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

§. 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.

* 1.1Francis Nevile knovveth not vvho vvrit his said Lease, not vvhen 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.

* 1.2He doth not know that the said Lease was vvritten by the same man that ingrossed another Lease of the same date, made to him by the said G. Copley, of the Demeasnes of Sprotbrough and other Lands for Tvventy one years.

2. The Defendant Clayton did not write the said Lease, &c.

* 1.3William Clayton did not vvrite the said Lease, nor doth he knovv, vvhen or vvhere it vvas vvritten or vvho procured it to be vvritten, nor had he any Revvard given nor promised for vvriting it.

Note, That Francis Nevile and William Clayton have perjured themselves, and that his said Lease, and his other tvvo Leases found in G. Copley's Office, are of William Clayton's hand-Writing, and vvere vvritten by him after G. Copley's death, as vvill thus appear.

1. Francis Nevile knows the Defendant Clayton's hand writing.

* 1.4Francis Nevile and the Defendant Clayton have been of long acquaintance, and Nevile hath employed Clayton in many of his Affairs, and in vvriting for him, and in Suits of Lavv, and he believes in his conscience that he is vvell acquainted with Clayton's hand writing.

* 1.5The 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. Co∣pley'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. Sunder∣land 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,* 1.6 he had 〈…〉〈…〉 ••rancis Nevile good Service as concerning G. Copley's Lands in Nottinghamshire, and as concerning a Lease of Sprot∣brough, 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 courtesie.

The Defendant Clayton said, that Mr. Nevile then took from him the said Writings.* 1.7

She heard the said Clayton say, that he had made Leases of the said G.* 1.8 Copley's Lands in York-shire and Nottinghamshire for Francis Nevile.

He hath at several times heard the Defendant Clayton say,* 1.9 that he had been imployed by and for the Defendant Nevile, as well in Nottinghamshire as elsewhere abroad, and complained that Francis Ne∣vile 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,* 1.10 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.* 1.11 Nevile had setled 10 l. a year upon his Wife if he the said Clayton should dye before her. And that the Defen∣dant 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.* 1.12 principal Debt, and at Clayton's perswasion they then gave a Warrant of Attorney to acknowledge Judge∣ments upon it, and Nevile then lent but 20. l. whereof he this Deponent had only 5 l. but Francis Ne∣vile 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 af∣ter the money was due, Francis Nevile took out Execution against this Deponent who paid Francis Ne∣vile 59 l. in discharge thereof.

The Defendants Nevile and Clayton have been long acquainted,* 1.13 and the said Nevile hath much be∣friended him, and freed him from some Debts for which he hath been arrested, and the Defendant Ne∣vile 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 summe of money (but how much he knoweth not) to Francis Nevile, and being sued for it, Mr.* 1.14 Medcalfe paid it for Kitchen to Nevile.

Mr. Nevile made a Letter of Attorney to the said Mr.* 1.15 Medcalfe to sue the said Bond against the De∣fendant Clayton, and before the Tryal he made a Release or some other Act, which troubled Mr. Med∣calfe and put him to much charge.

He heard the Defendant Clayton say, he could have what money he would of the Defendant Nevile,* 1.16 for that he had done him a courtesie.

He being in company with Mrs. Ellen Nevile, at her Chamber in Grayes-Inne-lane,* 1.17 heard the Defen∣dant 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 wit∣nesses 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,* 1.18 he could produce the man that did write the Lease now in question if need should require.

Obadiah Martin and the Defendant Clayton at Marr shortly after Michaelmas last,* 1.19 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 Plumtree and other Lands, which the said Nevile claimeth to have from the said G. Copley? where∣unto 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 Com∣plainant had taken a wrong course to make him a Defendant in his Suit, 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 Marr in October last,* 1.20 and there of himself speaking of this Suit, 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 intreat him to acquaint Dr. Livett with so much, and said then he would do him good; and his Wife could also be a witnesse 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 ac∣quaint 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 witnesse, 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.

* 1.21The Defend•••••• Clayton shortly after Michaelmas last, came to Mr. Lewis his house in Marr, where he heard the said Clayton intreat the said Mr. Lewis to move the Complainant Dr. Levett, that he would produce him as a witnesse, and not make him a party to this Suit, 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 fur∣ther 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 Suit, and therefore he the said Clayton was fully resolved not to swear or do any thing to hurt or prejudice the De∣fendant Nevile or his Leases: But said that if he had not been made a Party, but been produced as a wit∣nesse in this Cause, he would have sworn the Truth.

* 1.22He heard the said Clayton then say that he was very desirous that the Complainant should not make him any party to this Suit, further then saying, that if he did make him party thereunto, he would absolutely de∣ny 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 Witnesse, he would then swear the truth, and both would and could do him good therein.

* 1.23The Defendant Clayton came to his house shortly after Michaelmas last, and speaking of this Suit told him that Dr. Levett had done himself wrong, to make him the said Clayton a Party to the said Suit. But if he had produced him as a Witnesse and not made him a Party, he could and would have done the said Dr. Levett some good therein as a Witnesse, 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 businesse, 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 concer∣ning 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.

* 1.24He was the Defendant Clayton's Brothers Clerk, and is very well acquainted with the Defendant Clay∣ton's hand writing, and doth believe that Mr. Nevile's Lease of Plumtree 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 usu∣ally write.

* 1.25He telling Mr. John Clayton (the Defendant Clayton's Brother) that he thought the Complainant would examine him, if he knevv the Lease in question to be of the Defendant Clayton's hand Writing, unto vvhich Mr. John Clayton replyed, that there vvas no question but it vvas his hand vvriting.

* 1.26He doth verily believe that the Defendant Clayton vvrit the Witnesses names endorsed on the back of the said Lease, named Thomas Walker and Robert Soreby, being Wtitten in Secretary for that it is very like his running hand.

