The Copy of a PETITION Presented to his Highness the LORD PROTECTOR, BY BASSETT JONES of Lanmihangel in the County of Glamorgan, Against Colonel Philip Jones, one of his Highness Council. With His Highness Gracious Order thereupon; The said Colonel's Answer, and The Reply of the said Bassett. To which, by way of an Apendix, are added such Papers as were made use of in the Cause which any way tend to the clearing of the Truth thereof. Quod licet vile est, & animus error Lentus injurias diligit. Petron. Arb. Printed in the Year, 1654. THe Letters and Figures in the margin are for Directions, to the place and page. of proof for that assertion, Noted[ *.] The annexed being true Copies of those Originals which the Petitioner shall produce upon demand. Ba. Jones. To his Highness OLIVER LORD PROTECTOR, The Humble Petition of Basset Jones, in the behalf of his oppressed Father. Sheweth, THat understanding by your Secretary, how Col. Philip Jones affirmeth he took no other course with your Petitioners Father, than other Purchasers usually did to recover their own; Your Petitioner is necessitated to this second address; Humbly offering to undergo the extremest of punishments, if he cannot Demonstrate to your Highness, that Col. Jones having purchased but * Fol. 10. B. the reserved Rent hath swept away the possession of the whole. By weapons, such as your Petitioner humbly conceives, the consciences of ordinary purchaser to be unacquainted with the use of, viz. His own breach of promise B. 11. and A. 12. The fallacious Oath of his Officer, & B. 16. and A. 15. The lawless force of his soldiery. A. 19. Prayeth therefore your Highness would vouchsafe to descend to a further consideration of this business, our oppression being unparalelled by President, & unrelieveable otherwise than by your Highness, Council, or Parliament; since the benefit of the forfeiture( if any be adjudged committed) not onely of this Lease, but of thousands more in the same condition, belongeth onely to your Highness, To whose pleasure we Humbly submit, and for your prosperity shall pray, BASSET JONES. Wednesday the 22 of March 1653. IT is his Highness pleasure that Col. Jones be acquainted with this Petition, and that he give his answer thereunto in writing. J. saddler. The answer of Col. Philip Jones to the said Petition, received April 25. IN obedience to your Highness Command, I Humbly return this answer to Mr. Bassett Jones his Petition. That notwithstanding his confidence in the said Petition to your Highness, I still affirm that I have taken no other course to obtain my right, than what was allowed and used by other purchases: And for a Testimony thereof I have put into Mr. Saddlers hands the whole proceedings from the beginning of that cause to the final order therein, and desire nothing but the fruit of those legal proceedings. And do humbly deny the using of the least force of Souldiers by me, or my direction, or privity, or any other extraordinary Course whatsoever. But that being here in London I sent the Orders obtained from the Committee of Obstruction in the cause to the country to be put in execution according to the Contents thereof in the manner therein prescribed: And if there have been any proceedings thereupon beyond their Contents( as I believe there have not) Mr. Jones might, and may yet, complain to the Committee of Obstructions, giving in the paraticulars and the persons offending: And he will not, I conceive, have cause to Complain for want of redress therein. And for his pretence of my breach of promise( which I also humbly deny) it was alleged by him at that Committee, and considered by them before the final Order in the Cause. And if any Officer of mine hath made any fallacious Oath,( which I never heard at all suggested till in this Petition) I desire no favour for any such person, but that he may suffer according to the merit of his Crime. Yet if the fallacious Oath pretended was made before the Commissioners of Obstructions, I humbly conceive the Petitioners proper course had been to had excepted to it there, and made the fallacy of it to have appeared unto them. And for my taking the possession of my Lands in pursuance of the Judgement & Order of the said Committee( and not by weapons, or other illegal course) I hope it will be accounted justifiable and honest; and the rather if it be considered, that I did let pass above a whole year before I made my first address in the cause, all that while desiring but the reserved Rent the Petitioner mentions, and withall possessing him with the invalidity of his Lease, and of my unwillingness to take advantage thereof, unless forced by being driven to come by my Right by a troublesone and expensive Course of Law. This being the true state of the case, and the Petitioner having all the Courts of Justice open. I submit it, whether he hath just cause to trouble your Highness herein, or reproach me as he doth in his Petition. Phi. Jones. The humble Reply of Bassett Jones, in the behalf of Richard Jones his Father, to the Answer of Col. Philip Jones, to a Petition lately presented by him to your Highness. Humbly sheweth, THat the said Answer, as he humbly conceives, is very evasive and impertinent, insisting merely on negatives, and not at all, precisely, mentioning matter of fact; which he likewise conceives the said Col. ought to have done, as that which was the onely means and way to satisfy your Highness of the truth of the complaint. Besides, this Replicant further saith, that somethings as to matter of fact, are there very ambigiously and imperfectly stated, and most things misrepresented; as by the annexed Copies may, and shall further be made appear to your Highness, or whomsoever you shall inpower to hear the business, upon Commission granted to examine our witnesses. What papers the said Respondent hath left in the hands of Mr. saddler, this Replicant is ignorant of; as having never seen them: But doth aver and is ready to prove, That