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<DATE>6-23-14</DATE>
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<NAME>John Latta</NAME>
<RESP>MURP</RESP>
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<VID>167921</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>The Copy of a PETITION Pre&s;ented to his Highne&s;s the LORD PROTECTOR, BY BASSETT JONES of Lanmihangel in the County of Glamorgan, <HI>Again&s;t</HI> Colonel <HI>Philip Jones,</HI> one of his Highne&s;s Council. With <HI>His Highne&s;s Gracious Order thereupon; The &s;aid Colonel</HI>'s <HI>An&s;wer, and The Reply of the &s;aid</HI> Ba&s;&s;ett.</P>
<P>To which, by way of an Apendix, are added &s;uch Papers as were made u&s;e of in the Cau&s;e which any way tend to the clearing of the Truth thereof.</P>
<Q><P>Quod licet vile e&s;t, &amp; animus errore Lentus injurias diligit.</P>
<BIBL><HI>Petron. Arb.</HI></BIBL></Q>
<P>Printed in the Year, 1654.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<P>THe Letters and Figures in the Margent are for Directi|ons, to the place and Page of proof for that a&s;&s;ertion, Noted [*.] The annexed being true Copies of tho&s;e Originals which the <HI>Petitioner</HI> &s;hall produce upon demand.</P>
<CLOSER><SIGNED>Ba. Jones.</SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="petition">
<PB N="1" REF="2">
<OPENER><SALUTE>To his Highne&s;s OLIVER LORD PROTECTOR,</SALUTE></OPENER>
<HEAD>The Humble Petition of <HI>Ba&s;&s;et Jones,</HI> in the behalf of his oppre&s;&s;ed Father.</HEAD>
<P><HI>Sheweth,</HI></P>
<P>_THat under&s;tanding by your Secretary, how Col. <HI>Philip Jones</HI> affirmeth he took no other cour&s;e with your Petitioners Father, than other Purcha&s;ers u&s;ually did to recover their own; Your Petitioner is nece&s;&s;itated to this &s;econd addre&s;s; Humbly offering to undergo the extreame&s;t of puni&s;hments, if he cannot Demon&s;trate to your Highne&s;s, that Col. <HI>Jones</HI> having purcha&s;ed but<NOTE N="*" PLACE="marg">Fol. <HI>10. B.</HI></NOTE> the re&s;erved Rent hath &s;wept away the po&s;&s;e&s;&s;ion of the whole. By weapons, &s;uch as your Petitioner humbly conceives, the con&s;ciences of ordinary pur|cha&s;ors to be unacquainted with the u&s;e of, <HI>viz.</HI>
<LIST>
<ITEM>His own breach of promi&s;e<NOTE PLACE="marg">B. 11. <HI>and</HI> A. 12.</NOTE></ITEM>
<ITEM>The fallacious Oath of his Officer, <HI>&amp;</HI><NOTE PLACE="marg">B. 16. <HI>and</HI> A. 15.</NOTE></ITEM>
<ITEM>The lawle&s;s force of his Souldiery.<NOTE PLACE="marg">A. 19.</NOTE></ITEM>
</LIST></P>
<P>Prayeth therefore your Highne&s;s would vouch&s;afe to de&s;cend to a further con&s;ideration of this bu&s;ine&s;s, our oppre&s;&s;ion being unpara|lell'd by Pre&s;ident, &amp; unrelieveable otherwi&s;e than by your Highne&s;s, Council, or Parliament; &s;ince the benefit of the forfeiture (if any be adjudg'd committed) not onely of this Lea&s;e, but of thou&s;ands more in the &s;ame condition, belongeth onely to your Highne&s;s,</P>
<CLOSER><SIGNED>To who&s;e plea&s;ure we Humbly &s;ubmit, and for your prosperity<LB> &s;hall pray, BASSET JONES.</SIGNED>
<DATE>Wedne&s;day the <HI>22</HI> of <HI>March 1653.</HI></DATE>
<POSTSCRIPT>
<P>IT is his Highne&s;s plea&s;ure that Col. <HI>Jones</HI> be acquainted with this Petition, and that he give his an&s;wer thereunto in writing.</P>
<CLOSER><SIGNED>J. Sadler.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</DIV1>
<DIV1 TYPE="reply to petition">
<PB N="2" REF="3">
<HEAD>The an&s;wer of Col. <HI>Philip Jones</HI> to the &s;aid Petition, re|ceived <HI>April 25.</HI></HEAD>
<P>IN obedience to your Highne&s;s Command, I Humbly return this an|&s;wer to Mr. <HI>Ba&s;&s;ett Jones</HI> his Petition.</P>
<P>That notwith&s;tanding his confidence in the &s;aid Petition to your Highne&s;s, I &s;till affirm that I have taken no other cour&s;e to obtain my right, than what was allowed and u&s;ed by other purcha&s;es: And for a Te&s;timony thereof I have put into Mr. <HI>Saddlers</HI> hands the whole proceedings from the beginning of that cau&s;e to the final order there|in, and de&s;ire nothing but the fruit of tho&s;e legal proceedings.</P>
<P>And do humbly deny the u&s;ing of the lea&s;t force of Souldiers by me, or my direction, or privity, or any other extraordinary Cour&s;e what&s;oever. But that being here in <HI>London</HI> I &s;ent the Orders obtained from the Committee of Ob&s;truction in the cau&s;e to the Countrey to be put in execution according to the Contents thereof in the man|ner therein pre&s;cribed: And if there have been any proceedings there|upon beyond their Contents (as I believe there have not) Mr. <HI>Jones</HI> might, and may yet, complain to the Committee of Ob&s;tructions, gi|ving in the paraticulars and the per&s;ons offending: And he will not, I conceive, have cau&s;e to Complain for want of redre&s;s therein.</P>
<P>And for his pretence of my breach of promi&s;e (which I al&s;o hum|bly deny) it was alleadged by him at that Committee, and con&s;idered by them before the final Order in the Cau&s;e.</P>
<P>And if any Officer of mine hath made any fallacious Oath, (which I never heard at all &s;ugge&s;ted till in this Petition) I de&s;ire no fa|vour for any &s;uch per&s;on, but that he may &s;uffer according to the merit of his Crime. Yet if the fallacious Oath pretended was made before the Commi&s;&s;ioners of Ob&s;tructions, I humbly conceive the Pe|titioners proper cour&s;e had been to had excepted to it there, and made the fallacy of it to have appeared unto them.</P>
<P>And for my taking the po&s;&s;e&s;&s;ion of my Lands in pur&s;uance of the Judgement &amp; Order of the &s;aid Committee (and not by weapons, or other illegal cour&s;e) I hope it will be accounted ju&s;tifiable and hone&s;t; and the rather if it be con&s;idered, that I did let pa&s;s above a whole year before I made my fir&s;t addre&s;s in the cau&s;e, all that while de&s;iring but the re&s;erved Rent the Petitioner mentions, and withall po&s;&s;e&s;&s;ing him with the invaliditie of his Lea&s;e, and of my unwil|lingne&s;s
<PB N="3" REF="3">to take advantage thereof, unle&s;s forced by being dri|ven to come by my Right by a trouble&s;ome and expen&s;ive Cour&s;e of Law.</P>
<P>This being the true &s;tate of the ca&s;e, and the Petitioner having all the Courts of Ju&s;tice open. I &s;ubmit it, whether he hath ju&s;t cau&s;e to trouble your Highne&s;s herein, or reproach me as he doth in his Petition.</P>
<CLOSER><SIGNED>Phi. Jones.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="reply to reply">
<HEAD>The humble Reply of <HI>Ba&s;&s;ett Jones,</HI> in the behalf of <HI>Richard Jones</HI> his Father, to the An&s;wer of Col. <HI>Philip Jones,</HI> to a Petition lately pre&s;ented by him to your Highne&s;s.</HEAD>
<P><HI>Humbly &s;heweth,</HI></P>
<P>THat the &s;aid An&s;wer, as he humbly conceives, is very eva&s;ive and impertinent, in&s;i&s;ting meerly on negatives, and not at all, preci&s;ely, mentioning matter of fact; which he likewi&s;e conceives the &s;aid Col. ought to have done, as that which was the onely means and way to &s;a|tisfie your Highne&s;s of the truth of the complaint. Be&s;ides, this Re|plicant further &s;aith, that &s;omethings as to matter of fact, are there ve|ry ambigiou&s;ly and imperfectly &s;tated, and mo&s;t things mi&s;repre&s;ent|ed; as by the annexed Copies may, and &s;hall further be made appear to your Highne&s;s, or whom&s;oever you &s;hall inpower to hear the bu|&s;ine&s;s, upon Commi&s;&s;ion granted to examine our witne&s;&s;es.</P>
<P>What papers the &s;aid Re&s;pondent hath left in the hands of Mr. <HI>Sad|ler,</HI> this Replicant is ignorant of; as having never &s;een them: But doth averre and is ready to prove, That Col. <HI>Jones</HI> did take other cour&s;es to obtain, that which he termeth, his Right then were Legal, &amp; &s;uch as is not known to have been u&s;ed by, or allowed to, any other Purcha&s;ers, though he in his An&s;wer is plea&s;ed both to affirm and de|ny the &s;ame.</P>
