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

§. 7. Francis Nevile after all these Oaths, Letter, and Actions, produc'd his forged Lease of Plumtree and of G. Copley's other Nottinghamshire Lands, attested with six wit∣nesses 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,* 1.1 and told him that he was the first that ever saw it by his shewing, 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 endevoured to get what they could one from the other, and took their Opportunities at such secret times, as they could best perfect their businesse, and therefore Francis Nevile told him that they could have no more witnesses unto it.

Francis Nevile betwixt St.* 1.2 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 Lea∣ses with the same two Witnesses unto them, viz. Thomas Walker, and Richard Elton only,* 1.3 the one of certain Lands in Sprotbrough and other Lands, and the other of the Advowson of Plumtree, 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,* 1.4 and they were all shewed unto him by the said Francis Nevill.

Francis Nevile shewed him the aforesaid Leases,* 1.5 and desired him to deliver this Message to the De∣fendant 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 Plumtree and his other Not∣tinghamshire 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 Nevill 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.* 1.6 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 Witnesse on Francis Nevile's part at Barnesly, betwixt him and Mr. Hastings, to Testifie that he had se•• it before, he delivered the Messuage from Francis Nevile to Mr. Copley and Mr. Hastings.

* 1.7He 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 Plumtree 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.

* 1.81. By Fr. Nevile's interrogating of him, if the Parsonages of Sprotbrough and Plumtree 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 shew 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 Fran∣cis Nevile and the Defendant William Copley.

* 1.93. 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.

* 1.104▪ By Sir John Waidson's revealing of it to Sir John Jackson immediatly 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) denyes his name upon it to be of his own hand Writing, and G. Copley's sealing and delivering of it.

* 1.11He 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 forme, nor is it sealed with G. Copley's Seal of Armes with which he usually sealed, when he sealed any writings.

3. Richard Elton (the other Witnesse) which Sir John Waidson had only seen, together with Tho. Walker at the Lease after G. Copley's death, denyes his Name to be of his Hand-writing, and G. Copley's sealing and delivering of it.

* 1.12He 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 write so good a hand; and he knows not of the sealing and delivering of it, nor ever heard it read, or saw it delivered.

* 1.134. Interrogate. If Francis Nevile shewed not his said Lease to another witnesse without all excepti∣ons 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 write half so well; and before G. Copley's Office was found, Francis Ne∣vile shewed him his said Lease again, and he then told the said Francis Nevile, that he had well amen∣ded 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 ap∣pear by their own Depositions and contradictions, and by the subsequent proofs.

1. Hugh Everard.

* 1.14He, John Swinden, James Moseley, Robert Soreby, and he is perswaded, 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 joyntly sealed and delivered the Assurance of Fen∣ton to him and Tho. Denton, for the use of Mrs. Cuttler.

* 1.15He 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 joyn with him in the sale of the Lands in Fenton;* 1.16 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 Milnes 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 read, did not any way concern the Estate of Newmillerdam.

He doth not remember that the said Deed of Newmillerdame,* 1.17 was read over to the Witnesses at the time of the sealing and delivery thereof.

He at Wakefield at G. Copley's Office finding,* 1.18 gave evidence of the execution of writings then produ∣ced 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 pro∣mised him in earnest any Reward or Curtesie for testefying as aforesaid, other then one quart of Wine, and the merry offer of the Parsonage of Plumtree. The Lease now shewed to him is one of the same Leases. His Name endorsed as a witnesse 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.* 1.19 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 Witnesse. 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,* 1.20 is of his own hand writing so far as he can judge by the sight thereof.

He doth write so plain a hand, as he thinketh it may very well be counterfeited,* 1.21 and hath been by Mr. Elmehurst's Clark, 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.* 1.22 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.* 1.23 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 Plumtree (worth 300. l.* 1.24 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 read.* 1.25

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.* 1.26

Contrar.

He doth verely believe that Francis Nevile's Lease is one of them.* 1.27

Note, The former is absolute, the Latter is limited to his Belief. His Limitation is his legall deposition.

2. In the person to whom the said Lease was delivered.

G. Copley then sealed and delivered three Writings to Francis Nevile.* 1.28

G. Copley executed them to Francis Nevile.* 1.29

Sealed and delivered by G. Copley & Francis Nevile, the one to the other severally.* 1.30

Contrar.

He is not certain whether the said G. Copley did deliver the said Writings to Francis Nevile or not,* 1.31 but thinketh that he did.

