THE CASE OF chaloner Chute Esquire, Upon his Appeal from two Decrees of the Court of Chancery, obtained against his Father and himself, at the Suit of the Right Honourable Dorothy Lady Dacre and others.  
Humbly offered to the Consideration of the Lords Spiritual and Temporal in Parliament Assembled.  
CHalloner Chute, the Appealants late Grandfather, upon his Marriage with the said Lady Dacre, did by Articles in October 1650. Covenant with Sir Dudley North her Brother, and Mr. Richard Barret her Son, as her trusties, to purchase, and settle, on the said Lady Dacre, within three Years then next, a Jointure of 500 l. per Annum Value: Or else, that in default of Settling such Jointure, 5000 l. part of a Debt of 7800 l. owing by the Late Earl of Arundel, should be received by the said Lady Dacre or her trusties, for the Benefit of her, her Executors and Administrators.  
After the Marriage, the Appealants said Grandfather purchased a House and Lands of 500 l. per Annum at Rohampton, with an intention to settle the same on the said Lady, pursuant to the said Agreement, and so he declared; but at her Importunity, he was prevailed upon to sell the same to the Countess Dowager of Devonshire, the said Lady Dacre having a good Present from the said Countess for her Consent: And thereupon she the Lady Dacre, chose to have Sutton-Court, and Lands at Chiswick in the County of Middlesex (which were of 600 l. per Annum Value, to be Settled on her and her trusties for her Jointure, (part whereof was of an undoubted Title, and other thereof was a Term for Years, held of the Dean of St. Paul's London, and the Inheritance thereof purchased under the Title of the then Usurping State,) whereupon the 7800 l. was received and disposed of by the Appellant's Grandfather in his Life time, without any Contradiction of the said Lady and her trusties, and the said Purchase and Settlement of the said Chiswick-Joynture, was made at the Request of the said Lady, and accepted by her, and her said trusties, both before and after the Death of the Appellants said Grandfather, (which happened in 1659.) as a full Satisfaction and Performance of the said Marriage-Articles: And the said Lady entered and enjoyed her said Jointure for about two years after her said Husband's Death.  
That the said Lady, having a Legacy in Plate and Goods, of about 900 l. Value, given her by her said Husband, and being evicted of Sutton Court by the Deans Restitution, she preferred her Bill in Chancery in her own, and her trusties Names, against the Appellants Late Father, as Heir and Executor of her said Husband, to have the said 5000 l. as if no Settlement had been made in pursuance of the said Marriage-Agreement, and likewise for the said Legacy of Goods. And in 1664. obtained a Decree against the Appellants Father, for the Sum of 5000 l. and Interest, out of the Assetts Real and Personal of his Father, and also a Decree for her said Legacy of Plate and Goods; although it appeared, that there wanted Assetts to pay Debts and Legacies: And by that Decree, the Reversion of an Estate called the Vine in Hampshire, expectant upon the Appealants Father and Mother's Lives, is subjected as Assetts in Law by Descent, when it should fall, to pay the said Ladies pretended Demand of 5000 l. and Interest.  
Soon after the said Decree, the Appealants Father and Mother Dying, and the Reversion thereby falling into Possession, the said Lady obtained a further Decree by Consent against the Appellant. during his Minority, for the Possession of the said Estate, called the Vine, and for cutting down Wood and Timber, and allowing 40 l. per Annum a piece out of the Appealants Estate, to three of her younger grandchildren, which by Law she was obliged to maintain; whereby, and by causing her Servant Mr. Owen, to take Administration of the Appealants Father's Estate; she seized all the Appealants Estate both Real and Personal.  
Which Proceed and Decrees are Erroneous and Unjust.  
1. For that the Decree orders 5000 l. and Interest to be paid in respect of Marriage-Articles, that were fully performed, even in the very Letter of them, and to the good liking, and full Satisfaction of the Parties; and when there was no Breach of Covenant, or any Action maintainable upon the said Articles.  
2. If there had been a Breach of Covenant, the Plaintiffs had no Equity, but might have pursued their Action at Law; and 'tis Error for Equity to make a Decree, where there is proper Remedy at Law, especially where Damages are to be Assessed by a Jury.  
3. For that no Interest or Damages ought to have been given, in regard the 5000 l. was in Nature of a Penalty, and only is ten Years Purchase for an old Life, Or if any Interest or Damages ought to be given. Yet,  
4. For that Interest or Damages are generally given: whereas they should (if any) have been given only to the time of the Decree, as they are always given to the time of the Recovery at Law; and they ought not to be given generally, or to the time of Payment; and Equity ought not to have given Damages, or further Relief than the Law would have done.  
5. For that the Decree hath not only given Interest in a Case where none could be given by law, but hath given Interest on a great part of that Interest directly: If it stand, the Lady will have as good as Interest upon Interest throughout.  
6. For that the Decree allows the Legacy of Plate and Goods valued by the Decree, at 900 l. when it appears there were no Assetts to pay Debts.  
7. For that the Reversion that is made Assetts did not come by Descent, but by Devise to the then Defendant, and therefore ought not to have been made liabie to the pretended Demand of the Lady.  
8. For that the Decree against the Petitioner, during his Minority, gives the Lady Dacre, and her Servant Mr. Owen, Liberty to Fell and Cut the Appealants Wood and Timber, which was beyond the Power of the Court to do.  
9 For that 120. l. per Annum, is Decreed out of the Appealants Estate, for the maintenance of the Lady's grandchildren, and whom She is obliged by Law to maintain.  
For which Reasons, the Appellant humbly prays the Decrees may be Reversed and set Aside.