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<DATE>2008-05-19</DATE>
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<NAME>John Pas</NAME>
<RESP>MURP</RESP>
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<IDG S="marc" R="UM" ID="B02613">
<STC T="W">C994</STC>
<BIBNO T="oclc">51617742</BIBNO>
<VID>175165</VID>
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<HEAD>The CASE of Sir <HI>JOHN EDWARDS,</HI> Knight, Appellant from a Decrcee made in the High and Honourable Court of Chancery, in a Cau&s;e there Depending, wherein <HI>Mary Howard,</HI> Widow, was Plaintiff, and the Appellant was Defendant: <HI>Humbly Offered to the Con&s;ideration of the Right Honourable the Lords Spiritual and Temporal in Parliament A&s;&s;embled.</HI></HEAD>
<P><HI>HENRY HOWARD,</HI> <ABBR>E&s;q</ABBR> being &s;eiz'd in Fee of the Honour of <HI>Cl<GAP DESC="illegible" EXTENT="1 letter">ne,</HI> the Mannor of <HI>Bucknill,</HI> and of other Mannors and Lands in the County of <HI>Salop,</HI> the 19th day of <HI>January</HI> 1669; after his Marriage with the Re&s;pondi&s;t, did &s;ettle part of the Premi&s;es of the value of 500 <HI>l. per. ann.</HI> upon her for her Joynture; and the 7th day of <HI>December</HI> following, did make her a voluntary additional Settlement of other Lands, worth (if in po&s;&s;e&s;&s;ion) 1500 <HI>l. per annum</HI> more. <HI>Henry Howard</HI> after|wards, <HI>viz.</HI> the 10th day of <HI>July</HI> 1671, &s;old to the Appellant for a full and valuable Con&s;ideration, really paid the Rever&s;ion after three Lives of three Tenements in <HI>Bucknill;</HI> which unknown to the Appellant, were in the afore&s;aid voluntary and additional Settlement, and of two &s;mall Tenements in the Forre&s;t of <HI>Clone,</HI> which were not in that voluntary additional Settlement. All which &s;aid Premi&s;es, were an ab&s;olute purcha&s;e, without any power of Redemption, either by Word or Writing. Which Premi&s;es &s;o purcha&s;ed by the Appellant (to &s;ave charges, and to protect them by Collateral &s;ecurity from incumbrances) were included in the &s;ame conveyance with other Lands about that time contracted for by one Mr. <HI>Edward Powell,</HI> with the &s;ame Mr. <HI>Howard;</HI> but the Contracts were &s;everal, and the Tenements purcha&s;ed by the Appellant, were by the &s;aid <HI>Powell</HI> immediately to be conveyed to the Appellant and his Heirs; and a Draught for that purpo&s;e was then prepared, and agreed on, and afterwards was executed by the &s;aid <HI>Powell.</HI></P>
<P>The &s;aid Mr. <HI>Powell</HI> voluntarily gave Mr. <HI>Howard</HI> a Note to admit him to re-purcha&s;e the Premi&s;es by him the &s;aid <HI>Powell</HI> contracted for and purcha&s;ed. Mr. <HI>Howard,</HI> after he had &s;upplied his occa&s;ions with the &s;aid Purcha&s;e-money, preferr'd his Bill in Chancery again&s;t <HI>Powell,</HI> and the Appellant to have Redemption from them both, of the Lands by them &s;everally purcha&s;ed, upon pretence that the &s;aid Note given by <HI>Powell,</HI> did amount to an agreement, that Mr. <HI>Howard</HI> might re-purcha&s;e the &s;ame, and Mr. <HI>Howard</HI> would therein have included the Lands purcha&s;ed by the Appellant. But it appearing that the Appellants purcha&s;e was a di&s;tinct purcha&s;e from <HI>Powells,</HI> and &s;o not to be affected with <HI>Powell</HI>'s Note, That Bill was di&s;mi&s;t, and then Mr. <HI>Howard</HI> exhibited a new Bill again&s;t <HI>Powell</HI> alone to redeem the &s;ame; who &s;ubmitting thereto the 6th of <HI>July,</HI> 26 <HI>Car.</HI> 2<HI>di,</HI> the &s;ame was decreed accordingly, but without prejudice as to the Premi&s;es purcha&s;ed by the Appellant.</P>
<P>In <HI>November</HI> 1675, Mr. <HI>Henry Howard</HI> dyed, and the Appellant having, as he was, and is advi&s;ed, an ab&s;olute and irredeemable E&s;tate in the Premi&s;es, and conceiving him&s;elf at peace and quiet, did in con&s;ideration of a Marriage and Portion, received with his new Wife, ab&s;olutely &s;ettle the &s;aid Lands in <HI>Bucknill (inter alia)</HI> upon Sir <HI>Edward Harley,</HI> Knight of the Bath, and <HI>Robert Beale,</HI> <ABBR>E&s;q</ABBR> in Tru&s;t for the Appellants Wife, for part of her Joynture, and afterwards to the U&s;e of the Heirs Male of their two bodies, and charged with Portions for younger Children; That the Re&s;pondi&s;t <HI>May Howard,</HI> Relict of the afore&s;aid <HI>Henry Howard,</HI> decea&s;ed, claiming part of the Premi&s;es, as being comprized in her &s;aid volantary additional Settlement, made as afore&s;aid, brought her Bill in Chancery again&s;t the Appellant for a Re-conveyance of all the whole Premi&s;es, and a Redemption thereof though ab&s;olutely bought and purcha&s;ed by him, and &s;etled for a va|luable con&s;ideration as afore&s;aid, on pretence, that the Appellants having accepted of a conveyance from <HI>Powell;</HI> and being privy to <HI>Powells</HI> giving the afore&s;aid Note, and not oppo&s;ing the &s;ame, ought to be affected thereby.</P>
