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<DATE>2012-08-20</DATE>
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<NAME>Pip Willcox</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch Z120713.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="OX" ID="B08641">
<STC T="W">C967A</STC>
<STC T="C">R173545</STC>
<BIBNO T="oclc">[ocm]61296896</BIBNO>
<VID>180482</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="case">
<PB REF="1" MS="y">
<HEAD>The Ca&s;e of Reginald Tucker, Defendant, At the Pro&s;ecution of <HI>William Hall</HI> E&s;q; Coun&s;ellor at Law, but in the Name of his Maje&s;ty.</HEAD>
<P><MILESTONE N="1685"><HI>REGINALD T&V;CKER</HI> being charged with High Trea&s;on, for being with the late Duke of <HI>Monmouth</HI> in the We&s;t; one Sir <HI>Theo|philus Oglethorp,</HI> before he was Convicted, obtained from the late King <HI>James</HI> a private Grant of all his E&s;tate, Real and Per|&s;onal, which might occa&s;ion the Pro&s;ecution again&s;t his Life to be the more Violent.</P>
<P><MILESTONE N="Octob. 1685."> The Defendant ab&s;conding him&s;elf in the County of <HI>Somer&s;et,</HI> &s;ent up his Wife to <HI>London,</HI> to &s;olicit for his Pardon before he was taken: But one <HI>Vaughan</HI> by contrivance, in&s;inuating him&s;elf into her Company, per&s;waded her to marry him; which he told her &s;he might lawfully do, tho her Husband was &s;till alive, in regard he being guilty of High Trea&s;on, was a dead Per&s;on in Law: And this Defen|dant's Wife being prevailed on, by the Artifices of <HI>Vaughan</HI> and his Confederates, was actually married to the &s;aid <HI>Vaughan;</HI> by which means the Defendant was di&s;appointed of getting his Pardon, and &s;he died in great Contrition.</P>
<P>Mr. <HI>Hall</HI> knowing this Defendant to be charged in K. <HI>James</HI>'s Proclamation with High Trea&s;on, contriv'd how to get his E&s;tate; and in order thereunto fir&s;t procur'd the A&s;&s;ignment of a Mortgage on part of this Defendant's E&s;tate.</P>
<P><MILESTONE N="Aug. 1686."> The Defendant coming up to <HI>London</HI> in order to go for <HI>Holland,</HI> was taken and carried to <HI>Newgate:</HI> Mr. <HI>Hall</HI> having notice of it, came to him, which was the fir&s;t time this Defendant ever &s;aw him, and pretended to get this Defendant's Pardon, but intended rather to get his E&s;tate; and in order thereunto, &s;oon after procured the A&s;&s;ignment of another Mortgage, that was on another Part of this Defendant's E&s;tate, the better to &s;crew him&s;elf by degrees into the Whole.</P>
<P><MILESTONE N="21 March, 1686."> This Defendant having been &s;ome time before removed from <HI>Newgate</HI> to <HI>Wells</HI> in <HI>Somer&s;et&s;hire,</HI> was there tried for High Trea&s;on, and condem|ned to die.</P>
<P><MILESTONE N="July 1688."> Mr. <HI>Hall</HI> taking Advantage of the mi&s;erable Condition of this Defendant, having gotten hold of Part, and de&s;igning to &s;wallow up the re&s;t of his E&s;tate, came from <HI>London</HI> with one <HI>John Barnard</HI> an Attorney, to the Defendant then in <HI>Somer&s;et&s;hire,</HI> and mightily pre&s;&s;ed him to relea&s;<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"> his Claim to his E&s;tate, promi&s;ing him a great Place at <HI>Whitehall.</HI> But this Defendant's E&s;tate being lawfully de&s;cended to him from his Ance|&s;tors, and having Children of his own, he refu&s;ed to comply, and begg'd Mr. <HI>Hall</HI> not to meddle with his E&s;tate, telling him, he was re&s;olv'd never to part with his Right, th&ocirc; to &s;ave his Life. And this Defendant told him further, that if he &s;hould get it in this manner, it would never pro&s;per with him: Upon which Mr. <HI>Hall</HI> was angry, and threatned it &s;hould fare the wor&s;e with this Defendant. And th&ocirc; the Defendant had declared he would not part with his Right, yet Mr. <HI>Hall</HI> went on with his De&s;ign, and gave Sir <HI>Theophilus</HI> about 600 <ABBR><HI>l.</HI></ABBR> for this Defendant's E&s;tate, which was really worth above 6000 <ABBR><HI>l.</HI></ABBR> including the two Mortgages.</P>
