Humbly ſheweth,

THat John Bodvile of Bodvile in the County of Carnarvan Eſquire, being ſeized of ſeveral Mannors and Lands in the Counties of Carnarvan and Angleſey, of the value of 1800 l. per an. did in conſideration of a Marriage with Anne, the Daughter of Sir William Ruſſell, 20 March, 1639. ſettle a Joynture upon the ſaid Anne of 600 l. per an. and did ſettle all his ſaid Mannors and Lands, and the Reverſions of his Wife's Joynture upon himſelf, and the Heirs Males of his Body, begotten on the Body of the ſaid Anne, the Remainder to his own right Heirs with power if he had Iſſue Male and Female to charge the Eſtate with 500 l. per an. untill ſuch Daughters ſhall have received 1500 l. Portions; and if he had no Sons, but Daughters, then the Eſtate was charged with 5000 l. to ſuch Daughter or Daughters, to be equally devided amongſt them; John Bodvile had Iſſue by Anne; Daughters, _____ Elizabeth and Sarah, and no Iſſue Male; _____ and Elizabeth dyed in 1661 without Iſſue: great differences happened between the ſaid John Bodvile and Anne his Wife; and the ſaid John Bodvile having been a Collonel for the King, his Wife did procure Warrants for his apprehenſion, and endeavoured to have him tryed by a High Court of Juſtice; of which ſaid Warrants the ſaid Tho. Wynn the Father gave the ſaid Mr. Bodvile notice; whereupon the ſaid Mr. Bodvile fled into the Iſle of Man, and thence into Holland; and the ſaid Mr. Wynn, at his deſire, ſtayed in London 21 Months from his Wife and Children, and did correſpond with Mr. Bodvile; which, if diſcovered, had proved dangerous to Mr. Wynn: And in the year 1649. he gave Mr. Bodvile notice of a general Compoſition for North-Wales, which was then ſhortly to paſs, excepting ſuch as had been in Armes, and then beyond the Sea when it paſſed; whereupon the ſaid Mr. Bodvile repaired to London, and the ſaid Act ſoon after paſſed, whereby his Life and Eſtate was preſerved; whereupon the ſaid Mrs. Bodvile, by her power with Oliver, did get an Act of the then pretended Parliament for Allimony, and obtained a Decree in Chancery for 500 l. per an. to be paid her out of his Eſtate. And in the year 1650 upon her Petition, the ſaid Mr. Bodvile's Eſtate was put into the Bill of Sale, notwithſtanding his Compoſition, and the ſaid Mrs. Bodvile was to continue the enjoyment of her 500 l. per an. and ſhe obtained a Sequeſtration of Mr. Bodvile's whole Eſtate for the payment of the ſaid 500 l. per an. by colour whereof the Lady Bodvile, Mother of the ſaid Mr. Bodvile, in the year 1656. was turned out of the poſſeſſion of her Dowry, whereby ſhe was diſabled to relieve her Son; and Mr. Bodvile was forced to take 1000 l. for 3555 l. 2 s 10 d. of his Wife's Portion unpaid, elſe he was threatned they would make a diſcovery of it to the Committee, and he ſhould loſe all. And the ſaid Mrs. Bodvile in the year 1657 did marry her Daughter Sarah to Mr. Roberts, without the conſent or knowledge of the ſaid Mr. Bodvile, at which Mr. Bodvile 〈1 page duplicate〉 was highly diſpleaſed. And in or about May 1662 Mr. Bodvile was arreſted at the proſecution of his Wife for her Allimony, upon a Commiſſion of Rebellion out of Chancery; which was made appear, was with the privity of the ſaid Mr. Roberts, who was preſent with his then Servants Lewes and Morris, and the Bayliffs who were then to arreſt him, to betray and diſcover the ſaid Mr. Bodvile to the arreſt of the ſaid Bayliffs, who afterwards arreſted Mr. Bodvile in Fleetſtreet about 11 of the clock at night, and immediately carried him away to Weſtminſter, where they kept him ſecret for ſeveral dayes and nights from all him Friends, and Mr. Roberts had notice ſent him of the Arreſt early next morning. During which reſtraint Morris told Mr. Moſtin, were he Mr. Roberts, he would take Mr. Bodvile and pinne him in a Room, till he ſettled his Eſtate upon him, leſt he gave it away; and Mr. Bodvile continued ſo ſecreted, untill Mr. Henry Wynn, Mr. Bodvile's Uncle, threatned to move the Houſe of Commons to know where he was; whereupon Mr. Henry Wynn was brought to the ſaid Mr. Bodvile by Mr. Roberts, who was often with him during his reſtraint: during which reſtraint, the ſaid Mr. Bodvile was much threatned by Mr. Roberts's Agents, in the preſence of Mr. Roberts, to ſettle his Eſtate on the ſaid Mr. Roberts and his Wife, and their Children; but Mr. Bodvile did then declare, That not any that came of his wife ſhould have one