Griswell Rogers her title ,

Most humbly sheweth ,

Heygrane in Somerset , with all the lands therein , parcell of the ioynture of the Ladie Iane late Queene of England , of 5 l. 9 s. per annum Rent were granted to Best and Britton , 44. Eliz. by Letters pattents vnder the great Seale , which lands ( by conveyances ) are since come to the hands of Burch , Suayne and Rogers , to each a third part .

These lands were formerly granted out in Copie-holds to seuerall Tenants for terme of life , no greater Rent being reserued or paid to the Crowne at the time of the Grant , or for 60 yeares before , then 5 l. 9 s. per annum , as appeareth vpon record .

A speciall Act of Parliament did confirme this Grant , begun 43. Eliz. ended 19. Decemb. following , in which Act many prouisions were made for auoiding future questions , and fortisying the titles of all who had or should purchase lands of the said Queen Eliz. from the 25 yeare of her reigne vntill the expiration of one whole yeare after the dissoluing of that Sessions , ended the 19 of Decemb. and for the confirming and establishing the said lands to the purchasers , against her Highnesse , her heires and successors for euer .

Sir Arthur Ingrams claime .

Whitmore purchased Bridgewater Castrum , 8. Iacobi , euery particular parcell being expressed in the Grant , with the seuerall annuall rents thereof , which in all made the iust yearely value they were purchased at ; the lands in Heygraue being excepted in the said Grant by expresse words .

His Maiestie about the same time granted the 5 l. 9 s. per annum the Fee-simple rent reserued vpon the lands in Heygraue , to Eldred and Whitmore .

From these two grants Sir Arthur Ingram makes his claime to Heygraue , only for that they bound and border one vpon the other : for in nine yeares continuall suites by such agents as were maintained by Sir Arthur Ingram against Rogers , he neuer shewed any euidence to make good his claime to himselfe , or euer recouered any part of the premises .

Rogers her grieuances .

One Allen an agent for Sir Arthur Ingram with 6 or 7 irregular persons in the night time did breake downe the doores and walls of Rogers tenement in Heygraue called Ioyners , and wounding one Osmond her seruant , threw him out of his peaceable possession , to which being restored by a legal course , Osmonds death was sought by poison , which not taking effect , Allens wife and Paul Allens seruant so wounded Osmond , that shortly afterward he died .

Allen in the behalfe of Sir Arthur Ingram tooke the profits of loyners tenement for the space of six yeares , felled downe the timber , defaced and ruined the Tenement , impounded Rogers cattell neare 30 seuerall times , which she being inforced to repleavie , he neuer proceeds to triall , and almost 20 seuerall actions he and his combinants haue commenced against Rogers her seruants and Tenants causlesly and of meere vexation , arresting and imprisoning them , and many times not declaring against them .

Rogers brought an eiectment in Osmonds name against Vrsula Euens for Ioyners Tenement , to trie the title of the whole , which was followed against her by Sir Arthur Ingram ; whereupon a speciall verdict was found at the Assises in Somersetshire , wherein the grant made 44 Eliz. to Best and Britton , the Act of Parliament made for confirmation of the said Grant as aforesaid was likewise found , the lands were found to he in Heygraue , and to be pa●… the ioynture of the Ladie Iane Queen of England , and the rent reserued to be 5 l. 9 s. and no more at the time of the said Graunt , and for ●● yeares before , they also found Whitmores grant and the said seuerall parcels therein , and the lands in Heygraue especially excepted in the said grant .

To recouer the meane profits of Ioyners Tenement , Rogers commenced 3 actions against Allen , Parsons and Fenner Sir Arthur Ingram ; agents ; Counsell retained and the causes ready for hearing at the Assises , letters were directed from the Commons house of Parliament to the Iudges to stay the triall vntill the last Parliament ended , for that Sir William Whitmore a Parliament man claimed title to the lands in question , who neither then had nor euer since challenged any interest therein .

The Copie-hold Tenants ( seduced by Allen ) refuse to pay Rogers their customary Rents , haue felled downe the timber , destroyed the woods , cut vp the quickset fences , and let fall the buildings on the premises , the spoiles whereof amount neare to the value of the lands ; for which wastes , forfeitures and non paiments of the rents , Rogers two yeares since entred vpon two other tenements , but Allen ( the Tenants being dead or fled ) with other beggerly people entred vpon her possessions , and before the corne was ripe , reaped , spoiled and caried away the same , it being sowne by Mistris Rogers , to her great losse and the publike hurt , affirming they did it for Sir Arthur Ingram .

