e s.fy. oo Srom f ^e feifirari? of (profeeBor ^atnuef (gtiffer in (glemort of 3ubge ^amitef (ttliffer (grecfttnribge (Jjreeente^ fi^ ^antuef (glifPer QSrecftinrib^e feon^ to f ^e fei6raifg of (Princeton S^^ofogicaf ^eminarg .-^ /6'7 . y^ T H E ^ Clerks Inftrtidor X!)e ctclefiaGical Courts t CONSISTING Of a Variety of the beft Precedents in Englijlj now made ufe of in the Pradlice of the Civil Law, Together With feveral adjudged Cafes, Letters of In- duction into a Living, ^g. ALSO A Treatife concerning Pluralities, the Difpen- fation of them according to the Statute of 21 Hen. 8. and of Retainder of Chaplains. PubliJJjed for the Benefit of the Students and PraSli- tioners in the Ecclefiajlical Courts^ as alfo for Clergy- men^ Attornies and others ivho would be acquainted with the Method of Proceeding therein. By a Gentleman of Dollars Commons. In the SAVOY; Printed by E. and R. Nutt, and R. Gosling, (AfTigns oi Ed'imrd Sayer^ Efq^j for ^. IBirt in Ave- Mary -Lane., HD. 115;joU3UC at the 'Black S'-wan without T'emple-'Bar., and 33- ^blJChblirglj at the Sun near the Inner ^Jfemflc Gate Flcct- flreet. M DCC XL. THE Clerk's Inftruclior I N Xi^t ccclefiaftical Courts. CHAP. I. Of T>iffa?;iatio7i or T)efcujiatio?!^ aiid the Cogfiizaiice thereof. I F F A M AT I O N, or more pro- perly Defcimation, is the Utter- ing of reproachful Speeches, or contumelious Language concern- ing any Perfon, with Intent of raifing an ill Fame of the Party fo reproached ; Tiefa- mare efi in Mala fama ponere, according to Bartolus (^). And this extends to Wri- [a) hjl. I. 5. ting, as by Defamatory Libels, and alfo to £>• 30. i- Deeds, as bv reproachful Poftures, Signs ' B and 2 €Ije C!rrlt'0 3in(!cu?fo| {a) Lih. 5. and Geftures, fee Liuwood Qa). And for Tit. 17. c. I. fj^e j-f^ofl- p^rt it proceeds of Malice, imply- \n§^T"""' ing either Matters of Crime or Defedi fo it generally aims at fome Prejudice or Damage to the Party defamed. Whatever Cogni- zance the Temporal Laws of this Realm do take of Defamations by Virtue of Prohibi- tions and Adions on the Cafe, yet it will not be denied, but that the Cognizance, when they are duely profecuted, properly belongs to the Ecclefiaftical Court j efpe- cially where the Matter of Defamation is merely Ecclefiaftical. For it is recorded by [b) Circumfp. an ancient Statute of the Realm (^), That agat. i3£'.i. Defamation Ihall be tried in the Spiritual (0 Artie. Court. And again it is faid (c), That Pre- C^^>'' lates fnall correal: this Crime by Corporal Penance, the King's Prohibition notwith- ftanding. But if the Offender will redeem the Penance with Money, the Prelate may receive the Money, tho' the King's Prohi- bition be fliewn. By the Preamble alfo of the Statutes for [(P) 23 H. 8. Citations {d)^ it is plainly inferred, that f. 9. Defamations belong to the Cognizance of Ecclefiaftical Jurifdiclion, provided they be duely profecuted according to Law, It like- wife appears by the Books of the Common Law, throughout the Arguments made in the great Cafe of Prohibitions, in the Time [e) F 12 //. of King He^rry the Vllth (0, That the J. Jo. 22. gj^jjj. of Defamations dots hereunto belong; for there, both by the Serjeants that op- pofed the Confultation, as well as others, and by the Judges that granted the Conful- tation, it was yielded, that the Punifhment of Slander or Defamation did appertain to the in tlje Ccclcfiam'cal Courts* 3 the Spiritual Law, if the Original CauTe was Defamation. And whereas there is a Pro- vincial Conftitution in Linivood^ that decrees a Slanderer or Defamer of another to be ipfo faifo excommunicated. This is allowed by a Conftitution in the Kegijler (a^ to be- [a] Reg. p. long to the Ecclefiaftical Court j and it is 49- **• there added to this Effe61-, -ciz. Si in can fa Diffamationis ad fojnam Canonicam imponcu- dam agatur^ tunc ulterins licitc jaccre poteri- tis, quod ad Forum F.cclefice m'veritis perti- iiere^ prohibitionc nojrra non ohftante. A Perfon fued another in a Caufe of De- famation in the Ecclefiaftical Court (^b')^ [h) Beg. f, and failing in his Proofs, the Defendant 51. «. was abfolved, and the Plaintiff condemned in Expences of Suit to him ^ but the Plain- tiff, to hinder the Execution of the Sen- tence, and to efcape without the Payment of thofe Expences, procured a Prohibition , yet upon debating tlie Matter, a Confulta- tion was awarded herein ^ fo that we fee that both the Principal and the Acceffary Caufe to be of Ecclefiaftical Cognizance. But touching Defamation, for which a Suit is commenced in the Ecclefiaftical Court, it was refolved, that the Matter muft be merely Spiritual, and determinable only there j for if it concerns any Matter which is determinable at the Common Law, the Ecclefiaftical Judge has not Cognizance thereof (c). Brook in his Abridgment of (c) Coke, the Law (^5?) feems to fay, that no Defa- 4 '^^A /• 20. mation at all is of Ecclefiaftical Cognizance. %JJy"* ^''*"' And a Book Cafe in Henry the IV. 's Reign, l^ i^^alibi. not throughly confider'd, gave Occafion to this great Miftake : But the Truth is, that B 2 by 4 'STljc €Uth"0 JnffniSoi by that Cafe is meant only, that fuch De- famation as arifes on a Temporal Matter, is not of Ecclefiaftical Cognizance, which is the firft Exception of the general Rule fet down in the Statute of CircamfpeSIe agatis-, where it is faid, that Defamation fhall be tried in the Ecclefiaftical Court , and that the faid Cafe is to be reftrained to fuch Defamation, will plainly appear to him that confiders the Scope of Hangforcfs Argu- [a] M. 2i/. 4. ment (t?). The Vicar of SaltaJJj had taken fol. 15. an Oath before the Pope's Colle61or, in Confirmation of an Obligation made by him. The Dean of Ifindfor fued the Vicar before the Colle6):or pro Ufione fidei ; and here- upon the Vicar purchafed a Prohibition. Ilangford-, in Maintenance of this Prohibi- tion, argued, that the Perjury could not be fued in the Ecclefiaftical Court, becaufe it arofe on a Temporal Matter ; adding, for Proof of his Argument, that he himfelfhad a Prohibition on the like Occafion ruled for him, and againft the Archbifiiop of Canter- [b] U. i^Ed. IfiYy (/;). Par Attachment fnr Prohibition^ 3- ^c. de ceo que il fiiift en Court Chrifiian^ pour Diffamat'ion. But the Matter was not then ruled againft: the Archbifhop fimply for fuing Defamation there, but for fuing of fuch a Kind of Defamation ; otherwife this would not have fitted the Purpofe of Hangfard's Argument, becaufe it being his Bufinefs to prove, that a Lfjio fidei, arifing on a Tem- poral Caufe, might not be fued in an Eccle- fiaftical Court, he could make no Colour of that Afilrtion or Argument of his, by al- iedging of a Judgment, that no Defama- tion at all might be profecuted there, fince there in tf}t €aUtmkti\ Courts* 5 there is not the like Reafon ; and therefore as the Lc/^o fidei arofe upon a Temporal Caufe, fo did the Defamation there men- tioned; for which a Prohibition lay without a Confultation. That Defamatory Words touching a Temporal Caufe may not be fued in the Ecclefiaftical Court, we have alfo a Prohi- bition in the Kcgifter ((2), without any Con- («) Fol. 42. ^. fultation granted. For whereas one gave Evidence in an Inquifition made by the King about his Exchange at Ih'k ^ and the Party being affected therewith, fued the Witnefs (for defaming him} in the Eccle- fiaftical Court , and hereupon the Witnefs brought a Prohibition, becaufe the Matter was a Temporal Caufe. And it is likewife enaded by a Statute of the Realm (/;»), i^) Edtv. 3. That a Prohibition fhall lie, if a Man be '^^^^- '''^*'' fued in the Ecclefiaftical Court, for Defa- mation, becaufe he has indided another. There is alfo another Reafon why fomc Defamation may not be fued in an Eccle- fiaftical Court, 'Dtz. when an A6lion lies at the Common Law for it; As where a Man brings an Adion of Trefpafs for Goods taken away (c), and the Defendant here- (0^-i8£,4. upon fues him in the Ecclefiaftical Court /"^-^ for Defemation 5 here the Plaintiff may pray a Prohibition, becaufe the Plea in Court Chriftian was commenced whilft the Suit is pending at Common Law^, and a Prohibi- tion lies. So if I am robbed, and do fpeak of him that robbed me before others, where- upon he fues me in the Spiritual Court for Defamation, I may have a Prohibition, be- caufe I may have an Appeal of Robbery at B 3 the 6 €I3C €\ix\\<^ %mmts\ the Common Law. And thus in the Book [a) Tit. Fro- of Entries {a) we have feveral Precedents hibition, of Prohibitions granted in Favour of fuch as are profecuted in the Ecciefiaftical Court for Defamation, when they have fued Men in the Temporal Courts for forging of Evi- dences. One Hbelled againft another in the Eccle- fiaftical Court, for faying that he was a Drunkard, or a drunken Fellow, ^c. and by the Opinion of the whole Court a Pro- {l) Cucko-.Cs hibition was granted for fuch Words (^). Cafe, Jones?, So if a Man be called Thief, Traitor, or ^^h the like, whereon no Suit lies for the Prin- cipal in the Ecclefiaftical Court, but at the Common Law, and the Slanderer be fued for the fame in the Ecclefiaftical Court, a Prohibition lies. But if a Man calls a Woman Bawd, for which a Suit lies in the Spiritual Court, and alfo at the Common Law ; theve if the Suit be for Slander or Defamation in the Ecclefiaftical Court, no Prohibition lies, becaufe the Party has a '^ Liberty to fue in which Court (he pleafes. ^ ' Again, if a Woman be defamed in her Re- putation, whereby flie is hindred in her '\~\c) Cro. R(p. Marriage (^), Ihe may either fue at the Part 3. Common Law for Damage (^and the Common Law will give Credit unto the Spiritual Court, efpe- cially after two Sentences in that Court (£•). (0 O-o. Rep. By the Civil Law, the Perfon defamed ^"''^ 3- had his Eleilion in all Caufes, whether he would profecute the Defamer ai Piihlicam Vindi6lam^ or ad Privatum IntercJJe ; the for- mer whereof was made Choice of when the Defamed aimed more' at the Defamer's Shame than his own Intereft, and chofe ra- ther to reduce him to a Recantation, than augment his own Caih by the Diminution of his own Credit. The other way of pro- ceeding, 'viz. ad Privatiun IntereJJe^ was chofen by fuch defamed Perfons, as valued their Credit at a certain Rate, and chofe rather a pecuniary Compenfation than an unprofitable Recantation, aiming more at their own private Satisfaction than the De- famer's publick Difgrace (i). But both (^ D. 42. of thefe the defamed Perfon could not '• ^3- B 4 have. 8 m)t Clec^'33 Jnffaiaoj have j foT having determined his Election, he was to content himfelf therewith ; but having obtained a Sentence againft the De- famer for liis Recantation in a Suit ad Pub- licam Viiidicfam^ he might poffibly have, in Lieu thereof, a pecuniary Recompence by way of Commutation. The Profecution ad Vindt^am Fnllicam was left to the Deter- mination of the Ecclefiaftical Jurifdi^lion, and the other to the Cognizance of the Temporal : Much in Conformity to what the Laws of this Realm fcem to fay, 'uiz. where the Profecution is meerly for punifn- ing Sin and ill Manners, and no Money de- manded, there the Spiritual Court fliall take Cognizance of Defamation, but when Money is demanded in Satisfadbion of the Wrong, there the Temporal Court (hall have jurifdiction, efpecially if the Defamer imdertakes to juftify the Matter, or the Words do exprefs or imply a Crime be- longmg to the Cognizance of the Common Law. Thefe Aclions of Defamation are of an higher Nature, than Prima intuitu they feem to be; a Man's good Name being equivalent to his Life ^ the Civil Law there- fore ftyles them Aciiones frccjudicialcs^ that is to fliy, fuch as draw leflTer Caufes to them, but themfelves are drawn of none. The Method of proceeding in a Caufe of Defamation, when the Perfon defamed fues for defamatory Words contained in a famous Libel, is as follows, viz. In this Cafe not only the general and ufual Article is to be inferted in the Libel, which is com- rnon in a Caufe of Defamation, viz. that the pef^nci^nt on fuch a Pay, and in fuch a Ill tf)t €cclefia(!(cal €omt^. a Place, uttered fuch Words, viz. the Words contained in fuch famous Libel, ^c. But alfo another fpecial and particular Ar- ticle, z^iz. that the Defendant did on fuch a Day, and in fuch a Place, write and pub- lifh, or procured to be written and publifh- ed, a certain infamous Libel to thefe Pre- fents annexed. If the Plaintiff has the faid Libel in his PofTeffion, if not an Article containing the Words following, or other Words in EfFe61: like unto them j and in this Place the defamatory Words ought to be inferted which are contained in fuch fa- mous Libel : Or if a Perfon has a true Copy of fuch famous Libel, then this Copy is to be annexed to the Libel given and exhibited in this Caufe of Defamation, thefe Words being added, viz. I'eJicris Schcdid(£ 'pTisfentihis annex^t q^t^^i^i pro hie leB' 65* inferf haheri petit, &c. And if the Plaintiff prove his Intention, fuch as defame Perfons after this Manner fhall be punifhed in a more grievous Way, than fuch as de- fame on'y Perfons by Words. Letters of Req//eft from an inferior to a ffjperior Judge, citijig a perfon to appear in a Caufe of Tiefainatioii. TO the Right Worfliipful U. H: Doaor of Laws, Qbere infert the titles of the Judge,') of the Court of • Whereas C. D. of the Parifh of in the County of- and Diocefe of Spinfter, is defirous to libel againft A. B. of the Parifh, County and Diocefe afore- faidj ■1A^ lo €6e Cfcrl^'si JntoiSo? faid, for certain fcandalous and defamatory Words fpoken by him the faid A. B. a- gainft her the faid C D. And whereas one of the Witneffes then prefent who heard the faid Words, and whofe Evidence is ab- folutely neceffary, now refides in > therefore cannot be examined in this Caufe by Virtue of any Commiflion ilTuing out of the faid Court of — without great Expence and Trouble in the obtaining Let- ters of Rcquifition from the Ordinary of the Diocefe of for the Examination of the faid Witnefs. And whereas there are not any Advocates Refident in the Diocefe of ■ and fome Matters of Difficulty may arifc, wherein the Parties on ' both Sides may require the Advice of Coun- fel learned in the Law ., now I J. J. Dodor of Laws, Chancellor of the faid Diocefe of do hereby requeft you to call be- fore you the faid A. B. to anfwer to the faid C. D. in a Caufe of Defamation or Slander, and to hear and determine the faid Caufe or Bufinefs as to Law and Juftice (ball appertain. Wttnefs my Hand and Seal the ■ Day of— in the Year of our Lord / // ^ ^ A Citatio72 in a Caufe of defamation* E' By Divine PermifTion, Lord Bifliop >• of To all and fingular Clerks and literate Perfons whomfbever and where- foever in and throughout our whole Diocefe of Greeting : We do hereby im- power and ftridly injoin and command you jointly in tijc €cclefia(tical Cotitt^* ir jointly and feverally peremptorily to cite, or caufe to be cited, A. B. of the Parilh of in the County of ■ and Diocefe of , to appear before the Worfhipful H. H. Do6lor of Laws, {here infert the Titles of the Judged of the Court of — law- fully conftituted, his Surrogate, or fome other competent Judge in this Behalf, in (Jjere infert the Place of Appearance') and Place of Judicature there, on the third Day after he fhall be perfonally ferved with this Citation, if it be a Court-Day, otherwife the Court-Day then next immediately fol- lowing, at the ufual Hours of hearing Caufes and doing Juftice there, then and there to anfwer to C D. of the fame Parifh, Spin- fter, in a certain Caufe of Defamation or Slander , and further to do and receive what unto Law and Juftice fhall appertain, under Pain of the Law, and Contempt thereof, at the Promotion of the faid C D, And whatever you fhall do, or caufe to be done in the Prcmiffes, you fhall duely cer- tify our Qhere infert the ^itle of the Judge) aforefaid, his Surrogate, or fome other com- petent Judge in this Behalf, together with thefe Prefents. Dated at the ■ Day of in the Year of our Lord A 12 '^trje €im\0 Jnftniafoi J Citatio7i hy JFajs a?!d Mea7is i?i the fame Caufe* EBy Divine Permiffion, Lord Bifhop • of To all and fingular Clerks and literate Perfons whomfoever and where- foever in and throughout our whole Diocefe of Greeting: Whereas the Worfhipful H. H. Do6lor of Laws, Qhere infert the Judge^s 1'itlcs) of our Court of — lawfully appointed, rightly and duely pro- ceeding at the Petition of the Prodor of C D. of the Farifh of in the County of and Diocefe of- Spinfter, al- ledging, that A. B. of the Parifh, County and Diocefe aforefaid, had been feveral Times diligently fought for by the Manda- tory in this Behalf lawfully authorized and appointed, with a Defign and Intent of citing him perfonally, to the Purpofes here- after mentioned, but that he had abfcond- ed, or fo concealed himfelf, that he could not by any Means be perfonally cited by our faid Mandatory, hath therefore decreed the faid A. B. to be cited and called into Judgment, to appear on the Day, and at the Time and Place, and for the Purpofes mentioned, and in the Manner and Form herein after defcribed, (Juftice fo requiring^) We do therefore authorize, impower, and ftri^lly injoin you jointly and feverally pe- remptorily to cite, or caufe to be cited, the faid A. B, perfonally, if he can fo be cited, and ye can have fafe and free Accefs to him, fo to doj otherwife by affixing this Citation fit tljc cs^cclefuiffical Courts. 