







 
   
     
       
         The case of Thomas Lord Fairfax, and Katherine his wife; and John Peshall Esquire, and Charlotte his wife
         Fairfax, Thomas Fairfax, Baron, 1657-1710.
      
       
         
           1698
        
      
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         A40751
         Wing F255B
         ESTC R218943
         99830494
         99830494
         34946
         
           
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             The case of Thomas Lord Fairfax, and Katherine his wife; and John Peshall Esquire, and Charlotte his wife
             Fairfax, Thomas Fairfax, Baron, 1657-1710.
          
           1 sheet ([1] p.)
           
             s.n.,
             [London :
             1698]
          
           
             Imprint from Wing.
             Reproduction of the original at the Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           Inheritance and succession -- England -- Early works to 1800.
        
      
    
     
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           THE
           CASE
           OF
           THOMAS
           Lord
           Fairfax
           ,
           and
           Katherine
           his
           Wife
           ;
           And
           John
           Peshall
           Esquire
           ,
           and
           Charlotte
           his
           Wife
           .
        
         
           
           THOMAS
           late
           Lord
           Culpeper
           ,
           by
           Indentures
           dated
           (
           as
           in
           the
           Margent
           )
           Settles
           his
           Estate
           on
           divers
           Persons
           therein
           named
           to
           the
           Use
           of
           himself
           for
           Life
           ,
           and
           after
           for
           the
           benefit
           of
           several
           Persons
           for
           whom
           he
           had
           respect
           ,
           and
           took
           himself
           to
           be
           obliged
           to
           provide
           for
           ,
           amongst
           others
           ,
           for
           the
           raising
           of
           Three
           thousand
           Pounds
           Portion
           for
           Charlotte
           ,
           now
           the
           Wife
           of
           the
           said
           
             John
             Peshall
          
           ,
           payable
           at
           her
           Attainment
           of
           the
           Age
           of
           One
           and
           twenty
           ,
           or
           day
           of
           Marriage
           .
        
         
           That
           by
           the
           said
           Deed
           ,
           there
           are
           divers
           Estates
           and
           Limitations
           made
           ,
           and
           granted
           to
           and
           for
           the
           benefit
           of
           the
           said
           Lady
           Katherine
           ,
           subject
           to
           the
           several
           Charges
           by
           the
           said
           Deed
           created
           ,
           and
           amongst
           others
           for
           the
           said
           3000
           l.
           
        
         
           Note
           ,
           In
           this
           Settlement
           a
           Power
           of
           Revocation
           is
           reserved
           to
           the
           said
           Thomas
           Lord
           Culpeper
           by
           Will
           or
           Deed
           ,
           to
           Alter
           ,
           Change
           ,
           or
           make
           Void
           any
           of
           the
           Estates
           ,
           Uses
           or
           Trusts
           ;
           and
           the
           Reversion
           in
           Fee
           is
           limited
           to
           the
           said
           Thomas
           Lord
           Culpeper
           and
           his
           Heirs
           .
        
         
           
           Thomas
           Lord
           Culpeper
           makes
           his
           Will
           and
           confirms
           the
           said
           Settlement
           ,
           and
           gives
           to
           the
           said
           Charlotte
           the
           Reversion
           of
           some
           Farms
           in
           the
           Isle
           of
           Wight
           ,
           and
           to
           the
           Heirs
           of
           her
           Body
           ;
           and
           for
           want
           of
           such
           ,
           to
           his
           own
           Right
           Heirs
           ;
           and
           soon
           after
           the
           said
           Thomas
           Lord
           Culpeper
           Dies
           .
        
         
           Thomas
           Lord
           Fairfax
           Marries
           the
           said
           Lady
           Katherine
           ,
           who
           was
           Sole
           Daughter
           and
           Heir
           of
           Thomas
           Lord
           Culpeper
           ;
           and
           finding
           by
           the
           said
           Deed
           and
           Will
           a
           considerable
           part
           of
           the
           Estate
           was
           to
           go
           from
           his
           Lady
           and
           her
           Heirs
           ,
           and
           what
           was
           to
           come
           to
           her
           was
           Charged
           with
           so
           considerable
           a
           Sum
           as
           3000
           l.
           to
           the
           said
           Charlotte
           ,
           and
           several
           other
           great
           Payments
           ;
           endeavoured
           to
           set
           aside
           ,
           and
           avoid
           the
           said
           Deed
           and
           Will
           ,
           or
           the
           Effect
           thereof
           ;
           and
           not
           only
           attempted
           it
           by
           Suits
           in
           the
           Ordinary
           Courts
           of
           Law
           ,
           but
           by
           a
           BILL
           in
           Parliament
           without
           Success
           .
        