<P>According to the &s;aid Threats, it did fare the wor&s;e with this Defendant; for thereupon Sir <HI>Theophilus</HI> wrote a Letter to the Defendant, ac|quainting him, that if he did not confirm Mr. <HI>Hall</HI>'s Purcha&s;e, he &s;hould certainly be hang'd And <HI>William Penn</HI> who procured this Defendant's Reprieve during Plea&s;ure, wrote another Letter to him, that if he did not comply with Mr. <HI>Hall,</HI> it was &s;uppo&s;ed King <HI>James</HI> would be prevailed on to give order for his Execution, Mr. <HI>Hall</HI> intending to fright this Defendant, either out of his Life or E&s;tate: But the Defendant, notwith|&s;tanding he was kept by Mr. <HI>Hall</HI>'s Contrivance under the continual Apprehen&s;ions of Death to terrify him into a Compliance, &s;till refu&s;ed to part with his E&s;tate: Whereupon he was kept clo&s;er Pri&s;oner than before, and endured greater Hard&s;hips than ever; and remained under tho&s;e Severities and frequent Menaces of being hang'd, till his pre&s;ent Maje&s;ty landed in the We&s;t, at which time he was delivered out of Goal.</P>
<P>During all this time the Defendant and his Family were under the utmo&s;t extremity of Want: Mr. <HI>Hall</HI> who all along received the Profits of the Defendant's E&s;tate, th&ocirc; often applied to, yet could not be prevail'd upon to contribute one Farthing towards their Relief, in&s;omuch that his poor Children mu&s;t have been &s;tarved, had they not been maintained, as they were, by the Alms of the Pari&s;h of <HI>Long-Sutton,</HI> where part of the Defendant's E&s;tate lay.</P>
<P><MILESTONE N="1689"> The Defendant being advi&s;ed to bring a Writ of Error to rever&s;e his Attainder as the mo&s;t proper Remedy, in order thereunto he di|ligently &s;earched for the Record of his Attainder in the Crown-Office, that he might get a Copy thereof; but the &s;ame was not then filed up|on Record in the Court as it ought to have been, but was kept privately in Mr. <HI>Hall</HI>'s Cu&s;tody. At la&s;t it was brought into the Office, and filed in <HI>June</HI> 1689, and not before, which was between two and three Years after the Conviction, which this Defendant is advi&s;ed to be a ve|ry foul practice. Having at la&s;t procured a Copy of the Record, he was advi&s;ed by his Coun&s;el, there were above twenty manife&s;t Errors there|in; one of which was, that the Judgment was not awarded in the Form the Law directs in Ca&s;es of High Trea&s;on, for the <HI>cutting off the Privy Members</HI> was omitted. Another Error was, that the Indictment did not conclude as it ought by Law, the&s;e words, <HI>again&s;t the Duty of his All<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">|giance,</HI> being omitted; be&s;ides &s;everal other manife&s;t Errors, too long to be here in&s;erted.</P>
<P><MILESTONE N="1690"> The Defendant pro&s;ecuted a Writ of Error, in order to rever&s;e the &s;aid Attainder; which was directed to the Judges of the <HI>Kings-Bench</HI> but he at that time being in a very low Condition, and having been too &s;en&s;ible of the Strength of his Adver&s;aries, dur&s;t not &s;tir in it till <HI>Mi|chelmas</HI> Term 1692.