13 Citation for fome Time upon the outward Door of the Houfe or laft ufual Place of Abode of the faid A. B. and afterwards by affixing and leaving there a true Copy of thefe Prefents, and alfo by all other lawful Ways and Means, and Methods whatfoever, whereby you can or may better or more efFedually, fo that this Citation may moft likely come to the Knowledge of him fo to be cited, to appear before our Vicar Ge- neral aforefaid, his Surrogate, or fome other competent Judge in this Behalf, in Qhere mention the Place of Appearance') and Place of Judicature there, on the Day of next enlbing, between the Hours of Nine and Twelve in the Forenoon of the fame Day, then and there to anfwer to the faid C D. in a certain Caufe ofDc-j- uon or Slander, and further to do and receive what unto Law and Juftice (hall appertain, under Pain of the Law, and Contempt thereof, ^c. \^See the Conclufion in the laft Precedent.~\ A Warrant for a TroZlor to appear for the Tlalntiff i?i the fame Caufe, To Mr. R. W. Prodor General of the ■Court of or any other Prodor of. WHereas a Caufe hath lately been com- menced at my Suit againft A. B. of the f^arifh of- in the County of in the Court, in a certain Caufe of Defamation 3 This is therefore to defire you to 14 '^U Cletk'0 3!n(!i-tmo| to appear for me in the faid Caufe, to pro- fecute the fame for me as far as poflible ; and this iliall be your fufficieiit Authority. Witnefs my Hand this Day of Witnefs E. R C D. J Wctrrafit to appear for the Tyefeii- da7it to give a Negative Ij[Jue i7i the fame Catife, To Mr. K, C. Proaor of* 6' /R, I Do hereby defire you will appear for me to a Citation iffued out againfl: me in the Court, in a Caufe of Defama- tion at the Suit of C D. and for me to give a Negative IflTuei and this Ihall be your fufficient Authority. Witnefs my Hand this 7^- Day oiA44/Kd I 'ji^^ Witnefs F. G. A B0}O An in tfjt €cclcria(lical Courts. 15 J/i J^ of Court on returning a Tro- cefs^ and gwing a Libel in the fame Cciufe, Day of — — in the Year —- — C. D. of the Parifh of in the County of againft 4. B. of the fame Parifh in the County aforefaid, in a certain Caufe of Defamation or Slander. JV, UPON which Day IV. exhibited his Proxy for the faid C. D. and made himfeh a Party for her, and returned a Pro- cefs againft the faid ^. i?. dueiy certified ^ then the faid A. B. being three Times called, C exhibited his Proxy for him, and made himfelf a Party for him, then the faid IV. gave a Libel in Writing, which he pray'd to be admitted, and C.'s Anfwer thereto immediately, C. alledging the faid Libel not to be admiffible, and praying the fame to be rejected. But the Judge, at lV.'*s Peti- tion, admitted the faid Libel, and order'd C to anfwer thereto immediately, upon which C. confeffed the Contents of the faid Libel, and gave an Affirmative Iffue thereto; whereupon the Judge order'd Ch Client to do Penance in the Veftry of the Parifh Church of aforefaid, on Sunday the ' Day of and condemned the faid A. B. in Cofts of to be paid before extracting of the Schedule of Penance, and afligned afligned to certify the Performance of the faid Penance upon or before the laft Seflion of this Term. J Libel i?i the feme Ccitife. IN the Name of God, Amen: Before you the Worlhipful H. H. Dodtor of Laws, (Joerc name the ^itle of the Judge^ of the Right Reverend Father in God E. by Divine Permiflion Lord Bifhop of • and Official Principal of his Court lawhilly appointed your Surrogate, or fome other competent Judge in this Be- half: The Prodor of C D. of the Parifli of in the County of and Diocefe of Spinfter, againft A, B. of the Parifli of in the County and Diocefe aforefaid, and againft any other Perfon or Perfons lawfully intervening or appearing in Judgment for him by way of Complaint, and hereby complaining unto {a) Ifby Re- you in this Behalf, (^) doth fay, alledge, convention, ^^^ jj^ Lg^ propound, articulately as fol- Words by lows, (that IS to fay,) way of Re- I- That every Perfon and Perfons, who convention, utter, publifn, affert or report, or ftiall have uttered, pubiiflied, aflerted or reported re- proachful, fcandalous or defamatory Words, to the Reproach, Hurt and Diminution of the good Name, Fame and Reputation of another Perfon, contrary to good Manners and the Rule of Charity, are and ought to be moniflied, conftraincd and compelled to the Reclaiming and Retracing I'uch re- proachful J fcandalous and defamatory I Words, Ill tijc €cclcfiatoal Courts?. if Words, arid to the Reftoring of the good Name, Fame and Reputation of the Perfon thereby injured; and that for the future they refrain from uttering, publifliing or declaring any fuch reproachful, fcandalous or defamatory Words, and are to be cano- nically corre61:ed and punilhed ; and this was and is true, publick and notorious, 2. That notwithftanding the Premifles mentioned in the next foregoing Article, the faid A. B. did in the Months of and in the Year of our Lord or in fome one or more of thofe Months within the Parifh of — afarefaid, or in fome other Paril]i, Pariflies or publick Places in the Neighbourhood thereof, or near there- unto, in an angry, reproachful and invi- dious Manner, feveral Times, at leaft once, before fundry credible WitnelTes defame the faid C D. who was and is a Perfon of good Reputation and Charafter ; and charged the faid C D. to have committed the Crime of Adultery, Fornication or In- continency, and fpeaking to, or of, and meaning and intending the faid C. D. the Party jAgent in this Caufe, affirmed and publifhed feveral Times, at leaft once, thefe or the like Words, to wit, you, thou, or fhe, meaning and intending the faid G. D. are, art, was or is a Whore; and the Party Proponent doth alledge and propound every Thing in this Article contained jointly and feverally. 3. That the faid A. B. hath ofcentime?, at leaft once fince the Affirming and Utter- ing the defamatory Words mentioned in the next foregoing Article, owned and con- C fcffed felfed that he {poke the faid defamatory \\ ords, as in the next preceding Article is fet forth j and the Party Proponent doth al- ledge and propound as before. 4. Thcit by Reafon of the fpeaking of the faid defamatory Words, the good Name, Fame and Reputation of the laid C. D. is very much hurt, injured and aggrieved a- mongft her Neighbours, Acquaintance and others ; and this was and is true, publick and notorious ; and the Party Proponent doth alledge and propound as before. 5. That the faid jf. B. was and is of the Parifh of in the faid County of and Diocefe of and therefore fubjecft £0 the Jurifcli61ion of this Court j and the Party Proponent doth alledge and propound as before. 6. That the faid C. D. the Party Agent in this Caufe, hath rightly and duly com- plained of the PremifTes to you the (^here infcrt the ytidge^s 1'itle) aforefaid, and to this Court ; and the Party Proponent doth alledge and propound as before. 7. That all and fingular the Premiflfes aforefaid were and are true, publick and notorious ; and thereof there was and is a publick Voice, Fame and Rej>ort, of which legal Proof being made, the Party Propo- nent prays Right and Juftice to be admini- fbred to her and her Party in the Premiffes, and that the faid A. B. for his Excefs in the Premilfes, be duly forced and com- pelled to retra6t and reclaim the defama- tory Words aforefaid -, and that for the fu- ture he refrain from uttering fuch defama- tory Words as aforefaid ^ and that he be eon- in tlje €ccleria(?(caJ Cotitt^* 19. condemned in the Cofts made, or to be made, in this Caufe, on the Part and Be- half of the faid C. D. and compelled to the due Payment thereof by you, and your definitive Sentence or final Decree to be given in this Caufe ; and farther to do and decree in the PremifTes what fhall be lawful in this Behalf, not obliging herfelf to prove all and Angular the PremilTcs, or to the Bur- then of a fuperfluous Proof, againft which the Party Proponent protefts ; and faving always to herfelf all Benefit of Law, prays^ that fo far as fhe fhall prove in the Pre- mifiTes, io far fhe may obtain in this her Suit, humbly imploring the Aid of your Office in this Behalf. Interrogatories adminiflred^ and to he adminlfired^ hy and on the Tart and behalf of A. B. of the TariJJo p/ — in the County of — ■ — to whatever pretended Witnejfes are, or fljall he produced^ on the 'Behalf of C. D. of the fcune Tariflj and County afore- faid, Spinfterj follozv^ to wit^ 1. T ET each Witnefs be asked. Are you J / any ways related or of kin to the Producent in this Caufe ? If yea, fet forth in what Manner or Degree of Kindred you are fo related ; and Interrogate each Wit- nefs jointly and feverally to every Thing contained in this Interrogatory. 2. Let each Witnefs be asked. What Pro- fefTicn, Bufinefs or Employment do you C 2 follow ? 20 €6e CIci-V^ 3iif{ruct3^ follow ? How have you got, and do now get your Livelihood, and maintain your I'elf ? Where and in what Street or Streets, Place or Places, and in whofe Houfe or Houfes, Lodging or Lodgings have you lived or lodged for thefe five Years laft paft, and by what Name or Names have you gone by for and during all the faid Time? And Interrogate each Witnefs as before. 3. Let each Witnefs be asked, In what Monthy Day of the Week, and Hour of the Day,, were the pretended defamatory Words Libellate, pleaded in the fecond pre- tended Pofition or Article of the pretended Libel, given and admitted in this Caufe on the Behalf of the Producent, fpoken by the Miniftrant? And where, and in ^hofe Houfe, arid jn what Room or Part of the faid Houfe were the faid pretended defamatory Words, or any other, and what pretended defamatory Words fpoken by the Miniftrant, and who was or were pre- fent befides ? And Interrogate each Wit- nefs jointly and feverally, and to every Thing as above. 4. Let each Witnefs be asked, How came you to be prefent when the pretended defamatory Words Libellate as aforefaid,c«' any other, and what pretended defamatory Words were fpoken by the Miniftrant? Was there any, and what Quarrel arofe between the Producent and Miniftrant in this Caufe? If yea, fet forth the Particulars thereof to the beft of your Knowledge, Re- membrance and Belief, and confider you are Ill tl)t Ccclefiafficnf Comt^. 21 are upon your Oath j and Interrogate as before. 5. Let each Witnefs be asked, Have you at any Time, and when and where, heard the Miniftrant in this Caufe own and con- ^ fefs that he fpoke the faid pretended de- famatory Words Libellate as aforefaid, al- ledged and propounded in the third pre- tended Pofition or Article of the faid pre- tended Libel ? Who was, or were prefent befides yourfelf, to hear fuch pretended ConfefBon or Declaration Wtede by the Mi- niftrant ? Declare the Truth, and confider you are upon your Oath -, and Interrogate as before. 6. Let each Witnefs be interrogated, Have you heard, and from whom, at any Time, and when and where, and do you in your Confcience verily believe, that the good Name, Fame and Reputation of the Producent is any ways hurt, injured and aggrieved among her Neighbour's Acquain- tance and others, by Reafon of any fuch pretended defamatory Words Libellate, fpoken by the Miniftrant, as pretended, and pleaded in the fourth pretended Pofition or Article of the faid pretended Libel ? and Interrogate as before. 7. Let each Witnefs be asked, Have you any particular Friendfhip, Intimacy, Cor- refpondence or Acquaintance, and for how long, with the Producent in this Caufe ? Have you not heard, and do you not in your Confcience verily believe the faid Pro- ducent to be a troublefome, quarrelfome and litigious Woman, and commonly ac- counted, reputed and taken fo to be in the C 3 Neighbour-: 2 2 C&e Cletk'fii JnffctiSo? Neighbourhood where (he lives ? And have you not heard that the Producent has brought feveral pretended Anions of Defa- mation in this Court againft fundry Per- fons, and againft whom by Name in parti- cular ? W hethcr the Producent is not com- monly accounted and reputed to be a Per- fon of very bafe Principles ? Set forth the Truth, and confider y^m are upon your Oath • and Interrogate as before. 8. Let each Witnefs be asked, Have you received, been promifed, or do expert to receive any, and what Fee, Gratuity, Re- ward or Confideration whatever, from the Producent, or her Agent or Agents, or from any other Perfon or Perfons for her, or upon her Account, in giving your Evi- dence in this Caufe on the Behalf of the Producent ? Are you any ways indebted to the Producent in any, and what Sum or Sums of Money, or upon any other and what Account foever? If yea, fet forth the fiime, and what Securities are given for fuch Sum and Sums of Money refpeftively. And whether do you not expedt, or have been promifed, to be releafed or difcharged from the fame ? Or whether are you not actually releafed or difcharged by the Pro- ducent from the fame, for giving your Evidence in her Behalf? Have you, or any of your Friends or Relations upon your Account, any Intereft, Dependance or Ad- vantage, and what, upon the Event of this Suit, in Cafe the fame is given in Favour of a:he Producent by being examined as Wit- neffes on her Behalf? If yea, fet forth the famcj in tJjz etcUtMiccil €niivt^. 25 fame, and confider you are upon your Oath ^ and Interrogate as before. 9. Let every Witnefs declare the Rea- fons of their Knowledge and Belief of and concerning every Matter and Thing they have depofed in this Caufe. Ju Jffidavit in the fame Caufe co?i- cernmg a Witnefs being abroad, — Day of Sc. D. againft B. WHICH Day appeared perfonally C. D. Spinfter, Party in this Caufe, and by Virtue of her corporal Oath de- pofed, that M. O. who is a material Wit- nefs to prove the Contents of the Libel given in and admitted on her Behalf in this Caufe, in the beginning of the Month of — laft, and more particularly before the — •— Day of being the Day on which the faid Libel was admitted, proceeded on Board the one of his Majefty's Ships now ftationed in to which Ship he be- longs j and the Deponent faith, that fhe verily believes the faid M. O. is now on Board the faid Ship the and that the faid Ship is expe6ted to return to Fj2gland aboit the Month of — \ next, and not before. C D. was fworn before C. 1), TioGtor J. L. on the — Day of — K.B. Notary Publick, being prefent. C 4 4 >4 '^tljc Clctft'^ 3inBrimoi J ' CojJipulfory againfl JVit7ieJfes in the fa?;2e Catife» X-y« By Divine Permiflion, Bifhop of • f To all and fingular Clerks and li- terate Perfons whomfoever and wherefp- ever in and throughout our whole Diocefe of Greeting: Whereas the Worfliipful H. H. Dodor of Laws, Qhere infert the ^itle of the Judge) of our Court of -la\5/fully appointed, rightly and duely proceeding in a certain Caufe of Defama- tion or Slander now depending before him in Judgment between C I), the Party Agent and Complainant of the one Part, and A. B. the Parry accufed and com- plained of, on the other Part, at the Peti- tion of the Pro6lor of the faid C D. al- ledging, that E. F- and G. H. were and are Witneffes very neceffary to prove the Con- tents of a certain Libel given in and ad- mitted in the faid Caufe, on the Part and Behalf of the faid C. Z). who having been offered their neceffary Expences, have and do ftill refufe to come and attend to give ?heir Teftimony of the Truth of what they know in the abovefaid Caufe, unlefs by Law compelled thereto, hath therefore de- creed the faid E. F. and G. H. to be cited to appear in the Manner and to the Effec*!: here under-written (Juflice fo requiring ;) We dp therefore hereby authorize, jm- power, and ftridlly injoin and command you jointly and feverally peremptorily to citCj or caufe to be cited, the aforefaid ill tlje Ccclefiaftical Coutt^. zs E. F. and G. H. that they, and each of them, appear perfonally before (^) our («) if upon a (here infert the Judge's