<P>And that this may the better be made to appear to your Highne&s;s, This Replicant &s;hall now lay open all tho&s;e particulars which the &s;aid Col. endeavours to conceal; humbly referring him&s;elf to your High|ne&s;s Ju&s;tice, which Col. <HI>Jones</HI> in his An&s;wer &s;eems &s;o much to avoid and decline: In directing the cau&s;e &s;hould be brought back to the Committee for removing Ob&s;tructions, where he knows this Repli|cant
<PB N="6" REF="4">is not relieveable; It having been by them already declared that neither the Lea&s;e nor the Promi&s;e is there Cognoizable.</P>
<DIV2 TYPE="history of case">
<HEAD>The Ca&s;e.</HEAD>
<P>The Replicants Father <HI>Richard Jones</HI> had a Lea&s;e bearing date 1^o. <HI>Carol.</HI> for 99 years (if three lives &s;hould la&s;t &s;o long) granted unto him at the re&s;erved Rent of 3 <HI>l</HI> and two Capons yearly (valued in the Survey upon improvement at 13 <HI>l.</HI>&mdash;10 s. <HI>per annum</HI>) by <HI>Edward</HI> Earle of <HI>Worcester,</HI><NOTE PLACE="marg">Fol. <HI>10.</HI></NOTE> of a Me&s;&s;uage and certain Lands within the man|nour of <HI>Wrin&s;ton</HI> and <HI>Michael&s;ton,</HI> which he accordingly enjoyed un|till the e&s;tate of the &s;aid Earle was to be &s;old for the re&s;pective Tre|&s;ons of <HI>Henry</HI> late Earle, and <HI>Ed.</HI> now Earle of <HI>Worce&s;ter.</HI></P>
<P>This Lea&s;e was returned in the Survey to <HI>Drury-Hou&s;e,</HI> and a Let|ter of Attorney for preemption of the &s;tates intere&s;t therein given (and at the Committee lodg'd<NOTE N="*" PLACE="marg">Fol. <HI>11.</HI></NOTE> in time) to Mr. <HI>Patrick Boyl.</HI></P>
<P>But &s;oon after Col. <HI>Jones, inter alia,</HI> contracting for the former Mannor (though before the time that by the Act they were &s;aleable in regard of the right of preemption re&s;erved to the Tennants) The Tru&s;tees took this preemption into further con&s;ideration,<NOTE PLACE="marg">See <HI>A. 9.</HI> and <HI>A. 10.</HI> with the Act, in pag. <HI>1381.</HI></NOTE> and there|upon &s;u&s;pended the en&s;ealing of the Col. Conveyance, in regard the Rent duely claimed by the &s;aid Letter of preemption was involv'd therein.</P>
<P>Whereupon, Col. <HI>Jones</HI> made a<NOTE N="*" PLACE="marg">B. 12. &amp; A. 12.</NOTE> promi&s;e unto the Tru&s;tees, &amp; the Attourney of the &s;aid <HI>Richard,</HI> that he would convey unto the &s;aid <HI>Richard</HI> the &s;aid re&s;erved Rent, at a rea&s;onable and u&s;ual rate; as by the annexed Certificate and Affidavit doth appear.</P>
<P>On con&s;ideration whereof, the &s;aid Conveyance was &s;igned. But afterwards, the &s;aid Attorney repairing therefore with a Letter from the &s;aid Tru&s;tees to the &s;aid Col. he utterly denied his &s;aid promi&s;e, and the<NOTE N="*" PLACE="marg">B. 12.</NOTE> performance thereof.</P>
<P>Upon this, the &s;aid <HI>Richard</HI> did by his &s;aid Atturney repair to the &s;aid Committee at <HI>Worcester-Hou&s;e,</HI> praying that they would by &s;ome means obtain unto him from the &s;aid Col. the performance of his promi&s;e, as afore&s;aid.</P>
<P>But to cro&s;s tho&s;e proceedings, the &s;aid Col. procured a Summons from that Committee requiring the &s;aid <HI>Richard</HI> to appear and &s;hew cau&s;e why he did not either pay him Rent,<NOTE N="*" PLACE="marg">A. 12.</NOTE> or yield Po&s;&s;e&s;&s;ion.</P>
<P>In Obedience to which, the Replicant repaired to <HI>London,</HI> prepared to plead to the Legality of the Colonels Conveyance otherwi&s;e, then
<PB N="7" REF="4">as ratefied by the Replicants acceptance of his promi&s;e. But finding nothing<NOTE N="*" PLACE="marg"><HI>See fol.</HI> 13 &amp; A. 14.</NOTE> objected to him, and after attendance on the bu&s;ine&s;s &s;ome|time in the Town, he returned home.</P>
<P>In the Replicants ab&s;ence, the &s;aid Colonel, or his Agents by his directions, did renue the complaint, and, without the knowledge of the Replicant, (though no more than the &s;aid re&s;erved Rent can be pre|tended to be<NOTE N="*" PLACE="marg">B. 10. B 13.</NOTE> paid for) obtained an Order, by which the Replicants Father was required to pay Rent,* AND deliver Po&s;&s;e&s;&s;ion.</P>
<P>So that whereas the words in the Order of Summons were, <HI>Or Po&s;|&s;e&s;&s;ion,</HI> the Order thereupon obtained by &s;urprize &s;aith, <HI>And Po&s;&s;e&s;|&s;ion.</HI> A thing which (as the Replicant humbly conceiveth) was clearly out of the power of the &s;aid Committee to grant, otherwi&s;e than as an Atturnment for the pre&s;ent, and Po&s;&s;e&s;&s;ion as to the rever&s;ion: Since the Right and intere&s;t of the &s;aid <HI>Richard</HI> in Law was confirm|ed by the Act of Sale, as <HI>pag.</HI> 1380. of that Act explicating, <HI>pag.</HI> 1375. doth manife&s;t.</P>
<P>Yet after &s;ome proceedings to and fro, which through the di&s;tance of the Replicants abode could not be &s;o well managed, Colonel <HI>Jones</HI> obtained a confirmation of the &s;aid Order, and Authorized<NOTE N="*" PLACE="marg">Fol. <HI>14.</HI> Fol. <HI>15.</HI></NOTE> one <HI>Charls Jones</HI> his Officer to &s;erve it upon the &s;aid <HI>Richard Jones;</HI> who proffering the Rent and an acquittance to be &s;igned by the &s;aid <HI>Charls,</HI> was by him the &s;aid <HI>Charls</HI> advi&s;ed to keep his Money untill the draught of the acquittance &s;hould be con&s;idered of by Colonel <HI>Jones,</HI> (who was then in the<NOTE N="*" PLACE="marg">B. 15. <HI>compa|red with</HI> A. 16.</NOTE> Countrey and not at LONDON as in his An&s;wer he is plea&s;ed to &s;et forth.)</P>
<P>Within a few dayes after, the &s;aid <HI>Charls</HI> returned from the &s;aid Colonel, and accepting of all the Rent that was due to that 26. day of <HI>July,</HI> gave the &s;aid <HI>Richard</HI> an<NOTE N="*" PLACE="marg">Fol. <HI>15.</HI></NOTE> acquittance indor&s;ed up|on that Order annexed. It being <HI>verbatim</HI> the &s;ame with the draught advi&s;ed of by the &s;aid Colonel. He al&s;o took<NOTE N="*" PLACE="marg">A. 20.</NOTE> po&s;&s;e&s;&s;ion of the &s;aid Lands as in rever&s;ion according to the u&s;ual Ceremonies, them&s;elves then<NOTE N="*" PLACE="marg">See his an&s;wer to line <HI>31.</HI> and <HI>B. 20.</HI> Fol. <HI>16.</HI></NOTE> pretending to under&s;tand it no otherwi&s;e.</P>
<P>Neverthele&s;s in <HI>October</HI> following the &s;aid <HI>Charls</HI> came up to LONDON, where the &s;aid Colonel then re&s;ided, and before a Mr. of <HI>Chancery</HI> made the Affidavit* annexed. By which he doth not onely conceal the proceedings had pa&s;s'd in the <HI>intrim,</HI> and the &s;ati&s;|factiont which under his own hand he had acknowledged; But al&s;o affirms the &s;aid <HI>Richard</HI> had denied the po&s;&s;e&s;&s;ion demanded; when indeed he had yielded it up<NOTE N="*" PLACE="marg">A 20.</NOTE> according to his Demands; and &s;ent
<PB N="8" REF="5">his &s;ervant along to &s;hew him the Lands, that he might accompli&s;h the Ceremonies of Po&s;&s;e&s;&s;ion thereon as afore &s;aid.</P>
<P>Upon this Affidavit, The Committee (before we could have<NOTE N="*" PLACE="marg">A. 17. <HI>compa. with</HI> A. 16.</NOTE> no|tice thereof, and con&s;equently could direct our Attorney to plead to it) Ordered the &s;aid <HI>Richard</HI> to quit the Po&s;&s;e&s;&s;ion. And its ob|&s;ervable, that in this their final Order, the Committee was plea&s;ed to explain their precedent Order by the words<NOTE N="*" PLACE="marg">B. 17.</NOTE> <HI>Po&s;&s;e&s;&s;ioni accord|ing to the purcha&s;e,</HI> which reaching onely to the re&s;erved Rent and<NOTE N="*" PLACE="marg">C. 10.</NOTE> power of &s;et and Let, as the Annexed doth Manife&s;t, could without apparent injury to the<NOTE N="*" PLACE="marg">See the Petition.</NOTE> Common-wealth as well as Ten|nant, be extended no further; unle&s;s it were in ca&s;e of non-pay|ment, which the &s;aid <HI>Richard</HI> cannot be charged with. As <HI>Philip David</HI> the Bayliff, and the &s;aid <HI>Charls Jones</HI> (notwith&s;tanding his Af|fidavit) cannot upon Oath deny.</P>