Col. Jones did take other courses to obtain, that which he termeth, his Right then were Legal, & such as is not known to have been used by, or allowed to, any other Purchasers, though he in his Answer is pleased both to affirm and deny the same. And that this may the better be made to appear to your Highness, This Replicant shall now lay open all those particulars which the said Col. endeavours to conceal; humbly referring himself to your Highness Justice, which Col. Jones in his Answer seems so much to avoid and decline: In directing the cause should be brought back to the Committee for removing Obstructions, where he knows this Replicant is not relieveable; It having been by them already declared that neither the Lease nor the Promise is there Cognoizable. The Case. The Replicants Father Richard Jones had a Lease bearing date 1o. Carol. for 99 years( if three lives should last so long) granted unto him at the reserved Rent of 3 l and two Capons yearly( valued in the Survey upon improvement at 13 l.— 10 s. per annum) by Edward earl of Worcester, Fol. 10. of a messsage and certain Lands within the mannour of Wrinston and Michaelston, which he accordingly enjoyed until the estate of the said earl was to be sold for the respective Tresons of Henry late earl, and Ed. now earl of Worcester. This Lease was returned in the Survey to Drury-House, and a Letter of Attorney for preemption of the states interest therein given( and at the Committee lodged * Fol. 11. in time) to Mr. Patrick boil. But soon after Col. Jones, inter alia, contracting for the former Mannor( though before the time that by the Act they were saleable in regard of the right of preemption reserved to the tenants) The Trustees took this preemption into further consideration, See A. 9. and A. 10. with the Act, in pag. 1381. and thereupon suspended the ensealing of the Col. Conveyance, in regard the Rent duly claimed by the said Letter of preemption was involved therein. Whereupon, Col. Jones made a * B. 12. & A. 12. promise unto the Trustees, & the attorney of the said Richard, that he would convey unto the said Richard the said reserved Rent, at a reasonable and usual rate; as by the annexed Certificate and Affidavit doth appear. On consideration whereof, the said Conveyance was signed. But afterwards, the said Attorney repairing therefore with a Letter from the said Trustees to the said Col. he utterly denied his said promise, and the * B. 12. performance thereof. Upon this, the said Richard did by his said attorney repair to the said Committee at Worcester-House, praying that they would by some means obtain unto him from the said Col. the performance of his promise, as aforesaid. But to across those proceedings, the said Col. procured a Summons from that Committee requiring the said Richard to appear and show cause why he did not either pay him Rent, * A. 12. or yield Possession. In Obedience to which, the Replicant repaired to London, prepared to pled to the Legality of the Colonels Conveyance otherwise, then as ratefied by the Replicants acceptance of his promise. But finding nothing * See fol. 13 & A. 14. objected to him, and after attendance on the business sometime in the Town, he returned home. In the Replicants absence, the said Colonel, or his Agents by his directions, did renew the complaint, and, without the knowledge of the Replicant,( though no more than the said reserved Rent can be pretended to be * B. 10. B 13. paid for) obtained an Order, by which the Replicants Father was required to pay Rent, * AND deliver Possession. So that whereas the words in the Order of Summons were, Or Possession, the Order thereupon obtained by surprise saith, And Possession. A thing which( as the Replicant humbly conceiveth) was clearly out of the power of the said Committee to grant, otherwise than as an Atturnment for the present, and Possession as to the reversion: Since the Right and interest of the said Richard in Law was confirmed by the Act of Sale, as pag. 1380. of that Act explicating, pag. 1375. doth manifest. Yet after some proceedings to and fro, which through the distance of the Replicants abode could not be so well managed, Colonel Jones obtained a confirmation of the said Order, and authorised * Fol. 14. Fol. 15. one charles Jones his Officer to serve it upon the said Richard Jones; who proffering the Rent and an acquittance to be signed by the said charles, was by him the said charles advised to keep his Money until the draft of the acquittance should be considered of by Colonel Jones,( who was then in the * B. 15. compared with A. 16. country and not at LONDON as in his Answer he is pleased to set forth.) Within a few dayes after, the said charles returned from the said Colonel, and accepting of all the Rent that was due to that 26. day of July, gave the said Richard an * Fol. 15. acquittance endorsed upon that Order annexed. It being verbatim the same with the draft advised of by the said Colonel. He also took * A. 20. possession of the said Lands as in reversion according to the usual Ceremonies, themselves then * See his answer to line 31. and B. 20. Fol. 16. pretending to understand it no otherwise. Nevertheless in October following the said charles came up to LONDON, where the said Colonel then resided, and before a Mr. of Chancery made the Affidavit* annexed. By which he doth not onely conceal the proceedings had passed in the interim, and the satisfactiont which under his own hand he had acknowledged; But also affirms the said Richard had denied the possession demanded; when indeed he had yielded it up * A 20. according to his Demands; and sent his servant along to show him the Lands, that he might accomplish the Ceremonies of Possession thereon as afore said. Upon this Affidavit, The Committee( before we could have * A. 17. compa. with A. 16. notice thereof, and consequently could direct our Attorney to pled to it) Ordered the said Richard to quit the Possession. And itis observable, that in this