foot of his Eſtate; and at other times declared, That he would be torn in pieces with wilde Horſes, and would give his Eſtate to Oliver's Red-coats, before he would ſettle his Eſtate on his Iſſue Female; and that if he had no Iſſue Male by another wife, he would ſettle his Eſtate on ſome of his Kindred; And during his reſtraint, he deſired Mr. Henry Wynn to ſend his Coſin Tho. Wynn unto him, and did often ſend for the ſaid Tho. Wynn during his reſtraint; but Morris and Lewes, Mr. Bodvile's Servants, denyed to tell him where he was, although the ſaid Mr. Wynn promiſed forthwith to procure his Inlargement. After Mr. Bodvile was inlarged, he refuſed to ſee or receive any Letters from Mr. Roberts; and being in his Chamber at the Temple, cauſed himſelf to be denied to be within, when Mr. Roberts ſent or came to him, and turned away his Servants Lewis and Morris who had betrayed him, who were afterwards retained as Servants by the ſaid Mr. Roberts. Afterwards in May 1662. Bodvile was again arreſted by his Creditors, ſet on by Lewis and Morris; whereupon Mr. Bodvile ſent for the ſaid Mr. Tho. Wynn, who procured him Bayle to ſome of his Actions, and his Liberty, and furniſhed him with the Summe of 220 l. and the ſaid Mr. Bodvile's wife having procured an Order of Chancery, dated the 12th. of June 1662 for his Commitment to the Fleet. Mr. Bodvile, to avoid ſuch commitment and arreſts, did leave his Chambers at the Temple, and gave them unto Griffith Wynn, alias Bodvile, Sonne of the ſaid Tho. Wynn, who was admitted thereunto, and removed to Iſlington, and went by another Name, and cauſed his Servant Pugh to change his Name; of which removal or change of his Name Mr. Tho. Wynn knew nothing, untill he was ſent for by Mr. Bodvile, and acquainted therewith by Mr. Bodvile. And afterwards Mr. Bodvile in June 1662 levied Fines of his Eſtate to enable him to diſpoſe thereof, and imployed his Servant Pugh to go into Wales for that purpoſe, who was impriſoned by the Sequeſtrators of Mrs. Bodvile. And in September following Mr. Bodvile went from Iſlington to the County of Salop, and from thence writ ſeveral kinde Letters to Mr. Wynn, and at Salop owned him for his great Friend, and the onely Perſon that ſtuck to him in all his troubles: and in October following Mr. Bodvile returned to London, and went to his Lodgings at Iſlington; and in December following Mr. Bodvile, by reaſon of a Fall, had an Impoſtumation in his Hipp, which put him to great pains, and brought him to be very weak, being for the cure thereof inforced to be launched three Inches at a time, did without the direction, perſwaſion or privity of Mr. Wynn, ſend for Mr. Pollard, who was, and antiently had been of his counſell, and much imployed by him, to give him directions for the drawing and preparing his Will; which accordingly being drawn, Mr. Bodvile did peruſe it, and with his own hand did correct a Welſh word of the name of a Town therein miſ-written by Mr. Pollard, and gave the ſaid Mr. Pollard direction to call the ſaid Pugh into the Chamber, and in their preſence ſigned, ſealed and publiſhed the ſaid Will the 20th. of December 1662. and did direct the ſaid Mr. Pollard and Pugh ſhould be witneſſes to the ſaid Will, and wiſhed them to write their Names low, for that he intended to have more witneſſes to the ſaid VVill; and he ſaid Pugh deſiring to know the date thereof, Mr. Pollard ſhewed him the VVill, and Mr. Bodvile wiſhed him to write down the date thereof for his better remembrance; and thereupon Mr. Bodvile locked up the ſaid VVill in a Box, and kept it in his cuſtody. By which VVill Mr. Bodvile gives all his Lands, Tenements, and Hereditaments in the Counties of Carnarvan and Angleſey unto Sir Richard Wynn and Sir Tho. Dorrell, and the ſaid Tho. Wynn, and their Heirs upon ſpecial Truſt and confidence, and to the intent and purpoſe, that they and their Heirs ſhall out of the Rents, Iſſues and Profits thereof, as ſpeedily as they can be collected and raiſed, pay and diſcharge all his juſt and due Debts which he did then owe, or after ſhould contract; and upon further Truſt, that they ſhould raiſe 5000 l. for a Portion for his Daughter Sarah Roberts, now wife of Robert Roberts Eſquire, provided, before payment be made of the ſaid 5000 l. that a competent and convenient Proviſion, & Livelyhood be ſettled upon my ſaid Daughter and her Children; and provided alſo, that if the ſaid Mr. Roberts, or my ſaid Daughter, or