward.
In 1654 James issued a petition to the supreme authority of Parliament of
the Commonwealth of England' asking for ‘relief from vexatious suits to
which he was, as he alleged, subjected by the earl’. Reference is made in
James’ petition to “'that most destructive statute to your petitioner anno
32 h 8” 189 . Why this statute was unhelpful to James is unclear as it would
seem to be the act that allowed Henry to give land to anyone other than
Edward 190 . At the foot of the petition is a note by Lisle Long, which says
that it is “his higness' pleasure 191 that the earl should be made acquainted
with the petition and desired to return what answer thereunto he judges
meet within some convenient time” 192 . The answer given, and the result of
the petition, is unknown.
It is possible, although not certain, that the problem late in James’ life –
in 1664, only a year before his death – are related to this dispute, but
again this is unclear. Whether it was or not, in 1664 James was detained
in the King’s Bench prison. It is not certain why he was there; he seemed
to think that it was to do with an allegation that he would not live with his
189 Chronological Table and Index of the statutes 3rd ed 1874 p46 32 hen 8 1540 c1
Wills
190 http://en.wikipedia.org/wiki/Statute_of_Wills
The Statute of Wills (32 Hen. 8, c. 1 - enacted in 1540) was an Act of the Parliament of
England. It made it possible, for the first time in English history, for landholders to
determine who would inherit their land upon their death by permitting bequest by will.
Prior to the enactment of this statute, land could be passed by descent only if and when
the landholder had competent living relatives who survived him, and it was subject to
the harsh rules of primogeniture. When a landholder died without any living relatives,
his land would escheat to the Crown. The statute was something of a political
compromise between Henry VIII and English landowners, who were growing increasingly
frustrated with primogeniture and royal control of land.
191 Note that, as this was in 1654, “his highness’ “ was the Lord Protector, Oliver
Cromwell
192 Huntingdon archives 2091/625
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