THE CASE OF Sir Edward Turner, and Anne Gardiner RESPONDENTS, AGAINST The PETITION of Dame MARY TƲRNER.
SIR William Ashton in consideration of a Marriage between Mary the Daughter of Henry Eure Esq; with William Ashton his Son, Demises unto the said Henry Eure and Stephen Eure, certain Lands in Milton and Tingry in the County of Bedford for Ninety-nine Years; The said Henry and Stephen Eure redemise the same to Sir William Ashton for Ninety-eight Years in trust for William Ashton his Son and the said Mary during their joynt Lives; and after in trust for the Survivour of them.
William Ashton the Son dies, and Mary survives, and thereby becomes Intituled to the said Term in trust, during the remainder of the said Term, if she should so long live.
About the Year 1653, Upon a Treaty of Marriage with the said Mary, Sir Edward Turner Late Lord Chief Baron of the Exchequer, settles a Joynture of 300 l. per Ann. or more upon her (which the said Mary hath ever since, and at this day doth enjoy) and thereupon the Marriage takes effect; by Vertue whereof the said Sir Edward Turner became Intituled to the said Trust for the remainder of the said Term of Ninety-eight Years, if the said Mary should so long live.
Sir Edward Turner for and in Consideration of 2300 l. Grants and Releases (as by Law he might) the same to William Mole Esq; who had bought the Inheritance of the said Lands.
William Mole in Consideration of a Marriage with Anne the Daughter of Sir William Botiler Knight, (which said Anne by a second Marriage is become Anne Gardiner, one of the now Respondents) and of 1500 l. Portion by his last Will and Testament, charges the said Lands with the Yearly Value of 180 l. payable to the said Anne Gardiner (which is all the settlement that was made upon the said Anne upon her Marriage) in lieu of a Joynture.
Sir Edward Turner in the Year 1676 dies, and Dame Mary the Relict of the said Sir Edward Turner, exhibits her Bill in Chancery against Sir Edward Turner, Son and Heir of the said Sir Edward Turner, and the said Anne Gardiner to have the said Deeds of Demise and Redemise, to the end she might recover the said Term in Trust, and thereupon obtains a Decree.
Whereupon Sir Edward Turner and the said Anne Gardiner presented a Petition of Appeal to the Lords Spiritual and Temporal in Parliament Assembled, for the Reversal of the said Decree, and upon the Twenti [...]h day of November, in the Year 1680. After due Consideration had of what was offered by the Council of either part, and hearing the Opinion of most of the Judges, that the Husband may dispose of the trust of a Chattel Interest of his Wifes without her consent (which was the single point in Question) it was Ordered and Adjudged by the Lords Spiritual and Temporal then in Parliament Assembled, that the said Decree from which the said Sir Edward Turner and Anne Gardiner had appealed, should be and was thereby Reversed; as by the Journal of the House of Lords in the Year 1680. doth and may more at large appear.
There have been since the Year 1680. Several Parliaments holden, during all which time the said Anne Gardiner hath had the quiet Possession and Enjoyment of the said Rent Charge, in pursuance of the said Judgment and Order of the Lords Spiritual and Temporal then in Parliament Assembled, without any Molestation or Trouble given her by the Petitioner Dame Mary Turner or any other whosoever.
This being the true State of the Case, It is Humbly Offered to Your Lordships Considerations, what Mischiefs and Inconveniences may and will ensue to the Subjects in general, if after such Solemn Hearings, Resolutions and Judgments of the Highest Court of Judicature, there should be a Door open, or the least Incouragement given to call in Question, the Judgments and Decrees of this Honourable Court, and to controvert the same, without shewing any Ground or Reason so to do, but only upon a bare Prayer in a Petition, the rather, for that if such Prosecutions should be allowed, Causes would be endless, and no Man could ever know when he should have an end of his Suits, or have any fixed or certain Interest, so as to be able to dispose of any Estates which have been Controverted before Your Lordships in the High Court of Parliament.