The effect of the Viscount Montague's bill exhibited in Parliament.  
THe Viscount on the behalf of himself and his daughters complaineth, showing that whereas in April 1611. he conveyed divers lands to Sir Robert Dormer, since Lord Dormer, Sir john Dormer Knight, and Francis Englefield then Esquire, now Baronet, upon trust for the payment of his debts being near 8000 l, & for raising of a sum not exceeding 20000 l for the marriage portions of his daughters, the remain to be reassured on the next heir male of his house.  
And whereas likewise he the said Viscount did convey unto the said persons the Manor of Wanbarow and diverse houses in St Mary Oueries for the raising of 6000 l more owing by him to his Majesty, which debt of 6000 l was satisfied by the sale of Wanborow only, and for the profits of the lands trusted, Sir Francis Englefield did take the same, and by four year's profits thereof and the sale of some part hath raised great sums.  
And whereas he the said Viscount by his deed dated the 25 of june 1613. did assign as parcel of the said 20000 l the sum of 10000 l to his daughter Mary now the Lady St john, to Katherine 4000 l, to Mary now wife to Robert Peter Esquire the sum of 2000 l, of which deed the Feoffees having notice did not make payment accordingly; neither are his the said Viscount's debts by them paid, but the Viscount enforced to pay part thereof himself; whereupon a bill was exhibited in Chancery by the Lord St john and his Lady for this marriage portion of 10000 l, which afterward was decreed to be paid with damages after 6 l for the 100 l.  
And whereas there was in the said assurances diverse errors, the said Viscount therefore exhibited his bill in Chancery against his three Feoffees aforesaid, desiring that he might name new Feoffees to whom the estate of these lands might be conveyed; for which purpose Sir George Moor, Sir john Walter and M. Thomas Spencer were by him nominated, who he desireth may hold the same to the aforesaid uses, upon which bill it was the 23 of june 1618. decreed, that Sir Francis Englefield and Sir john Dormer should convey the said lands to the aforesaid new Feoffees for the raising of money to satisfy the Lady St john and to discharge the residue of the trust, by which decree Sir Francis Englefield is enjoined to make his account, and to pay all moneys due on the same to the Viscount Montague with damages.  
In obedience of which decree, Sir john Dormer hath conveyed his interest in the lands trusted to the said new Feoffees, but Sir Francis Englefield denieth upon pretence that neither the Viscount's request nor the Decree of the Court can secure him.  
For that the performance of this trust doth much concern the Viscounts estate and his children, he desireth to have it enacted that Sir George Moor, Sir john Walter and M. Thomas Spencer shall have to them and their heirs such of the lands trusted as are yet unsold, together with the houses in S. Marie Oueries, upon trust and confidence that they shall by the sale of the lands unsold, or any part thereof, levy the remain of the Lady St john's portion unpaid, with the damages awarded, and the marriage portions of his other daughters unsatisfied, and the 1000 l parcel of the said 10000 l payable to the Marquis.  
It is further enacted in respect of the Lord Dormer deceased and Sir john Dormer have not received any rents or profits, nor intermeddled with the trust that they shall be discharged from the same; and that Sir Francis Englefield paying to the Viscount the moneys by him raised by sale or main profits of the said lands and now in his hands, shall likewise be discharged of the said trusts. And if Sir Francis Englefield do not before Whitsuntide next following make a just and perfect account and pay the arrearages with damages, that then the Viscount may have his action of account, and this act to be a sufficient ground of this action.  
And be it further enacted that all bonds entered into by the said Viscount unto Sir Robert Dormer, Sir john Dormer and Sir Francis Englefield, or any of them concerning the said lands and trust, shall be utterly void.  
And be it further enacted, when the said debts, portions, and damages shall be paid, that then the lands unsold shall be assured on Francis Browne Esquire, eldest son of the said Viscount, and the heirs males of his body: and if he die without issue male, then to the Viscount for life, and after to the heirs males of his body, and for want of such issue, then to his next heir male in blood, and to such further uses as are expressed in the book of trust: and the overplus of money arising by the profits or sail, shall be to the Viscount and his heirs.  
And it is further enacted, that the 1000 l. payable to the Marquis of Winton. parcel of the 10000 l marriage portion, being before the Annunciation 1622 discharged by Sir George Moor, Sir john Walter, & M. Thomas Spencer, the Lord Marquess' lands shall be discharged of the Lady St john's jointure and dowry, and that the Lord St johns and his heirs shall be acquitted and discharged from the Lady St john debts, charges & maintenance; and after payment made to the Marquis of the 1000 l aforesaid, all leases and assurances made by the Viscount unto Sir Rich. Weston, Sir Rich. Farmer and Sir Ant. Maynie for the payment of the said 10000 l portion to the Marquis, shall be void.   

