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.