<P>Be&s;ides, the &s;aid Order did provide<NOTE N="*" PLACE="marg">C. 18.</NOTE> fourteen dayes notice to be given to the &s;aid <HI>Richard,</HI> before the Sheriff &s;hould be called to a&s;|&s;i&s;tance.</P>
<P>But without any notice at all given to the &s;aid <HI>Richard,</HI> or any related to him,<NOTE N="*" PLACE="marg">A. 19.</NOTE> Mr. <HI>Evan Lewis</HI> late Lieutenant under the &s;aid Co|lonel, now his brother in Law, did on the fourteenth of <HI>December</HI> la&s;t, come with the Deputy-Sherieff, and Souldiers from the Garri&s;on of <HI>Caerdiff,</HI> and entered into the hou&s;e of the &s;aid <HI>Rhichard</HI>'s Tennant, putting in the Souldiers to keep po&s;&s;e&s;&s;ion for that day, and the night following, untill at la&s;t he con&s;trained the Tennant to &s;ign a Bond to keep Po&s;&s;e&s;&s;ion for Colonel <HI>Jones;</HI> whereby the &s;aid <HI>Richard</HI> was di&s;po&s;&s;e&s;&s;ed of all his right in the &s;aid Lea&s;e, which the &s;aid Colonel doth detain and enjoy to this day.</P>
<P>Thus hath your Replicant layed open before your Highne&s;s the whole Proce&s;s and Cour&s;e of the Frauds, Injuries &amp; Oppre&s;&s;ions u&s;ed by the &s;aid Colonel towards his aged and di&s;tre&s;&s;ed Father, which he was forced particularly to lay down, becau&s;e they have been con|tinued with &s;o much cunning and circumvention, that it were impo&s;|&s;ible otherwi&s;e to make them out. For,</P>
<P N="1">1. A promi&s;e made in the pre&s;ence of, and to the Tru&s;tees (who were unwilling to parcel out a thing of &s;o &s;mall a value out of a great Conveyance) is manife&s;tly violated.</P>
<P N="2">2. Circumvention and &s;urprizeall in proceedings are made u&s;e of.</P>
<P N="3">3. A Fallacious Oath, not to &s;ay Perjury and that as may proba|bly be &s;uppo&s;ed by Combination.</P>
<P N="4"><PB N="9" REF="5"> 4. Open and illegal force, and a forcible detention of an illegal po&s;&s;e&s;&s;ion.</P>
<P>May it therefore plea&s;e your Highne&s;s to con&s;ider all this; and out of your gracious and righteous judgement, to order the whole mat|ter to be (if that be deemed nece&s;&s;ary) further &s;canned by &s;ome ho|ne&s;t and impartial men, who may be inpowered to examine witne&s;&s;es on both &s;ides, and report the &s;ame to your Highne&s;s. And not turn your Replicant over to the Law, where the la&s;t Order of the Com|mittee of Ob&s;tructions rendered him unrelieveable, neither back a|gain to <HI>Worce&s;ter-Hou&s;e,</HI> your Replicant having had &s;uch wofull ex|perience<NOTE N="*" PLACE="marg">A. 12. <HI>comp|red with</HI> A. 13.</NOTE> of the power and influence of the &s;aid Colonel there. That nece&s;&s;itates him humbly to implore your acceptance of this his appeal to your Highne&s;s, who, as you are Lord <HI>Protector</HI> of the three Nations, &s;o are you the mo&s;t proper Chancellour between your Coun|&s;ellour and a Subject.</P>
<CLOSER><SIGNED>Ba&s;&s;et Jones.</SIGNED>
<POSTSCRIPT>
<P>Hereafter follow the proofs which the Replicant hath at pre|&s;ent for the re&s;pective a&s;&s;ertions in his Petition, and reply &s;ugge&s;ted.</P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="certificate of purchase">
<HEAD>The Tru&s;tees Certificate of <HI>Colonel Jones</HI> his Purcha&s;e.</HEAD>
<P>THe Mannour of <HI>Wrinston,</HI> in the County of <HI>Glamorgan,</HI> late parcel of the E&s;tate of <HI>Edward</HI> Earle of <HI>Worce&s;ter</HI> was &s;old on the* 13 day of <HI>February</HI> 1651. unto <HI>Philip Jones</HI> E&s;quire and others on the behalf of the Brigade of Colonel <HI>Horton,</HI> for, and during the lea&s;e of the &s;aid Earle, without impeachment of wa&s;te, with power to make Lea&s;es, 21 years, or any other Term determinable upon one, two or three Lea&s;es. In which manner <HI>Richard Jones</HI> holds a Me&s;&s;age and certain Lands by Lea&s;e from the &s;aid Earle, dated the 22 of <HI>Octo|ber,</HI> in the fir&s;t of King <HI>Charles</HI> of the yearly value of 13 <HI>l.</HI> 10 <HI>s.</HI> under the yearly re&s;erved Rent of 3 <HI>l.</HI> and two Capons, for the re|mainder of a Term of 99 years, determinable upon the lives of <HI>Rich. Jones, Ba&s;&s;et Jones,</HI> and <HI>Edward Jones,</HI> all certified in the &s;urvey of the &s;aid Mannour to be living.</P>
<P>And the &s;aid <HI>Philip Iones</HI> and others, onely<NOTE N="*" PLACE="marg">B.</NOTE> purcha&s;ed the &s;aid
<PB N="10" REF="6">re&s;erved yearly Rent of 3 <HI>l.</HI> and two Capons, with<NOTE N="*" PLACE="marg">C.</NOTE> power to make Lea&s;es as afore&s;aid.</P>
<CLOSER><SIGNED><LIST>
<ITEM><HI>Henry Sealy.</HI></ITEM>
<ITEM><HI>Ed. Tooks.</HI></ITEM>
<ITEM><HI>W. Li&s;le.</HI></ITEM>
<ITEM><HI>Sam. Gookin.</HI></ITEM>
<ITEM><HI>Will. Robin&s;on.</HI></ITEM>
</LIST></SIGNED>
<SIGNED>John Smith Clerk.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="document">
<HEAD>The Tru&s;tees Certificate of the Promi&s;e.</HEAD>
<HEAD>To the Honourable the Commi&s;&s;ioners for the re|moving of Ob&s;tructions in the &s;ale of Delinquents E&s;tates. The Certificate of the Tru&s;tees for the &s;ale of the &s;aid E&s;tates.</HEAD>
<P>IN pur&s;uance of your Order of the 19 of <HI>Iune</HI> 1652. whereby the &s;aid Tru&s;tees are de&s;ired to &s;tate the matter of Fact upon the Pe|tition of <HI>Richard Iones</HI> E&s;q in reference to the purcha&s;e of a Tene|ment of Land in the Petition mentioned, being parcel of the Man|nour of <HI>Michael Stone,</HI> in the County of <HI>Glamorgan,</HI> and returned by Survey the<NOTE N="*" PLACE="marg">A.</NOTE> 4 day of <HI>Febr.</HI> 1651. to be late parcel of the E&s;tate of <HI>Edward</HI> Earle of <HI>Worce&s;ter.</HI> The &s;aid Tru&s;tees certifie that the in|tere&s;t of the &s;aid Mr. <HI>Iones</HI> of and unto the Tenement in the Petition mentioned was returned in the &s;aid Survey, and the pre-emption thereupon duely claimed as in the Petition is mentioned.</P>
<P>That &s;oon after the return of the &s;aid Survey, there being &s;everal Competitors for the &s;aid Mannour, The &s;aid Tru&s;tees expo&s;ed the &s;ame unto &s;ale by the box, and the purcha&s;e thereof fell to Colonel <HI>Philip Iones</HI> E&s;q as being the highe&s;t bidder for the &s;aid Mannour.</P>
<P>That before the Conveyance of the premi&s;&s;es was Sealed, the pre|emption of the &s;aid Tenement falling again into con&s;ideration.</P>
<P>The &s;aid Tru&s;tees thought it more convenient, that the Petitio|ner &s;hould accept of a Conveyance of the &s;aid Tenement from the &s;aid Colonel <HI>Iones,</HI> (at a rea&s;onable rate) than to pa&s;s a &s;ingle Con|veyance of &s;o &s;mall a thing them&s;elves unto the &s;aid Mr. <HI>Iones,</HI> which being propounded by the &s;aid Tru&s;tees unto the &s;aid Colonel <HI>Iones,</HI> and Dr. <HI>Ba&s;&s;et Iones</HI> (who then dealt for the Petitioner) both the &s;aid parties after &s;ome debate attended thereunto, and the &s;aid Colo|nel
<PB N="11" REF="6"><HI>Iones</HI><NOTE N="*" PLACE="marg">B.</NOTE> promi&s;ed to Seal a Conveyance of the &s;aid Tenement ac|cordingly.</P>
<P>That &s;hortly after the &s;aid Tru&s;tees Sealed a Conveyance of the whole Mannour unto the &s;aid Col. <HI>Iones.</HI> But what hath &s;ince pa&s;t between the &s;aid Col. and the Petitioner, the &s;aid Tru&s;tees have no certain knowledge of. All which we leave unto your grave con&s;ide|rations.</P>
<CLOSER><SIGNED><LIST>
<ITEM><HI>Will. Skimmer.</HI></ITEM>
<ITEM><HI>Math. Valentine.</HI></ITEM>
<ITEM><HI>Henry Sealy.</HI></ITEM>
<ITEM><HI>Will. Li&s;le.</HI></ITEM>
<ITEM><HI>Arthur Samuel.</HI></ITEM>
</LIST></SIGNED></CLOSER>
<CLOSER>Cop. Exam.