their final Order, the Committee was pleased to explain their precedent Order by the words * B. 17. Possessioni according to the purchase, which reaching onely to the reserved Rent and * C. 10. power of set and Let, as the Annexed doth Manifest, could without apparent injury to the * See the Petition. Common-wealth as well as tenant, be extended no further; unless it were in case of non-payment, which the said Richard cannot be charged with. As Philip David the bailiff, and the said charles Jones( notwithstanding his Affidavit) cannot upon Oath deny. Besides, the said Order did provide * C. 18. fourteen dayes notice to be given to the said Richard, before the Sheriff should be called to assistance. But without any notice at all given to the said Richard, or any related to him, * A. 19. Mr. Evan Lewis late Lieutenant under the said Colonel, now his brother in Law, did on the fourteenth of December last, come with the Deputy-Sherieff, and Souldiers from the Garrison of Caerdiff, and entered into the house of the said Rhichard's tenant, putting in the Souldiers to keep possession for that day, and the night following, until at last he constrained the tenant to sign a Bond to keep Possession for Colonel Jones; whereby the said Richard was dispossessed of all his right in the said Lease, which the said Colonel doth detain and enjoy to this day. Thus hath your Replicant laid open before your Highness the whole Process and Course of the Frauds, Injuries & Oppressions used by the said Colonel towards his aged and distressed Father, which he was forced particularly to lay down, because they have been continued with so much cunning and circumvention, that it were impossible otherwise to make them out. For, 1. A promise made in the presence of, and to the Trustees( who were unwilling to parcel out a thing of so small a value out of a great Conveyance) is manifestly violated. 2. Circumvention and surprizeall in proceedings are made use of. 3. A Fallacious Oath, not to say Perjury and that as may probably be supposed by Combination. 4. Open and illegal force, and a forcible detention of an illegal possession. May it therefore please your Highness to consider all this; and out of your gracious and righteous judgement, to order the whole matter to be( if that be deemed necessary) further scanned by some honest and impartial men, who may be inpowered to examine witnesses on both sides, and report the same to your Highness. And not turn your Replicant over to the Law, where the last Order of the Committee of Obstructions rendered him unrelieveable, neither back again to Worcester-House, your Replicant having had such woeful experience * A. 12. compred with A. 13. of the power and influence of the said Colonel there. That necessitates him humbly to implore your acceptance of this his appeal to your Highness, who, as you are Lord Protector of the three Nations, so are you the most proper chancellor between your counsellor and a Subject. Basset Jones. Hereafter follow the proofs which the Replicant hath at present for the respective assertions in his Petition, and reply suggested. The Trustees Certificate of Colonel Jones his Purchase. THe Mannour of Wrinston, in the County of Glamorgan, late parcel of the Estate of Edward earl of Worcester was sold on the* 13 day of February 1651. unto Philip Jones Esquire and others on the behalf of the Brigade of Colonel Horton, for, and during the lease of the said earl, without impeachment of waste, with power to make Leases, 21 years, or any other Term determinable upon one, two or three Leases. In which manner Richard Jones holds a Message and certain Lands by Lease from the said earl, dated the 22 of October, in the first of King Charles of the yearly value of 13 l. 10 s. under the yearly reserved Rent of 3 l. and two Capons, for the remainder of a Term of 99 years, determinable upon the lives of Rich. Jones, Basset Jones, and Edward Jones, all certified in the survey of the said Mannour to be living. And the said Philip jones and others, onely * B. purchased the said reserved yearly Rent of 3 l. and two Capons, with * C. power to make Leases as aforesaid. Henry Sealy. Ed. Tooks. W. Lisle. Sam. Gookin. Will. Robinson. John Smith Clerk. The Trustees Certificate of the Promise. To the Honourable the Commissioners for the removing of Obstructions in the sale of Delinquents Estates. The Certificate of the Trustees for the sale of the said Estates. IN pursuance of your Order of the 19 of june 1652. whereby the said Trustees are desired to state the matter of Fact upon the Petition of Richard jones Esq in reference to the purchase of a Tenement of Land in the Petition mentioned, being parcel of the Mannour of Michael ston, in the County of Glamorgan, and returned by Survey the * A. 4 day of Febr. 1651. to be late parcel of the Estate of Edward earl of Worcester. The said Trustees certify that the interest of the said Mr. jones of and unto the Tenement in the Petition mentioned was returned in the said Survey, and the pre-emption thereupon duly claimed as in the Petition is mentioned. That soon after the return of the said Survey, there being several Competitors for the said Mannour, The said Trustees exposed the same unto sale by the box, and the purchase thereof fell to Colonel Philip jones Esq as being the highest bidder for the said Mannour. That before the Conveyance of the premises was Sealed, the preemption of the said Tenement falling again into consideration. The said Trustees thought it more convenient, that the Petitioner should accept of a Conveyance of the said Tenement from the said Colonel jones,( at a reasonable rate) than to pass a single Conveyance of so small a thing themselves unto the said Mr. jones, which being propounded by the said Trustees unto the said Colonel jones, and Dr. Basset jones( who then dealt for the Petitioner) both the said parties after some debate attended thereunto, and the said Colonel jones * B. promised to Seal a