instituted in the name of Henry
Fielding as complainant. Lady Gould opens her grandchildren's case
with a comprehensive indictment of her son-in-law. After reciting that
her daughter Sarah had married Edmund Fielding "without the consent
of her Father or Mother and contrary to their good likeing," Lady
Gould mentions her husband's bequest to their daughter, Sarah Fielding,
of £3000 in trust to be laid out in the purchase of lands for the benefit
of her and her children "with direction that the said Edmund Fielding
should have nothing to do nor intermeddle therewith." And how Sir
Henry did in his lifetime purchase "Eastover" estate for his daughter,
but died before the trust was completed; and that in 1713 his trustees,
Edmund Fielding consenting, settled the said estate upon trust for Sarah
Fielding and her children after her, the rents and profits to be paid for
her, and acknowledged by her receipt "without her Husband." And that
if Sarah Fielding died intestate the estate be divided among her children.
The bill then shows that Sarah Fielding did die intestate; and that then
Henry and his sisters and brother "being all Infants of tender years and
uncapable of managing their own affairs and to take Care thereof, well
hoped that ... their Trustees would have taken Care to receive the Rents
of the said premises," and have applied the same for their maintenance
and education. One of these trustees, we may note, was Henry
Fielding's uncle, Davidge Gould. This reasonable hope of the six
"Infants" was however, according to their grandmother, wholly
disappointed. For their uncle Davidge and his co-trustee, one William
Day, allowed Edmund Fielding to receive the rents, nay "entered into a
Combination and Confederacy to and with the said Edmund Fielding,"
refusing to intermeddle with the said trust, whereby the children were
in great danger of losing their means of maintenance and education.
And this was by no means all. Lady Gould proceeds to point out that
her son-in-law had, since his wife's death, "intermarried with one ...
Rapha ... Widow an Italian a Person of the Roman Catholick Profession
who has severall children of her own and one who kept an eating House
in London, and not at all fitt to have the care of [the complainants']
Education and has now two daughters in a Monastery beyond Sea." It is
not difficult to conceive the attitude of Lady Gould of Sharpham Park
to an Italian widow who kept an eating-house; but worse yet, in the
view of those 'No Popery' days, was to follow. "Not only so," says her
ladyship, "the said Edmund Fielding ... threatens to take your
[complainants] from school into his own custody altho' [their] said
Grandmother has taken a House in the City of New Sarum with an
intent to have [her granddaughters] under her Inspection and where ...
Katherine, Ursula and Sarah are now at school"; and "the said Mr
Fielding doth give out in speeches that he will do with [the
complainants] what he thinks fitt, and has openly commended the
Manner of Education of young persons in Monasteryes."
This comprehensive indictment against Colonel Fielding received a
prompt counter, the "Severall Answere of Edmund Fielding Esqre ... to
the Bill of Complaint of Henry Fielding, Katherine Fielding, Ursula
Fielding, Sarah Fielding, and Beatrice Fielding, Infants, by Dame Sarah
Gould, their Grandmother and next Friend," being dated February 23
1721, but thirteen days after Lady Gould had opened her attack. Out of
"a dutiful Regard to the said Lady Gould his Mother-in-Law," Colonel
Fielding declares himself unwilling to "Controvert anything with her
further than of necessity." But he submits that, in the matter of his
marriage, he was "afterwards well approved of and received" by Sir
Henry Gould and his family; that he was also so happy as to be in
favour with Lady Gould "till he marryed with his now wife"; which he
believes "has Occasioned some Jealosye and Displeasure in the Lady
Gould, tho' without Just Grounds." Edmund Fielding then draws a
pastoral picture of himself in occupation of the East Stour estate, placed
there by his father-in-law; of his oxen and dairy; and of the judge's
intention of spending half the remainder of his days with his son-in-law
on this Dorsetshire farm. He admits his share in the trust settlement
after Sir Henry's death; and points out that his brother-in-law, Davidge
Gould, made him pay heavily on a portion of the estate. And he
believes that, as his wife died intestate, all his children are "Intituled to
the said Estate in Equall proportions."
Then follows the colonel's main defence. His eldest son Henry not
being yet fourteen years of age, he has, ever since the death of his wife,
continued in possession of the premises, taking the rents and profits
thereof, which
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