i'itle') aforefaid, his Commiffion Surrogate, or fome other competent Judge °^ ^^^^^^' in this Behalf, in {here mention the Place ^^^^^^ ^^ ^Jj_ of appearance') and Place of Judicature lows, (to wit,) there, upon — — the • Day of in Our beloved the Year of our Lord between the ^\^- ^i,- XT f J • u and alio R.R. Hours of and — in the noon ^j^^ j j^ of the fame Day, then and there to take Commiffion- the Oath by WitnefTes ufually taken, and ers, named by to teftify the Truth of what they know in our^aidCom- this Behalf, and further to do and receive UJSnffter^^he" ■what unto Law and Juftice ftiall appertain, Oath to the under Pain of the Law, and Contempt Witnefies,and thereof And whatfoever you ihall do, or ^^^o. ^^ ^^• caufe to be done in the Premises, you (hall ^^^^^^l^^' duely certify our Cohere mfert the Judge's nefles are or ^itle') aforefaid, his Surrogate, or fome fhall be pro- other competent Judge in this Behalf, to- 'i^ced by and cether with thefe Prefents. Dated at °" 'l\ ^f ^ the Day or in the Year oi our ^^^ ^^^^ q j) Lord ' — in the Parifh Church of — in the County of on the ■ Days of in the Year of our Lord or at any other Time and Place to be appointed by the fai4 Commiffioners jointly and feverally. J Coinpulfory a^aiiifi Witiieffes hy Let- ters of Requejl i?i the fame Cmfe. J By Divine PermifHon, Bifliop of • To all and fingular Clerks and literate Perfons whomfoever and wherefoever in and throughout our whole Diocefe of Greeting: Whereas we have lately received I.etters of Requeft from the Right Re- verend ^6 €Ije €lt\:\{0 Jn{fai3o? vcrend Father in God E. by Divine Per- uiiilion. Lord Bifhop of of the Tenour and in the Words following, that is to fay, E. by Divine PermifTion, Bfhop of • To the Right Reverend Father in God y. by the fame Permiffion, Lord Bifhop of or to his Vicar General, or any O'her competent Judge in this Behalf, Greet ng. in our Lord God Everlafting; Whereas it hath been alledged before the V orihipful H. H. Dodlor of Laws, our (bcTC hjfert the Judge's 1'itks^ of our — — Court of in a certain Caufe of Defa- mation or Slander, depending before him in Judgment, between C. D. the Party Agent and Complainant on the one Part, and yi. E. the Party accufed and complained of on the other Part, on the Behalf of the faid C. D. That E, F. G. H. and J. K. are Wit- nefles very neceffary to prove the Contents of the Libel given in, exhibited and admitted in the faid Caufe, on the Part and Behalf of the faid C D. who having been offered their neceffary Expences, have and do ftill refufe to attend and give their Teftiniony in the faid Caufe^ unlefs by Law com- pelled thereto; and that the faid E, F, G. H. and J. K. do now dwell and inhabit within your Diocefe of our faid Vicar General did at the Petition of the Prottor of the faid C. D. decree the faid E, E G. H. and J. K. to be cited, compelled and called to Juftice at the Day, Time and Place, and for the Purpofes, and in the Manner and Form here under-written, (Juftice fo requiring :) And whereas the faid E. F. G. H, and J. K. by reafon of their in tfje ^cclcfiaftical Coucts. 27 their dwelling and inhabiting within your faid Diocefe of cannot in due Courfe of Law be cited or compelled by our Au- thority to appear before our faid in our faid Court of- We do there- fore, in Aid of Juftice, requeft that you will by your Authority caufe the faid E. F. G. H. and J. K. to be peremptorily cited perfonally to appear before our faid in our faid Court of his Surro- gate, or fome other competent Judge in this Behalf, in Qbere fpecify the Place of Appearance") and Place of Judicature there, upon the — Day of next enfuing, between the Hours of and in the noon of the fame Day, then and there to take the Oath by VVitneffes ufually taken, and to teftify the Truth of what they know in this Behalf^ and further to do and receive what unto Law and Juftice Ihall appertain, under Pain of the Law, and Contempt thereof; and that you would be pleafed to certify our faid his Surro- gate, or fome other competent Judge in this Behalf, what ye fhall do, or caufe to be done, in the Premiffes, and we on our Part, on the like Occafion, fliall be always ready to return you the like Favour. Dated at — this Day of in the Year of our Lord And whereas the Worfhipful H. H. Doftor of Laws, our Commiflary for the Parts of lawfully appointed, hath (the faid Letters of Requeft being firft pre- fented to him) at the Petition of the Prodor of the faid C D. in Aid of Juftice, and purfuant to the faid Requeft, decreed the faid E. F. G, ^ and J. K. to be cited, com- 28 €f)c €lttk'^ Jnmnim compelled and called to Juftice at the Day, Time and Place, and to the Effect, and in Manner and Form here under-written, ac- cording to the Tenour of the aforefaid Let- ters of Requeft, (Juftice fo requiring i) We do therefore authorize, and ftrid:ly in- ^oin you jointly and feverally, that you do peremptorily cite, or caufe to be cited, the aforefaid £. R G. H. and J. K. that they, and each of them, appear perfonally before the faid VVorlhipful H. H. Do6tor of Laws, ijbere infert the 1'itles of the Judged of the ■ Court of the Right Reverend Father in God E. by Divine Permiflion, Lord Bifhop of • his Surrogate, or fome other competent Judge in this Behalf, {here ffecify the Place of Appearance') and Place of Judicature there, on Qjere fpecify the Retrmz) next enfuing, between the Hours of and in the noon of the fame Day, then and there to take the Oath by WitnefTes ufually taken, and to teftify the Truth of what they know in the faid Caufe, and further to do and receive what to Law and Juftice ftiall appertain, under Pain of the Law, and Contempt thereof; and that you certify what you fhall do in the PremiiTes to the aforefaid IL H. Do6tor of Laws, his Surrogate, or Come other competent Judge in this Behalf, epgether with thefe Prefents, Dated, &c. in t!)C €alcfiallical Courts'. ^9 J Se7iteme in the fafiie Caiife, IN the Name of God^ Amen : Wq H. H. f^l^- ^^ Do6tor of Laws (^here i72f€rt the titles of the Judge') of the Right Reverend Fa- ther in God E. by Divine Permifliona Lord Bifliop of -^f-^^^^ and of the- Court ofi?U^ lawfully appointed, rightly and duely proceeding, having heard, feen and uiKlerftood, and fully and maturely difcuiTed the Merits and Circumftance5 in a certain Caufe of Defamation or Slan- der, which is controverted, and remains undetermined before us in Judgment, be* tween C. D. of the Pariih oi lC?M*''^\n the County of-^^'ei^'Nand Dioccfe of ({. Spin- fteri the Party Agent and Complainant on the one Part, and A. B. of the fame PariOi in the County and Diocefe afoieiaid, the Party accufed and complained of, on the other Part; and the Parties aforefaid law- fully appearing before us in Judgment by their Prodors refpedlivcly, and the Proclor of the faid C D. praying Sentence to be given, and Juftice to be done to his Party ^ and the Pro61or of the faid A. B. alfo earneftly praying to be done to his Party ; and having firfl carefully and dili- gently fearched into and confidered of the whole Proceedings had and done before us in this Caufe ; and having obferved all and fmgular the Matters and Things that by Law in this Behalf ought to be obferved, we have thought fit, and do thus think fit, to proceed to the giving our definitive Sen- tence or final Decree in this Caufe, in Man- ner BO €f)e €im'^ JnltiHiafo? her and Form following, (to wit,) Foraf- much as by the A&.5 enabled, deduced, al- ledged, exhibited, propounded, proved and confefled in this Caufe, we have found, and it doth evidently appear unto us, that the Prodtor for the faid C D. hath fully and fufficiently founded and proved his Inten- tion, deduced in a certain Libel, and other Pleadings and Exhibits, given in, exhibited and admitted on her Behalf, and now re- maining in the Regiftry of this Court (which Libel, other Pleadings and Exhi- bits, we take, and will have taken, as if here read and inferted) for us to pronounce as herein after is pronounced ^ and that nothing, at leaft nothing eifeftual, hath on the Part and Behalf of the faid A. B. been excepted, deduced, exhibited, propounded, proved or confeffed in this Caufe, which may or ought in any wife Defeat, Preju- dice or Weaken the Intention of the faid C D. Therefore we H. H. Dodor of Laws, the Judge aforefaid, having firft called upon the Name of Chrift, and having God alone before our Eyes, and having heard Counfel thereupon, do pronounce, decree and declare, that the faid y4. B. did in the Year, Months and Place in the faid Libel mentioned, or fome or one of them, con- trary to good Manners and the Bond of Charity, publickly and malicioufly in an angry, reproachful and invidious Manner, defame the faid C. D. and malicioufly fay, publifh and report feveral fcandalous, re- proachful and defamatory Words in the faid Libel mentioned, tending to the Infamy, Hurt and Diminution of the Eftace, good 4 Name, in tlje €cclcriafiical Courts. 31; Name, Fame and Reputation of the faid C D. "wherefore we do pronounce, decree and ckclare, that the Caid ^. B, ou^ht to be duely and canonically corrected and pu- nifhed according to the Law, in that Be.^ half provided, for his fo great Excels and Rafhnefs in the PremifTes, and to be forced and compelled to reclaim fuch defamatory Words, and to the Reftitution of the good Name, Fame and Reputation of the faid C D. and defift from fuch defamatory" Words for the future. And we do alfb pro- nounce, decree and declare the faid yf. B. to be injoined and compelled to perform a faJutary and fuitable Penance, according to his Demerits, for his Excefs aforefaid ^ and we do alfo pronounce, decree and declare, that the faid y^. B. ought to be, and we do condemn him in lawful Cofts. J Monition to perforvt a Tenajice in the fame Ccinfc, E By Divine Permifiion, Bifhop of • • To all and finguiar Clerks and li- terate PerfojiS whomfoever and wherefo- ever in and throughout our whole Diocefe of — — Gieeting: w^hereas the Worlhipfu! H U. Dealer of Laws, (Joere infert the ^it'^es of the fudge^ of the Court of — - lawfully appointed, rightly and duely pro- ceeding in a certain Caufe of Defamation or Slander, lately depending before him in Judgment, between C D. of the Parifli of in the County of and Diocefe aforefaid, Spinflerj the Party Agent and Coii>- 32 t:6e Cl€rt'0 ifiiffcuso? Complainant of the one Part, and A. Si of the Parifh aforefaid, the Party accufed and complained of, on the other Part, hath read and promulged a certain definitive Sentence in Writing, on the Part and Bc- hjllf of the faid C D. and againft the faid yi. B. by which Sentence (among other Things) he hath declared and pronounced that the faid ^. B. hath malicioufly fpoken and uttered certain opprobrious and defa- matory Words mentioned in the Libel, given in and admitted in the faid Caiife, to the Reproach of the faid C. D. aind Di- minution of her good Name, Fame and Reputatiori, and hath injoined him the faid y4. B. a filutary and fuitable Penance for fuch his Excefs in the PremifTes, as the Law requires, and hath, at the Petition df [a) If by the Pro61or of the faid C D. {a) decreed Means ke ^^^ ^^^^ ^' ^- ^^ ^^ ^""^^^ ^"^ monifhed, to the Precedent cxtraft, or caufe to be extradted, a Schedule next imme- of the Penance in this Behalf injoined, and diately fol- ^q perform the fame according to the Form ^°S' ^at °^ ^^^ ^^'^ Schedule, at the Time and Line 17. Place as (hall be therein fpecified, (Juftice Page 34. af- fo requiring •) We therefore authorize, and ter c. D. and ftridlly injoin arid command you jointly arid ending atLine fgygi-^Hy peremptorily to monifli, or caufe sx' fo^f^ be^ to be monifhed, the aforefaid A. B. to ex- cited and mo- tra^t, or caufc to be extrat^ed, out of the niped. Regiftry of our faid ■ Court, a Schedule of the Penance injoined as aforefaid, and really and truly to perform the fame, ac- cording to the Tenour and Purport thereof, on Sunday the Day of Inftant, in the Veftry of the Parifli Church of • aforefaid, immediately after Morning Pray- 4 ers in tJjt €ccMMical Courts* 31 ers and Sermon are ended in the faid Church, and to certify the due Perfor- mance thereof to our faid his Surro- gate, or feme other competent Judge in this Behalf, on or before the Seffion of next Term, to wit, Day of — — next enfuing, otherv^ife to appear perfonally be- fore our f lid his SurrO:^ate, or fome other competent Judge in this Behalf, in the Qfpcciiy the Place of Appearajice') and Place of Judicature there, upon the firfl: Seflion of Term next, at the ufual Hours of hearing Caufes and doing Jiiftice there, then and there to lee and hear him- lelf excommunicated for not extracting, or caufing the faid Schedule of Penance to be extracted, out of the faid Regiftry, and for not performing the fame according to the Tenour and Purport thereof, at the Time and Place in the faid Schedule to be fpecified, and for not certifying of the due Performance ^hereofj and further to do and receive what unto Law and Juftice fliall appertain, under Fain of the Law, and Contempt thereof; and what you lliall do, or caufe to be done in the PrcmiflTes, you Ihall duely certify our aforefaid, his Surrogate, or fome other competent Judge in this Behalf, together with thefe Prefents. Bated the 7^^ Day ofp^fcyin the Year of our Lord -;/-V;f ^v ^ tpl D 34 €lje Clerk'^ SinlftuSo? J Monitio7z hy Ways a7id Men?2s to pay Cofts of Suit in the fame Canfe, By Divine Permiflion, Bifhop of '1 o all and fingular Clerks and li- terate Perfons whomfoever and wherefo- ever in and throughout our whole Diocefe of Greeting : Whereas the Worfnipful //. H. Doctor of Laws, {Jjere infcrt the' titles of the fu^ge) of our Court of ' lawfully appointed in a certain Caufe of Defamation or Slander lately depending before him in Judgment between C D. of the Parifh of in the County of • and Diocefe of Spinfter, the Party -Agent and Complainant of the one Part, and A. B. of the fame Parifh, the Party accufcd and complained of, on the other Part, hath at the Petition of the Proctor of the faid C D alledging, that A. B. aforefaid had been feveral Times diligently fought for by the Mandatory in this Behalf fufficiently and lawfully authorized and appointed, with an Intent of f.:rving him perfonally with a Moni- tion for the Purpofes hereafter mentioned, but that he (o abfconded and concealed him- fclF, that he could not by any Means be perfonally ftrved by our faid Mandatory, hath therefore decreed, that the faid yf. B. fhould be cited and moniflied to pay, or caufe to be paid, the faid Cofts, as before taxed to the faid C D. or her Proclor, for her Ufe, in Manner and Form as here under mentioned, ( Tuftice fo requiring j) We in tlje Cccfefiafffccil Cotrrt<^. 35 We do therefore authorize, and flridly injoin you jointly and feverally, that you do pe- remptorily cite and monifli, or caufe to be ci- ted and monifhed, the laid A. B. perfonally, if he can be fo cited, and you can have fafe and free Accefs to him, fo to do; otherwife by publickiy affixing this our Monition for fome Time on the outward Doors of his Dwelling-houfe or laft ufual Place of Abode in the Parilh of in the County of • and wherein he now doth or did lately dwell, or on the outward Doors of the Parifh Church of the faid Parifh, upon the Sunday or Feftival Day next and immediate- ly following your Receipt hereof, during the Time of Divine Service, and leaving there affixed a true Copy thereof, and by all other lawful Ways, Means and Methods whatfoever, whereby this our Monition may moft likely come to the Knowledge of him fo to be cited and monifhed, to pay, or caufe to be paid, really and efFedually to the faid C D. or her Pro61or for her Ufe, the Sum of for the Cofts taxed, and 14 J. 10^. for the Cofts of this Monition, within twenty Days after the due Execution of the fame, under Pain of the Law, and Contempt thereof; and what you fhall do, or caufe to be done in the PremifTes, you fhall duly certify our or his Surrogate, or fome other competent Judge in this Be- half, together with thefe Prefents. Dated the Day of in the Year of our Lord .v. B. If A. B. the Defendant in this Caufe, had not appeared to the Pro- D 2 cefs 36 €{je Cfet^'js Jnflruafo? cefs or Citation by Ways and Means before mentioned, the Proceedings would have run thus : An A'cl of Court for mi 'Excoimmmi' cation upon Non-^ appearance to a Trocefs in the fame Cciufe. — SefT of — Term, to wit, — Day of— ^e. The Certificate is continued. D. againft B. w HICH Day A. B. of the Parifli of — — in the County of the Pr.rty cited in this Caufe to anfwer to C D. of the fame Parifh, Spinfter, in a certain Caufe of Defamation or Slander j being three Times called, and not appearing, but contumacioufly abfenting himfelf, the Judge, in Pain of fuch his Contumacy, at the Pe- tition of IV. decreed him to be excommu- nicated, but the fame not to be extra6led till next Court-Day, and at the further Pe- tition of IV. continued the Certificate of the original Citation to the fame Time , and the Reverend ST. O. Clerk of the Parifh Church of in the County of Presbyter, in this Behalf lawfully autho- rized by reafon of the PremiiTes ^ and at the lik^ Petition of IV. purfuant to the a- bove Decree, hath, by a Schedule duely read and figned by him, excommunicated the faid y^, B. by tiie Sentence of the greater Excommunication. Ill tJjt €ccleria(!fcaf Courts?. 