







 
   
     
       
         Richard Pearle gent. plaintiff Sir William Powel alias Hinson Baronet, Dame Mary his wife, & al. defendants.
         Pearle, Richard.
      
       
         
           1665
        
      
       Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2009-03 (EEBO-TCP Phase 1).
         A56798
         Wing P968AA
         ESTC R217884
         99829527
         99829527
         33967
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A56798)
         Transcribed from: (Early English Books Online ; image set 33967)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 1995:24)
      
       
         
           
             Richard Pearle gent. plaintiff Sir William Powel alias Hinson Baronet, Dame Mary his wife, & al. defendants.
             Pearle, Richard.
          
           1 sheet ([1] p.)
           
             s.n.,
             [London :
             1665]
          
           
             Imprint from Wing.
             Cropped at head.
             Reproduction of the original in the Harvard University Library.
          
        
      
    
     
       
         Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
         Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           Powell, William -- Early works to 1800.
           Stirling, Mary Vanlore Alexander, -- Countess of, d. ca. 1660 -- Early works to 1800.
           Pearle, Richard -- Early works to 1800.
           Estates (Law) -- England -- Cases -- Early works to 1800.
        
      
    
     
        2008-04 TCP
        Assigned for keying and markup
      
        2008-06 SPi Global
        Keyed and coded from ProQuest page images
      
        2008-07 Mona Logarbo
        Sampled and proofread
      
        2008-07 Mona Logarbo
        Text and markup reviewed and edited
      
        2008-09 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
           
             Richard
             Pearle
          
           Gent.
           Plaintiff
           ;
           Sir
           
             William
             Powel
          
           alias
           Hinson
           Baronet
           ,
           Dame
           Mary
           his
           Wife
           ,
           
             &
             al.
          
           Defendants
           .
        
         
           ANswers
           to
           the
           Objections
           that
           may
           be
           probably
           made
           ,
           against
           the
           admitting
           the
           Plaintiffs
           Bill
           in
           Parliament
           .
        
         
           
             Ob.
             1.
             
          
           
             The
             Plaintiff
             if
             he
             had
             any
             good
             Title
             ,
             Would
             have
             sought
             for
             Remedy
             long
             since
             ,
             it
             being
             above
             9
             years
             since
             the
             Ideot
          
           John
           Pearle
           ,
           
             his
             elder
             Brother
             ,
             died
          
           .
        
         
           
             Res
             .
          
           1.
           
           Sir
           
             John
             Bridges
          
           ,
           under
           whom
           the
           Defendants
           Claim
           ,
           had
           by
           his
           deserting
           the
           King
           ,
           and
           complying
           with
           the
           late
           usurped
           Powers
           ,
           made
           himself
           so
           powerfull
           an
           Interest
           in
           Herefordshire
           ,
           and
           elsewhere
           ,
           that
           the
           Plaintiff
           had
           enough
           to
           do
           to
           preserve
           his
           person
           ,
           having
           alwayes
           adhered
           to
           the
           Kings
           Interest
           ,
           much
           less
           to
           contest
           then
           with
           so
           powerfull
           a
           man
           ,
           yet
           hath
           alwayes
           made
           his
           Claim
           .
        
         
           2.
           
           Since
           His
           Majesties
           happy
           Restauration
           ,
           the
           Plaintiff
           
             Richard
             Pearle
          
           hath
           alwayes
           endeavoured
           the
           finding
           out
           the
           Records
           of
           the
           Ideory
           ,
           which
           he
           was
           still
           in
           hopes
           to
           do
           ,
           the
           Clerk
           of
           the
           Lunatick
           Office
           ,
           and
           some
           of
           the
           Defendants
           ,
           having
           often
           confessed
           the
           having
           them
           in
           their
           custody
           ;
           but
           he
           believes
           did
           and
           doth
           conceal
           them
           ,
           in
           hopes
           of
           a
           Composition
           ,
           which
           hath
           been
           often
           offered
           to
           the
           Plaintiff
           .
        
         
           
             Ob.
             2.
             
          
           Sir
           John
           Bridges
           
             paid
             a
             valuable
             Consideration
             for
             the
             Estate
             .
          
           Res
           .
           1.
           
           He
           gave
           but
           40
           
             l.
             per
             annum
          
           to
           the
           Ideot
           during
           his
           life
           ,
           who
           had
           the
           sole
           Estate
           in
           him
           :
           And
           what
           he
           gave
           to
           others
           ,
           was
           in
           his
           own
           wrong
           ,
           and
           for
           the
           furthering
           his
           design
           .
        
         
           2.
           
           The
           Estate
           is
           really
           worth
           420
           
             l.
             per
             annum
          
           ;
           the
           Grandfather
           had
           no
           other
           Estate
           ,
           yet
           was
           prick'd
           for
           Sheriff
           of
           the
           County
           .
        
         
           
             Ob.
             3.
             
          
           
             The
             Defendants
             have
             gotten
             a
             Common
             Recovery
             ,
             and
             though
             from
             an
             Ideot
             ,
             (
             yet
             being
             one
             of
             the
             Common
             Assurances
             of
             the
             Nation
             )
             ought
             not
             to
             be
             avoided
             .
          
        
         
           
             Res
             .
          
