To the High and Honourable HOUSE of PEERS now in PARLIAMENT Assembled. The Humble Petition of John Levet Doctor of Laws, and Mary his Wife. prophesieth, THat Godfrey Copley Esq; being owner of divers manors and Lands in the Counties of York and Notting●… and he desiring much to prefer your Petitioner Mary his near Kinswoman, did upon his Death bed in Novembe●… Ninth of King Charles the First, make to her several Leases, and other Estates of Lands of good value 〈…〉 within seven dayes after dyed. That Francis Nevile of Cheet in the County of York Esq; and William Clayton Gent. to defeat your Petitioners, caus●… antedated Lease of some of the same Lands after the Death of the said G. Copley, as made to him the said Francis N●… to be forged, and attested by six several names of witnesses forged; and procured by bribes, tamperings, and leading Inter●…tories, Hugh Everard, John Swinden, James Moseley, and Robert Soreby, four of those six persons whose names 〈…〉 set to the said forged Lease as witnesses, to be either wilfully forsworn or deluded by the Conveyance and Release of I●… in Fenton and their Counterparts, and by a Conveyance of Newmillerdam and its Counterpart; and by a dead of Go●… Copley's Lands, out of which the Lady Portington had a Rent Charge of 70. l. per Annum; and by two other I●… of Grant, the one of the Parsonage of Sprotbrough, and the other of the Parsonage of plum-tree then pretended 〈…〉 made by Godfrey Copley to the said Francis Nevile, which are all specified in his own Interrogatories, Letters, and 〈…〉 proofs in the books, and whereunto, or to some of them, they had in the life time of the said G. Copley subscribed 〈…〉 names as witnesses. That to countenance this forgery, and other abuses tending thereunto, the said Francis Nevile, by the unlawful he 〈…〉 John bat Esq; then Escheator, and by bribing of John Goodhand Esq; then Feodary of the West Riding of the 〈…〉 Count of York, and by the said Nevile's embracing and bribing of William Jenkinson and others of a Jury impan●… by the said Escheator( the Jury summoned and returned by the Sheriff, of the said County of York, then appearin●… rejected by the said Escheator) corruptly caused an Inquisition after the Death of the said Godfrey Copley to be ta●… wherein the said forg●d Lease was found, and after forged, and unduly returned that Office also. That then the Defendant Nevile, colourably grounded a svit in the Court of Wards, against the Defendants Wil●… Copley, and edmond Hastings, and Mary his Wife, and having there produced the Defendant William Hawet, 〈…〉 other perjured witnesses, and upon a preagreement, combination, and collusion, with the said Copley and Hastings( knowing the said Lease to be forged) and by other unlawful means obtained a Decree in that Court, in a svit wherein 〈…〉 Petitioner Mary was no party( though principally concerned) for allowance and further countenancing the said fo●… Lease. For which Forgeries, and for the said Defendants Nevile and Clayton their publishing of that forged dead, which 〈…〉 knew to be forged, and for the said misdemeanours, your Petitioners commenced a svit in the Star Chamber, where di●… Witnesses were examined, and the forgeries and Offences fully proved; but by reason of the said Francis Nevile's tam●…ing with, by himself and others, and by deluding, threatening, bribing, and corrupting some of the Defendants, 〈…〉 several witnesses in the Cause; and by reason of many wilful perjuries committed by the said Nevile, Clayton, and s●… others of the said Defendants, and by the perjuries of John Pollard, John Holdsworth, William Farburne, Rol●… Syddall, and other witnesses; And by reason of the said Francis Nevile's corrupting of James Gerrard, and Edw●… Coulson, Examiners of the Star Chamber. 1. To examine Witnesses unequally, and to falsify depositions. 2. To end 〈…〉 and disendorse witnesses names as examined upon the said Lease. 3. To deliver to the said Francis Nevile Depositions ou●… Court before publication. 4. To deliver the said Nevile the said Lease out of Court without order, that he might tamper u●… witnesses before he examined them; and by several Orders of that Court, whereby 1. Some of your Petitioners principal Pr●… were struck off by a reference and a report upon it. 2. The Charge of the bill was ordered to be given in one day, by which me●… some of the Petitioners charges were not touched at all, and the other but half opened. 3. But two witnesses were suffe●… to be red at the hearing to one point, so as the said Nevile having produced three false witnesses, and your Petition●… twelve honest witnesses to a point( as in truth was done) the said Nevile's three false witnesses were equivalent to 〈…〉 Petitioners twelve honest witnesses. 4. The Examiners foul miscarriages( though fully proved) were not suffered to be 〈…〉 at the hearing. 5. The Court would not grant your Petitioners leave at the hearing to make use of the said Defenda●… Answers made in other Courts about the said Lease. 6. That witnesses Depositions in other Courts were allowed to be r●… for the Defendants, but were not allowed to be red for the Petitioners; some of which Orders were never entred; yet t●… Court at the hearing held your Petitioners strictly to them; by which means Mr. Nevile's said Lease was justified 〈…〉 confirmed by the mayor part of the Votes of the Court, and your Petitioners Cause destroyed, and their Bill dismissed u●… great Costs, which they paid to the said Mr. Nevile. Now for that the said Forgeries are apparently proved in the said Court of Star Chamber, and your Petitioners are 〈…〉 to prove all the other exorbitant practices, and misdemeanours of the said Francis Nevile, and his Confederates, which 〈…〉 such, and so many, as have seldom been heard of in one cause, whereby a provision of 800. l. per Annum, was ta●… and hath been kept from your Petitioners for above 29 years last past. And for that the said Office, Decree, confirmation ●… cis Nevile's said Lease, and dismission of the Petitioners bill( all most unduly obtained) lying in your Petitioners way, ●… never hope for redress in any ordinary Court of Justice, but merely by an open and full hearing and knowledge of ●… se in this High Court. Your Petitioners most humble svit therefore is, That this most Honourable House would be pleased to rehear this Cause upon the Proofs of the Books taken in the Star Chamber, and of the Orders there made concerning it, and to suffer your Petitioners at the hearing to make use of all the Defendants Answers and Depositions, and likewise the Depositions of Witnesses which have been made or taken in other Courts concerning the said Lease. And that the said Francis Nevile may produce at the hearing his said Lease in question. And to give Order that the said Conveyance and Release of the Lands in Fenton, and the said Conveyance of Newmillerdam be then likewise produced by those whom they concern, or that have them in their custody. And that Francis Nevile produce at the hearing for discovery of the truth, his Counterparts of the said conveyances of Newmillerdam and of the lands in Fenton, and also of the Release of the said Lands in Fenton, and likewise his Deeds of the Reversion of the Lands of the Lady Portingtons said Rent Charge, and of the Parsonages of Sprotbrough and of plum-tree, which he pretends that Godfrey Copley had made unto him. And your Petitioners further pray, That if it may stand with Your Lordships good pleasure( as it did with the House of Commons, in their Appeal to them 29. Jan. 1640.) that they may produce at the hearing such Witnesses and Writings as can further manifest the forgery of the said Lease, and the Perjuries of the said Defendants and Witnesses; And likewise the Defendant Nevile's tamperings, subornations, and attempts to suborn, and bribe the Defendants, Witnesses, Examiners, and others. And that upon a full hearing, such damages and reparations may be given to your Petitioners, and such punishment inflicted upon the Delinquents, as the Justice and merits of the Cause shall require. And your Petitioners shall daily pray, &c. CHAP. I. The Forgery of Mr. Francis Nevile's Lease proved. §. 1. Mr. Godfrey Copley's Honesty. MR. Godfrey Copley was a very honest just dealing man, peaceable, charitable, Tho. Vincent A. 1. Int. 6. Leonard Wray A. 143. Int. 6. Sam. Bower A. 172. Int. 6. Ellen Nevile C. 1. Int. 2. kind to his Kindred and Tenants, and of good Abilities in his understanding. §. 2. Mr. G. Copley( being compos mentis) made the Petitioners two Leases six or seven dayes before his death. 1. Mr. Godfrey Copley upon the 12.& 13. of November 1633. made the Petitioner Mary two Leases, the one of his Purchased Lands, the other of the Mannor of plum-tree, and of all his other Lands in the County of Nottingham, and dyed the 19 day of the same Month of November. The one moiety of the said Leases is made to the Petitioner absolutely, Petitioners Leases of 12.& 13. Nov. 1633. the other moiety of them is made to Mrs. Mary Hastings in case she and her husband( the Defendant Hastings) do settle the Reversion of the Lordship of Bentley, in the County of York,( which the said G. Copley had formerly purchased in the name of the said Mary Hastings) upon the Petitioner Mary within one year, next after the said Godfrey Copley's Death: But in case they do not so settle Bentley upon the said Petitioner Mary, then the other moiety also is by him the said G. Copley, settled upon the Petitioner Mary for 99. years, in case the Petitioner Mary, and the said Mary Hastings, and one Mr. John Copley of Doncaster or any of them should so long live. Mrs. Hastings and her husband did not settle Bentley upon the Petitioner Mary, Edm. Hastings Fine Pasch. 11 Car. 1. Reg. but passed it away by Fine to Sir John bail and Mr. Jobson, so that thereby both the said Leases are solely the Petitioners. 2. Mr. Godfrey Copley made the Pititioners Leases upon his death bed, with these careful, pious, and affectionate expressions, viz. 1. He red and shewed his dead of power to make them to Henry show, who questioned it, and was angry with him for it, and said he would not do what he had not power to do, or what should be questioned after his death. 2. He then shewed his affection to be very much to the Petitioner, Hen. show A. 194. Int. 4. 5. 153. 159. 160. 161. 162. 163. 164. 166. and was well pleased that he had done so to her, and hoped that they would be a preferment to her, and that God would bless her well. 3. He said let them that will find fault with me turn the Buckles of their Girdles behind them, for he had made it too sure to her for the hurting her. 4. He said to the Petitioner, God bless thee, Godfrey Winter E. 17. Int. 4. 152. 165. I fear they( her Uncle and Aunt Hastings) will wrong thee of that means which I have left thee, and raise their fortunes out of thee. But serve God, and one way or other he will right thee. 5. Rob. Lund A. 127. Int. 4. 159. 162. Tho. Burley A. 157. Int. 159. He found fault with a Clause in the said Leases( to the Issue of the body of the said Mary Hastings) but the Company then present telling him, how Mary Hastings was old and not likely to have any Children, and it would be no prejudice to the Petitioner Mary, he ceased to move it any further. 6. He charged Mrs. Hastings to settle Bentley upon her the Petitioner, which she protested and vowed to do; and he said, If Bentley be not settled upon her, that then plum-tree, Geo. Holmes A. 116. Int. 4. 159. 163. and all his Lands in Nottinghamshire was too little for her. And if he lived to see her married to his mind, he would make her a better Match. 7. He caused Counter-parts to be made thereof, and given to Mr. Bower Pa●●on of the Parish, Rich. Elton A. 146. Int. 152. 154. 164. 166. and hoped that they would be a means to her from being cheated of her right therein. 8. He made the Petitioners Leases freely and of his own accord, and said, She is a good Wench and my near Kinswoman, one that feareth God, and therefore I will make her Leases. John Copley A. 92. Int. 161. 9. He said to Mrs. Hastings, Use a good Conscience, and deal well and faithfully with Mal Mote ( the Petitioner) for I have referred her wholly to your care, and if you fail therein, you must answer it before God Almighty. And he desired Mrs. Nevil that there might be no suits amongst them about his Estate, for he had left them all enough. ●… n. Bower 172. ●… t. 159. 10. He said when he had made the Petitioners Leases, I have now settled all things in peace, and I thank God, though I be weak in body, yet I am now of as good and perfect understanding and memory as ever I was in all my life. ●… len Nevils 1. Int. 4. 5. 11. He much affencted the Petitioner a good while before his Death, and seriously wished her preferment, and at his Death wished Mrs. Hastings to do her right, who protested and vowed to settle Bentley upon her; and G. Copley shewed himself much desirous that the Petitioner might enjoy what he had left her. §. 3. Francis Nevil's Oaths and acknowlegments that G. Copley had not left him any thing. ●… iz. Rogers● 3. Int. 1. 1. In the country about a fortnight before G. Copley's death, his Aunt Rogers saying to him, that he was unwise to leave G. Copley so near his death, unless he knew how he had dealt with him; Fran. Nevil replied with an Oath, that the said Mr. Copley had not given him any thing, but he hoped he would do well for him. 2. At London, upon the first news of Mr. Godfrey's death to Mr. Godfrey Copley of Lincolns-Inn a Bencher, and to the Lord Savile. First, To Mr. G. Copley, Francis Nevil said, Godfrey Copley is dead, and hath neither left you nor me any thing, 〈…〉. Copley A. 66 ●… t. 98. but had given his whole Estate to William Copley the Petitioner and others. But Francis Nevil said unto him, I will go into the country, and I will tell them that how they have wrought upon the old Man in his weakness, I do not know, but I have fair Deeds made unto me by the said Godfrey Copley, when he was in his perfect Memory, and I will scar them, but I have no more to show then thou hast; and bound it with an Oath or two: And spake words of disparagement of the defect of the said William Copley, to manage so great an Estate as was then left him by the said G. Copley. Secondly, To the Lord Savile,( saying to him there was a good Wind-fal to you by the death of Godfrey Copley) Francis Nevil replied, 〈…〉 Savile B. 17. ●… nt. 1. Nay, God, they say he hath left me nothing, but if I get down into the country, I shall shuffle amongst them for something. 3. At his return from ●ondon into the country, after G. Copley's Death, Francis Nevil told Mr. ●… ionis Cow●… ng A. 107. ●… nt. 98. Cowling at Doncaster,( asking him what Mr. G. Copley had given him) that he should have it all for Four pence: And then said that the Defendants Copley and Hastings, went away with the said G. Copley's Estate. §. 4. Francis Nevil's Award betwixt the Defendants William Copley and edmond Hastings at difference about the Petitioners Leases. ●… dm. Hastings ●… xam. 53. ●… nt. 12. ●… dm. Hastings● 67. Int. 12. ●… arth. Roulston A. 160. Int. 71. ●… 3. ●… ervas Eyr●. 86. Int. 1, ●…, 3. Francis Nevil, after G. Copley's Death, offered himself to make an Award betwixt the Defendants William Copley and edmond Hastings then at difference about the Petitioners Leases, and by his strongly suggesting to edmond Hastings that G. Copley had not power to make them, caused Mr. Hastings to waive her Leases, and to accept of a Lease of the drawn of plum-tree for 21. years paying 2 d. Rent from the Defendant Copley, and to give him 1400 l. for it, and bound them in 10000 l. Bonds apiece to stand to that Award; and Francis Nevil then expressed that G. Copley had left him nothing at all §. 