THE ANSWERS and CASE OF Francis Wyvill and and his Wife, To the Petition and Appeal of Dorothy Hewley, Exhibited by or on her behalf against them, to the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled.  
THAT the Respondent Anne was the Daughter of Sir William Caley, Baronet, and was about 1667. Married to Mr. Christopher Hewley, late of York Draper, who was then a Widower, and about the Age of Fifty years, and the Respondant Anne was then of about the Age of Twenty years.  
That there having been several Treaties concerning the said Marriage( before the same was had): At length it was concluded and agreed upon between the said Christopher Hewley and the Relations of the Respondant Anne, That in consideration of the said then intended Marriage, and of the Portion which the Respondant Anne was to have,( and which afterwards the said Christopher Hewley had and received) the said Christopher Hewley was to settle upon her( for her jointure, and in satisfaction of her Dower) Lands, Tenements, and Hereditaments of the clear Yearly value of One hundred and Thirty Pounds for her Life( in case the Marriage took effect, and she survived him.) Which Agreement was reduced into Articles under Hand and Seal.  
That pursuant to the said Agreement and Articles( and in part of performance thereof) the said Christopher Hewly did( at first) settle some Lands accordingly, but not of near the Yearly value of what he had agreed so to Settle: However the said Christopher Hewley( to enable him to perform his said Marriage Agreement) afterwards purchased other Lands, and( in completion of his said Agreement) Settled those Lands also, upon the Respondant Anne in full of her jointure, as he ought to have done. All the Lands Settled upon the Respondant Anne for her jointure being about One hundred and thirty Pounds per Annum, or under.  
That the said Mr. Hewley had Issue( by the Respondant Anne) Two Daughters, Viz. The appellants Dorothy and Anne, and no more Children, and died about Twenty years since: But the said Mr. Hewley( before his Decease) duly made and published his last Will and Testament in Writing,) Dated the Seventh of August 1670.) Wherein he mentions and expresses the respective Annual valves of the premises to be( in all) One hundred and thirty Pounds per Annum, and that he had before that time settled and Estated all the said premises on the Respondant Anne for her jointure, which though there had been no such Settlement made, had been a good Request at least in Conscience, and gave several Legacies. And the residue of his Goods, Chattels, and Personal Estate( after his Debts, Legacies, and Funerals paid and discharged) he thereby gave to the Respondant Anne whom he made his Sole Executrix; and after his Death she proved his Will, and paid his Debts and Legacies, and afterwards the Respondants Intermarried.  
That ever after Mr. Hewley's Death the Joynture-Lands were quietly enjoyed until the now appellant was instigated to give the Respondants disturbance by bringing Ejectments at Law for recovery of a Moiety of the Joynture-Lands, as she was the one of Mr. Hewley's Daughters and Co-Heirs, upon supposition, that no such Will was made, or that the said Christopher Hewly was Non compass Mentis, when he made it. To and in which suits at Law the appellant was the more encouraged, for that either she or some for her had the said Marriage-Articles, and Joynture-Deeds, or well knew that they were lost, or that the Respondants had not the same nor could produce them, for relief against which Suits at Law, and to have the possession of the Respondant Anne jointure settled, the now Respondants Exhibited their Bill into the Honourable Court of Chancery.  
In which svit in Chancery it was so far proceeded, That the Cause was Heard the Two and Twentieth day of November 1689. And then solemnly debated by Counsel on both sides, and it was there then Decreed, that the now Respondant Anne should hold and enjoy her said Joynture-Lands for her Life, but not to commit Wast. Which Decree is signed and enrolled. That, albeit the Respondant Anne was in no wise obliged thereunto, she( freely and voluntarily) gave and secured to the appellant and her Sister Five hundred pound, to be paid to them respectively in Moieties at their respective Ages of Twenty one years or days of Marriage, which will be paid accordingly, and though the Respondants expected to have had an Allowance out of the same for the Maintenance and Education of the said Daughters( as for so much as the Revenues of their other Lands and Estate would not extend to satisfy) Yet( by a late Decree in the said Court of Chancery) they are not to have any other Allowance for such their satisfaction, than what hath been raised out of the Revenues of the said other Lands, whereby the Respondants will be great losers, they having for many years with great Care and Tenderness( and at considerable Charges and expense) Maintained and Educated the appellant( till she was persuaded to leave them) and her Sister.  
That the validity of Mr. Hewley's said Will and his being of merely Memory, hath been already judicially determined by proving the same in the Court Ecclesiastical, as also in a trial at the Common-Law, where as well the due Making, and Publishing of the said Will, as the said Mr. Hewley's Sanity of mind at the making thereof, were particularly insisted upon and controverted, and the Will, and the Testators Sanity of mind( by sufficient Evidence) proved, and albeit( at the said trial at Law) a Special Verdict was found; yet therein the said Will was admitted.  
And at the Hearing of the Cause in Chancery, all the Suggestions in the Petition were fully inquired into and examined.  
As for the Custom of the Province of York, the Respondants claim nothing thereby, nor can the appellant claim any thing thereby as these Respondants are advised.  
Whereupon( and upon consideration of the whole matter) the Respondants humbly implore your Lordships to be Dismissed, and to have their Costs accasioned by this Appeal, and that the said Decree may be confirmed by your Lordships.