delicto. I am not therefore prepared to say, that a Court of Equity will refuse its ordinary aid to the Parties, in any Action at Law, proceeding for a civil remedy.

The last objection made was, that the Plaintiff by his Bill admitted himself to be the Author of the Libel; that the Libel, whether true or false, was an indictable offence; and that the Plaintiff therefore, by his own showing, came to this Court to protect him against the consequences of his crime.

I think there is no weight in this objection. Mr. Macauley, by his Action at Law, thinks fit to treat th conduct of Dr. Thorpe as a civil Injury only, and it is but just that the same course of defence should be open to Dr. Thorpe which is open to other Defendants in civil Suits.

I am of opinion, therefore, that the Plaintiff is entitled to the Commission, though not entitled to the Discovery, and following the course of Lord Harwicke, in the case of Suffolk v. Green, I should over-rule the Demurrer, giving liberty to the Defendant to insist by Answer, that he is not bound to make the Discovery; considering, however, that a difficulty may arise in this respect out of the modern practice, that a Party who submits to answer must answer fully (s), let this Demurrer be over-ruled, with liberty to the Defendant to file such other Demurrer as he may be advised.

(3) See Mazarredo v. Maitland, 3 Madd. Rep. 70; v. Harrison, 4 Madd. Rep. 252. It seems, however, that though in general a Defendant, if he answers at all, is bound to answer fully, yet where his Answer may subject him to a

pain, penalty, or forfeiture, he
may by his Answer refuse to
answer as to such criminal
matter. See Curzon v. De la
Zouch, 1 Swanst. 192; Attor-
ney General v. Brown, Ibid.
305. Many preceding Cases
are to the same effect.

1820.

THORPE

0.

MACAULEY.

1820.

23d, 25th, & 27th Nov.

Original Bill.

Between the Most Noble AUBREY, Duke of SAINT
ALBANS, an Infant, by the Right Hon. LOUISA
MANNERS, commonly called Lady LOUISA MAN-
NERS, his Grandmother and next Friend, Plaintiff;
and

LOUISA GRACE, Duchess of SAINT ALBANS,
ANDREW BERKELEY DRUMMOND, JOHN
DRUMMOND, and CHARLES DRUMMOND,
Defendants.

Bill of Revivor and Supplement.

Between the Right Honourable GEORGE WILLIAM
COVENTRY, commonly called Viscount DEER-
HURST, and the Right Hon. MARY COVENTRY,
commonly called Lady MARY DEERHURST, his
Wife,
Plaintiffs;

and

ANDREW BERKELEY DRUM MOND, JOHN
DRUMMOND, and CHARLES DRUMMOND,
and LAURA MANNERS, and the Most Noble
WILLIAM, Duke of SAINT ALBANS, Defendants.

tain Chattels to

Trustees in

trust for his

the Survivor, in
trust for such
Person as should

Vere; it being
my will and

THE original Bill stated, that by an Indenture of four Lord Vere
Parts, dated the 6th June 1687, between Ellen Gwyn, of bequeathed cer-
the Parish of St. Martin-in-the-Fields, in the County of
Middlesex, Spinster, The Right Honourable Lawrence,
Earl of Rochester, and William Chiffinch, Esq. of the First Wife for Life,
Part; Sir John Masters, of Hornsey, in the County of then to his Son for
Middlesex, Knight, Charles Masters, of the Inner Temple, Life," and after
London, Esq. and Anthony Keck, of London, Gentleman, of the decease of
the Second Part; The Most Noble Charles Duke of St.
Albans, the paternal Ancestor of Plaintiff, of the Third
Part; and The Right Honourable Henry Lord Dover and from time to
Sir Stephen Fox, Knight, of the Fourth Part; all that the time be Lord
Manor or Lordship of Bestwood Park, and the Messuages,
Lands, Tenements and Hereditaments thereunto belong-
ing, and in said Indenture more particularly described,
were limited, conveyed, settled and assured unto and to
the use of Ellen Gwyn, long since deceased, for her Life,
with Remainder to the use of said Charles, then Duke of
St. Albans, for ninety-nine years, if he should so long live,
with Remainder to the use of his first and other Sons in
Tail Male, with divers Remainders over, and with the ulti-
mate Remainder or Reversion to the use of his late Ma-
jesty King Charles the Second, his Heirs and Successors
for ever. That under and by virtue of said Indenture, and
the Limitations contained therein, the said Charles Duke
of St. Albans, after the death of said Ellen Gwyn, entered
into Possession of the said Manor or Lordship, Lands
and Hereditaments, and enjoyed the same to the time
of his Death, and since his Death the same have been
possessed or enjoyed by the Descendants of said Duke;

intention that the same should, after the decease of my Wife, go and be held with the Title of the Family, as far as the Rules of Law and Equity will permit."