5. Francis Nevil's Letter to the Lady Portington expressing the said Award and to whom G. Copley had left his Estate, and what he had left him. MAdam, ●ran. Nevils Letter Dec. 18. My duty remembered; In my return from London, my purpose was to have seen you, but partly fearing your not being at home, and partly drawn on with my Company, I took up my lodging at Sprotborough, where I mist the best Friend that ever man had; and instead of him, found differences betwixt all those to whom he left his Estate; and most implacable and unnatural ones, betwixt the Brother and Sister; My ever honoured Kinsman butted( as I heard) if with Christian, yet I dare say not with decent burial: I laboured to reconcile these swelling and blustering discords of my kindred, but being a Task too great for me, and a business that hung of so many strings, I desired them to nominate Friends, time and place for that purpose, which they did; so Anthony air of Rampton, Gervase air a Leicestershire man, Mr. John Copley, and my Self, were appointed: We met at Sprotborough, and after three dayes debate, ended the business as followeth; William Copley is to make a Lease of plum-tree Demesnes, to Mr. Hastings and his Wife for 21 years, if they live so long, paying two pence rent; Will. Copley is to release to Mr. Hastings and his Wife, all his Interest in the Mannor of Bentley. Will. Copley is to have all the goods at Sprotborough, save a little old Corn, and some little householdstuff, all not worth above 150 l. and the Stock there was valued to 1400 l. Mr. Hastings and his Wife are to have all plum-tree Stoc. k, Mr. Hastings and his Wife have 500 l. upon a Mortgage made to my Cousin Godfrey by Mr. Wray, and a Mortgage of William Copleys of Wadworth, Rob. Heywar●… Jurat. Isabel Rogers A. 110. Int. 105. Eliz. Rogers B. 3. Int. 13. Anthony Gilby B. 14. Int. 13. and to have ●o other benefit of their Executorship, save a aforesaid. My Mother goes away with the money, bills and Bonds. And thus you see a good mans estate miserable anat omized, whose funerals, if he have any, must be discharged by them both equally, I mean the Brother and Sister. I gave the Tenants that are your security for your 70 l. by year, warning to pay their rent to none but you, the Reversion of which Lands my Cousin hath given to me. I shall in the latter end of Christmas, sand you my Rent; and in the mean time, rest. Cheet this 18. December Concord. cum Origin. Your dutiful Nephew FRANCIS NEVILE. Note, Francis Nevile acknowledgeth in this his Letter Mr. G. Copley to be a good man( thus you see a good mans Estate miserable anatomised) for Mr. G. Copley a good man to make the Petitioners Leases upon his death bed, and to have made Francis Nevil a Lease of the same Lands a year before, is contradictio in adjecto, a mere contradiction. §. 6 Francis Nevile said to the Lady Portington, that as God should judge his Soul, he had nothing to do with G. Copley's Nottinghamshire Lands, but he had Leases of his Yorkshire Lands. Francis Nevile soon after the said Letter, swore to the Lady Portington, asking him who went ●ay with G. Copley's Nottinghamshire Lands, that as God should judge his soul, Isabell Rogers A. 110. Int. 101 114. Eliz. Rogers B. 3. Int. 2. he had nothing to do with any of them, but he had Leases of G. Copley's York-shire Lands, and before Supper he said they were witnessed only with Three Witnesses, and after Supper he said they had six Witnesses to them, to which the Lady Portington replied, Nephew hath my Table added Three Witnesses to them? burn them for you will have no credit by them. §. 7. Francis Nevile after all these Oaths, Letter, and Actions, produced his forged Lease of plum-tree and of G. Copley's other Nottinghamshire Lands, attested with six witnesses Names forged, as will thus appear. 1. Francis Nevile shewed it to Sir John Waidson after G. Copley's Death, for to reconcile him and the Defendant Copley about it, with the Names of Thomas Walker and Richard Elton only endorsed upon it as witnesses, and afterwards he shewed it to him again with the other four added to it. And Sir John Waidson then told him that his witnesses were well multiplied since he first saw it. He saith that Francis Nevile shewed his said Lease to him at his house in Cheet about the 14. 15. or 16. of December, next after G. Copleys Death, Sr. joh. Waidson B. 20. Int. 1. and told him that he was the first that ever saw it by his showing, and said then that it was given him by his Mother, and that he had had it in his hands about 5 or 6 dayes, and then there were only two witnesses subscribed and endorsed upon it ( viz.) Thomas Walker and Richard Elton; and Francis Nevile told him the reason why there were no more witnesses to it, was, for that his Mother and Mary Hastings endeavoured to get what they could one from the other, and took their Opportunities at such secret times, as they could best perfect their business, and therefore Francis Nevile told him that they could have no more witnesses unto it. Francis Nevile betwixt St. Int. 2. Stephens and New Years day following shewed him the said Lease● again at Cheet aforesaid. At which time there was an increase of Four witnesses names unto it, and then he told Francis Nevile that the witnesses were well multiplied since he last saw it. Francis Nevile when he first shewed him the said Lease, he also shewed him two or three other Leases with the same two Witnesses unto them, viz. Thomas Walker, and Richard Elton only, Int. 7. the one of certain Lands in Sprotbrough and other Lands, and the other of the Advowson of plum-tree, as made by the said G. Copley. At the second time at Cheet aforesaid, when he saw the increase of the Witnesses to the Lease now in question, he saw an increase of the same Witnesses to the other Leases likewise, Int. 8. and they were all shewed unto him by the said Francis nevil. Francis Nevile shewed him the aforesaid Leases, Int. 9. and desired him to deliver this Message to the Defendant William Copley( viz.) That he would give him all his right he had by any Act of G. Copley of his Lands in York-shire, and the Inheritance of Bentley, which G. Copley had lately given to Mary Hastings and Mary Mote, for his the said William Copleys Inheritance in plum-tree and his other Nottinghamshire Lands which are worth 20000 l. And if he could not recover Bentley by Law, he would purchase it for him, or else secure him as valuable Lands of his own both for Possession and Reversion. And he would content Mr. Hastings for his Interest, and give the Petitioner Mary 2000 l. to her Marriage, and this Message he conceiveth was the only reason why Francis nevil shewed him his said Leases. Sir John Waidson ex parte Francis Nevile. He saith; this is the same Lease that Francis Nevile shewed him with six Witnesses at Christmas 1633. Sr. joh. Waidson ex parte Defr. G. 1. Int. 9. and with but two witnesses at the time when Francis Nevile first shewed it to him, for that it containeth the same matter, for that the said Walker and Elton are Witnesses to it, and the other four Witnesses are the same that he saw to it at Christmas 1633. And he did see the same Lease when he was examined to it as witness on Francis Nevile's part at Barnesly, betwixt him and Mr. Hastings, to testify that he had se● it before, he delivered the messsage from Francis Nevile to Mr. Copley and Mr. Hastings. ●… t. 10. He acquainted both before and after Christmas 1633. the said Defendants, Copley and Hastings, with the said Francis Nevile's Leases, and he informed Mr. Hastings with the Lease of plum-tree in particular, and as he believes he deposed to the same effect at Barnesley in April 1635. Sir John Waidson is confirmed by these 4. circumstances. ●… r. Joh. Waidson●. 16. Int. 9 ●… ead the inter. ●… ob. Conyers ●… 38. Int. 2. 3. 1. By Fr. Nevile's interrogating of him, if the Parsonages of Sprotbrough and plum-tree were not the two writings he at first time shewed to him, being Witnessed only with two Witnesses. 2. By Francis Nevile's confession to Mr. Conyers that he did show his Lease now in question, to Sir John Waidson twice before, and in Christmas Hollydayes 1633. at his House in Cheet, and for the same reason that Sir John Waidson deposeth, viz. about reconciling some differences between him the said Francis Nevile and the Defendant William Copley. ●… rancis Justice 3. 33. Int. 2, ●…, 4. 3. By Sir John Waidson's intimating of it to his Servant Francis Justice at their first return from Cheet before Christmas 1633. Sir John said, that Mr. Nevile would have a good share in G. Copley's estate. And at their second return from Cheete in the said Christmas Sir John holding up his hands, said that Mr. Nevile had shewed him such writings that almost amazed him. ●… ir John Waid●… on G. 1. Int. 7. 12. ●… x parte Def. Darcy Washin●… on B. 55. Int. 1 Tho. Lewis B. 43. Int. 4. 4▪ By Sir John Waidson's revealing of it to Sir John Jackson immediately after he had seen it the second tim● and shortly after to the Defendant Copley, to Mr. Washington, and to Mr. Lewis, two years before the Petitioners intermarriage, and that because Francis Nevile used the Defendant Copley very unconscionably. 2. Tho. Walker( the first of the two Witnesses Sir John Waidson had onely seen endorsed upon it) denies his name upon it to be of his own hand Writing, and G. Copley's sealing and delivering of it. Tho. Walker B. 75. Int. 6. ●… 10. He saith that he neither knows nor believes that G. Copley did seal and deliver Francis Nevile's said Lease, neither is his Name to it of his own hand writing, and he knows it to be true, for that there are some letters in it, that he never makes in such a form, nor is it sealed with G. Copley's Seal of arms with which he usually sealed, when he sealed any writings. 3. Richard Elton ( the other witness) which Sir John Waidson had only seen, together with Tho. Walker at the Lease after G. Copley's death, denies his Name to be of his Hand-writing, and G. Copley's sealing and delivering of it. Rich. Elton A. 146. Int. 32. He saith that the Impression of the Seal to Francis Nevile's said Lease, is not like G. Copley's Seal, so far as he can judge thereof; an● he believeth that the Name of Rich. Elton endorsed on it, is not of his own hand-writing, for that he doth not use to make such Letters as some of those are, nor can he writ so good a hand; and he knows not of the sealing and delivering of it, nor ever heard it red, or saw it delivered. Interrogate this. 4. Interrogate. If Francis Nevile shewed not his said Lease to another witness without all exceptions after G. Copley's death, with the Names of Thomas Walker and Richard Elton endorsed on it as Witnesses, who then told Francis Nevile, that Richard Elton's Name to it was no whit like his own hand-writing, for Elton could not writ half so well; and before G. Copley's Office was found, Francis Nevile shewed him his said Lease again, and he then told the said Francis Nevile, that he had well amended Richard Elton's name to it, and made it far more like his Hand-writing, than it was, when he shewed to him before, onely he had mistaken in one or two letters in it, for which he thought Richard Elton would not justify it to be of his own Hand-writing. 5. The Perjuries or delusions of the other four Witnesses endorsed upon the said Lease, will further appear by their own Depositions and contradictions, and by the subsequent proofs. 1. Hugh Everard. Hugh Everard A. 13. Int. 8. He, John Swinden, James Moseley, Robert Soreby, and he is persuaded, Tho. Walker and Rich. Elton were Witnesses to some Writings Sealed and delivered by G. Copley and Francis Nevile, the one to the other severally, about 10. Decemb. 8. Car. They jointly sealed and delivered the Assurance of Fenton to him and Tho. Denton, for the use of Mrs. Cuttler. Int. 13. He at the same time, together with the rest of the Witnesses aforesaid, did all subscribe their Names as Witnesses To three Writings Sealed by G. Copley to Francis Nevile. And to one Sealed by Francis Nevile, to G. Copley. He formerly asked Francis Nevile whether G. Copley would willingly join with him in the sale of the Lands in Fenton; Int. 24. whereto he answered, he knew he would, for he would secure him by other lands in lieu thereof. He verily thinketh that Francis Nevile did give G. Copley security therein out of the Lands and milns of Newmillerdam, and it may be that thus much he hath declared to several persons. And he doth conceive, and ever hath done, that the Writings which were sealed by the said Mr. Copley, and not suffered by him to be red, did not any way concern the Estate of Newmillerdam. He doth not remember that the said dead of Newmillerdame, Int. 28. was red over to the Witnesses at the time of the sealing and delivery thereof. He at Wakefield at G. Copley's Office finding, Hugh Evera●… K. 8. Int. 20 gave evidence of the execution of writings then produced by Francis Nevile, and formerly executed by G. Copley to Francis Nevile. And at Barnsly and at Doncaster, hath been examined of all or some of the said Writings. Francis Nevile never gave or promised him in earnest any Reward or courtesy for testefying as aforesaid, other then one quart of Wine, and the merry offer of the Parsonage of plum-tree. The Lease now shewed to him is one of the same Leases. His Name endorsed as a witness thereof is of his own hand writing. It was executed in his presence in the life time of G. Copley at Sprotbrough about 10 December 1632. and in the presence of James Mosely, John Swinden, Robert Soreby and others. G. Copley did about 10. December 1632. Hugh Everard A. 13. Int. 3 seal and deliver divers Writings as his Acts and Deeds and he doth verily believe that the writing now to him shewed, is one of them, for that his name is by him endorsed on the Backside thereof as a witness. Thomas Denton was not present in the Room at the time of the sealing of the said Lease. He saith that his Name endorsed on the Backside of this Writing, now to him shewed, Int. 33. is of his own hand writing so far as he can judge by the sight thereof. He doth writ so plain a hand, as he thinketh it may very well be counterfeited, Int. 34. and hath been by Mr. Elmehurst's clerk, to a Copy of the Register Book of the Parish of Wosbrough sent to York. He saith that he is not certain whether the said G. Int. 19. Copley did deliver the said Writings to the said Francis Nevile or no, but thinketh that he did. Reply. 1. The Interrogatory to the Deposition K. 8. Int. 20. is leading. Hugh Evera●… K. 69. Int. 2●… red the Interrogatory. Gave you not evidence at Wakefield for Mr. Nevile's Leases? Have you not at sundry time since, at Doncaster twice, and once at Barnesly been examined concerning them. Note, He formerly deposed for it, mind him of it, and he will do it again. 2. The merry offer the Parsonage of plum-tree( worth 300. l. K. Int. 20. per Annum) is a fair Insinuation( if not a bribe) to animate him to depose for it. 3. He knew not the Contents, for G. Copley would nor suffer them to be red. A. Int. 24. How can he then depose absolutely for them? 4. His Contradictions or Perjuries. 1. In G. Copley's sealing and delivering of the said Lease. Francis Nevile's Lease is one of the said Writings, it was sealed and delivered by G. Copley. K. Int. 2●… contrary. He doth verily believe that Francis Nevile's Lease is one of them. A. Int. 35. Note, The former is absolute, the Latter is limited to his Belief. His Limitation is his legal deposition. 2. In the person to whom the said Lease was delivered. G. Copley then sealed and delivered three Writings to Francis Nevile. A. Int. 13 G. Copley executed them to Francis Nevile. K. Int. 20. Sealed and delivered by G. Copley& Francis Nevile, the one to the other severally. A. Int. 8. contrary. He is not certain whether the said G. Copley did deliver the said Writings to Francis Nevile or not, A. Int. 19. but thinketh that he did. Note. 1. He is a desperate( if not a perjured) witness, to depose certainly to three several Interrogatories and yet he is not certain. 