EXCEPTIONS to Edward Mosley's BILL in Parliament. THis is the third Bill (besides a Petition before any of them) which Edward Mosley the Father hath brought in Parliament for the same matter in effect as this Bill was. A Bill to the same effect was rejected on the Question this Session, 11. March last, as to Sir John Maynards' Concernment, and yet was a juster Bill than this; for that was to sell to pay all the Debts, (which amount to many Thousand Pounds) to which Debts and Legacies the whole Estate is subject in case of Redemption: and now by this Bill, the Creditors and Legatees shall be for ever absolutely concluded. It is against the Fundamental Rules of the House, after a Bill rejected, to admit any to the same effect under any pretence of Alterations; the Alterations here make this Bill worse than the 〈◊〉 〈◊〉 by the Marriage Agreement the Lands were to be to Sir John Maynard, as reason is that every man's Security 〈◊〉 be, this Bill is to put Sir John Maynards' Security in other men, contrary to, and in overthrow of the Agree●●●● under Hand and Seal. Sir John Maynard hath been many years in Chancery to have the Agreement performed, and hath at last a Decree. There Exceptions were taken to Sir John Coels Report, That the Security was too great; Council heard on both sides; the Exceptions referred to the Master, and to be final; the Master first and last was attended above twenty times; the Security adjudged and decreed to be equitable, and to be performed. For Sir John Maynards' Security is charged with 10000 l. Principal Money due to Sir John Maynard. 1000 l. already due to Mrs. Mosley. 250 l. due to Sir Edmond Sawyer. 400 l. due to Mrs. Maynard. 200 l. per annum to Mrs. Mosley for five years to come. 80 l. and the 200 l. per annum to Mrs. Maynard for life. 60 l. per annum to the Lady North for life. 20 l. per annum to Mr. Prestwich for life. 50 l per annum to Sir Edmond Sawyer for five years to come. 100 l. per annum more to Mrs. Mosley. 600 l. per annum Interest of the 10000 l. Principal Money. All which run on, and yearly increase on him till 1673. and in the mean time he receives nothing. The Master reports, and the Court satisfied, that there was no other way to perform the Will of Sir Edward Mosley but this. Yet Sir John Maynard is Decreed to join in Sal●●●●h Edward Mosley, of all or any part, 〈◊〉 to raise his Debt and Damag●● which he submits to. The Bill is to overthrow the Decree as well as the Agreement, and other persons to sell to pay Sir John Maynards' Debt. The Consequence is unreasonable and unjust. 1. To take away or alter any man's Security against his will without his fault, contrary to Agreement under Seal and that so solemnly Decreed. 2. To re-examine a Master's Report settled on proof, by Proceed before a Committee. 3. To put all those Creditors and Legatees to an uncertainty, and new Suits whose Debts and Legacies are now charged on Sir John Maynard. 4. What if the new trusties will not Sell, or Sell this and another parcel of the Lands, and by that means spoil the Security, Selling the good and not the bad, and when they have Sold, not pay the Money, or take bad Security, or detain the Moneys? In these Cases there is apparent mischief and no remedy, or at best, new Suits and Troubles. Sir John Maynard is to lay out the Money (not to receive it to his own use) but as a Trustee, to Purchase Lands for Mrs. Maynard for her life, etc. with Remainder to her Son an Infant, etc. It is hard enough on her already, that her Life (which could not well be valued at above 7 years) and yet 6 years allotted for the Purchase thereof are already elapsed, and two years yet to come for Redemption. So that 8 years are already given to Purchase an Estate for her Life, and now more desired. Sir John Maynard being by her and her Brother appointed for her Trustee in the Security, others without her consent shall be substituted. This 8000 l. was conceived by the Court to be in lieu of 8000 l. and of 2000 l. due to her by Assurances made by 〈…〉 her, and 2000 l. more as Administratrix to her Sister which on that account was set aside, because this 8000 l. 〈…〉, and those Moneys would have been justly raised before now. 〈◊〉 ●●●●ter-shire Lands, ●00 l. per annum, were given to Mrs. Maynards' Male Children by the Will, which Lands 〈◊〉 ●●st without any Recompense: and though Sir Edward Mosleys provision which he intented to his Nephews, 〈◊〉 enough, in recompense of the Wrongs he did in Se●ng her Mother's Lands of Inheritance, which he had no 〈◊〉 to in Equity, but belonged to his Sister in a clear Equity, yet he Sold them away, being worth 8000 l. There is no need of this Bill in regard of the Infancy of Edward Mosley Junior, for a good Estate in Law and Equity may be made of the Lands to any Purchasor, notwithstanding any pretence of his in the Bill; for in Equity the Decree binds him, and in Law he hath no Title, because the Estate in Law is out of him by breach of the Condition; for the time of laying out the 7000 l. elapsed in October last, the Condition being that the Father should purchase within Five years, and within Five and a half settle Lands: The not purchasing within five years was a breach.