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<DATE>2014-09-25</DATE>
<RESPSTMT>
<NAME>Simon Charles</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch Z140311.pdcc.</ITEM>
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<IDG S="marc" R="OX" ID="B18617">
<STC T="W">C993A</STC>
<STC T="G">L.R.305.a.7.[16]</STC>
<STC T="C">R227764</STC>
<BIBNO T="umi">99887498</BIBNO>
<VID>190469</VID>
</IDG><!-- alt.stc GL.R.305.a.7.[16] --><!-- alt.stc CR227764 -->
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="statement">
<PB REF="1" MS="y">
<HEAD>THE CASE OF Sir Edward Turner, and Anne Gardiner RESPONDENTS, AGAINST The PETITION of Dame <HI>MARY T&V;RNER.</HI></HEAD>
<P>SIR <HI>William A&s;hton</HI> in con&s;ideration of a Marriage between <HI>Mary</HI> the Daughter of <HI>Henry Eure</HI> E&s;q; with <HI>William A&s;hton</HI> his Son, Demi&s;es unto the &s;aid <HI>Henry Eure</HI> and <HI>Stephen Eure,</HI> certain Lands in <HI>Milton</HI> and <HI>Tingry</HI> in the County of <HI>Bedford</HI> for Ninety-nine Years; The &s;aid <HI>Henry</HI> and <HI>Stephen Eure</HI> redemi&s;e the &s;ame to Sir <HI>William A&s;hton</HI> for Ninety-eight Years in tru&s;t for <HI>William A&s;hton</HI> his Son and the &s;aid <HI>Mary</HI> during their joynt Lives; and after in tru&s;t for the Survivour of them.</P>
<P><HI>William A&s;hton</HI> the Son dies, and <HI>Mary</HI> &s;urvives, and thereby becomes Intituled to the &s;aid <HI>Term</HI> in tru&s;t, du|ring the remainder of the &s;aid <HI>Term,</HI> if &s;he &s;hould &s;o long live.</P>
<P>About the Year 1653, Upon a Treaty of Marriage with the &s;aid <HI>Mary,</HI> Sir <HI>Edward Turner</HI> Late Lord Chief Baron of the <HI>Exchequer,</HI> &s;ettles a Joynture of 300 <HI>l. per Ann.</HI> or more upon her (which the &s;aid <HI>Mary</HI> hath ever &s;ince, and at this day doth enjoy) and thereupon the Marriage takes effect; by Vertue whereof the &s;aid Sir <HI>Edward Turner</HI> became Intituled to the &s;aid Tru&s;t for the remainder of the &s;aid <HI>Term</HI> of Ninety-eight Years, if the &s;aid <HI>Mary</HI> &s;hould &s;o long live.</P>
<P>Sir <HI>Edward Turner</HI> for and in Con&s;ideration of 2300 <HI>l.</HI> Grants and Relea&s;es (as by Law he might) the &s;ame to <HI>William Mole</HI> E&s;q; who had bought the Inheritance of the &s;aid Lands.</P>
<P><HI>William Mole</HI> in Con&s;ideration of a Marriage with <HI>Anne</HI> the Daughter of Sir <HI>William Botiler</HI> Knight, (which &s;aid <HI>Anne</HI> by a &s;econd Marriage is become <HI>Anne Gardiner,</HI> one of the now Re&s;pondents) and of 1500 <HI>l.</HI> Porti|on by his la&s;t Will and Te&s;tament, charges the &s;aid Lands with the Yearly Value of 180 <HI>l.</HI> payable to the &s;aid <HI>Anne Gardiner</HI> (which is all the &s;ettlement that was made upon the &s;aid <HI>Anne</HI> upon her Marriage) in lieu of a Joynture.</P>
<P>Sir <HI>Edward Turner</HI> in the Year 1676 dies, and Dame <HI>Mary</HI> the Relict of the &s;aid Sir <HI>Edward Turner,</HI> ex|hibits her Bill in <HI>Chancery</HI> again&s;t Sir <HI>Edward Turner,</HI> Son and Heir of the &s;aid Sir <HI>Edward Turner,</HI> and the &s;aid <HI>Anne Gardiner</HI> to have the &s;aid Deeds of Demi&s;e and Redemi&s;e, to the end &s;he might recover the &s;aid <HI>Term</HI> in Tru&s;t, and thereupon obtains a Decree.</P>
<P>Whereupon Sir <HI>Edward Turner</HI> and the &s;aid <HI>Anne Gardiner</HI> pre&s;ented a Petition of Appeal to the Lords Spiritual and Temporal in Parliament A&s;&s;embled, for the Rever&s;al of the &s;aid Decree, and upon the <HI>Twenti<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">h</HI> day of <HI>November,</HI> in the Year 1680. After due Con&s;ideration had of what was offered by the Council of either part, and hearing the Opinion of mo&s;t of the Judges, that the Husband may di&s;po&s;e of the tru&s;t of a Chattel Intere&s;t of his Wifes without her con&s;ent (which was the &s;ingle point in Que&s;tion) it was Ordered and Ad|judged by the Lords Spiritual and Temporal then in Parliament A&s;&s;embled, that the &s;aid Decree from which the &s;aid Sir <HI>Edward Turner</HI> and <HI>Anne Gardiner</HI> had appealed, &s;hould be and was thereby Rever&s;ed; as by the Journal of the Hou&s;e of Lords in the Year 1680. doth and may more at large appear.</P>
<P>There have been &s;ince the Year 1680. Several Parliaments holden, during all which time the &s;aid <HI>Anne Gardiner</HI> hath had the quiet Po&s;&s;e&s;&s;ion and Enjoyment of the &s;aid Rent Charge, in pur&s;uance of the &s;aid Judgment and Order of the Lords Spiritual and Temporal then in Parliament A&s;&s;embled, without any Mole&s;tation or Trouble given her by the Petitioner Dame <HI>Mary Turner</HI> or any other who&s;oever.</P>
<P>This being the true State of the Ca&s;e, It is Humbly Offered to Your Lord&s;hips Con&s;iderations, what Mi&s;|chiefs and Inconveniences may and will en&s;ue to the Subjects in general, if after &s;uch Solemn Hearings, Re&s;o|lutions and Judgments of the Highe&s;t Court of Judicature, there &s;hould be a Door open, or the lea&s;t Incou|ragement given to call in Que&s;tion, the Judgments and Decrees of this Honourable Court, and to controvert the &s;ame, without &s;hewing any Ground or Rea&s;on &s;o to do, but only upon a bare Prayer in a Petition, the rather, for that if &s;uch Pro&s;ecutions &s;hould be allowed, Cau&s;es would be endle&s;s, and no Man could ever know when he &s;hould have an end of his Suits, or have any fixed or certain Intere&s;t, &s;o as to be able to di&s;po&s;e of any E&s;tates which have been Controverted before Your Lord&s;hips in the High Court of Parliament.</P>
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