2. What deposition is thinking that he did, for an Estate of 800. l. per Annum, and against such a Cloud of Witnesses, and the Act of an honest Gentleman upon his Death Bed( no time of dissimulation) and to the Petitioner his near Kinswoman, then but 12. or 13. years of Age, and merely out of his great affection to her, being born, bread, and then living in his house, and not desiring him to do it. 3. In the reason of his deposing for it, viz. his name to it to be of his own hand writing. He doth verily believe that Francis Nevile's Lease is one of them, A. Int. 35. for that his Name is by him endorsed on the backside thereof. His name endorsed as a Witness thereof is of his own Hand-Writing. K. Int. 20. contrary. His Name endorsed on the backside thereof, is of his own hand writing, A. Int. 33. so far as he can judge by the sight thereof. He doth writ so plain a hand, that he thinketh it may very well be counterfeited, A. Int. 34 Emanuel 〈…〉 D. 69. Int. and it hath been by Mr. Elmhursts Clerk to a Copy of the Register Book of the Parish of Wosbrough sent to York 4. In Thomas Walker and Richard Elton their subscribing their names to it as witnesses. He is persuaded that Thomas Walker and Richard Elton subscribed their names to it as Witnesses. A. Int. 8. contrary. He at the same time together with the witnesses aforesaid, did all subscribe their names to it as witnesses. A. Int. 13 Note, 1. In the 8. inter. he is but persuaded, in the 13. he is positive that Walker and Elton subscribed their Names to it as witnesses. A persuasion and a positive deposition is one and the same with him. Doth not he make himself a desperate witness? 2. Thomas Walker and Richard Elton have denied that they writ their names upon it, and gave good reasons for it. Do not they make him a perjured witness? 5. In the number of the private writings then sealed and delivered by G. Copley and Francis Nevile, and what he conceived they did concern, he is contradocted by five able witnesses. He was a witness to three Writings then sealed by G. Copley to Francis Nevile, A. Int. 1●. and to one sealed by Francis Nevile to G. Copley. 〈…〉. Int. 24. He doth conceive and ever hath done, that the Writings which were sealed by the said G. Copley, and not by him suffered to be red, did not any way concern the estate of Newmillerdame. contrary. ●… illiam Birks ●…. 108. Int. 24. ●… ill. Neschall●. 15. Int. 24. ●… ter Levet. E. 8. Int. 24. 25. ●… illiam Key●. 67. Int. 1. ●… manuel Mote ●ledge. 69. Int. 6. ●… hn Swinden●. 48. Int. 7. Hugh Everard acknowledged that there were but 2. or 3. private Writings then sealed and delivered betwixt G. Copley and Francis Nevile. And that Francis Nevile first sealed and G. Copley last, and that he did conceive, verily believe, and think in his soul and conscience, that they did only concern Newmillerdame and its Counterpart, and for that Fenton was passed away to him and the Feoffees wherein G. Copley was interested, that Newmillerdame was passed to G. Copley in lieu and satisfaction thereof. 2. John Swinden another witness to Francis Nevile's Lease. He, Hugh Everard, Thomas Denton, James Mosely, and Robert Soreby, went to the house of G. Copley in Sprotbrough, about 10. December 1632. to take an assurance of Fenton for Mrs Cutler's use. And there met with two other Witnesses, which he thinketh were Thomas Walker and Richard Elton. G. Copley and Francis Nevile did then and there jointly and severally seal certain writings to the number of five or six. Whereunto he, and the other persons aforenamed( except Mr. Everard to the Conveyance of Fenton) did endorse their names as Witnesses. He never met with the said Witnesses, nor ever was at the sealing of any other Writing at the house of the said G. Copley, at any other time but at the time aforesaid. ●… nt. 9. All the said Writings were then immediately sealed one after another. The three Leases sealed by G. Copley to Francis Nevile were first sealed and delivered. Francis Nevile's Writing to G. Copley was next sealed and delivered. The Conveyance of Fenton was last sealed and delivered and was red. ●… nt. 22. The Lands in Fenton were Francis Nevile's, and he had the money which was paid for them. Francis Nevile had made some Estate of them to G. Copley to secure him from some engagements, which he had entred into for Francis Nevile, and therefore G. Copley joined with Francis Nevile in the Conveyance of them. ●… hn Swinden●. 23. Int. 20. He gave evidence at Wakefield at G. Copley's Office finding, and twice since for some Leases executed by Godfrey Copley. This is one of them. His name unto it is of his own proper hand Writing. It was sealed and delivered by G. Copley to Francis Nevile, in the presence of him, Hugh Everard, James Moseley, Robert Soreby, all known to him and others then and there present, whom he knew not, who subscribed their names on the Backside thereof. He is persuaded the persons whose names are endorsed thereon, where the same persons unknown to him who thereunto endorsed their names. The Assurance of Fenton was the occasion of his going thither. ●… on Swinden ●… urt of Wards ●… l. 7. Int. 17. ●… ter Nevile& ●… astings. He saith that G. Copley delivered a Writing or Writings to Francis Nevile's use, about November was 2. years, to which his name is subscribed as a witness, which was not published in his hearing though he desired it. And saith that the same Writing or Writings after sealing and delivering thereof, were to his best remembrance delivered sealed up in a Box to the Complainant Francis Nevile's man William Hawet. Neither remembreth he who was present at the sealing and delivering of the said Writing or Writings save Mr. Everard and himself. 〈…〉. 48. Int. 37. G. Copley then said, Cousin Nevile, I deliver this as my Act and dead. Shortly after the said Writings were given in a box, to the said Mr. Nevile to his remembrance. ●… nt. 20. He saith that after he had written his name as a witness to the said Writings, he meddled no more with them, and remembreth not whether they were left on the Table or in the Room with the said writings which concerned the Lands in Fenton or no. ●… nt. 38. He deposed for Francis Nevile's said Lease, and his two other Leases at G. Copley's Office finding, but what Lands were comprised within the same, he knows not, for they were never red unto him. And the reason why he did so depose, was for that he did see his name written on the Backside thereof, as a Witness to the same. Reply. 1. The Interrogat. to K. 23. Int. 20. is the same that was to Hugh Everard, and is leading. 2. The Reason why he deposed for the said Lease, and Francis Nevile's other two Leases, at G. Copley's Office finding was, for that he did see his name written on the backside thereof as a witness. He knows not what Lands were in them, for they were never red unto him. 3. His Contradictions or Perjuries. 1. In the number of Writings then sealed and delivered by G. Copley. A. Int. 9. G. Copley delivered three Writings to Francis Nevile. contrary. ●… ohn Swinden Court of wards ●…. Int. 17. ●…. Int. 7. G. Copley delivered a writing or writings to Francis Nevile's use. 2. In the number of Witnesses to them. He, Everard, Thomas Denton, Mosely, Soreby, Walker, and Elton, did endorse their names to them as witnesses. contrary. ●… ourt of Wards● ol. 7. Int. 17 ●… ohn Swinden A. 48. Int. 35. He remembreth not who were present at the sealing and delivery of the said writing or writings, save Mr. Everard and himself. He remembreth not that Thomas Denton was in the Room when the writings were so sealed by G. Copley as aforesaid. Thomas Denton E. 6. Int. 7. Vide Francis Nevils Lease. Thomas Denton did not then see any other writings then what concerned Fenton there sealed and delivered by the said G. Copley, not was any witness to the same, for he went away. Thomas Denton is not endorsed as a witness upon Francis Nevile's Lease. Thomas Walker and Richard Elton have denied their names upon it to be of then ●n hand writing. ut supra. Is not this a Perjury? 3. In the Person to whom the said Writings were delivered after they were sealed. Shortly after the sealing and delivery thereof, the said Writings were given in a Box to the said Mr. A. Int. 37. Nevile to his remembrance. They were to his best remembrance delivered sealed up in a Box to Francis Nevile's man William Hawet. Court of War 7. Int. 17. A. Int. 20. He remembers not whether they were left on the Table, or in the room with the Writings of Fenton or no. Note. The interrogatory is, Were they left in the room whilst you stayed there, or were they taken away, and by whom? Will not this witness swear any thing? 4. In the number of the times of his being at the sealing of Writings at G. Copley's house. He never met with the said Witnesses, A. Int. 7. nor ever was at the sealing of any other Writings at the house of the said G. Copley at any other time, but at the time aforesaid. viz. 10. December 1632, contrary. The Conveyance of Fenton was sealed 10. Decemb. 8. Car. the Release the 13. of the same Month, S●. Gerv. Cut●… D. 59. Int. 5 Tho. Walker B. 75. Int.〈…〉 and Mr. Nevile was not there the latter time. Thomas Walker saw John Swinden twice there about sealing of Writings concerning Fenton. John Swinden is a witness to the sealing and delivering of the Conveyance and Release of Fenton, as will appear by the Deeds if produced, as is prayed Scio quia vidi. Is not this an absolute Perjury? Note, That Hugh Everard, and John Swinden,( the last two witnesses) are thus further infringed. 1. Ellen Nevile C. 1. Int. 2 They were not certain whether their names subscribed to the said Lease were of their own handwriting, or no, when the Defendant Hawet first shewed it to them, Insomuch that Hawet left it with them to consider of it. 2. Francis Nevile afterwards drunk a piece with them at Barnesly, and made them merry, St. joh. Waids●… B. 20. Int. 6. Ro. Bladen B. 41. Int. and then they remembered very well. 3. Hugh Everard and John Swinden at G. Copley's Office finding at Wakefield, deposed that they could not tell to whom G. Copley delivered the said Lease, yet four years after they depose positively, that he delivered it to Francis Nevile. 3. James Moseley a third witness to Francis Nevile's Lease. G. Copley and Francis Nevile in Decemb. 8. Car. james Mosely B. 101. Int. 1. sealed and delivered the Conveyance of Fenton to Hugh Everard and John Swinden( parties trusted to receive it) to the use of Sir Gervas Cutler his Sister, which occasioned then his being at Sprotbrough. He, Everard, Swinden, Soreby, and some others, whose names he hath forgotten, Int. 2. w●ere witnesses to several Writings then and there sealed and delivered by G. Copley to Francis Nevile. He was never at Sprotbrough when any writings were there sealed but that one time aforesaid. He was a witness to certain writings then and there sealed and delivered by G. james Mosel●… L. 57. Int.〈…〉 Copley to the use of Francis Nevile, Everard, Swinden, and Soreby, were witnesses to them. Thomas Denton was then present. He and Everard conceived them to be matters of secrecy. He verily believes in his Conscience, that Francis Nevile's Lease was sealed by G. Int. 3. Copley at Sprotbrough in his presence. He verily believes in his Conscience that his name endorsed thereon as a witness is of his proper hand writing. He doth believe in his Conscience that the names of Hugh Everard, John Swinden, and Robert Soreby, endorsed upon it as witnesses, are of their, and every of their proper hand writing. He wrote his name to all the writings sealed and delivered at Sprotbrough betwixt Mr. Copley, Mr. B. 101. Int. 2●… Nevile and Sir Gervas Cutler's Sister, which were red over, and not red over with one and the same Pen and Ink, and at one and the same time. All the said writings were not sealed at one and the same time, Int. 3. but there was some intermission of time between their sealing. G. Copley's Writings were last sealed after those to the use of Mrs. Cutler, but what they were he doth not know. G. Copley said unto him, and Hugh Everard desiring to know the Contents thereof, that they were matters of secrecy between him and his Cousin Nevile the Defendant, so they did not red them nor hear them red. G. Copley delivered the said Lease to the said Francis Nevile himself in person, and to his use, Int. 27. and by itself, and not with any other Writings. To whom the said G. Copley delivered those Writings of secrecy not red, he doth not know, Int. 14. but is verily persuaded they were delivered to Mr. Nevile's use. Reply. 1. B. Int. 29. He saith that he hath no other reason to induce him to depose that Francis Nevile's Lease now shewed unto him was sealed and delivered by the said G. Copley, but that he believeth the Name James Mosely thereunto endorsed is of his own proper hand writing. 2. His Contradictions or Perjuries. 1. In the person to whom it was delivered. They were delivered to Francis Nevile by G. Copley. B Int. 2●… Int. 27. G. Copley delivered it to Francis Nevile himself in person and to his use, by itself, and not with any other writings. contrary. 〈…〉 14. To whom G. Copley delivered those Writings of secrecy, he doth not know, but is verily persuaded they were delivered to Mr. Nevile's use. Note. 1. Is he not a rash witness to depose to two inter. that the said Lease was delivered to Francis Nevile, and in one of them to himself in person? And yet he knoweth not to whom it was delivered. Note. 2. Of what Validity is his persuasion, that it was delivered to Mr. Nevile's use, to blast the reputation of an honest Gentleman deceased, and to destroy the fortune of a Child and her relations. 2. In the time when the Writings were sealed and delivered. 〈…〉 28. He writ his name to all the writings then and there sealed and delivered with one and the same Pen and Ink, and at one and the same time. contrary. ●… nt 3. All the said Writings were not sealed at one and the same time, but there was some Intermission of time between the sealings. Note. Is not this Oppositum in apposito? How could he set his hand to them all as a witness at one and the same time, when they were not sealed at one and the same time? 3. He and Swinden contradict one another in the time of their sealing and delivering, and which was first, and which was last sealed and delivered. ●… es Mosely Int. 3. James Moseley saith that all the writings were not sealed at one and the same time, but there was some intermission of time between the sealings, and that G. Copley's writings were last sealed after those to Mrs. Cutler viz. of Fenton. contrary. ●… n Swinden 48. Int. 9. ●… ra. John Swinden saith that all the writings were then sealed immediately one after another, and that G. Copley's three Leases to Francis Nevile, were first sealed and delivered, and Fenton Conveyance was last sealed and delivered. 4. In the persons of the Trustees for Mrs. Cutler. ●… nes Mosely Int. 1. G. Copley and Francis Nevile delivered the Conveyance of Fenton to Everard and Swinden who were parties trusted for Mrs. Cutler. contrary. Everard A. ●…. Int. 35. sup. ●… Denton E. 6. ●…. 7. ●… nes Mosely● 1. Int. 2. ●… o. Denton ●… 6. Int. 7. ●… Everard A. ●…. Int. 35. joh. ●… inden A. 48 ●… t. 35. supra. ●… mes Mosely●. 101. Int. 2. ●… onveyance ●… Fenton dat. ●…. Decemb. ●… d the Release 3. Decemb. ●…. Car. Hugh Everard and Thomas Denton( not John Swinden) were parties trusted for Mrs. Cutlers Conveyance. 5. In Thomas Denton being present when G. Copley sealed it. Thomas Denton was present, when the writings of secrecy were sealed and delivered by G. Copley. contrary. Thomas Denton did not then see any other Writings then of Fenton sealed and delivered by G. Copley for he went away. Thomas Denton was not then in the Room or present, when G. Copley sealed the said Lease. 6. In the number of times of his being at the sealing of Writings at Sprotbrough. He was never at Sprotbrough when any writings were sealed there, but that one time being in Decemb. 