The
CASE
of
the
Lady
Bridgman
:
A
Real
Mortgagee
of
an
Estate
in
Essex
for
2000
l.
Principal-Money
.
Upon
the
PETITION
of
Josiah
Thwaites
,
who
pretends
Title
to
the
said
Estate
.
WILLIAM
THWAITES
being
Owner
of
the
said
Estate
,
12
Dec.
1678.
settles
the
same
to
the
Use
of
himself
and
his
Wife
for
their
Lives
;
Remainder
to
Thomas
his
second
Son
,
and
Frances
his
Daughter
,
and
their
Heirs
.
Upon
the
Death
of
William
and
his
Wife
,
and
Thomas
,
without
Issue
,
this
Estate
vested
in
Frances
,
who
intermarried
with
one
Mr.
Dye
.
That
after
Marriage
,
Dye
enquiring
for
the
Deed
of
Settlement
,
and
finding
it
in
the
hands
of
one
Mr.
Heath
,
(
who
was
Guardian
,
or
concerned
for
the
Heir
at
Law
,
)
and
that
the
same
was
razed
,
and
the
Name
of
James
,
the
Heir
at
Law
,
inserted
,
instead
of
Frances
the
Daughter
.
The
said
Dye
and
his
Wife
brought
their
Bill
in
the
Exchequer
,
Trin
.
Term
1682.
to
discover
and
be
Relieved
against
this
practice
.
After
an
Hearing
in
Equity
,
15
June
1683.
a
Tryal
was
had
at
the
Bar
of
that
Court
by
a
Special
Jury
of
Gentlemen
;
who
,
after
a
long
Examination
of
Witnesses
,
gave
a
Verdict
,
That
the
said
Deed
of
Settlement
was
razed
after
the
Execution
thereof
;
And
that
the
Name
of
James
was
inserted
instead
of
Frances
;
and
the
said
James
and
his
Friends
appearing
to
be
fully
satisfied
therein
,
and
not
pretending
any
surprize
or
want
of
Witnesses
,
A
Decree
was
made
according
to
the
said
Verdict
,
for
the
Right
and
Title
of
the
said
Dye
and
his
Wife
;
and
they
quietly
enjoyed
the
Estate
for
many
Years
;
and
afterwards
wanting
2000
l.
upon
a
Mortgage
thereof
,
The
Lady
Bridgman
being
advised
she
might
safely
lend
her
Money
upon
a
Title
so
solemnly
setled
and
determined
by
the
said
Tryal
and
Decree
,
did
lend
the
said
Dye
and
his
Wife
2000
l.
upon
a
Mortgage
of
the
said
Estate
.
That
after
the
Lady
had
parted
with
her
Money
,
the
said
James
Thwaites
Appealed
from
the
said
Decree
,
and
Obtained
an
Order
for
a
Second
Tryal
,
if
he
should
think
fit
:
But
the
said
James
upon
Enquiry
,
being
,
as
is
believed
,
well
satisfied
of
the
Truth
of
the
Case
,
sate
still
for
Eight
Years
after
,
and
never
offered
to
Try
it
again
;
but
died
about
Three
Years
ago
.
That
since
his
Death
,
the
Petitioner
Josiah
Thwaites
,
his
Son
and
Heir
,
in
Trinity-Term
last
did
bring
the
Cause
on
to
Tryal
,
and
(
as
the
said
Lady
Bridgman
hath
reason
to
believe
,
being
under-hand
assisted
therein
by
the
said
Mr.
Dye
,
who
hath
Mortgaged
and
Incumbred
the
Estate
to
the
full
Value
thereof
,
and
is
a
Prisoner
,
and
unable
to
pay
the
said
Mortgage-money
)
hath
obtained
a
Verdict
different
from
the
former
Tryal
;
And
hath
now
Petitioned
to
have
the
first
Decree
Reversed
,
the
Consequence
whereof
must
be
the
total
Loss
of
the
said
2000
l.
Mortgage-money
,
and
near
1200
l.
due
for
the
Interest
of
the
same
.
The
Lady
Bridgman
humbly
hopes
your
Lordships
will
be
pleased
to
Grant
her
another
Tryal
in
this
Case
,
and
an
Order
for
to
give
in
Evidence
her
Mortgage
upon
such
Tryal
.
-
I.
For
that
She
is
an
Innocent
Mortgage
,
lent
her
Money
upon
the
Faith
and
Credit
of
the
Tryal
at
Bar
,
and
the
Decree
of
the
Court
of
Exchequer
grounded
thereupon
,
after
an
Acquiescence
under
that
very
Tryal
and
Decree
for
many
Years
;
and
although
for
part
of
that
time
the
said
James
Thwaites
was
a
Minor
,
yet
for
about
Ten
Years
before
his
Death
he
was
of
full
Age
.
-
II
.
For
that
the
said
James
Thwaites
,
after
he
had
leave
to
Try
the
Cause
again
,
sate
still
for
at
least
Eight
Years
together
,
and
never
proceeded
therein
,
being
all
that
time
of
full
Age
.
-
III
.
For
that
the
first
Tryal
was
a
most
solemn
Tryal
at
the
Bar
,
and
brought
to
Tryal
when
Matters
were
fresh
,
and
in
memory
,
and
when
several
Witnesses
were
living
,
of
whose
Testimony
the
said
Lady
at
this
second
Tryal
was
deprived
by
their
Deaths
;
And
too
much
relying
upon
the
former
Tryal
,
and
so
long
a
Possession
,
made
her
Agents
more
careless
in
these
Matters
.
-
IV
.
For
that
the
last
Verdict
,
as
she
humbly
conceives
,
was
against
the
Weight
of
the
Evidence
;
And
upon
which
Matter
,
in
case
the
Cause
had
depended
in
Westminster-Hall
,
she
hath
great
Reason
to
believe
the
Court
would
without
difficulty
have
granted
her
a
New
Tryal
,
and
not
have
for
ever
concluded
her
Right
thereby
,
especially
when
at
most
there
is
but
Verdict
against
Verdict
;
and
so
in
Justice
she
is
Intitled
to
another
Tryal
:
And
also
,
when
she
hath
great
Reason
to
fear
,
that
Mr.
Dye
the
Mortgagor
having
made
the
most
of
his
Estate
,
is
,
in
the
bottom
,
in
the
Interest
of
his
Nephew
to
defeat
the
Mortgagee
of
her
Money
.
And
when
the
said
Lady
applied
to
the
Court
of
Exchequer
for
another
Tryal
,
she
was
Justly
answer'd
,
That
the
Cause
being
before
your
Lordships
,
and
the
said
Tryal
being
by
the
Direction
of
the
House
of
Lords
;
therefore
the
Court
of
Exchequer
could
do
nothing
therein
:
And
she
being
for
ever
disabled
,
without
your
Lordships
direction
,
to
Try
this
Matter
again
;
The
said
Lady
humbly
prays
,
that
your
Lordships
would
be
pleased
to
Grant
her
a
New
Tryal
in
this
Case
,
and
then
she
doubts
not
but
to
satisfy
your
Lordships
and
the
Jury
of
the
Razure
of
the
said
Deed
after
it
was
executed
,
and
of
the
Justice
of
her
Cause
herein
.
Sam
.
Dodd
.