THe humble Petition of William Jervis Gent. was this day read.

Resolved upon the Question by the Parliament, That the Petitio­ner William Jervis be called in, to see if he will avow this Petition.

The said William Jervis came to the Bar of this House according­ly; and being at the Bar, the Petition was shewed unto him: and being demanded whether it was his name subscribed to the said Pe­tition, he did avow the Petition, and the matters therein contained: and thereupon, was commanded to withdraw.

Ordered by the Parliament, That a Committee be appointed to ex­amine the matters complained of in this Petition (viz.)

• Mr. Bond.
• Maj. Gen. Butler.
• Maj. Gen. Whalley.
• Col. Fitz-James.
• Sir Samuel Sleigh.
• Sir William Roberts.
• Maj. Gen. Goff.
• Mr. Williams.
• Col. Rous.
• Mr. Bamfield.
• Master of the Rolls.
• Capt. Hatsal.
• Mr. Fleetwood.
• Mr. Waller.
• Lo: chief Justice Glyn.
• Col. Twisleton.
• Mr. Clud.
• Mr. Thomas Gorges.
• Col. Blake.
• Mr. Bodurda.
• Col. Bethel.
• Col. Hatcher.
• Col. Sydenham.
• Col. Coker.
• Lord Euers.
• Sir Chr. Pack.
• Major Jenkins.
• Col. Beomond.
• Col. Shapcot.
• Col. Grosvener.
• Capt. Blackwel.
• Col. Winthorp.
• Col. Crompton.
• Maj. Gen. Desbrow.
• Capt. Baynes.
• Mr. Robinson.
• Maj. Gen. Bury.
• Alderman Foot.
• Mr. William Lister.

And are to meet in the Starchamber at two of the clock this after­noon, with power to send for Papers, Persons, Witnesses and Re­cords.

Ordered, That power be given to this Committee to examine the actions of the Officers for sale of the said Lands.

Ordered, That

• Mr. Attorney-General,
• Mr. Sollicitor-General,
• Mr. Whiteway,
• Capt. Braddon,
• Capt. Stone,
• Mr. Recorder of London,

are added to this Committee.

Resolved, That a Committee be appointed to prepare a Bill to confirm the sale of Estates made to Purchasers in pursuance and according to Acts and Ordinances of Parliament.

Ordered, That the Committee to whom the Petition of William Jervis was referred, shall be the Committee for this purpose; and

• Lord Whitlock,
• Mr. Den,
• Col. Carter,
• Sir Gilbert Pickering,
• Lord Lambert,
• Mr. Charles Lloyd,

are added to this Committee.

Ordered, That the abuses and breaches of trust in the sale of any Lands sold by the Parliament, be referred to the same Committee to examine the same.

• Mr. Cole,
• Mr. Cobb,
• Maj. Gen. Burry.
• Maj. Gen. Packer,
• Col. Salmon,
• Mr. Heley.
• Col. Cooper.
• Sir Richard Onslow.
• Mr. Perkham,
• Mr. Stapley.
• Hen. Scobell, Cler. of the Parliament.

WHereas by the Act of Parliament, the Trustees are tyed up to contract at the values in the Particulars drawn out of the Surveyes, and not under the rates limited in the Act: Yet the Trustees, after contract made, did usually and constantly Arbitrarily abate, Allow, and Deduct to the Purchasors out of the Grosse sums, what they pleased, without Order from the Commissioners for Removing of Obstructions, who by the Act of Parliament have sole Power therein.

Instance in these Particular Cases proved: Viz.

They abated to William Clayton after contract, two several summes of 700 l. and 750 l. out of his Purchase-money for the Mannor of Barley, late parcel of the Estate of William Earle of Newcastle, with­out Order.

Abated to Mr. Hildesley, after Contract, out of his Purchase-mo­ney, for the Mannor of Ascot Doyley, in Com. Oxon. without Order, the summe of 1268 l.

Abated to Mr. Foxley and others, out of Giffords Woods, in Staf­ford-shire, 2500 l. after contract, without Order.

