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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B08659 The case of the right honourable the Lord Leigh in answer to a printed paper entitled, The case of Dame Elizabeth, the vvife of said Thomas Lord Leigh of Stoneleigh, &c 1677 (1677) Wing C1157C; ESTC R175680 4,051 1

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equalterms prevailed with the Grandson tho then under Age to levy a Fine of his Estate also and to declare the Uses so as she might not be dowable thereof but with an intention still to reverse it when any reasonable settlement could be obtained of the Estate of which his inspection afterwards may be a sufficient evidence That not long after the late Lord Leigh dyed having committed the care and guardianship of his Grandson then a Minor to Sir William Bromley who had Married his Daughter and if his Lordship received that 1400 l. of the Wood money whereof 1000 l. is untruly suggested to be possessed by Sir William Bromley he made a full Recompence to his Grandson for it having discharged him of the Statute insisted on and other Debts made him sole Executor and left him a personal Estate to the value of several Thousands of pounds and much greater advantages then ever were talked on or proposed in any the marriage treaties That all the Estate thus faln in possession 't was hoped a better compliance would be on the Ladies Friends part then formerly but though she had been all along kindly treated and not with any those severities suggested yet her Friends designing still to get the Estate to themselves left no means unattempted both by Letters and otherwise to foment differences and occasion a separation nay so far to proceed as to make several attempts to take her away by force And if those proceedings and her own personal weakenesses which did not at all times render it convenient for her to go abroad did occasion a stricter inspection into her carriage and correspondencies then she was willing to admit yet was there no cause upon such untrue suggestions as were used which can be manifestly disproved either to cause his Lordship to be called up as he was first before his Majesty and Counsel and after in the Kings Bench where when be lay very dangerously ill of the Small Pox she obtained a Habeas Corpus and an Alias and Pluries to bring her up to London which produced those two Agreements insisted on The first by the Three Lords and the latter by the Judges And that neither of them was executed was her own and her Friends fault as he doubts not in due time to make it evidently appear Notwithstanding these provocations and the unjust blemishing of his Honor and Reputation yet they continue to cohabite at Stoneleigh till frustrated of other means in order to payment of Debts and Portions he breaks up house and by her consent and choice retires to Mr. Dovers and to remove all Jealousies all Servants she had any prejudice against were displaced and there notwithstanding the untrue suggestions to the contrary she was treated with great respect and had Coach and Servants to attend her when she desired save when 't was fitter for her to repose at home till by her Elopement in such a manner as she did she forfeited all the kindnesses could be expected from her Husband with what Honor to her self he could wish for her own sake had as well as her many other miscarriages in her ordinary conversation been kept from the World as a secret and that he might not by such unjust and scandalous reproaches as are used against him be compelled to make them more publick For what is said as to Sir William Bromely is ungrateful as well as for the most partuntrue it being notoriously known that he was far from widening diffeence and she justly owned many kindnesses from him And if any Plate Writings or other things were upon breaking up of house removed for safe custody to his House what fitter person to be entrusted then so near a Relation to whom the Grandfather for his known Prudence and Integrity had committed both his Person and Estate during minority And who when it shall properly come under Examination will appear to have reaped nothing but trouble by it the assignment so much noise is made of being but a transferring of the Mortgage on laying down of the Mortgage Money after a Bill exhibited to foreclose a Redemption And now after his Lordship has been unjustly brought upon the Stage in the Three great Tribunals of England his Honourable intentions of discharging his Fathers Debts and Sisters Portions prevented and he in danger of suffering other irreparable injuries in his Name Person and Estate whether he ought to encourage her in her disobedience by giving her a separate maintainance or reversing the Fine and letting her into his Estate when in truth he can have little or no benefit or advantage by hers is humbly submitted to the consideration of all Prudent and Good men
THE CASE Of the Right Honourable the Lord Leigh in Answer to a printed Paper entituled the CASE of Dame Elizabeth the VVife of the said Thomas Lord Leigh of Stoneleigh c. THAT the now Lady Leigh being proposed to the late Lord Leigh as a considerable fortune for his Grandson the now Lord Leigh he by his Agents entred into a treaty with her Mother then in truth the Wife of one Mr. Temple her concealed Husband but going by the name of Mrs. Brown about it But finding on information that her Estate consisted in Land and that incumbred and his occasions requiring monies to pay the debts of his deceased Son Sir Thomas Leigh for most part contracted in his late Majesties service and raising portions for his Daughters the now Lords Sisters being three he declined further treaty Wherewith the Mother being acquainted she to draw on the match declared that her Daughters Lands