The effect of a Bill exhibited in Parliament by Sir Francis Englefield Baronet.  
ANthony the now Visconte Montague purposing irrecoverably to settle his estate, doth in the year 1611. covenant with the Lord Dormer his uncle, Sir Francis Englefield his brother in law, and Sir john Dormer Knight, to stand seized of the greatest part of his lands to himself for life, the remainder to his only son Fran. Browne, with diverse remainders over to the next heir male of his house; and for the residue of his lands he doth by bargain, sale, deed enrolled, and recovery, absolutely convey them to the said Covenantees and their heirs, upon trust nevertheless expressed in the said deed that they would therewith within 10 years pay all his then debts contained in a schedule annexed, amounting near to 7000 l: and within 20 years raise the sum of 20000 l. payable in marriage portions for all his six daughters, of which he appointeth to Marie 10000 l. to Katherine 4000 l. to Frances 2000 l. to jane 2000 l. and 1000 l a piece to his other two daughters; and upon further trust( these debts & marriage portions paid) that these Feoffees would with the remain of the lands unsold provide for all his younger sons, and for want of younger sons to reassure the same remain on the next heir male of. 〈◊〉 house; The Visconte thereby likewise last covenanteth not to stir, alter nor encumber this his estate so firmly settled, and giveth to these three Feoffees a recognizance of 20000 l. defeazanced for his performance of the said covenant, which canceled he acknowledgeth to them a statute of 20000 l. intended to have been defeazanced as the said recognizance was.  
The lands so conveyed to these Feoffees, they do quietly enjoy 4 years, in which time( with the sale of very little part) they do pay most of these debts and Katherine's 4000 l marriage portion. Then by Mary's marriage with William Lord St. john son to the Marquis of Winton. her 10000 l portion did likewise grow due, the whole interest of which is by the joint deed of the Visconte, the Lord St. john and his Lady, made over to the Marquis, who by articles agreed before marriage was to receive the same, and in lieu thereof to make his said son's wife a jointure of 1200 l a year; of this assignment made, the Lord St. john and his Lady do by their joint letters written the 28. Novemb. 1613. to these Feoffees, give them notice, who accordingly do make agreement with the Marquis to pay the same at 3 equal payments in the 3 Easter terms 1615, 1616, and 1617.  
The Lady St. john who hitherto had lived in good amity with her husband, through ill counsel now leaveth his house and company, and being put in hope to obtain both this 10000 l marriage portion and this jointure of 1200 l a year, she first by a petition to his Majesty procureth these payments to the Marquis to be inhibited, and then viz. 12. Febr. 1616. exhibiteth a Bill in Chancery against Sir Francis Englefield in the name of herself and her husband, pretending that the interest of this 10000 l marriage portion did then rest in her husband, with whom she saith she had made an agreement to receive 9000 l thereof for her sustentation and maintenance, which with damages for detaining the same from her, she requireth of the defendant. In Easter Term 1617. the Lo. St. john having notice of this his wife's fraudulent bill exhibited in his name without his privity; and conceiving the same to be done purposely to wrong his father and himself, he therefore 12. May. 1617. by his counsel in the open Court of Chancery disclaimeth this his wife's bill, and denieth to have made with her any agreement whereby she might challenge any part of this marriage portion; notwithstanding which disclaim resting upon record, she procureth this 9000 l for her sustentation and maintenance, together with 2500 l more 5. jun. 1617. to be decreed unto her, which Sir Fra. Englefield knowing not to be warranted by the trust, refused to pay, and was for the same committed to the prison of the Fleet, from whence he could not be discharged until after nine months imprisonment he had paid to the said Lady St. john all the moneys then in his hands, by reason of this trust being 10000 l.  
Upon this fraudulent and disclaimed Bill many orders have been made, amongst which 11. jun. 1618. it was upon this Lady's motion ordered, that if Sir Fra. Englefield should not forthwith account for these trust moneys, and assign over the said trusts to Sir George Moor, Sir john Walter, and M. Tho. Spencer, he should again be committed, and a Fine of 500 l is set on his head; which Sir Fra. Englefield conceiving to be no breach of the trust, he therefore by his petition resting upon Record, proffered the same, & tendered performance thereof accordingly, as shall appear testified under the hands of the Lord Chancellor himself and two of the Masters of the Court; yet as if he had refused to assign or account, is he again upon this order( without any warrant for his commitment) violently drawn to the prison of the Fleet, where he continued full 21 months more; and the said Lady St john having by means of false suggestions made to his Majesty, procured a grant of this 500 l pound fine, judgement is given against Sir Francis Englefield contrary to law for this 500 l, which forthwith is levied out of his goods and paid unto her.  
