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<DATE>2013-05-14</DATE>
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<NAME>Sarah Wingo</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B120732.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B09124">
<STC T="W">E3075B</STC>
<STC T="C">R176720</STC>
<BIBNO T="oclc">[ocm]64551263</BIBNO>
<VID>184571</VID>
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<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD>The CASE of Sir Charles Englefield, Baronet.</HEAD>
<P>SIR <HI>Francis Englefield</HI> of <HI>Wotton Ba&s;&s;et</HI> in the County of <HI>Wilts</HI> Baronet, had I&s;&s;ue Sir <HI>Francis Englefield</HI> his Son and Heir, Sir <HI>Thomas Englefield, Anthony Englefield, William Englefield,</HI> and <HI>Henry Englefield.</HI></P>
<P>Sir <HI>Francis Englefield</HI> the Son, had I&s;&s;ue Sir <HI>Francis Englefield</HI> and &s;everal Daughters.</P>
<P>Sir <HI>Thomas Englefield,</HI> Second Son of Sir <HI>Francis Englefield</HI> the Grandfather, had I&s;&s;ue Sir <HI>Charles Englefield,</HI> his Son and Heir, the now Defendant.</P>
<P><HI>Anthony Englefield</HI> Third Son of Sir <HI>Francis Englefield</HI> the Grandfather, had I&s;&s;ue <HI>Anthony Englefield,</HI> his Son and Heir, the now Plaintiff, or Appellant.</P>
<P>After the death of Sir <HI>Francis Englefield</HI> the Grandfather,
<NOTE PLACE="marg">19 <HI>Junii,</HI> 8 <HI>Car.</HI> 1.</NOTE> Sir <HI>Francis Englefield</HI> the Son, and Dame <HI>Winifred</HI> his Wife, by Indenture 19 <HI>Junii</HI> 8 <HI>Car.</HI> 1. and a Fine Levied, to Set|tle the Manors of <HI>Soleby, Saxelby, Grem&s;tone</HI> and <HI>A&s;hby,</HI> in the County of <HI>Leice&s;ter</HI> (being the Manors in Que&s;tion) to the U&s;e of them&s;elves for their Lives; Remainder to their Fir&s;t, Second, Third, <HI>&amp;c.</HI> Sons in Tayl: Remainders to the Heirs Male of the Body of the &s;aid <HI>Francis Englefield</HI> the Son: Remainder to the &s;aid Sir <HI>Thomas Englefield</HI> for Life, and to his Fir&s;t, Second, Third, <HI>&amp;c.</HI> Sons in Tayl: Remainder to the &s;aid <HI>Anthony, William</HI> and <HI>Henry,</HI> and to all other the Sons of Sir <HI>Francis Englefield</HI> the Grandfather, and their Sons &s;ucce&s;&s;ively in like manner, as the &s;ame were limited to Sir <HI>Thomas Englefield</HI> and his Sons: Remainder to the Right Heirs of the &s;aid Sir <HI>Francis</HI> the Grandfather for ever.</P>
<P>Sir <HI>Francis Englefield</HI> the Grandchild, being &s;ei&s;ed in Fee of an E&s;tate in <HI>Wilt&s;hire,</HI> by his Will appoints 600 <HI>l. per Annum</HI> thereof to be &s;old for payment of his Debts, and Devi&s;es the re&s;idue thereof to the Lady <HI>Honora</HI> his Wife for her Life: Remainder to the Heirs of his Body: Remainder to his &s;aid Uncle Sir <HI>Thomas Englefield</HI> and the Heirs of his Body: Remainder to the &s;aid <HI>Anthony, William</HI> and <HI>Henry</HI> &s;ucce&s;&s;ively in Tayl: Remainder to his own Right Heirs for ever: And in 1665. dies without I&s;&s;ue; and the Lady <HI>Honora</HI> his Widow and Relict Intermarries with Sir <HI>Robert Howard.</HI></P>
<P>So that upon the death of the &s;aid Sir <HI>Francis Englefield</HI> the Grandchild, Sir <HI>Thomas Englefield</HI> had in him the Remainder of the <HI>Leicester&s;hire</HI> E&s;tate after the death of Dame <HI>Winifred,</HI> and the Remainder in Tayl of the <HI>Wele&s;hire</HI> E&s;tate after the Death of the Lady <HI>Honora.</HI></P>
