SIR Henry Wood being Owner of a Real Estate of about 3500 l. per annum , and a Personal Estate of good value , having Issue Mary Wood , his only Child , Anno 1671. An Overture was made to him by direction of his late Majesty King Charles II. for the Marriage of his said Daughter to the now Respondent , then Earl of Southampton : And it was offered by His Majesty , in behalf of the now Respondent , to settle 2000 l. per annum on the Respondent , and the said Mary , for her Joynture , with Remainder to the Issue of the Marriage ; Provided the said Sir Henry Wood would settle his Real Estate aforesaid , from and after his own death , upon the Respondent and the said Mary , and their Issue . Which Proposals Sir Henry Wood approved , as to the Settlement to be made on either side . But his Daughter being then but seven years of Age , and the Respondent but eleven years old ; Sir Henry Wood would not consent that the Marriage should be had till after his Daughter should have attained her Age of sixteen years , and then to be at her Election , whether she should Marry the Respondent or not . And those that Treated for the Respondent , insisting it might be to his disadvantage , if Mary should refuse to Marry him after her Age of sixteen years , ( in regard he must forgo all opportunities of his Preferment , in Marriage , in the mean time , ) Sir Henry Wood thereupon , and rather than he would consent to his Daughters Marriage before her Age of sixteen years , agreed that his Estate should stand charged with 20000 l. for the benefit of the Respondent , as a Recompence to him , in case Mary should refuse to Marry him after her Age of sixteen years .

And thereupon it was agreed , that the intended Marriage should not be had until after the said Maries Age of sixteen years ; and then to be at her Election to Marry the Earl or not , with a penalty of 20000 l. to be forfeited to the Respondent , in case she then refused to Marry him .

Sir Henry Wood having made this Agreement on the 23. of May 1671. being but two days before his death , made a Settlement of his Estate accordingly , which he did in confidence that the said 2000 l. per annum would have been settled according to the said Agreement ; and the same is mentioned to be in consideration of the settling of the said 2000 l. per annum , according to His Majesties offer . And by this Settlement his whole Real Estate , of the value of 3500 l. per annum , was conveyed to Trustees , upon Trust that they should receive the profits thereof till his Daughters Age of seventeen , or Marriage . And if after her Age of sixteen , and before seventeen , she should refuse to Marry the Respondent , then to pay the Respondent the said 20000 l. as a Recompence . But if the Marriage should take effect after her Age of sixteen , and they should have Issue Male , then the Trustees to stand seized in Trust for the Respondent , and the said Mary for their lives , with remainder to their Issue , in such manner as is therein limited .

But if the Marriage should not take effect after her Age of sixteen years , or in default of Issue of the Marriage ; Then the Trustees were to stand seized to such uses as the said Sir Henry Wood should declare by his last Will .

And at the same time Sir Henry Wood made his Will , ( bearing date the day after the Settlement ) whereby he recites and confirms the Settlement . And in case the Marriage should not take effect according to the purport of the Settlement ; Then he Devised his said Real Estate to his said Daughter for her life , with Remainder to her Issue by such other person as she should Marry . And for default of such Issue , he Intails the same on several of his own Relations , and particularly on the now Appellant , being his Nephew , for life , with Remainder to Henry his eldest Son in Tail Male , and to Charles his second Son in Tall Male , ( the Appellant and his Son , and their Issue , taking on them the name of Wood , ) with other Remainders over .

And he Devised the Rents and Profits of his Real Estate above what is appointed for his Daughters maintainance , ( which was to be 450 l. per annum , till her Age of twelve years , afterwards 550 l. per annum , till her Age of seventeen , ) and also all his Leases , and Personal Estate , to be laid out by his Trustees , and his Executors therein named , in purchases of Lands , which he Willed should be settled to the same uses as his Real Estate was to go . And Devised the Tuition , and Guardianship of his Daughter , and her disposal in Marriage , ( with such consent as in his Will ) to the Lady Chester , the Appellants Mother . And if she dyed , then to several other persons by name , of his own Relations succeslively . And appointed the Lady Chester , and Dr. Wood his Brother , his Executors in Trust for his Daughter , until such her Marriage , or Age of twenty one years , and then his Daughter to be Executrix . And the next day after making his Will Sir Henry Wood dyed , his said Daughter being then only of the Age of seven years .

The Lady Chester proved the Will , and took upon her the Guardianship , and Tuition of the said Mary Wood , intending to have continued the same until her Age of sixteen years , that so Mary might have had her free Election to Marry the Respondent or not , according to her Fathers intention expressed in his Settlement and Will : But within a few weeks after Sir Henry Woods death , she was taken from the Lady Chester her Guardian , against her consent , by , or by the procurement of , some persons nearly related to the Respondent . And though the Lady Chester made great application for the Restoring of her , yet the persons that detained her , being too great for her to contend withal , she could not prevail to have her restored . By Dr. Crew , then Bishop of Oxford at the L●dy Villar's House in Kingstreet , Westminster . But on the contrary , about seven weeks after Sir Henry Wood's death , she was privately Married to the Respondent , though she was then but about seven years old , and the Respondent but about eleven years of Age , and this without the Consent or privity of her Guardian , the Lady Chester , or any of the Trustees appointed by her Fathers Will , or the Joynture of 2000 l. per annum settled . And the better to colour this extraordinary proceeding , a Nuncupative Codicil was set up , and endeavoured to to be proved in the Prerogative Court , whereby it was pretended Sir Henry Wood , contrary to his Will in writing , ( which was made but the Evening before his death ) had bequeathed the Guardianship of his Daughter to her Grace the Duchess of Cleveland . But this project was spoiled by the Lord Chief Justice Hales , who upon examination of the Matter , Prohibited the proving of the Codicil .

