<TEI xmlns="http://www.tei-c.org/ns/1.0">
   <teiHeader>
      <fileDesc>
         <titleStmt>
            <title>The case of Walter Kennedy Esq; and Lettice his wife eldest sister, and Robert Haldanby Esq; and Katharine his wife youngest sister, and coheirs of Robert Knollys Esq; lately deceased.</title>
         </titleStmt>
         <editionStmt>
            <edition>
               <date>1679</date>
            </edition>
         </editionStmt>
         <extent>Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image.</extent>
         <publicationStmt>
            <publisher>Text Creation Partnership,</publisher>
            <pubPlace>Ann Arbor, MI ; Oxford (UK) :</pubPlace>
            <date when="2014-11">2014-11 (EEBO-TCP Phase 2).</date>
            <idno type="DLPS">B08664</idno>
            <idno type="STC">Wing C1192BA</idno>
            <idno type="STC">ESTC R173506</idno>
            <idno type="EEBO-CITATION">64551048</idno>
            <idno type="OCLC">ocm 64551048</idno>
            <idno type="VID">184431</idno>
            <availability>
               <p>To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication 
                <ref target="https://creativecommons.org/publicdomain/zero/1.0/">Creative Commons 0 1.0 Universal</ref>. 
               This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to 
                <ref target="http://www.textcreationpartnership.org/">http://www.textcreationpartnership.org/</ref> for more information.</p>
            </availability>
         </publicationStmt>
         <seriesStmt>
            <title>Early English books online text creation partnership.</title>
         </seriesStmt>
         <notesStmt>
            <note>(EEBO-TCP ; phase 2, no. B08664)</note>
            <note>Transcribed from: (Early English Books Online ; image set 184431)</note>
            <note>Images scanned from microfilm: (Early English Books, 1641-1700 ; 2863:38)</note>
         </notesStmt>
         <sourceDesc>
            <biblFull>
               <titleStmt>
                  <title>The case of Walter Kennedy Esq; and Lettice his wife eldest sister, and Robert Haldanby Esq; and Katharine his wife youngest sister, and coheirs of Robert Knollys Esq; lately deceased.</title>
               </titleStmt>
               <extent>1 sheet ([1] p.).   </extent>
               <publicationStmt>
                  <publisher>s.n.,</publisher>
                  <pubPlace>[London :</pubPlace>
                  <date>1679?]</date>
               </publicationStmt>
               <notesStmt>
                  <note>Caption title.</note>
                  <note>Place and date of publication suggested by Wing (2nd ed.).</note>
                  <note>Reproduction of original in: Harvard University. Library.</note>
               </notesStmt>
            </biblFull>
         </sourceDesc>
      </fileDesc>
      <encodingDesc>
         <projectDesc>
            <p>Created by converting TCP files to TEI P5 using tcp2tei.xsl,
      TEI @ Oxford.
      </p>
         </projectDesc>
         <editorialDecl>
            <p>EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.</p>
            <p>EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).</p>
            <p>The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.</p>
            <p>Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.</p>
            <p>Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.</p>
            <p>Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as &lt;gap&gt;s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.</p>
            <p>The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.</p>
            <p>Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).</p>
            <p>Keying and markup guidelines are available at the <ref target="http://www.textcreationpartnership.org/docs/.">Text Creation Partnership web site</ref>.</p>
         </editorialDecl>
         <listPrefixDef>
            <prefixDef ident="tcp"
                       matchPattern="([0-9\-]+):([0-9IVX]+)"