<P>Sir <HI>Thomas Englefield</HI> being unmarried, and then a Pri&s;oner in the Kings Bench for Debt, and in many Troubles, and being a Per&s;on but of a mean Under&s;tanding, his youn|ger Brother <HI>Anthony Englefield,</HI> together with <HI>Anthony Englefield</HI> the now Plaintiff, Son of the &s;aid <HI>Anthony,</HI> and one <HI>Thomas Smith,</HI> Combine to get his E&s;tate, and to De|fraud him thereof; To prepare the way whereunto, they tell him he was but Tenant for his Life of both the E&s;tates, and could not without his Brother <HI>Anthony</HI> &s;ell or take up a Farthing on either; That the Two Widows were healthy and young, and likely to out-live him; and that there were &s;everal great Portions Charged upon the E&s;tate for his Brother Sir <HI>Francis Englefield</HI>'s Daughters; and that he being not likely to Marry, he could not do better than to &s;ettle the E&s;tate upon his Brother to pre&s;erve the Family.</P>
<P>By the&s;e and other indirect Means,
<NOTE PLACE="marg"><HI>Wile&s;hire E|&s;tate,</HI> 18 <HI>Sep.</HI> 1665.</NOTE> they fir&s;t get Sir <HI>Thomas Englefield</HI> by Indenture, Dated the 18. of <HI>September</HI> 1665. in Con&s;ideration of 600. <HI>l.</HI> therein mentioned, to be paid him by the &s;aid Two <HI>Anthonies,</HI> his Brother and Nephew, and of a Rent Charge of 200 <HI>l. per Annum</HI> to be Granted by them, or one of them to have continuance &s;o long as he the &s;aid Sir <HI>Thomas</HI> remained unmarried, to Convey the &s;aid <HI>Wil<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;hire</HI> E&s;tate (being of the clear yearly Value of 2500 <HI>l.</HI> and upwards) unto the &s;aid Two <HI>Anthonies</HI> and their Heirs for ever.</P>
<P>By Articles of the &s;ame Date, it was acknowledged by the Two <HI>Anthonies,</HI> that only 200 <HI>l</HI> of the &s;aid 600 <HI>l.</HI> was really paid to Sir <HI>Thomas Englefield,</HI> and the Two <HI>Anthonies</HI> Covenanted to pay Sir <HI>Thomas</HI> the 400 <HI>l.</HI> Re&s;idue, and to &s;ettle on him the &s;aid Rent Charge of 200 <HI>l. per Annum,</HI> with a Provi&s;o therein, That if the Two <HI>Anthonies</HI> &s;hould at any time before the Fir&s;t of <HI>September</HI> then next en&s;uing, refu&s;e to pay the &s;aid 400 <HI>l.</HI> or to &s;ettle the &s;aid 200 <HI>l. per Annum</HI> Rent Charge, and Sir <HI>Thomas</HI> &s;hould Re-pay the &s;aid 200 <HI>l.</HI> he had received, then the &s;aid Indenture &s;hould be of no Effect, and they to Re-Convey the E&s;tate to Sir <HI>Thomas.</HI></P>
<P>And for a Reward to the &s;aid <HI>Thomas Smith,</HI>
<NOTE PLACE="marg">4 <HI>October,</HI> 1665.</NOTE> for his dextrous Management of the Bu&s;ine&s;s with Sir <HI>Thomas Englefield,</HI> the Two <HI>Anthonies</HI> by Articles 4. <HI>Octobr.</HI> 1665, Cove|nant with <HI>Smith,</HI> That he &s;hould have a Fourth Part of the <HI>Wilt&s;hire</HI> E&s;tate to him and his Heirs, he paying the Fourth Part of the &s;aid 600 <HI>l.</HI> (50 <HI>l.</HI> whereof <HI>Smith</HI> paid down upon Sealing) and &s;ettling the Fourth Part of the &s;aid 200 <HI>l. per Annum</HI> Rent Charge, and bearing the Fourth Part of the Charges: And,</P>
<P>By a &s;eparate Article of the &s;ame Date, It was further Agreed between them, that if the Two <HI>Anthonies</HI> &s;hould not find them&s;elves able to proceed in their Bargain with Sir <HI>Thomas Englefield;</HI> That then <HI>Smith</HI> paying the &s;aid 400 <HI>l.</HI> and &s;ettling the &s;aid 200 <HI>l. per Annum</HI> Rent Charge, and bearing all Charges at Law, and paying the Two <HI>Anthonies</HI> 500 <HI>l.</HI> more, &s;hould have one Moiety of the <HI>Wilt&s;hire</HI> E&s;tate to him and his Heirs.</P>