And in many other Cases proved and confest by the said Trustees; there being of this nature about one hundred thousand pounds more delivered to the Commitee in writing, and returned to the Petitioner without Examination.

This Arbitrary power of theirs, against the Law, hath been exer­cised onely in Diminution of the Interest of the Commonwealth; and many score Thousands of pounds they have thus given away; and no better Reasons or Grounds for the particular abatements, then Viz. 1. for Over-valuations. 2. Bad bargains; as Rotten houses, &c. 3. when the thing purchased, after Contract, hath suffered by Fire or Water. 4. Or upon false grounds; as in that Case before recited of Mr. Hildesley's 1268 l. because the Woods in the purchase (as they alledged) was in a Forest: when Mr. Jenkinson, (a Member then accidentally present) did affirm the Lands were out of the Fo­rest; and that the Forest it self was dissaforested long before the War.

They sold Lands for lesse years purchase then was offered, and then the Witnesses before the Commitee did affirme, they would have given, and did profer.

Instance Mr. Lawrence Davis (a Tenant in the Strand) proved he offered 18 years purchase for his house; and they tefused him, and sold it for 14 years and a half to Foxley and other Officers: And the said Davis afterwards gave to the Purchaser of his house, so much as he before offered: else should have gone without it.

Mr. Robert Wakeman proved he offered and would have given 20 years purchase for the Mannor of Mytheooke (being formerly his Ancestors) and they sold it for 16 years and a half.

Captain Botesford proved to the Committee, that he offered, and would have given 10000 l. for the Mannor of Harlington; and they sold it for 5046 l. and but for a Debt: and so they must needs give a Creditor as much more for the Debt, as it was in value.

Observe their grand mystery of this mistake to the Common­wealth upon the reason they give to justifie themselves in so doing.

They say, Because more was bid at the Box, and at that time they said they could not sell it to those that would really have given more then it was sold for.

A strange Argument! could not they have found out the real Pur­chaser, that would have given most at that time; and then con­tracted with him? And if he had not paid in the first moyety of his Purchase-money in Eight Weeks, he was to forfeit by the Act (fol. 1402) a third part of the whole Purchase-money out of all his E­state, and then they are free to sell the same Lands againe.

This was the opportunity that made all their Officers and rela­tions to become Purchasers and sollicitors, and thereby hath da­maged the Commonwealth vast sums of money.

The Trustees have sold many great Estates of the Delinquents in Reversion; and the Leases and particular Estates have had no o­ther Test but itinerant Surveyors, who in the Surveyes mention the said Leases to be onely produced to them.

1. That the Law is direct, that all Estates to be allowed, are to be allowed onely by the Commissioners for Removing of obstructi­ons, as in fol. 1374.

2. The Delinquents had Ten years time to make fraudulent Lea­ses and Conveyances.

3. The Leases produced might be antedated, Fraudulent, or in trust for the Delinquents, and the most difficult thing to find out.

This questionlesse hath dampnified the Commonwealth above a Million of Money.

The Trustees by the Law (fol. 1396.) had power onely to receive two pence in the pound, as the Commonwealth received it, and not otherwise: this would clearly have advanced them twenty thousand Pounds: But they took two pence in the Pound for all Debts allow­ed, contrary to the Law: which hath been worth to them forty thousand Pounds more.

Instance: Mr. Wakeman proved that they had 75 s. 2 d. upon a Lease where the Commonwealth had but twenty shillings. And how they Reprized with a Conveyance, which should have been onely by way of allowance.

In Mr. Chadwicks case, who had a Reprize by Order of the Com­missioners for Removing Obstructions; yet the Trustees keepe back his twopences; which comes to about 30 l.

And in Mr. Austins case 15 s. in Twopences with they received of him, for setting out Land in satisfaction of his Debt.

1. VVHatsoever the Parliament may please to do with the Trustees, Yet remember that the Purchasers, to whom they have Arbitrarily abated, against the Law, after con­tract, stand Debtors to the Commonwealth for that money: which comes to great sums.