8. Car. contrary. He was there twice ( viz.) 10. and 13. of the said Decemb. when writings were sealed there. The Conveyance and Release of Fenton if produced at the hearing( as is prayed by the Petitioners) will show it, and that he and John Swinden are all the witnesses to G. Copley's sealing and delivering of the Release, nor was Mr. Nevile there, for other witnesses are set to it upon his sealing and delivery of it, and it bears another date. 4. Robert Soreby a fourth witness to Francis Nevile's Lease. He deposed for it at G. Copley's Office finding at Wakefield. ●… ir Geo. Went●… orth. ●…. 14. Int. 2, 3. ●… r. Edw. Roads●. 19. Int. 2, 3. Francis Nevile produced some writing or writings supposed to be made by G. Copley at his Office finding at Wakefield, but they knew not what writing or writings they were, and there were only three, Hugh Everard, John Swinden, and Robert Sorely, that then gave evidence, that the writing or writings were sealed and delivered by G. Copley. Reply. 1. It's not directly proved that Soreby did then give evidence for the Lease in question, for Francis Nevile had two other Leases, which he pretended that G. Copley had made him then found in the said Office. 2. If he did give evidence for it, he knew not the Contents of it, for the other Three witnesses say that G. Copley told them it was a matter of secrecy between him and Francis Nevile, and that they neither red it nor heard it red. How then could he depose positively for it? 3. He deposed for it as the rest do, only because he saw his name endorsed upon it, as a witness, and experience teacheth that names have too often been and daily are counterfeited. 4. Robert Soreby's Name was endorsed upon the said Lease by the Defendant Clayton, after G. Copley's Death, and is of the said Clayton his running hand writing, as is proved infra. Hen. Flower M. 43. Int. 8. 5. The Petitioners sought for him, but could not find him that they might have examined him. 6. Francis Nevile did not examine him in this svit, least perhaps the Petitioners should across examine him. His own Guilt, Mr. Nevile's subtlety, or both might well cause his absence. §. 8. The number of Writings then and there sealed and delivered by G. Copley and Francis Nevile. G. Copley and Francis Nevile, Jo. Swind●n 〈…〉 48. Int. 7. sup●… did jointly and severally seal certain writings to the number of five or six, whereunto he, and the other persons aforenamed( except Mr. Everard to the Conveyance of Fenton) did endorse their names as witnesses. Note, This number were then sealed and delivered by them, besides this said Lease, and his other two Leases, found in G. Copley's Office, as will thus appear. G. Copley did then and there seal and deliver three or four writings to Hugh Everard and Tho. Tho. Denton 〈…〉 6. Int. 7. Hugh Everar●… A. 13. Int. 2●… supra. Peter Levet I●… 38. Int. 25. su●… Francis Nevil●… Letter to the 〈…〉 Lady Porting●…ton. 18. Decem●… supra. Francis Nevile Inter. to Sir 〈…〉 Waidson G. 1●… Int. 9. Thomas Proct. F. 1. Int. 5. Sr. Jo. Waidso●… B. 20. Int. 8. s●… J. Swinden 〈…〉 48. Int. 38. su●… Denton for Mrs. Cutlers use. Two or three writings were then and there sealed by them, which concerned Newmillerdame and its Counterpart. Note, John Swinden's number is already proved, Mr. Nevile will make them as many more. The Reversion of the Lands out of which the Lady Portington had a Rent charge, my Cousin Copley hath given me. The Advowson of the Parsonage of Sprotbrough made by G. Copley to Francis Nevile. The Advowson of the Parsonage of plum-tree made by G. Copley to Francis Nevile, which Francis Nevile shewed to Sir John Waidson after G. Copley's Death, with but two witnesses to it, Thomas Walker and Richard Elton, and afterwards with the increase of the other four witnesses. The Lease in question, and Francis Nevile's other two Leases, found in G. Copley's Office, added to these, doubleth John Swinden's number that he deposed for. Note, If all these be produced( as the Petitioners humbly pray) they will further manifest the Forgery of the said Lease, they will appear all in one dress ( viz.) to be of one date or thereabouts, of one hand writing, and of the Defendant Clayton's hand writing, all sealed with one seal, but( not with G. Copleys) all attested with the same witnesses; and then Francis Nevile's three Leases will be multiplied like his witnesses into six, and his witnesses will be thereby confounded, who have deposed but for three writings then sealed and delivered by G. Copley to Francis Nevile. §. 9. The writings then and there sealed by G. Copley to Francis Nevile were matters of secrecy between them. James Mosely desired to know the Contents of the Writings to which he subscribed his hand as a witness, and so did Mr. Everard, but the said Mr. Ja. Moseley I●… 101. Int. 3. su●… Copley replied they were matters of secrecy between him and his Cousin Nevile the Defendant. Note 1. If those Writings not red, were matters of secrecy between them, Francis Nevile then knew their Contents and what they were; But Francis Nevile knew not of said his Lease till after G. Nich. Broadley A. 4. Int. 53. Bryan cook I●… 8. Int. 53. Will. Berks. A 108. Int. 24. Will. Neschall E. 15. Int. 2. Peter Levet E 38. Int. 24. 25 Will. Key D. 6. Int. 1. Emma Mote. D. 69. I. 6. supra Inter. this Copley's death, at least a year after those writings of secrecy were sealed; Ergo, they were other writings and not his said Lease which were matters of secrecy. Note 2. The Writings of secrecy then sealed and delivered by G. Copley and Francis Nevile, were acknowledged by Hugh Everard only to concern Newmillerdame and its Counterpart, and that Francis Nevile had made a Conveyance of it to G. Copley, in lieu and satisfaction of his the said G. Copley's joining with Francis Nevile in the sale of Fenton to Mrs. Cutler. This is proved by these five witnesses. Note 3. G. Copley in likelihood to conceal Francis Nevile's being engaged to him( having then sold Fenton and Newmillerdames Conveyance to be made to him by Francis Nevile in lieu of it) told the witnesses they were matters of secrecy between them; Francis Nevile by this passage deluded four of his Witnesses. 4. Interrogate at the hearing, if the Defendant Clayton hath not acknowledged that he and Francis Nevile by the Counterpart of the Conveyance of Newmillerdame( after many trials to writ G. Copley's and the six witnesses names, and because they could not writ so well as Hugh Everard's name was written to it) set to it some of the witnesses names at the first time( which as Sir John Waidson hath deposed, were Thomas Walker's and Richard Elton's) and afterwards Francis Nevile writ the three witnesses names to his said Lease, which are in a kind of a Roman hand, and be the said Clayton writ the other three witnesses names to it, which are written upon it in a Secretary hand? or did not the said Clayton aclowledge to you some or what words to this effect? §. 10. Francis Nevile's Lease is not sealed with G. Copley's Seal of Arms, with which he always sealed his writings, and said that he never would seal any but with it, nor is his Name to it of his own hand writing. 1. G. Copley would never seal any writing but with his seal of Arms, and desired Mr. James Pinckney to disavow any writing produced after his death at his Act and dead if not so sealed. G. Copley sealed a Statute to him with his Ring, with four several Coats of Arms upon it, Tho. Vincent A. 1. Int. 127 and he then said to him that he never used to seal any writings but with that Seal. The Impression of the Seal to Francis Nevile's Lease in his judgement is not the Impression of the said Seal. G. Copley said to Mr. James Pinckney, offering him a seal to seal a Tenants Lease, and Walker A. 141. Int. 192. because he had not his own upo● him, you shall not, for I will never seal any Lease or other writing but with my own Signet; saying further to him, If you overlive me, and any writing shall be produced as my Act and dead, and the same not sealed with my seal of Arms, I pray you disavow it to be my Act and dead, for my Signet and hand shall al●ays go together. And G. Cpoley thereupon sent her into his Chamber, and she fetched him his sealed Ring, and he then and there told Mr. Pinckney, that he would never seal any Lease or dead but it should be sealed with that Signet, for his hand together with that seal, should ever go along at all writings which he sealed. 2. G. Copley sealed all the writings which he sealed( when Francis Nevile pretendeth that his Lease was sealed by him) with his Ring Seal of Arms. All the said writings which the said G. Copley sealed as aforesaid at Sprotbrough were sealed with one and the same Seal, ●… n Swinden● 8. Int. 16. ●… h. Elton A. ●… 5. Int. 16. ●… n Nevile● 1. Int. 8. which he thinketh was a Ring. All the writings which the said G. Copley sealed at the time aforesaid, 〈…〉 sealed with his own Seal, which had his Coat of Arms upon it, and was in a Ring which he come 〈…〉 carried at his purse. Mr. Godfrey Copley always sealed all writings that ever she saw him sea●●●th his Seal of Arms, and therefore she believeth that he sealed all the writings he then and there sealed with his Seal of Arms, and as she well remembreth he then pulled out his Purse, whereunto was his Ring with his Seal of Arms affixed to the string thereof, and with that Seal he sealed those writings she then saw him seal. ●… mas Walker 75. Int. 2. All the Writings which were sealed by G. Copley in his presence whereunto he was a witness, were sealed with one and the same Seal, being with his the said Mr. Copley's seal of Arms, and he doth very well remember, that to seal the said Writings, he pulled out his Purse, to the String whereof was fixed a Ring, wherein was engraven his Seal of Arms, and which seal he usually carried about him; and with which seal he sealed the said writings, and he took good notice thereof, and well remembreth that there was a good sum of money in the said Purse. 3. Mr. Nevile's Lease is not sealed with G. Copley's Seal of Arms, nor is his name upon it of his own hand writing. Nor hath Francis Nevile examined a witness to prove the Seal or hand to be G. Copley's. ●… lph Beomont ●… 86. Int. 127 G. Copley when he sealed him a Lease, called for his own seal, with which he sealed it, and the Impression of that seal is not like to the Impression of the seal to the writings now shewed to him. ●… nuel Bower ●… 172. Int. 7. He doth not believe that the Impression of the Seal affixed to the writing to him now showed, is the Impression of the seal of Arms of the said G. Copley, forthwith he did usually seal such Writings as he hath seen him seal, since he was acquainted with him. ●… m. Hastings● m. 53. Int. Mr. Nevile's Lease when he first saw it, was not sealed with the usual seal of Arms, forthwith the said G. Copley used to seal his other Conveyances and Leases, nor forthwith he sealed the Petitioners Leases, but with some other seal. ●… n Nevile● 1. Int. 12. The Impression forthwith this seal is pressed, neither is, nor ever was the Impression of G. Copley's seal of Arms, forthwith he sealed the Conveyance of Fenton, she doth not know nor believe that this dead was sealed and delivered by the said G. Copley to the said Francis Nevile. ●… an Smith● 188. Int. 31. The seal affixed to the Writing now to him showed, is not the seal of Arms of the said G. Copley. Neither doth he believe that the name of Godfrey Copley underwritten to the said Writing now showed unto him, was of the said G. Copley's own hand writing. And he the better knoweth so to depose, for that he served the said G. Copley as his Butler and Clerk three years together. Note, Mr. Nevile's Guilt was so great, as he durst not examine a witness to prove the hand or seal to be G. Copley's. Non testes, said testimonia rerum Judicis conscientiam informare debent. §. 11. Who writ Francis Nevile's said Lease and his Yorkshire Leases, and when, and where and what was given or promised for writing them? 1. Francis Nevile knows not who writ them, &c. ●… ancis Nevile● am. 18. Int. Francis Nevile knoweth not who writ his said Lease, not when nor where it was written, nor who procured it to be written; neither doth he know whether the Defendant Clayton writ it or not, nor what reward was given or promised for the writing thereof. ●… t. 24. He doth not know that the said Lease was written by the same man that engrossed another Lease of the same date, made to him by the said G. Copley, of the demesnes of Sprotbrough and other Lands for thirty one years. 2. The Defendant Clayton did not writ the said Lease, &c. ●… ill. Claxton● x●m. 1. Int. 2. William Clayton did not write the said Lease, nor doth he know, when or where it was written or who procured it to be written, nor had he any Reward given nor promised for writing it. Note, That Francis Nevile and William Clayton have perjured themselves, and that his said Lease, and his other two Leases found in G. Copley's Office, are of William Clayton's hand-Writing, and were written by him after G. Copley's death, as will thus appear. 1. Francis Nevile knows the Defendant Clayton's hand writing. ●… er Gleidhill● 101. Int. 1. Francis Nevile and the Defendant Clayton have been of long acquaintance, and Nevile hath employed Clayton in many of his Affairs, and in writing for him, and in Suits of Law, and he believes in his conscience that he is well acquainted with Clayton's hand writing. ●… ger Ap John●. 50. Int. 24. The Defendant Clayton hath made some Leases for Francis Nevile's Tenants, and he believes that Francis Nevile knows his hand writing, and Clayton made a Conveyance of a Cottage or two, which Mr. Francis Nevile purchased. 2. The Defendant Clayton writ Francis Nevile's said Lease, and his Yorkshire Leases after G. Copley's death, and Francis Nevile took them from him, without seals at them, and promised him 40 l. per annum for it, but not performing it; and for his the said Francis Nevile's Arresting Mr. Sunderland for 200 l. being Clayton's Surety to him, Clayton revealed it. But Francis Nevile hearing of it reconciled himself to him by Gifts and Loans of money to him and his Wife, and by freeing him from Arrests, and releasing of his own Letter of Attorney, to sue the said Clayton. Shee heard the Defendant Clayton say, that since the Death of G. Copley, Ellen Nev●… C. 1. Int. he had 〈…〉 ●rancis Nevile good Service as concerning G. Copley's Lands in Nottinghamshire, and as concerning a Lease of Sprotbrough, and that Francis Nevile had promised him 40. l. per Annum for it, but now his turn was served, he slighted him, and would not perform his promise, nor do him any other courtesy. The Defendant Clayton said, that Mr. Nevile then took from him the said Writings. Int. 16. She heard the said Clayton say, that he had made Leases of the said G. Int. 17. Copley's Lands in York-shire and Nottinghamshire for Francis Nevile. He hath at several times heard the Defendant Clayton say, Peter Glei●… C. 101. In●… that he had been employed by and for the Defendant Nevile, as well in Nottinghamshire as elsewhere abroad, and complained that Francis Nevile neglected him, saying, that now Mr. Nevile had got his own ends, he would do nothing for him. The occasion of these Speeches was, ●his demanding of Clayton 200 l. which Mr. Sunderland had paid to Mr. Nevile for the said Clayton. The Defendant Clayton after Christmas was Twelve months, at Isaac Wormall's house, Thomas Bre●… A. 47. Int.〈…〉 being told that he dealt ill with Mr. Sunderland to suffer him to be taken in execution, being but a Surety for him to Mr. Nevile; He answered that Francis Nevile had no reason so to prosecute Mr. Sunderland, for he had given him the Defendant Nevile directions to make Writings, whereby he had got into his Purse 7000 l. The Defendant Clayton said to him( telling him how the Defendant Nevile exclaimed of him to him) It's best for Mr. Nevile to be quiet or else I will tell. He heard the said Clayton say, that Mr. Thomas Rat●… C. 118. Int.