[...] tweene one
Edward
[...]
England, Gent. and one
[...] in the County of
[...]ecks,
Esq in
[...] Mappe, may be seen
[...] undue, and fraudulent
[...] Arbitrary oppression, as the
[...]
[...] strate.
On the 7. of
November, 1650.
[...] specious pretences procured his
[...] the late House of Parliament, and
[...]
That his Uncle, one Thomas Bullock
[...]
time, if true, had been above threescore
[...] Petition was exhibited) morgaged the
[...] of Arberfeld
and Barkham
in the County
[...] Edmond Standen
Esq
for 4000 l.
with
[...]
[...] demption (as Bullock did alledge)
and
[...] corrupt practices betweene the aforesaid
[...] and the Lord Keeper Egerton.
The
[...]
[...] tified by Decree on behalfe of Stan
[...]
[...]
further consideration. To that
[...] the Parliament gave some
[...]
[Page]
[...] late)
[...] who were chose
[...]
[...]
[...]tion, should give credit to such a
[...]:
1. For first, How could their late Honours support, that a
[...] (if any such had beene)
touching a M
[...]gage would not have beene complained of, and also redressed or relieved in the time of so many succeeding Lord Keep
[...], or Parliaments, during the space of sixty, yeares;
2.
[...], the true Case betweene
[...]der and
[...]llock aforesaid is a Book case reported by the
[...] Cook in his third Book in
Twines Case, and
[...] his
[...].
[...] in
G
[...]s Case; so that such Lawyers as
[...] in
[...] might (as according to their trust they ought
[...] such a frivolous and scandalous
[...] the late Honourable Mr.
Speaker did his
[...] therein] unlesse such Lawyers feared, as
[...] they should have been thwarted by some of
[...]. Thirdly, the matter of that Petition
[...] of equity (as alleadged) and forasmuch as
[...] was of great concernment, it ought in
[...] have beene Committed to the Lord Keepers,
[...]
[...]oners of the Great Seale to have heard, and
[...] the Case
according to the Rules of Equity con
[...]
[...] For Equity is but a Candid, or milde in
[...]
[...] of the Law, not an abolition thereof or
[...] case ought to have beene referred to some
[...]
[...]ery to have examined, heard, and re
[...]
[...]
[...]use: but the businesse ought not to
[...] the Committee of Indempnity (of which
[...] might at his pleasure become
[Page]
[...]
England might
[...]
Pleasure,
[...] wherefore I shall
[...] Petition to instan
[...]
[...].
Three things
[...] other Power in
England
[...] they
[...] become Tyrants, Oppressions, or
[...] to their Co
[...]y) to witt,
1. To deliver over this people to a
[...] Government.
2. To deliver over the
[...] the
[...]ation ill Benefit) of this people
[...] distinct in Law and Government.
3. To deprive this people
[...] the
their Nationall Right: to witt, to
[...]
Right against
Law in Being; in regard
[...] is only
Effectively or
Efficaciously) not
[...] to the La
[...] [nor hath any Parliament in
England
[...] be
[...] otherwise] so that the Parliament
[...] Law (howbeit not against the Law of
[...] as such a Law is in Being, neither the
[...] any other power can of
a legall matter
[...]
[...] trary. The reason of all is, For that
[...] ought to be
Regular, in order unto the
[...] (THE SVPREAME LAVV) not any
[...]
[...] ry tending to their destruction.
Wherefore if the Parliament, or any
[...] at any time give, or grant the right of
[...] meerely because it shall be their
[...] should violate the right of one
Act
[...],
[...]
[Page]
[...] forasm
[...]
[...] undergr
[...]
[...].
☞ And
[...] Petition; after he had obtained the
[...] in stead of producing
the Deed of
[...] in
[...] insisted upon (as by the said Petition it doth, and may appeare)
[...]llock moved the Committee for Indempnity (some of whom were his Complices for another Order into the Country to examine Witnesses on his behalfe, touching the pretended Morgage aforesaid, and that Committee (although they were no way warranted by the Parliaments Order) granted unto him an Order, or Commission to that end, wherewith
B
[...]llock
[...]er came into the Countrie, vapouring of his great friendship, and acquaintance with Parliament men, and that they were sure to have the Manours and Lands mentioned in the Petition aforesaid; by which subtill deportment, and by promises of courtesies, and friendly▪ Neighbourhood, &c.
Bullock's Brother (one
[...]
[...]ock) craftily-won unto himselfe many ignorant and credulous people in and about
Wockingham, especially such as were of his owne Name, Kinred, and Friends; some of whom (allbeit but Cottagers and such like) by vertue of the
undue Order or Commission
[...] Committee of Indempnity (for they had no
[...] to grant it) were induced to depose; and deposed,
[...] heard say, that the Mannors, and Lands mention
[...]
