APPENDIX H 739 J. H. Round has printed a grant of Feb. 1645/6,0 recitinjj; that Thomas Windsor {d. 1641) held the Barony to " him and his heirs" and confirming it to Thomas the nephew "and the hcires males of his body." The wording ot the grant shows that the Crown was verv uncertain as to its power to vary the limitation of the Barony. FITZW ALTER Henry RadclifFe, Earl of Sussex and Lord FitzWalter, married, istly, Elizabeth Howard, by whom he had male issue in whom the Earldom and Barony descended to his grandson Robert, who died s.p. legit. 1629, when the Earldom devolved on his cousin and heir male. The above Henry married, 2ndly, Anne Calthorpe, by whom he had (among other issue) a daughter Frances, who married Sir Thomas Mildmay, wht)sc son. Sir Henry Miidmay, petitioned for the Barony in 1641 and again in 1645. Sir Henry's grandson Henry petitioned for the Barony in 1660, and died FITZWALTER Kliiabcth=pHenrv Radclifft, Earl of Susieic ind=pAnne Calthorpe. Lord FitzWalter, J. 1556/7. I I Robert, Earl of Sussex=Bridget. Sir Henry Mildmay, h. gen. to Barony=pEliiabeth. and Lord FitzWalter, I of FitzWalter 1629. Petitioned 1641 d. !.p. legit. 1629. and 1645; </. 1654, Henry Radclifte, 1 n Henry Mildmay, petitioned Benjamin Mildmay, to whom 1660, d. unm. 1661/2. the barony wai allowed 16-0. unmarried 1662, when his brother Benjamin succeeded him. Benjamin's petition was presented to the House of Lords 20 F'eb. 1667/8, in which he stated That Henry Mildmay, Your Petitioner's Broiher, lately deceased, by Petition to Your Majesty, in his Life time, did set forth his Title to the Barony of Fitzwaltcr; and being a Minor most humbly prayed Your Majesty's Protection against the Pretence and Claim of Robert Cheeke, Esquire, to the said Barony, isfc.(^) (') Transcribed from the Signet Office Docket Book, 1644-60. See Peerage Studies, p. 360. C") Lords' Journals, vol. xii, p. 189a. Robert Cheeke's petition was presented to the House 20 Au?. 1660.