Conveyance of the said Tenement accordingly. That shortly after the said Trustees Sealed a Conveyance of the whole Mannour unto the said Col. jones. But what hath since past between the said Col. and the Petitioner, the said Trustees have no certain knowledge of. All which we leave unto your grave considerations. Will. Skimmer. Math. Valentine. Henry Sealy. Will. Lisle. Arthur Samuel. Cop. Exam. Ed. Noel. Mr. Boils Affidavit of the Promise. PAtrick Boil of Clements Dane, in the County of Midlesex Gent. maketh Oath that he was employed as Agent by, and for Richard jones of Lamihangle in the County of Glamorgan Esquire, to solicit and purchase to the use of the said jones, by way of pre-emption, according to the directions of the first Act of Parliament for sale of Delinquents Lands, the States interest in a Tenement and certain parcels of Lands in the possession of the said Mr. jones, by Lease from the late earl of Worcester at the yearly Rent of 3 l. and two Capons. And that the said Deponent did put in his desire before the Trustees at Drury House, to purchase the same within the time limited by the Act, and that the said Trustees thereupon ordered him a day of Contract accordingly. Yet notwithstanding Colonel Philip jones purchased this Rent as involved within the Mannour of Wrinston, at a public Box, of which this Deponent being fore-advertised, he reminded the said Trustees of the said pre-emption, who thereupon answered that they did not, nor could effectually expose any more to the Box than the said Act authorized them, but it did not pre-emptions until 30 dayes were expired: Therefore they said they needed not except that out, being something of trouble so to do. And they further said, they would take care the Colonel should not pass his conveyance until this pre-emption were ratified to the Deponent. And accordingly the conveyance was stopped, until afterwards the said Colonel jones, and this Deponent being met before the Trustees. It was there then agreed, that this stop of his conveyance should be recalled, and that this Deponent should accept of a conveyance of the premises from Colonel jones upon the Deponents concession, to which request he the said Colonel jones there * A. Promised, the Trustees and the said Deponent, that immediately after their Sealing of his conveyance, he would upon demand reconvey the premises unto the said Deponent, or whom else he the said Deponent should think fitting; and that at such usual rates as such Estates were sold by the said Trustees, whereupon the Deponent gave way to the ensealing of the said Colonels conveyance. But afterwards when the said Deponent did accordingly repair unto him, and that fortified with a Letter from the Trustees, he the said Colonel jones absolutely denied, and refused the * B. performance of his said promise. Sworn May 10. 1654. P. Boil. Tho. bennet. The Order of Summons. By the Commissioners for removing of Obstructions in the sale of Delinquents Lands and Estates. May the 11. WHereas Col. John Okey and the rest of the Officers of Colonel Hortons Brigade in their Petition red this day set forth, That the Trustees for sale of the said Lands in pursuance of an Order of Parliament, conveyed unto the Petitioners certain Lands and Hereditaments in the County of Glamorgan, and that several parcels thereof are part of the Lordship of Wrinston, & are in the possession of Rich. Jones of the County, Esq who refuseth to pay the Rents due for the said Lands; OR deliver the Possession thereof unto the Petitioners praying Summons, &c. Ordered, that the said Rich. Jones, be hereby summoned to appear before us, or some other on his behalf, at Worcester-House, in the Strand, Middlesex, upon Wednesday the 22 of june next, having 21 dayes notice before of this Order, to show cause wherefore he refuseth to pay the Rent due by him for the premises. * A. See 13. A. OR deliver the Possession thereof to the Petitioner according to their purchase; And hereof he is not to fail. Henry Pit. John Berners. John Parker. Fran. Musseden. The Order thereupon obtained by surprise, and falsely citing the said Summons. By the Commissioners, for the removing of Obstructions in the sale of Delinquents Lands and Estates. June 29. WHereas Col. John Okey, and the rest of the Officers of Col. Hortons Brigade having in their Petition alleged, that the Trustees for the sale of the said Lands, have in pursuance of an Order of Parliament conveyed unto the Petitioner certain Lands and Hereditaments in the County of Glamorgan: And that several parcels thereof are part of the Lordship of Wrinston, & are in the possession of Rich. jones in the said County, Esq who refuseth to pay the Rents due for the said Lands, and deliver up the possession thereof unto the Petitioners praying Summons. There issued forth thereupon, the 11 of May last, an Order of Summons for the said Richard jones to appear before us, or some other in his behalf, to show cause wherefore he refuseth to pay the said Rents due by him for the premises unto the Petitioners. * A. See A. 12. And deliver up the possession thereof to the said Petitioners according to their purchase. In pursuance thereof, Counsel onely appeared for the said Rich. jones, 22 of june last, in the cause; But did not * The business was not at all called that day. B. I. offer any thing for cause herein. And whereas it was this day alleged on the behalf of the said Petitioner in the presence of Counsel for the said Rich. Jones, that the said Rich. Jones, nor any for him, hath shewed cause wherefore he should not pay the Rents of the premises unto the Petitioners, and deliver up the possession of the premises unto them; And the said Counsel for the said Rich. jones having not any thing to offer for such cause, Ordered thereupon that the said Rich. jones do within 14 dayes next after sight or notice of this Order, pay unto the purchasers the Rents by him due for the Lands in his possession as aforesaid * B. and deliver up the possession thereof unto the said purchasers, or to whom they shall appoint to receive the same; And in case of fail herein to be sent for in custody to answer his contempt in the premises. John Parker. William Roberts. Robert Aldwoorth. Fran. Mussenden. The Order confirming it By the Committee for removing of Obstructions in the sale of Delinquents Lands and Estate. July the 12. 