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<DATE>2009-07-02</DATE>
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<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B090522.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B02577">
<STC T="W">c910</STC>
<BIBNO T="oclc">52211902</BIBNO>
<VID>175472</VID>
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<TEXT LANG="eng">
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<DIV1 TYPE="text">
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<HEAD>The <HI>CASE</HI> of <HI>EDWARD WILLIAMS,</HI> <ABBR>E&s;q</ABBR> Again&s;t a Bill cau&s;ed to be brought to the Hou&s;e of Peers by Mr. <HI>George Weld,</HI> a Member of the Hou&s;e of Commons, relating to the Cu&s;tody, Tuition, and Marriage of Sir <HI>Paul Pindar,</HI> Baronet, an Infant of the Age of Thirteen Years and Ten Months.</HEAD>
<P>SIR <HI>Peter Pindar,</HI> Baronet, had I&s;&s;ue <HI>Thomas Pindar,</HI> <ABBR>E&s;q</ABBR> <HI>Charles Pindar,</HI> and three Daughters, whereof one married Mr. <HI>George Weld</HI> without her Father's con&s;ent.</P>
<P><HI>Robert Wynne,</HI> <ABBR>E&s;q</ABBR> &s;eized of an E&s;tate of Inheritance, had I&s;&s;ue three Daughters, <HI>Ann, Mary,</HI> and <HI>Jane.</HI></P>
<P><HI>Thomas Pindar,</HI> Elde&s;t Son of Sir <HI>Peter Pindar,</HI> married <HI>Ann,</HI> the Elde&s;t Daughter and &s;ole Heir to the Inheritance of <HI>Robert Wynne,</HI> and by her had I&s;&s;ue <HI>Paul Pindar,</HI> and one Daughter.</P>
<P><HI>Thomas Pindar</HI> in 1687. dyed in the Life-time of his Father.</P>
<P>In <HI>July</HI> 1689. <HI>Ann Pindar,</HI> the Widow of <HI>Thomas Pindar,</HI> by her Will named and appointed <HI>Edward Williams,</HI> <ABBR>E&s;q</ABBR> (married to her Si&s;ter <HI>Jane</HI>) <HI>Roger Mo&s;tyn,</HI> and <HI>Ambro&s;e Thelwal,</HI> E&s;quires Tru&s;tees of her E&s;tate, and Guardians to her Son Sir <HI>Paul Pindar</HI> (then an Infant about Nine Years old) for his Benefit, and conmitted the Care of him to her &s;aid Brother <HI>Edward Williams</HI> in her Life-time, and left the Infant in his actual Cu&s;tody at her Death in <HI>June</HI> 1690.</P>
<P>Mr. <HI>Edward Williams</HI> her Brother took care of, and provided for her Funeral, Sir <HI>Paul Pindar</HI> the Infant continuing in his actual Cu&s;tody with the con&s;ent of the other Tru&s;tees and Guardians; and having Interred the Mother, he Peaceably without any Force or Violence brought the Infant with him from the Funeral of his Mother in the Pre&s;ence, and with the Approbation of his Co-Tru&s;tees and Guardians, to <HI>Place Ward,</HI> the late Hou&s;e of <HI>William Williams,</HI> <ABBR>E&s;q</ABBR> in his way to Mr. <HI>Edward Williams</HI> his Hou&s;e, and within two days brought the Infant to his own Hou&s;e, where he hath continued in good Health, and Educated agreeable to his Mothers Appointment, and his own Quality.</P>
<P>In <HI>Michaelmas</HI> Term 1690. Mr. <HI>Weld</HI> exhibited a Bill into the Court of Chancery again&s;t Mr. <HI>Edward Williams</HI> in the Name of Sir <HI>Paul Pindar</HI> the Infant, naming him&s;elf his <HI>Prochein Am,</HI> untruly &s;ugge&s;ting that Mr. <HI>Edward Williams</HI> had by Violence &s;eized the Infant, and detained him with an intent to di&s;po&s;e of him in Marriage.</P>
<P>Mr. <HI>Edward Williams</HI> an&s;wered that Bill, denying the Force and Violence, &s;etting forth his Cu&s;tody of the Infant and Tru&s;t under his &s;aid Mother's Will and Appointment, &s;hewing al&s;o tha he was Guardian in Soccage to the Infant.</P>
<P>The Commi&s;&s;ioners of the Great Seal in <HI>February</HI> 1690. A&s;&s;uming the Juri&s;diction of the Court of Wards over the E&s;tate and Per&s;on of this Infant, Ordered, That Mr. <HI>Edward Williams</HI> &s;hould Receive the Rents of the Infant's Maternal E&s;tate, and Mr. <HI>Charles Pindar</HI> (the Infant's Uncle of the Father's &s;ide) &s;hould Receive the Rents of the Infant's Paternal E&s;tate.</P>