<SIGNED>Ed. Noel.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="affidavit">
<HEAD><HI>Mr. Boils</HI> Affidavit of the Promi&s;e.</HEAD>
<P><HI>PAtrick Boil</HI> of <HI>Clements Dane,</HI> in the County of <HI>Midle&s;ex</HI> Gent. maketh Oath that he was imployed as Agent by, and for <HI>Richard Iones</HI> of <HI>Lamihangle</HI> in the County of <HI>Glamorgan</HI> E&s;quire, to &s;olli|cite and purcha&s;e to the u&s;e of the &s;aid <HI>Iones,</HI> by way of pre-emption, according to the directions of the fir&s;t Act of Parliament for &s;ale of Delinquents Lands, the States intere&s;t in a Tenement and certain parcels of Lands in the po&s;&s;e&s;&s;ion of the &s;aid Mr. <HI>Iones,</HI> by Lea&s;e from the late Earle of <HI>Worcester</HI> at the yearly Rent of 3 <HI>l.</HI> and two Capons. And that the &s;aid Deponent did put in his de&s;ire before the Tru&s;tees at <HI>Drury Hou&s;e,</HI> to purcha&s;e the &s;ame within the time limited by the Act, and that the &s;aid Tru&s;tees thereupon ordered him a day of Con|tract accordingly. Yet notwith&s;tanding Colonel <HI>Philip Iones</HI> pur|cha&s;ed this Rent as involved within the Mannour of <HI>Wrin&s;ton,</HI> at a publick Box, of which this Deponent being fore-adverti&s;ed, he re|minded the &s;aid Tru&s;tees of the &s;aid pre-emption, who thereupon an&s;wered that they did not, nor could effectually expo&s;e any more to the Box than the &s;aid Act Authori&s;ed them, but it did not pre-empti|ons untill 30 dayes were expired: Therefore they &s;aid they needed not except that out, being &s;omething of trouble &s;o to do. And they further &s;aid, they would take care the Colonel &s;hould not pa&s;s his conveyance untill this pre-emption were ratified to the Deponent. And accordingly the conveyance was &s;topped, untill afterwards the &s;aid Colonel <HI>Iones,</HI> and this Deponent being met before the Tru&s;tees. It was there then agreed, that this &s;top of his conveyance &s;hould be recalled, and that this Deponent &s;hould accept of a conveyance of
<PB N="12" REF="7">the premi&s;&s;es from Colonel <HI>Iones</HI> upon the Deponents conce&s;&s;ion, to which reque&s;t he the &s;aid Colonel <HI>Iones</HI> there<NOTE N="*" PLACE="marg">A.</NOTE> <HI>Promi&s;ed,</HI> the Tru|&s;tees and the &s;aid Deponent, that immediately after their Sealing of his conveyance, he would upon demand reconvey the premi&s;&s;es unto the &s;aid Deponent, or whom el&s;e he the &s;aid Deponent &s;hould think fitting; and that at &s;uch u&s;ual rates as &s;uch E&s;tates were &s;old by the &s;aid Tru&s;tees, whereupon the Deponent gave way to the en&s;ealing of the &s;aid Colonels conveyance.</P>
<P>But afterwards when the &s;aid Deponent did accordingly repair un|to him, and that fortified with a Letter from the Tru&s;tees, he the &s;aid Colonel <HI>Iones</HI> ab&s;olutely denied, and refu&s;ed the<NOTE N="*" PLACE="marg">B.</NOTE> performance of his &s;aid promi&s;e.</P>
<CLOSER><DATELINE><HI>Sworn</HI> <DATE>May 10. 1654.</DATE></DATELINE>
<SIGNED>P. Boil.</SIGNED>
<SIGNED>Tho. Benet.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="document">
<HEAD>The Order of Summons.</HEAD>
<HEAD>By the Commi&s;sioners for removing of Obstructions in the &s;ale of Delinquents Lands and Estates. <HI>May the 11.</HI></HEAD>
<P>WHereas Col. <HI>John Okey</HI> and the re&s;t of the Officers of Colo|nel <HI>Hortons</HI> Brigade in their Petition read this day &s;et forth, That the Tru&s;tees for &s;ale of the &s;aid Lands in pur&s;uance of an Order of Parliament, conveyed unto the Petitioners certain Lands and He|reditaments in the County of <HI>Glamorgan,</HI> and that &s;everal parcels thereof are part of the Lord&s;hip of <HI>Wrin&s;ton,</HI> &amp; are in the po&s;&s;e&s;&s;ion of <HI>Rich. Jones</HI> of the County, E&s;q who refu&s;eth to pay the Rents due for the &s;aid Lands; OR deliver the Po&s;&s;e&s;&s;ion thereof unto the Pe|titioners praying Summons, <HI>&amp;c.</HI></P>
<P>Ordered, that the &s;aid <HI>Rich. Jones,</HI> be hereby &s;ummoned to appear before us, or &s;ome other on his behalf, at <HI>Worce&s;ter-Hou&s;e,</HI> in the <HI>Strand, Middle&s;ex,</HI> upon <HI>Wedne&s;day</HI> the 22 of <HI>Iune</HI> next, having 21 dayes notice before of this Order, to &s;hew cau&s;e wherefore he refu&s;eth to pay the Rent due by him for the premi&s;&s;es.<NOTE N="*" PLACE="marg">A. <HI>See</HI> 13. A.</NOTE> OR deliver the Po&s;|&s;e&s;&s;ion thereof to the Petitioner according to their purcha&s;e; And hereof he is not to fail.</P>
<CLOSER><SIGNED><LIST>
<ITEM><HI>Henry Pit.</HI></ITEM>
<ITEM><HI>Iohn Berners.</HI></ITEM>
<ITEM><HI>Iohn Parker.</HI></ITEM>
<ITEM><HI>Fran. Mu&s;&s;eden.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="document">
<PB N="13" REF="7">
<HEAD>The Order thereupon obtained by &s;urpri&s;e, and fal&s;ely citing the &s;aid Summons.</HEAD>
<HEAD>By the Commi&s;sioners, for the removing of Ob&s;tru|ctions in the &s;ale of Delinquents Lands and E&s;tates.</HEAD>
<OPENER><DATELINE><DATE>June 29.</DATE></DATELINE></OPENER>
<P>WHereas Col. <HI>Iohn Okey,</HI> and the re&s;t of the Officers of Col. <HI>Hor|tons</HI> Brigade having in their Petition alleadged, that the Tru|&s;tees for the &s;ale of the &s;aid Lands, have in pur&s;uance of an Order of Parliament conveyed unto the Petitioner certain Lands and Heredi|taments in the County of <HI>Glamorgan:</HI> And that &s;everal parcels thereof are part of the Lord&s;hip of <HI>Wrin&s;ton,</HI> &amp; are in the po&s;&s;e&s;&s;ion of <HI>Rich. Iones</HI> in the &s;aid County, E&s;q who refu&s;eth to pay the Rents due for the &s;aid Lands, and deliver up the po&s;&s;e&s;&s;ion thereof unto the Peti|tioners praying Summons.</P>
<P>There i&s;&s;ued forth thereupon, the 11 of <HI>May</HI> la&s;t, an Order of Sum|mons for the &s;aid <HI>Richard Iones</HI> to appear before us, or &s;ome other in his behalf, to &s;hew cau&s;e wherefore he refu&s;eth to pay the &s;aid Rents due by him for the premi&s;es unto the Petitioners.<NOTE N="*" PLACE="marg">A. <HI>See</HI> A. 12.</NOTE> And deliver up the po&s;&s;e&s;&s;ion thereof to the &s;aid Petitioners according to their purcha&s;e. In pur&s;uance thereof, Coun&s;el onely appeared for the &s;aid <HI>Rich. Iones,</HI> 22 of <HI>Iune</HI> la&s;t, in the cau&s;e; But did not<NOTE N="*" PLACE="marg">The bu|&s;ine&s;s was not at all called that day. <HI>B. I.</HI></NOTE> offer any thing for cau&s;e herein.</P>
<P>And whereas it was this day alleadged on the behalf of the &s;aid Pe|titioner in the pre&s;ence of Coun&s;el for the &s;aid <HI>Rich. Jones,</HI> that the &s;aid <HI>Rich. Jones,</HI> nor any for him, hath &s;hewed cau&s;e wherefore he &s;hould not pay the Rents of the premi&s;&s;es unto the Petitioners, and deliver up the po&s;&s;e&s;&s;ion of the premi&s;&s;es unto them; And the &s;aid Coun&s;el for the &s;aid <HI>Rich. Iones</HI> having not any thing to offer for &s;uch cau&s;e, Ordered thereupon that the &s;aid <HI>Rich. Iones</HI> do within 14 dayes next after &s;ight or notice of this Order, pay unto the purcha&s;ers the Rents by him due for the Lands in his po&s;&s;e&s;&s;ion as afore&s;aid<NOTE N="*" PLACE="marg">B.</NOTE> and de|liver up the po&s;&s;e&s;&s;ion thereof unto the &s;aid purcha&s;ers, or to whom they &s;hall appoint to receive the &s;ame; And in ca&s;e of fail herein to be &s;ent for in cu&s;tody to an&s;wer his contempt in the premi&s;&s;es.</P>
<CLOSER><SIGNED><LIST>