37 J/i ExcoJ/27iw7ncation for Non-appear- ance to a Trocefs in the fame Caitfe, J By Divine — {Jjere infert the ArohbiJIjop • or Bifljop-i to wbofe Province or Diocefe the Canfe belongs') To all and fingular Redors, Vicars, Chaplains, Curates and Clerks whjomlbever and wherefoever in and thro'- out our whole of Greeting: Whereas the Right Worfhipful T. R. Doc- tor of Laws, Qhere infert the I'itles of the fudge) of our Court of law- fully appointed, rightly and duely proceed- ing in a certain Caufe or Bufincfs of Defa- mation or Slander, and merely Spiritual, depending in Judgment before him or his Surrogate, between C. D. of the Parifh of in the County of Spinfter, the Party promoting the faid Caufe or Bufinefs on the one Part, and yf. B. of the fame Parilh, the Party againft whom the faid Caufe or Bufinefs is promoted, on the other Part, did at the Petition of the Proftor of the faid C D. the faid A. B. by reafon of his manifeft Contempt and Con- tumacy in not appearing, lawfully before him, or his Surrogate, on a certain com- petent Day, Time and Place appointed to him the faid yl B. and long fince paft, pur- fuant to the original Mandate or Citation iflTued out againft him in the faid Caufe of Bufmefs, and duly and perfonally ferved on him, and having been thrice publickly called, long and fufficiently expeded, and in no wife lawfully appearing, but contu- D 3 macioufly 3^ €6e QTlctU'd 3!n(!cuSo^ macioufly abfenting himfelf, and ftill per- fevering fo to do, pronounce him Contu- macious, and in Pain of fuch his Contu- macy, decreed him to be excommunicated, ( Juftice fo requiring ;) And whereas the Reverend 'T, O. Clerk, the Presbyter in this Behalf, lawfully authorized by reafon of the PremifTes, and at the like Petition of the Pro61or of the faid C. D. according to the original Mandate or Citation aforefaid, hath in Writing excommunicated the faid A. B. We do therefore by thefe Prefents authorize, impower and ftrictly injoin you jointly and feverally, that you, in fome or one of your Parifh Churches, on the Sunday or Feftival Day next immediately following the Receipt of thefe Prefents, during the Time of Divine Service, (while the greater • Part of the Congregation are prefent to hear Divine Service there,) openly and publickly denounce and declare the faid A. B. by our Authority Ordinary and Epif- copal, to be excommunicate j and what you fhall do, or caufe to be done, in the Pre- mifl'cs, you (hall duely certify the of the Court of aforefaid. Dated^ &c. ^ Schedule of an Exco?n7/wnication for No?i-appeara7ice to a Trocefs in the fame Caufe, IN the Name of God, Amen : Whereas the Right Worfliipful r. R. Dodor of Laws, Qerc infert the 1'itks of the Judged in tfje Cccfrfiafiicnl Courts* 3^ of the Court of lawfully ap- pointed, rightly and duely proceeding in a certain Caufe or Bufmefs of Defamation or Slander, and merely Spiritual, depending in Judgment before him, or his Surrogate, between C D. of the Parifli of in the County of Spinfter, the Party pro- moting the faid Caufe or Bufinefs, of the one Part, and A. B. of the fame Parlfli, the Party againft whom the faid Caufe or Bufinefs was promoted, on the other Parr, did at the Petition of the Prodor of the faid C D. the faid A. B. by reafon of his manifeft Contempt and Contumacy in not appearing lawfully before him, or his Surrogate, on a certain competent Day, Time and Place appointed to him the faid A. B. and long fince paft, purfuant to the original Mandate or Citation ilTued out againft him in the faid Caufe or Bufi- nefs, and duely and perfon^Uy ferved on him, and having been thrice publickly called, long and fuf^iciently expected, and in no wife lawfully appearing, but contu- macioufly abfenting himfelf, and flill per- fevering fo to do, pronounce Contuma- cious, and for fuch his Contumacy de- creed him to be excommunicated, under Sentence of the greater Excommunication, (Juftice fo requiring ,) Therefore we fZl O. Clerk of the Parifh Church of Presbyter, in this Behalf lawfully autho- rized, by reafon of the PremifTes, and at the like Petition of the Prodlor of the faid C. D. purfuant to the above Decree, do by thefe Prefents excommunicate him the faid D 4 A.B, 4® 'S'fje Cfcr!^'^ Jnffrufici A. B. by the Sentence of the greater Ex- communication. This Schedule of Excommuni- cation was read the Day of ' by me ^. O. J SIgnificavit to the Kifig-, hi order to obtain ci Writ grained to take an ex- com?;junicated Perfv7i into Cujlod)\ in the fame Ca/fjc. f- -'/> ___ TO our mod ■Smmr^ Prince iMMrilft) and Sovereign Lord George the Second, by the Grace of God of Great Britain/, France and Ireland^ K-ing, Defender of the Faith : We I", by Divine Qjere infert the Archbijbop or Bijbop^ to ixhofe Province or Diocefe the Cdufe belongs) with all Duty, SubmifTion and Obedience due to fo ilJu- llrious a trince. Greeting, and wifliing Pro- fperity here and hereafter, in him by whom Kini;S Reign, and Princes bear Rule, we do with ail humble Obedience fignify and make known to your Royal Majefty, That the Right Woriliipful 2l K. Doctor of Laws, (_bere injcrt the ^litle ol the Judge^ of the Court of lawfully appointed in a certain Caufe or Bufinefs of Defamation or Slander, and merely Spiritual, now depend- ing in Judgment before him, or his Surro- gate, between C. D. of the Parilh of in the County of- — -- Spinfter, the Party promoting the faid Caufe or Bufinefs of the iQne Part, and A. B. the Party againft whom in tljc Ccclefiailical Courtis. 41 v/hom the faid Caufs or Bufinefs was pro- moted, on the other Part, hath at the Pe- tition of the Prodor of the faid C D. pro- nounced the faid yf. B. Contum.icious (by reafon of his manifeft Contempt and Con- tumacy in not appearing lawfully on a cer- tain competent Day. Time and Place ap- pointed to him the faid y^. B. and long fince paft, purfuant to the original Mandate or Citation ifTued out againft him in the faid Caufe or Bufinefs, and duely and perfonally ferved on him; and having been thrice pub- lickly called, long and fufficiently expedled, and in no wife lawfully appearing, but con- tumacioully abfcnting himfelf, and ftili per- fevering fo to do) and decreed him to be ex- communicated, and commanded and caufed him to be openly and publickly denounced Excommunicate in the Face of the Church, by a Presbyter lawfully authorized in that Behalf, whilft the greater Part of the Con- gregation was prefenr to hear Divine Service there, and under the Sentence of Excom- munication f jr forty Days, and more, fince the Publifhing thereof, through an obftinate and incorrigible Difpofition ftood, and doth now ftand, in Contempt of your Majelly's Authority and Jurifdidion Ecclefiaftical, to the great Prejudice of his Soul's Health, and pernicious Example of other good Chrillians t, and whereas the Ecclefiaftical Laws have no further Power in this Behalf, we therefore humbly fupplicate and befecch your Majefty, in order to reform the Con- tumacy and Contempt of the faid yf. B. fo excommunicated as aforefaid, that your Majefty would vouchfafe to be gracioully pleafed, 42 'Srije €feift'<5 3!nf!ruSa? pleafed, purfuant to the Laws and laudable Guftoms and Statutes of this Realm, to extend your Royal Aid, and Command to your Secular Officers, to take and imprifon the Body of the faid A. B. that they, whom the Fear of God will not reclaim from their evil Ways, your Majefty's Obfervance may force and compel ^ and may the Al- mighty long preferve your Majefty, to the well governing your People. In Teftimony whereof we have caufcd the Seal of our ' • Court of to be affixed to thefe Prefents. Dated the Day of > in the Year of our Lord and in the — — Year of our Tranflation. Ju fn tfje €cclcfiaaica! Caiirt.5. 43 Jn Acl of Conn o?i ahfohing a Ter- foil excommimicated for Contumacy in not appearins^^ C07if effing a Lihel^ and injoiniiig Penaiice iii that fame Caufe, Day of before the Worfhipful IV. IV. Doctor of Laws, Surrogate, ^c. in the Prefence of the Notary Publick underwritten. C. D. of the Parifh of in the County of againft /^. B. of the fame Parifh, in a certain Caufe of Defa- mation or Slander. ir. c UPON which Day appeared perfonally the faid A. B. the Party Principal in this Caufe, and alledged that he was and is excommunicated by the Authority of this Court in the Parifh Church of afore- faid, in not appearing on a certain compe- tent Day, Time and Place appointed him, and fince elapfed, to anfwer to the faid C. D. in a certain Caufe of Defamation or Slan- der, and that he is now ready and willing to obey the Law and Mandates of the Church in all Things jufl and reafonable, and alfo ready and willing to ,pay to the faid C. D. or to her Pro6tor, all Fees due for his Contumacy in this Behalf, where- fore he prayed, and the faid Surrogate at his 44 Cfje €Ut^'0 jnmmt his Petition, (he having firft made Oath of well and truly obeying the Law and Man- dates of the Church in all Things juft and reafonable, and paying the adverfe Pro6tor the Contumacy Fees due in this Behalf) ab- folved him from the Sentence of the Ex- communication, brought and infli61ed upon him by the Authority of this Court for his Contumacy in not appearing as aforefaid, and reftored him to the Communion of the Faithful, and thereupon decreed Letters Teftimonial to be granted, then the faid ^. gave a Libel in this Caufe in Writing, which he prayed to be admitted, and the faid C to anfwer thereto immediately, and Right and Juftice to be done to his Party, and the faid CSs Client to be condemned in Cofts made, and to be made, in this Caufe, on the Part and Behalf of the faid C D. his Party, the faid C. dilTentingj but in order to avoid further Trouble and Expences, gave an Affirmative Ilfue to the faid Libel, which being done, the faid Surrogate injoined the faid y^. B. to do a falutary Penance for his Soul's Health and Reformation of his Manners, to be performed in the Veftry- Room of the Parilh Church of afore- faid, immediately after Morning Prayer and Sermon ^re ended, before the Minifter and Church-wardens of the faid Panfh, and in the Prefeiice of C D. of the Parifh of aforefaid, and in the Prefence of five or fix more of the Friends of her the faid C D. if they fliall be there, otherwife in their Abfence, on Sunday next the Day of and condemned the faid yf. B. in the Cofts, according to the Style of this Court, Ill tfie €cc!eDnffical Courts* 4j Court, which he immediately paid ; and decreed the faid C to certify the due Performance of his Penance on the - Seffion of Term. An Ahfohitkn from an Exco?mminica' Hon for Contumacy in not appearing^, i7i the fame Caiife* \ /I By Divine PermiHRon, Bifhop of- To all and fingular Re^ors, Vicars, Chaplains, Curates and Clerks whomlb- ever and wherefoever in and throughout our whole Diocefe of Greeting : Whereas the Worfhipful H. H. Dotlor of Laws, (Jjcre infcrt the 1'itlc of the Judge) of our Court of lawfully ap- pointed, rightly and duely proceeding, hath abfolved and reftored to the Communion of the Faithful A. JR. of the Parifh of • in the County of and Diocefe of from a certain Sentence of Excommunica- tion, heretofore pronounced againft him for his manifeft Contempt and Contumacy in not appearing before our faid his Sur- rogate, or fome other competent Judge, to anfwer to C. D. of the fame Parifh in the fame County and Diocefe, in a certain Caufe of Defamation or Slander, he having firft made Oath to obey the lawful Orders and Commands of his Ordinary in all Things juft and lawful for the future, (Juftice fo requiring j) We therefore do ftriftly injoin and require you the faid Redtors, Vicars, Chaplains, Curates and Clerks, Clerks, jointly and feverally, upon Pain of the Law, and Contempt thereof, on the next Lord's Day, or Feftival, after Re- ceipt hereof, in your refpe6live Parifli Churches, or one of them, during Divine Service, and while the greater Part of the Congregation are there aflcmbled together for Holy VVorfhip, publickly and openly denounce and declare, or caufe to be de- nounced and declared, that he the faid A. B. was and is by our Authority as Ordinary abfolved from the faid Sentence of Excommunication formerly read and publiflied againft him as aforefaid, and re- ftored to the Communion of the Faithful in ChrifV, and that he is fo accordingly ab- folved and effedually reftored , and what ye (hall do, or caufe to be done in the PremilTes, ye fliall duely certify our faid ' his Surrogate, or fonie other com- petent Judge in this Behalf, together with thefe Prefents. Dated the Day of — in the Year of our Lord * CHAP. ill tfje €cclcruiaical CourtiCJ. 47 CHAP. II. London Ctiftoms concerniJig Jfills^ T)e- 'vifes^ Legacies, Executors a/id Di- Jirihutiofis, EVery Freeman of London may make a Note, That Will himfelf, and alter it as often as he ^^^^^^^^^^^ pleafes, but he muft have Regard to the ^^JJ^was^paft) Cuftom o^ Loudon J of giving to his Wife one whereby third Part of his Perfonal Eftate, and to his Freemen have Children another third Part, and the other ^he ^^^^ third Part he may give away to whom he prrfgo^f their thinks fit. And if he have a Wife and no EfFedls as Child, fhe fhall have Half his Perfonal E- Foreigners, ftate by the faid Cuftom, and the other notwithftand- half he may difpofe of as he pleafes. And JJf^t^ Cuftom the like if he have Children only, and no Wife, they fball have one Half by the Cuftom, and he may difpofe of the other. Vide infra. If a Freeman's Will be written with his own Hand, it (hall be a good Will as to all his Perfonal Eftate, aJtho' his Name be not fubfcribed thereto, and altho' it be without Date or Witneffes; as was adjudged in the Cafe of Sir M\ I". Knt. and Alderman, who in half a Sheet of Paper writ Inftru6lions for his Will, and what Legacies he would give ; and among the Reft there was a Le- gacy of 3000/. to his Nephew's Son: This Paper was offered to be proved, which his other 4^ C6e Clcr^'ig Slnftm^fo? other Relations oppofed, the fame being not figned by him, and was without Date, or any VV'itnefles thereto; in this Caufe there was above looo/. fpent on both Sides; but being all of his Hand Writing, it was adjudged to be a good Will. But if a Freeman of London hath Free- hold Lands or Tenements to difpofe of, he muft devife the fame by Will in Writing, purfuant to an A6t of Parliament for Pre- {a) 29 C«r. 2. vention of Frauds and Perjuries (^)j w*hich cap. 3. ena(^s, that all Devifes and Bequefts of any Freehold Lands or Tenements fhall be in Writing, and figned by the Party fo de- vifing the fame, or by fome other Perfon in his Prefence, and by liis exprefs Di- re61ions, and fhall be attefted and fubfcribed in the Devifor's Prefence, by three or four credible Witnefles, or elfe be utterly void. And that no Devife in Writing of Lands, Tenements and Hereditaments, or any Clsufe thereof, fhall after the 24th of Jiwe 1677. be revocable, otherwife than by lome other Will or Codicil in Writing, or other Writing declaring the fame, or by burning, cancelling, tearing or obliterating the fame by the Teftator, or in his Prefence by his Dire6tion and Confent; but all Devifes and Bequefts of Lands and Tenements fliall re- main, and continue in Force, until fo burnt, cancelled, torn, or obliterated, or alter'd by fome other Will or Codicil, or other Writing as aforefaid ; any former Law or Ufage to the contrary notwithftanding. See the aforefaid Statute. I ' Notei tn tfie Cccltfianfcal Courtis. 49 Note i by I Bidfi. 