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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B01653 To the right honourable the high court of Parliament of the common-wealth of England. The humble petition of Iames Biddlecombe. Biddlecomb, James. 1650 (1650) Wing B2884A; ESTC R172965 2,205 1

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TO THE RIGHT HONOURABLE The high Court of PARLIAMENT of the COMMON-WEALTH of ENGLAND The humble Petition of Iames Biddlecombe HUMBLY SHEWETH THAT John Cifrewest Gent. was lawfully seized in his Demesne as of Fee of and in the Mannor of Moorechrichell and of and in the Advowson of the Parish Church of Moorechrichell aforesaid in the County of Dorcet and the Premises afterward descended and lawfully came to Dorothy Morgan wife of Gregory Morgan Gent. That the said Dorothy and Gregory Morgan by the advice of Sir Robert Napper Knight for the prevention of the sale thereof the said Gregory being profuse and an ill Husband about Michaelmas Tearme in the foure and thirtieth yeare of the raigne of Queene Elizabeth did levy a Fine thereof to the said Sir Robert Knapper John Fitzjames and John Coward Gent. in trust to and for the use of the Cognizers and their Heires That the said Sir Robert Knapper having obtained the Fine aforesaid to be levied did subtilly advise and procure the said Gregory Morgan and Dorothy by Deed to limit the use of the said Fine to the said Sir Robert Fitzjames and Coward and thei● Heirs with a Proviso therein that upon the tender of a paire of Gloves of six pence to Sir Robert Napper by the said Dorothy and declaring any new use the Fine should be to the use of such persons and in such manner as should be so newly limited That notwithstanding the said Sir Robert Napper did well know of the said Fine and Deed was levied and made only in trust yet intending thereby to obtaine the premisses to himselfe upon the deaths of the said Gregory and Dorothy refused to grant the premisses to John Biddlecomb your Petitioners Grandfather who was next Heire to the said Dorothy but entred and possessed himselfe of the same as though there had beene no trust in him reposed by the said Cognizers although there was never any consideration paid by the said Sir Robert Napper for the same and although the said Dorothy was ever untill her death reputed owner of the premisses That to intitle himselfe wholy in Law to the Premisses the said Coward being dead for 700 l. given by him to Fitzjames procures Fitzjames to release to him the said Sir Robert Napper all his right and claime in the Premisses That he having now by subtilty obtained his ends he still refused to grant the Premisses to your Petitioners Grandfather and to be relieved in Equity your Petitioners said Grandfather preferr'd his Bill in Chancery and thereupon by the power and procurement of the said Sir Robert Napper it was decreed in May the first yeare of the late Majesty King James although much equity is expressed in the Decree it selfe for your Petitioners Grandfather and although no sufficient ground is therein set forth to warrant a Dismission that the Plaintiffs Bill should be dismist and that the Plaintiffe should have 200 l. onely from Mr. Fitzjames out of the 700 l. which Mr. Fitzjames had received for his release aforesaid That the said Sir Robert Napper being a powerfull man and your Petitioners Grandfather being much weakened in his Estate by reason of the said Suit and not longer able to strive with them in his life time your Petitioners Grandfather never as yet received the 200 l. or had any consideration for the said Premisses but shortly after died That after his death your poore Petitioners Father was disabled to prosecute his right yet occasioned your Petitioners Father through griefe to fall into a lunacy and distraction of minde which he continued untill his death so that he was uncapable in his life time to prosecute his right by means thereof and having no friends that durst take upon them to question your Petitioners fathers right being awed by the power of the said Sir Robert Napper and Nathaniel Napper his Sonne and Sir Gerard Napper his Son and Sir Gerard Napper hath successively kept and injoyed from your Petitioner the said Mannor and Premises and the said Sir Gerard Napper doth most unconscionably keepe and injoy the same and refuseth to grant the Premisses to your Petitioner according to the trust in the said Sir Robert Napper reposed by the said Gregory Morgan and Dorothy Now forasmuch as the said Fine was levied and the said Deed of uses made to the said Sir Robert Napper the said Fitzjames and Coward but onely in trust and for that it appeareth by Sir Roberts owne Answer in the said suit that he never gave any consideration as purchase money for the Premisses but that he only lent her or laid out for her 400 l. which cannot be any valuable consideration the Premises being at least 500 l. per annum And for that some short time before the said Dorothy's death when she would have tendred a paire of Gloves to the said Sir Robert Napper to revoke the said Deed of uses the said Sir Robert Napper was in Ireland and there continued till her death and for that by the said Decree it selfe much equity doth appeare for your Petitioners Grandfather yet his Bill was unjustly dismist onely allowing him 200 l. And forasmuch as the said Sir Gerard Napper hath gotten into his custody all the Evidences concerning the Premises so that your Petitioner cannot evidence his right And forasmuch as your Petitioners Grandfather was awed by the power of the said Sir Robert Napper and weakened in his ability to resist them or to seek further reliefe for his just right And for that your poore Petitioners Father by reason of his infirmity aforesaid was disabled to seek reliefe in life so that by occurrence of time and by the potency of Sir Gerard Napper and the Poverty of your Petitioner your Petitioner is altogether hopelesse to recover his right in any other way but by the Clemency of your Honours Your poore Petitioner therefore humbly beseeches your Honours to take his miserable estate into consideration and to call the said Sir Gerard Napper before your Honours and to compell him to bring into this House all the Deeds and Evidences of the Mannor and Premisses that thereby your Petitioner may have your Honours cleare evidence of his right and that your Honours would be pleased to take such speedy course for your Petitioners reliefe in all and singular the Premisses as to your grave Wisdomes shall seem most meet And your poore Petitioner shall ever pray c.