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<ETS>
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<DATE>2008-11-02</DATE>
<RESPSTMT>
<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B080921.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B01653">
<STC T="W">B2884A</STC>
<BIBNO T="oclc">51617761</BIBNO>
<VID>175144</VID>
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<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB REF="1" MS="y"><!-- PDF PAGE 3 -->
<HEAD>TO THE RIGHT HONOURABLE, The high Court of PARLIAMENT of the COMMON-WEALTH of <HI>ENGLAND.</HI></HEAD>
<HEAD TYPE="sub">The humble Petition of <HI>Iames Biddlecombe.</HI></HEAD>
<OPENER>HUMBLY SHEWETH:</OPENER>
<P>_THAT <HI>John Cifrewe&s;t,</HI> Gent. was lawfully &s;eized in his Deme&s;ne, as of Fee, of, and in the Mannor of <HI>Moore|chrichell,</HI> and of, and in the Advow&s;on of the Pari&s;h Church of <HI>Moorechrichell</HI> afore&s;aid, in the County of <HI>Dorcet,</HI> and the Premi&s;es afterward de&s;cended, and lawfully came to <HI>Dorothy Morgan,</HI> wife of <HI>Gregory Mor|gan,</HI> Gent.</P>
<P>That the &s;aid <HI>Dorothy</HI> and <HI>Gregory Morgan,</HI> by the advice of Sir <HI>Robert Napper,</HI> Knight, for the preven|tion of the &s;ale thereof, the &s;aid <HI>Gregory</HI> being profu&s;e, and an ill Husband, about Michaelmas Tearme, in the foure and thirtieth yeare of the raigne of Queene <HI>Elizabeth</HI> did levy a Fine thereof to the &s;aid Sir <HI>Ro|bert Knapper, John Fitzjames,</HI> and <HI>John Coward,</HI> Gent. in tru&s;t, to, and for the u&s;e of the Cognizers and their Heires.</P>
<P>That the &s;aid Sir <HI>Robert Knapper</HI> having obtained the Fine afore&s;aid to be levied, did &s;ubtilly advi&s;e and procure the &s;aid <HI>Gregory Morgan</HI> and <HI>Dorothy</HI> by Deed, to limit the u&s;e of the &s;aid Fine to the &s;aid Sir <HI>Robert Fitzjames,</HI> and <HI>Coward,</HI> and thei<GAP DESC="illegible" REASON="damage" EXTENT="1 letter"> Heirs, with a <HI>Provi&s;o</HI> therein, that upon the tender of a paire of Gloves of &s;ix pence, to Sir <HI>Robert Napper</HI> by the &s;aid <HI>Dorothy,</HI> and declaring any new u&s;e, the Fine &s;hould be to the u&s;e of &s;uch per&s;ons, and in &s;uch manner, as &s;hould be &s;o newly limited.</P>
<P>That notwith&s;tanding the &s;aid Sir <HI>Robert Napper</HI> did well know of the &s;aid Fine and Deed was levied, and made only in tru&s;t, yet intending thereby to obtaine the premi&s;&s;es to him&s;elfe, upon the deaths of the &s;aid <HI>Gregory</HI> and <HI>Dorothy,</HI> refu&s;ed to grant the premi&s;|&s;es to <HI>John Biddlecomb,</HI> your Petitioners Grandfather, who was next Heire to the &s;aid <HI>Dorothy,</HI> but entred and po&s;&s;e&s;&s;ed him&s;elfe of the &s;ame, as though there had beene no tru&s;t in him repo&s;ed by the &s;aid Cognizers, although there was never any con&s;ideration paid by the &s;aid Sir <HI>Robert Napper</HI> for the &s;ame, and although the &s;aid <HI>Dorothy</HI> was ever untill her death reputed owner of the pre|mi&s;&s;es.</P>
<P>That to intitle him&s;elfe wholy in Law to the Premi&s;&s;es, the &s;aid <HI>Coward</HI> being dead for 700 l. given by him to <HI>Fitzjames,</HI> pro|cures <HI>Fitzjames</HI> to relea&s;e to him the &s;aid Sir <HI>Robert Napper</HI> all his right and claime in the Premi&s;&s;es.</P>
<P>That he having now by &s;ubtilty obtained his ends, he &s;till refu&s;ed to grant the Premi&s;&s;es to your Petitioners Grandfather, and to be relieved in Equity, your Petitioners &s;aid Grandfather preferr'd his Bill in Chancery, and thereupon by the power and procure|ment of the &s;aid Sir <HI>Robert Napper,</HI> it was decreed in <HI>May,</HI> the fir&s;t yeare of the late Maje&s;ty King <HI>James</HI> (although much equity is expre&s;&s;ed in the Decree it &s;elfe for your Petitioners Grandfather and although no &s;ufficient ground is therein &s;et forth to warrant a Di&s;mi&s;&s;ion) that the Plaintiffs Bill &s;hould be di&s;mi&s;t, and that the Plaintiffe &s;hould have 200 l. onely from Mr. <HI>Fitzjames</HI> out of the 700 l. which Mr. <HI>Fitzjames</HI> had received for his relea&s;e afore&s;aid.</P>