Note. 1. He is a desperate (if not a perjured) witnesse, to depose certainly to three several Inter∣rogatories 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 dissimula∣tion) and to the Petitioner his neer Kinswoman, then but 12. or 13. years of Age, and meerly out of his great affection to her, being born, bred, 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,* 1.32 for that his Name is by him en∣dorsed on the backside thereof.

His name endorsed as a Witness thereof is of his own Hand-Writing.* 1.33

Contrar.

His Name endorsed on the backside thereof, is of his owne hand writing,* 1.34 so far as he can judge by the sight thereof.

He doth write so plain a hand, that he thinketh it may very well be counterfeited,* 1.35 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 perswaded that Thomas Walker and Richard Elton subscribed their names to it as Witnesses.* 1.36

Contrar.

He at the same time together with the witnesses aforesaid, did all subscribe their names to it as witnesses.* 1.37

Note, 1. In the 8. Interr. he is but perswaded, in the 13. he is positive that Walker and Elton sub∣scribed their Names to it as witnesses. A perswasion and a positive deposition is one and the same with him. Doth not he make himself a desperate witnesse?

2. Thomas Walker and Richard Elton have denyed that they writ their names upon it, and gave good reasons for it. Do not they make him a perjur'd witnesse?

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 witnesse to three Writings then sealed by G. Copley to Francis Nevile,* 1.38 and to one sealed by Francis Nevile to G. Copley.

* 1.39He doth conceive and ever hath done, that the Writings which were sealed by the said G. Copley, and not by him suffered to be read, did not any way concern the estate of Newmillerdame.

Contrar.

* 1.40Hugh 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 Newmiller∣dame and its Counterpart, and for that Fenton was passed away to him and the Feoffees wherein G. Copley was interessed, that Newmillerdame was passed to G. Copley in lieu and satisfaction thereof.

2. John Swinden another Witnesse 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.

* 1.41All the said Writings were then immediately sealed one after another. The three Leases sealed by G. Copley to Francis Nevile vvere first sealed and delivered. Francis Nevile's Writing to G. Copley vvas next sealed and delivered. The Conveyance of Fenton vvas last sealed and delivered and vvas read.

* 1.42The Lands in Fenton vvere Francis Nevile's, and he had the money vvhich vvas paid for them. Francis Nevile had made some Estate of them to G. Copley to secure him from some engagements, vvhich he had entred into for Francis Nevile, and therefore G. Copley joyned vvith Francis Nevile in the Conveyance of them.

* 1.43He 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 ovvn proper hand Writing. It vvas sealed and delivered by G. Copley to Francis Nevile, in the presence of him, Hugh Everard, James Moseley, Robert Soreby, all knovvn to him and others then and there present, vvhom he knevv not, vvho subscribed their names on the Backside thereof. He is persvvaded the persons vvhose names are endorsed thereon, vvhere the same persons unknovvn to him who thereunto endorsed their names. The Assurance of Fenton was the occasion of his going thither.

* 1.44He saith that G. Copley delivered a Writing or Writings to Francis Nevile's use, about November vvas 2. years, to vvhich his name is subscribed as a Witnesse, vvhich vvas not published in his hearing though he desired it. And saith that the same Writing or Writings after sealing and delivering thereof, vvere to his best remembrance delivered sealed up in a Box to the Complainant Francis Nevile's man William Hawet. Neither remembreth he vvho vvas present at the sealing and delivering of the said Wri∣ting or Writings save Mr. Everard and himself.

* 1.45G. Copley then said, Cousin Nevile, I deliver this as my Act and Deed. Shortly after the said Wri∣tings vvere given in a Boxe, to the said Mr. Nevile to his remembrance.

* 1.46He saith that after he had vvritten his name as a Witnesse to the said Writings, he medled no more vvith them, and remembreth not vvhether they vvere left on the Table or in the Room vvith the said vvritings vvhich concerned the Lands in Fenton or no.

* 1.47He deposed for Francis Nevile's said Lease, and his tvvo other Leases at G. Copley's Office finding, but vvhat Lands vvere comprized vvithin the same, he knows not, for they were never read 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. Co∣pley's Office finding was, for that he did see his name written on the backside thereof as a Witnesse.

He knows not what Lands were in them, for they were never read unto him.

3. His Contradictions or Perjuries.

1. In the number of Writings then sealed and delivered by G. Copley.

* 1.48G. Copley delivered three Writings to Francis Nevile.

Contrar.

* 1.49G. 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.

Contrar.

* 1.50He 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. Co∣pley as aforesaid.

