The Case of Sir William Glynne, Baronet in opposition to a bill intended for an act of Parliament to restore the Earl of Derby to the manner of Hawarden.

The Case of Sir William Glynne, Baronet in opposition to a bill intended for an act of Parliament to restore the Earl of Derby to the manner of Hawarden.

Table of contents

The Case of Sir William Glynne Baronet, in Opposition to a Bill intended for an Act of Parliament to Restore the Earl of Derby to the Manner of Hawarden.

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The Case of Sir William Glynne Baronet, in Opposition to a Bill intended for an Act of Parliament to Restore the Earl of Derby to the Manner of Hawarden.

WHICH BILL turns a Purchase made 32 Years since into a Mortgage, and Vests the Estate presently in such Persons as the Earl of Derby shall Nominate; and then appoints the Chancery to direct an Accompt of the Profits for 32 Years to discharge the Purchase Money, and what shall then remain due to be paid out of the Rents, or by Sale of Estate.

That James late Earl of Derby being by the Iniquity of the late Rebellious Times put to Death for adhering to King CHARLES the First, his Estate was exposed to Sale as forfeited. Sir John Trevor, George Twisleton, and Andrew Ellis, by Agreement between them and Charles then Earl of Derby, Son and Heir of Earl James, undertake to purchase the Manners of Hawarden, Mould and Hope, part of the late Earls Estate, of the then Trustees for Sale of Delinquents Lands in Trust for the then Earl according to Articles betwixt them, which were to be performed within a year.

The Earl not performing those Articles, his Mother, the Countess Dowager, himself and Countess, as well by themselves as by the earnest Sollicitation of Sir Orlando Bridgeman late Lord Keeper, did desire Sir John Glynne deceased to buy those three Manners, whereby some Advantage might come to the Earl.

Novem. 7. 1653. Sir John Glynne agrees with the Earl for his Interest in those Manners, and was to pay 1700 l. to the Earl and his Lady, and such Sums of Money as Sir John Trevor, Twisleton and Ellis had or were to pay for the Purchase thereof to the Trustees, according to the former Articles between the Earl and them.

Febr. 15. 1653. Sir John Glynne in pursuance of those Articles paid to the late Earl 1700 l. and 9000 l. to Trevor, Twisleton and Ellis by the Earls particular direction, as appears by a Receipt under his Hand and Seal, and thereupon the late Earl and his Lady did by Feoffment, Deed Inrolled, Fine and Recovery convey Hawarden to Sir John Glynne for 10700 l. being as much as Hawarden. was then reputed to be really worth; and 'tis believed that Sir John Glynne might then have bought as good an; Estate elsewhere for the same Money, free from all manner of Incumbrances and Forfeitures.

That Sir John Glynne's Contract was with the Earl, and not with the Persons that Purchased from the Trustees, and paid his Purchase-Money to the Earl, and according to his Directions, and was not concerned in the Purchase from the Trustees of Drury-House, nor paid them any Money.

1662 The late Earl thinking himself aggrieved with the Dealings of Sir John Trevor, Twisleton and Ellis, brought his Bill in Parliament to be restored to Mould and Hope, resting satisfied with the justness of the Purchase of Hawarden by Sir John Glynne, which Bill passed both Houses in favour of the Earl, wherein Sir John Glynne was not concerned.

That the said Earl never attempted or pretended to be relieved by that or any other Bill or otherways howsoever as to the Manner of Hawarden; And therefore Sir William Glynne humbly Objects against the said Bill:

That his Father was a real and absolute Purchasor of the said Manner, and therefore kept not any Accounts as Mortgagees do.

That Sir William Glynne is a Purchasor by Settlement upon Marriage, and being an utter Stranger to all these Proceedings acted 32 years since, it is impossible for him to Accompt.

That 'twere better for him to part with his Estate for nothing than to be involved in a Suit, and an Accompt in Chancery, which is impossible for him to make.

It is humbly submitted that by a future Law, especially after so many years, and after so many Sessions of several long continued Parliaments to destroy Assurances that are good both by Law and Equity, is not consistent with Justice, especially when such Contracts and Assurances were desired on the late Earls part, and in whom there was no disability to grant, and the Purchase so fairly transacted, that it is without either Errour or Crime.

This Bill is conceived not only to weaken the Act for Confirmation of Judicial Proceedings by a new Law to take away the force of those Fines and Recoveries which that Act made good, but also all other Common Assurances of the Kingdom: And if this should passs into a Law, it would be of dangerous consequence as is humbly conceived. Whereas the intended Act mentions a Recovery obtained at Law for the Manner of Hope, Objection by reason the Reversion thereof was in the Crown, the now Earl pretended the like to Hawarden, and brought Ejectments wherein he was Non-suited; and upon a Quare impedit brought by Sir Will Glynne against the said Earl for the Presentation of Hawarden, Answer to Sir Will. Glynne obtained Judgment, and his Clerk was Instituted and Inducted to that Living, and is now in Possession of the same.

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Title statement

The Case of Sir William Glynne, Baronet in opposition to a bill intended for an act of Parliament to restore the Earl of Derby to the manner of Hawarden.

Edition statement

1685

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

A31120

ID [STC]

Wing C1003

ID [STC]

ESTC R37533

ID [EEBO-CITATION]

16967476

ID [OCLC]

ocm 16967476

ID [VID]

105545

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Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A31120)

Transcribed from: (Early English Books Online ; image set 105545)

Images scanned from microfilm: (Early English books, 1641-1700 ; 1611:21)

Source

— The Case of Sir William Glynne, Baronet in opposition to a bill intended for an act of Parliament to restore the Earl of Derby to the manner of Hawarden.,

Extent

1 broadside.

s.n.,. [S.l. :: 1683]. (Date of publication suggested by Wing.) (Reproduction of original in the Bodleian Library.)

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