The case setting forth His Majesties right to the manour of Newington-Barrow in the county of Middlesex. Approx. 10KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2016-02 (EEBO-TCP Phase 2). B1874199885921 188517 2240887168 Wing C1203 Interim Tract Supplement Guide 816.m.16[15] ESTC R225193 ocm99885921

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 Early English books online text creation partnership. (EEBO-TCP ; phase 2, no. B18741) Transcribed from: (Early English Books Online ; image set 188517) Images scanned from microfilm: (Early English books; Tract supplement ; C11:1[12]) The case setting forth His Majesties right to the manour of Newington-Barrow in the county of Middlesex. 1 sheet ([1] p.). s.n., [London : 1670?] Imprint from Wing CD-ROM, 1996. Reproduction of original in the British Library.

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 eng Crown lands -- England -- Early works to 1800. 2014-04 Keyed and coded from ProQuest page images 2014-06 Sampled and proofread 2014-06 Text and markup reviewed and edited 2015-03 Batch review (QC) and XML conversion 2021-05 TEI P5 conversion
THE CASE Setting forth His MAJESTIES RIGHT to the MANOƲR of NEWINGTON-BARROW in the County of MIDDLESEX.

ABout the begining of His late Majesties Reign, Sir Allen Apsley Knight deceased, then Victualler of the Navy did Petition his said Majesty and Privy-Council for an Assurance of Land from His said Majesty, for 20000 l. part of an Arrear in the said Petition mentioned, to be then due from His said Majesty to the said Sir Allen Apsly and his Creditors, for Victuals and Provisions for His said Majesties Ships and Fleet: And, His said late Majesty and Council did thereupon agree, and afterwards Contract with the said Sir Allen Apsly for the Passing of 714 l. 5 s. 8 d. ½. per Annum, for satisfaction of the said Summ of 20000 l. for which the said Sir Allen Apsly stood at that time ingaged to his said Creditors for the Provisions aforesaid.

Petition recited in the Order of Council, Dat. 6th. Febr. 1627.

Order dat. 7th of July.

Contract. Dat. 15. Aug. 1628.

In pursuance whereof His said Majesty by Letters Patents dated 15 Sept. 5to Regni sui, did Grant and Convey Inter alia, the said Mannor of Newington Barrow to persons in trust for the said Sir Allen Apsly and his Heirs.Letters Patents, dat. 15th Sept. 1629.

This Grant was so made by His said late Majesty for the Purposes aforesaid, upon Presumption, That the said Sir Allen Apsly had not then Mony enough of His said Majesty in his hands to discharge the said 20000 l. for which he stood so ingaged to his said Creditors for the Provisions aforesaid, although it did afterwards appear by the Accompts of the said Sir Allen Apsly passed in the Exchequer, That, at the time of the said Grant, the said Sir Allen Apsly had otherwise received of His said Majesty (which was then remaining in his hands unaccompted for) above 20000 l more then would have satisfied the said 20000 l. for which he stood so ingaged for the Provisions aforesaid; which was never afterwards Discharged, but at the said Sir Allens death was increased to near 40000 l. which (besides the value of the said Mannour and Lands never Accompted for) Remains a Debt in Arrear to His said Majesty upon the said Sir Allen Apslyes Accomp • at this day.

Order of Council, dat. 3d. of November, 1637

Sir Allen Apslyes Accompts in the Exchequer, for the years 1627 and 1629.

That notwithstanding the said Arrear, and Grant of the said Mannour, &c. for the purposes aforesaid, the said Sir Allen Apsley dying before the said Creditors were paid, the said Creditors • ere left without Remedy by any ordinary course of Law, to recover their said Debts against the said Sir Allen Apslyes Trustees for the said Lands, because the Trust reposed by His said Majesty in the said Sir Allen Apsly for payment thereof, nor the said Creditors, nor their respective Debts were not particularly expressed in the Body of the said Grant, contrary to the Purport of the said Sir Allens Petition, and the Agreement and Intent of His said Majesty and Council thereupon for Passing thereof.

