Richard Pearle gent. plaintiff Sir William Powel alias Hinson Baronet, Dame Mary his wife, & al. defendants. Pearle, Richard. 1665 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A56798 Wing P968AA ESTC R217884 99829527 99829527 33967 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A56798) Transcribed from: (Early English Books Online ; image set 33967) Images scanned from microfilm: (Early English books, 1641-1700 ; 1995:24) Richard Pearle gent. plaintiff Sir William Powel alias Hinson Baronet, Dame Mary his wife, & al. defendants. Pearle, Richard. 1 sheet ([1] p.) s.n., [London : 1665] Imprint from Wing. Cropped at head. Reproduction of the original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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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). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Powell, William -- Early works to 1800. Stirling, Mary Vanlore Alexander, -- Countess of, d. ca. 1660 -- Early works to 1800. Pearle, Richard -- Early works to 1800. Estates (Law) -- England -- Cases -- Early works to 1800. 2008-04 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Richard Pearle Gent. Plaintiff ; Sir William Powel alias Hinson Baronet , Dame Mary his Wife , & al. Defendants . ANswers to the Objections that may be probably made , against the admitting the Plaintiffs Bill in Parliament . Ob. 1. The Plaintiff if he had any good Title , Would have sought for Remedy long since , it being above 9 years since the Ideot John Pearle , his elder Brother , died . Res . 1. Sir John Bridges , under whom the Defendants Claim , had by his deserting the King , and complying with the late usurped Powers , made himself so powerfull an Interest in Herefordshire , and elsewhere , that the Plaintiff had enough to do to preserve his person , having alwayes adhered to the Kings Interest , much less to contest then with so powerfull a man , yet hath alwayes made his Claim . 2. Since His Majesties happy Restauration , the Plaintiff Richard Pearle hath alwayes endeavoured the finding out the Records of the Ideory , which he was still in hopes to do , the Clerk of the Lunatick Office , and some of the Defendants , having often confessed the having them in their custody ; but he believes did and doth conceal them , in hopes of a Composition , which hath been often offered to the Plaintiff . Ob. 2. Sir John Bridges paid a valuable Consideration for the Estate . Res . 1. He gave but 40 l. per annum to the Ideot during his life , who had the sole Estate in him : And what he gave to others , was in his own wrong , and for the furthering his design . 2. The Estate is really worth 420 l. per annum ; the Grandfather had no other Estate , yet was prick'd for Sheriff of the County . Ob. 3. The Defendants have gotten a Common Recovery , and though from an Ideot , ( yet being one of the Common Assurances of the Nation ) ought not to be avoided . Res . Fines and Recoveries obtained by Design , Fraud , Force , Covin , and Deceit , are not reckoned the Common Assurances of the Nation , and therefore not favoured by the Common Law. Vide Fermors Case at large , Co. 3 Rep. so . 77. where it is adjudged by six Justices , Litt. cap. Remitter 151. quod alias bonum & justumest , si per vim vel fraudem petatur malum & injustum est . And there is a late Case in point between Leveston and Powel in both Houses , where a Fine was damned because it was obtained by Force , Fraud , and Covin . This Case is accompanied with more Deceit , &c. than the Case cited , or any of the Cases cited in our Books : For , 1. Sir John to get the Ideot into his custody , Petitions his Majesties Attorney in the year 44. for a Commission de Ideota inquirendo ; and doth not inform him , that the Ideot was and ought to be a Ward ; so to carry on his design , he first begins to deceive his Majesty . 2. Francis Rinardes , Tho. Tomkins Esquires , & al. Petition his Majesties Attorney , informing him of his Ward , and thereupon obtain a Supersedeas to the said Commission , and a new Commission de diem clausit extremum , for finding the Kings Ward ; both which the said Sir John Bridges did suppress in the executing thereof , and by force did take them away , and executed his own Commission , and did find the said John an Ideot in due form of Law. 3. So by colour of having the custody of the Ideot , did by force take possession of his Estate , in right of the Ideot as he then pretended ; and having gotten the possession , he complies with the Parliament , and then falsifies the Trust committed to him in the preservation of the Ideot . Vide Stat. Praerogativae Regis . Ita quod nullatenus per eosdem fatuos alienentur , nec quod corum haeredes exhaeredentur . 4. For having by such Force , Covin , Fraud , and Deceit , gotten the Ideot into his sole possession , procures him to suffer a Recovery ; and that by Attorney , and makes his Menial Servants his Commissioners . So that where Design , Force , Fraud , and Covin , are the supporters of an Assurance , be it Fine , Common Recovery , or otherwise , the Law will not call it one of the Common Assurances of the Nation . Vide the Preamble of the Statute of 4 Hen. 7. cap. 24.41 . Ass . Pla. 28.44 . E. 3.25.12 . Eliz. 295. Dier . Ob. 4. There hath been several other Fines and Assurances passed of the Estate , since that Recovery . Res . 1. Those that Claim under an Estate got by Covin , shall be in the same plight as those that got the Estate by Covin . 39 E. 3. Br. Remitter 47. Littlet . 678. 2. And if any be , 't is by one of the Defendants to the other , who are parties or privies to the first Recovery .