<P>That the &s;aid Sir <HI>Robert Napper</HI> being a powerfull man, and your Petitioners Grandfather being much weakened in his E&s;tate, by rea&s;on of the &s;aid Suit, and not longer able to &s;trive with them in his life time, your Petitioners Grandfather never as yet received the 200 l. or had any con&s;ideration for the &s;aid Premi&s;&s;es, but &s;hortly after died.</P>
<P>That after his death, your poore Petitioners Father was di&s;abled to pro&s;ecute his right yet occa&s;ioned your Petitioners Father through griefe, to fall into a lunacy and di&s;traction of minde, which he continued untill his death, &s;o that he was uncapable in his life time to pro&s;ecute his right, by means thereof, and having no friends that dur&s;t take upon them to que&s;tion your Petitioners fathers right, being awed by the power of the &s;aid Sir <HI>Robert Napper,</HI> and <HI>Nathaniel Napper</HI> his Sonne, and Sir <HI>Gerard Napper</HI> his Son, and Sir <HI>Gerard Napper</HI> hath &s;ucce&s;&s;ively kept, and injoyed from your Petitioner the &s;aid Mannor and Premi&s;es, and the &s;aid Sir <HI>Gerard Napper</HI> doth mo&s;t uncon&s;cionably keepe and injoy the &s;ame, and refu&s;eth to grant the Premi&s;&s;es to your Petitioner, accor|ding to the tru&s;t in the &s;aid Sir <HI>Robert Napper</HI> repo&s;ed by the &s;aid <HI>Gregory Morgan,</HI> and <HI>Dorothy.</HI></P>
<P>Now fora&s;much as the &s;aid Fine was levied, and the &s;aid Deed of u&s;es made to the &s;aid Sir <HI>Robert Napper</HI> the &s;aid <HI>Fitzjames</HI> and <HI>Coward,</HI> but onely in tru&s;t, and for that it appeareth by Sir <HI>Roberts</HI> owne An&s;wer in the &s;aid &s;uit, that he never gave any con&s;idera|tion, as purcha&s;e money, for the Premi&s;&s;es, but that he only lent her, or laid out for her 400 l. which cannot be any valuable con&s;i|deration, the Premi&s;es being at lea&s;t 500 l. <HI>per annum.</HI> And for that &s;ome &s;hort time before the &s;aid <HI>Dorothy's</HI> death, when &s;he would have tendred a paire of Gloves to the &s;aid Sir <HI>Robert Napper</HI> to revoke the &s;aid Deed of u&s;es, the &s;aid Sir <HI>Robert Napper</HI> was in <HI>Ireland,</HI> and there continued till her death, and for that by the &s;aid Decree it &s;elfe much equity doth appeare for your Pe|titioners Grandfather, yet his Bill was unju&s;tly di&s;mi&s;t, onely allowing him 200 l. And fora&s;much as the &s;aid Sir <HI>Gerard Napper</HI> hath gotten into his cu&s;tody all the Evidences concerning the Premi&s;es, &s;o that your Petitioner cannot evidence his right. And fora&s;|much as your Petitioners Grandfather was awed by the power of the &s;aid Sir <HI>Robert Napper,</HI> and weakened in his ability to re&s;i&s;t them, or to &s;eek further reliefe for his ju&s;t right. And for that your poore Petitioners Father, by rea&s;on of his infirmity afore&s;aid, was di&s;abled to &s;eek reliefe in life, &s;o that by occurrence of time, and by the potency of Sir <HI>Gerard Napper,</HI> and the Poverty of your Petitioner, your Petitioner is altogether hopele&s;&s;e to recover his right in any other way but by the Clemency of your Honours.</P>
<P REND="italic">Your poore Petitioner therefore humbly be&s;eeches your Honours to take his mi&s;erable e&s;tate into con&s;ideration, and to call the &s;aid Sir <HI>Gerard Napper</HI> before your Honours, and to compell him to bring into this Hou&s;e all the Deeds and Evidences of the Mannor and Premi&s;&s;es, that thereby your Petitioner may have your Honours cleare evidence of his right, and that your Honours would be plea&s;ed to take &s;uch &s;peedy cour&s;e for your Petitioners reliefe in all and &s;ingular the Premi&s;&s;es, as to your grave Wi&s;domes &s;hall &s;eem mo&s;t meet.</P>
<CLOSER><SIGNED>And your poore Petitioner &s;hall ever pray, &amp;c.</SIGNED></CLOSER>
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