<ITEM><HI>Iohn Parker.</HI></ITEM>
<ITEM><HI>William Roberts.</HI></ITEM>
<ITEM><HI>Robert Aldwoorth.</HI></ITEM>
<ITEM><HI>Fran. Mu&s;&s;enden.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="document">
<PB N="14" REF="8">
<HEAD>The Order confirming it</HEAD>
<HEAD>By the Committee for removing of Ob&s;tru|ctions in the &s;ale of Delinquents Lands and E&s;tate.</HEAD>
<OPENER><DATELINE><DATE>July the 12. 1653.</DATE></DATELINE></OPENER>
<P>WHereas in the cau&s;e upon the Petition of Col. <HI>John Okey</HI> and the re&s;t of the Officers of Colonel <HI>Hortons</HI> Brigade, and complaint therein again&s;t <HI>Richard Iones</HI> E&s;q for refu&s;ing to pay the Rents, and for to deliver the po&s;&s;e&s;&s;ion of certain parcels of Lands, part of the Lord&s;hip of <HI>Wrin&s;ton</HI> purcha&s;ed by them. It was the 29 of <HI>Iune</HI> la&s;t Ordered that the &s;aid <HI>Rich. Iones</HI> &s;hould within 14 dayes next after &s;ight, or notice of this Order pay unto the &s;aid purcha&s;ers the Rents by him due for the Lands in his po&s;&s;e&s;&s;ion as afore&s;aid by the &s;aid Petitio|ners, and deliver unto them the po&s;&s;e&s;&s;ion of the &s;aid Lands in que|&s;tion; and in ca&s;e of fail therein to be &s;ent for in cu&s;tody to an&s;wer his contempt in the premi&s;&s;es.</P>
<P>And whereas it was upon the 6 of <HI>July</HI> in&s;tant upon allegation made by the Coun&s;el on behalf of the &s;aid <HI>Richard Jones,</HI> that the &s;aid Orders of the 29 of <HI>June</HI> was obtained in his<NOTE N="*" PLACE="marg">A.</NOTE> ab&s;ence, whereby cau&s;e could not be &s;hewn wherefore the &s;aid Rents and the po&s;&s;e&s;&s;ion of the Lands &s;hould not be delivered up unto the &s;aid purcha&s;ers; Or|dered that the execution of the &s;aid Order of the 29 of <HI>June</HI> made in this ca&s;e &s;hould be &s;u&s;pended if it were not then executed.</P>
<P>And whereas Coun&s;els, or Solicitors on both &s;ides appeared this day, and the Certificate made by the Tru&s;tees for &s;ale of the &s;aid Lands upon the Petition of the &s;aid <HI>Rich. Jones</HI> being read, and Coun&s;el for him heard what he had to offer for cau&s;e as afore&s;aid, and wherefore the &s;aid Order of the 29 of <HI>June</HI> la&s;t &s;hould not &s;tand, and the &s;aid Order of the 6 of <HI>July</HI> made null.</P>
<P>It was thereupon ordered. The &s;aid Order of the 6 of <HI>Iuly</HI> afore|&s;aid for &s;taying of the &s;aid Order of the 29 of <HI>Iune</HI> afore&s;aid, be here|by made null and void. And that the &s;aid Order of the 29 of <HI>Iune</HI> afore&s;aid, do &s;tand to all intents and purpo&s;es thereupon.</P>
<CLOSER><SIGNED><LIST>
<ITEM>R. <HI>Aldwoorth.</HI></ITEM>
<ITEM><HI>Fran. Mu&s;&s;enden.</HI></ITEM>
<ITEM><HI>Iohn Parker.</HI></ITEM>
</LIST></SIGNED></CLOSER>
<CLOSER><SIGNED>Henry Pit.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="document">
<PB N="15" REF="8">
<HEAD><HI>Charles Jone</HI>'s Acquittance indor&s;ed on the Original of the &s;aid Order.</HEAD>
<P>KNow all men, that I <HI>Charles Iones</HI> of <HI>Wal&s;ton</HI> in the Pari&s;h of <HI>Wenvoe</HI> and the County of <HI>Glamorgan</HI> have received of the within named <HI>Richard Iones</HI> E&s;q (in his<NOTE N="*" PLACE="marg">A.</NOTE> obedience to this Order) the full &s;um of 4 <HI>l.</HI> twelve &s;hill. and 8. being the whole Arrear both for Rent and duties due upon the &s;aid <HI>Richard Iones,</HI> for the Lands mentioned in the &s;aid Order from his la&s;t payment of Rent to the then Bailiff, untill this in&s;tant 26 of <HI>Iuly;</HI> witne&s;s my hand hereunto &s;ub&s;cribed.</P>
<CLOSER><SIGNED>Charles Iones.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="document">
<HEAD>The Authority given by Colonel <HI>Jones</HI> under his hand and Seal unto the &s;aid <HI>Charles Jones,</HI> and by him deli|vered up unto the &s;aid <HI>Richard Jones.</HI></HEAD>
<P>IN pur&s;uance of an Order of the 29 of <HI>Iune</HI> la&s;t, and another con|firming it of the 12 of <HI>Iuly</HI> la&s;t, both from the Commi&s;&s;ioners for removing of Ob&s;tructions in the &s;ale of Delinquents E&s;tates, I do, by virtue of power derived unto me from Col. <HI>Iohn Okey,</HI> and the re&s;t of the Officers of Col. <HI>Hortons</HI> Brigade, intru&s;t and appoint Mr. <HI>Charls Iones</HI> of <HI>Wal&s;ton,</HI> in the County of <HI>Glamorgan</HI> to demand and receive the Rents and po&s;&s;e&s;&s;ion of the Lands mentioned in the &s;aid Orders according<NOTE N="*" PLACE="marg">B.</NOTE> to the Tenor thereof.</P>
<CLOSER><DATELINE>Given under my hand and Seal <DATE>the 21 of <HI>Iuly</HI> 1653.</DATE></DATELINE>
<SIGNED>Phi. Iones.</SIGNED>
<POSTSCRIPT>
<P>Mark the date of this, and compare it with the time the &s;aid <HI>Charles</HI> &s;weareth he came to the &s;aid <HI>Richard</HI>'s hou&s;e; and then judge how the Col. could be then at <HI>London,</HI> as in his an&s;wer he af|firmeth</P>
<CLOSER><SIGNED>B. I.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="affidavit">
<HEAD>Mr. <HI>Charles Jones</HI> his Affidavit.</HEAD>
<P><HI>CHarles Iones</HI> of <HI>Wenvoe</HI> in the County of <HI>Glamorgan</HI> Gentleman maketh Oath, That he together with one <HI>Morgan Penry</HI> repair|ed on the<NOTE N="*" PLACE="marg">A.</NOTE> 22 of <HI>Iuly</HI> la&s;t unto the hou&s;e of <HI>Richard Iones</HI> E&s;q for to
<PB N="16" REF="9">&s;erve him with two Orders from the Honorable the Committee for removing Ob&s;tructions in the &s;ale of Delinquents E&s;tates; The one bearing date the 29 of <HI>June</HI> la&s;t, and ordering that the &s;aid <HI>Rich. Jones</HI> &s;hould within 14 dayes next after &s;ight, or notice thereof pay unto Col. <HI>Okey</HI> and the other purcha&s;ers the Rents by him due for their Lands in his po&s;&s;e&s;&s;ion, and al&s;o deliver up the po&s;&s;e&s;&s;ion; And in ca&s;e of failer herein to be &s;ent for in cu&s;tody to an&s;wer his contempt.</P>
<P>The other bearing date the 12 of <HI>July</HI> la&s;t, ordering that a certain Order for &s;taying of the &s;aid Order of the 29 of <HI>June</HI> was thereby made void, and that that of the 29 of <HI>June</HI> afore&s;aid &s;hould &s;tand to all intents and purpo&s;es; true Copies of both which Orders the De|ponent with the &s;aid <HI>Morgan Peury</HI> (not finding the &s;aid <HI>Rich. Iones</HI> at home) did there the 22 of <HI>Iuly</HI> la&s;t deliver unto the wife of the &s;aid <HI>Richard Iones.</HI> The &s;ame day the Deponent having met with the &s;aid <HI>Richard Iones,</HI> he acquainted him with the &s;aid Orders and the con|tents thereof, with the leaving of the &s;aid Copies with his wife.</P>
<P>And he further depo&s;eth that, in<NOTE N="*" PLACE="marg"><HI>B.</HI> His ac|quittance on the Order indor&s;ed prooveth the con|trary. <HI>I. B.</HI></NOTE> pur&s;uance of the &s;aid Orders &amp; according to in&s;tructions and Authority to him given, he repaired a|gain unto the &s;aid <HI>Richard Iones,</HI> and demanded the Po&s;&s;e&s;&s;ion of the &s;aid Lands to the u&s;es in the &s;aid Orders mentioned; which the &s;aid <HI>Richard Jones</HI> refu&s;ed to deliver up, but &s;till continueth in the Po&s;&s;e&s;|&s;ion, thereof notwith&s;tanding the &s;aid Orders, and the Deponents de|mand thereupon.</P>
<CLOSER><SIGNED>JOHN JONES.</SIGNED></CLOSER>
<CLOSER><DATELINE><HI>Sworn</HI> <DATE>the 3 <HI>day of</HI> October 1653.</DATE></DATELINE>
<SIGNED>Io. Page.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="document">
