To the High Court of Parliament, of the Common-wealth of England, Scotland, & Ireland.
The Humble petition of Katherine Stone, Widdow, and Henry Stone, her Son.
THat Sir Henry Ferrers, 25. May 1630. mortgaged the Mannor of Skellingthorp in the County of Lincoln to the Petitioners deceased Father John Stone, and his heirs for 3000 l. and after in 1634. 1900l. more released his power of Redemption. And the said John Stone dying 1642. the Petitioner Katharine is entituled to part as a Jointure, and the Petitioner Henry the rest, as heir.
That the Petitioners respective interest past the Examination; and after great charges and trouble to the Petitioners had allowance both in the Countrey by the Committee of Parlament for Sequestrations; and again upon the re-examination by the Comittee for sequestrations sitting in Haberdashers Hall▪ London.
That the Petitioners rested themselves secure of their Estates, being legally good and allowed by the said Committees. But the said Sir Henry Ferrers being put into the Bill of Sale as a Delinquent, your Petitioners knew nothing therof, and conceiving themselves quiet and secure, by reason of their title, and the said allowances, did not put in any claim, but as soon as they understood of any question of their said estate, and before any contract for sale, claim was lodged in the survey, and application made to the Committee of Obstructions, but the time being elapsed, the said Committee could not relieve your Petitioners, as they affirmed.
Since which Nathanael Snape and Samuel Foxley, who knew your Petitioners undoubted right, and watched for an Advantage, have applied themselvs to buy the said Lands, wherupon your Petitioners have made several Addresses for Relief to the late Parlament, and to his Highness the Lord Protector, before any contract in the premisses, and upon several references your Petitioners case being thereupon stated, to be in truth as herein set forth, at last was referred by his Higness to His Council, but other weightier affairs entervened, so that your Petitioners have not yet obtained a hearing: and matter of time and surprize, being the only means and hopes of advantage to their Adversaries to strip your Petitioners of their estate.
Your Petitioners are inforced humbly to beseech this Honourable House to take the sufferings and danger of a distressed Widow and Orphan into your pious and tender considration (the Petitioners being otherwise likely to be ruined and distroyed without any fault or offence before their cause can be judged) And that in some such speedy way, as your other great affairs may permit, and the exigency of the cause in truth requires,
And your Petitioners shall pray, &c.
The Answer of Nathanael Snape, and Samuel Foxley, to this Petition, which is false and scandalous in divers particulars, as followeth.
1. THat Release was not absolute but only in Trust for performance of Articles which Stone did not perform, and note that Stone was never possest of that Release to this day, but it was left in the hands of Sir Henry Ferrer's Trustees where is still remains. Besides at the time of the Release made the Lands was more than double the value of the whole money lent, and therefore impossible the Release should be intended to be absolute.
2. Note Stone (to deceive the Commonwealth and produce the absolute deed by which the Land was conveyed to Stones Trustees, but not the deed of defeazance, by which the deed was to be void upon payment of the 3000 l. and so) by that devise Stone got his Claim allowed at the Comittee of Lincoln and Haberdashers Hall.
3. The Purchasers knew nothing of Stones pretended undoubted Right, nor watched for any advantage; for the land lay at least three quarters of year (after it was surveyed) with the Trustees at Drury house before any body came to buy it, and Stone might have brought it in all that time if he would; therfore that is false and scandalous.
4. The Purchasors had contracted for the Lands long before Stone made any address to the Parliament, or his Highness: therefore that allegation in this Petition is false also.
And Note that the Commissioners for obstructions have not only judged the cause against the Petitioners twice upon full hearing of him and his many Councel; but also afterwards his petition in Parliament upon hearing of him and his Council was dismist; and his Highness upon Stones Petition, having stayed the sale for two moneths, afterwards ordered that there should be no longer stay in the sale or possession by colour of his Highness order.
And note that Stone and his Father have (as they are credibly informed by Sir Henry Ferrers and others) received the profits of the said lands above ten years, the lands being surveyed at neer 600 l. p. an. which comes to about 8000l. having ploughd up Meadow and Pastures, Stones Father hath received interest mony upon the Mortgage 1000l. He hath cut down woods, value 2000l. And hath raised other great sums out of the lands, so that he hath had his principal and interest with a great overplus, and therefore need not complain.
Note also the Manner how the Petitioners Katharine and Henry Stone gat the possession of the premisses from Sir Henry Ferrers during his absence in the time of Delinquency, which was not by legall way of tryal, verdict or Judgement, but by the order of the said Committee of Lincoln only (being deceived by Stones not producing the said deed of defezance as aforesaid) which Committee also had then no power to allow Titles or give possessions of Delinquents Estates, without order from the Commissioners of Sequestrations at Westminster or Haberdasher's Hall.