                       replacementPattern="http://eebo.chadwyck.com/downloadtiff?vid=$1&amp;page=$2"/>
            <prefixDef ident="char"
                       matchPattern="(.+)"
                       replacementPattern="https://raw.githubusercontent.com/textcreationpartnership/Texts/master/tcpchars.xml#$1"/>
         </listPrefixDef>
      </encodingDesc>
      <profileDesc>
         <langUsage>
            <language ident="eng">eng</language>
         </langUsage>
         <textClass>
            <keywords scheme="http://authorities.loc.gov/">
               <term>Kennedy, Walter --  Trials, litigation, etc.</term>
               <term>Haldanby, Robert --  Trials, litigation, etc.</term>
               <term>Knolly, Robert --  Trials, litigation, etc.</term>
               <term>Decedents' estates --  England --  Early works to 1800.</term>
               <term>Broadsides --  England --  17th century.</term>
            </keywords>
         </textClass>
      </profileDesc>
      <revisionDesc>
            <change>
            <date>2020-09-21</date>
            <label>OTA</label> Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain</change>
         <change>
            <date>2012-06</date>
            <label>TCP</label>Assigned for keying and markup</change>
         <change>
            <date>2012-07</date>
            <label>SPi Global</label>Keyed and coded from ProQuest page images</change>
         <change>
            <date>2013-03</date>
            <label>Mona Logarbo</label>Sampled and proofread</change>
         <change>
            <date>2013-03</date>
            <label>Mona Logarbo</label>Text and markup reviewed and edited</change>
         <change>
            <date>2014-03</date>
            <label>pfs</label>Batch review (QC) and XML conversion</change>
      </revisionDesc>
   </teiHeader>
   <text xml:lang="eng">
      <body>
         <div type="text">
            <pb facs="tcp:184431:1"/>
            <head>The CASE of Walter Kennedy Eſq; and Lettice his Wife Eldeſt Siſter, and Robert Haldanby Eſq; and Katharine his Wife Youngeſt Siſter, and Coheirs of Robert Knollys Eſq; lately deceaſed.</head>
            <p>
               <hi>WIlliam Knollys</hi> Eſq; deceaſed, Father of the ſaid <hi>Robert Knollys,</hi> made five ſeveral Leaſes or Mort<g ref="char:EOLhyphen"/>gages of ſeveral parts of the Mannor of <hi>Rotherfield Greyes</hi> in the County of <hi>Oxon,</hi> for conſiderable Sums of Money borrowed of ſeveral perſons, and died.</p>
            <p>The ſaid <hi>Robert Knollys</hi> his Son and Heir, after his death to diſcharge theſe Mortgages, and other Incum<g ref="char:EOLhyphen"/>brances of his Eſtate, borrowed of <hi>Richard Hoper</hi> Eſq; 5000 <hi>l.</hi> and theſe Mortgages were all aſſigned unto <hi>John Hoper</hi> his Son in truſt for him,<note place="margin">12 &amp; 13 <hi>Nov.</hi> 19 <hi>Car.</hi> II.</note> and the Inheritance of the ſaid Mannor, and all Lands thereto belong<g ref="char:EOLhyphen"/>ing were by Leaſe and Releaſe, and Fine thereupon, levyed, conveyed and granted unto the ſaid <hi>Richard Hoper,</hi> and one <hi>John Honghton</hi> Gent. his Truſtee for Security of the ſaid 5000 <hi>l.</hi> and to be reconveyed on payment there<g ref="char:EOLhyphen"/>of with Intereſt.</p>
            <p>
               <hi>Robert Knollys</hi> being in ſome Arrears of Intereſt, and having occaſion for more Money, borrowed 5500 <hi>l.</hi> of <hi>Robert Pleydall</hi> Eſq; ſince deceaſed,<note place="margin">14 &amp; 15 <hi>Dec.</hi> 25 <hi>Car.</hi> II.</note> and the five Leaſes or Mortgages were aſſigned to him, and the Inheritance conveyed by Mr. <hi>Houghton</hi> (<hi>Richard Hoper</hi> being then dead) unto <hi>John Snell</hi> Eſq; and <hi>Henry Culpepper</hi> in truſt for <hi>Robert Pleydall,</hi> by the direction of <hi>John Hoper</hi> Executor of <hi>Richard.</hi>
            </p>
            <p>
               <hi>Robert Pleydall</hi> made his Will,<note place="margin">In <hi>Dec.</hi> 1676.</note> and <hi>Robert</hi> his Son Executor, and died.</p>
            <p>