1653. WHereas in the cause upon the Petition of Col. John Okey and the rest of the Officers of Colonel Hortons Brigade, and complaint therein against Richard jones Esq for refusing to pay the Rents, and for to deliver the possession of certain parcels of Lands, part of the Lordship of Wrinston purchased by them. It was the 29 of june last Ordered that the said Rich. jones should within 14 dayes next after sight, or notice of this Order pay unto the said purchasers the Rents by him due for the Lands in his possession as aforesaid by the said Petitioners, and deliver unto them the possession of the said Lands in question; and in case of fail therein to be sent for in custody to answer his contempt in the premises. And whereas it was upon the 6 of July instant upon allegation made by the Counsel on behalf of the said Richard Jones, that the said Orders of the 29 of June was obtained in his * A. absence, whereby cause could not be shown wherefore the said Rents and the possession of the Lands should not be delivered up unto the said purchasers; Ordered that the execution of the said Order of the 29 of June made in this case should be suspended if it were not then executed. And whereas Counsels, or Solicitors on both sides appeared this day, and the Certificate made by the Trustees for sale of the said Lands upon the Petition of the said Rich. Jones being red, and Counsel for him heard what he had to offer for cause as aforesaid, and wherefore the said Order of the 29 of June last should not stand, and the said Order of the 6 of July made null. It was thereupon ordered. The said Order of the 6 of july aforesaid for staying of the said Order of the 29 of june aforesaid, be hereby made null and voided. And that the said Order of the 29 of june aforesaid, do stand to all intents and purposes thereupon. R. Aldwoorth. Fran. Mussenden. John Parker. Henry Pit. Charles Jone's Acquittance endorsed on the Original of the said Order. KNow all men, that I Charles jones of Walston in the Parish of Wenvoe and the County of Glamorgan have received of the within name Richard jones Esq( in his * A. obedience to this Order) the full sum of 4 l. twelve shall. and 8. being the whole Arrear both for Rent and duties due upon the said Richard jones, for the Lands mentioned in the said Order from his last payment of Rent to the then Bailiff, until this instant 26 of july; witness my hand hereunto subscribed. Charles jones. The Authority given by Colonel Jones under his hand and Seal unto the said Charles Jones, and by him delivered up unto the said Richard Jones. IN pursuance of an Order of the 29 of june last, and another confirming it of the 12 of july last, both from the Commissioners for removing of Obstructions in the sale of Delinquents Estates, I do, by virtue of power derived unto me from Col. John Okey, and the rest of the Officers of Col. Hortons Brigade, entrust and appoint Mr. charles jones of Walston, in the County of Glamorgan to demand and receive the Rents and possession of the Lands mentioned in the said Orders according * B. to the Tenor thereof. Given under my hand and Seal the 21 of july 1653. Phi. jones. Mark the date of this, and compare it with the time the said Charles sweareth he came to the said Richard's house; and then judge how the Col. could be then at London, as in his answer he affirmeth B. I. Mr. Charles Jones his Affidavit. CHarles jones of Wenvoe in the County of Glamorgan Gentleman maketh Oath, That he together with one Morgan Penry repaired on the * A. 22 of july last unto the house of Richard jones Esq for to serve him with two Orders from the honourable the Committee for removing Obstructions in the sale of Delinquents Estates; The one bearing date the 29 of June last, and ordering that the said Rich. Jones should within 14 dayes next after sight, or notice thereof pay unto Col. Okey and the other purchasers the Rents by him due for their Lands in his possession, and also deliver up the possession; And in case of failer herein to be sent for in custody to answer his contempt. The other bearing date the 12 of July last, ordering that a certain Order for staying of the said Order of the 29 of June was thereby made voided, and that that of the 29 of June aforesaid should stand to all intents and purposes; true Copies of both which Orders the Deponent with the said Morgan Peury( not finding the said Rich. jones at home) did there the 22 of july last deliver unto the wife of the said Richard jones. The same day the Deponent having met with the said Richard jones, he acquainted him with the said Orders and the contents thereof, with the leaving of the said Copies with his wife. And he further deposeth that, in * B. His acquittance on the Order endorsed proveth the contrary. I. B. pursuance of the said Orders & according to instructions and Authority to him given, he repaired again unto the said Richard jones, and demanded the Possession of the said Lands to the uses in the said Orders mentioned; which the said Richard Jones refused to deliver up, but still continueth in the Possession, thereof notwithstanding the said Orders, and the Deponents demand thereupon. JOHN JONES. Sworn the 3 day of October 1653. jo. page.. GEorge Hooper maketh Oath that he was present when the above name Charles jones did make Oath the 3 of October of the truth of the Affidavit above written before John page., and did then, receive it, and it is not since any way altered. George Hooper. Jur. * A. 24 of October 1653. Henry pit. Cop. Ex. Edw. Noel. The Committees final Order upon the said Affidavit, October * A. 29. 