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A77349 To the Parlament of the Common-Wealth of England, Scotland and Ireland. The humble petition of Thomas Brewer, gentl: and William Pawlin, Elizabeth Quested, widdow, and Ann Beswick, daughter of Ann Beswick, widdow, creditors of Ulick Earl of St. Albans, and Clanricard, on the behalf of themselves, and other the creditors of the said Earl. Brewer, Thomas, gent.; Pawlin, William.; Quested, Elizabeth.; Beswick, Ann. 1654 (1654) Wing B4427; Thomason 669.f.19[55]; ESTC R212171 1,906 1

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To the Parlament of the Common-Wealth of England Scotland and Ireland The humble Petition of Thomas Brewer Gentl And William Pawlin Elizabeth Quested Widdow and Ann Beswick Daughter of Ann Beswick Widdow Creditors of Ulick Earl of St. Albans and Clanricard on the behalf of themselves and other the Creditors of the said Earl SHEWETH THat the said Earl being much indebted and having occasion to take up more money did earnestly importune Sir Henry Compton since deceased Sir Lewis Dive and your petitioner Thomas Brewer to be ingaged with him for whose indempnity he would convey all his estate in Kent unto them That 4th of May 1637 the said Earl did by his Deed and Fine thereupon levyed convey and assure unto the said Sir Henry Compton Sir Lewis Dive and your Petitioner Thomas Brewer and their heirs all his lands by name in the County of Kent to save them harmless against all such debts as they had or should stand engaged with and for him the said Earl and also with power to raise monys by sale or other wise for payment thereof in case himself did not discharge them within seven years next after the said 4th of May 1637. After wards the said Trustees did becom engaged with and for the said Earl as his Sureties in several obligations amounting unto above 20000 l. principal Money But for that the said Earl did not satisfy the said debts within the said 7. years nor at any time after the said lands became absolutely vested in the said Trustees who were accordingly seized thereof for the purposes aforesaid who have been ever willing to perform their trust aswel to the satisfaction of the said Creditors as disingagement of themselves but have been interrupted by reason of the late distempers That about Feb. 1647. The Earl of Northumberland then of the Lords house Sr. Robert Pye then of the house of Commons being two of the said Earls Creditors did upon the same Security by virtue of the said Deed obtain an Ordinance of Parlament unknown unto your Petitioner Thomas Brewer for payment of their respective debts out of the profits of the premisses That your Petitioner Tho. Brewer being a Prisoner in Maidstone-Goal only for refusing the late Oaths of Supremacy and Allegiance where he had been deteined from Novem. 1642. was sent for in July 1649. by order from the Committee appointed for preparing an Act for settling 2000 l. per annum upon John Bradshaw Serjeant at law and so soon as your said Petitioner had made answer to such questions as were then put unto him touching the business then before them he was forthwith returned back again to prison where he remained until April 1652. not with standing the said Oaths of Supremacy and Allegiance were 10 of February 1648. by Act of Parlament repealed made void and null That in August 1649. divers Mannors and Lands of the Lord Cottingtons together with the said Earls lands in Kent were by Act settled upon the said Serjeant Bradshaw and his heirs with a Saving to such as had any right to any part of the said estates So as they entred their claim before the Justices of the common pleas before the last day of January 1649. Now forasmuch as your Petitioner Thomas Brewer was a Prisoner as aforesaid and had no knowledge or could come to the knowledge of the said Act which was never publisht it was impossible for him to take any benefit of the Saving therin contain'd or to set forth any claim or title to any part of the said estate though never so good perfect absolute in law or equity whatsoever which otherwise he would most readily have don and so no default in him therein And for that your Petitioner Thomas Brewer hath been and now is sued for many of the said debts entred into with and for the said Earl and for which the said estate is made over as aforesaid and which your Petitioner Tho. Brewer is no waies able to satisfy or pay but if proceeded against his person mustly as a pawn or prey in perpetual prison And for that the Lord Cottingtons lands passed by the said Act are upon enquiry and as your Petitioners are informed and doubt not but they shall be able to prove found to be of much better value than 2000 l. per annum which was the yearly revenue only by the said Act intended to have been settled upon the said Serjeant Bradshaw and for that your Petitioners the said Creditors were wholly ignorant of the said Act and Settlement neither had they anyestate in law in the said lands whereby they might put in any legal claim thereunto accordng to the said Act had they known thereof And for that the said Earls lands were so long since settled as aforesaid and upon so good valuable and equitable considerations and concern your Petitioners the said Creditors who are many of them poor widows and Orphans and who together with your Petitioner Tho. Brewer will be utterly ruin'd unless relieved by the justice of your Honours May it therefore please your Honours to take the premisses into your pious considerations and to do therein what to your grave wisdoms shall seem meet wherby your Petitioner Tho. Brewer notwithstanding the said Act may be indempnified and the said Creditors satisfyed by and out of the said Earls estate in Kent according to the said settlement in May 1637. Your honours Instice magnifyed and God in all and by All glorified And your Petitioners shall pray c. A Petion against John Bradshaw Decemb. 1654