2. The Leases by which possession of Delinquents Estates is re­tained, are void by the Act: these Estates are of great concern­ment.

3. The power of the Committee of Obstructions is so plain in the Act, as to the allowance of Estates claymed, that it is highly to be suspected, that all, or most part of Leases, are fraudulent and ante­dated, or in trust for the Delinquents; or else they would not have hazarded their Estates and Leases, which are voyd, for not being allowed by the Committee for removing of Obstructions; as by the Act (so. 1374)

So it is submitted to the Judgement of all unbyassed men, whether the Trustees are, or can be thought to have dis­charged their trust; or to the contrary: who instead of serving the Commonwealth, by advancing their Reve­nue, have made it their business to lessen it, to a far grea­ter damage, then what is suggested by the Petitioner.

IT ia enacted, That all the Manners, Lands Tenements and Hereditaments, with their appurtenances whatsoever, which the Trytors (named in the Act) or any of them, or any for their use, or in trust fer them or any of them, were seized or possessed of, in possession, reversion or emainder, on the 20 day of May, 1642. or at any time since; and all Rights of Entry, &c. be and hereby vested, setled, adjudged and deemed to be, and are hereby in the real and actual possession and seizin of the Trustees, the Survivor and Survivors of them, and their Heirs, and Assigns, &c. to be holden in free and common soccage by fealty only, &c. saving to all and every person, &c. other then to Traytors, and all claiming from, by or under them, or any of them, or to their use, or in trust for them or any of them, since the 20 of May, 1642. all such Estates, Interests, Rents, Incumbrances, Charges, Rights in Law or Equity, which they or any of them, had, or ought to have had, in or to the said Man­nors, Lands, Tenements or Hereditaments, or any of them before the said 20 day of May, 1642. as also all Estates, given, granted, demised, allowed of, or confirmed by Act of Parliament, Order, or Ordinance, or lawful Authority derived from them, to any person or person; if such person or persons, their Heirs, Excutors, Admini­strators or Assighs, do make his or their Right, Title, Interest, Claim, Demand, In­cumbrance or Estate in Law or Equity appear: and shall obtain an allowance thereof before the Committee for removing Obstructions; who are constituted to receive such Claims in writing, and to examine, allow, judge, and determine the same by proof upon Oath, which they had power to adminster at or before the first day of Decem. 1651. whose judgment and determination shall stand good according to the tenor and pruport thereof; which juegment being transmitted to the Trustees, they are to enter, and observe accordingly.

Obj. But the Parliament by this Act, vested in the Trustees no more then the Traytor had: and 'twere unjust for the innocent to be punished for the nocent.

Answ. The Parliament intended not only the Delinquents Estates to be in the Trustees; but all the mannors, Land &c. which they had 20 May. 1642. Now that they might not be deceived by false pretences and clandestine Deeds they put a burden upon the people in general, for a common good, to make cut their Titles before lawful judicature, that nothing might be swept away from them.

1. For the Parliament could by no ther means or way know that they had to fell not being with Delinquens Estates, as Bishops, Deans and Chapters, Kings Lands, &c. these Lands might, by pocker conveyanees, be charged, incumbred or conveyed away, whilst the other had their Records, whic every one might repair to.

2. The Parliament could not other way prevent fraudulent Estates, which they had strong reason to suspect would be use by the Heirs of Delinquents Tenants; nay, the persons themselves in the fale of the other Estates, where the Surveyors might allow the persons whose Lands were sole, could get no benefit by any sinster means; for they had no Heirs nor Successors, Kindred nor Allyance; and by consequence, no ground of impose a little trcuble to particular person, to make claim before a judi­cature? I trow not.

3. The Parliament could make no secure Estate of what for present did appear they had to sell. for might it not be taken away the text yeer, or twenty yeers after, the sale of this certainty had not been made in the way.

4. No person would otherwise lend noney, (which was the Parliament intenti­on to raise) unless they might know their security: which could not be otherwise thea by every man making claim.

