JOHN TVCKER Deceased had two Sons , Andrew a Lunatick , and the now Defendant Reginald , after the Father's Decease Reginald got a Commission for the Custody of his Elder Brother and his Estate , and for divers years concealed him in a Mad-House , and acted as Owner and Proprietor of the whole Estate in his own Right , part whereof was Lease-Hold for Lives , and part Inheritance .

1681. The Defendant surrendred the Lease-Hold Estate , and took a New Lease thereof in his own Name , and then Mortgaged the same to Alice Hinton of Hackney Widow for One Thousand Pounds , she not knowing of Andrew Tucker's Title .

1683. The Defendant , though Younger Brother , and his Elder Brother alive , made a Mortgage of the Estate of Inheritance by the Name of Son and Heir of his Father , to Mr. Kett , and others , for Five Hundred Pounds .

1685. Mrs. Hinton , being by Age and Sickness unable to manage the Estate lying in Somerset-shire , importuned Mr. Hall being her Relation , to take an Assignment of her Mortgage , and she on payment of her Money assigned to him and Mr. Hall entred on the Lease-Hold-Estate , and Sowed the Land , having never heard of Andrew Tucker ; after which , one Grove a Kinsman of the Defendant getting a new Commission of Lunacy and the Custody of Andrew Tucker , entred upon Mr. Hall , and reaped and carried away the Crop of Corn which he had sown to the value of Eighty Five Pounds , but soon after the Lunatick dyed .

March 21. 1686. The Defendant Reginald Brother and Heir of Andrew was Attainted of High Treason .

April 23. 1687. Sir Theophilus Oglethorpe got a Grant from the Crown of the Defendant's Estate , having procured his Reprieve , and paid Ten Pounds to carry it to Wells .

1688. Mr. Hall having been at great loss by Andrew Tucker's Title , and being brought into danger of losing most of his Money , and put to great trouble and expence by the King's Title , and by several Suits both in Law and Equity , his Debt and Interest being near the value of the Lease-Hold , and finding that Mr. Kett had spent above two Hundred Pounds in defence of his Mortgage against the Title of the King and the Lunatick , for his better security , and to save further expence , and prevent an account for the mean profits , was necessitated to buy Sir Theophilus-Oglethorp's Title to both the Estates , and paid him for the same six hundred Guineas , and paid Mr. Kett Eight Hundred Pounds , and paid sixty four pounds for changing the Life of the Defendant's Wife in the Lease-Hold-Estate , she having before the Purchase committed Felony by Marrying a second Husband , and thereby her Life in the Estate in danger to be lost , all which several summs were the full value of both Estates .

1689. Reginald the Defendant Petitioned the House of Commons for leave to bring in a Bill to reverse his Attainder , but the Committee , to whom the Petition was referred , hearing Mr. Hall's Case , who oppos'd it only on account of his said Purchase , and Examining the Defendant if he was guilty of the Treason , did not Report the same to the House , the Defendant's design being to avoid Payment of Mr. Hall's Money , which he hath often offered to accept with his Interest , and to account for the mean Profits , and to Release the Estate , and is now willing so to do after nine years trouble and vexation , and often Soliciting to save the Defendant's life , before he heard of Andrew Tucker .

1692. The Defendant brought a Writ of Error in the King's - Bench to Reverse the said Attainder , and in Easter Term last the same was Revers'd , only because these words Contra ligeantie sue debitum , are not in the Conclusion of the Indictment .

To which it is answered , That the Indictment ( amongst other things ) sets forth that the Defendant Reginald , and one Thomas Place , timorem Dei in cordibus suis non habentes , nec debitum Ligeantiae suae ponderantes , dilectionem ac veram & debitam obedientiam quas veri & fideles subditi Dom. Regis hujus Regni Angliae erga ipsum Regem gererent & de jure gerere tenentur penitus subtrahentes , ac machinantes & totis suis viribus intendentes pacem & tranquilitatem hujus Regni Angliae perturbare , &c. proditorie compassaverunt imaginati fuerunt & intendebant dictum Regem supremum & naturalem dominum suum non solum de Regali statu titulo & Regimine Regni sui Angliae , &c. deprivare & exheriditare verum etiam eundem Dominum Regemad mortem & finalem destructionem adducere & Guerram Rebellionem & Insurrectionem contra Dominum Regem infra hoc Regnum , &c. Levare & Suscitare , & ad easdem proditiones conspirationes & imaginationes suas perimplendum & ad effectum redigendum , &c. ijdem Reginald & Thomas , &c. contra dictum Dominum Regem Supremum verum naturalem & indubitatum Dominum suum cum magna multitudine gentium armatarum , &c. Guerram publicam contra dictum Dominum Regem proditorie , &c. levaverunt , &c. And concludes , contra pacem Domini Regis Coronam & Dignitatem suas , &c. ac contra formam Statuti , &c.

I. And forasmuch as it appears in the body of the Indictment , That the King was the Defendant's Natural Lord , and by Consequence the Defendant his Subject , and the Fact alledged in the Indictment appearing to be High Treason , it is humbly submitted whether it be necessary in the end of the Indictment to repeat the Fact to have been done against the duty of his Allegiance , it being so fully and plainly express'd before in the body of the Indictment to be so .

II. This Indictment is according to a multitude of Presidents of Indictments for High Treason , which are without such Conclusion , the Records whereof are ready to be produced .

III. Many Persons have been Executed on the like Indictments .

IV. The Consequence of such Reversal may be very fatal , for that there are many Estates granted and enjoyed under those Attainders , and if for this Error the Judgment in this Case shall stand Reversed , then may also the Judgments upon those Attainders be for the same Error Reversed , and divers Grantees and Purchasers under the Title of those Attainders be defeated of their Estates , to their utter Ruine .

Wherefore it is humbly submitted to your Lordship's Consideration , and hoped that , for the Reasons aforesaid , the said Judgment of Reversal given in the Court of King's-Bench shall be Reversed by your Lordships .