Selected quad for the lemma: son_n
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B02582
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The case of Griffith Wynn an infant, son, and heir apparent of Tho. Wynn Esq., and of Thomas Bodvile an infant, and of the said Tho. Wynn the father. Humbly presented to the consideration of the honourable the knights, citizens, and burgesses in Parliament assembled.
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Wynn, Thomas, Esq.
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1667
(1667)
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Wing C916A; ESTC R173521
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6,521
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5
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The CASE of GRIFFITH WYNN an Infant Son and Heir apparent of Tho. Wynn Esq and of Thomas Bodvile an Infant and of the said Tho. Wynn the Father Humbly presented to the consideration of the Honourable the Knights Citizens and Burgesses in Parliament assembled Humbly sheweth THat John Bodvile of Bodvile in the County of Carnarvan Esquire being seized of several Mannors and Lands in the Counties of Carnarvan and Anglesey of the value of 1800 l. per an did in consideration of a Marriage with Anne the Daughter of Sir William Russell 20 March 1639. settle a Joynture upon the said Anne of 600 l. per an and did settle all his said Mannors and Lands and the Reversions of his Wife's Joynture upon himself and the Heirs Males of his Body begotten on the Body of the said Anne the Remainder to his own right Heirs with power if he had Issue Male and Female to charge the Estate with 500 l. per an untill such Daughters shall have received 1500 l. Portions and if he had no Sons but Daughters then the Estate was charged with 5000 l. to such Daughter or Daughters to be equally devided amongst them John Bodvile had Issue by Anne Daughters _____ Elizabeth and Sarah and no Issue Male _____ and Elizabeth dyed in 1661 without Issue great differences happened between the said John Bodvile and Anne his Wife and the said John Bodvile having been a Collonel for the King his Wife did procure Warrants for his apprehension and endeavoured to have him tryed by a High Court of Justice of which said Warrants the said Tho. Wynn the Father gave the said Mr. Bodvile notice whereupon the said Mr. Bodvile fled into the Isle of Man and thence into Holland and the said Mr. Wynn at his desire stayed in London 21 Months from his Wife and Children and did correspond with Mr. Bodvile which if discovered had proved dangerous to Mr. Wynn And in the year 1649. he gave Mr. Bodvile notice of a general Composition for North-Wales which was then shortly to pass excepting such as had been in Armes and then beyond the Sea when it passed whereupon the said Mr. Bodvile repaired to London and the said Act soon after passed whereby his Life and Estate was preserved whereupon the said Mrs. Bodvile by her power with Oliver did get an Act of the then pretended Parliament for Allimony and obtained a Decree in Chancery for 500 l. per an to be paid her out of his Estate And in the year 1650 upon her Petition the said Mr. Bodvile's Estate was put into the Bill of Sale notwithstanding his Composition and the said Mrs. Bodvile was to continue the enjoyment of her 500 l. per an and she obtained a Sequestration of Mr. Bodvile's whole Estate for the payment of the said 500 l. per an by colour whereof the Lady Bodvile Mother of the said Mr. Bodvile in the year 1656. was turned out of the possession of her Dowry whereby she was disabled to relieve her Son and Mr. Bodvile was forced to take 1000 l. for 3555 l. 2 s 10 d. of his Wife's Portion unpaid else he was threatned they would make a discovery of it to the Committee and he should lose all And the said Mrs. Bodvile in the year 1657 did marry her Daughter Sarah to Mr. Roberts without the consent or knowledge of the said Mr. Bodvile at which Mr. Bodvile was highly displeased And in or about May 1662 Mr. Bodvile was arrested at the prosecution of his Wife for her Allimony upon a Commission of Rebellion out of Chancery which was made appear was with the privity of the said Mr. Roberts who was present with his then Servants Lewes and Morris and the Bayliffs who were then to arrest him to betray and discover the said Mr. Bodvile to the arrest of the said Bayliffs who afterwards arrested Mr. Bodvile in Fleetstreet about 11 of the clock at night and immediately carried him away to Westminster where they kept him secret for several dayes and nights from all him Friends and Mr. Roberts had notice sent him of the Arrest early next