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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	chancellor_n	lord_n	parliament_n	1,462	5	6.9372	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60878	The Arguments of the Lord-keeper, the two Lords Chief Justices, and Mr. Baron Powell, when they gave judgement for the Earl of Bath	Somers, John Somers, Baron, 1651-1716.; Treby, George, Sir, 1644?-1700.; Holt, John, Sir, 1642-1710.; Powell, John, Sir, 1645-1713.	1693 (1693)	Wing S4637; Wing A3646_CANCELLED; ESTC R17706	80,573	63

would put the Case upon a like bottom of Presumption the other way and then see what we shall make of it Duke George prevails with King Charles II. to promise to make the Earl of Bath Duke of Albemarle upon his failure of Issue-Male Duke Christopher when he comes of Age doth make a Settlement of his Estate upon the Earl of Bath upon failure of Issue of his Body The Earl of Bath is a Person that doth heap Obligations upon both Dukes and their Family is Assistant to the Duke both in the Purchase and Sale of Albemarle-House is continually the Chief Person concerned in all his Affairs nothing almost is done without him There is no proof of any Misunderstanding or Ground for any between them Nay it was the Report in the Family That if the Duke died without Issue the Earl of Bath was to have the Estate He and Sir Walter Clarges are the Duke's nearest Relations whereas Mr. Monk that I find is not in the Case proved to be at all of Kin to him and so we must not take him to be related without proof but only that the Duke called him Cousin Now after all this that the Duke should make this last Will and give all this Estate to a Stranger for so as to any thing appears in proof and give nothing to the Earl of Bath when by the former Settlement he had given him such hopes of so great a Share this I think is a very Unaccountable thing and I confess I know not how to extricate my self out of the Confusion it causeth in me But I must set the one against the other as to that Objection and leave the Matter in the dark as to the Duke's Honour as I found it though I think I may give a further Answer to this Objection under the Second Head But I must speak something more under this for I would omit nothing that I conceive to be material in the Case There is another thing objected that seems dark in this Case and that is What was the meaning of some Parchments that were ingrossed by Thompson the Summer before the Duke went to Jamaica The Jury have found that this Deed was executed in 81. And if then the other Side would make use of this as insinuating that they were the same Deeds then that is not to be admitted as being expresly against the Verdict But to me it seems That these Deeds in 87. were made upon some design to have them executed then perhaps to settle the Estate upon a firmer foot than it was thought before The Earl of Bath perhaps might be Jealous that the Dutchess might prevail upon the Duke to revoke the former Deed in due form and therefore these Deeds might be prepared absolutely without any power of Revocation and thought he might procure the Duke to seal them so before he went to Jamaica I say that might be the Intention though what was the Design I cannot really tell But admitting that such Writings were prepared with such a design to get the Duke to execute them I know not that all this put together will be a sufficient Ground in Equity to set aside the Deed of 81. For all Designs in gaining of Deeds will not avoid Deeds actually made And that is plain from the Case of Bodmin and Roberts that was one of the Precedents used in this Case which was in short thus Mr. Roberts Son to the late Earl of Radnor married the only Daughter and Child of Bodmin who was so passionately fond of his Daughter that whenever she was in his presence he would break out into great Fits of Passion and weep for Joy to see her Notwithstanding this great fondness of his Daughter one Mr. Wynne took an Opportunity when Mr. Bodmin was under an Arrest and officiously came to Bail him and insinuates into him that his Son-in-Law was the occasion of his being Arrested and thereupon wrought so far upon him as to get him into a private place where he was removed out of his Son and Daughters Knowledge and where he went by a strange Name No one of his Friends had any access to him but Wynne himself and such as he would permit Mr. Roberts made frequent Application to be admitted to him but was refused which was all in proof While he was under this Concealment Wynne tampers with one Barry that had Mr. Bodmin's Will in his Custody and would have had him suppressed that Will whereby he gave his Estate to his Daughter It happens during his being thus secured he falls sick then there is a Will prepared for him to give this Estate away to Wynne from his only Daughter they get three Witnesses to the Execution of it This Will was never read over to him this appears in the proof but they get him to execute it And he dies Hereupon Mr. Roberts exhibits his Bill in this Court to set aside this Will There was proof made of all this Matter that I have opened and this Point of Surprize in obtaining this Will was insisted upon strongly The Lord Chancellor at the Hearing of the Cause was assisted by the Chief Justice Bridgman the Chief Baron Hales and Justice Rainsford But notwithstanding all this proof they could not prevail to set aside this Will in this Court and afterwards when they came into the House of Lords they were of the same Opinion and it ended at last in Relief by the Legislative Power an Act of Parliament This now I take to be much stronger for Relief if any could be than the Case now in Question and if then upon such apparent Surprize and Practice it could not be set aside in Equity sure this cannot where there doth appear no proof at all of any such thing I come then to consider the Second Head of Argument against this Deed that it was a concealed and forgotten Deed. Now that it was concealed from the Dutchess and those that were thought her Agents I agree it so and it is plain it was always intended it should be so But that it was concealed from the Duke I think has no Ground at all The thing they would infer it from is the Evidence of Aleman whose Testimony was read once and again and he says This Deed at the time of the Execution of it was delivered to the Earl of Bath whence they infer he carried it away and kept it concealed from the Duke who forgot it But upon reviewing Aleman's Deposition it can be understood to mean no other but only delivered to that effect as a Deed to his Use but not that it was delivered to him for Custody and carried away by him No truly it seems plain to me from all the Proofs and Circumstances of the Case That this Deed did remain in the Custody of the Duke of Albemarle For that Sir Thomas Stringer a little before the Duke went into Jamaica doth draw an Abstract of it in which the very date is mentioned which could not be drawn from