Allen brought diuers actions against Rogers for these two Tenements , pretending Sir Arthur Ingram had good title thereto , one of them was tried at the Kings Bench barre for both the Tenements , and a verdict thereupon given for Rogers , yet Allen perscueres to take the profits , notwithstanding they were sequestred in the Star-chamber by the Lord Keeper , and one of the Tenements setled vpon Rogers by a writ of Re-restitution out of the Kings Bench.

Allen and others Sir Arthur Ingrams agents , besides these and other continuall vexations , procured his Maiesties Iustices ( abused by their false informations ) to certifie against the said Mistris Rogers , the said Iustices neither knowing her not vnderstanding the cause aright .

Sir Arthur Ingram failing by these indirect wayes , hath procured his Maiesties Attorney generall to exhibite an information of intrusion against Rogers , Burch and Swayne in the Exchequer , intitling his Maiestie to the lands in Heygraue , but proceeds onely against Rogers , which argues Sir Arthur Ingram hath compounded with Burch and Swaine for their two parts , or at least they are all combined to persecute Rogers , Swaine hauing preferred a bil in Chancerie against her for a third part of the profits of the Tenements recouered , and Burch threatneth to doe the like , the profits recouered not amounting to the hundreth part of what she hath laid out in defence and recouery of the premises , of which they of right ought to allow an equal share , yet Rogers for 1500 l laid out , hath not had aboue 70 l of both of them .

The motiues why Rogers flies to this most honorable Court for reliefe .

These lands were sold by Qu. Eliz. for paiment of her debts , maintenance of her warres , and the publike good , purchased at 30 yeares purchase , it being in lease for liues , the Queene receiuing in hand for the lands passed in the same Grant 2320 l. 15 s. . 11 d.

This Grant was confirmed by Act of Parliament to the purchasers , against the Queene , her heires and successors , with the consent of the Lords spirituall and temporall , and Commons then assembled in this most honorable House where your Honours now sit .

And both the Act and Grant found by speciall verdict , and that often argued at the Kings Bench barre , where iudgement was giuen for Rogers as aforesaid , and another iudgement vpon a verdict was likewise giuen for her at the Kings Bench barre .

Notwithstanding all these former iniust molestations , wherein she hath wasted her estate , and spent her childrens portions , to defend their rights against the vsurping claime of greatnesse , who calls all his , which lies neare his reach , Sir Arthur Ingram vowed to make her spend 500 l or the value of the land : to effect which , he hath caused the information aforesaid to be preferred against Rogers , contrary to the Act of Parliament formerly recited .

Rogers is already so disabled by these suites , as she can no longer defend the goodnesse of her cause against so strong a persecutor as Sir Arthur Ingram : for although she hath recouered in all her trials for the title , yet she hath lost her charges , for that Sir Arthur Ingram kept his person out of action , imploying beggers , non residents and fugitiues , who were conveyed away , and not to be found , or of whom nothing was to be had .

Lastly , Rogers humbly presumes it imports not her alone , but all your Honours in generall , and most of you in particular , there being few or none sitting in this most honorable House , but hold lands by the same or like grant . And if lands purchased vpon so valuable considerations , confirmed by so high and honorable a Court , shal be subiect to the censure of subordinate inferiour Courts ; and assurances grounded vpon such strength , shall lie open to euery nice point and cauill in law , found by litigious spirits , what estate vnder the Sunne can be firme or secure ? For which respects , Rogers humbly appeales to yours Honours , as the principall pillars that supports equitie and the publike good .

The poore Widow and the Orphans prayer ,

That your Lordships will be humbly pleased ( by decree of this most honorable Court ) to settle Rogers her right and title to Heygraue and the lands therein vpon her and her posteritie ( to whom of right it appertaines ) according to her grant and the Act of Parliament aforesaid , that she may peaceably enioy them without further litigious suites , and they shall beseech the Lord of all Lord to crowne you all with eternall glorie in the great Parliament of Heauen .