House of Lords Journal Volume 20: 8 March 1717

DIE Veneris, 8 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ash versus Ash:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Simeon Ashe Clerk and Palatia Grout, Executors of Jeremiah Ashe deceased, and Thomas Bodicoate; complaining of a Decree made by the Lord High Chancellor of Great Britain, the Sixteenth Day of June One Thousand Seven Hundred and Sixteen, confirming a Decree of the Master of the Rolls, made the Sixth Day of March One Thousand Seven Hundred and Fifteen, in a Cause wherein Mary Goody, by her Bill called "Mary Ashe, Widow and Relict of Jeremiah Ashe, a Freeman of London," was Plaintiff, and the Appellants Defendants; and praying, "That the same may be reversed; and that a Verdict found upon a Trial had the Twenty-second of June One Thousand Seven Hundred and Eleven, in the Court of Common Pleas, on a feigned Issue, in which the said Mary Goody, by the Name of Mary Goody alias Ashe, was Plaintiff, and the Appellants Ashe and Grout Defendants, may be established, or a new Trial granted, on the same or such other Issue as this House shall think proper:" As also upon the Answer of the said Mary, thereby called "Mary Ashe Widow and Relict of Jeremiah Ashe deceased," put in to the said Appeal; and likewise hearing the Lord Chief Justice of the Court of Common Pleas, touching the Evidence given at a Second Trial between the same Parties, the Sixth of December One Thousand Seven Hundred and Fifteen, directed by the Court of Chancery, to try, "Whether the said Mary Goody was married to the said Jeremiah Ashe or not?" And due Consideration had of what was offered in this Cause:

The Question was put, "Whether the said Decrees shall be reversed?"

It was Resolved in the Affirmative.

Judgement reversed.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decrees be, and are hereby, so far reversed, as that a further Trial be had in this Cause, on the same Issue; and that the said Trial be, at the Bar of the Court of Common Pleas, some Time in the next Term; and that the Appellants, in order to enable the Respondent to prepare for such Trial, do, within a Fortnight, pay, or cause to be paid, to the Respondent, the Sum of Sixty Pounds, to be deducted out of the Costs, in case a Verdict shall be found for the Respondent; and further, that the Court of Chancery be, and is hereby, directed to proceed upon the Equity reserved, after such Trial had, or Default of such Trial; and that the Court of Chancery do give such further Directions as shall be just, in order to the said Trial.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.