so you cannot imagine that the Duke was at all surprized therein but that when it was executed it was according to that design and purpose Next Sir Thomas Stringer who was the Duke's Counsel to Peruse and amend the Draught as appears by his own Hand sworn by his Son and his Man To imagine then that a Man should be surprized into the making of a Deed when his own constant Counsel doth Peruse and Amend the Draught and the Counsel he used particularly to advise with is by at the Execution and a Witness to it is to say a Man was surprized when he had the Advice of Counsel about it and they were at his Elbow at the Executing of it Now I must confess I am to seek and do not well know what is a Fraud in Equity that shall avoid a Deed which is a good Deed at Law The Case of Bodmin and Wynne and Roberts mentioned by my Lord Chief Justice and my Bother Powell that spake the last day this Cause came on is I think a Case of great Authority in a Court of Equity because it had a great Transaction both in this Court and in the House of Lords before it came to a Resolution and Result I shall put the Case in short as it was here in Court Mr. Roberts Son to the late Earl of Radnor married the Daughter of Mr. Bodmin Bodmin had made a Will and given his Lands to the Children of his Daughter in Tail and after this he makes another Will whereby he gave one part of that Estate to Mr. Wynne and another part to a remote Kinsman It did most plainly appear in the Depositions of this Case that this Will was obtained by great Fraud and Circumvention that is Wynne got into his Acquaintance by pretences of some little Offices of Friendship and Kindness he got him away from his Friends and Relations and during his Sickness he did by false Stories withdraw his Affection from his Daughter kept him in secret Places that no Friend might come at him and while he was so secreted and wrought upon was this last Will made whereby he gave his Estate away from his Child to a Stranger All these pieces of Practice were Apparent before the Court at the Hearing of this Cause which was heard by my Lord Clarendon Assisted by who all Unanimously Declared that this was a VVill obtained by Fraud and by Practice and that there was great Reason if they could to relieve against it But they searched Precedents and could find none that would come up to the Case Thereupon for difficulty there was Advice taken about it in the House of Lords and there upon Consideration was an Order made by way of Advice to the Lord Chancellor that he should proceed to do Justice to either Party though there were no Precedent found to govern the Judgment Afterwards this Cause came to be heard again 12 June 1666 when my Lord Chancellor being assisted by my Lord Chief Justice Bridgman my Lord Chief Baron Hales and Mr. Justice Raynsford did declare That there could be no Relief though it was said before it was apparently a VVill obtained by Fraud and this to the Prejudice of the Heir at Law who had never Offended or given him any Cause to Disinherit her So the VVill was dismissed but the Parties complaining in Parliament were Relieved by the Legislative Power by an Act of Parliament Now besides that there was Evidence of ill practice in that Case but in this I say I find none this is so great an Authority and does shew the wariness of a Court of Equity that I think none can be greater Equity would not relieve them but they were put to seek their Relief by a Law made on purpose But I will suppose now in this Case that when my Lord of Bath did understand the Kindness of Duke Christopher and knew of the Will of 75. and knowing the Incoastancy of the Duke's Temper and other Circumstances in the Family and the Revocableness of a Will should have applied himself to the Duke and told him ' It is true you have been so kind as by your Will to bequeath me a great part of your Estate but you may be prevailed with on a sudden or by some Artifice or other to alter this Will of yours and you may be surpriz'd into the doing of it pray will you make a more solemn Settlement to confirm this Kindness by a Deed And had prevailed to get him to do it Suppose I say he had done so tho I find no Evidence in this Case of any such thing suppose he had been employed in the whole transaction of such a Deed is this unlawful or is it any harm No it is very innocent he might lawfully do it and if he had opportunity he might prudently do it But I say I find not so much as that in this Case but this Deed was fairly obtained from the Duke whether it was by the advice desire or interposition of my Lord of Bath doth not appear or whether it were the Duke 's own voluntary Act though I think it is not material whether it was the one or the other But it hath been said That when Duke Christopher did design to alter his Will and for that purpose sent to my Lord of Bath to bring the Will of 75. which he had in his Custody my Lord of Bath should have told him of this Deed too And therefore the concealing of the Deed of 81. from D. Christopher is a kind of fraud and not making a discovery of it then he shall not now take advantage of this Slip and have the Estate by this Deed because if the Duke had considered the Proviso in the Deed he would have taken eftectual care to have had a good Revocation in all the Circumstances And that he did not so revoke it must be imputed to the concealment of this Deed from the Duke by the E. of Bath So was the Case of Mr. Clare at the Suit of the E. of Bedford which was opened the last Term. A Man that stands by and sees a Cheat which might have been prevented by his discovery shall not take advantage of his own wrong and profit by such concealment But doth it appear in this Case that my Lord of Bath knew to what purpose the Duke sent for his Will or how or in what manner he would alter the Settlement of his Estate Why must he be bound to take more notice of this Deed to the Duke than the Duke himself It was the Duke's own Act and not my Lord of Bath's and why should he give him notice of his own Act The Rule of Law when one is obliged to give notice to another is this When the thing lieth more in the Knowledg of the one than the other and he cannot come to the Knowledg but by his means But when one Man hath reason to know and doth as much as the other he is not bound to give notice