<P>Whereas,</P>
<LIST>
<ITEM>1&s;t, The Appellants Purcha&s;e and Contract was di&s;tinct from that of Mr. <HI>Powells;</HI> the Purcha&s;es were treated for &s;everally, and &s;eve|rally paid for.</ITEM>
<ITEM>2ly, Mr. <HI>Powell</HI> only agreed to admit Mr. <HI>Howard</HI> to re-purcha&s;e what he him&s;elf had contracted for, and &s;o the Appellants purcha&s;e not comprehended in that Note.</ITEM>
<ITEM>3ly, The Premi&s;es purcha&s;ed by the Appellant, not being included in <HI>Powells</HI> Note; therefore, though the Appellant was pre&s;ent when the Note was given, yet had he no rea&s;on to oppo&s;e it, or to de&s;ire that to be excluded, which, in truth, was never included therein.</ITEM>
<ITEM>4ly, The Note given by Mr. <HI>Powell,</HI> was voluntary, and he hath &s;worn expre&s;ly it was &s;o; and that it was to extend only to his own purcha&s;e, and not to the Appellants.</ITEM>
<ITEM>5ly, To make a Con&s;truction, that the Appellants Lands &s;hould be redeemable, becau&s;e <HI>Powell</HI> &s;o agreed for his own, is not only again&s;t the truth, but a con&s;truction contrary to all common &s;en&s;e and under&s;tanding: For can any man think it probable, that the Appellant would part with his money, and take only a &s;ecurity of a dry Rever&s;ion, after three Lives in being, for the &s;ame? Out of what could he expect to be paid his Intere&s;t? It would be worthy of enquiry, Whether ever any man lent his money upon a dry Rever&s;on, after three Lives, without &s;omething in po&s;&s;e&s;&s;ion, that might an&s;wer his Intere&s;t, or &s;ome Collareral &s;ecurity for the &s;ame?</ITEM>
<ITEM>6ly, The money paid by the Appellant, was the full value of the Rever&s;ions, con&s;idering the Lives then in being.</ITEM>
<ITEM>7ly, The Appellant on pre&s;umption, that this ab&s;olute purcha&s;e of his, was only a Mortgage, is decreed to re-convey the &s;ame free from incumbrances, which is ab&s;olutely impo&s;&s;ible for him to do, he having for a valuable con&s;ideration &s;ettled the &s;ame on his wife and Children, as afore&s;aid; &s;o that it is out of his power to perform the Decree, and con&s;equently his Per&s;on decreed to perpetual Im|pri&s;onment.</ITEM>
<ITEM>8ly, The Re&s;pondi&s;t is admitted to a Redemption of all the Five Tenements afore&s;aid; whereas (were the Appellants title but a Mortgage, yet hath the title only to three of them) none of them being in her Joynture, and there being but three of them in her addi|tional voluntary Settlement, the equity of Redemption of the other two (if redeemable at all) being in another per&s;on, <HI>viz.</HI> Mr. <HI>Wal|cott,</HI> who purcha&s;ed <HI>Clone,</HI> whereof tho&s;e Tenements are a part, who is neither Plaintiff nor Defendant, and to who&s;e pro&s;ecution the Appellant is equally lyable.</ITEM>
<ITEM>9ly, The Re&s;pondi&s;t is relieved by the &s;aid Decree, upon a voluntary conveyance again&s;t the Appellant, who is a Purcha&s;or for a full and valuable con&s;ideration, and upon account &s;tated by the Ma&s;ter in Chancery, according to the Re&s;pondi&s;ts own values in proofs; the money now due to the Appellant, is more then the Rever&s;ions are worth, if now to be &s;old, although &s;everal of the Lives are dead &s;ince the purcha&s;e; &s;o that the Decree is purely obtain'd for vexation, and can be in no ca&s;e for the Re&s;pondi&s;ts advantage, yet De|crees an impo&s;&s;ibility to be performed; and if not performed, the Appellants per&s;on is lyable to perpetual Impri&s;onment, as afore|&s;aid.</ITEM>
<ITEM>10ly, That the Appellant having the conveyance of the Rever&s;ion in his own Name, his E&s;tates for three Lives are Merg'd; which is an evidence of an ab&s;olute Purcha&s;e, not a Mortgage.</ITEM>
</LIST>
<P><HI>All which it most humbly &s;ubmitted to the Wi&s;dom and grave Con&s;ideration of this Supreme Fountain of Justice, your Lord|&s;hips in Parliament A&s;&s;embled. And the Appellant humbly prays Relief according to Justice, and that the Decree afore|&s;aid may stand rever&s;ed.</HI></P>
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