Therefore, upon the Humble Petition of the said Creditors to His late Majesty and Council for Relief against Thomas Austin of London Cheesmonger, a Creditor of the said Sir Allen Apsly, (and one of his Patentees for Gualtres Forrest) who pretended to have purchased the said Mannour of Newington Barrow from the said Sir Allen Apsly and his Trustees; the same was referred to the Examination of Sir John Banckes His said Majesties then Atturney-General, by whose Report thereof, and by the said Austins own Accompt upon Oath, taken by the then Auditors of the Imprest, and Reported by them to His said late Majesty and Council: and, upon several great Debates before His said late Majesty and Council, in the presence of the said Austin, assisted with Counsel Learned in the Law, It did appear, that the whole Mony for which the said Austin pretended the said Mannor of Newington Barrow was so conveyed unto him, was but 2500 l. And, that the same was part of a summ of 3000 l. formerly due to the said Austin for Victuals delivered for the use of the Navy. Which said 3000 l. was (with other Monyes) secured to the said Austin and others by a Mortgage of Gualtres Forrest in Yorkshire, before the said Mannor was so conveyed unto him, and afterwards fully paid unto him out of the same: So that it did thereby appear to His said Majesty and Council, that the said Tho. Austin had not really & bona fide paid one penny Consideration for the said Mannor of Newington Barrow. Whereupon the said Thomas Austin was expresly commanded by several Orders of His said late Majesty and Council, to Convey over the said Mannor of Newington Barrow to the use of the said Creditors, towards the satisfaction of their said Debts; But, the said Austin taking advantage of the Wars suddenly intervening, stood out in contempt of the said Orders, and by meanes thereof. he, and those claiming from him, have ever since wrongfully deteined the same from His said late Majesty, His present Majesty, and the said Creditors.

Atturny Generals Report in 1638, confirmed by Order of Council, dated 23d of November, 1638, and Auditors Certificate.

Orders of Council, dat. 6th March 1638, and the 26th of April 1639, and the 19th of July, 1639.

Since His Majesties happy Restauration, this whole Matter, and Austins Title to this Mannor, was fully debated before a Committee of the Honourable House of Commons; and, after all that could be alledged by the present pretenders, Tho. Austin and his Guardian, assisted with Counsel Learned in the Law, upon the said Committees Report thereof to the House, leave was given by the House for a Bill to be brought in for the said Creditors Relief, which was accordingly done the next Sessions, but the Parliament was Adjourned, and afterwards Prorogued, before it could be finished.Committees Report, and Votes of Parliament, 2d of March 1664.

Since that time the said Creditors, by reason of their long sufferings and delayes, and the vast charges and expences they have been at for so many years in seeking Relief in the Premisses, being for the most part utterly undone, and altogether unable any longer to maintain so chargeable a Prosecution, have Humbly Supplicated His Majesty to make payment of their said Debts some other way, and to accept of all their Equitable Right and Interest in and to the Premisses, which His Majesty hath Graciously accepted, and thereupon passed unto them His Royal Word and Promise for their speedy satisfaction.

Also this business by Special Order of His Majesty in Council, hath been lately Referred to the Right Honourable the Lords Commissioners of the Treasury; and, by Order of Reference from their Lordships, the whole Matter of Fact hath been Examined, and Stated by Sir Charles Harbord His Majesties Surveyor General, and the most proper Remedy by him Proposed for recovering the said Mannor, is by Bill in Parliament.

Upon another Reference thereof from His Majesty and their Lordships, to Mr. Attourny-Gen •• al; the same Remedy for His Majesty to recover the same is by him also proposed and directed.

Order, dated 20 of October, 1669.

Sir Charles Harbords Report, dated 20th of December 69.

Wherefore this Bill is accordingly brought in for vesting the said Mannor of Newington Barrow in His Majesty upon the Reasons aforesaid.

This way of Proceeding cannot be easily drawn into Example, to the prejudice of others, that have Grants from the K •… cause 'tis confidently supposed there is no other Grant extant of the same nature.

Nor can this be judged to be any surprize upon the said Austin, because his Title hath been in Dispute by a continu •… (unless during the time of the Civil Wars) for above thirty years, and could not be determined by Course of 〈…〉 above mentioned.