192. a Foreigner as Devife in well as Freeman may devife his Fee-fimple ^'lortmain. Lands in Lo}?do?2 to another in Fee in Mort- main, hy the Cuftom of the City, without any Licence : But fee Dyer 255. That tho* Foreigners as well as Freemen may devife by the faid Cuftom, yet none but Freemen may devife in Mortmain. And, By the Cuftom of London^ a Devife of ^^vife of Lands is invalid, unlefs inrolled within a I^^IJ"" ^ convenient Time. Cro. Car. 669. And a Teft^ment of Goods muft be inrolled in the Huftings. Hob. 346. It is faid, that by the antient Cuftom of Reverfionsde- London^ where Reverfions of Rents are de- y^^^^ ^J ^'^'^^^ vifed by a Will inrolled in the Huftings, fuch Reverfions are fo executed, that after the Devifor's Denth the Devifee may di- ftrain, and make Avowry, or fue a Writ of Wafte, without any Attornment of the Tenants, ^c. Vide ante in General Oifioms. It is alfo faid, that a Perfon may have Ex gravi an Ex gravi ^terela upon a Devife of Lands %"^/«- there. I bequeath to my loving Wife y^lice my Bequeft of Livelihood in London for the Term of her Livelihood. Life. By this Will Lands in London will pafs by Force of the Word Livelihood. Owen 30. And Brooke Juftice there faid, it was in antient 1 imes ufed in divers Places of this Realm, and taken for an Inheritance, to which Dyer agreed. It is faid to be the Cuftom of Londofi, Freemena that if a Father advance any of his Children Wills. with any Part of his Goods, that ftiall bar them to demand any further Part, unlefs the Father under his Hand, or in his laft B Will, 5° Hotchpot, *uide pojl. Probate of Wills in Lon 51 for Infi:ru61:ion failed, but that he ftill con- tinued an Apprentice with the Executor qnoad Maintenance. 2 Salk. 426. See 2 Levinz 177. That the Executor Is liable in Covenant, if he does not inftru^t the Apprentice, or find him another Mafter. In Attachment on a Prohibition to the Prerogative Court, the Plaintiff declares on the Statute 22 Car. 2. for fettling Inteftates Eftates, and the Provifo therein for faving ,the Cuftoms of London.^ Sc. and then fhews the Cuftom of London^ for Diftribution of Eftates of Freemen dying Inteftate, viz. one Part to the Wife, one other to the Child of the Inteftate, and the third Part to his Adminiftrator C-^O i ^"^ further (^) The third ftiews, that D. the firft Husband of the Pan of the Wife, was a Citizen and Freeman of L0J2- ^^?^^ °^ * don., and died Inteftate, and Adminiftration /'''^^" P • . , , . ,,,. , III London dying; was committed to his Widow, who had a inteftate, per- Child, and that fhe had made Diftribution tainingbythe according to the Cuftom, and notwithftand- Cuftom to his ing was fued in Court Chriftian, to make a i!^'^™^'?." D J tor !s lubject Diftribution of the Part of the Adminiftra- to Diftribu- trix. The Queftion was, whether the tion by the Cuftom were good in Law? For that every A6lof22C«r, Cuftom muft be Time out of Memory, and ^ ^?"c'°"i an Adminiftrator had Commencement with- ^^^^ ^i^ i^^ in Time of Memory ^ for he was conftitu- teftates E- ted by the 31 Ediso. 3. But per Curiam the ^^tes. Cuftom was good, and is the fame with 5 Co. Rep. Sncliing'sQ^{Q-y and the Admi- niftrator was by Common Law, the King as Parens Patriae being fo. And it was a^r ed by all the Juftices, that the Heir, b) the Cuftom of London, ftiall have his Diftribu- E 2 tive 52 Diftribirtion of Freemens Eilates. Cuflom not exrended to Grandchil- dren. tive Part. 'i. Jones 204. ^ Ux' verfus Crlfp, Pat. 32 Car. 2. B. K. As to the Cuftom concerning the Difpo- Ction of Freemens Eftates, to what is faid before we may add thefe Rules in 2 Salk. 426. viz. If a Freeman of London has no Wife, but only Children, the Half of his Perlbnal Eftate belongs to his Children, and the other Half the Freeman may dif- pofe of. So if he has a Wife, and no Children, Half of his Perfonal Eftate be- longs to his Wife, and the other Half he may difpofe of. But if a Freeman has a Wife and Children, one third Part belongs to the Wife, another third Part to his Child or Children, and the remaining third Part only the Freeman ma^' difpofe of j and if fuch Freeman dies Inteftate, the Cuftom can only aifed two Thirds, and the remaining Third is fabjedt to the Sta- tute of Diftnbutions, and fo dividing the W^hole into Ninths, four Ninths belong to the W^ifc, and five Ninths belong to the Children. If fuch Freeman has two Sons, and the eldeft Son dies leaving a Son, and then the Freeman dies, the Grandchild, tho' in Law a Reprefentative of the Son who never was advanced, has no Part by the Cuftom of London ^ for the faid Cuftom extends only to the Children, and not to the Grand- children, per Northey ; and fo it has been certified by the Recorder into Chancery. If fuch Freeman has advanced any of his Children with a Portion, yet if it appears what that Portion was by any Writing under in tl)Z Ccclcfianical Cottrtc?* 53 under the Father's Hands, or by his Will Where it is or Marriage Settlement, and by the faid ua^^cr the Fa- Will or Settlement it is faid, that the faid J,tw\S^h^' Portion is, or was, in full of his Child's Part the Child has by the Cuftom, yet this Child fiiall come in received, cffc. for a Share of the Reft of the Father's y<=t brougiit Perfonal Eftate, bringing the Portion al- '"J° ^°''^- ready received into Hotchpot i otherwife it is if it does not appear under the Father's Hand what the Advancement was. 2 SalL 427. See Co. Lit. 176. ^ 12 Co. 13. J Nn?iC7!patwe Jf^ilL •Day of MEmora72dtm^ That on or about — — the Day of Inflant, U^. "t. late of the Parifh of in the County of Bachelor, being then fick of the Sicknefs whereof he died the fame Day, being of found and perfed: Mind, Memory and Underftanding, and having an Intent and Purpofe to make his laft Will and Teftament Nuncupative, or by Word of Mouth, did defire th it S. S. and J, ^4ii. xb.v^^^^'^ (being his Friends and Acquaintance) m'ght be fent for to take Notice of what he fnould fay or declare j and that the fame might contain his laft Will and Teftament Nun- cupative, or by Word of Mouth as afore- faid ; and accordingly the faid .9. S. and y. A. according to the faid //'. T'.'s Defire, came to him at his Houfe in the Parifh of— * aforefaid, and coming into his the faid IV. ^.'s Bedchamber, he the faid IV. 2l did declare E 3 and 54 "Cfie Clct^'s^ 3in(!tuSo? and utter the following Words; [^Here hifert verbatim the Le- ijes or Bequefts of the 'T'efla- for,] which v\ o cis, or Words to the fame EfFetl:, were fpoke by the faid IV. ^. in Prefence of the faid S. S. and J. A. And he then defired them to take Notice that the fame might be, and contain his laft Will and Teftament Nuncupative, or by Word of Mouth; and the faid W. 2^. deceafed was at all and fingular the PremifTes of found and perfed Mind, Memory and Underftanding, and well underftood what he faid and did. S, S, J. A. Day of the fai4 S. S- and 'J. A. were fworn to the Truth of the Pre- mifTes, before me J. H. Surrogate. Note, That every Nuncupative Will muft be reduced into Writing within fix Days, and proved in fix Months ; and in order to prove the fame, the next of Kin muft firft be cited by Pro- cefs to appear, in order to fee fuch Nuncupative Will propounded or pro- ved by WitnelTes. Afi in tl}Z Ccclefiafiicni Courtis. 55 Ju Jffida'Vit to7tchi?2g hiftmclioyis takei2 for a Wdl-i in order to ft/pport the l^rau^ht thereof made therefrom^ the Deceajed dji^/g before Executio?!, Day of — in the Year of our Lord — Appeared perfonally A. B. of the Parifh of in the County of and 5^. K. of the Parifh of in the County of and feverally made Oath -, and firft the faid A. B. maketh Oath, that fhe this Deponent knew, and was intimately ac- quainted with 0. P. late of the Parifh of — in the County of deceafed, for- Years before his Death, and that Ihe this Deponent frequently vifited him during his laft Sicknefs, and that upon the -f^t^ Day of. y'^'fr lait paft, this Deponent being with the faid Deceafed at his Lodgings in the Parifli aforefaid, and perceiving him to be very ill, asked him, if he had made his Will 5 to which the faid Deceafed replied, that he had fent for a Scrivener to make his Will 3 but fuch Scrivener not imme- diately coming, he expreffed an Uneafinefs thereat, and then defired this Deponent to take Inflru6tions for the making of his Willi 3"d thereupon Hie did, from the Deceafed's own Mouth and Dictating, take down the Inftru6lions hereunto annexed, in Manner as now appears; and that du- ring the Deponent's taking Inflrudions, one Mr. J. K. a Scrivener came to the De- E 4 cealedj $6 m)t Cicck'0 Snl^ruaoj ceafed, and the faid J. K. did then, in the Deponent's Pr fence, read the faid Inftruc- tions over audibly and diftindly to the faid Deceafed , and the faid Deceafed did then declare his Approbation thereof, and defired the faid J. K. to make his Will from fuch Inft-rudlions ; and the faid J. K. did immediately in the f a d Deceafed's Bedchamber, draw up the Deceafed's Will hereunto annexed, from fuch Inftrudions, fo far as related to the faid Inftrucftions ; which having fo done, and the faid De- ceafed not having difpofed of the Remainder ef his Eftate, nor named an Executor ; the friid J. K. asked the faid Deceafed, in the Deponent's Prefence, to whom he would give the Refidue of his Eflate, and whom he would appoint his Executor. To which the faid Deceafed replied in Words to this or the like Effed, That he intended the Refidue of his Eftate fhould be divided be- tween his Brother J. P. and his Sifter M. S. and that they fhould be the Execu- tors of his Will; and accordingly the faid J. K. added the fame thereto, which ha- ving fo done, he read the faid Form of a Will over to the faid Deceafed in this De- ponent's Prefence, who approved of the fame; and whilft the fiid J. K. was adding the Date to the fame, and putting the Seal thereto, the faid Deceafed died. And this Deponent J. K. maketh Oath, that on or about the Day of aforefaid, a Perfon came to the Deponent, and de- fired him to go to the faid 0. P. at his Lodgings in the Parilh of aforefaid, to make his Will , he this Deponent ac^ cordingly in tfie €cclerui(!ical Courtis. 57 cordingly went and found A. B. th;s Depo- nent's Fellow Witnefs, trking Inftru(:-tions for making of the faid Deceafed's Will ; and he this Deponent did then, in the faid j4. B.'s Prefence, read the faid Inftrudions diftindly over to the faid Deceafed, and the faid Deceafed declared his Approbation thereof, and defired this Deponent to make his Will from fuch Inftrudions ^ and this Deponent did immediately, in the faid De- ceafed's Bedchamber, draw up the Form of a Will hereunto annexed from fuch Inftruc- tions, fo far as related to the Jaid Inftruc- tions i which this Deponent having fo done, and the faid Deceafed not having in the faid Inftrudlions difpofed of the Remainder of his Eftate, nor having named an Execu- tor, he asked the faid Deceafed, in the faid A. B.^s Prefence, to whom he would give the Refidue of his Eftate, and whom he would appoint his Executor. To which the Deceafed then replied, in Words to this or the like EiFe6>, That he intended the Refidue of his Eftate ftiould be divided between his Brother J. P. and his Sifter M. S. and they ftiould be the Executors of his W^ill ; and accordingly this Deponent added the fame thereto, which this Depo- nent having fo done, he read the faid Form of a Will over to the faid Deceafed, in the Prefence of the faid A. B. who approved thereof^ and whilft this Deponent was adding the Date to the fame, and putting the Seal thereto, he the fiiid Deceafed died. And thefe Deponents further feverally make Oath, that the faid Deceafed was at all and fingular the PrcmiflTes of found and difpofinj 58 €rje €Ier!i'K3 Jnffmffo^ difpofing Mind, Memory and Underftand- ing, and well knew what he faid and did. All which they declare to be the r»al Truths by Virtue of their refpedive Oaths. An Affirmation for a?i Executrix being a 2i^aker, I A. B. do folemnly, fincerely and truly affirm and declare, that I am a Diflenter from the Church of Englajid^ commonly called a Quaker ; and that I believe this Paper Writing to be and contain the true laft Will and Teftament of my late Huf- band J. B. deceafed i that I am the Exe- cutrix therein named ; and that I will well and truly perform the fame, by pay- ing firft his Debts, and then the Legacies contained in the faid Will, as far as his Goods, Chattels and Credits will thereto extend, and the Law bind me ; and that I will bring in an Inventory of the fame Goods, Chattels and Credits of the faid Deceafed, and pafs a juft Account of my Executrixfhip when lawfully called fo to do. — 'Day of -the faid A. B. made the Affirmation afore- faid, according to an A61 of Parliament in that Behalf made and provided, before me K. R. Surrogate. A.B. in tfie Ccclefiaftical Ctmct^t 59 J ^Decree citing the next of Kin to appear e'verj Genera! SejJio7i^ to fee afid hear a Nmmipati've Will pror pounded, RBy Divine PermifRon, Bifhop of — • To all and fingular Clerks and li- terate Perfons whomfoever and wherefo- ever in and throughout [our whole Diocefe of Greeting: Whereas J. K. Dodor of Laws, (here infert the ^itle of the J^idge') of the Court of lawfully appointed, rightly and duely proceeding in a certain Bufinefs of granting Letters of Adminiflration of all and fingular the Goods, Chattels and Credits of ^t I". late of in the County of deceafed, which is now controverted, and remains undetermined before him in Judgment be- tween E. S. the natural and lawful Brother, and next of Kin of the faid deceafed, the Party promoting the faid Bufinefs of the one Part, and M. O. having an Intereft, and IV. S. the Nephew of the faid De- ceafed, and alfo C D. the Parties againft; whom the faid Bufinefs is promoted, on the other Part, hath at the Prayer of the Prodor of the faid M. O. decreed the faid E. S. and f. S. the natural and lawful Brothers of the faid Deceafed, and ^. S. E. J. Wife of K. J. and A. S. the natural and lawful Children of M'^. S. deceafed, who whilft living was alfo the natural and law- ful Brother of the faid Deceafed, to be fited and intimated to appear in Judgment on 6o Cije €\tt\\^ %nmm\ on the Day, Time and Place, and to the EfiPed-, and in Manner and Form herein after mentioned, ( Juftice fo requiring i) We do therefore authorize, impower and ll:ri6t]y injoin and command ye jointly and feverally peremptorily to cite, or caufe to be cited, the faid E. S. and J. S. and IV. S. E. J. and A. S. to appear before our — his Surrogate, or fome other competent Judge in this Behalf, {here fpccify the Place of Appearance) and Place of Judicature there, upon the Day of • in the Year of our Lord between the Piours of and in the noon of the fame Day, then and there, and alfo upon every General Seflion and Seflions, to be held there from thence until a definitive Sentence fhall be read and promulged in this Bufinefs, (if they think it their Intereft fo to do,) to fee and hear the Nuncupative Will, or true laft Will and Teftament by M^ord of Mouth of the faid Deceafed, ex- hibited and propounded in due Form of Law, by and on the Part and Behalf of the faid M. O. the fole Executor therein named, and to fee an Allegation or Allegations, and other Matters concludent in Law, given and admitted on his Behalf, a Term af- figned to prove the fame, Witneffes pro- duced, received and fworn thereupon, and their Sayings and Depofitions publifbed, and a Term or Terms afligned to hear Sentence in the faid Caufe, and to hear a definitive Sentence for the Validity of the faid Nun- cupative Will, or laft Will and Teftament, by Word of Mouth of the faid Deceafed, read and promulged therein according to Law, in ti)t Ccclcfiaaical Courts?. 