The copy of a petition presented to his Highness the Lord Protector, by Bassett Jones of Lanmihangel in the county of Glamorgan, against Colonel Philip Jones, one of his Highness council. With His Highness gracious order thereupon; the said Colonel's answer, and the reply of the said Bassett. To which, by way of an apendix, are added such papers as were made use of in the cause which any way tend to the clearing of the truth thereof.

May it please your Highness,

HAving thus manifested the proofs I had at present for what I al∣leadged in my Petition, I attended Mr. Hatter therewith on the 19 day of May last (at his Office where I formerly had both lodg'd my Petition received Your Highness Order, and found the Colonels answer) and did for the space of three Moneths incessantly Solicit him to present it unto your Highness, untill at last being tir'd out with so much fruitless attendance I knew no other means whereby I might hope for its access then by commiting it to the Press; That so happily, it might light on some Rader so conscientious as to acquaint your Highness therewith.

And least to pick the refutation of the Colonels Answer out of my sad story should be too tedious, I have since by a short comment directed where each essential part thereof hath been evidentially re∣plied to. The rest of it being, at best, but meer Paralogisms, and there∣fore requiring onely a logical Demonstration that they are so, which your Highness on your review of his answer may please to observe as followeth.

Answer.	Reply.
Notwithstanding his confidence in the said Petition to your Highness I still affirm that I have taken no other course to obtain my right then what was allowed and used by other Purchasors.	Although Colonel Jones his faculty hath hitherto prov'd succesfull, I shall retain my confidence it will not always prevail to captivate your Highness rea∣son from discerning and judging for the truth; and that I have not suggested more in my Petition the forecited Certificates and Orders of the very Commit∣tees will easily evince: Nevertheless, least the perusal of all those be too great a trouble to your Highness il'e here joyn issue with him, let him prove but that one single assertion, and I do hereby assume as to the Land in question, which he calls his Right, to be silent for ever.
And for a Testimonie thereof I have put into Mr. Sadlers hands the whole pro∣ceedings from the beginning of that cause to the final Order therein; and desire no∣thing but the fruit of those legal proceed∣ings.	I humbly submit whether he could possibly lay down the whole proceed∣ings and thereby not confute himself. However I conceive he should rather have left them in the Office with his Answer, that so I might have obtained a Copy of them in order to my Reply. But to leave his answer there on Record and for proof of its verity to urge those Papers which he had committed to Mr. Sadlers private pocket is plain canting But I spare him; since, really, I wish him not so ill as that he should receive the fruits due to his legal proceedings.

And do humbly deny the using of the least sorce of Souldiers by me, or my directions, or privity, or any extraordinarie course whatsoever.	What courses he took do appear out of the forecited Copies, whether they be ordinary I humbly submit; as also whether his continuing in the Possessi∣on forcibly raken by his Ministers doth not render the force his own. But, that it was done by his directions, in regard it was more than I could possibly evidence, I never suggested it in my Petition, and therefore shall insist thereon no further than I have by my Argument, in Pag. 20.
But that, being here in London I sent the Orders obtained by the Committee of Obstructions in the Cause to the Countrey, to be put in execution according to the con∣tents thereof, in the manner therein pre∣scrib'd; and if there have been any pro∣ceedings thereupon beyond their contents (as I believe there have not) Mr. Jones might, and may yet, complain to the Com∣mittee of Obstructions, giving in the par∣ticulars and the persons offending; and he will not, I conceive, have cause to com∣plain for want of redress therein.	This is something too broad to be comprehended within the compass of a Paralogism. Yet, to be civil to him, I let it pass for a Sophisma compositionis, or a dicto secundum quid ad dictum simpli∣citer. There being one, and but one, Order said to be forcibly execured; and the obtaining of that upon an Oath of an Affidavit sufficiently testifying him∣self to be then in London. But, lest your Highness should discern he was in the Countrey when the two first Or∣ders were served upon my Father; and that the Acquittance upon the payment of Rent was, after his peruseal thereof, signed in full acknowledgement of satis∣faction, as by the said Acquittance, pag. 15 doth appear. Nor, though the Chro∣nology of his own Papers, pag. 15. B. and A. do manifest the contrary, would he fain be believ'd to be in London also; to the end that this satisfaction might be thought acknowledged by the ignorance of his Officer, and not by his cunning, who well knew I should have repaired up to plead to that Order had he demand∣ed any other Possession by it than an atturnment; since its penalty was but to be taken into custody. Therefore it was his wisdom rather to send his Officer, just as he was going to London, to offer us our money again; and upon our refu∣sal to follow him up to swear as is cited, pag. 15. & 16. And now also rather than that himself, A pious man fearing God and hating covetousness, might be suspected conscious to this, why should he not, for once, adventure to put Order in the plural number, as well as for his service & advantage: AND instead of OR (as is seen pag. 13.) could be recorded by the Clerks of that Committee, to which I cannot blame him for directing your Highness to pass me over for relief (though after sentence) rather than you should descend to the scannings of this particular.
And for his pretence of my breath of promise (which I also humbly deny) it was alleadged by him at that Committee, and considered by them before the final Order in the Cause.	If his humble denial of his promise doth outweigh the Testimony of the six witnesses cited, pag. 10.11. & 12. Then I further affirm that he hath not pur∣chased so much as the reserved Rent on that Tenement at all. Since his pur∣chase was made within nine dayes after the return of the Survey, as by pag 9. compared with pag. 10. doth appear, and whereas he, would perswade your