<P>Sir <HI>Robert Howard</HI> having married the Lady <HI>Hmora,</HI>
<NOTE PLACE="marg">20 <HI>October,</HI> 1665.</NOTE> who was Tenant for Life of the <HI>Wilt&s;hire</HI> E&s;tate, and being de&s;irous to Purcha&s;e the Rever&s;ion, offers Sir <HI>Thomas Englefield</HI> for it an Annuity of 1000 <HI>l. per Annum</HI> during his Life, or 8000 <HI>l.</HI> in ready Money, which he plea&s;ed: But Sir <HI>Thomas</HI> having Conveyed it to the Two <HI>Anthonies,</HI> could do no|thing without them, and was fain to accept of the hard Terms following, <HI>viz.</HI> By Articles Tripartite, Date 20. <HI>October</HI> 1665. It was agreed, 1. That Sir <HI>Thomas Englefield</HI> and the Two <HI>Anthonies</HI> &s;hould Convey the Rever&s;ion of the <HI>Wilt&s;hire</HI> E&s;tate to Sir <HI>Robert Howard</HI> and his Heirs. 2. That Sir <HI>Robert Howard</HI> &s;hould pay Sir <HI>Thomas Englefield</HI> 1000 <HI>l.</HI> in Money, and an Annuity of 400 <HI>l. per Annum</HI> for his Life, while he had no I&s;&s;ue of his Body; but if he &s;hould have any, then the 400 <HI>l. per Annum</HI> to be paid to the Two <HI>An|thonies.</HI> 3. That Sir <HI>Robert</HI> &s;hould pay to the Two <HI>Anthonies</HI> 2500 <HI>l.</HI> for their &s;hares. 4. And &s;hould &s;ave the Two <HI>Anthonies</HI> harmle&s;s again&s;t <HI>Smith,</HI> and pay him the 50 <HI>l.</HI> they had of him. 5. By the &s;ame Articles Sir <HI>Thomas Englefield,</HI> in Con&s;ideration of a Rent Charge of 400 <HI>l. per Annum,</HI> to be &s;ettled on him by the Two <HI>Anthonies,</HI> to Commence after the Death of Dame <HI>Winifred Englefield,</HI> and to continue while he had no I&s;&s;ue of his Body, Covenanted to Convey the &s;aid Manors in <HI>Leice&s;ter&s;hire</HI> (being the Manors now in que&s;tion) to the Two <HI>Anthonies</HI> and their Heirs for ever: And the <HI>Wile&s;hire</HI> E&s;tate was afterwards Conveyed to Sir <HI>Robert Howard</HI> accordingly, whereby <HI>Smith</HI> was defeated of the Reward he expected.</P>
<P>By this purcha&s;e, the Two <HI>Anthonies</HI> had not only the &s;aid 2500 <HI>l.</HI> but a Pre&s;ent of 1000 <HI>l.</HI> more, and an Annuity of 400 <HI>l. per Annum</HI> during Sir <HI>Thomas</HI> his Life, in ca&s;e he had any I&s;&s;ue of his Body, and all this clearly without laying out one Peny for it, as afterwards appears by the Confe&s;&s;ion of <HI>Anthony</HI> the Father upon his Oath, in An&s;wer to a Bill Exhi|bited again&s;t him and his Son in Chancery by <HI>Smith, viz.</HI> That the 200 <HI>l.</HI> acknowledged by Sir <HI>Thomas Englefield</HI> in the &s;aid Articles, Dated 18. <HI>Sept.</HI> 1665. to be paid him by the Two <HI>Anthonies,</HI> or any Part thereof was never paid him.</P>
<P>As to the &s;aid Manors in <HI>Leice&s;ter&s;hire</HI> (which is the E&s;tate in que&s;tion) Sir <HI>Thomas Englefield,</HI> in pur&s;uance of the &s;aid Tripartite Articles by his Lea&s;e dated 20 <HI>October</HI> 1665. and Relea&s;e dated 21 <HI>October</HI> 1665. Conveys the &s;aid <HI>Leice&s;ter&s;hire</HI> E&s;tate to the Two <HI>Anthonies,</HI> and their Heirs for ever, and Covenants to levy a Fine thereof to the &s;ame u&s;es; which Fine was afterwards levyed accordingly. And afterwards the Two <HI>Anthories</HI> granted to Sir <HI>Thomas Englefield</HI> an Annuity or Rent-Charge of 500 <HI>l. perAnnum,</HI> to the i&s;&s;uing out of the <HI>Leice&s;ter&s;hire</HI> E&s;tate for his Life, from the Decea&s;e of Dame <HI>Winified Englefield,</HI> and not before, and to continue only while Sir <HI>Thomas</HI> had no I&s;&s;ue of his Body.</P>
