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

CHAP. III. That then the Defendant Nevile, coulerably grounded a Suit in the Court of Wards against the Defendants William Copley, and Edmund Hastings, and Mary his Wife, and having then & there produced the Defen∣dant 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. (Book 3)

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.

* 1.1Francis 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 deli∣very of it. Contrar.

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.

* 1.2G. 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.

Contrar.

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 shew for any thing left him by G. Copley, and

that Francis Nevile sued him and Edmund Hastings,* 1.3 only to work mischief amongst them (and although Francis Nevile had said that if the Divel 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 Wit∣nesses, 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 Edmund 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.* 1.4 and which were worth 20000 l had they not been forged. viz.

1. His Lease of the Demeasnes 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 Plumtree, 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 Demeasnes of Plumtree for 3200 l. The Demeasnes of Plumtree 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 Deed 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. Contrar.

Mr. Proctor advised Gervas Nevile to search the Rowles and the Exchequer, for G. Copley's Deed of power, and Francis Nevile after Hillary Term 1633. left his three Leases and G. Copley's Deed of power with him to draw up G. Copley's Office, which was before the Suit 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 Demeasnes of Plumtree, 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 Fran∣cis Nevile and Edmund Hastings.

1. Edmund 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. Edmund Hastings knew Francis Nevile's said Lease to be forged, and asked him with what Consci∣ence 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. Edmund Hastings did not then examine Thomas Walker and Richard Elton two of the witnesses to his pretended Lease, although they were then his houshold Servants, and have now denyed their writing of their names to it, and G. Copley's sealing and delivering of it.

5. Edmund 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 Demeasnes of Plumtree for 21. years, had destroyed his own Lease (quantum ad illum) if it had been rightly obtained.

6. Edmund Hastings writ from Newark to his Counsell at London, to stay proceedings till be came up for that Francis Nevile and he were upon terms of Agreement.

7. Edmund Hastings being in possession of the Demeasnes of Plumtree, 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 Edmund Hastings before the Decree, and that if he recovered the premisses, that Edmund 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 Edmund Hastings till first there should be a hearing.

2. The said Agreement betwixt Francis Nevile and Edmund Hastings, before the Decree was put into Articles in Writing, and upon Francis Nevile's Assignment of the Demeasnes of Plumtree, for Mr. Hastings use, or shortly after the said Articles of Agreement were cancelled and torn in pieces.

9. Francis Nevile assigned to Edmund Hastings the Demeasnes of Plumtree 16. Jun. 10. Car. for 2650 l. but there were only paid 850 l. and Edmund Hastings assigned the Remainder to be paid to Fran∣cis

Nevile by the Defendant Copley, who never owed Edmund Hastings above 10 l. or thereabouts, it was only a pretence to colour theit combination.

Note, Edmund Hastings having a conditional Moyety of the Petitioners Leases, viz. in case he and his Wife setled 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 vowes 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 pur∣chase 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.

Notes

• * 1.1

  •…•…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. Iun. 15. Car. 0. No. 15. Car.
• * 1.2

  Hugh Everard •…•…ourt of Wards •…•…ran. Nevile •…•…laintiff and •…•…dm. Hastings Def. f. 7. Int. 17 ••ugh Everard Court of Re∣•…•…uests. 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.
• * 1.3

  Will. ••ec•…•… A. 109. I•…•… 101. James Pie•…•… A. 120. In•…•… 102. John Roger. A. 89. Int. 1 Hercy Nevi•…•… A. 91. Int. 1
• * 1.4

  D••rcy Washi•…•…¦ton. B. 55. In•…•… Ralph ••indo•…•… E. 49. Int. 83 Emman. Mo•…•… D. 69. Int.〈…〉〈…〉 J. 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 Co∣pley'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.