Page:The English Reports v1 1900.pdf/637

of Lady Herbert of Cherbury, a near relation of the Earl's, but not in the least related to the young lady, to be her guardian; and as several of her relations professed the Popish religion, the agents of the Earl employed on this occasion, threatened some of them with putting the penal laws against Papists in force, and promised others, who were in great distress, payment of what was due to them from the estates of both the Marquises, all which then were in the possession of the Earl; and to others they promised great rewards and preferments, particularly to Lady Henrietta Beard, and Mr. Beard her husband, to induce them to consent to such guardianship; and Mr. Morris proposed to Pritchard to sign a paper on behalf of the appellant, to consent to Lady Herbert's being guardian to Miss Herbert; and if he would do so, Morris declared his Lordship would not only pay the appellant her annuity, but would add as much more to it, to double it; but Pritchard declined signing any such paper without the appellant's directions, and until he should have such promise of payment of the annuity from his Lordship's own mouth; whereupon Mr. Morris carried Mr. Pritchard to the Earl, at Mr. Pusey's chambers in Lincoln's Inn, where the Earl in the presence of Mr. Morris solemnly promised Pritchard, "That if he would sign what Mr. Morris had been so long soliciting him to sign," (viz. the appellant's consent to Lady Herbert's being appointed guardian to the appellant's niece,) "he would not only forthwith pay the [360] appellant her annuity, but would add as much more to double it." And upon Pritchard's telling his Lordship that he would acquaint the appellant with such proposal, and take her directions therein, his Lordship, in the presence of Mr. Morris, produced a paper, ready prepared for Pritchard to sign on behalf of the appellant, and told him the business would not admit of such delay as would be occasioned by writing to the appellant, and receiving her directions from Paris, and if he would then sign such paper, approving, on the appellant's behalf, of Lady Herbert to be such guardian, he would faithfully perform the promise of paying the two annuities; and the Earl in the presence of Mr. Morris, striking his own breast with his hand, and taking hold of the hand of Pritchard with his other hand, declared upon his honour he would punctually pay the annuities; and he directed Pritchard to write immediately to the appellant, that this was his Lordship's resolution; and repeated these words, "This is my resolution," and thereupon Pritchard, knowing the distressed circumstances of the appellant, and relying on his Lordship's promises of paying the two annuities, signed the paper approving of such guardian, which he would not have done, and had always refused to do, until the Earl entered into such express agreement for payment of the said annuities, as aforesaid.

Soon after signing this paper, it was carried by the agents of the Earl and by his direction, to the appellant's sister Lady Arundell to sign, who positively refused so to do, until she was informed by Mr. Pritchard, (who went to her at the request of the Earl and Mr. Morris,) how much it would be for the appellant's benefit, and that the appellant was to receive the arrears and growing payments of her annuity, and an additional annuity during her life, if Lady Herbert was appointed guardian to Miss Herbert, with the approbation of the family; whereupon Lady Arundell, in the presence of Mr. Morris and Mr. Pritchard, signed the paper, first declaring it was merely out of regard to her sister the appellant, and her distressed circumstances, but otherwise against her intention and inclination that she signed her consent to such appointment, and which she repeatedly affirmed she would not otherwise have done and Lady Charlotte Williams afterwards, and for the same reasons, also gave her consent to such guardianship.

Upon Mr. Pritchard's soliciting the Earl to remit the appellant some money for her present support, in part of what she was to receive, his Lordship replied, "she must wait a little longer, the fruit was not ripe." And having obtained such consent, upon producing the same in the Court of Chancery, Lady Herbert was appointed guardian accordingly; and a few months after, in March 1751, the respondents the Earl and Countess of Powis were married; and thereupon the said Francis Herbert, by the direction of the Earl, conveyed the said castles, manors, and real estate to and to the use of the respondents [361] Thomas Wylde and Robert Pardoe, their heirs and assigns, subject nevertheless to the trust contained in the will and codicils of the Marquis the father.

The Earl having evaded the performance of his said promises, the appellant, in Michaelmas term 1752, exhibited her bill in the Court of Chancery against the