<P>Dame <HI>Winifred Englefield,</HI> Tenant for Life of the <HI>Leice&s;ter&s;hire</HI> E&s;tate, before the birth of Sir <HI>Charles Englefield,</HI> joyns with the Two <HI>Anthony Englefields</HI> in a Fine and Recovery, to bar the Intail, and dock the Remainders, to the end to defeat the Remainders in Contingency, limited to the Sons of the &s;aid Sir <HI>Thomas Englefield,</HI> there being no Tru&s;tees in the &s;aid Indenture of 19 <HI>Junii</HI> 8 <HI>Car.</HI> 1. to pre&s;erve contingent Remainders.</P>
<P>Sir <HI>Thomas Englefield</HI> Intermarries with Dame <HI>Mary</HI> his now Widow and Relict,
<MILESTONE UNIT="Bill."> and hath I&s;&s;ue by her Sir <HI>Charles Englefield,</HI> the now Defendant, and dies.</P>
<P>Sir <HI>Charles Englefield</HI> in 1681. Exhibits his Bill in Chancery again&s;t <HI>Anthony Englefield</HI> the Son (<HI>Anthony</HI> the Father being then dead) for the <HI>Leice&s;ter&s;hire</HI> E&s;tate, praying to be Relieved again&s;t the palpable Fraud and Circumvention of the Two <HI>Anthonies,</HI> in getting the &s;aid E&s;tate from his Father, and that he might be re&s;tored to it, and enjoy it according to the &s;aid Settlement of 19 <HI>Junii,</HI> 8 <HI>Car.</HI> 1. made by Sir <HI>Francis Englefield</HI> his Uncle.</P>
<P><HI>Anthony Englefield</HI> in his An&s;wer (among other things) in&s;i&s;ts,
<MILESTONE UNIT="An&s;wer."> that one of the Con&s;iderations for Sir <HI>Thomas Englefields</HI> Conveying the <HI>Leice&s;ter&s;hire</HI> E&s;tate to him and his Father, and their Heirs, was, That notwith&s;tanding Sir <HI>Thomas</HI> had ab&s;olutely conveyed the <HI>Wilt&s;hire</HI> E&s;tate to them, yet they &s;uffered him to Join with them in the Sale thereof, to Sir <HI>Ro|bert Howard,</HI> who gave him more for the &s;ame, then they were to have done.</P>
<P>But upon hearing of the Cau&s;e, and reading the afore&s;aid Deeds,
<MILESTONE UNIT="Decree."> Articles and Conveyances, and &s;everal others, and a long Debate (all which took up &s;everal days) the Court Declared, that it fully appeared, That the Two <HI>Anthonies</HI> had gotten the &s;aid <HI>Leice&s;ter&s;hire</HI> E&s;tate from Sir <HI>Thomas Englefield</HI> by Fraud Practice, and Circumvention: And therefore Decreed 6 <HI>Aprilis Anno</HI> 3 <HI>Jac.</HI> 2. That all Conveyances by him Executed to the &s;aid Two <HI>Anthonies</HI> ought to be &s;et a&s;ide; And that Po&s;&s;e&s;&s;ion of the &s;aid <HI>Leice&s;ter&s;hire</HI> E&s;tate, and all Deeds and Writings concerning the &s;ame, &s;hould be delivered up to Sir <HI>Charles Englefield:</HI> And that <HI>Anthony</HI> &s;hould Convey the &s;aid E&s;tate to Sir <HI>Charles,</HI> and the Heirs Males of his Body, with &s;uch Remainders over as are limited in the &s;aid Indenture of 19 <HI>Jun<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"></HI> 8 <HI>Car.</HI> 1. free from all Incumbrances. And Sir <HI>Charles</HI> and the Heirs Males of his Body &s;hould quietly enjoy the Premi&s;&s;es again&s;t <HI>Anthony Englefield,</HI> and all Claiming under him. And that <HI>Anthony Englefield</HI> &s;hould Account for the Profits.</P>
<P>The Two <HI>Anthonies</HI> received the Profits for above Sixteen years,
<MILESTONE UNIT="Note."> which (at 1500 <HI>l. per Annum</HI>) amounts to 24000 <HI>l.</HI> and upwards.</P>
<P>By Virtue of which Decree, the Defendent Sir <HI>Charles Englefield</HI> hath been in Po&s;&s;e&s;&s;ion of the <HI>Leice&s;ter&s;hire</HI> E&s;tate for about Five years la&s;t pa&s;t: And in pur&s;uance of an Agree|ment before his Marriage, and in Con&s;ideration of 3000 <HI>l.</HI> Portion with Dame <HI>Su&s;anna</HI> his Wife, hath made a Settlement of the Third Part of the &s;aid E&s;tate upon the &s;aid Dame <HI>Su&s;anna</HI> for her Joynture, with Remainders to the I&s;&s;ue of their Bodies in Tail, and &s;everal Remainders over, and hath levied Fines, and &s;uffered Recoveries thereof.</P>