* 1.27He hath seen divers Writings vvritten by the said William Clayton both in paper and parchment, and is well acquainted with his hand Writing. He doth believe that the Writing novv shewed unto him is of the proper hand Writing of him the said Wiliam Clayton, for that the Characters of the Letters, and the fullnesse 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.

* 1.28He saith that so far forth as possibly one man may know another mans hand Writing that did not see him write it, he knoweth and verely believeth in his Conscience that the Defendant William Clayton wrote the Endor••ement upon the said Lease of Plumtree.

* 1.29Francis Nevile produced three Leases at G. Copley's Office finding at Wakefield, vvhich vvere found in it to be to his use, and which Leases being vievved by this Deponent, vvere by him conceived to be the hand Writing of the said William Clayton, vvho vvas there and then present, vvhose 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 Ansvver, say nothing thereof to Mr. Nevile.

* 1.30He vvas of Council vvith the Defendant Mr. Francis Nevile, vvhen the Office vvas found at Wake∣field, after the death of the said G. Copley, concerning such lands as he dyed seised of, and did see, read, and peruse the three Leases before metioned, and did conceive them all to be of one hand vvriting, 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 vvere 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 Counsellor at Lavv) acknovvledged to M. Washington that he knevv a vvay to overthrovv the said Leases,* 1.31 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 vvere not overthrovvn, and he said it vvas to be done by the Defendant Clayton. And John Clayton did often im∣portune him, and used several Arguments to embrace the said offer and contract.

* 1.32Mr. John Clayton said that they vvere executed privately, and there vvere but tvvo or three at the ex∣ecution of them, or that knevv of it, and that the Defendant Clayton vvrit them out of the Instructions vvhich Francis Nevile gave him under his ovvn 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 bene esse,* 1.33 and did not exa∣mine 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 denyed that he writ the Lease which Mr. G. Copley had made to Francis Nevile, let him shew 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 hang'd 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,* 1.34 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,* 1.35 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.* 1.36 in gold to put in his Answer to the Petitioners Bill in the Star Chamber, which Mr. Nevile's Counsell had drawn up, without the said Clayton's privity? And did not Clayton also shew 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,* 1.37 I will tell you the best Jest that ever you heard. How say you, but Francis Nevile and I have written the six wit∣nesses 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,* 1.38 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 replyed with an Oath. (Will.) dost thou think I am mad? I'll warrant thee no swearing, I have but a couple of Fooles (Copley and Hastings) to deal with, I will onely shew 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 Deed with a clause of Revocation.

Interrogate. If the Defendant Clayton did not shew you a Deed,* 1.39 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 Counsellor 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,* 1.40 and left it with a Councellor 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 write it after G. Copley's death, and it's proved to be my hand writing, and therefore I expect nothing but a cen∣sure; 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 death∣bed?

Interrogate. If the Defendant Clayton did not in his Sicknesse a little before his death,* 1.41 say that his making of Mr. Nevile's said Lease, did lye 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?

Notes

• * 1.1

  •…•…ancis Nevile •…•…am. 18. Int.
• * 1.2

  •…•…t. 24.
• * 1.3

  •…•…ill. Claxton •…•…x••m. 1. Int. 2.
• * 1.4

  •…•…er Gleidhill •…•… 101. Int. 1.
• * 1.5

  •…•…ger Ap John •…•…. 50. Int. 24.
• * 1.6

  Ellen Nev•…•… C. 1. Int.
• * 1.7

  Int. 16.
• * 1.8

  Int. 17.
• * 1.9

  Peter Glei•…•… C. 101. In•…•…
• * 1.10

  Thomas Bre•…•… A. 47. Int.〈…〉〈…〉
• * 1.11

  Thomas Rat•…•… C. 118. Int.〈…〉〈…〉
• * 1.12

  Samuel King A. 63. Int. 1•…•…
• * 1.13

  Robert ••enso C. 50. Int. 1
• * 1.14

  Int. 29.
• * 1.15

  Int. 30.
• * 1.16

  Thomas Ratcl•…•… C. 118. Int. 2•…•…
• * 1.17

  Robert Lund A. 127. Int. 4•…•…
• * 1.18

  Thomas Ratcli•…•… C. 118. Int. 1•…•…
• * 1.19

  Lewis Wiggan A. 126. Int. 5•…•…
• * 1.20

  Thomas Lewis B. 43. Int. 1.
• * 1.21

  •…•…iah Martin 122. Int. •…•….
• * 1.22

  〈…〉〈…〉. 142.
• * 1.23

  •…•…onard Wray 143. Int. •…•…1. 142.
• * 1.24

  •…•…mon Fawcet •…•…. 113. Int. 19.
• * 1.25

  •…•…nt. 23.
• * 1.26

  •…•…n••. 28.
• * 1.27

  •…•…ho. Ratcliffe C. 118 Int. 19.
• * 1.28

  Int. 22.
• * 1.29

  Henson Broome Court of Re∣quests, ex parte Ellen Nevile fol. 41. Int. 11.
• * 1.30

  John Clayton C. 68. Int. 24.
• * 1.31

  Darcy Washing∣ton B. 55. Int. 2
• * 1.32

  Rob. Benson. C. 50 Int. 20. Ellen Nevile C. 1. Int. 18, 43
• * 1.33

  Order 8. M 14. Car. Inter. this
• * 1.34

  Will. Gray B. Int. 9.
• * 1.35

  Inter. this.
• * 1.36

  Inter. it.
• * 1.37

  Inter. this.
• * 1.38

  Inter. this.
• * 1.39

  Inter. this.
• * 1.40

  Inter. this,
• * 1.41

  Inter. this.