DIE Veneris, 8 Martii.
Domini tam Spirituales quam Temporales præsentes
|Ds. Cowper, Cancellarius.
Dux St. Albans.
Viscount Say & Seale.
Ds. North & Grey.
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.
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.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.