[...] morgaged for 4000 l.
that they had heard say, that the Lands were worth 800 l. per ann.
at the time of sale; that they heard say, that the Woods and Timber were worth, said one, 8000 l.
sayes another, 10000 l. &c. With those depositions,
Bullock and his Brother exceedingly boasted, and at
Westminster moved the aforesaid
[Page]
[...]
Decr
[...]
[...]
Standen the
[...] made
[...] undenyable Rec
[...]
[...] under the Great
[...].
Bullock
[...] ther produced any su
[...] Decree, no
[...] is any such producible. that the
[...] Lands were
[...]. After
[...] his Bro
[...]
[...] Progress in the
[...], they then beg
[...] to
[...] after the Commissioners for I
[...]
[...]berdashers Hall) were instituted
[...] in
June the 23. 1652. which
[...] without any
☞ power given them by the said
[...] scope of the Act is meerely for matters
[...] for any case referred by speciall Order of the
[...] to the late Committee) did voluntarily undertake to re-heare the said case (betweene
Bullock and
Standen
[...] on the first of
October 1652. The very day
[...]
[...]hich re-hearing,
Bullock had procured one fellow to
[...] somewhat more then his former Deponents, and
[...]
[...]nden the Defendant did make the contrary
[...] and undenyable Records (and certainly
[...] of men, who may possibly, yea probably,
[...] in this case on
Bullock's behalfe, ought to
[...] with Records) yet the said Commissioners
[...] heare the case, to the great charges and tro
[...]
[...]
[...] den the Defendant; and not long before the
[...] of the late Parliament ordered
[...] both
Bullock
[...]
Standen should present their casts severally in writin
[...]
[...]
[...] der their
Hands unto Mr.
Brereton of Councel for
[...]
[Page]
[...] would
[...] the
[...]
Howe
[...]
[...]
[...] tion, both
[...]
[...] fence punctually
[...]
[...] fore the said Commissioners, and
[...] unto Mr.
Brereton aforesaid, under the
[...] Hand; ho
[...]ing that here
[...] such
[...] proceedings whereby any
[...] danger
[...]; but that according for the Lord Generalls late Declaration (
April the last
[...].)
The
[...] of the Land shall be observed and obeyed.
William Ball.
May the 25. 16
[...].
To the Supreme Au
[...]ity
[...]
[...] tion, the Parliam
[...]
[...] The humble Petition of
Edward Bullock Gentle
[...], an Inhabitant of
New-England.
SHEVVETH,
THat
Tho: Bullock your Petitioners Ʋnkle being seized of two Mannors to him and his heires males for ever,
viz. the Mannor of
Arbeifeld and the Mannor of
Barkham, and divers other Lands lying in the County of
Berk of the yearly value of
800. l. or thereabout, the timber growing then upon the said lands being worth
10000. l. and upwards. And the said
Tho: Bullock above
70. yeares since mortgaged all the said lands to one Master
Edmund-Standen for
4000. l. with a full power of Redemption, (as by the Deed of Mortgage appeareth.) And your Pet. further sheweth, That the said
Tho: Bullock shortly after dyed, leaving the redemption of the said Lands unto his Brother
William Bullock your Pet. Father, who was Heire at Law to the said
Thomas. Whereupon
Will: Bullock exhibited a Bill in Chancery against the said
Standen, whilst
Edgerton was Lo: Keeper: but the said
Standen being powerfull with the said Lo: Keeper, upon Bill and Answer obtained a Decree or Order in ratifioation of the said Mortgage, without paying any more money for the said Lands, though it was then well known the Lands and Timber growing thereupon, were worth above
20000. l. more then they were mortgaged for. And your Pet. farther sheweth, That the said
Will: Bullock his Father was committed to the Fleet, and there remained a Prisoner by the space of five years, meerly for speaking in his owne Cause at the time of Hearing, which was to the ruine of him, his wife and ten children then living. Afterwards
Will: Bullock dyed and left foure sons living,
viz. Thomas, William, your Petitioner
Edward, and
F
[...]eet. Thomas and
Will: dyed without issue, so that your Pet. is now Heire at Law, and hath the onely equitable interest for redemption of the said Lands. And your Pet. further sheweth, that the said
Edmund Standen long since dyed, leaving all the said mortgaged lands to one
William Standen
Esq his onely child, who about ten years since dyed without issue. But
[Page]so it is, (
[...]y it please this Honourable Assembly) that one
William Sp
[...]d
[...]n laid Citizen and
[...] of
London, hath gotten into the possession of all the said mortgaged lands, insisting upon the validity of the said D
[...] or Order, resol
[...]ing to hold the lands against your Pet. having the present advantage of all the rents and profits of the said lands, being now worth
1000. l. per ann. or thereabouts.
