The CASE of the Lady Bridgman: A Real Mortgagee of an Estate in Essex for 2000 l. Principal-Money. Upon the PETITION of Josiah Thwaites, who pretends Title to the said Estate.  
WILLIAM THWAITES being Owner of the said Estate, 
12 Dec. 1678.  settles the same to the Use of himself and his Wife for their Lives; Remainder to Thomas his second Son, and Frances his Daughter, and their Heirs.  
Upon the Death of William and his Wife, and Thomas, without Issue, this Estate vested in Frances, who intermarried with one Mr. die.  
That after Marriage, die inquiring for the dead of Settlement, and finding it in the hands of one Mr. Heath,( who was Guardian, or concerned for the Heir at Law,) and that the same was razed, and the Name of James, the Heir at Law, inserted, instead of Frances the Daughter.  
The said die and his Wife brought their Bill in the Exchequer, 
Trin. Term 1682.  to discover and be Relieved against this practise.  
After an Hearing in Equity, 
15 June 1683.  a trial was had at the Bar of that Court by a Special Jury of Gentlemen; who, after a long Examination of Witnesses, gave a Verdict, That the said dead of Settlement was razed after the Execution thereof; And that the Name of James was inserted instead of Frances; and the said James and his Friends appearing to be fully satisfied therein, and not pretending any surprise or want of Witnesses,  
A Decree was made according to the said Verdict, for the Right and Title of the said die and his Wife; and they quietly enjoyed the Estate for many Years; and afterwards wanting 2000 l. upon a Mortgage thereof,  
The Lady Bridgman being advised she might safely lend her Money upon a Title so solemnly settled and determined by the said trial and Decree, did lend the said die and his Wife 2000 l. upon a Mortgage of the said Estate.  
That after the Lady had partend with her Money, the said James Thwaites Appealed from the said Decree, and Obtained an Order for a Second trial, if he should think fit: But the said James upon Enquiry, being, as is believed, well satisfied of the Truth of the Case, sate still for Eight Years after, and never offered to Try it again; but died about Three Years ago.  
That since his Death, the Petitioner Josiah Thwaites, his Son and Heir, in Trinity-Term last did bring the Cause on to trial, and( as the said Lady Bridgman hath reason to believe, being under-hand assisted therein by the said Mr. die, who hath mortgage and encumbered the Estate to the full Value thereof, and is a Prisoner, and unable to pay the said Mortgage-money) hath obtained a Verdict different from the former trial; And hath now Petitioned to have the first Decree Reversed, the Consequence whereof must be the total Loss of the said 2000 l. Mortgage-money, and near 1200 l. due for the Interest of the same.  
The Lady Bridgman humbly hopes your Lordships will be pleased to Grant her another trial in this Case, and an Order for to give in Evidence her Mortgage upon such trial.  

I. For that She is an Innocent Mortgage, lent her Money upon the Faith and Credit of the trial at Bar, and the Decree of the Court of Exchequer grounded thereupon, after an Acquiescence under that very trial and Decree for many Years; and although for part of that time the said James Thwaites was a Minor, yet for about Ten Years before his Death he was of full Age.  
II. For that the said James Thwaites, after he had leave to Try the Cause again, sate still for at least Eight Years together, and never proceeded therein, being all that time of full Age.  
III. For that the first trial was a most solemn trial at the Bar, and brought to trial when Matters were fresh, and in memory, and when several Witnesses were living, of whose Testimony the said Lady at this second trial was deprived by their Deaths; And too much relying upon the former trial, and so long a Possession, made her Agents more careless in these Matters.  
IV. For that the last Verdict, as she humbly conceives, was against the Weight of the Evidence; And upon which Matter, in case the Cause had depended in Westminster-Hall, she hath great Reason to believe the Court would without difficulty have granted her a New trial, and not have for ever concluded her Right thereby, especially when at most there is but Verdict against Verdict; and so in Justice she is entitled to another trial: And also, when she hath great Reason to fear, that Mr. die the Mortgagor having made the most of his Estate, is, in the bottom, in the Interest of his Nephew to defeat the Mortgagee of her Money.   
And when the said Lady applied to the Court of Exchequer for another trial, she was Justly answered, That the Cause being before your Lordships, and the said trial being by the Direction of the House of Lords; therefore the Court of Exchequer could do nothing therein: And she being for ever disabled, without your Lordships direction, to Try this Matter again;  
The said Lady humbly preys, that your Lordships would be pleased to Grant her a New trial in this Case, and then she doubts not but to satisfy your Lordships and the Jury of the Razure of the said dead after it was executed, and of the Justice of her Cause herein.  
Sam. Dodd.   

The Lady Bridgman's Case.  
To be Heard at the Bar of the House of Lords on Friday the 2d of May 1701.