* 1.51Thomas Denton did not then see any other writings then what concerned Fenton there sealed and deli∣vered by the said G. Copley, not was any witness to the same, for he went away.

Thomas Denton is not endorsed as a Witnesse upon Francis Nevile's Lease.

Thomas Walker and Richard Elton have denyed their names upon it to be of then ••n hand writing.* 1.52

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.* 1.53 Nevile to his remembrance.

They were to his best remembrance delivered sealed up in a Box to Francis Nevile's man William Hawet.* 1.54

He remembers not whether they were left on the Table, or in the room with the Writings of Fenton or no.

Note. The Interrogatorie is, Were they left in the room whilst you stayed there, or were they taken away, and by whom? Will not this Witnesse 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,* 1.55 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,

Contrar.

The Conveyance of Fenton was sealed 10. Decemb. 8. Car. the Release the 13. of the same Month,* 1.56 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 Witnesse 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.* 1.57 They were not certain whether their names subscribed to the said Lease were of their own hand∣writing, 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 Peece with them at Barnesly, and made them merry,* 1.58 and then they remembred 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 witnesse to Francis Nevile's Lease.

G. Copley and Francis Nevile in Decemb. 8. Car.* 1.59 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,* 1.60 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 witnesse to certain writings then and there sealed and delivered by G.* 1.61 Copley to the use of Francis Nevile, Everard, Swinden, and Soreby, were witnesses to them. Thomas Denton was then pre∣sent. 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.* 1.62 Copley at Sprotbrough in his presence. He verily believes in his Conscience that his name endorsed thereon as a witnesse 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.* 1.63 Ne∣vile and Sir Gervas Cutler's Sister, which were read over, and not read 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,* 1.64 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 Secresie between him and his Cousin Nevile the Defendant, so they did not read them nor hear them read.

G. Copley delivered the said Lease to the said Francis Nevile himself in person, and to his use,* 1.65 and by it self, and not with any other Writings.

To whom the said G. Copley delivered those Writings of secresie not read, he doth not know,* 1.66 but is verily perswaded they were delivered to Mr. Nevile's use.

Reply.

1.* 1.67 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 vvere delivered to Francis Nevile by G. Copley.* 1.68

G. Copley delivered it to Francis Nevile himself in person and to his use, by it self, and not vvith any other vvritings.

Contrar.

* 1.69To whom G. Copley delivered those Writings of Secresie, he doth not know, but is verely perswaded they were delivered to Mr. Nevile's use.

Note. 1. Is he not a rash witnesse to depose to two Interr. 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 perswasion, 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.

* 1.70He 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.

Contrar.

* 1.71All 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 witnesse 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.

* 1.72James 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.

Contrar.

* 1.73John 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.

* 1.74G. Copley and Francis Nevile delivered the Conveyance of Fenton to Everard and Swinden who were parties trusted for Mrs. Cutler.

Contrar.

* 1.75Hugh Everard and Thomas Denton (not John Swinden) were parties trusted for Mrs. Cutlers Con∣veyance.

5. In Thomas Denton being present when G. Copley sealed it.

Thomas Denton was present, when the writings of Secresie were sealed and delivered by G. Copley.

Contrar.

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.

Contrar.

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 shew 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 witnesse to Francis Nevile's Lease.

He deposed for it at G. Copley's Office finding at Wakefield.

* 1.76Francis 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 read it nor heard it read. 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 witnesse, 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.

* 1.775. 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 Suit, least perhaps the Petitioners should cross examine him. His own Guilt, Mr. Nevile's Subtilty, or both might well cause his absence.

Notes

• * 1.1

  Sr. Ioh. Waidson B. 20. Int. 1.
• * 1.2

  Int. 2.
• * 1.3

  Int. 7.
• * 1.4

  Int. 8.
• * 1.5

  Int. 9.
• * 1.6

  Sr. Ioh. Waidson ex parte Defr. G. 1. Int. 9.
• * 1.7

  •…•…t. 10.
• * 1.8

  •…•…r. Joh. Waidson •…•…. 16. Int. 9 •…•…ead the Interr. •…•…ob. Conyers •…•… 38. Int. 2. 3.
• * 1.9