any other Perſon or Perſons claiming by, from, or under them, or either of them diſturb or interrupt my ſaid Truſtees, or any of them, in the quiet reception of the Rents, Iſſues and Profits, according to the Truſt and intent above limited, then the payment of the 5000 l. to ceaſe, and no benefit at all to be reaped or received thereby; and after the Debts and Portion ſo ſatisfied and paid her, gave the reſt and reſidue of his ſaid Lands to Griffith Wynn, alias Bodvile, Son and Heir apparent of the ſaid Tho. Wynn and to Tho. Bodvile Son of Alexander Bodvile late of Pullheley, in the ſaid County of Carnarvan Gentleman, deceaſed, and their Heirs reſpectively, equally to be divided between them, without making any diviſion at all of my Houſes, Demeſnes or Tenements thereto belonging; and after ſome other Legacies given by his ſaid VVill, he made the ſaid Tho. Wynn ſole Executor of his ſaid VVill, in truſt only for the more ſpeedy payment and ſatisfying of the ſaid Debts and Portion. In January 1662 Mr. Bodvile deſired Mr. Wynn to find him out a Lodging in Black-fryers, and accordingly he did, at the Houſe of one Clithero, a mere Stranger to Mr. Wynn, which Mr. Bodvile liked well, and went thither the 22 d. day of the ſaid Month; and after he came thither, he went daily abroad. And about a Fortnight before he died, he diſcourſed with Mr. Edmund Toll a Proctor, whether they did not in the Eccleſiaſticall Courts proceed in Cauſes of Divorſe; who told him, He believed they did; Mr. Bodvile then told him, His Wife had abuſed him, and deſired him to adviſe with ſome Civilians whether he might not be divorſed from her; and after Mr. Toll had adviſed with a Civilian, he told him, they did proceed in cauſes of Divorſe: whereupon Mr. Bodvile ſaid, If it pleaſed God to give him health, he would proceed againſt her; and Mr. Bodvile did then ſhew great diſlike againſt Mr. Roberts and his Wife, and ſaid Mr. Roberts great deſign was to have him ſettle his Eſtate upon him and his Wife, but ſaid his reſolution was never to ſettle his Eſtate upon him, and ſhewed great diſlike againſt him, and told him, That he had levied Fines of his Eſtate in Wales, with reſolution to ſettle his Eſtate by Deed or VVill; and that he had made his Will, and that Mr. Pollard was a Witneſs to it, to whom he had given a Legacy; and thereupon asked, if Mr. Pollard would ſtand a good VVitneſs? Mr. Toll anſwered, That if the ſaid Legacy was not ſuch as the Law would conceive might ſway him in his Judgement, his Teſtimony might be good. Mr. Bodvile replyed, to prevent all doubts, If it pleaſed God to recover him to his health, he would deſire him, and 3 or 4 Notary Publiques of Doctors Commons to give him a meetting, in whoſe preſence he would then publiſh and declare his Will; and Mr. Toll ſayth he was then of a perfect minde and underſtanding to make his VVill. After Mr. Bodvile, the 19th. of March 1662 in the preſence of Mr. Wandesford, Mr. Griffith, and Mr. Platt, three more VVitneſſes, without exception he did declare unto them, That he had ſent for them to be VVitneſſes to his VVill, which he had formerly made and publiſhed, but that he did lodge in an obſcure place where he made his ſaid VVill, and went by another Name; and having the ſaid VVill in his hands, he read over part thereof in their preſence, both at the beginning and latter end thereof, and ſhewed them the Seal he formerly ſealed his Will with, and deſired them to compare the ſaid Seal and the former impreſſion together; which they did, and found them agree, and then in their preſence did publiſh and declare his Will again, and diſcourſed very rationally with them both concerning his Will and other matters; by which Will he hath given his ſaid Daughter as much as upon the Marriage agreement was thought fit all his Daughters ſhould have, if never ſo many, if he died without Iſſue Male. After which he deſired a Miniſter might be ſent for; which was done, with whom he diſcourſed very rationally, and fully and diſcreetly anſwered to all ſuch things as are uſually put to ſick Perſons; and the ſaid Miniſter adviſing him to make a Will and ſettle his Eſtate for the quieting of his Conſcience, and to be at peace with all the World. He ſaid, he had done that already. Mr. Bodvile died 28 March 1663. after which Mr. Bodviles wife and Mr. Roberts enter upon the whole Eſtate of Mr. Bodvile, and ever ſince and yet do continue the poſſeſſion. And 27 April 