case jones versus Purefoy by a proviso in a marriage settlement the deed be to  be void if the marriage be not have in ten monthsThe heir set up this  settlement to defeat a mortgage make by his father after his father have swear  that he be not marry within the ten month Jones have a demand on Purefoys  estate as a creditor for money borrow by Purefoys father and secure by  mortgage on this estate Purefoy set up a marriage settlement some time  precedent to the mortgage to defeat it the case be thus in Purefoys  grandfather be seize of the estate in question make this settlement Vernon  chancery case on his grandson but in the deed there be this proviso videlicet  that in case the marriage do not take effect within ten month then next ensue  then all the limitation and use in that deed shall cease and be void afterward  in Purefoy the father borrow money on this estate and in his answer swear that  this estate be not any wise encumber for that the marriage do not take effect  within the ten month and now the grandson set up this deed of settlement and  in the replication the plaintiff disclose this special matter videlicet that  Purefoy the father be not marry within the ten month accord to the proviso in  the deed the Lord chancellor on the hear have decree it against the defendant  Purefoy as well for that his father oath be so strong against he as also for  that Purefoy can not make it appear that his father be marry within the ten  month by the deed appoint the defendant upon a petition obtain a rehear  suggest that the special matter disclose in the replication come not in within  time so as to be examine to and put in issue and now the defendant have  discover full and strong proof but he can obtain no relief on the rehear saint  it be object by the plaintiff that this settlement be but a voluntary  settlement and therefore can never prevail against a purchaser and that  without notice but as to that objection they give this clear answer it be true  it be a voluntary settlement and if it have be make by the person that  mortgage these land it shall never prevail against a purchaser but here the  settlement be make by the grandfather and the estate pass from he but the  mortgage be make by the father who be never seize nor possess of the estate  Vernon chancery case it be then insist on the behalf of the defendant that the  replication in which this special matter be disclose come not in time and so  be not proper in issue and therefore the defendant have now sufficient proof  to maintain that his father be marry within the ten month that proof ought to  be receive and they produce the parson that marry they who be ready to swear  that he marry they within the ten month and that the register book of the  church by which this matter shall have be proper prove be lose and they  produce a print book suppose to be print just upon the marriage of the  defendant father in which among other thing be contain a epithalamium which Mr  Phillips call a elegy two strong line whereof be videlicet and every day of  the year shall be to you the five of Jan one thousand six hundred and  seventytwo which they will make use of as a argument that the defendant father  be marry in but on the other side they maintain that the replication come in  within time and therefore no new proof can be admit the Lord chancellor take  notice of what dangerous consequence it will be that if after publication pass  and people see where a cause pinch they shall then be at liberty to look out  witness to bolster up the faulty part of the cause the necessary consequence  will be perjury after publication pass and examination know the court will not  in general give either side leave to examine Cann v Cann p wms smith v turner  p wms Bacon tract but by a special order on good cause be show and affidavit  that the party nor any to his knowledge have see or be inform of or will see  or be inform of the deposition such examination may be have Wyatt pra Reg  whitelocke v baker Ves nor will the court allow the question of competency to  be examine after publication though it will the question of credit Callaghan v  Rochfort atk et vide Harvey v Montague post Hastings v Gregory in the excheq  Nov Sanderson v Thwaites in Chan Trin cite Mitf Tr d edit Purcell v Macnamara  Ves wood v Hammerton Ves and he declare where a man have a just de Vernon  chancery case er p due and owe to he as this be of all hand admit to be if  such a man can in any case even by the strict and most precise rule of the  court get any advantage of a heir c he will never be instrumental in deprive  he of that advantage and therefore he confirm his former decree and establish  the mortgage Vernon chancery case and Purefoys counsel have press the case of  what pernicious consequence it will be to their client there be diverse other  creditor and that the debt will nigh swallow up the whole estate the Lord  chancellor say the other creditor will not have altogether so great a  advantage as Mr Jones now have by reason of the form of the court yet even as  to they when they shall come into chancery the defendant Purefoy will have a  very difficult defence when he go about to perjure his own father in a court  of equity by the evidence of the parson and the epithalamium this case be  rather confuse state in the register book but as well as it can be make out it  appear to be as follow George Purefoy the defendant father by a settlement  make on his marriage in February be entitle to a estate for life only accord  to the answer in the manor of Wadley and Wickensham and afterward become  indebt to the plaintiff in the sum of pound and be so indebt he some time in  the month of February make a mortgage to the plaintiff of part of the say  manor of Wadley and Wickensham of which he be state in the bill to be possess  for a long term of year for secure the repayment thereof and in which  Knightley Purefoy one of the defendant and the young on of the say George  Purefoy join and which become forfeit Purefoy the father want more money the  plaintiff agree to surrender up his mortgage and do so and in lieu thereof in  Dec take a statute from Purefoy the father for the say pound and afterward  borrow money of one babor who exhibit his bill against the Purefoys to  discover encumbrance George and Knightley Purefoy by their answer swear that  George Purefoy be the owner of the say manor and that they be free from all  encumbrance except the plaintiff say statute and some other mortgage therein  mention to the amount in the whole of pound which babor it be then agree be to  pay and to have the security assign to he it then appear that the plaintiff  receive pound in part of his debt and that before any further payment to he  videlicet in the month of December Purefoy the father die intestate leave the  defendant Henry Purefoy his son and heir who enter and also take out  administration to his father it appear by the answer of Henry Purefoy that in  pursuance of a agreement between Purefoy the father and his wife a settlement  of the manor of Fenney Drayton and other manor and land be their freehold and  inheritance be make to trustee for payment of debt mention in a schedule annex  to the say deed as therein mention and that the debt claim by the plaintiff be  none of the schedule debt babor who be make a defendant by his answer set  forth his mortgage and that he before the make thereof have no notice of the  plaintiff say statute and the decree thereon as to the plaintiff be that he  shall be admit to the redemption of Babors mortgage for the satisfaction of  his debt Reg lib a fol there be afterward a rehear the entry of which after  state accord to the entry of fol and particular that the counsel for the  defendant have insist on the settlement of be in it all in the follow word but  there be a proviso in that deed I e the deed of and not the settlement of that  if that marriage shall not take effect before the saint of may then next it be  thus in the register book and the plaintiff read the deposition of one  Blagrave that he believe the say marriage be not have till after wherein the  defendant sir Henry be surprise as not have examine to that point the court be  please to let the plaintiff in for a satisfaction of his say Vernon chancery  case er p debt but without cost so as the principal and interest be pay the  that of this instant may wherefore and inasmuch as the cause turn whole upon  that point although no notice be take thereof in the last order which matter  the defendant sir Henry Purefoy by dr Hinckley who marry his father and mother  and several other person of good quality now present in court be able full to  prove that the say marriage be on the d February and so within the time of the  proviso the say defendant counsel do now pray that the say dr Hinckley and the  say other witness may be examine viva voice to prove the time of the say  marriage and marriage settlement it be of so great consequence to the  defendant in relation to the other creditor as well as the plaintiff but his  lordship declare he will not now admit of any evidence viva voice to prove the  time of the say marriage and confirm his former order enlarge the time of  payment to the that of the then next month and on payment thereof cost of the  day and no further cost Reg lib a fol