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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A00287 The effect of a bill exhibited in Parliament by Sir Francis Englefield, Barronet 1621 (1621) STC 10406.5; ESTC S3172 3,608 1

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The effect of a Bill exhibited in Parliament by Sir Francis Englefield Barronet ANthony the now Visconte Montague purposing irrecouerably to settle his estate doth in the yeare 1611. couenant with the Lord Dormer his vncle Sir Francis Englefield his brother in law and Sir Iohn Dormer Knight to stand seised of the greatest part of his lands to himselfe for life the remainder to his onely sonne Fran. Browne with diuers remainders ouer to the next heire male of his house and for the residue of his lands he doth by bargain sale deed enrouled and recouery absolutely conuey them to the said Couenantees and their heires vpon trust neuerthelesse expressed in the said deed that they would therewith within 10 yeares pay all his then debts contained in a shedule annexed amounting neare to 7000 l and within 20 yeares raise the summe of 20000 l payable in mariage portions for all his six daughters of which he appointeth to Marie 10000 l to Katherine 4000 l to Frances 2000 l to Iane 2000 l and 1000 l a peece to his other two daughters and vpon further trust these debts mariage portions paid that these Feoffees would with the remain of the lands vnsold prouide for all his yonger sonnes and for want of yonger sonnes to reassure the same remaine on the next heire male of 〈◊〉 house The Visconte thereby likewise lastly couenanteth not to stir alter nor incumber this his estate so firmly setled and giueth to these three Feoffees a recognisance of 20000 l defeazanced for his performance of the said couenant which cancelled he acknowledgeth to them a statute of 20000 l intended to haue been defeazanced as the said recognisance was The lands so conueyed to these Feoffees they do quietly enioy 4 yeares in which time with the sale of very little part they doe pay most of these debts and Katherines 4000 l mariage portion Then by Maries mariage with William Lord St. Iohn sonne to the Marques of Winton her 10000 l portion did likewise grow due the whole interest of which is by the ioynt deed of the Visconte the Lord St. Iohn and his Lady made ouer to the Marques who by articles agreed before mariage was to receiue the same and in liew thereof to make his said sonnes wife a ioyncture of 1200 l a yeare of this assignement made the Lord St. Iohn and his Lady do by their ioynt letters written the 28. Nouemb. 1613. to these Feoffees giue them notice who accordingly do make agreement with the Marques to pay the same at 3 equall payments in the 3 Easter termes 1615 1616 and 1617. The Lady St. Iohn who hitherto had liued in good amitie with her husband through ill counsell now leaueth his house and company and being put in hope to obtain both this 10000 l mariage portion and this ioynture of 1200 l a yeare she first by a petition to his Maiestie procureth these paiments to the Marquis to be inhibited and then viz. 12. Febr. 1616. exhibiteth a Bill in Chancery against Sir Francis Englefield in the name of her selfe and her husband pretending that the interest of this 10000 l mariage portion did then rest in her husband with whom she saith she had made an agreement to receiue 9000 l thereof for her sustentation and maintenance which with damages for detaining the same from her she requireth of the defendant In Easter Terme 1617. the Lo. St. Iohn hauing notice of this his wifes fraudulent bill exhibited in his name without his priuitie and conceiuing the same to be done purposely to wrong his father and himselfe he therefore 12. May. 1617. by his counsell in the open Court of Chancery disclaimeth this his wifes bill and denieth to haue made with her any agreement whereby she might challenge any part of this mariage portion notwithstanding which disclaime resting vpon record she procureth this 9000 l for her sustentation and maintenance together with 2500 l more 5. Iun. 1617. to be decreed vnto her which Sir Fra. Englefield knowing not to be warranted by the trust refused to pay and was for the same committed to the prison of the Fleete from whence he could not be discharged vntill after nine moneths imprisonment he had paid to the said Ladie St. Iohn all the moneys then in his hands by reason of this trust being 10000 l Vpon this fraudulent and disclaimed Bill many orders haue been made amongst which 11. Iun. 1618. it was vpon this Ladies motion ordered that if Sir Fra. Englefield should not forthwith account for these trust moneys and assigne ouer the said trusts to Sir George Moore Sir Iohn VValter and M. Tho. Spencer he should againe be committed and a Fine of 500 l is set on his head which Sir Fra. Englefield conceiuing to be no breach of the trust he therefore by his petition resting vpon Record proffered the same tendred performance thereof accordingly as shall appeare testified vnder the hands of the Lord Chancellour himselfe and two of the Masters of the Court yet as if he had refused to assigne or account is he againe vpon this order without any warrant for his commitment violently drawne to the prison of the Fleet where he continued full 21 months more and the said Lady St Iohn hauing by meanes of false suggestions made to his Maiestie procured a grant of this 500 l pound fine iudgement is giuen against Sir Francis Englefield contrary to law for this 500 l which forthwith is leuied out of his goods and paid vnto her The lands subiect to this trust being by the strongest assurance of the Law so conueyed to these three Feoffees and no power thereby left in the Viscount to stir or alter the same neuerthelesse in May 1615. he exhibiteth a bill in Chancery against the said Feoffees pretending thereby that they had broken this trust as also that they desired to be disburdened from the same and therefore praid that by the authoritie of the Court they might be enioyned to assigne this trust to such other new Feoffees as he should nominate In answer to which bill the Defendants doe on their oath denie to haue broken or neglected this trust or that euer they desired to be freed from the same it was neuerthelesse 16. Iuly 1617. vpon the Viscounts motion without proofe of witnesse or hearing the Defendants counsell ordered that the possession of these lands shall be taken from the Defendants and deliuered to Sir Geo. Moore Sir Io. VValter and M. Tho. Spencer whom the Viscount did then nominate as new Feoffees to execute this trust vnto whom likewise he procureth by a writ dated the 18 of Iuly and directed to the Shiriffe of Sussex the possession of the said lands trusted to be deliuered and the said new Feoffees by vertue thereof haue euer since taken the whole profit● of the said lands and thereby raised at least 16000 l The Lady St. Iohn fearing now the lands trusted were taken from the first Feoffees to lose the benefit of her aforesaid