were 900 l. per Annum though in truth they never yet exceed 740 l. or thereabouts and for the most part not worth fourteen years purchase charged with 200 l. per Ann. for her Joynture and tho incumbred with 3000 l. debt for no more was spoken of tho others afterwards appeared yet that there was 3000 l. raised by sale of Woods which would clear the incumbrances that her Daughters Lands might be sold to serve all occasions and that if being under age her Daughter should die before sale ●et the Mortgages should be assigned for the Grandsons benefit so as the 3000 l. would come clear to him And in sum she would lay her Daughter and set Fortune at his Lordships feet to be disposed of at pleasure And with these and the like insinuations the late Lord was drawn to consent to the Match without any positive Agreement made about the Estate and she well knowing that his Quality and Estate might justly expect a better Fortune least second thoughts might prevent it got them forthwith married privately in London before almost any of his Friends knew of it That the Debts and Portions which for the most part were not as suggested charged on the Estate but yet in Honor and Conscience to be taken care of being on all treaties declared and intended to be provided for and therefore not concealed as is pretended the Mother and Daughter presently after the marriage were sent to veiw Ridware part of the Estate the Grandson had in possession and then to consider which was fittest for sale that or the Daughters his Lordship declaring and intending to endeavour to get an Act of Parliament to that purpose and for settlement of the whole in regard both were under Age. The Mother after view declares the Daughters estate fittest for sale and the Daughter in no sort gainsaid it But the Mother it seems intended nothing less for having got her own ends in the marriage she presently leaves Stoneleigh his Lordship House where they then lived pretending to go into Kent to mannage the Estate till disposed of and prevailed with the Son in Law and Daughter to go with her But being come thither she takes another method using all Artifices first to alienate his affections from his Grandfather and Relations and that not taking then to raise jealousies and dissentions betwixt him and his Wife That the Grandfather having discovered which till after the marriage was concealed tha her Mother and her Unkle Mr. William Andrews had procured the Lady at thirteen to levy a Fine of a great part of her Estate and to declare the use to the Mother and her Heirs in default of Issue of her own but with power of Revocation and the Parliament near approaching sent Proposals that 300 l. per Ann. of the Ladies Land might be sold for the ends supra which produced several Treaties But Mr. Andrewes who was employed on the Ladies part having laid a design by that Fine to get the Estate to his Sister and by consequence to himself came fraught with such extravagant demands and cavils as 't was evident no compliance was intended And the Mother at length declared that the Debts or Portions were only Provisions of Honor and her Daughters Estate should not be applyed to pay them so as all Treaties that way proved ineffectual That as to the Incumbrances upon her own estate 't is true the Wood had been sold by Indenture under Hand and Seal wherein Mr. Andrewes as the Ladies Guardian and the Mother by her Widdows name Brown sold the Wood for 3000 l. to herthen Husband Temple and two others But all that the Lord could receive of it and that not without suit neither was but 1400 l. for part was lost in Temple's hands and 1000 l. Mr. Andrewes received which was so far from being applied to discharge the Incumbrances that 't was rather to make Incumbrances For whereas part of the Estate was mortgaged to Mr. Farewell for 2000 l. that 1000 l. 't is true was paid to Mr. Farwell but Mr. Andrewes took Bonds for it from Mr. Farewell to his own use and having so done without the Grandsons though then married or Grandfathers privity gets that mortgage assigned to Mr. Bennet in consideration of 2000 l. borrowed and mentioned to be paid to Mr. Farewell but it truth he had but 1000 l. of it and the other was paid to Mr. Andrewes who thereupon Delivered up the Bonds and this 1000 l. still remains in his hands and other monies raised by Wood sales and Profits he though he stiled himself the Guardian in the Deed alledging he acted but as a Servant to the Mother and accounted to her and she that she was then a Feme Covert though that was concealed and not accomptable for what accrewed in Mr. Temple's time who was dead insolvent That the Grandfather failing of his expectations of other Provisions 't is true endeavoured an Act of Parliament for sale of Ridware for the honourable ends before mentioned But no ●a●●● being made for the Ladies Dower therein though that was after offered to be added it did not pass That being thus every way disappointed therein and considering that they who had perswaded the daughter at Thirteen to levy a fine and to pass by the Fathers Line by whom the estate came and to settle the Inheritance of failer of issue in the Mother and concealed it from him on the Marriage treaty did still drive on their designs to get the Estate to themselves and of keeping the now Lord Leigh from having advantage and benefit by it and that they were incouraged therein by their hopes that when the late Lord Leigh who was very old and infirm should dye and the Estate fall in possession upon the Grandson she would become dowable of the whole whereby in effect she would have all the advantage that could be out of his Estate and he little or none out of hers and that while those hopes remained they would not be brought to any reasonable settlement he that he might treat with them on