6i I. aw, and all and fingular other judicial Ads necdTary, and by Law required to be done and expedited in and about the Pre- miifes, and further to do and receive as to Law and Juftice iTiall appertain, under Pain of the Law, and Contempt thereof, at the Promotion of the faid M. O. and that ye do moreover peremptorily intimate, or caufe to be intimated to the faid B. S. J. S. IV. S. E. J. and A. S. (to whom we alfo intimate by thefe Prefents) That if they, or one of them, do not appear at the Time, Place, and to the EfFed aforefaid, and from thence upon every General Seflion and Seflions, until a definitive Sentence fhall be read and proniulged in the faid Bufinefs, or appearing (hew not fufficient Caufe to the contrary, concludent in Law our aforefaid, or his Surrogate, or fome other competent Judge in this Behalf, doth intend, and will proceed to the ad- mitting the faid Nuncupative Will, or laft Will and Teftament, by Word of Mouth of the faid Deceafed, to be exhibited and pro- pounded in due Form of Law, and to the admitting of an Allegation or Allegations, and other Matters and Things concludent in Law, and to the afligning a Term or Terms to prove the fame, and to the receiving and fwearing WitnelTes thereon, and to the Publication of their Sayings or Depofitions, and to the affigning the Caufe for Sentence, and to and for expediting all other Ads neceflary to be done, until a definitive Sen- tence be given in the faid Caufe, and to t,he Reading and Promulging of a defini- tive Sentence for the Force and Validity of 6i @:fje €ittV0 3\nm\m of the faid Nuncupative Will, or laft Will and Teftament by Word of Mouth, of the faid Deceafed, upon due Proof being firft made thereof, the Abfence, or rather Con- tumacy of them the faid E. S. J. S. IV. S. E. J- and A. S. in any wife notwithftand- ing j and what ye Ihall do, or caufe to be done, in the Premiffes, ye Ihall duely cer- tify our faid or his Surrogate, or fome other competent Judge in this Behalf, to- gether with thefe Prefents. Dated at- the Day of- in the Year of our Lord ~— J Decree to he hting up07i the Royal Exchange, to cite the next of Kin in Special., and all others in General^ to appear emry Ge7ieral Seffion to fee a Will propounded, SBy Divine Permiflion Bifhop of • To all and fingular Clerks and literate Perfons whomfoever and wherefoever in arid throughout our whole Diocefe of • Greeting : Whereas the Worfhipful N. S. Dodor of Laws, (^here infert the i'itle of the Judge') of the — Court of — ■ — lawfully ap- pointed, rightly and duly proceeding in a certain Bufinefs of proving by Witneffes the laft Will and Teftament of E. F. late of the Pariftj of in the County of de- ceafed, now depending undetermined before him in Judgment, between G. H. the Exe- cutor named in the faid Will, the Parry 4 pro-^ (IT tfje €cc!ennf!iCi1! Com't0. ^j promoting the faid Bufinefs on the one Parr-, and J'K, the -and next of Kin of the faid Deceafed, the Party againft whom the faid Bufinefs is promoted on the other Part, hath, at the Petition of the Prodlor of the fajd G. 11 decreed the faid J. K. to be cited and intimated to appear in Judgment on the Day, Time and Place, and to the Effed:, and in the Manner and Form herein after mentioned, (Jufticefo requiring;) We there- fore authorife, impower and ftridly injoin ye, jointly and feveraily, peremptorily to cite, or caufe to be cited, the faid y, K. in fpecial, and all others in general, having or pretending to have any Right, Title or Intereft in the Goods, Chattels and Credits of the faid Deceafed, or in his faid laft Will and Teftament, by firft publickly affixing this original Decree for fomctime upon one of the Pillars of the Koyal Exchange, Lou- don-, at the ufual Time of Merchants refort- ing there, and by leaving there affixed a true Copy thereof, and by all other lawful Ways, Means and Methods whatfoever, whereby this our Citation may moft likely come to the Knowledge as well of the faid J. K. in fpecial, as ot all others in general, fo to be cited and intimated as aforefaid, to appear before our aforefaid, his Surro- gate, or fome other competent Judge in this Behalf, in (here mention the parti- cular Place of ylppearaJice^ and Place of Judicature there, up^n the 30th Day after this Decree fliall be CACcuted, in the Man- ner rind Form aforefaid, if ic be a Court Day, otherwife on the Court Day then next enfuing, at the accuilomed Hours of hearing ^4 €6e €\t\:V^ Inffcuffo? hearing Caufes, and doing of Juftice there^ then and there, and alfo upon every General Seflion and SefHons to be held there from thence until a definitive Sen- tence fhall be read and promulged in the faid Bufinefs inclufively, (if any of them fhall think it their Intereft fo to do,) to fee and hear the true Original laft Will and Teftament of the faid Deceafed, exhibited and propounded in due Form of Law by and on the Part and Behalf of the faid G. H. the fole Executor therein named, and to fee an Allegation or Allegations, and other Matters concludent in Law, given and admitted on his Behalf, a Term af- figned to prove the fame, Witneffes pro- duced, received and fworn thereupon, and their Sayings and Depoficions publifhed, and a Term or Terms afligned to hear Sen- tence in the faid Caufe or Bufinefs, and to hear a definitive Sentence for the Force and Validity of the faid Will, read and pro- mulged therein according to Law, and all and fingular other judicial A6ls necelTary, and by Law required to be done and expe- dited in and about the PremiflTes j and fur- ther to do and receive what unto Law and Juftice fhall appertain, under Pain of the Law, and Contempt thereof, at the Pro- motion of the faid G. H. the Executor named in the laft Will and Teftament of the faid Deceafed ; and that ye moreover pe- remptorily intimate, or caiife to be inti- mated to the faid J. K. in fpecial, and all others in general, (to whom we alfo inti- mate by the Tenour of thefe Prefents,) That if he, they, or either of them, do 4 not Ill t&e eccfcfuiffica! Cciut??* 6$ not appear on the faid Day, Time and PJace, and to the Effetl: aforefaid, and from thence on every General Seffion and Seflions, until a definitive Sentence iliall be read and promuJged in the faid Caufc; or Bufinefs in- clufively, or appearing fhew not fufficient and lawful Caufe to the contrary, conclu- dent in Law, our aforefaid, his Surro- gate, or fome other competent Judge in this Behalf, doth intend to proceed, and ■will proceed to the Admitting the faid lafb Will and Teftament of the faid Deceafed, to be exhibited and propounded in due Form of Law, and to the Admitting of an Allegation or Allegations, and other Mat- ters and Things concludent in Law^, and to the Affigning a Term or Terms to prove the fame, and to the Producing, Receiving and Swearing WitneiTes thereon, and to the Publication of their Sayings and Depofi- tions, and to the Afligning the Caufe for Sentence, and to and for Expediting all other Acts neceffary and lawful to be done, until a definitive Sentence be given in the faid Caufe or Bufinefs, and to the Reading and Promulging of a definitive Sentence for the Force and Validity of the faid laft Will and Teftament of the faid Deceafed ; (upon due Proof being firft made thereof according to Law,) the Abfence, or rather Contumacy of them, and every of them in any wife notwithftanding ; and whatfoever ye ftiall do, or caufe to be done, in the PremifTes, ye fhdl duely certify our > aforefaid, his Surrogate, or fome other com- petent Judge in this Behalf, together with thefe Prefents. Dated^ &c. ^6 €6e ClcrV0 auftniaoi A decree to he executed on the Royal Exchange, 171 order to cite the next of Kin in Special., ajid all others ifi General^ to bring in a Will., and to accept or refiije the Exec?nio7i thereof if any Will be jnade) otherzvife to ac- cept cr refiife Letters of Adinmlflra- tion^ [imply as dying inteflate ; as alfo to exhibit an Liventory npoti Oath, By Divine PermilTion, Bifhop of To all and fingular Clerks and literate Perfons whomfoever and vvhcre- foevcr in and throughout our whole Diocefe of Greeting : Whereas the Right Worfnipful 7. 5. Doctor of Laws, (Jjere infcrt the "Judge's ^itle^ of the Court of lavvfully appointed, rightly and duely proceeding, hath at the Petition of the Prodor of W. IV. alledging himfelf to be the principal Creditor of A. B. late of the Parifn ?:•? in the County of li Bonn No- Widower, deceafed, * (liaving whilft living, *^}^'^' ^'^[^'■^ and at the Time of his Death, Goods, Chat- tels or Credits in divers Diocefes or peculiar Jurifdidions, fufficient to found the Jurif- did:ion of our Prerogative Court of — ) decreed C D. a Minor, the natural and lawful Daughter, and only Child and next of Kin of the faid Deceafed, to be cited and intimated to appear lawfully on the Day, Time and Place, and to the EfFe6l, and in the Manner and Form herein after men- tioned. thirs Sentence. Ill tlje Ccclrfiafiicnl Cciirt0* ^7 tioned, (Juftice fo requirinjz; j) We do hereby therefore authorize, im power and ftridly injoin you, jointly and feverally, peremptorily to cite, or caufe to be cited, the faid C. D. in fpccial, and all others in general, having, or pretending to have, any Right, Title or Intereft in the Goods, Chattels and Credits of the faid Deceafed, by firft publickly alTixing this our original Decree for foine Time npon one of the Pillars of the Ro_y<:7/ Exchange^ London^ at the ufual Time of Merchants rcfortin^ thither, and by leaving there affixed a true Copy thereof, and by all other VV^iys, Means and Methods whatfoever, where- by this our Citation and Intimation may mofh likely come to the Knowledge as well of the faid C. D. in fpecial, as of all others in general, to be cited and inti- mated as aforefaid, to appear lawfully be- fore our his Surrogate, or fome o^her competent Judge in this Behalf, in Qhere fpccify the Place where the Canfc is heard^ and Place of Judicature there, upon the 30th Day (^) after this Decree fhall be {a) Perfons executed, in the Manner and Form as a- refiding a- forefaid, if it be a Court Day, otherwifc on ^^°^^ ^''^ . the Court Day then next following;, at the p"^^'^^^^ ^'* r 1 u r u • /- r j j • *^^ ^° appear ulual Hours ot hearing Caules, and doing within thirty of Juftice there, then and there to eyhibit Days after and leave in the Rcgiftry of the faid Court Service, if It the true Original laft Will and Tedrament J^"/ ^°^^l\^ of the faid Deceafed, (if he made any, and wife'on the if fhe be the Executrix therein named, to next Court accept or refufe the Execution thereof; and P^Y follow- if there be no Executor named in fuch Will, '"^' to accept or refufe Letters of Adminiftra- F 2 tion 68 ^^ije Clerk'sJ 3n(!ru5o? tion of all and fingular the Goods, Chattels and Credits of the faid Deceafed, (with fuch Will annexed, being firft brought in and left in the Regiftry of the ("aid Court;) but if the faid Deceafed died Inteftate without making any Will, then to accept or refufe Letters of Adminiftration of all and fingu- lar the Goods, Chattels and Credits of the faid Deceafed, fimply as dying Inteftate 5 othcrwife to (hew good and fufficient Caufe, if file hath or knows any, why Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed, (with his Will annexed, if there be any as aforefaid,) otherwife fimply as dying Inteftate, in due Form of Law, fiiould. not be granted and committed to the faid IV. IV. the principal Creditor of the faid Deceafed ; and alfo to exhibit a true and perfect Inventory of all and fingular the Goods, Chattels and Credics of the faid Deceafed, which fince his Death have come to her Hands, PoflTefilon and Knowledge, by Virtue of her Corporal Oath , and fur- ther to do and receive what unto Law and Juftice fiiall appertain, under Fain of the Law, and Contempt thereof, at the Pro- motion of the faid IV. IV. and that ye fliall moreover peremptorily intimate, or caufe to be intimated to the faid C D. in fpecial, and all others in general, (to whom alfo we intimate by the Tenour of thefe Pre- fents) that if fiie, or they, or fome or one of them, do not appear lawfully on the faid Day, Time and Place, and to the Ef- lecl aforefaid, or appearing lawfully ftiew i.ot fufiicient Caufe to the contrary, our — ■ aforefaid. aforefaid, or his Surrogate, or fame other competent Judge in this Behalf, doth in- tend to proceed, and will proceed to the granting and committing Letters of Admi- niftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed, (vvich his laft Will and Teftament annexed, if any fuch be made by the faid Deceafed, and fhall be exhibited and brought into the faid Regiftry as aforefaid,) otherwife fimply as dying Inteftate, to the faid IV. IV. (the Abfence, or rather Contumacy of her the faid C. D. in fpecial, and all others in general, fo to be cited and intimated as a- forefaid, in any wife notwithftanding,) and what ye fhall do, or caufe to be done, in the PremilTes, you fhall duejy certify our • his Surrogate, or fome other competent Judge in this Behalf, together with thefe Prefents. Datedy &c. Ju Jffdamt of a Creditor to prove his T>eht. —' Day of ^c. WHICH Day appeared perfonally E IV, of the Parilh of — — in the County of and depofed, by Virtue of his Corporal Oath, as follows j That ^. S. late of the — Ship, the . ■ deceafed, was really and truly indebted to this Deponent, by Note of Hand bearing Date the Day of — in the Sum of — of lawful Money oi Great Britain^ payable one Month after Date^ as alfo in the further Sum of — for Rent due to this Deponent, for a Yi ar and a F 3 Quarter's. 70 €l)c CIccVd 3n(lnmo? Quarter's Rent due at Lady-day Jaft, no Part . of which laid Sums this Deponent has re- ceived fince the Deceafed's Death, or be- fore his Death, or any other Perfon for his Ufe, as he knows or believes ; and that the faid refpedive Sums are now really and duely owing to him this Deponent. And this Deponent further depofes, that he be- lieves there is fome Wages due to the faid Deceafed, for his Service on board the faid Ship- but what particular Sum, or how much, cannot tell ^ as alfo he believes, that there is a few old Houfhold Goods 'which belonged to the faid Deceafed at the Time of his Death, and which now are in the PolTeflion and Cuftody of the Widow and Relid of the faid Decedfed ; but he declares that none of the fame are come to his Hands, Pod'efllon or Knowledge, nor does he know the Particulars of the fame, nei- ther has any other Goods, Chattels or Cre- dits of the faid Deceafed come to his afore- faid Hands, Poireifion or Knowledge. F. IV. An Jffja'vit tonchinp nil Scripts and Scrolls. JM. the Executor named in the laft Will • and Teftament of A. G. late of the Parifli of in the County of de- ceafed, maketh Oath, that the Will of the faid Deceafed, bearing Date the — — Day of in the Year of our Lord wherein this Deponent is made Executor, is jbe true laft Will and Teftament of the faid in t6e €cc(cria(!ical €om^. 71 faid y^. G. and the only Will which the faid y^. G. at any Time made and left be- hind her at her Death, as he this Depo- nent verily believes , and that no other Paper whatfoever, any way purporting a Will, Codicil or Teftamentary Difpofition of the faid y^. G. hath at any Time, either before or fince her Death, come to th s De- ponent's Hands, PoflTeflion or Knowledge, excepting the Paper Writing hereunto an- nexed, marked N^ I. purporting to be a (^) Redte the Codicil or Teftamentary Schedule (<^), Beginning which was never executed by the faid ^^. G. and Ending of all which he this Deponent doth declare to the Schedule. be the real Truth, by Virtue of his Oath. — ' — Day of the faid J. M. was fworn to the Truth of the PremilTes, before me B. C. Surrogate, in the Prefence of R. B. Notary Publick. J// ^ffJo.i'it lipon the l^elherv of a7i Origiiml Will out of the Regiflry upon Bond. W Hereas B. IV. late of < — in the County of deceafed, made his laft: Will anM Teftament in Writing, bear- ing Date the Day of • in the Year of our Lord and therein and thereof did conftitute and appoint A. B. and C D. Executors, after whofe Death, vrz. in the Month of in the Year of our Lord — the faid A. B. as one of the faid Executors, proved the faid Will in F 4 common 72 'Crijc Clerlt'0 3nftcimo? common Form in the Court of by which Will now remaining in the Re- giftry of the faid Court, the faid Deceafed devifed his Freehold and Perfonal Eftate in Manner as therein appears ; now the faid A. B. one of the faid Executors in the faid Will named, mal<:eth Oath, that there is a Caufe depending in the Court of Chancery, wherein F. B. is Plaintiff, and he this De- ponent and others Defendants ; and that there is a Commiffion lately ilTued out of the faid Court of Chancery, for Examina- tion of Witneflfes in the faid Caufe, which Commifiion is intended to be fped and exe- cuted fometime between this and the next Term, at in the County of and that he has been inform'd, and believes it will be abfolutely neceflary for his Intereft in the faid Caufe, to have the faid Original Will of the faid B. IV. deceafed, delivered out of the Regiftry of the faid Court, to be attended with and produced at aforefaid, on the Part and Behalf of the Deponent, in order to prove the due Exe- cution thereof, at the Execution of the faid Commiffion ; and that he this Deponent will, at the Execution of the faid Com- miffion, produce, or caufe the faid Original Will to be produced, as well on the Part of the faid Plaintiif, as in the Behalf of him- felf and the other Defendants in the faid Caufe, if defired, and will ufe his utmoft Endeavours to deliver, or caufe the faid Original Will to be delivered back again into the Regiftry of the faid ■ -Court fair and uncancelled, on or before the Pay of- next, purfuant to a Bond en- tered. lit tlje €cclcfiafiical Courts* 7j tered, or intended to be entered into, or given by this Deponent and others for that Purpofe. ^he Fees due to the Office thereupon. Fee ■ ■ Affidavit and Duty Oath and Attendance Copy . Collating • Enquiring after Security Bond and Duty Receipt • /. s. d. I o o o 7 8 o 4 6 o 4 4 o 5 o o 7 6 o 4 o o I 8 Total 2 14 8 Day of the faid y4. B. was fworn to the Truth of the Premiffes, before me B. C. Surro- gate, prefent 0. JR.. No- tary Publick. Ju Jfjidavlt touching Ohliteratmis^ "In- terU?ieatio7is and [Pofijcripts^ in a Will and Codicil, AB. of the Parifh of — • in the • County of — Gentleman, and J. B. of the Parifh of in the County of — Gentleman, being fworn upon the Holy E- vangelifts to depofe the Truth, do feverally fay and depofe as follows : That they thefe Deponents well knew, and were acquainted with 74 '^U Cfetl^'gs 3!n(!maoi with T! IV. late of- in the County of- for feveral Years next preceding the Time of his Death, during which Time they had often feen him write, and thereby became well acquainted with his Manner and Chara61er of Hand-writing; and ha- ving now feen, and carefully perufed the Paper Writing hereunto annexed, purport- ing to be the lafb Will and Teftament of the faid Deceafed, beginning thus, to wit. Here recite • and ending thus, to wit ^ and the Beginning fubfcribed r. ^F. and having obferved the and End of r it^i- • u • j 'he Will leveral Interlineations therein made, to wit, the Words interlined, between the and -Lines, from the Top or Beginning of the faid Wili, and alfo the Words— interlined, between the and Lines, from the Top or Be- ginning thereof, as alfo a Poftfcript wrote at the Foot or Bottom of the faid Will, in the Words following, to wit as alfo having feen and carefully perufed the Paper Writing hereunto annexed, purporting to be a Codicil to the faid Will, beginning thus, to wit ■ and ending thus, to wit ^ and fubfcribed 2". ir. together with the Poftfcript at the Bottom of the faid Codicil, in the Words and Figures follow- ing, to wit ■ and fubfcribed ^. IV. They thefe Deponents do verily believe that the faid feveral Interlineations made in the faid Will, beginning and ending as aforefaid, with the Poftfcript at the Bottom thereof, and alfo the Codicil annexed to the faid Will, beginning and ending as aforefaid, with the Poftfcript at the Bottom thereof, in Manner as therein now appear, to be all of in tfje ^cclefialtical Couttd. 