1653. By the Committee for removing Obstructions in the sale of Delinquents Lands and Estates. WHereas in the Case upon the Petition of Col. Okey, and the rest of the Officers of Col. Horton's Brigade, purchasers of certain Lands and Hereditaments in the County of Glamorgan, several parcels thereof being parcel of the Lordship of Wrinston in the tenor of Richard Jones of that County, Esq And complaint against the said Richard Jones for refusing to deliver the Possession of the said Lands, & pay the Rents due unto the Petitioners * B. according to their purchase. It was the 29 of June last Ordered, among other things, that the said Richard Jones should within 14 dayes next after sight, or notice of that Order deliver up unto the said purchaser, or to whom they should appoint to receive the same possession of the Lands detained as aforesaid. And whereas the 12 of July last, upon reading of an Order of the 6 of that month, whereby( upon the matter then offered by Counsel for the said Richard Jones) the said Order of the 29 of June was to be suspended, if the same were not then executed. And upon hearing of Counsel, or Solicitors on both sides, It was Ordered that the said Order of the 6 of july for staying the execution of the Order of the 29 of june aforesaid should be made null and voided, and that the Order of 29 of june aforesaid should stand good to all intents and purposes therein. And forasmuch as the said purchaser in their said Petition red this day allege, that the said Richard jones hath been served with the said Orders for delivering up the possession of the premises to the said purchaser, who refuseth to yield obedience thereunto; and Charles jones having made Oath that on the 22. of july last he repaired to the house of the said Richard jones, and left true Copies of the said Orders of the 29 of june and 12 of july with the wife of the said Richard jones; & the same day met with the said Jones, & acquainted him with the contents of the said Orders, & with his leaving copies with his wife as aforesaid. And that in pursuance of the said Orders he repaired again to the said Richard jones, and demanded of him the possession of the said Lands, who refused to deliver up the possession thereof; but still continueth the same notwithstanding the said Orders. Ordered therefore that the said Richard jones do * C. within 14 dayes after sight or notice of this Order, deliver up unto the said purchaser( or unto whom they shall appoint to receive the same) the possession of the said Lands by him detained as aforesaid. And in case of failer herein, that then, according to an Ordinance of Parliament of the 21 of November 1648. The Sheriff of the said County of Glamorgan do forthwith repair to the said Lands and Premises detained by the said Richard jones, & all houldings under him; And the possession so cleared to deliver up unto the said purchaser, or to whom they shall appoint to return the same. And to break open Gates, Hedges, &c. for clearing of the possession of the premises. And the said Sheriff is hereby authorized to commit to the next common Prison for one month such person, or persons as he shall find to resist him in the due execution of this Warrant. Cop. Exam. Edw. Noel. To my Son Basset Jones at London. Son, THis is to let you know, A. that upon the 14 instant Mr. Evan Lewis came with the Deputy Sheriff, his man, and two Souldiers from the Castle of Cardiff; and entered into the house where Robert John lives; putting in the Souldiers to keep possession that day and the night following. So that he was constrained to seal a Bond of some great penalty unto Christopher jenkin, with condition to hold possession thereof to the use of Colonel jones, and not to deliver the possession unto any other, unless forced thereunto by lawful authority. From thence they came to the Croft by the Meadow, where they made entry, and, after Ceremonies of entry made there also, they departed; without showing me any Order, or serving the House therewith onely they sent a soldier( after their departure) to acquaint your mother( my self not being within) that they had made entry as aforesaid; But did not make me privy to their authority either then or after. Which is the whole truth of their proceedings therein. Your careful Father Richard Ionies. Lanmihangel. Dcemb. 18. 1653. The Replicant doth not insist on this letter further then as an Argument ad hominem, he being able( when empowered) to prove both the forcible entry, and the threats compelling the signing of the said Bond with full and legal testimony; and since he hath not his witnesses at hand to testify the exercising of the demanded possession by the Colonels Officers on the 26 of july last; nor can ostensively evidence the Colonels privity to the Oath, and force otherwise than by his consent to both ex post facto: He, at present, onely offers that these may be reduced to an argument leading ad impossible * A. Or incommodum. And so humbly submits. Though this possession 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 confessed his forgetfulness, or testified of our surprizeal of his Papers, rather than conceal the whole proceeding as he doth in his affidavit. Also, if with concatenation of the Colonel's proceedings( as adjuncts and effects thereof) it be observed how that about a month after his so specious acknowledgement of satisfactiont, the Deponent came to the Replicants Father with this sleeveless arrand from Colonel jones, viz. That he should take his money again; for that the Colonel * B was now resolved to out him of the Land.