〈…〉 Nevile had settled 10 l. a year upon his Wife if he the said Clayton should die before her. And that the Defendant Nevile had sent him a 100 l. for a Stock. He about four years since was bound to Francis Nevile for the Defendant Clayton at his request for 50 l. Samuel King A. 63. Int. 1●… principal Debt, and at Clayton's persuasion they then gave a Warrant of Attorney to aclowledge Judgements upon it, and Nevile then lent but 20. l. whereof he this Deponent had only 5 l. but Francis Nevile promised the other 30. l. when they came into the Country, and to pay the one half to the one, and the other half to the other, but he never paid any to him, nor to Clayton that he knew of, and shortly after the money was due, Francis Nevile took out Execution against this Deponent who paid Francis Nevile 59 l. in discharge thereof. The Defendants Nevile and Clayton have been long acquainted, Robert ●enso C. 50. Int. 1 and the said Nevile hath much befriended him, and freed him from some Debts for which he hath been arrested, and the Defendant Nevile hath employed the said Clayton in his Suits of Law, and he verily believeth that the Defendant Nevile doth well know the Defendant Clayton's hand writing. Henry Kitchen was bound with the Defendant Clayton to pay a certain sum of money( but how much he knoweth not) to Francis Nevile, and being sued for it, Mr. Int. 29. Medcalfe paid it for Kitchen to Nevile. Mr. Nevile made a Letter of Attorney to the said Mr. Int. 30. Medcalfe to sue the said Bond against the Defendant Clayton, and before the trial he made a Release or some other Act, which troubled Mr. Medcalfe and put him to much charge. He heard the Defendant Clayton say, he could have what money he would of the Defendant Nevile, Thomas Ratcl●… C. 118. Int. 2●… for that he had done him a courtesy. He being in company with Mrs. Ellen Nevile, at her Chamber in Grayes-Inne-lane, Robert Lund A. 127. Int. 4●… heard the Defendant Clayton then and there tell her that he writ Three Leases of all G. Copley's Lands for the Defendant Francis Nevile: But he said that he never saw them either sealed or delivered, nor said he who writ the witnesses names thereunto, but said that the Defendant Hawet could tell, and he then said that he writ the said Leases after the death of the said G. Copley. He heard the Defendant Clayton say, Thomas Ratcli●… C. 118. Int. 1●… he could produce the man that did writ the Lease now in question if need should require. Obadiah Martin and the Defendant Clayton at mar shortly after Michaelmas last, Lewis Wiggan A. 126. Int. 5●… being taking of divers Leases which Mr. Copley of Sprotbrough had made to the Defendant Nevile, asked him his name, and he told him Clayton; whereupon Martin replied, Are not you the man that made the forged Lease of plum-tree and other Lands, which the said Nevile claimeth to have from the said G. Copley? whereunto the said Clayton answered that he was the man that made the said Lease as aforesaid, further saying that he had made many Leases for the said Nevile, which he never saw sealed. And also then said, the Complainant had taken a wrong course to make him a Defendant in his svit, but if he had made him a witness and not a party, he would have spoken truth and done him more good therein. 3. The Defendant Clayton said he would deny that he writ the said Lease, because he was made a Party, and he was not bound by Common Law to accuse himself, and a Divine had told him, he might dispense with his Oath in that Case, and it was the safest way to save his ears. The Defendant Clayton came to his house at mar in October last, Thomas Lewis B. 43. Int. 1. and there of himself speaking of this svit, told him, that Dr. Levett had made him a Party, and said that thereby he would overthrow his Cause, for if he had reserved him for a witness, and made him no party, he said he could, and would then have done him good, and that no body else could do it but himself, and did entreat him to acquaint Dr. Livett with so much, and said then he would do him good; and his Wife could also be a witness for him, but if he continued him as a party, then he was not bound to accuse himself neither by the Common Law, nor by the Divine Law: For he had talked with a Divine to that purpose, who told him that he might in such a case dispense with his Oath, because it concerned himself as a party, and desired him also to acquaint the said Doctor with so much; which this Deponent was unwilling to do, they being both his friends, lest he should be brought in as a witness, yet the said Clayton did urge him to do it, although he told him that nevertheless he thought the said Doctor would make him a Defendant, whereupon the said Clayton answered, that if he did he would deny all. ●… jah Martin 122. Int. ●…. The Defend●●● Clayton shortly after Michaelmas last, came to Mr. Lewis his house in mar, where he heard the said Clayton entreat the said Mr. Lewis to move the Complainant Dr. Levett, that he would produce him as a witness, and not make him a party to this svit, further saying that if he was made a party, he would deny all the Charges that were or should be objected against him in the said Bill. And further then said that he had had conference with a Divine about the same, who had advised him so to do, and told him that he was not bound to betray himself in his Answer, if he was made a Party to the said svit, and therefore he the said Clayton was fully resolved not to swear or do any thing to hurt or prejudice the Defendant Nevile or his Leases: But said that if he had not been made a Party, but been produced as a witness in this Cause, he would have sworn the Truth. 〈…〉. 142. He heard the said Clayton then say that he was very desirous that the Complainant should not make him any party to this svit, further then saying, that if he did make him party thereunto, he would absolutely deny all the several Charges laid against him in the said Bill; but if would forbear to make him a party therein, and produce him as a witness, he would then swear the truth, and both would and could do him good therein. ●… onard Wray 143. Int. ●… 1. 142. The Defendant Clayton came to his house shortly after Michaelmas last, and speaking of this svit told him that Dr. Levett had done himself wrong, to make him the said Clayton a Party to the said svit. But if he had produced him as a witness and not made him a Party, he could and would have done the said Dr. Levett some good therein as a witness, further then saying that seeing he was made a Party, he would deny all the Charges objected against him, and this was the safest way to save his ears, and although he had spoken broadly heretofore of that business, yet now he would say or answer that he spake it in his drink. And he further then said unto him, that something was included in this little breast of his concerning that matter, which he would not divulge. 4. Francis Nevile's said Lease, and his Yorkshire Leases( found in G. Copley's Office) are of one hand writing, and of the Defendant Clayton's hand writing, and so is sealed and delivered in the presence of, and the names of Thomas Walker and Robert Soreby upon the said Lease in question are of the Defendant Clayton's running hand writing. ●… mon Fawcet●. 113. Int. 19. He was the Defendant Clayton's Brothers Clerk, and is very well acquainted with the Defendant Clayton's hand writing, and doth believe that Mr. Nevile's Lease of plum-tree is of the hand writing of him the said William Clayton, for that the same is written with the very Character of him the said William, although some words are made to differ from his hand, and are written with a fuller Letter then he did usually writ. ●… nt. 23. He telling Mr. John Clayton( the Defendant Clayton's Brother) that he thought the Complainant would examine him, if he knew the Lease in question to be of the Defendant Clayton's hand Writing, unto which Mr. John Clayton replied, that there was no question but it was his hand writing. ●… n●. 28. He doth verily believe that the Defendant Clayton writ the Witnesses names endorsed on the back of the said Lease, name Thomas Walker and Robert Soreby, being Wtitten in Secretary for that it is very like his running hand. ●… ho. ratcliff C. 118 Int. 19. He hath seen divers Writings written by the said William Clayton both in paper and parchment, and is well acquainted with his hand Writing. He doth believe that the Writing now shewed unto him is of the proper hand Writing of him the said Wiliam Clayton, for that the Characters of the Letters, and the fullness of the hand are very like the Character of him the said William, and especially for that the words( sealed and delivered in the presence of) on the backside of the said Writing, are as he believeth in his Conscience, his the said William Clayton's own hand Writing. Int. 22. He saith that so far forth as possibly one man may know another mans hand Writing that did not see him writ it, he knoweth and verily believeth in his Conscience that the Defendant William Clayton wrote the Endor●ement upon the said Lease of plum-tree. Henson broom Court of Requests, ex parte Ellen Nevile fol. 41. Int. 11. Francis Nevile produced three Leases at G. Copley's Office finding at Wakefield, which were found in it to be to his use, and which Leases being viewed by this Deponent, were by him conceived to be the hand Writing of the said William Clayton, who was there and then present, whose hand Writing he had formerly often seen. This Deponent telling Mr. John Clayton( Brother to the Defendant) that he had heard that he had said at G. Copley's Office finding: Will. These Leases are of thy hand Writing; the said Mr. John Clayton gave him this anwer, say nothing thereof to Mr. Nevile. John Clayton C. 68. Int. 24. He was of Council with the Defendant Mr. Francis Nevile, when the Office was found at Wakefield, after the death of the said G. Copley, concerning such lands as he dyed seized of, and did see, red, and peruse the three Leases before metioned, and did conceive them all to be of one hand writing, and the said Francis Nevile did produce them, and gave them in evidence to the Jury, and he had them in his hands, and did then conceive that they were of the hand Writing of the said Defendant William Clayton. 5. Mr. John Clayton( the Defendants Brother) knoweth the said Leases to be forged, and for 500 l. would have discovered it. The Defendant Clayton's Brother( Mr. John Clayton counselor at Law) acknowledged to M. Washington that he knew a way to overthrow the said Leases, Darcy Washington B. 55. Int. 2 but demanded 500 l.( viz.) 300 l. in hand, and 200 l. to be secured, and offered to engage his Land for repayment, in case they were not overthrown, and he said it was to be done by the Defendant Clayton. And John Clayton did often importune him, and used several Arguments to embrace the said offer and contract. Rob. Benson. C. 50 Int. 20. Ellen Nevile C. 1. Int. 18, 43 Mr. John Clayton said that they were executed privately, and there were but two or three at the execution of them, or that knew of it, and that the Defendant Clayton writ them out of the Instructions which Francis Nevile gave him under his own hand. 6. Francis Nevile did not examine the Defendant Clayton upon his Lease. Francis Nevile by an Order of Court examined the Defendant Clayton de been esse, Order 8. M 14. Car. Inter. this and did not examine him upon the view of his Lease, whether he writ it or no. Interrogate. Did not you hear the Defendant Clayton say, that he cared not what Dr. Levett could do against him. For he had written the said Lease only for his hire, and Francis Nevile took it from him unsealed, and to be sure the Doctor could not perjure him, for he had only denied that he writ the Lease which Mr. G. Copley had made to Francis Nevile, let him show me the Lease in question, and if it be of my hand writing, I writ it about a month after G. Copley's death, and if G. Copley could then make it to Francis Nevile, I will be hanged for it, or to this effect. 7. The Defendant Clayton knew not what to depose because he saw not the said Lease. The Defendant Clayton said, that in regard he could not see Francis Nevile's Lease, Will. Gray B. Int. 9. he knew not what to swear unto, but if he might see it, he could tell whether he writ it or not. 8. The Lease was not produced into the Court when the Petitioners examined Clayton. The said Lease was not produced into Court when the Petitioners examined the Defendant Clayton, Inter. this. they intended to have examined him ore tenus upon view of the said Lease, at the hearing, if it was his hand writing, but Francis Nevile sent him into the Country to prevent it, and gave him 100 l.( as the said Clayton hath since acknowledged) to be absent, as the Petitioners hope to prove. 9. What did Francis Nevile give Clayton to put in his Answer to the Petitioners Bill? Interrogate. If Francis Nevile gave not the Defendant Clayton 20. l. Inter. it. in gold to put in his Answer to the Petitioners Bill in the Star Chamber, which Mr. Nevile's counsel had drawn up, without the said Clayton's privity? And did not Clayton also show you the Gold which he said that Francis Nevile had given him? 10. Did not the Defendant Clayton reveal the Forgery of the said Lease when G. Copley's Office was found? Interrogate. If the Defendant Clayton said not immediately after G. Copley's Office was found, Inter. this. I will tell you the best Jest that ever you heard. How say you, but Francis Nevile and I have written the six witnesses names, to the three Leases, which Mr. Nevile hath produced, pretending them to be made by G. Copley unto him, that three of the witnesses have this day deposed, that they writ their names to them with their own hands? Have you ever heard such a jest in all your life time? or spake he any, and what words to this effect? 11. Did not the Defendandant Clayton's Wife warm the Wax in a Pan for to seal the said Leases which were found in G. Copley's Office? Interrogate. If the Defendants Francis Nevile, Inter. this. and William Clayton did not( when they forged the said Leases) give the said Clayton's Wife wax to warm in a Pan, and whether( she overheating it, or burning it to the Pan side) the said Nevile and Clayton did not take wax from old Evidences, because the said Leases were antedated about a year, and put it to them? And did not the said Clayton then say to Francis Nevile, he hoped he would have no swearing for them? To which Francis Nevile replied with an Oath. ( Will.) dost thou think I am mad? I'll warrant thee no swearing, I have but a couple of fools( Copley and Hastings) to deal with, I will onely show them the Leases and get a composition of them, and that's all I look for. And did not Francis Nevile then carry them away from the said Clayton without any seals put to the said wax? or what else was done or spoken then to this effect? 12. William Clayton's dead with a clause of Revocation. Interrogate. If the Defendant Clayton did not show you a dead, Inter. this. which had a clause of Revocation in it, and tell you that by the help of it, he and Francis Nevile made the clause of Revocation, which he the said Clayton writ in Francis Nevile's Lease now in question, or to this effect? 13. Did not the Defendant Clayton leave the manner of the forgery under his hand, with a counselor at Law, to be produced into the Court of Star Chamber, in case Francis Nevile brought him not off clear? Interrogate. If the Defendant Clayton writ not over the whole forgery of the said Lease, Inter. this, and left it with a councillor at Law, to produce to the said Court of Star Chamber, in case Francis Nevile brought him not off then clear, as he had promised him to do; further saying, I have confessed that I did writ it after G. Copley's death, and it's proved to be my hand writing, and therefore I expect nothing but a censure; and perhaps his sending of me away, is to lay it upon me, and save himself, if he do, then produce it; for this is the true manner of our forging of it after G. Copley's death. 