75 of the proper Hand-writing of the faid De- ceafed ^ and this Deponent J. B. further maketh Oath, that he this Deponent was prefent when the faid Will and Codicil were found in the faid Deceafed's Houfe upon the Day of his Death, and did then read over the fame, and take Notice that the Legacy of was obliterated in the Manner as the fame now appears to be, as alfo that the Words in the Line of the faid Will, and the Words in the • Line of the faid Will, were alfo obliterated in the fame Manner as they now appear to be. A.B. J.B. ^ — Day of the faid yl. B. and J. B. were fworn to the Truth of the Premiffes, before me H. O. Surrogate, prefent L. R. Notary Publick. Ju Jffjack 171 order to ha've an Ori- ginal Will out of the Office :t to he at- tended with at the Jfjifes, WHereas H. S. late of in the County of Efq, deceafed, made his laft Will and Teftament in Writing, and therein and thereof nominated and ap- pointed K. L. his Executor, who foon after his Death, to wit, on or about the • Day of proved tUe faid Will in common Form, and had a Probate thereof granted unto him under the Seal of the — Court of which Original Will is now remaining l6 €rje €\ztk'^ %\\mmi remaining in the Regiftry of the faid Court. Now C. y. of in the County of Gentleman, maketh Oath that there is a Caufe of Ejed:ment now depending be- tween H. S. Plaintiff, and R. IV. Defen- dant, in which Caufe H. S. Efq^ Son of the faid Deceafed, claims by Virtue of a De- mife in the faid Will, and that therefore it is neceflary, as he this Deponent is in- formed, and believes, to have the Original Will of the faid H. S. Efq; deceafed, at- tended with at the Affifes to be held at— in the County of on the Day of in order to fet forth and determine the Title of the faid H. S. in the Demife claimed to by him under the faid Will. H.S. ' Day of the faid H. S. Efq; was fworn to the Truth hereof, befote me W. B. Surrogate, in Prefence o(E. A. Notary Publick. Jji Jffida'vit of a Widozu and Jdj/iim- flratrlx fetting forth the fiiding of a T'ejiame7itary Schednky and can- celling ^Part thereof j a7id alfo of all Scripts and Scrolls. AB. the Widow and Adminiftratrix of • all and fingular the Goods, Chattels and Credits of D. B. late of the Parifh of in the County of deceafed, Kiaketh Oath, that the faid D. B. died fud- denly fn tlje CcclcfianiCiiI CDiittjs. 77 denly on or about the Day of- and that thjs Deponent did foon afterwards, to wit, on or about the — Day of the fame Month, take out Letters of Admini- ftration of his Goods and Chattels, as fup- pofing him to have died Inteftate, fhe this Deponent not having made any Search for aWill, or a Teftamentary Difpofition of the faid Deceafed ^ he the faid Deceafed ha- ving fome fhort Time before his Death de- clared to her this Deponent, that he would make his Will, but dying fuddenly foon afterwards, this Deponent did apprehend that he had not made any Will, which was the Reafon why this Deponent did not make any Search for a Will before flie took out the faid Letters of Adminiftration ; and this Deponent further maketh Oath, that fometime afterwards fhe this Deponent on fearching the faid Deceafed's Efcriptore, wherein he ufually kept his Cafh, Notes, W^ritings and other Things of Value, did find in one of the Drawers of the faid Efcriptore a Paper Writing, all of his the faid Deceafed's Hand-writing, folded up, which flie unfolded and read, the Contents of which Paper Writing were in Subftance with, and were wrote in the Words, Fi- gures and Forms, as particularly fet forth in the Schedule marked (/^) hereunto an- nexed, to the beft of her this Deponent's Remembrance and Belief; but this Depo- nent cannot be pofitive that the Words — wrote in the Line, wherein is men- tioned in the faid Schedule C^), or that the Words wrote in the Line, wherein is mentioned in the faid Schedule, or that that the Figures and wrote and fet down at the End of the faid rerpe6i:ive Times, or that the Figures ■ — wrote and made at the End of the Line in the faid Schedule, wherein the faid Deceafed's. Wife's Sifters are mentioned, were ail fo wrote, fet down and made in the faid Ori- ginal Paper Writing; but is well affured, that in the faid Original Paper Writing there was not any larger Sum of Money mentioned to be given thereby to the faid Perfons refpeciively, than whit is fo wrote and fet down in the faid Schedule (^^), which Pcipt;r Writing being neither figned or fealcd, nor the Name of the faid Z). B. wrote or mentioned therein, flie this Depo- nent, not apprehending the fame to be of any Signification or Validity, did at that Time lay it afide as a Paper of no Ufe or Confequence, and meeting with it again fome little Time afterwards, which was a- bout Months after the Death of the Deceafed, deftroyed the greateft Fart there- of, and only preferved Part thereof, being the Paper Writing hereunto alfo annexed, marked with the Letter (5), with a View and Intent only that fhe might make her Daughter E. B. who is the only Perfon mentioned therein, fenfible of the Provifion her Father intended for iier in Cafe fine ihould prove andutiful to her, and iTiould attempt to marry without her Confent, and for no other Purpofe whatfoever ; and this Deponent further maketh Oath, that about Months fince fhe this Deponent, having heard in Converfation feme Dii- courfe concerning Wills, and that a Will of I a in tijc Ccclcnnaical Courts* 7^ a Perfon's own Hand-writing, tho' neither figned or fealed, had in many Inftances been eftabliflied as far as did relate to the difpofing of a PerfonaJ Eftate, or to that EfFed:, fhe this Deponent did then begin to refled: upon what fhe had done in deftroy- ing Part of the aforefaid Paper Writing, which was all of the Deceafed's Hand- writing, and was very uneafy in her Mind till (lie made a Difcovery of fuch her im- prudent Adion in deftroying fuch Paper Writing to R. K. Efq; which was about — Weeks fince, at which Time fhe did ac- quaint the faid R R. with fuch her Unea- fmefs in Mind, and that her Deftroying Part of the aforefaid Paper Writing was the Caufe thereof 5 and this Deponent further maketh Oath, that ihe did not deflroy the faid Part of the faid Paper Writing with any fraudulent Defign whatfoever to wrong any of the Perfons mentioned therein of their Legacies intended them thereby, but that the fame was done inadvertently thro' Ignorance, not in the leaft apprehending the fame to be a Paper of any Moment or Confequence whatfoever ; and further ma- keth Oath, that no other Will or Writing whatfoever, purporting a Will or Tefla- mentary Difpofition of the faid D. B. be- fides the Paper Writing, containing the Particulars fet forth in the faid Writing hereunto annexed, marked with the Letter (y^), the faid Writing alfo annexed marked (i5), being Part thereof, when the fame was whole and intire, have at any Time whatfoever, either before or fince his Death, come So €6e Clctfe'i? Jnftatfto? come to this Deponent's Hands, Foifeflion or Knowledge. A.B, • Day of the faid y^. B. was fworn, ^c. A?i Affidavit of a Legatee to lead the Grant of a Tiecree a^ai72ft the Tof- feffor of an Original WilK i^^ order to cite hi 7/1 to bring in a7id league the fame in the Regiftrj, Day of WHICH Day appeared perfonally IV. G. of the Parifh of in the County of the natural and lawful Son and Legatee named in the laft VVill and Teftament of 2". G. late of the Parifh of — in the County of— deceafed, and de- pofed by Virtue of his corporal Oath as follows, (to wit,) That his faid Father (whilft living) made his laft Will and Tefta- ment in Writing, and (among other Things in his faid Will) did give, devife and be- queath to him this Deponent a Legacy of ■ Part of which this Deponent has re- ceived, and fome remains due, befides the Reverfion of two or three Houfes, as he has been inform'd, after the Deceafe of E. G. and likewife made the faid F,. G. his Wife fole Executrix, which faid £. G. died without taking upon her the Execution of the faid Will ; that about three Months fince this Deponent hearing that the Ori- I ginal in tlje Cccfefinffical Courtj?> 81 ginal Will of his faid Father was in the Hands of Mr. B. O. of applied him- ielf to him to defire him to deliver the fame to this Deponent, but he refufed to give or deliver the faid Original Will to him, but at the fame Time Ihew'd this De- ponent the fame ^ and this Deponent fur- ther fays, that he verily believes the faid Original Will to be now in the Cuftody of Fcflemon of the faid Mr. B, O. IV. G, The faid IV. G. was fworn to the Truth hereof, be- fore me H. B. Surrogate, prefent K. J. Notary Publick. J^i Jffida'vit of a Terfo7i cited as the fuppofed ToffeJJor of an Original WdU to brifig in and leave the fame in the Regifiry, S IR J.J. of * in the County of — = Bart, maketh Oath, that he this Depo- nent being the Executor named in the laft Will and Teftament of C J. late of « in the County of Efq; deceafed, bear- ing Date on or about the ^ Day of in the Year of our Lord he the faid C. J. did, at the Time the faid Will was executed, deliver the faid Original Will to him this Deponent, in order to take Care thereof J and further faith, that Ibmetime after the Death of the faid C J. which G happened 82 €fie Clct!i'0 anftnmoi happened in the Month of' to wit, on or about the Day of-- — •following, he this Deponent, being then unwilling to a6t in the faid Executorftiip, did deliver the laid Original Will to H. J. a Brother of the faid Deceafed, in the Prefence of his Mother Mrs. yl. J. in order that either the faid H. J. or his Mother, might take out the Letters of Adminiftration, with the faid Will annexed, upon this Deponent's Renouncing the Execution of the faid Will ; and this Deponent hath not feen the faid Original Will fince, but doth verily believe that the fame is now in the Cuftody or Power of Mrs. y^. J. the Widow and Exe- cutrix of the laft Will and Teftament of the faid C J. Efq^ for that when this Depo- nent was ferved with the Citation to bring the faid Original Will into the Court of • at the Inftance of y^. B. Le- gatee in the faid Will, he this Deponent did go to the faid A. J.'s Houfe, with an Intent to acquaint her with fuch Citation, and in order to have the faid Will to de- liver into the faid Court, purfuant to the Tenour of the faid Citation ; but the faid yi. y. keeping her Chamber, this Deponent could not fpeak with her, and thereupon this Dei onent did acquaint M. 0. who was then in the faid A. y.^s Houfe, with fuch his this Deponent's Bufinefs with the faid >y, /. whereupon the faid M. O. did, as this Deponent believes, go to the faid yi. y, into her Chamber, and acquaint her there- with i for that he immediately return'd to th s Deponent in the faid Houfe, and tolci him, that fhe the faid A, y. would take in tfje Ccclcfinfiica! Crstirt^* wit 7- .7- take Advice before (lie would part with or deliver the faid Original V/ill. The faid Sir J. J. Bart, was fworn to the Truth hereof this Day of be- fore me C D. Surrogate, prefent D. B. Notary Pub- lick. J/i Jfiidacit of an Exeaitor^ [totting forth how far he had acied as jiich^ and Kc7ionuci7:g the ILxecntioJi of a Will after he had proved the fame. Appeared perfonally the Reverend Mr. H. P. and made Oath, that he this Deponent, as being fole Executor named in the laft Will and Teftament of the late Reverend Mr. C D. deceafed, did fome Ihort Time after the Death of the faid De- ceafed, take upon him the Execution of the faid Will, and had a Probate thereof grant- ed to him under Seal of the Court of and as Executor of the faid Deceafed, did receive and poffdfs himfelf of fome Part of his Perfonal Eftate, in that he did re- ceive Specify the But hath not pofTelled himfelf of any other Part of the Perfonal Eftate of the faid De- ceafed whatfoever^ and as Executor of the faid Deceafed, he hath alf.^ paid, or caufed to be paid, fome Part of the Deceafed's Funeral Charges, and fome of the Legacies G 2 dcvifed Receipts. 84 'SDlje CIetV0 Jn(!rit9foi devifed b^ his Will, and fome other Monies Infert the fe- in Manner following, to wit, to h'-^ fK-^^^-^ veral Pay- ,/iC-' merits j\nd this Deponent further faith, that he hath not done any other A6t: as Executor of the late Deceafed, either in the Receipt or Payment of any other Sum of Money whatfoever, of or belonging to the Perfonal Eftate of the faid late Deceafed ^ and that he this Deponent hath not as Executor of the faid Deceafed, either commenced, or caufed to be commenced, any Adion for Debt, or upon any other Account what- foever, or that there hath been any A6tion brought againft him as Executor to the faid Deceafed for Debt, or upon any other Ac- count whatfoever, or that there is now any Action depending upon any Account what- foever, in any Court whatfoever, wherein this Deponent is a Party, as being Executor of the (aid Deceafed 9 and further maketh Oath, that he does renounce the Burden of the Execution of the faid Will, without any Defign of Fraud, or of injuring any Perfon whatfoever. BP. Day of the faid Reverend Mr. H, P. was f worn J ^c. An in t6e ^cclefiantcal €omt^. 85 Ju Jffida'uit fixing the Identity of a 'Perfon^ a Miftake heiri^ made of the Chriftian Name of the Exec7ttrix in the Original Will' Day of ^c. AB, of the Parlfh of — in the County • of makcth Oath, that he well knew, and was acquainted with P. P. late of in the County of — deceafed ; and this Deponent having now heard the Paper Writing hereunto annexed, containing a Will of the faid Deceafed, read over, and particularly a Claufe inferted therein in the following VV^ords, to wit, [And I do here- by make, ordain, conftitute and appoint my Daughter in Law J. P. Widow, Mother of the faid P. P. my Grandfon, fole Executrix of this my laft Will and Teftament] faith that he well knows and is acquainted with y. p. Widow, who is the Daughter in Law of the faid P. P. deceafed, and Mother of the faid P. P. the faid Deceafed's Grand- fon, the Refiduary Legatee named in the faid Will of the laid P. P. deceafed ; and that the faid Deceafed had not any Daugh- ter named Ja^ie P. who was or is the Mother of any Grandchild of h's called P. P. therefore this Deponent doth verily believe, and is well fatisfied in his Con- fcience, that foamia P. the Mother of the faid P. P. the Deceafed's Grandfon, and llefiduary Legatee named in his faid Will, G 3 w?.s S5 €!je CfctU'jS Jnfiruc^o? was by iMiflake wrote by the Name oVJane P. Executrix in the faid Will. J. B, The aforefaid y4. B. was fworn to the Truth of the Premiffes, before me K. C. Surrogate, in Pre- fence of B. B. Notary Publick. J Cofididit propoimdin^ a J PHI, the deflator dyiJig before he executed the fame, 0. and others a^ainO:? P. and others. J Bay of — - — 6^6-. j,N which Day 2". as lawful Pro(5lor of D. O. and C. O. two of the Legatees named in the laft W^ill and Teftament of R. O late of the Parifh of- in the County of deceafed, by Virtue of his Authority from them, exhibited the Ori- ginal laft Will and Teftament of the faid R. O. deceafed, beginning thus, (In the Name of God, y^men : I R. O. of the Parifh of in the County of ) an4 ending (In IVitnefs whereof I have here- unto fet my Hand and Seal this Day of in the Year of our Lord Chrift ) and to all EfTeds of Law whatfo- ever, which may be moft beneficial and effectual, alledged, pleaded and articulately propounded as follows, (to wit,) I. That in tfje €ccfcfia(!ical Courts. 