<P><HI>GEorge Hooper</HI> maketh Oath that he was pre&s;ent when the above named <HI>Charles Iones</HI> did make Oath the 3 of October of the truth of the Affidavit above written before <HI>Iohn Page,</HI> and did then, receive it, and it is not &s;ince any way altered.</P>
<CLOSER><SIGNED>George Hooper.</SIGNED></CLOSER>
<CLOSER><DATELINE>Jur.<NOTE N="*" PLACE="marg">A.</NOTE> <DATE>24 of October 1653.</DATE></DATELINE>
<SIGNED>Henry Pitt.</SIGNED></CLOSER>
<CLOSER><HI>Cop. Ex.</HI> <SIGNED>Edw. Noel.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="document">
<PB N="17" REF="9">
<HEAD>The Committees final Order upon the &s;aid Affidavit, <HI>October<NOTE N="*" PLACE="marg">A.</NOTE> 29. 1653.</HI></HEAD>
<HEAD>By the Committee for removing Ob&s;tructions in the &s;ale of Delinquents Lands and E&s;tates.</HEAD>
<P>WHereas in the Ca&s;e upon the Petition of Col. <HI>Okey,</HI> and the re&s;t of the Officers of Col. <HI>Horton</HI>'s Brigade, purcha&s;ers of certain Lands and Hereditaments in the County of <HI>Glamorgan,</HI> &s;everal par|cels thereof being parcel of the Lord&s;hip of <HI>Wrin&s;ton</HI> in the Tenure of <HI>Richard Jones</HI> of that County, E&s;q And complaint again&s;t the &s;aid <HI>Richard Jones</HI> for refu&s;ing to deliver the Po&s;&s;e&s;&s;ion of the &s;aid Lands, &amp; pay the Rents due unto the Petitioners<NOTE N="*" PLACE="marg">B.</NOTE> <HI>according to their purcha&s;e.</HI></P>
<P>It was the 29 of <HI>June</HI> la&s;t Ordered, among other things, that the &s;aid <HI>Richard Jones</HI> &s;hould within 14 dayes next after &s;ight, or notice of that Order deliver up unto the &s;aid Purcha&s;ors, or to whom they &s;hould appoint to receive the &s;ame po&s;&s;e&s;&s;ion of the Lands detained as afore&s;aid.</P>
<P>And whereas the 12 of <HI>July</HI> la&s;t, upon reading of an Order of the 6 of that Moneth, whereby (upon the matter then offered by Coun&s;el for the &s;aid <HI>Richard Jones</HI>) the &s;aid Order of the 29 of <HI>June</HI> was to be &s;u&s;pended, if the &s;ame were not then executed. And upon hearing of Coun&s;el, or Solicitors on both &s;ides, It was Ordered that the &s;aid Or|der of the 6 of <HI>Iuly</HI> for &s;taying the execution of the Order of the 29 of <HI>Iune</HI> afore&s;aid &s;hould be made null and void, and that the Order of 29 of <HI>Iune</HI> afore&s;aid &s;hould &s;tand good to all intents and purpo&s;es therein.</P>
<P>And fora&s;much as the &s;aid purcha&s;ors in their &s;aid Petition read this day alleadge, that the &s;aid <HI>Richard Iones</HI> hath been &s;erved with the &s;aid Orders for delivering up the po&s;&s;e&s;&s;ion of the premi&s;es to the &s;aid purcha&s;ors, who refu&s;eth to yield obedience thereunto; and <HI>Charles Iones</HI> having made Oath that on the 22. of <HI>Iuly</HI> la&s;t he repaired to the hou&s;e of the &s;aid <HI>Richard Iones,</HI> and left true Copies of the &s;aid Or|ders of the 29 of <HI>Iune</HI> and 12 of <HI>Iuly</HI> with the wife of the &s;aid <HI>Richard Iones;</HI> &amp; the &s;ame day met with the &s;aid <HI>Jones,</HI> &amp; acquainted him with the contents of the &s;aid Orders, &amp; with his leaving copies with his wife as afore&s;aid. And that in pur&s;uance of the &s;aid Orders he repair'd again
<PB N="18" REF="10">to the &s;aid <HI>Richard Iones,</HI> and demanded of him the po&s;&s;e&s;&s;ion of the &s;aid Lands, who refu&s;ed to deliver up the po&s;&s;e&s;&s;ion thereof; but &s;till continueth the &s;ame notwith&s;tanding the &s;aid Orders.</P>
<P>Ordered therefore that the &s;aid <HI>Richard Iones</HI> do<NOTE N="*" PLACE="marg">C.</NOTE> within 14 dayes after &s;ight or notice of this Order, deliver up unto the &s;aid purcha&s;ors (or unto whom they &s;hall appoint to receive the &s;ame) the po&s;&s;e&s;&s;ion of the &s;aid Lands by him detained as afore&s;aid. And in ca&s;e of failer herein, that then, according to an Ordinance of Parliament of the 21 of <HI>November</HI> 1648. The Sheriff of the &s;aid County of <HI>Glamorgan</HI> do forthwith repair to the &s;aid Lands and Premi&s;es detained by the &s;aid <HI>Richard Iones,</HI> &amp; all houldings under him; And the po&s;&s;e&s;&s;ion &s;o cleared to deliver up unto the &s;aid purcha&s;ors, or to whom they &s;hall appoint to return the &s;ame. And to break open Gates, Hedges, <HI>&amp;c.</HI> for clearing of the po&s;&s;e&s;&s;ion of the premi&s;&s;es. And the &s;aid Sheriff is hereby Au|thori&s;ed to commit to the next common Pri&s;on for one Moneth &s;uch per&s;on, or per&s;ons as he &s;hall finde to re&s;i&s;t him in the due execution of this Warrant.</P>
<CLOSER>Cop. Exam. <SIGNED>Edw. Noel.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="document">
<PB N="19" REF="10">
<HEAD>To my Son <HI>Ba&s;&s;et Jones</HI> at <HI>London.</HI></HEAD>
<OPENER><SALUTE>Son,</SALUTE></OPENER>
<P>THis is to let you know,<NOTE PLACE="marg">A.</NOTE> that upon the 14 in&s;tant Mr. <HI>Evan Lewis</HI> came with the Deputy Sheriff, his man, and two Souldiers from the Ca&s;tle of <HI>Cardiff;</HI> and entered into the hou&s;e where <HI>Robert John</HI> lives; putting in the Souldiers to keep po&s;&s;e&s;&s;ion that day and the night following. So that he was con&s;trained to &s;eal a Bond of &s;ome great penalty unto <HI>Chri&s;topher Ienkin,</HI> with condition to hold po&s;&s;e&s;&s;ion thereof to the u&s;e of Colonel <HI>Iones,</HI> and not to deliver the po&s;&s;e&s;&s;ion unto any other, unle&s;s forced thereunto by lawfull authority.</P>
<P>From thence they came to the Croft by the Meadow, where they made entry, and, after Ceremonies of entry made there al&s;o, they de|parted; without &s;hewing me any Order, or &s;erving the Hou&s;e therewith onely they &s;ent a Souldier (after their departure) to acquaint your mother (my &s;elf not being within) that they had made entry as afore|&s;aid; But did not make me privy to their authority either then or af|ter. Which is the whole truth of their proceedings therein.</P>
<CLOSER><SIGNED>Your carefull Father<LB> <HI>Richard Ionies.</HI></SIGNED>
<DATELINE>Lanmihangel.<LB>
<DATE><HI>Dcemb.</HI> 18. 1653.</DATE></DATELINE></CLOSER>
</DIV2>
<DIV2 TYPE="commentary">
<PB N="20" REF="11">
<P>The Replicant doth not in&s;i&s;t on this letter further then as an Ar|gument <HI>ad hominem,</HI> he being able (when impowered) to prove both the forcible entry, and the threats compelling the &s;igning of the &s;aid Bond with full and legall te&s;timony; and &s;ince he hath not his witne&s;&s;es at hand to te&s;tifie the exerci&s;ing of the demanded po&s;&s;e&s;&s;ion by the Colonels Officers on the 26 of <HI>Iuly</HI> la&s;t; nor can <HI>o&s;ten&s;ively</HI> evidence the Colonels privity to the Oath, and force otherwi&s;e than by his con&s;ent to both <HI>ex po&s;t facto:</HI> He, at pre&s;ent, onely offers that the&s;e may be reduced to an argument leading <HI>ad impo&s;&s;ible</HI><NOTE N="*" PLACE="marg"><HI>A.</HI> Or in|commo|dum.</NOTE> And &s;o humbly &s;ubmits.</P>
<P>Though this po&s;&s;e&s;&s;ion be not verbally cited in the acquittance, Yet, if his Officer had either forgot to demand it, or being demanded it had been denied him, whether the Deponent would not have confe&s;|&s;ed his forgetfullne&s;s, or te&s;tified of our &s;urprizeal of his Papers, ra|ther than conceal the whole proceeding as he doth in his affidavit.</P>