14. What was the Defendant Clayton's confession of his forging Francis Nevile's Lease upon his deathbed? Interrogate. If the Defendant Clayton did not in his sickness a little before his death, Inter. this. say that his making of Mr. Nevile's said Lease, did lie more heavy upon his Soul and Conscience, then all the things he had done in all his Life time. And desired God to spare him but one year longer, and said unto his Wife, thou knowest enough concerning the forgery of it, discharge thy conscience if ever thou shalt be examined about it, or to this effect? §. 12. How got Francis Nevile his said Leases? She saith that she heard Mr. Eliz. Rogers B. 3. Int. 10. Francis Nevile( being in discourse with her Husband touching his Leases or Estate he claimed from G. Copley) say that so he got the said Leases or Estate, he cared not how he got them; Her Husband or some other replied, he hoped he would not get them with swearing; but she remembers not what was Mr. Nevile's anwer. Note, Is it not likely that Francis Nevile gave then such an anwer as he gave to the Defendant Mr. Hastings upon the like Question. ( viz.) Who would not swear everlastingly for such an estate as that? as is proved in their Combination. Infra. §. 13. Francis Nevile's Contradiction and Perjury about his first knowledge of the said Lease. 1. His Contradiction. ●… ge clerk ●… 2. Int. 1. Francis Nevile knew of the said Lease before he entred into the Award between the Defendants Copley and Hastings. contrary. 〈…〉 Savile 7. Int. 4 ●… Goodhand 2. Int. 25. He knew not of it when he made the said Award or Agreement between Copley and Hastings. He offered to make good by Oath in the Court of Wards, that he knew not of it when he made the said Agreement, and a Book being tendered he was ready to swear. Sir Walter pie then said, he was either a Knave or a Fool to make such an Agreement if he knew the Contents of it. 2. His Perjury. He knew of it before the said Award or Agreement was made. 〈…〉. Nevile's ●… m. 18. Int. When he did mediate a peace, and end some differences between William Copley and edmond Hastings about the said Lease of the Mannor of plum-tree, he was not fully satisfied of the validity of his own Lease. Note, Then it was in being, and he knew of it. Validity presupposeth both. contrary. 〈…〉. Nevile's ●… were Court ●… Wards to ●… end●nt Co●… 's Bill. fol. He knew not of his said Lease before the said Award or Agreement was made, but found it after. It is very true that after the sealing of the said Articles he did find that he had a Term and Interest amongst other things in the Mannor of plum-tree, in the County of Nottingham, of which by the said Articles and Agreement the Complainant Copley was to make the said edmond Hastings and his Wife a Lease for Twenty one years paying Two pence Rent. §. 14. Mr. G. Copley when he made the Petitioners Leases, made also divers Leases of his Yorkshire Lands, some for money, some for reward of Service, and others for love, and all the Tenants enjoy them quietly, notwithstanding Francis Nevile's former pretended Lease of the said Lands, which he also got found in G. Copley's Office. 〈…〉 show Shaw● 94. Int. ●…, 156, 157. ●… fry Winter● 7. Int. 155, ●…, 157. G. Copley when he ma●e the Complainants Leases, made also a Lease to Christopher hardly, for sixty pounds Fine, and the old Rent. He also then made a Lease of his purchased Lands in Newton, to edmond Hastings and his Wife, to pay to three Servants as a requital of their pains they took with him in his sickness, Ten pounds per Annum a piece, and charged Mrs. Hastings to pay them, which she promised and vowed to do. He then made two Leases to coats, and a Lease to Mr. Copley of Loversall, and a Lease to Beaumond in Sprotbrough; G. Copley then caused an Error in one of them to be amended, and told Beaumond( then desiring a longer time) that if he made it for above twenty one years, or abated him any Rent, it would be voided. All which as well of his purchased Lands, as of his other Lands in Sprotbrough, are still enjoyed by the several Tenants, notwithstanding the Lease which Mr. Nevile produced of the same Lands, as formerly made unto him by the said G. Copley. Note 1. That G. Copley being an honest Gentleman, would not have expressed a Requital of pains to his Servants, and have forced Mrs. Hastings to promise and vow to pay them, much less have taken his Tenant Handley's 60. l. Fine for a Lease, if he had made Francis Nevile a former Lease of their Lands. 2. If G. Copley rectified an Error in one of the said Leases, and took such care to prevent Beaumond's Lease from being voided. Had he made Mr. Nevile a former Lease to make it voided? 3. If G. Copley had made Mr. Nevile a Lease a year before of the same Lands. Would Mr. Nevile have suffered all these Tenants( most of them at the old rent) quietly to enjoy their Leases? §. 15. Francis Nevile's Reproof of the Defendant Copley for troubling G. Copley's Will, Leases and Writings lawfully executed and duly made and letten by him before his death. ●… an. Nevile's ●… swer to De●… ndant Copleys ●… ll Court of ●… rds fol. 15. By which their secret dealing, combination or confederacies, they or one of them( the said Complainant, and Ralph Copley) troubled all men, that either claimed any thing by the said G. Copley's Will, or by Lease or by Writings from him, insomuch as the very Tenants were both threatened and troubled for their Leases and Lands, which were lawfully executed, and duly made and letten by the said G. Copley unto them before his death. Note, Francis Nevile reproveth the Defendant Copley in this his Answer upon Oath, for troubling the Petitioner as well as others about their Leases, which were lawfully executed, and duly made and letten by the said G. Copley before his Death. How then can he now pretend that his said Lease was made by the said G. Copley of the same Lands a year before? Ex ore tuo te judicabo. §. 16. Francis Nevile's counterfeited Letter to the Petitioner Dr. Levett. Mr. Dr. Levett; I Am your Neighbour and shall ever wish you well, and upon any occasion will be ready to do you faithful Service; be pleased to be advertised by me who am able to give you counsel, I hear that you have preferred a Bill against Mr. Nevile of Cheete and others in the Star Chamber for forging a Lease of plum-tree, and some other misdemeanours, I am sorry you have gone so far, for I know there hath been too much both said and done in these things already. I know many, or almost all the witnesses to all his Leases, and they have already sworn to the execution of them. Those that I know which are sworn, are honest, able, and religious men, I have conferred with them, and you will find it impossible to do any good in that matter; if you have any dependency of his Mothers Information, you will find that she will say much, but there is nothing in her but untruth and Inconstancy; believe me, I wish you better then I do all the Neviles in England, take present course to make your peace, before any further proceedings, or you will be undone. He is your near Kinsman by Marriage, and I know by Mr. Bladwin's means you may have all things ended by discovering his Accusers, who indeed are your Misinformers, and by Mr. Bladwin's means you may get Sir William Savile to end all. It is certain for the Leases you cannot hurt him. I hear he hath an Information ready drawn against his Mother, you, and your Brother, and some others for practices, combinations, and subornations, and some other things about your office; I know he may prove much against his Mother, and some others, but I hope not against you But I pray you for God sake procure peace and speedily, for which I will be your daily orator to God, and will daily pray for you, but you shall not know what I am till I hear that you are in peace. January this first. T. K. Md. That this is a true Copy of a Letter directed to Dr. Levet, and exhibited by him in the Court of Star Chamber, examined by us whose Names are here underwritten, the 23. of May 1638. James Freke, Rob. Heyward Rob. Aylett. Jur. 25. Decemb. 1646. This Letter is thus proved to be Francis Nevile's hand writing. Eliz. Rogers( Francis Nevile's Aunt) saith, she is acquainted with his hand writing, Eliz. Rogers B 3. Int. 11. and that the Letter dated the first of January now shewed her, is in many words, Syllables, and Letters, like Mr. Nevile's hand writing, especially two or three of the last lines thereof. He knoweth Francis Nevile's hand writing, and this Letter now shewed unto him, Rob. Benson C. 50. Int. 12. is somewhat like his hand writing, and the Letters W. and M. especially are very like his Character, but the whole substance is not such a hand as he doth usually writ, but many of the words in the said Letter contained, are wonderful like the manner of the hand Writing of the Defendant Francis Nevile. The Letter now shewed him, dated the first of January, James Freke D. 80. Int. 15 is in many Letters so like the Defendant Nevile's hand Writing, ( viz.) the M. and A. and other Letters, that he doth believe in his conscience, it is the said Francis Nevile's own hand Writing. He is well acquainted with the hand writing of Mr. Francis Nevile, And Goodhand D. 1. Int. 9. and believeth that the Letter now shewed him is all, or most part of the said Mr. Nevile's hand Writing, and is the more confirmed in such his belief, because he never saw any man make such an L. M. and N. and divers other Letters in the Writing now shewed him, but the said Mr. Nevile himself. Note 1. Doth not this Letter show Mr. Nevile to be an Artist both in counterfeiting of writings, and in dissimulation( He loveth Dr. Levet, better then he doth all the Neviles in England; you shall not know what I am till I hear you are in peace.) 2. Are not his Advertisement, counsel, devout prayer( for God sake) and his directions to a peace; and also his foreign plea,( his information for practices, combinations, subornations, and some other things about your Office) arguments of his dread, and Guilt? §. 17. Francis Nevile's Sale of his said Leases to the Defendants Mr. Copley and Mr. Hastings. Francis Nevile sold so much of his pretended Leases( had they not been forged) as were worth 20000 l. to the Defendant Copley for 3200 l. and sold to the Defendant Hastings the demesnes of plum-tree for 2650 l. above board. But underhand Francis Nevile released to him 1800 l. of it, as will appear in their combination Infra. §. 18. Francis Nevile desired a little before G. Copley's death a Lease of his Lands. Francis Nevile discoursing with G. Copley not long before his death about something that G. Eliz. Rogers B. 3. Int. 6. Anthony Gilby B. 14. Int. 6. Copley said he would do for the Petitioner Mary, told him that he had not power to make Leases. Whereupon G. Copley called for a Box of Writings, which Mrs. Nevile said that she brought him, and Francis Nevile perusing his dead of power, wished that Mr. G. Copley would make him a Lease of all the Lands he had, and see if he would not keep them. Note 1. had Francis Nevile then a Lease made him by G. Copley a year before? if so, then he needed not to have desired one. 2. If G. Copley had made Francis Nevile a Lease before, how could he then tell Francis Nevile, that he would do something for the Petitioner Mary? 3. Why should G. Copley then show Francis Nevile his dead of power to do something for the Petitioner, if he had executed his power in making Francis Nevile's Lease a year before? §. 19. Who gave Francis Nevile, or delivered into his hands his said Lease, and his two Leases of G. Copley's Yorkshire Lands found in his Office? and when? 1. Francis Nevile's Witnesses left them lying on the Table, John Swinden A. 48. Int. 20. and know not that Francis Nevile carried them away. John Swinden remembers not whether they were left on the Table, or in the Room with the Writings that concerned the Lands in Fenton or no. Note. The Iterrogatory is. Were they left in the Room, while you stayed there, or were they taken away, and by whom? ●… es Moseley● 101. Int. 30. James Moseley knows not, that Francis Nevile, or the Defendant Hawet carried away with them out of the Room any Writings, which were then sealed, either publicly or privately. ●… t. 15. He left the said Writings on the Table, when he had subscribed his name, but how long they lay there, or what became of them afterwards he knoweth not. 2. Francis Nevile said that his Mother gave them to him at the said Award making. 〈…〉. joh. Waidson● 20. Int. 4. Francis Nevile said that his Mother delivered him the said Lease at the very same time when the agreement was made between William Copley and Edm. Hastings. 3. Francis Nevile's Mother knew not that G. Copley made the said Lease, nor did she give it to him. ●… en Nevile●. 1. Int. 11. G. Copley did never make any Lease or Leases of his Nottinghamshire Lands and of his Mannor of plum-tree to Francis Nevile that ever she knew of. She gave not Francis Nevile the Lease after the arbitrement betwixt William Copley and edmond Hastings. §. 20. Francis Nevile desired the Petitioner Mary( for a Wife for his Son) and he would recover her the Mannor of Bentley. ●… ervas Rogers●. 88. Int. 172. He heard Francis Nevile say, that if the Father of the Petitioner would let him have her( and as he conceived for a Wife for his Son) he would make no question at all but to recover her the Mannor of Bentley. ●… liz. Rogers●. 3. Int. 3. She heard Francis Nevile at Netherthorpe about half a year after G. Copley's death, say, that if Mary Mote( the now Petitioner) was turned over to him, he would recover her the Lordship of Bentley or give her as much of his own Lands. Note. What title had the Petitioner to the Mannor of Bentley, but by these her Leases made by G. Copley? If Mr. Nevile can make good her Leases for Bentley, how can he overthrow them for plum-tree, seeing the one as well as the other is given to her by the same Leases, and there is par ratio for them both, viz. the mere good will and affection of the Donor Mr. G. Copley. §. 21. G. Copley would not lease plum-tree till his death, for he would not ●ye a beggar. ●… llen Nevile●. 1. Int. 10. G. Copley about a month before his death, being moved by her to make a Lease of plum-tree and of his other lands in Nottinghamshire to his Cousin John Copley, denied it, saying, he would not die a beggar, but would keep sometning to give away at his death. He gave Mr. John Copley, afterwards moving him to it, the very same answer. Note. Had he then made a Lease of plum-tree a year before to Mr. Nevile? §. 22. G. Copley's Protestation, that Francis Nevile should not be better for his Estate to the value of a groat. ●… eon. Pinckney 3. 49. Int. 3. Mr. G. Copley said, that G. Copley of Lincolns-Inn, and Francis Nevile of Cheet, did rely upon his Estate, and that they would raise their fortunes by it; but the said G. Copley of Sprotbrough protested in his presence, that neither they, nor either of them, should be the better for any of his Estate to the value of one Groat. Note, G. Copley made it good, for neither of them were mentioned in his Will, or any other public Writing. §. 23. Did G. Copley at his death deny that he had ever made Francis Nevile any Lease of plum-tree? Inter. this. Interrogate. If Mr. G. Copley being asked by a Gent.