However , By his Guardian Sir John Trevor , late Master of the Rolls , as Administrator , during the Minority of the Respondent . the Respondent , upon this Marriage ( such as it was ) Exhibited his Bill in the High Court of Chancery , against the Executors of Sir Henry Woods Will , suggesting that by this his Marriage , their Executorship was determined , and that his Wise was become Executrix , and the Respondent , in her Right , thereby intituled to the Personal Estate , and the Rents and Prosits of the Real Estate , and upon this account opposed the laying out of the same in Purchases of Lands , as Sir Henry Woods Settlement and Will had directed . And Mary ( being still detained from her Guardian ) at her Age of twelve years , was again Married to the Respondent , but without the consent , or so much as the knowledge , or privity of her Guardian , or any of her Trustees , and the 2000 l. per annum not yet settled . And upon this second Marriage , a new Bill was Exhibited against the Executors and this Appellant , to the same effect with the former , but nothing was done thereupon .

And on November 15. 1680. before any Settlement of the 2000 l. per annum , and before any Marriage , after her Age of sixteen years , Mary dyed , and without Issue , by reason whereof all the uses in the Settlement and Will , that were to arise on the Marriage with the Respondent became null and void . And the Rents and Profits of the Real Estate , above what was appointed for maintainance , and also the Personal Estate ought to have been laid out in Purchases of Lands , to be settled according to Sir Henry Woods Will , whereby the same would have come to the Appellant and his Sons , ( in Remainder after the death of the Bishop ) according to the express direction of the Will. And in the life time time of Mary , about 2000 l. thereof was accordingly laid out in a Purchase of Lands .

Nevertheless , The now Respondent having taken out Administration to Mary , and also Letters of Administration to Sir Henry Wood , with his Will annext ( though nothing of Kin to him ) in the year 1683. Exhibited a new Bill against the Executors of Sir Henry Wood's Will . And the Lady Chester ( one of the Executors ) dying , he revived the same against the Appellant , as Executor to the Lady Chester . And the effect of this Bill was to have the Personal Estate of Sir Henry Wood , and the Rents and Profits of the Real Estate to the time of Maries death , accounted for , and delivered to him the Respondent . And on hearing the Cause on the 27. day of October 1685. before the late Lord Chancellor Jefferies , his Lordship was pleased to declare , That it plainly appeared to be the intention of Sir Henry Wood , that the said Marriage should take effect before Maries Age of sixteen years ( though both the Settlement and Will appoints it to be between sixteen and seventeen ) And that by the Respondents Marriage ( which was in such manner as aforesaid , and not otherwise , ) the Executorship of the Lady Chester , and the Bishop determined . And that by the Marriage ( though no Settlement was made of the 2000 l. per annum on the Respondents part , or any Settlement at all on his part , ) the Respondent was become Intituled to , and ought to have an account of the whole Personal Estate that Sir Henry Wood left at his death , and the Rents and Profits of the Real Estate to the time of Maries death , and did Decree the same accordingly .

So that by this Decree , the whole Personal Estate of Sir Henry Wood , and also all the Rents and Profits of his Real Estate , from the time of his death , to the time of the death of Mary , ( which is about nine years ) is to go to the Respondent : Whereas by the Will of Sir Henry Wood , the same ought to be laid out in Purchases of Lands , to be settled according to Sir Henry Wood's Will , Whereby the same would come to the Appellant , and his Sons , as aforesaid . And in the Prosecution of this Decree , the Appellant , and other Defendants , are not only charged for the Personal Estate , and Profits that was remaining at Maries death , but also with the 2000 l. that was laid out in Lands , as if the same had yet continued Personal Estate .

Now the Appellant humbly conceives , ( Viz. ) By taking away of Mary , and Marrying of her under Age contrary to her Fathers Will and without a Settlement . and is advised that this Decree is Erroneous . First , Because the Decree is founded on a false Proposition , viz. That it was Sir Henry Wood's intention , that the Marriage with the Respondent should take effect before Maries Age of sixteen Whereas both by the Settlement and Will , it is appointed to be between sixteen and seventeen . Secondly , Because the Estate in question is Decreed to the Respondent , contrary the Settlement and Will of Sir Henry Wood , and that notwithstanding the 2000 l. per annum ( which was the consideration of Sir Henry Wood's Settlement ) was never settled , which is a strange sort of Equity . Thirdly , If this Decree should stand , the Respondent will profit by the Wrongs that have been done , which by a known Maxim no man is to do . And fourthly , It will be of dangerous Consequence , and may give Countenance to the Ravishment of Children from their Guardians , and Marrying them without any Settlement or Provision for them , though never so solemnly agreed .

Wherefore , And for many other Errors in the Decree appearing , the Appellant humbly prays that the same may be Reversed .