The case of Mr. Wyndham, on his appeal to the Right Honorable the Lords spiritual and temporal in this present Parliament assembled, from a dismission and decree made by the late Lord chancellor Jefferys in the Court of Chancery This text is an enriched version of the TCP digital transcription B08639 of text R173541 in the English Short Title Catalog (Wing C959A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 B08639 Wing C959A ESTC R173541 64551033 ocm 64551033 184420 2240883864

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 Early English books online. (EEBO-TCP ; phase 2, no. B08639) Transcribed from: (Early English Books Online ; image set 184420) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2863:27) The case of Mr. Wyndham, on his appeal to the Right Honorable the Lords spiritual and temporal in this present Parliament assembled, from a dismission and decree made by the late Lord chancellor Jefferys in the Court of Chancery England and Wales. Parliament. 1 sheet ([2] p.). s.n., [London? : after 1688] Caption title. Place and date of publication suggested by Wing (2nd ed.). Reproduction of original in: British Library. eng Wyndham, Edmund, fl. 1688 -- Trials, litigation, etc. England and Wales. -- Court of Chancery. Election law -- Engalnd -- Early works to 1800. Elections -- England -- Early works to 1800. Broadsides -- England -- 17th century. eebo Edmund Wyndham, Esq; pl. Dame Anne Wyndham, widow, def. The case of Mr. Wyndham, on his appeal to the Right Honorable the Lords Spiritual and Temporal Wyndham, Edmund, 1688 3 1050 1 0 0 0 0 0 9.52 B The rate of 9.52 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2012-06 Assigned for keying and markup 2012-07 Keyed and coded from ProQuest page images 2012-10 Sampled and proofread 2012-10 Text and markup reviewed and edited 2013-02 Batch review (QC) and XML conversion
The Case Of Mr. Wyndham , on his Appeal to the Right Honorable the Lords Spiritual and Temporal in this present Parliament Assembled , from a Dismission and Decree made by the late Lord Chancellor Jefferys in the Court of Chancery . Edmund Wyndham , Esq ; Pl. Dame Anne Wyndham , Widow , Def.

IN 1647. Sir Edmund Wyndham and Sir Hugh Wyndham both deceased , the Appellants Grandfather and Father morgaged divers Lands to one Edward Hyde , Esq ; in trust for Sir Francis Wyndham , Brother of Sir Edmund , under a Proviso that if Sir Edmund , or Sir Hugh Wyndham , or either of their Heirs , should within Ten Years after the Date of the Deed pay Sir Francis Wyndham 1800 l. with Interest , and indemnify him and his Heirs for all Engagements he then stood Bound , or should become Bound for the said Sir Edmund and Sir Hugh Wyndham , the Deed was to be void .

That soon after the making of the Mortgage Sir Edmund went with his late Majesty King Charles the Second beyond Sea , and Sir Hugh was imprisoned for Loyalty , being obnoxious to the late Usurped Powers ; and Sir Francis Wyndham was immediately impowered to sell any part of the Mortgaged Estate to discharge his Debt , and intrusted by Sir Edmund to receive the Rents and Profits of all other his Lands and Estate to hasten the Payment thereof : And Sir Francis , by such Sales and receipt of Profits , raised his whole Debt in a short Time after the Mortgage ; and Sir Edmund Wyndham returned not into England till the Restauration of his late Majesty , and then Sir Francis Wyndham was a Member of Parliament and Privileged ; but their were several References and Treaties between Sir Edmund and Sir Francis , in relation to the Mortgage , but no end was made before their Deaths ; and Sir Edmund and Sir Hugh Wyndham being dead , the Appellant as their Heir claims the benefit of the Equity of Redemption ; and the Defendant as Executrix of Sir Francis Wyndham claims what remains unfold of the Mortgaged Estate , and the Appellant's Suit in Chancery was to redeem the Estate , and have an account of the Monies raised towards the satisfaction thereof , and to avoid the same the Defendant pleaded the Statute of Limitation of Actions , and a pretended stated Account to be made up by and between Sir Edmund and Sir Francis Wyndham , and a Release of the Equity of Redemption ; and though Sir Hugh Wyndham were then living , yet was made no party or any wise privy thereto , and by that pretended account there was due in 1664. or 1665. 2912 l. 16 s. and the Defendant brought her Bill against the Appellant , to redeem according to that Account , or be Foreclosed of the Equity of Redemption .

22 Nov. 3 Jac. 2. Both Causes were heard before the Lord Chancellor Jefferys , who dismissed the Appellants Bill with Costs ; and upon the Defendants cross Bill decreed the Appellant to redeem the Mortgaged Premisses upon the Foot of the pretended Account , by payment of 2912 l. 16 s. with Interest and Costs , or be Foreclosed of the Equity of Redemption ; from which Di●mission and Decree the Appellant appeals , as being both Unjust and Unreasonable .

First , For that the pretended stated Account was not ever fully Stated or Allowed , as such , either by the Appellants Grandfather or Father ; but , on the contrary , was objected against as Erroneous , as appears by a Subscription thereto and Under-written , which the Defendant concealed , and did not set forth by her Plea or Answer in Chancery .

Secondly , There is omitted out of the Receipts of Sir Francis Wyndham , and in the Account , 952 l. principle Money , and for which no Credit is given by the Account .

Thirdly , The Plantiffs Grandfather is by the Account charged with an Estate of Sir Francis Wyndham , pretended to be sold by him to pay the Debt secured by the Mortgage 1245 l. principle Money , which is fully proved to be sold but for 860 l. and so is by the pretended Account overcharged with 340 l. principle Money ; and Interest upon Interest for the same , from 1655. to 1665.

Fourthly , The said Sir Francis Wyndham chargeth himself by the said Account but with 500 l. received of one Mr. Lacy upon Sale of the Mortgaged Premisses , whenas it is fully proved he received 570 l. So that the 70 l. and Interest thereof ever since 1649. is omitted out of the Account .

The whole Account throughout is made up and charged with Interest upon Interest , and for part of the purchase Money made by Sale of part of the Mortgaged Premisses , and which were sold in 1649. the Mortgagors by the Account had no Credit or Allowance for the same till 1660 , and yet in the mean time are charged with Interest upon Interest by the Account , in which there are many Omissions , Errors , and Over-charges , to the value of above 2000 l. and the principle Debt mentioned in the Mortgage was but 1800 l. and within Two Years after the Mortgage Sir Francis Wyndham made by Sales of the Mortgaged Estate above 2000 l. besides the 952 l. received by Profits , omitted to be charged in his Receipts ; and he , and the Defendant , have besides kept near a 100 l. per Annum of the morgaged Estate ever since ; and yet 't is pretended there is still due near 3000 l. on the Mortgage besides Interest , whenas on a just Account the Mortgage will appear over-paid : And on the whole Matter the Appellant humbly prays only to proceed to a Fair Account ; and if any Thing shall appear thereon Due is ready to pay the same to the Defendant , upon reconveying of the Mortgaged Estate .