<P>Soon afterward upon the Death of Mr. <HI>Charles Pindar,</HI> the Commi&s;&s;ioners Appointed Mr. <HI>Weld</HI> Receiver of the Infant's Paternal E&s;tate, and Mr. <HI>Thomas Jones</HI> to be Receiver of the Infant's Maternal E&s;tate; and other Orders were made by the Commi&s;&s;ioners in Relation to the Per&s;on and Education of the Infant.</P>
<P>Mr. <HI>Edward Williams</HI> Humbly conceiving that the Court of Chancery had no Juri&s;diction of the Per&s;on of the Infant, or Power over his E&s;tate in this Ca&s;e to controul the Mother's Will and D&s;po&s;ition therein, and his Guardian&s;hip in Soccage, did in pur&s;u|ance of the Tru&s;t in him repo&s;ed and Guardian&s;hip, take care of the Per&s;on of the Infant, and of his Education.</P>
<P>Mr. <HI>Weld</HI> having received the Profits of his E&s;tate all this tine without Account or Security for the Benefit of the Infant, or any Maintenance allowed him, though there's a Bill filed for tht purpo&s;e in the Infant's Name, Mr. <HI>Weld</HI> in&s;i&s;ting upon his Pri|viledge.</P>
<P>Now the Infant drawing near the Age of Fourteen, enabling him to choo&s;e a Guardian, Mr. <HI>Weld</HI> fearing he may be com|pelled to Account for what he hath Received out of the Infant's E&s;tate, hath cau&s;ed this Bill to be brought to the Hou&s;e of Peers, Complaining that Mr. <HI>Edward Williams</HI> and Mr. <HI>William Williams</HI> by Force and Violence &s;eized and carried away the Infant, and that he hath been detained by them ever &s;ince, in order to Mary him to a Daughter of the &s;aid <HI>Edward Williams.</HI></P>
<P>All which Sugge&s;tions are notoriou&s;ly untrue.</P>
<LIST>
<ITEM>I. It cannot be pretended that Mr. <HI>William Williams</HI> was concerned, or intermedled in any taking or detaining of the Infant, otherwi&s;e than that Mr. <HI>Edward Williams</HI> and the Infant lay at his Hou&s;e a Night or two in their way from Mrs. <HI>Pindar</HI>'s Funeral to Mr. <HI>Edward Williams</HI> his Hou&s;e. Mr. <HI>William Williams</HI> is a &s;tranger to the Infant, and was &s;o in <HI>June</HI> 1690. and hath &s;o continued ever &s;ince without intermedling in any thing that concerns his Per&s;on, E&s;tate, Cu&s;tody, or Marriage; he hath no Power over the Infant, neither hath he &s;een him &s;ince he was at his Hou&s;e in <HI>June</HI> 1690.</ITEM>
<ITEM>II. Mr. <HI>Edward Williams</HI> had the actual Care and Cu&s;tody of the Infant's Per&s;on in the Life-time of his Mother, and hath continued &s;o ever &s;ince, and doth Humbly in&s;i&s;t upon it, that he is Entituled to the Cu&s;tody of his Per&s;on, and Man|agement of his E&s;tate with the other Co-Tru&s;tees, by the Appointment of his Mother's Will.</ITEM>
<ITEM>III. He is al&s;o Entituled to the Cu&s;tody of the Infant as Guardian in Soccage, having married the Infant's Mother's Si&s;ter.</ITEM>
<ITEM>IV. The Infant is very well plea&s;ed with his being under the Management of Mr. <HI>Edward Williams,</HI> and has been very well Educated, and de&s;ires to continue under the Care and Management of his Guardians appointed by his Mother's Will.</ITEM>
<ITEM>V. There's no Ground for the Pre&s;umption of his being married to Mr. <HI>Edward Williams</HI> his Daughter, it's rather to be &s;u&s;pected and feared, that the Per&s;on who married his own Wife without her Father's Con&s;ent, and Sollicites this Bill, would Marry this Infant to one of his Daughters, if he could get him into his Power, having already made a Marriage for one of his Daughters to an Infant Baronet, <UNCLEAR>unequal</UNCLEAR> in all re&s;pects, except the Infancy of the Per&s;ons.</ITEM>
</LIST>
<P>Wherefore it is Humbly hoped this Bill will be rejected.</P>
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