morning During which restraint Morris told Mr. Mostin were he Mr. Roberts he would take Mr. Bodvile and pinne him in a Room till he settled his Estate upon him lest he gave it away and Mr. Bodvile continued so secreted untill Mr. Henry Wynn Mr. Bodvile's Uncle threatned to move the House of Commons to know where he was whereupon Mr. Henry Wynn was brought to the said Mr. Bodvile by Mr. Roberts who was often with him during his restraint during which restraint the said Mr. Bodvile was much threatned by Mr. Roberts's Agents in the presence of Mr. Roberts to settle his Estate on the said Mr. Roberts and his Wife and their Children but Mr. Bodvile did then declare That not any that came of his wife should have one foot of his Estate and at other times declared That he would be torn in pieces with wilde Horses and would give his Estate to Oliver's Red-coats before he would settle his Estate on his Issue Female and that if he had no Issue Male by another wife he would settle his Estate on some of his Kindred And during his restraint he desired Mr. Henry Wynn to send his Cosin Tho. Wynn unto him and did often send for the said Tho. Wynn during his restraint but Morris and Lewes Mr. Bodvile's Servants denyed to tell him where he was although the said Mr. Wynn promised forthwith to procure his Inlargement After Mr. Bodvile was inlarged he refused to see or receive any Letters from Mr. Roberts and being in his Chamber at the Temple caused himself to be denied to be within when Mr. Roberts sent or came to him and turned away his Servants Lewis and Morris who had betrayed him who were afterwards retained as Servants by the said Mr. Roberts Afterwards in May 1662. Bodvile was again arrested by his Creditors set on by Lewis and Morris whereupon Mr. Bodvile sent for the said Mr. Tho. Wynn who procured him Bayle to some of his Actions and his Liberty and furnished him with the Summe of 220 l. and the said Mr. Bodvile's wife having procured an Order of Chancery dated the 12th of June 1662 for his Commitment to the Fleet. Mr. Bodvile to avoid such commitment and arrests did leave his Chambers at the Temple and gave them unto Griffith Wynn alias Bodvile Sonne of the said Tho. Wynn who was admitted thereunto and removed to Islington and went by another Name and caused his Servant Pugh to change his Name of which removal or change of his Name Mr. Tho. Wynn knew nothing untill he was sent for by Mr. Bodvile and acquainted therewith by Mr. Bodvile And afterwards Mr. Bodvile in June 1662 levied Fines of his Estate to enable him to dispose thereof and imployed his Servant Pugh to go into Wales for that purpose who was imprisoned by the Sequestrators of Mrs. Bodvile And in September following Mr. Bodvile went from
Islington to the County of Salop and from thence writ several kinde Letters to Mr. Wynn and at Salop owned him for his great Friend and the onely Person that stuck to him in all his troubles and in October following Mr. Bodvile returned to London and went to his Lodgings at Islington and in December following Mr. Bodvile by reason of a Fall had an Impostumation in his Hipp which put him to great pains and brought him to be very weak being for the cure thereof inforced to be launched three Inches at a time did without the direction perswasion or privity of Mr. Wynn send for Mr. Pollard who was and antiently had been of his counsell and much imployed by him to give him directions for the drawing and preparing his Will which accordingly being drawn Mr. Bodvile did peruse it and with his own hand did correct a Welsh word of the name of a Town therein mis-written by Mr. Pollard and gave the said Mr. Pollard direction to call the said Pugh into the Chamber and in their presence signed sealed and published the said Will the 20th of December 1662. and did direct the said Mr. Pollard and Pugh should be witnesses to the said Will and wished them to write their Names low for that he intended to have more witnesses to the said VVill and he said Pugh desiring to know the date thereof Mr. Pollard shewed him the VVill and Mr. Bodvile wished him to write down the date thereof for his better remembrance and thereupon Mr. Bodvile locked up the said VVill in a Box and kept it in his custody By which VVill Mr. Bodvile gives all his Lands Tenements and Hereditaments in the Counties of Carnarvan and Anglesey unto Sir Richard Wynn and Sir Tho. Dorrell and the said Tho. Wynn and their Heirs upon special Trust and confidence and to the intent and purpose that they and their Heirs shall out of the Rents Issues and Profits thereof as speedily as they can be collected and raised pay and discharge all his just and due Debts which