Now forasmuch as your Pet, (an inhabitant of
New-England) receiving encouragement by severall eminent acts of Justice to others of the like nature to attend this Honourable Assembly for
[...]fe against that corrupt Decree or Order made by the said Lo: Keeper in behalfe of the said
Standen.
Your Pet. humbly implores this honourable Assembly, That the whole proceedings touching the obtaining of the said Decree or Order, together with all the foule and corrupt practises therein may be referred to the examination of a Committee of P
[...]rl. That so your Pet. may at length by the justice of this renowned P
[...]l▪ be restored to the due inheritance of his Ancestors of more than
500. years standing, in possession. And your Pet. shall not onely submit to what your Honours shall think equall and just, but
He and his Fathers house shall pray, &c.
Edward Bullock.
THE TRUE STATE OF The Case of William Standen;
Esq Defendant, against Mr.
Edward Bullock Petitioner Complainant, as it hath been lately made appeare before the now Commissioners for Indempnity sitting at
Haberdashers Hall,
LONDON.
1
THe Mannors, and Lands in the Petition mentioned, and complained of, or pretended to have been Morgaged by
Thomas Bullock, in the said Petition mentioned, unto
Edmund Standen,
Esq in that Petition also mentioned, were by the said
Thomas Bullock sold outright for 4000. l. by Deede of Bargaine and Sale, bearing Date the 4. day of
June, in the 31. yeare of the Reigne of Queen
Eliz. unto
Edmund Standen aforesaid, and to his Heires, and Assignes for ever.
This was made appeare, and prove by a Copy of the Deed of Bargaine and Sale, taken one of the Rolls; which Copy was proved true by Joh: Wrightington,
Since when restored.
and left sometime with the Commissioners aforesaid.
2 The said Mannors and Lands, were absolutely Ratified, and confirmed unto the aforesaid
Edmond Standen, and to his Heirs, and Assignes for ever, by a Release of Interest with warranty, bearing Date the 5. day of
August, in the 31. yeere of the Reigne of the aforesaid Queen.
This was made appeare, and proved by the Deed of Release of Interest (Enrolled)
and produced before the Commissioners aforesaid.
3 The said
Thomas Bullock had full and Legall Power to sell and convey the said Manors, and Lands, notwithstanding an Act or Deed by him formerly made, purporting certaine uses, and bearing Date the second day of
January, in the 28. yeere of the Reigne of the aforesaid Queen, and within the reliefe of the Stat. of
Eliz. 29. in regard the said Deed was not onely afterwards adjudged fraudulent, but also for that the said Deed was made with full power of Revocation of him the said
Thomas Bullock at his pleasure, during the terme of his Naturall life, by writing sealed and delivered before sixe credible Persons.
This was made appeare, and proved by Tho: Bullock
his Deed (Enrolled)
bearing Date as aforesaid, and produced before the Commissioners aforesaid.
4 The said
Tho: Bullock did afterwards actually revoke all, and every the uses, Intents and purposes of the aforesaid Deed in his life time, by a Deed of Revocation in writing by him the said
Thomas sealed, and executed before seven persons therein nominated, and Dated the 8. day of
December, Eliz. 31.
This was made appeare, and proved by a Copy of Deed of Revocation taken out of the Rolls, which Copy was proved true, by Iohn Wrightington
aforesaid, and left sometime of late with the aforesaid Commissioners.
5 The Mannors and Lands aforesaid, were by severall Fines and Recoveries at Law setled, and confirmed upon
Edmund Standen the Purchasor, and on his Heires and Assignes for ever.
This was made appeare, and proved by Fines, and Recoveries exemplified under the Great Seale of Queen Eliz.
Dated the 5.
day of November,
in the 36.
yeer of the said Queens Reigne, and produced before the Commissioners aforesaid.
6 The aforesaid
Tho: Bullock did absolutely confesse, and acknowledge, that he had sold the Mannors, and Lands aforesaid outright for 4000 l.
and that he had a Deed of defeasance of the said Mannors,
☞
and Lands for the Terme of his Naturall life, yeelding and prying therefore 150 l.
per annum; and did farther acknowledg the said
Edmund Standen to have been the best chapman he could meet withall, upon valuable consideration for the sayd Lands; and did moreover acknowledg the said
Edmund Standen, his friendly dealing with him the said
Bullock.
This was made appeare, and proved by a Bill of Edmund Standen
aforesaid, filed in Chancery to discover Incombrances) and by the answer of Thomas Bullock
aforesaid unto the said Bill; both which are exemplified under the Great Seal of Queen Elizabeth,
Dated the 15.
day of February,
Since when restored.
in the 36
yeare of the said Queens Reigne; and left some time of late with the aforesaid Commissioners;
also, This was made appeare, and proved by a latter Deed (in the said Bill, and answer mentioned) bearing Date the 30.
day of May, Eliz. 32.
