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<DATE>2012-01-06</DATE>
<RESPSTMT>
<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B111110.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B02614">
<STC T="W">C998</STC>
<STC T="C">R170982</STC>
<BIBNO T="oclc">52211935</BIBNO>
<VID>175503</VID>
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<TEXT LANG="eng">
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<DIV1 TYPE="text">
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<HEAD>THE CASE OF S^I^R RICHARD TEMPLE <HI>About the Breach of Privilledge, upon the</HI> REPORT.</HEAD>
<P><MILESTONE N="1st."> IT appears by the Order of the Hou&s;e, refer'd to the Committee of Privilledges, that both Mr. <HI>Palms,</HI> and Sr. <HI>Richard</HI> were equally Complainants again&s;t each other, for a Breach of Privilledge; &s;uppo&s;ed to be committed by their re|&s;pective Agents, Servants, or Tennants; which was to be decided again&s;t either of them, according as the Po&s;&s;e&s;&s;ion &s;hould fall out to be, at the mee|ting of this <HI>Parliament.</HI> Neverthele&s;s at the Hearing, Sr. <HI>Richard</HI>'s Bayliff and Attorney, <HI>(viz.) Thorpe</HI> and <HI>Gallaway,</HI> becau&s;e they were named in his Com|plaint, were rejected: And Mr. <HI>Blackall,</HI> Mr. <HI>Palms</HI>'s Bayliff, who with Twenty Men, made a forcible Entry and Ryot, on Sr. <HI>Richard</HI>'s Po&s;&s;e&s;&s;ion; of which number all the re&s;t of his Witne&s;&s;es were, (tho' equally complained of) admitted.</P>
<P><MILESTONE N="2dly."> It was agreed by Mr. <HI>Palms</HI>'s Council, that Sr. <HI>Richard</HI> had a Morgage of Inhe|ritance upon the <HI>E&s;tate,</HI> which was ready to be produced; and both by Council and Witne&s;&s;es. That he was in quiet Po&s;&s;e&s;&s;ion from <HI>November</HI> 1686. till the Death of Mrs. <HI>Danby</HI> in <HI>June</HI> la&s;t; and had received three half Years Rent before her Death, and all that was in&s;i&s;ted upon, of any change or interuption of that Po&s;&s;e&s;&s;ion, until the Di&s;turbance on the Fourteenth day of <HI>March</HI> la&s;t; was a pretended Attornment by &s;ome of the Tennants, to Mr. <HI>Palms</HI>'s Agent, in <HI>July</HI> and <HI>Augu&s;t</HI> following: But the manner of that Attornment was not other ways prov'd, but by a Paper given in, all Written by one hand, Purporting no more than a promi&s;e of paying their Rent to Mr. <HI>Palms;</HI> but not expre&s;&s;ing that there was any actual Po&s;&s;e&s;&s;ion given upon the Ground, nor have they in the lea&s;t proved, that any of the Tennants (except <HI>Peter Hood</HI>) was in Po&s;&s;e&s;&s;ion of the <HI>Middle Field,</HI> or any part thereof, which was the only <HI>Place</HI> in que&s;tion, after their taking off the Cropp, until the day of the Di&s;turbance; being the Fourteenth of <HI>March</HI> la&s;t, when they entred with Twenty Men and Seven Plows, to Plow it forcibly.</P>
<P><MILESTONE N="3dly."> Sr. <HI>Richard Temple,</HI> hath clearly proved, that none of the Tennants mentioned, to have Attorn'd to Mr. <HI>Palms,</HI> or Rented any part of tho&s;e Lands in Di&s;pute ever &s;ince <HI>Lady</HI> Day 1688. (except <HI>Peter Hood,</HI> afore&s;aid) who took a new Bargain of Lands; laid out by a new allotment, under a new Rent; the four Fields being reduced into three, and that the Old Tennants were di&s;charged at <HI>Martlemas</HI> 1687, to leave at <HI>Lady</HI> Day 16<GAP DESC="illegible" EXTENT="1 letter">8. when their Lea&s;es ended, and did accordingly quietly leave all the Meadow, Pa&s;ture, and Fallow Field; and only had leave to take off their Cropp; af|terwards according to the Cu&s;tome of the place, paying for the Out-&s;tands thereof, and that the new Tennants to whom it was let, quietly enjoyed their Bargains, till the Di&s;turbance which happened the Fourteenth of <HI>March</HI> 1688.</P>
<P><MILESTONE N="4thly."> Take Notice that in their <HI>Reply,</HI> they have declined to maintain the Po&s;&s;e&s;&s;ion to all the re&s;t, but as to <HI>Peter Hood;</HI> and that if the Attornment were good by him, being both an Old Tennant, and a new one, yet as to the other five Tennants, there was a cleare forcible Entry, and Breach of Privilledge committed by Mr. <HI>Palms</HI>'s Agent, upon Sr. <HI>Richard.</HI></P>
<P><MILESTONE N="5thly."> In the next place, Sr. <HI>Richard Temple</HI> doth in&s;i&s;t, that the pretended Attornment of the Old Tennants, who&s;e E&s;tates were determined, was ab&s;olutely Void, and could not change the Po&s;&s;e&s;&s;ion; and likewi&s;e, that the pretended Attornment of <HI>Peter Hood</HI> was Void, for that Mr. <HI>Palms</HI> having no E&s;tate in Law; but an Equity of Redemp|tion, after a Mortgage of Inheritance, is not capable of taking any by Attornment, or acquiring any Po&s;&s;e&s;&s;ion thereby.</P>
<P><HI>La&s;tly,</HI> The di&s;turbance given to <HI>Peter Hood,</HI> was becau&s;e, that, that Field was to have layen Fallow by the new Agreement, which was to the Dammage of the Tennants, nor was there more done, than only to hinder his Plowing there, nor was his Po&s;&s;e&s;&s;ion di&s;turbed in that, nor any of the re&s;t, he Enjoying it quietly to this day.</P>
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