( These were his undeniable words.) And then how silently this affidavit-man came to the Colonel to London, where, upon his deposition before a Master of Chancery( a thing * C. denied to others) the final order was granted, and afterwards forcibly executed, without giving us the least, much less the limited time of notice thereof; thereby wholly preventing our Plea of satisfaction. D. Whether Colonel jones can then probably be thought so much a stranger to both Oath and force, as in his answer he is pleased to pretend. May it please your Highness, HAving thus manifested the proofs I had at present for what I alleged in my Petition, I attended Mr. Hatter therewith on the 19 day of May last( at his Office where I formerly had both lodged my Petition received Your Highness Order, and found the Colonels answer) and did for the space of three Moneths incessantly Solicit him to present it unto your Highness, until at last being tired out with so much fruitless attendance I knew no other means whereby I might hope for its access then by committing it to the Press; That so happily, it might light on some Rader so conscientious as to acquaint your Highness therewith. And least to pick the refutation of the Colonels Answer out of my sad story should be too tedious, I have since by a short comment directed where each essential part thereof hath been evidentially replied to. The rest of it being, at best, but mere Paralogisms, and therefore requiring onely a logical Demonstration that they are so, which your Highness on your review of his answer may please to observe as followeth. Answer. Reply. Notwithstanding his confidence in the said Petition to your Highness I still affirm that I have taken no other course to obtain my right then what was allowed and used by other purchaser. Although Colonel Jones his faculty hath hitherto proved successful, I shall retain my confidence it will not always prevail to captivated your Highness reason from discerning and judging for the truth; and that I have not suggested more in my Petition the forecited Certificates and Orders of the very Committees will easily evince: Nevertheless, least the perusal of all those be too great a trouble to your Highness I'll here join issue with him, let him prove but that one single assertion, and I do hereby assume as to the Land in question, which he calls his Right, to be silent for ever. And for a testimony thereof I have put into Mr. Sadlers hands the whole proceedings from the beginning of that cause to the final Order therein; and desire nothing but the fruit of those legal proceedings. I humbly submit whether he could possibly lay down the whole proceedings and thereby not confute himself. However I conceive he should rather have left them in the Office with his Answer, that so I might have obtained a Copy of them in order to my Reply. But to leave his answer there on Record and for proof of its verity to urge those Papers which he had committed to Mr. Sadlers private pocket is plain * Petitio Principii. canting But I spare him; since, really, I wish him not so ill as that he should receive the fruits due to his legal proceedings. And do humbly deny the using of the least source of Souldiers by me, or my directions, or privity, or any extraordinary course whatsoever. What courses he took do appear out of the forecited Copies, whether they be ordinary I humbly submit; as also whether his continuing in the Possession forcibly raken by his Ministers doth not render the force his own. But, that it was done by his directions, in regard it was more than I could possibly evidence, I never suggested it in my Petition, and therefore shall insist thereon no further than I have by my Argument, in Pag. 20. But that, being here in London I sent the Orders obtained by the Committee of Obstructions in the Cause to the country, to be put in execution according to the contents thereof, in the manner therein prescribed; and if there have been any proceedings thereupon beyond their contents( as I believe there have not) Mr. Jones might, and may yet, complain to the Committee of Obstructions, giving in the particulars and the persons offending; and he will not, I conceive, have cause to complain for want of redress therein. This is something too broad to be comprehended within the compass of a Paralogism. Yet, to be civil to him, I let it pass for a Sophisma compositionis, or a dicto secundum quid ad dictum simpliciter. There being one, and but one, Order said to be forcibly execured; and the obtaining of that upon an Oath of an Affidavit sufficiently testifying himself to be then in London. But, lest your Highness should discern he was in the country when the two first Orders were served upon my Father; and that the Acquittance upon the payment of Rent was, after his peruseal thereof, signed in full acknowledgement of satisfaction, as by the said Acquittance, pag. 15 doth appear. Nor, though the Chronology of his own Papers, pag. 15. B. and A. do manifest the contrary, would he fain be believed to be in London also; to the end that this satisfaction might be thought acknowledged by the ignorance of his Officer, and not by his cunning, who well knew I should have repaired up to pled to that Order had he demanded any other Possession by it than an atturnment; since its penalty was but to be taken into custody. Therefore it was his wisdom rather to sand his Officer, just as he was going to London, to offer us our money again; and upon our refusal to follow him up to swear as is cited, pag. 15. & 16. And now also rather than that himself, A pious man fearing God and hating covetousness, might be suspected conscious to this, why should he not, for once, adventure to put Order in the plural number, as well as for his service & advantage: AND instead of OR( as is seen pag. 13.) could be recorded by the Clerks of that Committee, to which I cannot blame him for directing your Highness to pass me over for relief( though after sentence) rather than you should descend to the scannings of this particular. And for his pretence of my breath of promise( which I also humbly deny) it was alleged by him at that Committee, and considered by them before the final Order in the Cause. If his humble denial of his promise doth outweigh the Testimony of the six witnesses cited, pag. 10.11. & 12. Then I further affirm that he hath not