The Testator

at his Death left his Wife and Son surviving, and

also two Children

of his Son. The
Wife and Son

died. The eldest
Grandson after-

wards died leav

ing issue a Son, who died under twenty-one, the second Grandson being still living. Held, that it was a direct Gift of the Chattels and not an Executory Trust and that the Son and eldest Grandson took only for Life, and that the Great, grandson, deceased, took the absolute Interest.

234

1820.

Lord DEERHURST

and others

0.

Duke of

ST. ALBANS

and others.

and the said Manor, Estate and Hereditaments were vested in the Plaintiff, as Tenant in Tail Male, under and by virtue of the Limitations in said Indenture contained.— That by Letters Patent under the Privy Seal of England, bearing date the 5th July in the third year of the Reign of his late Majesty King James the Second, his said late Majesty, for divers good Causes and Considerations him thereunto moving, did, of his especial Grace, give and grant unto said Charles Duke of St. Albans, and to the Heirs Male of his Body, lawfully begotten, the Office or Offices, Place or Places of Master Surveyor or Keeper of the Hawks of his said Majesty, his Heirs and Successors, together with all such and the same Fees, Allowances, Profits, Privileges and Advantages whatsoever as were then belonging thereto, or held and enjoyed therewith, and which were in said Letters Patent more particularly mentioned. That the said Office or Offices of Master or Keeper of his Majesty's Hawks, was or were held and enjoyed, and the Profits and Emoluments thereof were taken and received, by said Charles Duke of St. Albans and his Heirs Male, and the same were vested in the said late infant Plaintiff until his Death, as Tenant in Tail Mail thereof, under and by virtue of said Letters Patent or Grant.-That said Duke of St. Albans, the said late infant Plaintiff's said late Father, died on the 12th August 1815.-That said late Duke of St. Albans died, leaving said Louisa Grace, Duchess of St. Albans, his Widow, and the said infant Plaintiff, his only Child and Heir-at-Law. That the Right Honourable Vere Lord Vere, in and by his last Will and Testament, bearing date the 11th October 1781, (amongst other things) gave and bequeathed unto James Earl of Abercorn, Robert Drummond, and Thomas Walley Partington, all his Household Goods, Furniture, Pictures, Books, Linen, China and Glasses, which should be at his Decease in his

1820.

Lord DEERHURST

and others

v.

Duke of

and others.

Mansion House at Hanworth, in the County of Middleser, or in any of the Offices belonging to the same; and also all such Silver and Gilt Plate as he should be possessed of at his Decease, whether at Hanworth or in London; upon trust to permit and suffer his Wife, Mary Lady Vere, to have the Use and Enjoyment of the same during her Life, and from and after her Decease to permit ST. ALBANS and suffer his said Testator's Son, Aubrey Beauclerk, to have the Use and Enjoyment thereof during his Life; and after the decease of the Survivor of them, the said Lady Mary Vere and Aubrey Beauclerk, the said Testator directed that his said Trustees should be possesed of the same Goods, Furniture, Pictures, Books, China, Linen, Glasses and Plate, in trust for such Person as should from time to time be Lord Vere; it being said! Testator's will and intention that the same should, after the decease of his said Wife, go and be held and enjoyed with the Title of the Family, so far as the Rules of Law or Equity would permit. And said Testator, Lord Vere, gave and bequeathed unto said Earl of Abercorn, Robert Drummond and Thomas Walley Partington, their Heirs, Executors, Administrators and Assigns, all such his principal Monies as, at the time of his Death, should be invested or laid out in real, personal, government or other Securities, in India Bonds, Navy Bills, or in any of the public and parliamentary Funds, upon trust after his Decease to make sale of such of the said Securities and Funds, as were in their nature saleable; and to call in the Monies placed out on such Securities, as were not saleable; and by and out of the Monies to arise thereby, to pay certain sums of Money in said. Will mentioned; and as to the residue of the Monies to be so produced, as aforesaid, the said Testator di.. rected that said James Earl of Abercorn, Robert Drums mond and Thomas Walley Partington, their Executors, Administrators and Assigns, should lay out or invest