Highness to look upon it as a thing improper for your examination (for that his inference must necessarily drive at) I humble submit, the badge your Highness hath adorn'd him with being considered, whether the Committees ordering no∣thing upon their consideration of his promise and he still tax'd with the breach thereof, doth not both in Justice and Honour rather invite your Highness to do it? and consequently manifest this his Argument.
And if any Officer of mine hath made any fallacious Oath (which I never heard at all suggested till in this Petition) I de∣sire no favour for any such person, but that he may suffer according to the merit of his Crime. Yet if the fallacious Oath pretended was made before the Committee of Obstructions, I humbly conceive the Petitioners proper course hath been to had excepted to it there, and made the fallacie of it to appear unto them.	Although in the close he pretends not to know where it was made, yet doth he not affirm he was ignorant of the Oath it self; but that he never heard it before suggested. And how could it otherwise be? since the Oath, being privately taken before a Master of Chancery in the presence onely of the Committees Messenger, was kept close in his pocket untill up∣on his deposition of the truth thereof as appears pag. 16. A. the final Order was granted, before I could possibly either come, or send notice of what had past. But did he not know I look upon the Hand and not the Hatchet, I have reason to suppose, ere he would thus desert his Officer in plain field, he would consider the Analogie of it to the late Viscount Verulam's quible to his servant Day; Of whom standing in the Pillory, his Lordship accidentally passing by, was heard to say he could then see day through a little hole, which when Day heard, he imme∣diately discovered his Lordships relation to the Crime he suffered for, and so brought him to deserved shame.
And for my taking the Possession of my Lands in pursuance of the Judgement and Order of the said Committee (and not by weapons, or other illegal course) I hope it will be accounted justifiable and honest.	He can, during our Lease, pretend no Title to this Land, he calls his own, but an Order of the Committee grounded upon the Affidavit of his servant; which Affidavit Colonel Jones must know to be, at leastwise fallacious, & which Or∣der (notwithstanding his denial) I am able to prove by multiplicity of witnesses his Officers did not observe, but proceeded thereupon as is express'd pag. 19. Therefore since it is too hard a task for me to reduce this to any Logical So∣phism, I shall onely reply that Contrariorumeadem est ratio.
And the rather if it be considered that I did let pass above a whole year before I made my first address in the cause; all that while desiring but the re∣served Rent the Petitioner mentions, and withall possessing him with the invalidity of his Lease, and of my unwillingness to take advantage thereof, unless forc'd by being driven to come by my Right by a trou∣blesome and expensive course at Law.	He cannot prove that ever we heard of his design to out us of the Land, un∣till a Moneth after our payment of Rent & Atturnment as aforesaid. Since when (though it cost me twice its value with my hitherto fruitless endea∣vours to save it) Colonel Jones can pre∣tend to have been at no more charges than for the journey of his servant to come up to swear, and for the Commit∣tees Order thereupon. And as for our Lease, I positively affirm we never heard

the validity of it question'd untill in this his answer. Yet admit I granted him his whole assertion; I humbly conceive, the premises considered, it would ra∣ther confute then corroborate the former. For, if the Land had been his own Right, why should he let pass a year without claiming it, or demanding Rent ac∣cording to the value thereof if he conceived our Lease invalid, to be no better then a fair fallacie ab ignoratione Elenchi.

This being the true state of the Case, and the Petitioner having all the Courts of Justice open; I submit it whether he hath just cause to trouble your Highness, or re∣proach me at he doth in his Petition. Phi. Jones.

Let him prove his supposition and I easily grant his inference. But how a Case may be stated by Negatives I un∣derstand not, more then how the Pa∣pers in Mr. Sadlers pocket can, while they remain there be a Testimony of his assertion to your Highness; or what should induce him to present this to your Highness as the true state of the Case, and other private Papers to Mr. Sad∣ler; unless, upon consideration of the Gentlemans breeding, it may be pardona∣ble to suppose; he might conceive it manners to reserve his verities for M. Sad∣lers reading. However, My Lord, for my part, as to the truth of a Case I am so nearly related to, I shall wholly refer my self to my proofs, and your Highness judgement thereupon; which I hope Col. Jones shall not be able to diswade you from affording me if I tell you, The whole Politicks record not a more excellent reason for placing the Supream power in one single person, than that thereby the people may have a place of appeal from the insolencies of State-Ministers. Lastly, whereas he tells your Highness I reproach him in my Petition: I also submit it whether Phi. Jones by such courses doth not rather reproach at least∣wise the Colonel and the Counsellor. Nevertheless, my Lord, I avow it really, were this my own Case, I would rather loose the Land than publish thus much of a person so grac'd by your Highness.

But while I live seeing my aged Father so unworthily divested of his own un∣der the colour of Justice, if I cease not to beg but your Justice, I hope so far your Highness will be pleased to pardon the importunity of

My Lord

Your very humble
servant
Bassett Jones.

From my lodging near the
white-hart Post-house
by Charing Cross.
Aug. the 21. 1654.

FINIS.

Notes

• Petitio Princi∣pii.