         
           Whereupon
           ,
           The
           said
           Lord
           Fairfax
           finding
           he
           could
           not
           prevail
           against
           the
           said
           Deed
           of
           Settlement
           and
           Will
           ,
           did
           refer
           the
           Matter
           in
           difference
           between
           him
           and
           the
           Lady
           Katherine
           his
           Wife
           ,
           and
           the
           said
           
             John
             Peshall
          
           ,
           and
           Charlotte
           his
           Wife
           ,
           to
           several
           Honourable
           and
           Worthy
           Persons
           ,
           who
           upon
           examining
           into
           the
           same
           ,
           made
           an
           Agreement
           betwixt
           the
           Parties
           ,
           That
           the
           said
           Lord
           Fairfax
           should
           pay
           unto
           the
           said
           
             John
             Peshall
             4000
             l.
          
           and
           were
           of
           Opinion
           ,
           That
           it
           was
           necessary
           to
           apply
           to
           the
           Parliament
           for
           an
           Act
           ,
           for
           the
           more
           easie
           and
           better
           Raising
           the
           Money
           Charged
           on
           the
           Estate
           for
           the
           said
           Charlotte
           ,
           and
           for
           performing
           the
           Agreement
           in
           all
           its
           Parts
           .
        
         
           That
           accordingly
           a
           BILL
           was
           prepared
           and
           brought
           into
           the
           Honourable
           House
           of
           Commons
           ,
           who
           referred
           it
           to
           a
           Committee
           ;
           and
           the
           Right
           Honourable
           John
           ,
           now
           Lord
           Culpeper
           ,
           Petitioned
           against
           the
           Passing
           of
           the
           said
           BILL
           ,
           and
           was
           Heard
           by
           his
           Counsel
           before
           the
           said
           Committee
           ,
           who
           having
           maturely
           considered
           of
           the
           Matter
           ,
           passeth
           the
           BILL
           ;
           and
           now
           the
           said
           Lord
           hath
           Petitioned
           to
           be
           Heard
           at
           the
           Bar
           of
           the
           House
           before
           the
           BILL
           do
           Pass
           .
        
         
           The
           said
           Lord
           surmizes
           by
           his
           Petition
           ,
           That
           there
           were
           several
           Settlements
           made
           in
           the
           Family
           ,
           by
           which
           some
           Estate
           is
           limited
           to
           him
           ;
           he
           produced
           no
           such
           ,
           nor
           did
           make
           it
           Credible
           on
           any
           Reasonable
           Grounds
           .
        
         
           But
           the
           said
           Lord
           alleadges
           ,
           That
           the
           Committee
           Ordered
           the
           Lord
           Fairfax
           to
           produce
           a
           Deed
           of
           Settlement
           of
           the
           Estate
           in
           1669
           :
           and
           he
           produced
           a
           pretended
           Copy
           .
        
         
           The
           Lord
           Fairfax
           produced
           all
           he
           had
           ,
           which
           was
           a
           Copy
           :
           But
           now
           one
           part
           of
           that
           Deed
           is
           obtained
           and
           ready
           to
           be
           produced
           ,
           which
           will
           justifie
           the
           Copy
           produced
           to
           the
           Committee
           to
           be
           True
           ;
           and
           that
           my
           Lord
           Culpeper
           can
           claim
           nothing
           by
           Colour
           of
           that
           Settlement
           ,
           the
           Estate
           being
           thereby
           limited
           to
           the
           Heirs
           Males
           of
           Thomas
           Lord
           Culpeper
           by
           Margaret
           his
           Wife
           ;
           and
           for
           want
           of
           such
           ,
           to
           Thomas
           Lord
           Culpeper
           and
           his
           Heirs
           for
           ever
           .
        
         
           As
           for
           the
           Settlement
           alledged
           to
           be
           made
           on
           the
           Marriage
           of
           
             Alexander
             Culpeper
          
           ,
           Elder
           Brother
           to
           Lord
           Thomas
           ,
           and
           the
           present
           Lord
           John
           ;
           It
           does
           not
           stand
           to
           Common
           Reason
           there
           should
           ever
           be
           any
           such
           Settlement
           ,
           and
           upon
           strict
           Search
           no
           such
           Writing
           can
           be
           found
           :
           And
           for
           that
           John
           Lord
           
             Culpeper
             ▪
          
           Father
           of
           the
           late
           Lord
           Thomas
           ,
           and
           the
           Petitioner
           ,
           did
           out-live
           his
           Son
           Alexander
           ,
           and
           was
           seized
           in
           the
           Fee-simple
           of
           his
           Estate
           at
           his
           Death
           ;
           and
           by
           his
           Last
           Will
           charges
           and
           devises
           his
           Estate
           as
           a
           Fee-simple
           to
           his
           Eldest
           Son
           Thomas
           ,
           to
           dispose
           of
           as
           he
           thought
           fit
           .
        