<P>Al&s;o, if with concatenation of the Colonel's proceedings (as ad|juncts and effects thereof) it be ob&s;erv'd how that about a moneth after his &s;o &s;pecious acknowledgement of &s;atisfactiont, the Deponent came to the Replicants Father with this &s;leevele&s;s arrand from Colo|nel <HI>Iones, viz.</HI> That he &s;hould take his mony again; for that the Colonel<NOTE N="*" PLACE="marg">B</NOTE> was now re&s;olved to out him of the Land. (The&s;e were his undeniable words.) And then how &s;ilently this affidavit-man came to the Colo|nel to <HI>London,</HI> where, upon his depo&s;ition before a Ma&s;ter of Chancery (a thing<NOTE N="*" PLACE="marg">C.</NOTE> denied to others) the final order was granted, and after|wards forcibly executed, without giving us the lea&s;t, much le&s;s the limited time of notice thereof; thereby wholly preventing our <HI>Plea</HI> of &s;atisfaction.<NOTE PLACE="marg">D.</NOTE></P>
<P>VVhether Colonel <HI>Iones</HI> can then probably be thought &s;o much a &s;tranger to both Oath and force, as in his an&s;wer he is plea&s;ed to pretend.</P>
</DIV2>
<DIV2 TYPE="document">
<PB N="21" REF="11">
<OPENER><SALUTE>May it plea&s;e your Highne&s;s,</SALUTE></OPENER>
<P>HAving thus manife&s;ted the proofs I had at pre&s;ent for what I al|leadged in my Petition, I attended Mr. <HI>Hatter</HI> therewith on the 19 day of <HI>May</HI> la&s;t (at his Office where I formerly had both lodg'd my Petition received Your Highne&s;s Order, and found the Colonels an&s;wer) and did for the &s;pace of three Moneths ince&s;&s;antly Solicit him to pre&s;ent it unto your Highne&s;s, untill at la&s;t being tir'd out with &s;o much fruitle&s;s attendance I knew no other means whereby I might hope for its acce&s;s then by commiting it to the Pre&s;s; That &s;o happily, it might light on &s;ome Rader &s;o con&s;cientious as to acquaint your Highne&s;s therewith.</P>
<P>And lea&s;t to pick the refutation of the Colonels An&s;wer out of my &s;ad &s;tory &s;hould be too tedious, I have &s;ince by a &s;hort comment directed where each e&s;&s;ential part thereof hath been evidentially re|plied to. The re&s;t of it being, at be&s;t, but meer Paralogi&s;ms, and there|fore requiring onely a logical Demon&s;tration that they are &s;o, which your Highne&s;s on your review of his an&s;wer may plea&s;e to ob&s;erve as followeth.</P>
<P><TABLE>
<ROW>
<CELL ROLE="label">An&s;wer.</CELL>
<CELL ROLE="label">Reply.</CELL>
</ROW>
<ROW>
<CELL><HI>Notwith&s;tanding his confidence in the &s;aid Petition to your Highne&s;s I &s;till affirm that I have taken no other cour&s;e to obtain my right then what was allowed and u&s;ed by other Purcha&s;ors.</HI></CELL>
<CELL>Although Colonel <HI>Jones</HI> his faculty hath hitherto prov'd &s;uccesfull, I &s;hall retain my confidence it will not always prevail to captivate your Highne&s;s rea|&s;on from di&s;cerning and judging for the truth; and that I have not &s;ugge&s;ted more in my Petition the forecited Certificates and Orders of the very Commit|tees will ea&s;ily evince: Neverthele&s;s, lea&s;t the peru&s;al of all tho&s;e be too great a trouble to your Highne&s;s il'e here joyn i&s;&s;ue with him, let him prove but that one &s;ingle a&s;&s;ertion, and I do hereby a&s;&s;ume as to the Land in que&s;tion, which he calls his Right, to be &s;ilent for ever.</CELL>
</ROW>
<ROW>
<CELL><HI>And for a Te&s;timonie thereof I have put into Mr.</HI> Sadlers <HI>hands the whole pro|ceedings from the beginning of that cau&s;e to the final Order therein; and de&s;ire no|thing but the fruit of tho&s;e legal proceed|ings.</HI></CELL>
<CELL>I humbly &s;ubmit whether he could po&s;&s;ibly lay down the whole proceed|ings and thereby not confute him&s;elf. However I conceive he &s;hould rather have left them in the Office with his An&s;wer, that &s;o I might have obtained a Copy of them in order to my Reply. But to leave his an&s;wer there on Record and for proof of its verity to urge tho&s;e Papers which he had committed to Mr. <HI>Sadlers</HI> private pocket is plain<NOTE N="*" PLACE="marg">Petitio Princi|pii.</NOTE> canting But I &s;pare him; &s;ince, really, I wi&s;h him not &s;o ill as that he &s;hould receive the fruits due to his legal proceedings.</CELL>
</ROW>
<PB N="22" REF="12">
<ROW>
<CELL><HI>And do humbly deny the u&s;ing of the lea&s;t &s;orce of Souldiers by me, or my directions, or privity, or any extraordinarie cour&s;e what&s;oever.</HI></CELL>
<CELL>What cour&s;es he took do appear out of the forecited Copies, whether they be ordinary I humbly &s;ubmit; as al&s;o whether his continuing in the Po&s;&s;e&s;&s;i|on forcibly raken by his Mini&s;ters doth not render the force his own. But, that it was done by his directions, in regard it was more than I could po&s;&s;ibly evidence, I never &s;ugge&s;ted it in my Petition, and therefore &s;hall in&s;i&s;t thereon no further than I have by my Argument, in <HI>Pag.</HI> 20.</CELL>
</ROW>
<ROW>
<CELL><HI>But that, being here in</HI> London <HI>I &s;ent the Orders obtained by the Committee of Ob&s;tructions in the Cau&s;e to the Countrey, to be put in execution according to the con|tents thereof, in the manner therein pre|&s;crib'd; and if there have been any pro|ceedings thereupon beyond their contents (as I believe there have not) Mr.</HI> Jones <HI>might, and may yet, complain to the Com|mittee of Ob&s;tructions, giving in the par|ticulars and the per&s;ons offending; and he will not, I conceive, have cau&s;e to com|plain for want of redre&s;s therein.</HI></CELL>
<CELL>This is &s;omething too broad to be comprehended within the compa&s;s of a Paralogi&s;m. Yet, to be civil to him, I let it pa&s;s for a <HI>Sophi&s;ma compo&s;itionis,</HI> or <HI>a dicto &s;ecundum quid ad dictum &s;impli|citer.</HI> There being one, and but one, Order &s;aid to be forcibly execured; and the obtaining of that upon an Oath of an Affidavit &s;ufficiently te&s;tifying him|&s;elf to be then in <HI>London.</HI> But, le&s;t your Highne&s;s &s;hould di&s;cern he was in the Countrey when the two fir&s;t Or|ders were &s;erved upon my Father; and that the Acquittance upon the payment of Rent was, after his peru&s;eal thereof, &s;igned in full acknowledgement of &s;ati&s;|faction, as by the &s;aid Acquittance, pag. 15 doth appear. Nor, though the Chro|nology of his own Papers, pag. 15. <HI>B.</HI> and <HI>A.</HI> do manife&s;t the contrary, would he fain be believ'd to be in <HI>London</HI> al&s;o; to the end that this &s;atisfaction might be thought acknowledged by the ignorance of his Officer, and not by his cunning, who well knew I &s;hould have repaired up to plead to that Order had he demand|ed any other Po&s;&s;e&s;&s;ion by it than an atturnment; &s;ince its penalty was but to be taken into cu&s;tody. Therefore it was his wi&s;dom rather to &s;end his Officer, ju&s;t as he was going to <HI>London,</HI> to offer us our money again; and upon our refu|&s;al to follow him up to &s;wear as is cited, pag. 15. &amp; 16. And now al&s;o rather than that him&s;elf, <HI>A pious man fearing God and hating covetou&s;ne&s;s,</HI> might be &s;u&s;pected con&s;cious to this, why &s;hould he not, for once, adventure to put Order in the plural number, as well as for his &s;ervice &amp; advantage: AND in&s;tead of OR (as is &s;een pag. 13.) could be recorded by the Clerks of that Committee, to which I cannot blame him for directing your Highne&s;s to pa&s;s me over for relief (though after &s;entence) rather than you &s;hould de&s;cend to the &s;cannings of this particular.</CELL>
</ROW>
<ROW>