( when he had made the Petititioners Leases) if he had not made a former Lease of the same Lands to Mr. Boswell of Gunthwaite, or to Mr. Francis Nevile of Cheet, answered him, I never made any Lease of them unto them, or either of them in my life, further saying, I know Frank Nevil too well to have any dealing with him in any such kind, and did G. Copley then charge him as he meant to answer it before God to vindicate his credit about the Petitioners Leases, for he had power to make them, and had lawfully executed them, and had done therein what he desired to do? or to this effect? CHAP. 2. THat to countenance this Forgery, and their publishing of the said Forged Lease, which the Defendants Francis Nevile and William Clayton knew to be Forged, the said Francis Nevile by the unlawfull help of John bat Esq; then Escheator, and by bribing of John Goodhand Esquire then Feodary of the West-riding of the said County of York, and by the said Francis Nevile's embracing and bribing of William Jenkinson, and others of the Jury impanelled by the said Escheator( a Jury summoned and returned by the Sheriff then there appearing, but rejected by the said Escheator) corruptly caused an Inquisition aftet the death of the said G. Copley to be taken, wherein the said Leases were found and after Forged and unduly returned that Office also. 1. John Goodhand then Feodary, undertook to carry down the diem clausit extrem ●…dant Copley, but delivered it to the Defendant John bat then Escheator of York-shire, ●…fendant Copley for whom he had sued it out. 2. The Escheator John bat having got the said diem clausit into his hands, found G.〈…〉 Wakefield( a peculiar, although it was a Country business) and refused the Defendant 〈…〉 council moving him to find it at a more convenient time and place. And bat said he ca●… to find it, and would then find it. And never sate Escheator but that day. 3. John bat at the instance of Francis Nevile and his counsel, rejected the Jury whic●… rant the Sheriff had summoned, and which did there appear, and accepted of another then, sum●… out his Warrant by the Deputy Bailiff of Wakefield( the Defendant William Hawet, 〈…〉 4. The Jur● which found the said Office were Francis Nevile's friends, and for money w●… thing for his advantage, as Francis Nevile hath acknowledged. 5. William Jenkinson one of the said Jury, that found the said Office then said unto him 〈…〉 that Mr. Copley had hard measure) that Mr. Copley knew not what to do with such an Est●… Nevile kept a good house, and would spend it among his Neighbours, and therefore did 〈…〉 it. 6. Francis Nevile then gave the Feodary John Goodhand for his good service in finding Arthington-Hall, and at least 50. l. per Annum, for 2. s. yearly Rent, during Mr. Arth●…ty( two years and an half.) 7. Francis Nevile saith that the said office was found, and sealed, and returned in du●… and whether it was sealed according to the Statute, or that any omission of any part of 〈…〉 made, he cannot of his own knowledge depose. Note, That this is an absolute perjury. 1. The Jury found Godfrey Copley to die seized in Fee tail of all his lands, and found the D●… of entail, and the Defendant Copley's Wives Jointure dead, and Writ, what they had found in six lines in the end of the said Office. 2. The Escheator and Jury returned not the said Office under his hand and his and their Seals engrossed in Parchment, according to the Statute, but gave it to Francis Nevile in tht Paper draft, who carried it to counsel, and paid them their Fees, and altered it, and made G. Copley to die seized in fee-simple of his Yorkshire lands, and left out the said dead of entail, the said Jointure, dead, and the said six lines writ in the end of the Office by the said Jury. 3. Francis Nevile afterwards got it engrossed in London, and he, and John Goodhand, and others forged the said Office and after their trials to writ like to the Escheators name, forged his name, and his and the Jurors seals to it, and then Francis Nevile filled it in the petty bag, as will appear by these following depositions. He saith that the next day after the finding of G. Copley's Office at Wakefield by the Jury, Barth. Roulst. A. 160. Int. 65 John Goodhand then Feodary, did in his presence and hearing red the said Office unto the said Jurors, as it was by them then found in Paper, and before it was engrossed, and therein red that it was found that the said G. Copley died seized in feodo talliato, and said unto the Jury, I perceive you have found the dead of entail, but afterwards when he this Deponent took a Copy of the said Office out of the Petty bag for the Defendant Copley, there was no mention of any Estate tail found therein, but only of an Estate in Fee simplo, and the said Office was returned into the Petty bag, by the means of the Defendant Nevile. He doth not believe that G. Copley's Office was returned in the same words, that it was found, Rob. Benson C. 50. Int. 26. for that he did see it at Lincolns Inn in Paper, and the Jurors hands unto the last Leaf, upon which Leaf there were some six or seven lines close written, which did mention a dead to be found in the said Office, which dead was left out in the return or ingrossement thereof. He saith that Francis Nevile did retain him as his counsel to correct and peruse the said G. Rob. Lewis D. 42. Int. 35. Copley's Office, and he remembreth he had 20. s. Fee for the same, and its probable he might in form alter something therein when he perused the paper Copy aforesaid. He saith that the Jury did intend, Char. Goodhand D. 13. Int. 4. and mentioned to find in the said Office a dead of entail made between the said G. Copley on the one part, and Henry Sacheverell and Elizabeth his Wife on the other part and the Defendant Copley's Wives dead of Jointure was also mentioned to be found in the said Office, together with Nine other Leases. And saith that the Jury caused all the particulars that they would have found to be written in six Lines, at the end of the Paper Copy, which he hath seen, and all those particulars are not mentioned in the Office returned into the Court. He saith that the said Office after the Death of G. Copley, Int. 5. was not returned truly as it was mentioned as aforesaid by the Jurors to be found, but saith that it was returned by the Jury in the Country only in Paper, not engrossed in Parchment under the Escheators and Jurors hands and seals. And the said Paper Office was shewed unto Mr. Robert Lewis, Sergeant boon, and Mr. Morgan, being of Francis Nevile's counsel, and some additions were made in the said Office for matter of form, and there were some diminutions also, and things left out intended by the Jury to be found. He saith that the said Office was engrossed afterwards at London, by Mr. Robert Lewis his Clerk, Int. 6. or some by his procurement, by the Direction of the Defendant Mr. Nevile, and was gratified by him. He saith that the Escheators name subscribed to the said Office is not of his own hand writing, Int. 7. but some other mans Writing, neither did the Escheator set his seal to the same, but the seal was set to it by another man, and the said Escheators name was writ, and a seal set to the said Office in the house of one Tho. Poulson a Goldsmith near Temple Bar in London, in a Chamber where the said John Goodhand( the said Feodary) then lodged, and he doth not know that the said Office was sealed with the Escheators seal, or that it was done by any warrant or authority from the said Escheator, but by the appointment of the said Francis Nevile and John Goodhand. He 〈…〉 s present in the said Room when the said Escheators name was subscribed, and was 〈…〉 oodhand's Clerk that attended him, and there were then also present the said John 〈…〉 Defendant Francis Nevile, and he saith that the said John Goodhand, Francis Nevile, 〈…〉 t, did every one of them make trial how like they could writ to the Escheators hand 〈…〉 Defendant Nevile did make trial how like he could writ to the Escheators name, before 〈…〉 ame was written to the said Office, which is returned, and he believeth that he that did 〈…〉 he Escheators hand writing, did set the Escheators name thereunto. And he saith that by 〈…〉 d persuasion, instance and direction of the said Francis Nevile and John Goodhand, the said 〈…〉 me was set to the said Office, and the said Office sealed. 〈…〉 t the Escheator himself did not return the said Office, neither doth he know that he gave 〈…〉 other to return it, neither doth he know what reward or gratuity the Defenda●t Nevile gave 〈…〉 return it, but he saith that upon search made in the Office of the Petty bag it appeareth that 〈…〉 filled by the said Francis Nevile himself. 〈…〉 Clerk in the Office of the Petty bag, received an Office found and returned after the death 〈…〉 f Sprotbrough in the County of york Esquire, in or about the second day of May 10. Car. 〈…〉 ut 8. April next before, and it was signed John bat Es. which signified John bat Es 〈…〉 〈…〉 either John bat writ his name, or set his seal himself to the said Office, or who did it, he 〈…〉 nor doth he know whether any Jurors names were subscribed, but referreth himself to 〈…〉 But he believeth there were several seals when it was returned, being the seals of the 〈…〉 d Jurors, by the Slits therein wherein the Labells were put. But by whom the said seals 〈…〉 noweth not, and it appeareth by the said Record that the Defendant Francis Nevile paid 〈…〉 ereof. 〈…〉, Will he that dare thus perjure himself, and forge an Office, scruple at the forging of a Lease for his to great advantage? ●… d Bramstons● tificate 30 ●…. 15. Car. Re●… 1639. Note, The Lord chief Justice Bramston upon a Reference to him, struck out the 5. and 8. inter. to Charles Goodhand as scandalous to Mr. Nevile, which proved the falsifying of the Office, and the forging of the hand and seals of the said Escheator and Jurors, so that they ware thereby prevented from being red at the hearing in the Star Chamber. This is the Petitioners first grievance for which they appeal to the Parliament. CHAP. III. That then the Defendant Nevile, coulerably grounded a svit in the Court of Wards against the Defendants William Copley, and edmond Hastings, and Mary his Wife, and having then& there produced the Defendant William Hawet and other perjured Witnesses, and upon a preagreement, combination, and collusion with the said Copley and Hastings, they knowing the said Lease to be forged, and by other unlawful means obtained a Decree in that Court, wherein your Petitioner Mary was no Party( though principally concerned) for allowance and further countenancing of the said forged Lease. Sect. 1. 1. Francis Nevile's Decree was obtained by the Perjury of the Defendant William Hawet, and by the perjury or delusion of Hugh Everard. 1. By the Perjury of William Hawet. ●… ill. Hawet ●… urt of Wards●. Def. Nevil ●… Hastings. fol. ●… Int. 18. ●… illiam Hawet ledgex m. fol. 41. ●… t. 1. ●… d. 21. Nov. 4. Car. 9. No. 14. Car. 8. jun. 15. Car. 0. No. 15. Car. Francis Nevile's Lease was sealed and delivered by G. Copley at Sprotbrough about 1. Novemb. 1632. Hugh Everard, John Swinden, and others were present with him the said Hawet at the sealing and delivery of it. contrary. He doth not know that G. Copley sealed and delivered Francis Nevile's Lease, neither was he present, not doth he know who was present at the sealing and delivery of it, or when, or where it was sealed or delivered. Note, The Court of Star Chamber would not upon the Petitioners several motions grant them leave to use at the hearing there, the Defendant Hawet's Deposition in the Coutt of Wards, but referred it to the two Lord chief Justices Bramston and Finch, to report what they thought fit to do therein, who in almost a years soliciting with great pains and charge would never meet about it, and yet at the hearing granted Mr. Nevile the use of Thomas Walker's Depositions in the Court of Requests, who had deposed against the said Lease in the Star Chamber. This is the Petitioners second grievance, for which they appeal to the Parliament. 2. By the perjury or delusion of Hugh Everard. Hugh Everard ●… ourt of Wards ●… ran. Nevile● laintiff and ●… dm. Hastings Def. f. 7. Int. 17 ●ugh Everard Court of Requests. int. Ellen Nevile Quer. and Fran. Nevile Def. ex parte Quer. fol. 1. Int 20.& f. 77. Int. 20. Will. Copley Court of Wards● l. 17. Int. 28. G. Copley about Nov. was two years, viz. 1632. sealed several Writings, but what they were he knew not, nor to whom they were delivered, but to Francis Nevile's use he is fully assured. contrary. He now remembers not how many Leases he set his hand unto, when they were sealed by G. Copley, nor doth he know for whose use they were so sealed and executed, further then that G. Copley then declared himself that they were for the use of his Cousin Nevile. The Interrogatory is, Whether were the said Leases delivered for the Plaintiff Ellen Nevile, or the Defendant Francis Nevile. Note, In the former deposition 〈…〉 re delivered to the use of Francis Nevile he is fully assured. In the latter they were delivered for 〈…〉 of his Cousin Nevile, but whether for the use of Ellen Nevile or Francis Nevile he doth not know. Is not this a Perjury? Sect. 2. The Decree was obtained by the Agreement, Combination and Collusion of the Defendants Francis Nevile, and William Copley. 1. William Copley verily believeth that the said G. Copley deceased would not have done any Act at any time, which should have been unjust, or which he had no power to do. 2. William Copley knew that Francis Nevile had nothing to show for any thing left him by G. Copley, and that Francis Nevile sued him and edmond Hastings, Will. ●ec●… A. 109. I●… 101. James Pie●… A. 120. In●… 102. John Roger. A. 89. Int. 1 Hercy Nevi●… A. 91. Int. 1 only to work mischief amongst them( and although Francis Nevile had said that if the devil made his Lease, and his Dam had sealed it, he would make it serve his turn) that there was a world of Knavery in it. 3. William Copley knew that Francis Nevile's Leases were forged, and made, and sealed at Cheet-hall Francis Nevile's house by the Defendant Clayton, commonly called by a By name of Badsticks. 4. William Copley did not examine Thomas Walker and Richard Elton, two of Francis Nevile's Witnesses, to his pretended Leases, and who have now denied their names to be of their own hand writing, and Godfrey Copley's sealing and delivering of it. 5. William Copley knew that Francis Nevile had destroyed his Leases ( quantum ad illum) if rightly obtained by the said Award, that he had made betwixt him and edmond Hastings. 6. William Copley agreed with Francis Nevile a good while before the Decree, and bought of him 3. Leases for 3200 l. for which he demanded of William Copley 10000 l. D●rcy Washi●…ton. B. 55. In●… Ralph ●indo●… E. 49. Int. 83 Emman. Mo●… D. 69. Int. 〈…〉 . Whittake●… E. 51. Int. Tho. Radley 〈…〉 E. 5. Int. 8 Anth. Hatfie●… E. 28. Int. 8 Rob. Crumwe●… E. 41. Int. 82 Godfrey Copl●… A. 66. Int. 5 Bart. Roulsto A. 106. Int. 9 Int. 71. supr. Gervas Nevi●… K. 26. Int. 33 Tho. Proctor H. 17. Int. 2 Tho. Hobson 89. Int. 7. su●… Decree Cou●… of Wards 9. May 11. Car. Edm. Hasting Ex. 53. Int. 2 Int. 3. Leon. Pinckn●… B. 49. Int. 2 Tho. Walker B. 75. Int.〈…〉 …〉Bart. Rowtsto. A. 160. Int. 7 supra. Tho. Walker B. 75. Int. 9. Commission int. Mr. Nev●…& Hastings e●…ecuted at Barnsley 10 A 11. Car. Court of Wards. Decree of 11. Court of War●… 9 May. 11 Ca●… Fran. Nevile'● Ex. 18. Int. 21 Fran. Nevile'● Answer to Copley's Bill in the Court of Wards fol. 2●Edm . Hastings Ex. 53. Int. 2. John Goodhan● E. 22. Int. 20. Leon. Pinckn y B. 49. Int. 1. Edm. Hastings Affadavit in Cam. Stellat. 28. Nov. 14. Car. Edm. Hastings Ex. 53. Int. 21. Emman. Mote D. 69. Int. 2. and which were worth 20000 l had they not been forged. viz. 1. His Lease of the demesnes of Sprotbrough and Newton for 21. years worth 460. l. per Annum, and of Woods which he might cut down and sell worth 9000 l. 2. His Lease of G. Copley's purchased Lands for 80. years worth 160. l. per Annum. 