  •…•…rancis Justice 3. 33. Int. 2, •…•…, 4.
• * 1.10

  •…•…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.
• * 1.11

  Tho. Walker B. 75. Int. 6. •…•… 10.
• * 1.12

  Rich. Elton A. 146. Int. 32.
• * 1.13

  Interrogate this.
• * 1.14

  Hugh Everard A. 13. Int. 8.
• * 1.15

  Int. 13.
• * 1.16

  Int. 24.
• * 1.17

  Int. 28.
• * 1.18

  Hugh Evera•…•… K. 8. Int. 20
• * 1.19

  Hugh Everard A. 13. Int. 3
• * 1.20

  Int. 33.
• * 1.21

  Int. 34.
• * 1.22

  Int. 19.
• * 1.23

  Hugh Evera•…•… K. 69. Int. 2•…•… read the In∣terrogatory.
• * 1.24

  K. Int. 20.
• * 1.25

  A. Int. 24.
• * 1.26

  K. Int. 2•…•…
• * 1.27

  A. Int. 35.
• * 1.28

  A. Int. 13
• * 1.29

  K. Int. 20.
• * 1.30

  A. Int. 8.
• * 1.31

  A. Int. 19.
• * 1.32

  A. Int. 35.
• * 1.33

  K. Int. 20.
• * 1.34

  A. Int. 33.
• * 1.35

  A. Int. 34 Emanuel〈…〉〈…〉 D. 69. Int.
• * 1.36

  A. Int. 8.
• * 1.37

  A. Int. 13
• * 1.38

  A. Int. 1••.
• * 1.39

  〈…〉〈…〉. Int. 24.
• * 1.40

  •…•…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.
• * 1.41

  •…•…nt. 9.
• * 1.42

  •…•…nt. 22.
• * 1.43

  •…•…hn Swinden •…•…. 23. Int. 20.
• * 1.44

  •…•…on Swinden •…•…urt of Wards •…•…l. 7. Int. 17. •…•…ter Nevile & •…•…astings.
• * 1.45

  〈…〉〈…〉. 48. Int. 37.
• * 1.46

  •…•…nt. 20.
• * 1.47

  •…•…nt. 38.
• * 1.48

  A. Int. 9.
• * 1.49

  •…•…ohn Swinden Court of wards •…•…. Int. 17. •…•…. Int. 7.
• * 1.50

  •…•…ourt of Wards •…•…ol. 7. Int. 17 •…•…ohn Swinden A. 48. Int. 35.
• * 1.51

  Thomas Denton E. 6. Int. 7. Vide Francis Nevils Lease.
• * 1.52

  ut supra.
• * 1.53

  A. Int. 37.
• * 1.54

  Court of War 7. Int. 17. A. Int. 20.
• * 1.55

  A. Int. 7.
• * 1.56

  S••. Gerv. Cut•…•… D. 59. Int. 5 Tho. Walker B. 75. Int.〈…〉〈…〉
• * 1.57

  Ellen Nevile C. 1. Int. 2
• * 1.58

  St. Ioh. Waids•…•… B. 20. Int. 6. Ro. Bladen B. 41. Int.
• * 1.59

  Iames Mosely B. 101. Int. 1.
• * 1.60

  Int. 2.
• * 1.61

  Iames Mosel•…•… L. 57. Int.〈…〉〈…〉
• * 1.62

  Int. 3.
• * 1.63

  B. 101. Int. 2•…•…
• * 1.64

  Int. 3.
• * 1.65

  Int. 27.
• * 1.66

  Int. 14.
• * 1.67

  B. Int. 29.
• * 1.68

  B Int. 2•…•… Int. 27.
• * 1.69

  〈…〉〈…〉 14.
• * 1.70

  〈…〉〈…〉 28.
• * 1.71

  •…•…nt 3.
• * 1.72

  •…•…es Mosely Int. 3.
• * 1.73

  •…•…n Swinden 48. Int. 9. •…•…ra.
• * 1.74

  •…•…nes Mosely Int. 1.
• * 1.75

  Everard A. •…•…. Int. 35. sup. •…•… Denton E. 6. •…•…. 7. •…•…nes Mosely •…•… 1. Int. 2. •…•…o. Denton •…•… 6. Int. 7. •…•… Everard A. •…•…. Int. 35. Ioh. •…•…inden A. 48 •…•…t. 35. supra. •…•…mes Mosely •…•…. 101. Int. 2. •…•…onveyance •…•… Fenton dat. •…•…. Decemb. •…•…d the Release 3. Decemb. •…•…. Car.
• * 1.76

  •…•…ir Geo. Went∣•…•…orth. •…•…. 14. Int. 2, 3. •…•…r. Edw. Roads •…•…. 19. Int. 2, 3.
• * 1.77

  Hen. Flower M. 43. Int. 8.