<CELL><HI>And for his pretence of my breath of promi&s;e (which I al&s;o humbly deny) it was alleadged by him at that Committee, and con&s;idered by them before the final Order in the Cau&s;e.</HI></CELL>
<CELL>If his humble denial of his promi&s;e doth outweigh the Te&s;timony of the &s;ix witne&s;&s;es cited, pag. 10.11. &amp; 12. Then I further affirm that he hath not pur|cha&s;ed &s;o much as the re&s;erved Rent on that Tenement at all. Since his pur|cha&s;e was made within nine dayes after the return of the Survey, as by pag 9. compared with pag. 10. doth appear, and whereas he, would per&s;wade your
<PB N="23" REF="12">Highne&s;s to look upon it as a thing improper for your examination (for that his inference mu&s;t nece&s;&s;arily drive at) I humble &s;ubmit, the badge your Highne&s;s hath adorn'd him with being con&s;idered, whether the Committees ordering no|thing upon their con&s;ideration of his promi&s;e and he &s;till tax'd with the breach thereof, doth not both in Ju&s;tice and Honour rather invite your Highne&s;s to do it? and con&s;equently manife&s;t this his Argument.</CELL>
</ROW>
<ROW>
<CELL><HI>And if any Officer of mine hath made any fallacious Oath (which I never heard at all &s;ugge&s;ted till in this Petition) I de|&s;ire no favour for any &s;uch per&s;on, but that he may &s;uffer according to the merit of his Crime. Yet if the fallacious Oath pretended was made before the Committee of Ob&s;tructions, I humbly conceive the Petitioners proper cour&s;e hath been to had excepted to it there, and made the fallacie of it to appear unto them.</HI></CELL>
<CELL><P>Although in the clo&s;e he pretends not to know where it was made, yet doth he not affirm he was ignorant of the Oath it &s;elf; but that he never heard it before &s;ugge&s;ted.</P>
<P>And how could it otherwi&s;e be? &s;ince the Oath, being privately taken before a Ma&s;ter of Chancery in the pre&s;ence onely of the Committees Me&s;&s;enger, was kept clo&s;e in his pocket untill up|on his depo&s;ition of the truth thereof as appears pag. 16. <HI>A.</HI> the final Order was granted, before I could po&s;&s;ibly either come, or &s;end notice of what had pa&s;t. But did he not know I look upon the Hand and not the Hatchet, I have rea&s;on to &s;uppo&s;e, ere he would thus de&s;ert his Officer in plain field, he would con&s;ider the Analogie of it to the late Vi&s;count <HI>Verulam</HI>'s quible to his &s;ervant <HI>Day;</HI> Of whom &s;tanding in the Pillory, his Lord&s;hip accidentally pa&s;&s;ing by, was heard to &s;ay he could then &s;ee day through a little hole, which when <HI>Day</HI> heard, he imme|diately di&s;covered his Lord&s;hips relation to the Crime he &s;uffered for, and &s;o brought him to de&s;erved &s;hame.</P></CELL>
</ROW>
<ROW>
<CELL><HI>And for my taking the Po&s;&s;e&s;&s;ion of my Lands in pur&s;uance of the Judgement and Order of the &s;aid Committee (and not by weapons, or other illegal cour&s;e) I hope it will be accounted ju&s;tifiable and hone&s;t.</HI></CELL>
<CELL><P>He can, during our Lea&s;e, pretend no Title to this Land, he calls his own, but an Order of the Committee grounded upon the Affidavit of his &s;ervant; which Affidavit Colonel <HI>Jones</HI> mu&s;t know to be, at lea&s;twi&s;e fallacious, &amp; which Or|der (notwith&s;tanding his denial) I am able to prove by multiplicity of witne&s;&s;es his Officers did not ob&s;erve, but proceeded thereupon as is expre&s;s'd pag. 19.</P>
<P>Therefore &s;ince it is too hard a ta&s;k for me to reduce this to any Logical So|phi&s;m, I &s;hall onely reply that <HI>Contrariorumeadem e&s;t ratio.</HI></P></CELL>
</ROW>
<ROW>
<CELL><HI>And the rather if it be con&s;idered that I did let pa&s;s above a whole year before I made my fir&s;t addre&s;s in the cau&s;e; all that while de&s;iring but the re|&s;erved Rent the Petitioner mentions, and withall po&s;&s;e&s;&s;ing him with the invalidity of his Lea&s;e, and of my unwillingne&s;s to take advantage thereof, unle&s;s forc'd by being driven to come by my Right by a trou|ble&s;ome and expen&s;ive cour&s;e at Law.</HI></CELL>
<CELL>He cannot prove that ever we heard of his de&s;ign to out us of the Land, un|till a Moneth after our payment of Rent &amp; Atturnment as afore&s;aid. Since when (though it co&s;t me twice its value with my hitherto fruitle&s;s endea|vours to &s;ave it) Colonel <HI>Jones</HI> can pre|tend to have been at no more charges than for the journey of his &s;ervant to come up to &s;wear, and for the Commit|tees Order thereupon. And as for our Lea&s;e, I po&s;itively affirm we never heard
<PB N="24" REF="13">the validity of it que&s;tion'd untill in this his an&s;wer. Yet admit I granted him his whole a&s;&s;ertion; I humbly conceive, the premi&s;es con&s;idered, it would ra|ther confute then corroborate the former. For, if the Land had been his own Right, why &s;hould he let pa&s;s a year without claiming it, or demanding Rent ac|cording to the value thereof if he conceived our Lea&s;e invalid, to be no better then a fair fallacie <HI>ab ignoratione Elenchi.</HI></CELL>
</ROW>
<ROW>
<CELL><P><HI>This being the true &s;tate of the Ca&s;e, and the Petitioner having all the Courts of Ju&s;tice open; I &s;ubmit it whether he hath just cau&s;e to trouble your Highne&s;s, or re|proach me at he doth in his Petition.</HI></P>
<P><HI>Phi. Jones.</HI></P></CELL>
<CELL><P>Let him prove his &s;uppo&s;ition and I ea&s;ily grant his inference. But how a Ca&s;e may be &s;tated by Negatives I un|der&s;tand not, more then how the Pa|pers in Mr. <HI>Sadlers</HI> pocket can, while they remain there be a Te&s;timony of his a&s;&s;ertion to your Highne&s;s; or what &s;hould induce him to pre&s;ent this to your Highne&s;s as the true &s;tate of the Ca&s;e, and other private Papers to Mr. <HI>Sad|ler;</HI> unle&s;s, upon con&s;ideration of the Gentlemans breeding, it may be pardona|ble to &s;uppo&s;e; he might conceive it manners to re&s;erve his verities for M. <HI>Sad|lers</HI> reading. However, My Lord, for my part, as to the truth of a Ca&s;e I am &s;o nearly related to, I &s;hall wholly refer my &s;elf to my proofs, and your Highne&s;s judgement thereupon; which I hope Col. <HI>Jones</HI> &s;hall not be able to di&s;wade you from affording me if I tell you, The whole Politicks record not a more excellent rea&s;on for placing the Supream power in one &s;ingle per&s;on, than that thereby the people may have a place of appeal from the in&s;olencies of State-Mini&s;ters.</P>
<P>La&s;tly, whereas he tells your Highne&s;s I reproach him in my Petition: I al&s;o &s;ubmit it whether <HI>Phi. Jones</HI> by &s;uch cour&s;es doth not rather reproach at lea&s;t|wi&s;e the Colonel and the Coun&s;ellor. Neverthele&s;s, my Lord, I avow it really, were this my own Ca&s;e, I would rather loo&s;e the Land than publi&s;h thus much of a per&s;on &s;o grac'd by your Highne&s;s.</P></CELL>
</ROW>
</TABLE></P>
<P>But while I live &s;eeing my aged Father &s;o unworthily dive&s;ted of his own un|der the colour of Ju&s;tice, if I cea&s;e not to beg but your Ju&s;tice, I hope &s;o far your Highne&s;s will be plea&s;ed to pardon the importunity of</P>
<CLOSER><SALUTE>My Lord</SALUTE><LB>
<SIGNED>Your very humble<LB> &s;ervant<LB> <HI>Ba&s;&s;ett Jones.</HI></SIGNED>
<DATELINE><HI>From my lodging near the<LB> white-hart Po&s;t-hou&s;e<LB> by</HI> Charing Cro&s;s.<LB>
<DATE><HI>Aug.</HI> the 21. 1654.</DATE></DATELINE></CLOSER>
<TRAILER>FINIS.</TRAILER>
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
