WHereas the Lady Wentworth gives out in Speeches and otherwise, that she is ready and willing to set aside her Priviledge, and go to a Tryal at Law with the Lady Poole her Sister, and the Countess of Newbrough, for and concerning a Debt of 6000 l. due and owing to them. But they are advised by Able Councel that they cannot safely proceed at Law: for if they should, they may be barred by Pleas of no Assets, or nothing by Dissent or Minority. And also the Earl of Cleaveland leaving no Personal Estate, and all his real Estate being vested in Trustees; by those Acts they cannot be retained in any ordinary Course of Law or Equity; nor can those seeming fair Offers aid them.
And in truth the Lady Wentworths Assurance to this Honourable House, are only Words; for when the Lady Poole shall come to Law or Equity, neither of them can give away the Infants Estate during the Minority; so that if she wave all she pretends to, yet it is not in the power of the Law to help the Creditors, at least during the Infants Minority. This is evident in the Case between Henry Lyde and Mr. Bernardiston of Bedford, in which, Lyde the Mortgagee hath been kept out by Minority of several successive Infants, near 40 years, and is to this day: Which Mortgagee if occasion shall require, will be produced; so that in truth no Relief can be had but by Act of Parliament: And as it is alledged, that the Lord of Cleaveland spent great part of his Estate by the Wars, it will be proved upon Oath that he was so much in Debt, that he was forced to fly into the Army for Shelter.