Roberts's case against Mellish, upon dismission of his appeal, without entring upon the merits of the cause, to be humbly presented to the Lords in Parliament. Roberts, fl. 1683. This text is an enriched version of the TCP digital transcription B29002 of text R227705 in the English Short Title Catalog. 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. 5KB 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 B29002 Wing R1621B Interim Tract Supplement Guide L.R.305.a.7[7] ESTC R227705 ocm99887476

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 Early English books online text creation partnership. (EEBO-TCP ; phase 2, no. B29002) Transcribed from: (Early English Books Online ; image set 190435) Images scanned from microfilm: (Early English books; Tract supplement ; C21:2[36]) Roberts's case against Mellish, upon dismission of his appeal, without entring upon the merits of the cause, to be humbly presented to the Lords in Parliament. Roberts, fl. 1683. 1 sheet ([1] p.). s.n., [London : 1683] Caption title. Imprint from Wing. Imperfect: print faded. Reproduction of original in the British Library.

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 eng Mellish, fl. 1683 -- Early works to 1800. Roberts, fl. 1683 -- Early works to 1800. Debtor and creditor -- England -- Early works to 1800. eebo Roberts's case against Mellish, : upon dismission of his appeal, without entring upon the merits of the cause, to be humbly presented to the Lords in Roberts, active 1683. 1683 2 839 7 0 0 0 0 0 83.43 D The rate of 83.43 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2014-06 Keyed and coded from ProQuest page images 2014-10 Sampled and proofread 2014-10 Text and markup reviewed and edited 2015-03 Batch review (QC) and XML conversion
Roberts's CASE against Mellish , upon dismission of his Appeal , without entring upon the Merits of the Cause , To be Humbly Presented to the Lords in Parliament .

IT being Decreed that Roger Williams , deceas'd , should pay one Mellish 282 l. 14 s . 5 d . and 149 l. Costs of Suit ; whereas instead thereof , Mellish ought to have been Decreed to pay Williams , 481 l. Upon Hearing of Roberts's Appeal from that Decree , Mellish's Counsel alledg'd the Decree Appeal'd from , was a Decree by Consent , and Consented to by Mr. Williams , Brother and Council for the said Roger Williams : whereupon the Appeal was dismissed without Hearing the Merits of the Cause . Afterwards , finding that Mellish by his Answer to the Appeal , had not insisted upon any such Consent . Roberts's Counsel thought it not practicable , to admit any thing at the Hearing of an Appeal , in Barr to the Appeal that was not insisted on by the pleading Precedent to the Hearing , and therefore inter alia , Roberts prayed a Re-hearing upon the single point of Consent , or not Consent , which was ordered accordingly ; yet notwithstanding what was then offer'd by Williams's Counsel , the Petition for the Re-hearing was dismiss'd , without entring into the merits of the Cause ; and Roberts ordered to pay 〈◇〉 Cost , which he hath since paid . Since which Rehearing , the proceedings upon and 〈…〉 r the Decree , have been found , which is hop'd may make it evident there 〈◇〉 no Consent to the Decree but an offer to Perform long after the Decree was 〈◇〉 , to prevent going to Gaol , which Proceedings are as followeth ;

On the 17th of January , 1681 , the Decree Appeal'd from was pronounc'd , at which time , and before the Hearing , the Court was made acquainted , that Sir Robert Sawyer , then Att●rney-General , and the said Roger Williams's Principal Council was absent ; and therefore it was prayed , that the Cause might be put off but for one day , which was denied .

In few days after , a Petition Signed by Council , for a Re-hearing , was presented to the Lord Chancellor , but Rejected , as by Affidavit soon after Fil'd in Chancery , appears .

Afterwards , the 282 l. 14 s . 5 d . Decreed , was demanded of Roger Williams , and he refused to pay it , and therefore was taken upon an Attachment , and after that he had appear'd upon the Attachment , it was referr'd to a Master in Chancery to examine , if the said Roger Williams were in Contempt ; and on the 13th of July 1682 , the Master reported him in Contempt .

After which , Williams took exceptions to that Report of the Contempt , for that amongst other irregularities , there were not 15 Days between the Teste and Return of the Attachment upon which Williams was taken ; which Exceptions came to Hearing the 17th of October 1682. Yet the Court Over-rul'd the Exceptions , so that according to the course of the Chancery , the next Remove for Williams was to Goale , or Comply with the Court : Whereupon Williams's Council pray'd some time for payment of the Money Decreed , and offer'd to pay it within a Month after the Costs should be Tax'd . And on the same day , a Cause upon a Bill of the said Roger Williams against Mellish , praying a new Trial in a Cause wherein Mellish , obtain'd Judgment against Williams for 230 l. upon a Verdict against all the Evidence in the Cause , came to be heard : and the Court being of Opinion it could grant no new Trial , dismiss'd the Bill , and Mellish's Council pressing for Costs , upon that dismission , and urging , by way of aggravation , that Williams had stood in Contempt to the Decree : The Court Declared , That in regard the said Williams's Connsel had offerd to pay the Money decreed , as aforesaid , he should pay no Costs upon the Dismission , if the Money were paid according to the offer ; and the Money was paid within a short time after the time it was promis'd to be paid , and Leave given that day it was paid , to bring in a Bill of Review ; So that the said R●ger Williams was brought under a necessity of going to Geol , or complying with the Court , before the offer of paying the Money Decreed , was made :

Upon all which , the said Roberts Humbly prays your Lordships f●th●r Consideration , whether such an Offer at such a time , ought to be a Barr to an Appeal .