<MILESTONE N="1692"> And then being encouraged by the promi&s;ed A&s;&s;i&s;tance of &s;ome Friends, he re&s;olved to proceed; and in <HI>Hilary</HI> Term 1692, &s;everal of the &s;aid Errors were argued by his Coun&s;el at the Kings-Bench Bar:
<MILESTONE N="1693"> And the next Term after <HI>(viz.)</HI> in <HI>Ea&s;ter</HI> Term 1693. the whole Court was of Opinion the Attainder ought to be rever&s;ed.</P>
<P><MILESTONE N="1694"> But the next Day Mr. <HI>Hall</HI> moved the Court to have the &s;ame argued again: Upon which the Errors in the &s;aid Record were again argued by Coun&s;el on both &s;ides, for four Terms more &s;ucce&s;&s;ively, that the Matter might be the more throughly con&s;idered; and in <HI>Ea&s;ter</HI> Term 1694, all the four Judges of that Court, after a long examination of &s;everal Records and Precedents, and after mature deliberation, gave their &s;olemn Opi|nions in Court, one after another, <HI>&s;eriatim,</HI> that the Attainder &s;hould be rever&s;ed, and that the Defendant &s;hould be re&s;tored to all that he had lo&s;t thereby; and each of the Judges gave &s;everally the Rea&s;ons of their Opinion in open Court.</P>
<P>It is alledged, that the Defendant made a Mortgage of part of his E&s;tate by the Name of Son and Heir, he being but the younger Son. To which 'tis an&s;wered, his Father &s;ettled the E&s;tate on the Defendant and his Heirs for ever; and the Defendant kept his elder Brother many Years at his Dwellings in <HI>London</HI> and in the Country, who died a Lunatick and a Batchelor before the Defendant's Conviction.</P>
<P>It is pretended by Mr. <HI>Hall,</HI> that he purcha&s;ed the King's Title for a valuable Con&s;ideration, and thereby pre&s;erved his Mortgages, and al&s;o &s;ecured the Defendant's Life. To this it may be an&s;wered, that he purcha&s;ed a defeazable Title, and mu&s;t run the &s;ame Hazard as the Purcha&s;er of a mortgaged E&s;tate does; for by the Rever&s;al of the Attainder, the King's Title fails as much as the Purcha&s;er's does in the other Ca&s;e by the Entry of the Mortgagee: Then the Con&s;ideration cannot in &s;trictne&s;s of Rea&s;on be &s;aid to be valuable, it being but 600 <ABBR><HI>l.</HI></ABBR> for an Intere&s;t worth 6000 <ABBR><HI>l.</HI></ABBR> and the Rea&s;on why Mr. <HI>Hall</HI> gave &s;o &s;mall a Con&s;ideration for it, was, becau&s;e of the Hazard he was to run in ca&s;e the Attainder &s;hould be rever&s;ed, in regard the Defendant could not be per&s;waded to relea&s;e his Claim.</P>
<P>Then the Mortgagees were never in danger by the King's Title; for the Lands, whether in the Hands of the King or Subject, mu&s;t &s;till be lia|ble to the Mortgages, which were made precedent to the Attainder: and then how he &s;aved the Defendant's Life, will appear from the Ca&s;e above.</P>
<P>The Defendant finding an Inqui&s;ition of his E&s;tate returned into the Exchequer, hath &s;ince &s;ued out the <HI>amoveas Manus;</HI> &s;o that now his E&s;tate is out of the King's Hands.</P>
<P>The Defendant humbly prays your Lord&s;hips to affirm the Rever&s;al of his Attainder, as well for the &s;ake of Ju&s;tice and Right, as in compa&s;&s;ion to his Six poor Children.</P>
</DIV1>
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<BACK>
<DIV1 TYPE="docket title">
<PB REF="2">
<P><HI>Reginald Tucker</HI>'s CASE: To be heard at the Bar of the Hou&s;e of Lords, on Monday the 21&s;t of <HI>January,</HI> 1694/5.</P>
</DIV1>
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