<P>But the &s;aid <HI>Anthony Englefield</HI> hath utterly refu&s;ed to yield Obedience to any part of the &s;aid Decree, except the Po&s;&s;e&s;&s;ion, and hath retired into <HI>France.</HI> And his Agents here have put in an Appeal in his Name to the Right Honourable the Hou&s;e of Peers, from the &s;aid Decree.</P>
<P>Now how little Rea&s;on the Plaintiff, <HI>Anthony Englefield</HI> hath to in&s;i&s;t upon his and his Fathers letting in Sir <HI>Thomas Englefield</HI> to receive &s;ome of the Purcha&s;e-Money of the <HI>Wil<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">|&s;hire</HI> E&s;tate, as a Con&s;ideration for his Conveying to them the <HI>Leice&s;ter&s;hire</HI> E&s;tate, is manife&s;t; the Plaintiff endeavouring to ju&s;tifie one Fraud by another: For</P>
<P N="1">They got from him a Conveyance of the <HI>Wili&s;hire</HI> E&s;tate (being 2500 <HI>l. per Annum</HI>) for an incon&s;iderable matter, <HI>viz.</HI> 600 <HI>l.</HI> in ready Money, and an Annuity of 200 <HI>l.</HI> for his Life.</P>
<P N="2">Not one peny of this 600 <HI>l.</HI> was ever paid him, and yet they prevailed with him to acknowledge he had received 200 <HI>l.</HI> of it.</P>
<P N="3">The 200 <HI>l. per Annum</HI> for his Life was under a Condition or Limitation to continue no longer then Sir <HI>Thomas</HI> remained unmarried; which was of a wicked pro&s;pect, to re&s;train him from Marriage, that he might have no Son to call them to an After-reckoning.</P>
<P N="4">They Confe&s;s afterwards, That though they had gotten Sir <HI>Thomas</HI> to Convey his <HI>Wilt&s;hire</HI> E&s;tate to them for 600 <HI>l.</HI> and 200 <HI>l. per Annum</HI> Annuity, yet they were not able to Pay the one, or Settle the other.</P>
<P N="5">Their &s;haring the Spoil with <HI>Smith,</HI> and the indirect Tran&s;actions they had with each other, plainly &s;hews the Confederacy between them all to cheat Sir <HI>Thomas Englefield.</HI></P>
<P>So that what the Plaintiff in&s;i&s;ts on in his An&s;wer for a Con&s;ideration why they &s;hould de&s;eat Sir <HI>Thomas Englefield,</HI> and his I&s;&s;ue, of the <HI>Leice&s;ter&s;hire</HI> E&s;tate, amounts to no more then this, That becau&s;e they had Defrauded him only of the be&s;t part of the Purcha&s;e-Money for the <HI>Wilt&s;hire</HI> E&s;tate, and not of all of it, he &s;hould give them 1500 <HI>l. per Annum</HI> more in <HI>Leice&s;ter&s;hire</HI> for their dealing with him no wor&s;e.</P>
<P>And as to the other Con&s;ideration of Sir <HI>Thomas Englefields</HI> Conveyance to the Two <HI>Anthonies</HI> of the <HI>Leice&s;ter&s;hire</HI> E&s;tate, <HI>viz.</HI> The Settling an Annuity on him of 500 <HI>l. per Annum</HI> during his Life, after the Death of Dame <HI>Winifred Englefield,</HI> It was a clear Fraud put upon him, and no Confideration for him to give them the E&s;tate; for Sir <HI>Thomas</HI> (be|&s;ides the &s;ame wicked pro&s;pect to re&s;train Sir <HI>Thomas</HI> from Marriage, as in the Ca&s;e of the <HI>Wile&s;hire</HI> E&s;tate) was to have nothing till the Death of Dame <HI>Winifred,</HI> and after her Death his 500 <HI>l. per Annum</HI> was to be paid out of his E&s;tate of 1500 <HI>l.</HI> and the Two <HI>Anthonies</HI> were to have the re&s;idue during his Life, and the whole after his Death for nothing.</P>
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