3. His Lease of plum-tree, and G. Copley's other Nottinghamshire lands for 80. years determinable upon three lives, viz. Francis Nevile's , his Brother Gervas Nevile's , and his Son Sandford Nevile's worth about 800 l. per Annum. William Copley a good while before the said Decree, bought all these of Francis Nevile, excepting the demesnes of plum-tree for 3200 l. The demesnes of plum-tree are worth 180 l. per Annum. Note 1. Francis Nevile's evasion of this sale, because it speaks his Lease to be forged, and how he is catcheth it. Francis Nevile told his Brother Gervas that the want of G. Copley's dead of power, because Mr. Bower had given the Keys to William Copley, enforced him to take so low a composition and produceth him to depose it. contrary. Mr. Proctor advised Gervas Nevile to search the Rowles and the Exchequer, for G. Copley's dead of power, and Francis Nevile after hilary Term 1633. left his three Leases and G. Copley's dead of power with him to draw up G. Copley's Office, which was before the svit was commenced in the Court of Wards, and above a year before the Decree was there obtained, for the Office was found 8. April 10. Car. and the Decree made 9. May 11. Car. Note 2. The Lands in the Petitioners Leases as appears by Mr. Hatfield and Mr. Crumwell, were worth about 800 l. per Annum, Francis Nevile sold all these to the Defendant Copley except the demesnes of plum-tree, worth 180 l. per Annum, as Barth. Rowlston hath deposed, so that William Copley purchasing 600. l. per Annum of the Petitioners Leases, for 99. years determinable upon three lives, got about 3000 l. out of the Petitioners Estate, more then he paid to Francis Nevile, for all his said three Leases. This caused the Defendant Copley to agree and combine with Francis Nevile against the Petitioner and her Leases. Sect. 3. The Decree was obtained by the Combination, Agreement, and Collusion of the Defendants Francis Nevile and edmond Hastings. 1. edmond Hastings knew G. Copley to be a just dealing man and peaceable. 2. He knows not how to believe concerning G. Copley's making of Francis Nevile's Lease. 3. edmond Hastings knew Francis Nevile's said Lease to be forged, and asked him with what Conscience he could swear that G. Copley made it; Francis Nevile answered him, that if a man could get such an Estate as that was with swearing, who is it, that would not swear everlastingly. 4. edmond Hastings did not then examine Thomas Walker and Richard Elton two of the witnesses to his pretended Lease, although they were then his household Servants, and have now denied their writing of their names to it, and G. Copley's sealing and delivering of it. 5. edmond Hastings knew that Francis Nevile by making the said Award between him and William Copley, and giving William Copley by it 1400 l. or his Estate for a Lease of the demesnes of plum-tree for 21. years, had destroyed his own Lease ( quantum ad illum) if it had been rightly obtained. 6. edmond Hastings writ from Newark to his counsel at London, to stay proceedings till be came up for that Francis Nevile and he were upon terms of Agreement. 7. edmond Hastings being in possession of the demesnes of plum-tree, came to an hearing with Francis Nevile the said term, that a Commission for examining of Witnesses betwixt them was returned; whereas he might have prayed another Commission for examining Thomas Walker, and Richard Elton, two of the witnesses to Francis Neviles pretended Lease, and then kept the possession 12. Months longer, The Dates of the Commission and Decree proves that. 8. Francis Nevile confesseth his agreement with edmond Hastings before the Decree, and that if he recovered the premises, that edmond Hastings should have a convenient time therein or purchase it at a reasonable rate, but it was not put into Articles or Covenants in Writing. Francis Neviles Perujry in the lust Deposition. Note 1. He deposed in the Court of Wards, that there was no Speech or Treaty of any end to be made betwixt him and edmond Hastings till first there should be a hearing. 2. The said Agreement betwixt Francis Nevile and edmond Hastings, before the Decree was put into Articles in Writing, and upon Francis Nevile's Assignment of the demesnes of plum-tree, for Mr. Hastings use, or shortly after the said Articles of Agreement were canceled and torn in pieces. 9. Francis Nevile assigned to edmond Hastings the demesnes of plum-tree 16. Jun. 10. Car. for 2650 l. but there were only paid 850 l. and edmond Hastings assigned the Remainder to be paid to Francis Nevile by the Defendant Copley, who never owed edmond Hastings above 10 l. or thereabouts, it was only a pretence to colour theit combination. Note, edmond Hastings having a conditional moiety of the Petitioners Leases, viz. in case he and his Wife settled Bentley upon the Petitioner Mary, and her heirs within a year after the death of the said G. Copley, and not having performed it, but contrary to vows and protestations sold it away from her to Sir John Bale and Mr. Iobson, combined with Francis Nevile to get a decree for his Lease, and then to purchase it at an under value, and Francis Nevile for this cause left the Petitioner out of his Bill, although she was principally, indeed wholly concerned in it. The Petitioner was thus defrauded both of Bentley and her Leases. CHAP. IV. Francis Nevile's further tampering, suborning, bribing, and attempting to bribe witnesses both by himself and others. 1. Francis Nevile and his Servant the Defendant Hawet endeavoured to get Thomas Walker out of Mr. Hastings Service, and to serve him. 〈…〉. Walker 15. Int. 12. Mr. Nevile about 3. years since told Thomas Walker that he had heard that he had left Mr. Hastings, and that he thought to have sent for him to serve him, The Defendant Hawet about a year after told him that he got nothing in Mr. Hastings Service, but if he would serve Mr. Nevile he should be maintained well, and if he refused, Mr. Nevile would help him to a Keepers place in Brierly Park, worth 20. or 30. l. per Annum. Hawet at another time told him, that if he would come to Mr. Nevile, he would perform his promise. But he told them both that whilst they had Suits he would not leave his old Master, and he believeth that their intents were to have prevailed with him to have sworn that he saw his Lease sealed and delivered by G. Copley as his Act and dead. Joh. Waidson● 0. Int. 5. Mr. Nevile spake to him when he last saw his Lease, to wish Thomas Walker to be his Servant, and to promise him any reasonable conditions. But considering with himself by the increase of witnesses that Mr. Nevile might have some ill end in it, he never meddled with Walker. 2. Francis Nevile's tampering with Richard Elton. ●… n. Hastings●. 53. Int. 9. 〈…〉. Heyward● 123. Int. 4, ●… 9. ●… h. Copley D. 1. Int. 6, 7, ●…, 19. ●… h. Elton 7. Int. 25. Francis Nevile laboured to get him out of Mr. Hastings service, and to serve him or his Mother. He examined him not at the Commission, when he was examined on the Petitioners part, and when he himself examined his other witnesses Everard and Swinden; But brought him to London, and then carried him to his Chamber, and there tampered with him, telling him that he had not troubled him, but that he heard he had denied his name to his Lease to be of his own hand writing, which he hoped he would not do, and shewed him his said Lease, and said that he was but a bad Scribe, and might easily be mistaken in the knowing of his name, and then shewed him a Paper, wherein was written Elon instead of Elton, and another paper wherein he had written Elton like to his name upon the said Lease, and then Elton told him that he knew not that he had written either of those names, nor could he absolutely swear that his name to his Lease was of his own hand writing, And Francis Nevile then told him again that it was true he could not, and said he was a vile wicked man, that would swear for his own hand to any writing, that he had not in his custody. 3. Francis Nevile after his tampering with Walker and Elton, supposing it not sufficient, suborned two Common Bailiffs John Holdsworth and Robert Siddall, and William Farburne a tailor, falsely to testify that five witnesses, two of which were Thomas Walker and Richard Elton did depose for his said Leases at G. Copley's Office finding at Wakefield. 〈…〉 Holdsworth 39. Int. 5. ●… b. Siddall 48. Int. 3. Mr. Nevile produced at G. Copley's Office finding at Wakefield to prove his three Leases, Hugh Everard, John Swinden, Robert Soreby, Thomas Walk r, and Richard Elton. And they all deposed that the said Leases were sealed and delivered by G. Copley as his Act and dead. And that they were witnesses thereunto. 〈…〉 Farbu●ne 55. Int. 3. Mr. Nevile proved his three Leases at G. Copley's Office finding at Wakefield, to be sealed and executed by G. Copley by five several Witnesses, two of which were of his Acquaintance, and their names were Thomas Walker and Richard Elton, but the names of the other three he remembers not. contrary. 1. But three witnesses were then and there sworn for the said Lease. 〈…〉. Geo. Went●… orth 1. 14. ●… t. 2, 3. ●… Edw. Roads 19. Int. 2, 3. ●… pra. ●… hn Goodhand● 22. Int. 12. ●… ho. Walker G. 1 Int. 3. ex ●… arte Francis ●… evile. ●… ho Walker●. 75. Int. 7. ●… c. Elton G. 45 ●… nt. 2 9. ex par●… e Franc. Nevile Sir George Wentworth, and Sir Edward Roads, on Mr. Nevile's part have deposed but for three Witnesses Everard, Swinden, and Soreby, to be sworn for Mr. Nevile's Leases, at G. Copley's Office finding at Wakefield. The Feodary John Goodhand saith, that three Witnesses were sworn at G. Copley's Office finding; to prove the sealing and delivery of Mr. Nevile's Lease. 2. Thomas Walker was not then at Wakefield, but was at Sprotbrough about 14 miles distant from it. Richard Elton was then there, but Francis Nevile did not produce him as a witness. Thomas Walker was Mr. Hastings servant, when G. Copley's Office was found at Wakefield but he was not then at Wakefield. Thomas Walker hath not formerly deposed for Mr. Nevile's Lease, neither at G. Copley's Office finding at Wakefield, nor in the Court of Wards, nor ever before now was summoned, to depose for his hand writing to be thereunto endorsed. Richard Elton was at Wakefield, but was not in Court at the finding of G. Copley's Office, he desired Mr. Nevile to spare him, and he told him he would spare him, and he being then left in the foreshown was not then called to witness any thing, and he thought himself much beholden to Mr. Nevile that he spared him. Emm●n. Mote. D 69. Int. 5. He was at Wakefield at G. Copley's Office finding, and saw Everard, Swinden, and another sworn, but Thomas Walker was not there, nor was sworn for Mr. Nevile, which he knows to be true, because he hearing the said Walker's name used as a witness to the said Lease, asked the Defendant Hastings( whose Servant he was) why he brought him not thither? and he replied, he knew not that any use would be of him there, and that he had left him at home to wait upon his Wife. He attended upon his Master Copley at Wakefield when G. Copley's Office was found, Rich. Bal●… D. 104. I●… and he well remembers that Thomas Walker was left at home, and was not produced or sworn touching the matters in question at that time. Richard Elton was then at Wakefield but was not sworn, Int. 4. Elton told him rhat he had made means to be spared, for that he said he could do Mr. Nevile no good. Thomas Walker was not at Wakefield at G. Copley's Office finding, Will. Nes●… E. 15. Int.〈…〉 but was in Sprotbrough in his company, and he the better knows it to be true, for that he was booted and spurred to have gone to Wakefield that day with Mr. Copley, but was afterwards countermanded, and stayed at home with the said Walker. She was not at Wakefield when G. Copley's Office was found, but saith that upon that day, Mary Butte E. 42. Int.〈…〉 the Defendants Copley and Hastings, said that they went to Wakefield to find it, Thomas Walker was at Sprotbrough all that day and not at Wakefield, which she knows to be true, for that she then was Servant to Mr. Copley of Sprotbrough, where Thomas travailer then lived. He was the Defendant Copley's Servant, and ●ttended on him to Wakefield at G. Copley's Office finding, Tho. Baldo●… D. 120. Int.〈…〉 and doth well remember that Thomas travailer was not produced as a witness there, neither doth he believe that he was at Wakefield that day, and is the more confirmed in his opinion and belief, because William Neschall and Mary Buttery his Fellow Servants, and living in household with Thomas travailer, did tell him at his coming from Wakefield, that Thomas travailer and they had been very merry, and had played a Match at Tutts, or at the Ball. He believeth that Thomas travailer was not at Wakefield at G. Copley's Office finding, Tho. West B. Int. 5. 9. Will. Bo●●● both because he saw him not there, and for that the Defendant Hastings told him that he had left him at home to attend his mistress. He believes that Richard Elton was there, but not sworn, Rob. ●●●ywa●… D. 123. In●… 14. R. Crum●… E. 41. Int. 1 Order 11.〈…〉 15. Car. for Mr. Hastings told him that Francis Nevile refused to have him sworn, saying he would spare him, for he thought the other witnesses were sufficient. Note, The Court of Star Chamber by their Order of that Term( when this cause was to be heard) that but two Witnesses should be red to a point) prevented the manifestation of the Perjuries of Holdsworth, Syddall, and Farburne, and made two of their Depositions as good as the Petitioners Twelve. This Order was never entred. This is the Petitioners third grievance and cause of Appeal. 4. Francis Nevile suborned his Butler John Pollard, falsely to depose a Negative, that Sir John Waidson was not at his house at Cheet before Christmas next after G. Copley's death 1633. He knows Sir John Waidson Knight, and he was not at Mr. Nevile's house from that day Mr. John Pollar●… l. 118. Int.〈…〉 Nevile came from London after G. Copley's Death, about a fornight before Christmas until Christmas day was past, being Christmas 1633. contrary. Mr. Nevile shewed him his said Lease at Cheet, about 14, 15, or 16. of Decemb. next after G. Sr. joh. Waid●… B. 20. Int. 1. Francis Ju●… B. 33. Int. 2 4. Copley's Death, and between St. Stephens day, and New years day following, he shewed it him again at Cheet. Sir John Waidson Knight, about 10. or 11. December next after G. Copley's Death, met Francis Nevile at Sprotbrough. About 14, 15, or 16. of the said Month, the said Sir John Waidson went to Mr. Nevile's house at Cheet, and this he knows, for that he was then and there present as a Sevant attending upon Sir John Waidson; and he, and the said Sir John about St. Stephens day, or St. Johns day following, in the same Month, went again to the said Mr. Nevile's house at Cheet. Francis Nevile confessed to Mr. Conyers, that he shewed his said Lease to Sir John Waidson at Cheet, Robert Cony●… B. 38. Int. 2 about three Weeks before Christmas 1633. And that about St. Stephens day following, he the said Sir John coming thither again about reconciling him and Mr. Copley, he again shewed it unto him there. Mr. Nevile Interrogates Sir John Waidson if the Parsonages of Sprotbrough and of plum-tree, Sr. joh. Waid●… G. 16. Int. 9 were not the two Writings he at first time shewed him at Cheet, being witnessed only with two Witnesses. The words( first time) imply that he was there before Christmas. Interrogate if Francis Nevile would not have given him a 100 l. Inter. this. to have deposed that he had seen his said Lease so witnessed as now it is, before Christmas 1633. and before the time that Sir John Waidson hath deposed that he saw it only with two Witnesses to it. Note, Will he that dare suborn four witnesses, and attempt to suborn a fifth to perjure themselves in swearing against the Petitioners Witnesses who had deposed against his said Lease, want Witnesses to swear for the Lease itself? CHAP. V. Francis Nevile's corrupting James Gerrard and Edward Coulson two of the Examiners in the Star-Chamber. 1. To examine some of the Petitioners Witnesses unequally, and to falsify some of their Depositions. The Petitione●s Affada 29. No. 14. Ca. 2. To endorse and disendorse Witnesses names upon Francis Nevile's Lease as examined. 3. To deliver some Depositions of the Petitioners Witnesses to Francis Nevile before publication. 4. To deliver to the said Francis Nevile, his said Lease out of Court without order to tamper with Witnesses before he examined them. Sect. 1. The Examiners did examine some of the Petitioners witnesses unequally and falsified some of their depositions. 1. James Gerrard pressed Mr. West to depose certainly and punctually to what was not in his knowledge or remembrance.