purchased so much as the reserved Rent on that Tenement at all. Since his purchase 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 persuade your Highness to look upon it as a thing improper for your examination( for that his inference must necessary drive at) I humble submit, the badge your Highness hath adorned him with being considered, whether the Committees ordering nothing upon their consideration of his promise and he still taxed with the breach thereof, doth not both in Justice and Honour rather invite your Highness to do it? and consequently manifest this his Argument. And if any Officer of mine hath made any fallacious Oath( which I never heard at all suggested till in this Petition) I desire no favour for any such person, but that he may suffer according to the merit of his Crime. Yet if the fallacious Oath pretended was made before the Committee of Obstructions, I humbly conceive the Petitioners proper course hath been to had excepted to it there, and made the fallacy of it to appear unto them. Although in the close he pretends not to know where it was made, yet doth he not affirm he was ignorant of the Oath itself; but that he never heard it before suggested. And how could it otherwise be? since the Oath, being privately taken before a Master of Chancery in the presence onely of the Committees Messenger, was kept close in his pocket until upon his deposition of the truth thereof as appears pag. 16. A. the final Order was granted, before I could possibly either come, or sand notice of what had past. But did he not know I look upon the Hand and not the Hatchet, I have reason to suppose, ere he would thus desert his Officer in plain field, he would consider the analogy of it to the late Viscount Verulam's quibble to his servant Day; Of whom standing in the Pillory, his Lordship accidentally passing by, was heard to say he could then see day through a little hole, which when Day heard, he immediately discovered his Lordships relation to the Crime he suffered for, and so brought him to deserved shane. And for my taking the Possession of my Lands in pursuance of the Judgement and Order of the said Committee( and not by weapons, or other illegal course) I hope it will be accounted justifiable and honest. He can, during our Lease, pretend no Title to this Land, he calls his own, but an Order of the Committee grounded upon the Affidavit of his servant; which Affidavit Colonel Jones must know to be, at leastwise fallacious, & which Order( notwithstanding his denial) I am able to prove by multiplicity of witnesses his Officers did not observe, but proceeded thereupon as is expressed pag. 19. Therefore since it is too hard a task for me to reduce this to any Logical Sophism, I shall onely reply that Contrariorumeadem est ratio. And the rather if it be considered that I did let pass above a whole year before I made my first address in the cause; all that while desiring but the reserved Rent the Petitioner mentions, and withall possessing him with the invalidity of his Lease, and of my unwillingness to take advantage thereof, unless forced by being driven to come by my Right by a troublesone and expensive course at Law. He cannot prove that ever we heard of his design to out us of the Land, until a month after our payment of Rent & Atturnment as aforesaid. Since when( though it cost me twice its value with my hitherto fruitless endeavours to save it) Colonel Jones can pretend to have been at no more charges than for the journey of his servant to come up to swear, and for the Committees Order thereupon. And as for our Lease, I positively affirm we never heard the validity of it questioned until in this his answer. Yet admit I granted him his whole assertion; I humbly conceive, the premises considered, it would rather confute then corroborated the former. For, if the Land had been his own Right, why should he let pass a year without claiming it, or demanding Rent according to the value thereof if he conceived our Lease invalid, to be no better then a fair fallacy ab ignoratione Elenchi. This being the true state of the Case, and the Petitioner having all the Courts of Justice open; I submit it whether he hath just cause to trouble your Highness, or reproach me at he doth in his Petition. Phi. Jones. Let him prove his supposition and I easily grant his inference. But how a Case may be stated by Negatives I understand not, more then how the Papers in Mr. Sadlers pocket can, while they remain there be a Testimony of his assertion to your Highness; or what should induce him to present this to your Highness as the true state of the Case, and other private Papers to Mr. saddler; unless, upon consideration of the Gentlemans breeding, it may be pardonable to suppose; he might conceive it manners to reserve his verities for M. Sadlers reading. However, My Lord, for my part, as to the truth of a Case I am so nearly related to, I shall wholly refer myself to my proofs, and your Highness judgement thereupon; which I hope Col. Jones shall not be able to dissuade you from affording me if I tell you, The whole politics record not a more excellent reason for placing the supreme power in one single person, than that thereby the people may have a place of appeal from the insolences of State-Ministers. Lastly, whereas he tells your Highness I reproach him in my Petition: I also submit it whether Phi. Jones by such courses doth not rather reproach at leastwise the Colonel and the counselor. Nevertheless, my Lord, I avow it really, were this my own Case, I would rather loose the Land than publish thus much of a person so graced by your Highness. But while I live seeing my aged Father so unworthily divested of his own under the colour of Justice, if I cease not to beg but your Justice, I hope so far your Highness will be pleased to pardon the importunity of My Lord Your very humble servant Bassett Jones. From my lodging near the white-hart Post-house by Charing across. Aug. the 21. 1654. FINIS.