House of Lords Journal Volume 14: 23 July 1689

DIE Martis, 23 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marquis de Halyfax Speaker pro Tempore.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Walter Moyle and others:

Who brought up a Bill, intituled, "An Act to enable Trustees to grant Leases of the Estate of Richard Hele Esquire;" to which the Commons desire their Lordships Concurrence.

Lady Ashfield versus Ashfields.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of Dorcas Lady Ashfei'd, Widow and Executrix of Sir Richard Ashfeild Baronet, deceased; complaining, "That, although by a Settlement made in the Year One Thousand Six Hundred Seventy and Five, in Consideration of a Marriage had, and Marriage Portion received, with the Petitioner his Second Wife, and for Provisions for the Petitioner and his Children by her, and for Provisions for his Children by his First Wife; the said Sir Richard Ashfeild had settled all his Estate in Sussex, by the Name of the Manor of Northbersted, Manor of Shripney, Farm of Shripncy in Southbersted, and all Manors or reputed Manors, Messuages, Lands, Tenements, and Hereditaments whatsoever, situate and being, or be had, received, or taken in, or out of the Parishes, Villages, or Towns of Northbersted, Southbersted, Shripney, or elsewhere, in the County of Sussex; as to Northbersted Manor, for Provision for his Children, by the first Wife; as to the Manor of Shripney, Farm of Shripney, and all the rest of the Premises beforementioned to the Petitioner for her Jointure, and for Provision for her Children; yet that the Court of Chancery had, notwithstanding, by several Decrees, ordered the Appellant to convey her reputed Manor and Hereditaments of and in Southbersted, and all other the Estate late of the said Sir Richard Ashfeild, in the County of Sussex, except the Manor and Farm of Shripney, and other the Lands mentioned in a Deed made by the said Sir Richard, in the Year One Thousand Six Hundred Seventy-eight, to Richard and Anne Ashfeild, who had sued the Appellant in Chancery, to subject the same to the Payment of a Bond of Four Thousand Pounds Penalty; and that the Petitioner should account to the said Richard and Anne for all the Profits she had received for and in respect of the Premises so to be conveyed from the Death of the said Sir Richard Ashfield, and thereby set aside Part of the Petitioner's said Jointure Settlement of One Thousand Six Hundred Seventy-five, on Pretence that the said Sir Richard did not intend the Whole he had thereby settled, and on Pretence that the said Settlement in One Thousand Six Hundred Seventy-five was voluntary, and that the Petitioner had accepted the Deed of One Thousand Six Hundred Seventy-eight, for her Jointure," as amongst other Things in the said Appeal is set forth; as also upon hearing Counsel upon the Answer of the said Richard Ashfield and Anne Ashfield put in thereto:

Vide 21 Decemb. 1689.

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decrees made on the Behalf of Richard Ashfield Esquire, and Anne Ashfield Spinster, [ (fn. 1) whereby Dorcas Lady Ashfeild's Jointure, by the Deed of One Thousand Six Hundred Seventy-five, is impeached as to so much as relates to the said Jointure by the said Deed] be, and are hereby, reversed; and that the Petitioner's whole Jointure by the Settlement of One Thousand Six Hundred Seventy-five be, and is hereby, confirmed.

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum (fn. 2) continuandum esse usque in diem Mercurii, videlicet, 24^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.