For Statures are taken before the Major of Bristol. Glocester, York, &c. and lenders must have travelled to all places to search if this had not been: And was it not well known that Delinquents would use their wits to deceive the State? & is it not evident, that many whose estates were sold, have as good or better means then formerly, though they compounded, &c.

Add to this the necessity of an immediate sale, and that Delinquents might not have time to study cheats; and in this the Parliament did no wrong to any: for all rights were saved, if the parties would not make default. But is this hard measure? Consider the Statute about Fines, (whereof Proclamation is only made at West­minster) If an Heir claim not in five yeers, he is debarred: and upon this very Law are most Estates in England grounded. But an Act of Parliament is publick to all the Nation, and men are bound to take notice of it: and this for Deliaquents Lands none more lookt after, yet did the Parlia. give several days for allowance of claims.

To make it evident, That the Trustees bad no power to allow of claimes: consider further:

1. What they had by the Act: All Estates of the Delinquents were conveyed to them, and so nothing could be taken out of them, but what is included within the saving, and upon pot­formance of condition also. Now exeept the Trustees can finde another saving in the Act, they could not pass away any Estate vested in them upon valuable considerations, unless such as were in the first saving: so that what the Trustees have reprized without Order, is so much given away.

Object. But the Trustees did allow nothing but what was right.

Answ. Is it enough for them to usurp a Judicature, and then say, they have done nothing but what is just? shall a Judge take upon him the power of a Jury, or a Jury a Judge? was not this a praemunire? Is not Power the great thing contended for in the world? and may not the Trustees say to one to whom a reprize is by them granted, We will secure you from question, for we have power to do it? What would thousands give for a power to take away the Act a­bout Fines, and no Claim? but these Gent. have assumed a power to allow either that which is not right, or what was neglected to be claimed, or to such parties who durst not endure the trial of examination by testimony upon oath before the Committ. for removing obstructions.

Obj. But 'twas no prejudice to the publick. The Trustees allowed reprizes; for if they had not, others would.

Answ. 1. If they had not, no body could.

2. Is Allegation a proof? The Trustees had no power to administer an Oath: will not any man say, That's right which I have done?

3. Are not a thousand Leases, &c. counterfeited or made finee 1642. or antedated, and shall a man judge that to be right, because another says so?

4. It is to be presumed not one allowed by the Trustees is just, because it was without a lawful power: is not he that comes in at a window a thief?

Object. But 'tis hard that poor men should lose their estates for not claiming nor obtaining Order from the Committee for removing obstructions.

Answ. Had they any nay, it is to be believed, they had none, for what they have done by an extrajudicial allowance.

Object. But Purchasers will be undone if the reorizes granted by the Trustees should not continue.

Answ. That's a grand mistake: for,

1. No reprize is conveyed, but so much saved out of the purchase.

2. Is it not just some should enquire into such allowances?

3. It was the intent of the parliament, That all claims should be put and allowed before any survey was returned; and so they were generally. What then have the Trustees to do, to meddle with them, unless it be to say as Absalom did, he would be more just then his Father David? shall the wisdom of a State be controlled by their servants? what the consequence of that would be, is humbly submitted to judgement, with what hath been before said.

• Sir John Stowel, above 06000
• Geo. Duke of Bucks, above 04000
• Jahn Earl of Bristol, &c. 02000
• Will. E. of Newcastle, above 15000
• Sir John Culpepper, above 01000
• Edw. Ea. of Worcester, above 17000
• Sir John Winter, above 03000
• Mar. of Winchester, above 18000
• Sir Ralph Hopton, above 02000
• Earl of Castlehaven, above 04000
• James Bunce, above 01000
• Charls Townly, above 02000
• David Jenkins, above 01000
• Earl of Chesterfield, above 06000
• Sir John Somerset, above 01500
• Sir Percy Herbert, above 01000
• Rawland Eyre, above 01500
• Cuthbert Morley, above 01000
• James Ea. of Derby, above 15000

