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term after, in order to be enrolled; and it was enrolled accordingly: And afterwards, 4th June, 1699, being sixty-four years of age, and very infirm both in body and mind, was procured to marry appellant Mary, daughter of Lord Chancellor Methuen, whom he had never seen till a few days before; and that though be had with her no fortune or estate, real or personal, yet she prevailed upon him soon after to raise 4000l. upon his estate, with part whereof he paid her debts, and she disposed of great part of the rest in buying jewels for herself worth 1500l. and otherwise as she thought fit; and that for this 4000l. the estate then stood mortgaged to Mr. Serjeant Girdler; and that in a short time after (his infirmities encreasing) she prevailed on him to settle 300l. per annum on her; and, as he grew still weaker, by divers artifices, prevailed on him to transcribe a will, which she had procured to be prepared in London, and sent to her into the country, under which she pretended to claim all his estate for her life, and a power to sell any part for the payment of his debts, and to sell and dispose of the timber and wood without account, and to have all his personal estate to her own use, and she was the sole executrix thereof; soon after which Sir Richard died, [237] 16th August, 1699; and that respondent Simon, on the first notice of Sir Richard's death, returned instantly from Wales to London, and in two days after took the settlement Sir Richard had made upon the respondents with him into the country, in order to take possession; but that appellant, Dame Mary, keeping it by force, respondent Simon publickly produced the settlement before many gentlemen in the neighbourhood, and all Sir Richard's tenants, to whom his hand-writing was very well known; and then returned with the settlement to London, and, by advice of council, brought ejectments, and also directed a caveat against proving the will, and that soon after this his house was broke open, his study, where his deeds were, rifled, the deeds destroyed and taken away with near 100l. in money, of all which respondent Simon, immediately made publick complaint upon path; and instantly exhibited his bill against dame Mary, to discover the frauds in obtaining the pretended jointure and will, and to vindicate his own title to the premisses: And that appellant Mary exhibited her cross bill, which he answered, and that afterwards upon mediation of friends, respondent being assured of the justice of his and his childrens title, was prevailed upon to refer the same to Mr. Methuen, the lady's own father, with whom respondent before that time had never any conversation or acquaintance, and mutual bonds of 10,000l. penalty were executed by appellant Mary, and respondent Simon, to perform his award: And Mr. Methuen having examined into all the circumstances, and being informed by appellant herself of the value of the real and personal estate and incumbrances, and having heard all parties, and fully satisfied himself therein, very solemnly and deliberately made his award, 22 February, 1699, to the effect following; viz. That she should hold and enjoy those lands assigned to her for her jointure, but not without impeachment of waste, and all the rings and jewels bought by Sir Richard, and what she had before marriage; and that respondent, Simon, should pay her 1000l. on or before the 24th of that month, February; and that she should be allowed 350l. for debts she paid for Sir Richard, for servants wages, taxes, repairs, and housekeeping, to the date of the said award, and for the funeral expences of the said Sir Richard; and should thereupon renounce the executorship, and permit appellant Simon to take administration with the will annexed: And that this award [238] was openly read by Mr. Methuen, in the presence of appellant Mary and respondent Simon, before it was executed; and was afterwards sealed and delivered in the presence of Sir William Simpson, her former husband's brother, Sir Simon Harcourt, the then Solicitor General, and Mr. John Ash, her near relation and friend; and that both parties being then satisfied with the award, indorsed their consent thereunto, and their desire that it might be confirmed by a decree in Chancery; to which endorsement each subscribed their name, and such subscriptions were attested by the same witnesses: and that respondent Simon, in pursuance and part performance of the award, then paid her the 1000l. and she gave a receipt for it on the back of the award; and respondent Simon soon after paid the remaining 350l. and that she, on her part, renounced the executorship to respondent Simon, who took out administration with the will annexed, for the use and benefit of his five children: And that about a fortnight