           Fines
           and
           Recoveries
           obtained
           by
           Design
           ,
           Fraud
           ,
           Force
           ,
           Covin
           ,
           and
           Deceit
           ,
           are
           not
           reckoned
           the
           Common
           Assurances
           of
           the
           Nation
           ,
           and
           therefore
           not
           favoured
           by
           the
           Common
           Law.
           Vide
           Fermors
           Case
           at
           large
           ,
           Co.
           3
           Rep.
           so
           .
           77.
           where
           it
           is
           adjudged
           by
           six
           Justices
           ,
           Litt.
           cap.
           Remitter
           151.
           
             quod
             alias
             bonum
             &
             justumest
             ,
             si
             per
             vim
             vel
             fraudem
             petatur
             malum
             &
             injustum
             est
             .
          
        
         
           And
           there
           is
           a
           late
           Case
           in
           point
           between
           Leveston
           and
           Powel
           in
           both
           Houses
           ,
           where
           a
           Fine
           was
           damned
           because
           it
           was
           obtained
           by
           Force
           ,
           Fraud
           ,
           and
           Covin
           .
        
         
           This
           Case
           is
           accompanied
           with
           more
           Deceit
           ,
           &c.
           than
           the
           Case
           cited
           ,
           or
           any
           of
           the
           Cases
           cited
           in
           our
           Books
           :
           For
           ,
           
             
               1.
               
               Sir
               John
               to
               get
               the
               Ideot
               into
               his
               custody
               ,
               Petitions
               his
               Majesties
               Attorney
               in
               the
               year
               44.
               for
               a
               Commission
               
                 de
                 Ideota
                 inquirendo
              
               ;
               and
               doth
               not
               inform
               him
               ,
               that
               the
               Ideot
               was
               and
               ought
               to
               be
               a
               Ward
               ;
               so
               to
               carry
               on
               his
               design
               ,
               he
               first
               begins
               to
               deceive
               his
               Majesty
               .
            
             
               2.
               
               
                 Francis
                 Rinardes
                 ,
                 Tho.
                 Tomkins
              
               Esquires
               ,
               
                 &
                 al.
              
               Petition
               his
               Majesties
               Attorney
               ,
               informing
               him
               of
               his
               Ward
               ,
               and
               thereupon
               obtain
               a
               Supersedeas
               to
               the
               said
               Commission
               ,
               and
               a
               new
               Commission
               
                 de
                 diem
                 clausit
                 extremum
              
               ,
               for
               finding
               the
               Kings
               Ward
               ;
               both
               which
               the
               said
               Sir
               
                 John
                 Bridges
              
               did
               suppress
               in
               the
               executing
               thereof
               ,
               and
               by
               force
               did
               take
               them
               away
               ,
               and
               executed
               his
               own
               Commission
               ,
               and
               did
               find
               the
               said
               John
               an
               Ideot
               in
               due
               form
               of
               Law.
               
            
             
               3.
               
               So
               by
               colour
               of
               having
               the
               custody
               of
               the
               Ideot
               ,
               did
               by
               force
               take
               possession
               of
               his
               Estate
               ,
               in
               right
               of
               the
               Ideot
               as
               he
               then
               pretended
               ;
               and
               having
               gotten
               the
               possession
               ,
               he
               complies
               with
               the
               Parliament
               ,
               and
               then
               falsifies
               the
               Trust
               committed
               to
               him
               in
               the
               preservation
               of
               the
               Ideot
               .
               Vide
               Stat.
               Praerogativae
               Regis
               .
               
                 Ita
                 quod
                 nullatenus
                 per
                 eosdem
                 fatuos
                 alienentur
                 ,
                 nec
                 quod
                 corum
                 haeredes
                 exhaeredentur
                 .
              
            
             
               4.
               
               For
               having
               by
               such
               Force
               ,
               Covin
               ,
               Fraud
               ,
               and
               Deceit
               ,
               gotten
               the
               Ideot
               into
               his
               sole
               possession
               ,
               procures
               him
               to
               suffer
               a
               Recovery
               ;
               and
               that
               
                 by
                 Attorney
              
               ,
               and
               makes
               his
               
                 Menial
                 Servants
              
               his
               Commissioners
               .
            
          
        
         
           So
           that
           where
           Design
           ,
           Force
           ,
           Fraud
           ,
           and
           Covin
           ,
           are
           the
           supporters
           of
           an
           Assurance
           ,
           be
           it
           Fine
           ,
           Common
           Recovery
           ,
           or
           otherwise
           ,
           the
           Law
           will
           not
           call
           it
           one
           of
           the
           Common
           Assurances
           of
           the
           Nation
           .
           Vide
           the
           Preamble
           of
           the
           Statute
           of
           4
           
             Hen.
             7.
          
           cap.
           24.41
           .
           Ass
           .
           Pla.
           28.44
           .
           
             E.
             3.25.12
             .
             Eliz.
             295.
             
             Dier
             .
          
        
         
           
             Ob.
             4.
             
          
           
             There
             hath
             been
             several
             other
             Fines
             and
             Assurances
             passed
             of
             the
             Estate
             ,
             since
             that
             Recovery
             .
          
        
         
           
             Res
             .
          
           1.
           
           Those
           that
           Claim
           under
           an
           Estate
           got
           by
           Covin
           ,
           shall
           be
           in
           the
           same
           plight
           as
           those
           that
           got
           the
           Estate
           by
           Covin
           .
           39
           E.
           3.
           
           Br.
           Remitter
           47.
           
           Littlet
           .
           678.
           
        
         
           2.
           
           And
           if
           any
           be
           ,
           't
           is
           by
           one
           of
           the
           Defendants
           to
           the
           other
           ,
           who
           are
           parties
           or
           privies
           to
           the
           first
           Recovery
           .
        
      
    
     
  