The several Answers to the said points.  
BY the trust as the same is laid down in the Viscounts bill, it appeareth that the persons trusted are Feoffees to the use of such next heir male of the Viscounts house as first after his death shall accomplish the age of 21 years, and not to the use of the Viscount, who by his deed under his hand and seal hath wholly deprived himself of all power to revoke or alter the same if he had any.  
The houses in St Marie Oueries are no part of the lands subject to this trust, yet by a Tacite trust to be assured on the next heir male of the Viscounts house, as by the Feoffees answer made upon oath to the Viscounts bill is set forth.  
The first Feoffees of this trust have by the same trust ten year's time to pay the Viscounts debts, and 20 years to raise 20000 l payable in marriage portions for the Viscounts daughters, most of which debts and Katherine's 4000 l marriage portion they paid with the four year's profits while they held the lands, since which time the Viscount himself and his new Feoffees have by the power of the Court of Chancery taken the same from them, and are now in full possession thereof, & have thereby raised near 16000 l, which contrary to diverse orders made in Chancery they paid not to the Lady St john nor towards the performance of the trust, but convert the same to their own use; the non payment therefore of the Lady St johns 10000 l not through the first Feoffees default but the Viscount's; no cause of this the Lady St john's suit, which she fraudulently exhibited in the Lord St john her husband's name, without his privity, and he therefore hath disclaimed the same, as appeareth upon record.  
There are no errors in these assurances, no cause therefore of this the Viscount's bill which he exhibited under pretence only to change the Feoffees of this trust, but with intent utterly to destroy the same. This Decree which is the ground of this bill in Parliament, was by the Viscount procured by bribes, and these bribes confessed in Parliament.  
By the trust this account is not to be made to the Viscount but to the next heir male of his house, yet hath Sir Francis Englefield always proffered the same, and to pay the arrearages if any be to the new Feoffees, so he may be secured from the heir male of the Viscounts house, to whom by the trust the same is payable.  
The Viscounts request nor a decree in Chancery can secure Sir Francis Englefield against such next heir male of the Viscounts house, who being an infant or a person unknown, cannot be made party to any bill, and therefore not to be bound by any Decree.  
The Viscount by this his bill pretendeth the performance of this trust, yet doth he utterly destroy the same by assigning the houses in St Mary Oueries (which are no part of the lands trusted) for the payment of the La. St john's portion.  
It is willingly granted that these new Feoffees shall be invested in the lands trusted, so as the same be from july 1617. ever since which time they have quietly held the lands without any interruption of the first Feoffees.  
The trust will allow no damages to be paid, the sum of 10000 l for a marriage portion & not otherwise being only due, and the Marquis having the interest of this marriage portion at the time when this bill was exhibited, this Lady could receive no damage, & therefore could expect no recompense.  
The Lord Dormer, and Sir john Dormer have intermeddled in this trust as fare as Sir Francis Englefield hath, only Sir Francis Englefield confesseth to have received and disbursed all the moneys by reason of this trust, and proffereth his account for the same, and for this purpose desireth that indifferent Auditors may be appointed.  
It is meant by this, to make voide the statute of 20000 l, acknowledged by the Viscount to the first Feoffees, for the performance of his covenants contained in the said book of trust: this therefore being parcel of the assurances, may not without destroying the trust be made void.  
The surplusage of the lands unsold, are by the trust appointed to raise portions for all the Viscount's younger sons, and for want of younger sons to be reassured on such next heir male of the Viscounts house as first after his death shall accomplish 21 years, the transferring therefore of these lands on the Viscount's son Francis Browne in the Viscounts life, is contrary to the direction of the said trust: the overplus of money likewise is by the trust appointed to the said next heir male of the Viscount's house; the Viscount therefore by requiring the payment of this overplus to himself, doth utterly destroy this trust.  
It appeareth by Articles before the Lady St john's marriage, and by a deed executed under the hands and seals of the Viscount, the Lord St john and his Lady made after marriage, that the Marquis of Winton, was to receive the whole 10000 l marriage portion; but it appeareth not how the Lord Marquis should have only 1000 l thereof, and to be discharged of the Lady St john's jointure.