THE CASE OF THOMAS Lord Fairfax, and Katherine his Wife; And John Peshall Esquire, and Charlotte his Wife.  

3 & 4 Octob. 4 Jac. 2.  THOMAS late Lord Culpeper, by Indentures dated (as in the Margin) 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.  

19 Jan. 1688.  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 easy 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 Herd 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 Herd 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 justify 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 alleged 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 outlive 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 Privilege; 'tis very surprising 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 Privilege, he never would say to what end, nor did my Lord Fairfax deny it.  
'Tis likewise alleged, That Thomas Lord Culpeper was indebted to the said Petitioner in 6000 l. and that his Estate is Chargeable with the Petitioners just Debt in Equity.  
'Tis supposed, That Matter (if looked 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 'tis 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 settled in 1669. was of Thomas Lord Culpeper's Purchase, and with his Wives, his then and yet living Wife Margaret's 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' 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 'tis hoped, this Honourable House will not retard the Passing this BILL, but look on the Objections thereto as proceeding from the Memory of some unkindnesses 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.