1663. Mr. Roberts and his wife, and Charles Bodvile Roberts their ſecond Son, exhibit a Bill in Chancery againſt Mr. Tho. Wynn, the Truſtees, Griffith Wynn alias Bodvile, Tho. Bodvile, Timothy Pollard, and others, to ſet aſide the ſaid Will, ſuggeſting that the ſaid Will was procured by fraud and practice from Mr. Bodvile when he was in a weak condition both of body and minde, when he was ſecreted from all his Friends, and that he was not compos mentis when he made the ſaid Will, and that Mr. Bodvile had a great diſaffection to the ſaid Tho. Wynn. In May following there was an Injunction granted, which was continued to the Hearing of the Cauſe; which was heard the 19th. of January; upon which Hearing the Lord Chancellor being aſſiſted with the Lord Chief Juſtice Hyde, and the Lord Bridgman declared they could not relieve the Plaintiffs, but left the Plaintiffs to ſeek relief as they ſhould be adviſed, but yet continued the Injunction; after Mr. Roberts and his wife applyed themſelves to the Lords Spiritual and Temporal in Parliament aſſembled, who after very many Hearings and Debates 29 November 1664 referred it back to the Lord Chancellor to make a Decree according to equity and juſtice on either ſide, though there was no Preſident in the Caſe. After the 12th. of July 1666 the Lord Chancellor being aſſiſted with the Lord Chief Juſtice Bridgman, the Lord Chief Baron Hales, and Baron Rainsford reheard the ſaid Cauſe, and ſpent 3 dayes therein; wherein nothing was omitted that could be ſaid or obſerved for the Plaintiffs advantage. But their Lordſhips were all fully of opinion, That the Plaintiffs were not releiveable, and did order that the matter of the Plaintiffs Bill be from thenceforth clearly and alſo fully diſmiſt out of the ſaid Court without coſts; and that all Injunctions in the ſaid Cauſe be from thenceforth abſolutely diſsolved: As for the ſuggeſtions made by Mr. Roberts and his Councill that this Will was gained by the fraud and practice of Tho. Wynn: It did not appear by any proof that Mr. Tho. VVynn did ever move or ſpeak to Mr. Bodvile to make any Will or ſettlement of his Eſtate, nor did know that he had given any Inſtructions for the making of his VVill at Iſlington, or that he had made any Will at Iſlington; and as for Mr. Bodviles ſecreting himſelf from his friends and going to Iſlington, He had great reaſon to ſecret himſelf to free himſelf from arreſts, and other proſecutions of his Wife, but it could not be proved neither is there any truth in it, that the ſame was done by the perſwaſion, councill, adviſe, or privity of the ſaid Tho. VVynn, or that the ſaid Mr. VVynn knew where he was till long after his removall that he ſent for him; and it is clear in proof that Mr. Roberts and his Wife was 3 times with Mr. Bodvile the very week he died; and when directions were given by the Phyſitian that they ſhould not let company come to him, it being asked by the Woman of the Houſe of Mr. Wynn, What if Mr. Roberts or his Wife come, may not they be let in, Mr. Wynn anſwered, Let them come to him by all means. As for his being non compos mentis, and under an habitual madneſs, if that were true it is properly tryable at Law; but the evidence is ſo plain by 10 Witneſſes at the leaſt of good credit, as alſo by his Letters and accounts of the daily expences of his own writing, that he was of a diſpoſing memory and underſtanding, that all Objections of that nature are ſilenced; and as for his diſaffection to Mr. Wynn, and the reproachfull language he gave him, It is fully in proof, that he bore a greater diſaffection to Mr. Roberts; but it doth appear both by his words, actions, and ſeveral Letters under his own hand, written about ſix Months before his death, that he had a great kindneſs or reſpect for the ſaid Mr. VVynn, and that he valued and eſteemed him more than any other Kinſman, put him in ſeveral Deeds of Truſt; and upon the death of his Daughter Eliz. he ſent Mr. VVynn and his Wife and Children Mourning. Ever ſince the death of Mr. Bodvile the Truſtees have been and yet are kept out of the Eſtate, not one penny of Mr. Bodvile's Debts, which are great, are yet paid out of the Eſtate, but the Eſtate injoyed by Mr. Roberts; and although the Injunctions be now diſſolved, yet the Truſtees cannot ſue at Law, by reaſon of Mr. Roberts Priviledge of Parliament. All which is humbly ſubmitted to the Judgement and Conſideration of the Honourable Houſe of Commons.