The case of Sir Philip Warwick respondant, to the appeal of Sir Oliver Boteler, bar appellant This text is an enriched version of the TCP digital transcription B08644 of text R175668 in the English Short Title Catalog (Wing C997A). 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. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 B08644 Wing C997A ESTC R175668 61296898 ocm 61296898 180483 2248523497

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 Early English books online. (EEBO-TCP ; phase 2, no. B08644) Transcribed from: (Early English Books Online ; image set 180483) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2831:16) The case of Sir Philip Warwick respondant, to the appeal of Sir Oliver Boteler, bar appellant 1 sheet ([1] p.). s.n., [S.l. : 1694?] Caption title. Date of publication suggested by Wing (2nd ed.). Reproduction of original in: Bodleian Library. eng Boteler, Oliver, -- Sir -- Trials, litigation ,etc. Warwick, Philip, -- Sir -- Trials, litigation, etc. Executors and administrators -- England -- Early works to 1800. Broadsides -- 17th century. eebo The case of Sir Philip Warwick respondent, to the appeal of Sir Oliver Boteler, Bar[one]t. appellent. Warwick, Philip, Sir, 1674 1 952 1 0 0 0 0 0 10.5 C The rate of 10.5 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 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 Sir Philip Warwick Respondent , To the Appeal of Sir Oliver Boteler , Bart. Appellant .

SIR William Boteler , Sir Oliver's late Father , did by his Last Will , ( about the Year of Our LORD 1644. ) bequeath and appoint 600 l. to be raised out of his Lease of Sutton , which he held of his late Majesty , and , whereof there was then about Ten years to come ; ( but the Lease under Sequestration for Two whole years after : ) And with the said 600 l. so to be raised , to pay and settle 30 l. per annum to and upon Mr. Bolton the Vicar of Sharnbrook , and his Successors for ever .

The said Sir William died in the said year 1644. being slain in his late Majesties Service , at Cropredy-Bridge , leaving his Estate under Sequestration to the then Powers . Besides , his Estate was then indebted 3500 l. At which time Sir Oliver the Appellant was an Infant of about 11 years of Age.

His Estate being thus incumbred , none of the Six Executors named in his Will would intermeddle , besides his Widdow and Relict the Lady Boteler .

The said Lady Bot●ler his Relict , till about 1667 , when she Married the said Sir Phillip , And then the said Sir Philip and his wife the said Lady did mannage the whole Estate for the Benefit of Sir Oliver , and applied the whole Rents and Profits , as well the Rents and Profits of Sutton Lease , as of the rest of the Estate ( Charged with the said Ladies Dower and other Annuities ) for the compounding the said Sequestration , and paying of the said 3500 l. Debt and Interest , and Maintenance for Sir Oliver ; and for paiment of the said 30l . per annum , and other Duties charged upon the Estate .

Sir Philip and his Lady , after a long Solicitation and great Charges , procured the Composition of the said Sequestration . ( Which was set at 10400 l. And a 5th and 20th parts set at 1600 l. amounting in all to 12000 l. ) to be reduced to 3000 l. which was raised and paid by the said Sir Philip Warwick and his Lady : Sir Oliver being a Minor , his Estate intail'd ; and they having no Estate of his wherewith to Secure the Re-payment of any Money , saving this Sutton Lease : So that if Sir Oliver had died before he attained his Age , much of the Money would have been lost .

That in the Year of our Lord 1654. Sutton Lease expired , and Sir Oliver then attained his full Age : Soon after which Sir Philip Warwick and his Lady accounted with Sir Oliver for all the Receits out of his fathers said Estate , and for all the Payments for the said Sequestration , and the said Debts and Charges : And then Sir Oliver being well satisfyed with the Management and Disposition of the said Estate , did give Sir Philip Warwick and his Lady a full Discharge and Release ; reciting in the said Discharge , That they had Accompted together concerning All Receipts , Payments and Disbursements whatsoever : And that upon the true stating and making up of the said Account , All Matters and Things concerning the same were made even and clear'd between them : All which the said Sir Oliver did thereby acknowledge and confess .

And from that time took upon himself to pay the said 30 l. per ann . to the said Vicar of Sharnbrook and accordingly paid it from the said year 1654 to the year 1659. And then he made an absolute Settlement of part of his Estate for the payment of the said Annuity of 30 l. per annum to be continued and paid for ever : and accordingly Sir Oliver continued the payment thereof to the year 1674. And Sir Oliver then failing to pay the same

Thereupon Mr. Bolton the Vicar of Sharnbrook , preferr'd an Information in his Majesties Attorney Generals name , against Sir Oliver and Sir Philip Warwick , to be paid the Arrears , and the growing 30 l. per annum ; And the Court of Chancery were clear of Opinion , and decreed Sir Oliver and not Sir Philip Warwick to pay the same .

And the Reason why Sir Oliver Boteler ought to pay the 30 l. per ann . is , in regard the Profits of his Fathers Estate was accounted to him ; And , for that he Released Sir Philip Warwick and paid the 30 l. per annum , for XX years together .

Besides Sir Philip Warwick and his Ladies kindness to Sir Oliver , since the year 1674. are very considerable , ( viz. )

The Ladies abating him a considerable part of her Thirds , for about XX years . The assisting him to obtain a Debt of 1600 l. due to his Father . The giving him an 100 Guinnies . The giving him 400 l. for his Daughter . The giving him a Gold Cup worth 100 l. The giving him a Suit of Hangings worth 100 l. Sir Philip lending him several considerable Summs of Money without Interest . Their maintaining his Eldest Son and his Nurse from his Birth , till he was 8 years old . The Freedom of their House to Entertain Sir Oliver and his Family at all times .