               <hi>Robert Knollys</hi> being again in Arrears of Intereſt, and having occaſion for more Money, borrows 1500 <hi>l.</hi> more of <hi>Robert</hi> the Son,<note place="margin">16 <hi>Dec.</hi> 1678.</note> and by Indenture then made declares that the aforeſaid five ſeveral Leaſes or Mortgages made to his Father, and now veſted in him as his Executor, and alſo the Inheritance granted to <hi>Snell</hi> and <hi>Culpepper</hi> in truſt as aforeſaid, ſtand and remain as a Security as well for the 1500 <hi>l.</hi> then lent, as the 5500 <hi>l.</hi> formerly lent.</p>
            <p>
               <hi>Robert Knollys</hi> being ſick and weak, and conſidering the Incumbrances upon his Eſtate, by Indenture grants and conveys unto <hi>John</hi> Lord <hi>Lovelace.</hi>
               <note place="margin">2 <hi>April</hi> 1679.</note> and Sir <hi>John Borlaſe</hi> Baronet, the Equity of Redemption of his ſaid Eſtate, and directs them to ſell and pay Mr. <hi>Pleydall,</hi> and afterwards to diſpoſe of the Surplus ariſing by ſuch Sale to ſuch Uſes as he by any Deed, or by his Will ſhould direct and appoint.</p>
            <p>About three weeks after the ſaid <hi>Robert Knollys</hi> had executed this Deed, he died inteſtate, and without making any Diſpoſition by Deed,<note place="margin">April <hi>79.</hi>
               </note> 
               <hi>Henry Culpepper</hi> died before Mr. <hi>Knollys,</hi> and <hi>John Snell</hi> ſurvived.</p>
            <p>
               <hi>Katharine Haldanby,</hi> youngeſt Siſter of <hi>Robert Knollys,</hi> being of full age, by Deed before her Marriage con<g ref="char:EOLhyphen"/>firms the Deed made by her Brother to Lord <hi>Lovelace</hi> and Sir <hi>John Borlaſe,</hi> and directs them to ſell: <hi>Lettice</hi> by Letter being then at a remote diſtance does the like;<note place="margin">15 <hi>May</hi> 79.</note> but before ſhe ſealed the Deed, Married with Mr. <hi>Kennedy,</hi> who is alſo under age.</p>
            <p>And ſo neither he nor Mrs. <hi>Snell</hi> can joyn in any Legal Act either to convey or joyn in the Sale of the Eſtate for payment of the Debt to Mr. <hi>Pleydall,</hi> and other Debts of <hi>Robert Knollys,</hi> nor can he or Mrs. <hi>Snell</hi> joyn in any Act for making Leaſes to any Tenents; and if the Eſtate cannot ſpeedily be ſold to pay off the Mortgage before Mr. <hi>Kennedy</hi> and Mrs. <hi>Snell</hi> are of age, it will be in a great meaſure waſted and eaten up with Intereſt, and Mrs. <hi>Kennedy</hi> and Mrs. <hi>Haldanby</hi> be very much injured; which if ſold now, would be very conſiderably advan<g ref="char:EOLhyphen"/>tagious unto them, and their Fortunes very conſiderable after all their Brothers Debts paid.</p>
            <p>
               <hi>John Snell</hi> died,<note place="margin">In <hi>August</hi> 79.</note> and left <hi>Dorothy Snell</hi> his ſole Daughter and Heir a Minor of about the age of 17 years; ſo ſhe cannot reconvey until of age, upon payment of the Mortgage money.</p>
            <p>It is therefore prayed that the Inheritance of the ſaid Eſtate may be Veſted in the Lord <hi>Lovelace</hi> and Sir <hi>John Borlace,</hi> that they may be enabled to make Sale of the Eſtate to pay the Mortgage, and other Debts of the ſaid <hi>Robert Knollys,</hi> by Act of Parliament; and the rather, for that the Heir of Mrs. <hi>Snell</hi> (if ſhe dies under age) lives in <hi>Scotland,</hi> and cannot be bound by any Decree here in Chancery, or other Act.</p>
            <p>And it is alſo prayed that it may be Enacted, That the Moiety of the Surplus of the Money ariſing and be<g ref="char:EOLhyphen"/>longing to Mrs. <hi>Kennedy</hi> may by ſuch Sale remain in the Hands of the Lord <hi>Lovelace</hi> and Sir <hi>John Borlaſe,</hi> in Truſt for Mrs. <hi>Kennedy</hi> and her Heirs, ſhe having a Child already born, and to be diſ<g ref="char:EOLhyphen"/>poſed of from time to time by her ſole and apart from her Husband, until ſome Settlement made by him upon her and her Iſſue by her ſaid Husband, ſave only 700 <hi>l.</hi> for the Husband for payment of his Debts.</p>
         </div>
      </body>
   </text>
</TEI>