he did then owe or after should contract and upon further Trust that they should raise 5000 l. for a Portion for his Daughter Sarah Roberts now wife of Robert Roberts Esquire provided before payment be made of the said 5000 l. that a competent and convenient Provision Livelyhood be settled upon my said Daughter and her Children and provided also that if the said Mr. Roberts or my said Daughter or any other Person or Persons claiming by from or under them or either of them disturb or interrupt my said Trustees or any of them in the quiet reception of the Rents Issues and Profits according to the Trust and intent above limited then the payment of the 5000 l. to cease and no benefit at all to be reaped or received thereby and after the Debts and Portion so satisfied and paid her gave the rest and residue of his said Lands to Griffith Wynn alias Bodvile Son and Heir apparent of the said Tho. Wynn and to Tho. Bodvile Son of Alexander Bodvile late of Pullheley in the said County of Carnarvan Gentleman deceased and their Heirs respectively equally to be divided between them without making any division at all of my Houses Demesnes or Tenements thereto belonging and after some other Legacies given by his said VVill he made the said Tho. Wynn sole Executor of his said VVill in trust only for the more speedy payment and satisfying of the said Debts and Portion In January 1662 Mr. Bodvile desired Mr. Wynn to find him out a Lodging in Black-fryers and accordingly he did at the House of one Clithero a mere Stranger to Mr. Wynn which Mr. Bodvile liked well and went thither the 22 d. day of the said Month and after he came thither he went daily abroad And about a Fortnight before he died he discoursed with Mr. Edmund Toll a Proctor whether they did not in the Ecclesiasticall Courts proceed in Causes of Divorse who told him He believed they did Mr. Bodvile then told him His Wife had abused him and desired him to advise with some Civilians whether he might not be divorsed from her and after Mr. Toll had advised with a Civilian he told him they did proceed in causes of Divorse whereupon Mr. Bodvile said If it pleased God to give him health he would proceed against her and Mr. Bodvile did then shew great dislike against Mr. Roberts and his Wife and said Mr. Roberts great design was to have him settle his Estate upon him and his Wife but said his resolution was never to settle his Estate upon him and shewed great dislike against him and told him That he had levied Fines of his Estate in Wales with resolution to settle his Estate by Deed or VVill and that he had made his Will and that Mr. Pollard was a Witness to it to whom he had given a Legacy and thereupon asked if Mr. Pollard would stand a good VVitness Mr. Toll answered That if the said Legacy was not such as the Law would conceive might sway him in his Judgement his Testimony might be good Mr. Bodvile replyed to prevent all doubts If it pleased God to recover him to his health he would desire him and 3 or 4 Notary Publiques of Doctors Commons to give him a meetting in whose presence he would then publish and declare his Will and Mr. Toll sayth he was then of a perfect minde and understanding to make his VVill. After Mr. Bodvile the 19th of March 1662 in the presence of Mr. Wandesford Mr. Griffith and Mr. Platt three more VVitnesses without exception he did declare unto them That he had sent for them to be VVitnesses to his VVill which he had formerly made and published but that he did lodge in an obscure place where he made his said VVill and went by another Name and having the said VVill in his hands he read over part thereof in their presence both at the beginning and latter end thereof and shewed them the Seal he formerly sealed his Will with and desired them to compare the said Seal and the former impression together which they did and found them agree and then in their presence did publish and declare his Will again and discoursed very rationally with them both concerning his Will and other matters by which Will he hath given his said Daughter as much as upon the Marriage agreement was thought fit all his Daughters should have if never so many if he died without Issue Male. After which he desired a Minister might be sent for which was done with whom he discoursed very rationally and fully and discreetly answered to all such things as are usually put to sick Persons and the said Minister advising him to make a Will and settle his Estate for the quieting of his Conscience and to be at peace with all the World He said he had done that already Mr. Bodvile died 28 March 1663. after which Mr. Bodviles wife and Mr. Roberts enter upon the whole Estate of