         
           As
           to
           the
           Pretence
           ,
           That
           my
           Lord
           Culpeper
           could
           prove
           a
           Suppression
           or
           Concealment
           of
           Deeds
           ,
           if
           my
           Lord
           Fairfaix
           would
           wave
           his
           Priviledge
           ;
           't
           is
           very
           surprizing
           to
           find
           it
           in
           the
           Petition
           ,
           when
           no
           Evidence
           thereof
           was
           offered
           at
           the
           Committee
           ;
           And
           tho'
           the
           said
           Lord
           Culpeper
           did
           ask
           my
           Lord
           Fairfax
           once
           to
           wave
           his
           Priviledge
           ,
           he
           never
           would
           say
           to
           what
           end
           ,
           nor
           did
           my
           Lord
           Fairfax
           deny
           it
           .
        
         
           'T
           is
           likewise
           alleadged
           ,
           That
           Thomas
           Lord
           Culpeper
           was
           indebted
           to
           the
           said
           Petitioner
           in
           6000
           l.
           and
           that
           his
           Estate
           is
           Chargable
           with
           the
           Petitioners
           just
           Debt
           in
           Equity
           .
        
         
           'T
           is
           supposed
           ,
           That
           Matter
           (
           if
           lookt
           into
           )
           would
           prove
           an
           utter
           Mistake
           ,
           both
           as
           to
           the
           Debt
           and
           Remedy
           :
           For
           that
           the
           Lands
           mentioned
           in
           the
           BILL
           are
           not
           liable
           to
           pay
           the
           same
           ,
           as
           will
           appear
           by
           the
           Last
           Will
           of
           the
           Petitioner's
           Father
           .
        
         
           But
           besides
           ,
           in
           the
           BILL
           now
           before
           the
           House
           ,
           there
           is
           not
           only
           a
           general
           Saving
           Clause
           of
           all
           Persons
           Right
           ;
           but
           't
           is
           Consented
           ,
           the
           said
           Lord
           Culpeper
           shall
           have
           a
           particular
           Saving
           of
           all
           such
           Right
           ,
           Title
           or
           Claim
           ,
           as
           he
           hath
           ,
           can
           or
           may
           have
           in
           Law
           or
           Equity
           ,
           to
           all
           or
           any
           part
           of
           the
           Estate
           .
        
         
           Note
           ,
           This
           BILL
           doth
           not
           destroy
           or
           abridge
           ,
           or
           in
           any
           sort
           alter
           or
           prejudice
           any
           Ancient
           Settlement
           ,
           if
           there
           was
           any
           such
           ;
           nor
           concern
           any
           Person
           ,
           but
           such
           as
           were
           concerned
           in
           the
           said
           Reference
           and
           Agreement
           .
        
         
           Note
           ,
           That
           great
           part
           of
           the
           Estate
           setled
           in
           1669.
           was
           of
           Thomas
           Lord
           
           Culpeper's
           Purchase
           ,
           and
           with
           his
           Wives
           ,
           his
           then
           and
           yet
           living
           Wife
           Margarets
           Portion
           .
        
         
           Note
           ,
           And
           that
           Thomas
           Lord
           Culpeper
           in
           1686.
           suffered
           a
           Recovery
           ,
           and
           by
           Deed
           declared
           the
           Use
           to
           himself
           and
           his
           Heirs
           in
           Fee.
           
        
         
           Note
           also
           ,
           That
           the
           Petitioner
           ,
           during
           the
           Contest
           between
           the
           Lord
           Fairfaix
           and
           
             John
             Peshall
          
           ,
           and
           others
           ,
           touching
           the
           validity
           of
           the
           said
           Settlement
           of
           the
           4th
           of
           October
           ,
           and
           the
           said
           Lord
           
           Thomas's
           Will
           ,
           never
           set
           on
           Foot
           any
           Pretence
           for
           himself
           ,
           or
           would
           assist
           my
           Lord
           Fairfax
           .
        
         
           Note
           ,
           The
           Petitioners
           supposed
           Debt
           is
           of
           above
           Thirty
           years
           standing
           ,
           and
           his
           Demand
           which
           should
           arise
           on
           the
           Fancied
           Settlement
           is
           Eight
           years
           Old
           ,
           and
           no
           Suit
           hath
           been
           commenced
           for
           either
           .
        
         
           Wherefore
           't
           is
           hoped
           ,
           this
           Honourable
           House
           will
           not
           retard
           the
           Passing
           this
           BILL
           ,
           but
           look
           on
           the
           Objections
           thereto
           as
           proceeding
           from
           the
           Memory
           of
           some
           Vnkindnesses
           the
           Petitioner
           imagines
           were
           done
           to
           him
           by
           his
           late
           Brother
           ;
           in
           which
           the
           said
           Lord
           Fairfax
           and
           his
           Lady
           ,
           and
           the
           said
           Mr.
           Peshall
           ,
           were
           no
           ways
           concerned
           ,
           and
           therefore
           can
           deserve
           no
           Blame
           or
           Resentment
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A40751-e10
           
             3
             &
             4
             Octob.
             4
             Jac.
             2.
             
          
           
             19
             Jan.
             1688.
             
          
        
      
    
  