• William, Lo. Craven, above 25000
• Peter Gifford, above 02000
• Walter Fowler, above 01600
• Thomas Clifton, above 01200
• Sir. Edward Radcliff, above 02000
• Sir Walter Vavasor, above 02500

• [Page 8]sold, and worth per annum
• Sir Thomas Aston, above 00600
• Richard Edgerton, above 02500
• Fran. Gamwel, above 00500
• Sir Charls Howard, above 00800
• Cuthbert Collingwod, above 00600
• Sir William Fennick, above 00700
• Hen. Lor. Arundel, above 05000
• Hen. Lord Morley, above 02000
• Charls Gerrard, above 00700
• William Sheldon, above 04500
• Sir Andrew Young, above 00400
• Lawrence Sayer, above 00500
• Sir Baynham Throgmorton 00400
• Sir Nich. Thornton, above 00700
• William Chilcot, above 00800
• Sum—157000 per ann.

Memerand. These Estates were sold some at 10 years purchase, some at 11 12, 13, 14, 15, 16, 17, 18, 19 20 years purchase, and upwards. But admit they were all sold but at twelve years purchase one with another, the Purchase-money of these fourty persons estates at that rate, doth amount to 1884000 l. and this averted to be within compass, take the said Estates all together. So that by these few E­states it plainly appeareth, that their allegation is false. Besides, there are above 700 persons estates more sold at Drury-house, of very considerable value.

Memorand. The Purchaser pays in half Money and half Bills: the Bills they buy for 2 s. 18 d. 12 d. 6 d. and sometimes for 4 d. in the pound. But admit all at 2 s. in the pound, the purchaser hath 40 s. worth of land for 22 s. and gives but 12 years purchase neither: which comes not to seven years purchase for Fee-fimple.

That price of bloud is brought to a Groat in the pound, by reason of these great Cheats and forgers of Bills, which still go unpunished.

The names of certain Officers at Drury-house Impleyed by the Trustees, or nominated in the Acts for sale of Delinquets estates so scised to the Commonwealth for treason, being above 780 persons: of which there are above 20 Dukes, Marquesses, Earls and Lords; about 70 Knights and Baronets, above 500 Esquires and Gentlemen of great estates, and the rest considerable when under Sequestra­tion: which said Officers have contracted for great Revenues, being put all together with the Trustees when first they were employed, were not worth any thing, if their debts had been satisfied.

• Impr Ralph Darnel their Register, above 02000
• Sam. Faxlty his Clerk of the Surveys, ab 25000
• Edw. Took his Deputy-Register above 04000
• John Baker Surveyor general, above 05000
• [...]dw. Green Regist Accomptant, above 08000
• Joh. Borrodal Dep. Treasurer, above 00300
• Jo. Martin, Clerk under M. Darnel, abo. 00400
• Tho. Hartley the House-keeper, above 06000
• Hopkins, Mills, & Howet their doork. &c. 07000
• Edw. Trusteen, Mr. Sedly's man, above 01000
• Isaac Morgan, once Maj. Robins. man, ab. 06000
• George Billinghurst their Secr. above 00100
• Job. Smith, Clelk of Comtracts, above 00400
• Broome Foxley, Clerk, above 00100
• Mirs Latham that drest their victuals, 00120
• And some five other Agents, who made it their daily practice, both by themselves and servants, who purchased above 50000 Sum is 115520 l. per annum.

Memorand. Most of all these persons were eminent Sollicitors, and great buyers of Bills and Debeaters, and applied many thousand pounds of Debenters to their Purchase, whereof ma­ny have since proved to be false, forged, or formerly sold, and applyed to Former Purchases: and these estates for the most part contracted for privately, and not according to the Act; and many other great estates (not mentioned in this Paper) contracted for by the Trustees fathers, brothers, &c. which if truely erunined, it will undoubredly appear, that they were bought in trust for the said Trustees themselves.

It is also averred, that both the yearly values, and the gross sums, do far surmount the va­lues in the particulars here mentioned.