Remarques upon Mr. Palmes's answer to Sir Richard Temple's case

Remarques upon Mr. Palmes's answer to Sir Richard Temple's case

Table of contents

REMARQUES UPON Mr. PALMES'S ANSWER TO SIR RICHARD TEMPLE'S CASE

REMARQUES UPON Mr. PALMES'S ANSWER TO SIR RICHARD TEMPLE'S CASE

[Page]

1st. MR. Palmes having agreed with Sr. Richard Temple's Caſe, that the Point in Queſtion, referred to the Committee, was; in whom the Poſſeſſion remained at the meeting of the Parliament, of the place where the Breach of Privilledge complained of, by both Parties was done: To prove it to be in him, he Alledges, that all the Lands in Queſtion, were the Lands of Mrs. Danby, who Dyed without Iſſue; but takes no Notice that ſhe had Mortgaged the Inheritance thereof to Sr. Richard Temple, and given him Poſſeſſion in 1686, according to the Deed of Mortgage; and that Sr. Richard had received three half Years Rent before Mrs. Danbys Death: And was in the peaceable Poſſeſſion till the 14th. of March laſt. And as to Mr. Palms's pretended Attornment, it was not of all the Tennants; but only of one in ſix, that had any Intereſt in the Land in Queſtion.

2dly. As to the Delivery of any Leaſes of Ejectment, tho' it was alleadged at the Committee, yet no ſuch thing was proved: For in truth what Ejectments were delivered, were for part of the Jointure Lands, which ſell lately; and not the Lands now in Queſtion: So that Mr. Palms hath no Colour for his Pretences, that Sr. Richard was out of Poſſeſſion.

3dly. Whether the 21 Perſons that came with 7 Teems Forceably to enter upon, and Plough the Middle Feild, or thoſe three complained of, that endeavoured only to defend the Poſſeſſion, and hinder their Ploughs, were the Ryoters and Breakers of Priviledges, is Submitted to every Mans Judgment.

4thly. As to the falſe Suggeſtion, that the Attornment of the Tennants to Sr. Richard Temple was to avoid Creditors; he appeals to the Committee, whither any ſuch thing was to avoid Creditors; he appeals to the Committee, whither any ſuch thing was proved, or ſo much as mentioned there, but the Mortgage admitted to be good.

5thly. And as to the Specious Offers, pretended by him to be made to Sr. Richard Temple 'tis to be obſerved, that in Caſes of Ryots and Forceable Entries, there is no Priviledge of Parliament; all the Parties on both ſides being bound over to Anſwer it, there was no need of Waver of Priviledge, or troubling the Houſe about it; and if the deſigned to obtein any Complyances by thoſe Methods, ſurely he was in a very Improper and Unreaſonable Way.

But he knowing the Equity of Redemption, was given from him to another; therefore he tries all ways to compaſs the Poſſeſſion and Incumberances, to defeate him and the Creditors and Legatees, which Sr. Richard neither in Honour, nor in Juſtice can comply with.

That the laſt Note is both falſe and frivilouſe, ſince the Attornment was purſuant to the Deed, and the Agreements therein; and the former Mortgage aſſigned, was in the ſame manner; but the Poſſeſſion as well as the Attornment, and the Receipt of the Rents being proved; Sr. Richard's Attornment was never queſtioned, nor indeed material: But Mr. Palme's Pretence for the Poſſeſſion, was only the Attornment of one of the ſix Tennants; and Mr. Palmes having no Eſtate in Law, only an Equity of Redemption, could not be good or effectual to our Sr. Richard of his Poſſeſſion.

Information about this book

Title statement

Remarques upon Mr. Palmes's answer to Sir Richard Temple's case

Edition statement

1689

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-10 (EEBO-TCP Phase 1).

ID [DLPS]

A58506

ID [STC]

Wing R943A

ID [STC]

ESTC R3865

ID [EEBO-CITATION]

11885549

ID [OCLC]

ocm 11885549

ID [VID]

50357

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Early English books online.

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(EEBO-TCP ; phase 1, no. A58506)

Transcribed from: (Early English Books Online ; image set 50357)

Images scanned from microfilm: (Early English books, 1641-1700 ; 508:15)

Source

— Remarques upon Mr. Palmes's answer to Sir Richard Temple's case,

Extent

1 sheet ([1] p.)

s.n.,. [London? :: 1689?]. (Caption title.) (Broadside.) (Reproduction of original in Huntington Library.)

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