The lands subject to this trust being by the strongest assurance of the Law so conveyed to these three Feoffees, and no power thereby left in the Viscount to stir or alter the same, nevertheless in May 1615. he exhibiteth a bill in Chancery against the said Feoffees, pretending thereby that they had broken this trust, as also that they desired to be disburdened from the same, and therefore prayed that by the authority of the Court they might be enjoined to assign this trust to such other new Feoffees as he should nominate▪ In answer to which bill, the Defendants do on their oath deny to have broken or neglected this trust, or that ever they desired to be freed from the same; it was nevertheless 16. july. 1617. upon the Viscounts motion( without proof of witness or hearing the Defendants counsel) ordered, that the possession of these lands shall be taken from the Defendants and delivered to Sir Geo. Moor, Sir Io. Walter, and M. Tho. Spencer, whom the Viscount did then nominate as new Feoffees to execute this trust, unto whom likewise he procureth by a writ dated the 18 of july, and directed to the Sheriff of Sussex the possession of the said lands trusted to be delivered, and the said new Feoffees by virtue thereof have ever since taken the whole profit● of the said lands, and thereby raised at least 16000 l.  
The Lady St. john fearing now the lands trusted were taken from the first Feoffees to lose the benefit of her aforesaid decree, by which she was to receive out of the same the sum of 11500 l. procureth by four several orders made in the months of December 1617., and April, May and june follow●●●, the Viscount and his said new Feoffees to be enjoined with the whole mean profits of these lands, first to make her satisfaction, than the residue of the Viscounts daughters their marriage portions unpaid, and lastly to employ the remain according to the direction of the said trust, in contempt of which order the Lady St. john perceiving her father and his aforesaid new Feoffees to convert the whole profits of the lands trusted to their own private, she threateneth to complain of the wrong done her; her father therefore to give her satisfaction proffereth her 600 l a year out of the same until her money were paid, which she the better to be assured of to receive, procureth to be ordered unto her by the Court.  
But this 600 l a year not long contenting the Lady St. john, she requireth her money decreed unto her, in lieu of which the Viscount is well pleased that she have the Manor of Northey and diverse houses in Saint Marie Oueries being both better worth to be sold then 20 000 l, yet this to be unto her but in part of her satisfaction; so he and his new Feoffees might enjoy the residue and not be questioned for the mean profits of the said lands which so unjustly they had detained, and this trust might be destroyed: which proffer the Lady St john's accepting, it is resolved a decree must be gotten to enforce Sir Francis Englefield and Sir john Dormer thereunto, in whom the sole interest of the said lands after the death of the Lord Dormer did rest; but how to procure this decree to destroy this trust( which the Viscount by his bill seemed desirous should subsist) and to cross not only the Viscounts bill upon which it was made, but the aforesaid decree made upon the Lady St john's bill and all former orders and proceedings in Court upon these bills, was holden a matter impossible to procure; nevertheless by the means of great bribes given and more promised by the Viscount( which bribes are confessed in Parliament) this Decree is made, bearing date the 23 of june 1618.  
The Lord Chancellor who made this Decree, well knowing the same by the ancient practice of the Court( as having no ground) to be void in itself, would therefore( notwithstanding the aforesaid bribes) so long as he sat( which was near three years after) never suffer any execution of this Decree, yet to give the Viscount some content, it was upon his motion made the 20 of May 1620. ordered, that if Sir Francis Englefield did not by the second Return of the next Term give unto the Viscount an account of these trust moneys, a Fine of 1000 l was imposed on him: which account( though never demanded by the Viscount) Sir Francis Englefield in the Viscounts absence again proffereth to his chief Counsellor and only Solicitor of this cause; yet nevertheless, as if he had disobeyed this order, he is by means of the Viscounts bribes yet fresh in memory by an order of the 5. of july 1620. censured to have forfeited this Fine, and a Scire facias is accordingly awarded against him, to show cause why this 1000 l Fine should not be levied out of his goods, to which writ, by reason of the uncertainty, the Defendant could not plead, and therefore did demur to the insufficiency of the said writ.