7 The Decree in Chancery made by the Lord Keeper
Egerton complained of by the Petitioner
Edward Bullock to have been corrupt,
☞ and to have ratified a Morgage
[Page 12]of the said Lands (as in the Petition suggested) doth not on any point or clause instance one tittle of a Morgage of the Mannors, and Lands aforesaid, much lesse ratifie any such pretended Morgage; but the said Decree made by the aforesaid Lord
Keeper, by, and with the assistance of Sir
John Popham Knight, chiefe Justice of the Queens Bench, and of Sir
Edmond Andersonne Knight, chiefe Justice of the Queens Court of Common Pleas, doth ratifie and confirme the Mannors, and Lands aforesaid, in equity unto
Edmund Standen Complainant, against the unjust claimes and pretences of
William Bullock the now Petitioners Father, as by the said Decree it doth and may appear, grounded upon the reasons therein specified; some whereof are also mentioned by Sir
Edward Cooke, in the third book of his Reports,
in Twines Case.
This was made appeare, and proved by the said Decree, exemplified under the Great Seale of Queen Eliz.
Dated the 5.
day of June,
Since when restored.
in the 39.
yeer of the said Queens Reigne; and left sometime of late with the Commissioners aforesaid.
8
William Bullock the now Petitioners Father, pretended a Lease of 800. yeers, of the aforesaid Mannors, and Land demised unto him by
Thomas Bullock aforesaid, [had there been a Morgage of the said Mannors, and Lands as is now pretended, he needed not to have seined such a Lease, but to have desired Redemption] and to tha
[...] end the said
William Bullock suborned, and endeavoured to suborne Evidence, or Witnesses; and for forging, or feining of the Lease aforesaid, and for other his notorious practises, the said
William Bullock was censured in the Starre-Chamber.
This was made appeare, and proved by a Deecree of Starre-Chamber, exemplified under the Great Seale
[Page 13]of
[...] 30.
of
[...] of the said Queens Reigne;
Si
[...] re
[...] and left
[...] of late with the Commissioners aforesaid.
9 At the time of the purchase, Mistresse
Dorothy Bullock, wife of
Thomas Bullock aforesaid, had Right of Dower, and enjoyed Dower afterwards for a long season.
This was made appeare, and proved by a Deed of Assignement of Dower, under the said Dorothy
her hand, and seale; Dated the first day of July, Eliz. 37.
10 At the time of the Purchase, there were four Leases in being for 15. or 16. yeers of a good part of the Demeasnesse of the Premisses, at small Rents, which the Lessees (whereof
William Bullock aforesaid was one) were to enjoy against the Purchasor
Standen, although the vendor
Bullock should dye.
This was made appeare, and proved by the Covenants in the Copy of the Deed of Bargaine, and Sale aforesaid; also by the aforesaid answer of Thomas Bullock
exemplified, &c.
also by the Decree in Chancern fo
[...]erly mentioned, also by the deposition of John
[...]anner,
taken by Order of the former Committee for I
[...]ity.
11 The mannors and Lands aforesaid, are si
[...]uat in the Forrest of
Windsor, and at the time of the sale of them to
Edmund Standen aforesaid, subject to the strict execution of the Forrest Laws, which made them of lesse value and esteeme.
This was made appeare and proved by the severall Depositions of Stephen Rose, Wiliam Bullock, Anne Hamlyn, John Planner,
and Richard Bullock,
taken by Order of the Committee aforesaid.
12 The Mannors and Lands aforesaid, are averred to have been (according to constant Report) sold out-right.
T
[...]
[...] s
[...] of Anne Hamlyn,
[...]
[...]ge
[...]on,
[...] by Order of the Committee aforesaid.
13 The suits between
Edmond Standen and
Will:
[...], the now Petitioners Father, were not upon any Morgage, but upon other points and debates at Law, mentioned before, Numb. 7.
This was made appeare, and proved by the Chancery, and Starre Chamber Decrees aforesaid; and also it doth and may farther appeare by severall non-suits, in the Kings-Bench, and Common-Pleas; as also by a verdict, Iudgment and Execution Termino Paschae;
Iac. 3.
against the said William Bullock.
The Mannors and Lands in the Petition mentioned, are not now worth 800 l.
per annum: after above 60. yeers improvement, as it is generally knowne in the Country where the Lands lye; and if the Deponents on
Bullocks behalfe have averred, and deposed otherwise
[...] persons ought not in Justice to be credited, who
[...]
[...]sed, & gaine-sayed undeniable Records touching
[...].
Concerning the Woods and Tim
[...]
[...]
[...]tition mentioned, all Impartiall men kno
[...]
[...] Woods at the time of the sale of the Ma
[...] and Lands
[...]
[...] sayers of Records as aforesaid, may
[...].
Given under my h
[...]d the
31.
day of March, 1653.
W
[...]
[...]den.