87 I. That the faid R. O. the Teftator in this Caufe, deceafed, being of (bund and difpofing Mind, Memory and Underftand- ingj and having an Intent to make his laft "Will and Teftament in Writing, did, on or about the Day of (being tlien in Bed fick of the Sicknefs whereof lie died) in the Prefence and Hearing of Mr. Z. S. and M. M. and I*. S. give Diredions and In- ftrudions to the faid Mr. Z S. for making of the very Will pleaded and exhibited in this Caufe ; and purfuant to fuch Inifrudlions the faid Will was in the Evening of the faid Day reduced into Writing by the faid Mr. Z. S. and was upon the next Morning, being the Day of read over by the faid Z. S. to the faid K. 0. audibly and diftintfly in the Prefence and Hearing of the aforefaid ^. S. M. M. and C. D. and the faid R. O. the Teftator, well underftood the Contents thereof, and approved of the fame, and did of his faid Will make, con- ftitute and appoint his Wife the faid A. O. and the faid Z. .S*. Executors, and did give, will and do in all Things as therein is con- tained and declared j that he was then will- ing and defirous to execute the fame at the laid Time when the fame was fo read over to him, but faid, that he was in fuch a Tremor at that Time, that he would put off the Execution of his faid Will till the next Day, and then would execute it, or the faid K. O. the Teftator, did exprefs himfelf to the fame Eife6t and Purpofe ; that foon afterwards, and before the next Day came, the faid R. O. became infenfible, and in that Condition died without exe- G 4 cuting S8 ^Ije Cfctf^'is 3!ufti:u?toi euting his faid Will; and this was and is true and well known to the faid A. O. and Z. S. and fo much they do feverally know and believe in their Confciences to be true j and the Party proponent doth alledge and propound every Thing jointly and feve- rally. 2. That all and fingular the Premifles a- forefaid were and are true, publick and no? torious, and thereof there was and is a pub- lick Voice, Fame and Report, of which legal Proof being made, the Party Propo- nent prays you, the Worfhipful Judge of this Court, that Right and Juftice be ef- fedually adminiftred to him and his Par- ties in the Premiflfes, and the Force and Validity of the faid laft Will and Teftar ment of the faid K. S. to be pronounced for by you, and your definitive Sentence or final Decree to be given in this Bufinefs. 7h in tfie Ccclefiafffcal Couttjj. %^ n^he joint and fe'veral Jnfwers of the Executors of a Will propounded in the aforefaid Cojididit, The joint and feveral Anfwers of A. O. and Z. S. made and given by them, as well as being Executors named in the lafl: Will and Teftament of R. O. late of the Parilh of in the County of deceafed, as al{b as Guardians lawfully appointed to P. O. and E. O. the natural and lawful Children of the faid Deceafed, to the Articles and Pofitions of an Alle- gation given and admitted on the Part and Behalf of D. O. and C 0. the na- tural and lawful Sifters, and two of the Legatees named in the faid laft Will and Teftament of the faid Deceafed, follow, (to wit,) TO the firft Article of the faid Allega- tion, and to the Will of the faid R. O. therein pleaded and propounded, thefe Re- fpondents do jointly and feverally anfwer, that they do verily believe that the faid R. O. the Teftator in this Caufe deceafed, being of found and difpofing Mind, Me- mory and Underftanding, and having an Intent to make his laft Will and Teftament, did on the Day of (being then in his Bed fick of the Sicknefs whereof he died) in the Prefence and Hearing of C. D. ff*. S. M. M. and this Refpondent Z. S. give him this Refpondent Z. S. Diredtions s^nd Inftrudions for maUng the faid Will, pleaded 5>d €f)e €mh'0 3mmm pleaded and exhibited in this Caufe -, and thefe Refpondents do believe, that purfuant to fuch Inftru6lions the faid Will was in the Evening of the faid Day drawn and re- duced into Writing by this Refpondent's Brother the faid 2". S. and this Refpondent Z. S. did on the next Morning, being the Day of read over the faid Will to the faid R. O. audibly and diftindly in the Prcfence of the faid C D. sT. S. aud ikf. M. and that the faid R. O. did well underftand the Contents of the faid Will, and did approve of the fame, and of the faid Will did make thefe Refpondents Exe- cutors, and did will, give and do in all Things as therein is contained ; and they thefe Refpondents do further anfwer, that they do believe that it was the Intention of the faid R. O. to execute the faid Will, and th^t he did declare that he was willing and defirous to execute the fame- at the Time when the fame was read over to him, but faid, that he was at that Time in fuch a Tremor that he would put off the Exe- cution of his faid Will till the next Day, and that he v/ould then execute it, or the faid R. O. the Teftator, did then exprefs himfelf to the fame Eflfe^i; and Purpofe as thefe Refpondents do verily believe ^ and thefe Refpondents do know, that before the next Day came, the faid R. Q. became infenfible, and in that Condition died with- out executing the faid Will ; and further or otherwife they do not believe the faid Ar- ticle to be true. To lit tfte €cc!efiaftical Coutt?;?* 91 To the laft Article of the faid Allega- tion thefe Refpondents anfwer, that they believe what they have believed, and deny what they have denied. Interrogatories to crofs examine Wit- 7iejJ'es to a Will* Seflion of -Term, ^c. Interrogatories adminiftred, and to be ad- miniftred, on the Part and Behalf of A. D. and B. D. the Nephews by the Brother of CD. late of in the County of deceafed, to whatever pretended Witnefles are, or fliall be pro- duced, by and on the Part and Behalf of jB. F. Widow, the natural and lawful Sifter, and pretended Executrix named in the pretended laft Will and Teftament of the faid Deceafed, follow, (to wit,) I, T ET every Witnefs be asked, How J / and by what Means did you know C. 1). the Deceafed in this Caufe ? Of what Age was he when he died, and when, where and of what Diftemper did he die ? Interrogate each Witnefs jointly and feve- rally to every Thing. 2. Who gave or took Inftru6lions for the making or preparing the pretended Will of the faid Deceafed, pleaded in this Caufe ? Were fuch Ir.ftru6i:ions taken by Word of Mouth or in Writing ? What was done with them after the faid pretended Will was drawn and executed, and what is now become 94^ €fje €UtJx^ Jnttnmi become of them, as you know, believe or have heard ? And Interrogate as before. 3. Were you prefenc at the pretended Time when the Deceafed gave Inftrudtions for the making of the faid pretended Will? And how, and by what Means came you to be fo preient, and when and where were the fame given and taken ? Defer! be the Houfe or Place, and particular Time, and who by Name was or were then likewife prefent befides you the Witnefs, and how came he, fhe or they to be fo prefent, as you know, believe or have heard ? And In- terrogate as before. 4. How came you to be a Witnefs to the pretended Execution of the pretended Will of the faid Deceafed, exhibited and pleaded in this Caufe ? At whofe Requeft was it ? Did the Deceafed himfelf, or any other Perfon, and who, defire you to fubfcribe your Name as a Witnefs thereto > Where, and in what Houfe or Place, and when, and on what Day of the Week, Month and Year, and what Hour of the Day was it, when fuch pretended Will, as pleaded in this Caufe, was pretended to be executed ? And who by Name was then and there pre- fent befides you the Witnefs, as you know or can remember? And Inttrrog.te as be» fore. 5. Whether did the faid Deceafed exe- cute fuch his pretended Will, by Signing, Sealing and Publifhing the fame in your Prefence, and at the fame Time, in the Prefence of each and every of the Perfons whofe Names are pretended to be fubf fcribed as WitnelTes to the pretended Exe- c^tio^ ciition thereof? And did you, and every other of the faid pretended WitnelTes, at One and the fatne Time, in the Prefence of the faid pretended Teftator, and of each other the faid pretended Fellow Witnefles, fubfcribe your Names as Witnefles thereto, in Manner as therein is now pretended to be ? What Words or Expreffions did the faid Deceafed ufe at fuch pretended Time of executing the faid pretended Will, whereby you apprehend that he well knew what he then did ? Confidcr you are upon your Oath. And Interrogate as before. 6. Was the faid pretended Will read over by the faid Deceafed, or to him by any Perfon or Perfons, and whom, at, or at any Time before, the pretended Execu- tion thereof, and in whofe Prefence befides you the Witnefs ? And Interrogate as be- fore. 7. What Eftate or Eftates Real, Copy- hold or Leafchold ? And of what Value, where fituated, and in whofe PofTeffion did the faid Deceafed die intitled unto ? Let the feveral Eftates be defcribed, and who poflefled by, and what Arrears of Rent due therefrom at his Death, and from whom as you know, believe or have heard, are fet down. And Interrogate as before. 8. Can you pofitively fwear, and your Reafon or Reafons for fuch your Swearing, that the Inftru6tions taken from, or given by the faid Deceafed, for the making or drawing the pretended Will pleaded in this Caufe, directed and gave the Maker or Drawer thereof fufficient Authority and Dired:ions for the making and devifing every 94 t:ije €lztf:^ Jnftnisoi every Item, Devife and Bequeft contained in the faid pretended Will ? If not, which or what Item or Items, Devifes or Bequefts, are in the faid Will not warranted by the faid Deceafed's faid Inftru6lions ? And why, or how, came they to be therein inferted, as you know, believe or have heard ? And Interrogate as before. 9. Were you the Witnefs, or who elfe, as you know or believe, the Writer of the faid pretended Will ? Was the fame wrote diredly from Inftru61ions given by, or taken from the faid Deceafed, or from a foul Draft ? Of whofe Writing or Drawing was fuch foul Draft, and what afterwards was done with the fame, and where is it now, or hath been fince, and in whofe Cuftody, as you know, believe or have heard ? And Interrogate as before. I o. Can you depofe, and are you aflured in your Confcience as firmly to believe, that there was no Force, Fraud, Contri- vance, or any Impofition on the faid De- ceafed in the Contriving and Executing the faid pretended Will ? Nor any Devife or Claule therein, but that he well knew the intire Import and Signification o{ every Item and Devife therein ? And if you believe otherwife, which CLiufe or Devife, Claufes or Devifes therein were impofed on him, and inferted therein, contrary to his Know- ledge, and by whom ? And Interrogate as before. II. What Bufinefs or Profellion are you of? W^here, and how have you lived for thefe feven Years laft paft ? What are you worth, your Debts paid ? And what have 4 yo^ in tfje (BttUtMktil Cout:t<2f* ^j you received, been promifed, or do you any ways expe6]:, and from whom, for, or any ways on Account of your being a Wit- nefs in this Caufe ? Do you expert no Benefit or Advantage to yourfelf or Fa- mily, and whom of, to your Confcience, by the Will in Qiieftion ? And Interrogate as before. 12. Are you any ways indebted to the Producents, any, and which of them, or they or either, and which of them, to you in any and what Sum or Sums of Money, and how fecured, or are you related to them, either, and which of them, in any and what Degree? Set forth the fame, and confider you are upon your Oath. And In- terrogate as before. A Cojididit propon72dmg a Will* A Bufinefs of proving"* Upon which by Witnefles the laft Will and Teftament of G. B. late of the Parifli of Day R. as law- ful Pro6l:or of the faid C K n the County of — )>and by Virtue deceafed, promoted by I of his Authority C H. the fole Executrix I from her, exhi- named in the faid Will. j bited the true R. J Original laft Will and Teftament of the faid G. B. deceafed, beginning thus, to wit— (^) (^) ^^^}^^ «Jic and ending thus, to wit, and fubfcribed a^fg^ of" G. B. and to ail EfFe61s of Law whatfoever, the Will."^ which may be moft beneficial and effe^luai in this Behalf alledged, pleaded and arti- culately propounded as follows, to wit, I. That 96 C6c Cletfe'is 3!nl!t:uffo? I. That the faid G. B. the Teftator in this Caufe, deceafed, being of found arid difpofing Memory and Underftanding, and having an Intent to make his laft Will and Teftament in Writing, did on or about the . Day of — — in the Year of our Lord make and declare his faid laft Will and Teftament in this Caufe exhibited, and therein and thereof did conftitute and ap- point the faid C. H. fole Executrix 5 and the faid Will was reduced into Writing ac- cording to the Directions and Inftrudions of the faid Deceafed, and was read over to or by him, and he well underftood the Con- tents thereof, and approved of the fame, and did will, give and do in all Things as therein is contained ; and he the faid De* ceafed did write his Name at the Foot of Bottom of the faid Will, and did fign, feal, publifh and declare the fame by taking a Seal from off the Wax now appearing near his faid Name, as and for his laft Will and Teftament, as well in the Prefence of the WitnefTes thereto fubfcribed, who figned their Names as Witnefles to the faid Will, in the Prefence, and at the Requeft of the faid Teftator, as alfo in the Prefence of feveral other credible Perfons then pre- fentj and the faid Teftator was at all and fmgular the Premifles of found difpofing Mind, Memory and Underftanding ; and this was and is true, and the Party Propo- pent doth alledge and propound the fame, and every Part thereof, jointly and fe* verally. 4. 2. That 2. That all and fingular the PremifTes aforefaid were and are true, publick and nbtorious, and thereof there was and is a publick Voice, Fame and Report i and of which legal Proofs being made, the Party Proponent prays Right and Juftice to be done to him and his Party in the PremilTes, by you the Worfliipful the Judge of this Court; and the Force and Validity of the faid laft Will and Teftament of the faid G. B. deceafed, to be pronounced for^ and the Probate thereof granted to the faid C H. to be confirmed by you, and your definitive Sentence or final Decree to be given in this Bufmefs, H 9S Clje Cleck'0 31nftttmoi A Cojididit propoit7idi?ig a Nft?iciipa' five WilL Seflion of Term, ^c. ABufinefs of exhibiting'^ and propounding in foletnn Form of Law the laft Will and Teftanient Nuncupative of C C late of the Parifh of in the County of — Widow, de- ceafed, promoted by R. R. Nephew by the Sifter, and )>Nuncupative Upon which Day L. as law- ful Pro6tor of the faid R. R. exhibited a cer- tain Schedule Teftamentary, containing the End of the Will Will of the faid C. C Widow, deceafed , be- ginning thus, to wir,*[ ] and ending thus 5 to wit, [ ] [At all principal Legatee named in the faid Will of the faid Deceafed, againft D. B. pretended Admin-iftrator of * Recite wr- the Goods, Chattels and ^^z//;« the Be- Credits of the faid De- ginning and ceafed. which feveral Tranfadions the faid C. C was of found Mind and Memory, and well knew and underftood what fhe faid and did] and to all EfFeds of Law what- foever which may be moft beneficial and ef- fectual, alledged, pleaded and particularly propounded as follows, to wir, I. That the faid C. C. the Teftratrix in this Caufe, deceafed, on or about the — Day of — — in the Year of our Lord • then being in the Houfe of in the Parilli of ^— aforefaid, and being lick of in the (BccktMiCui €ci\tt0. 99 of the Sickne{s whereof llie died, and be- ing of perfec!:!: Mind, Memory and Under- ftanding, and having a Mind to fettle and difpofe of what (he had, did make her Jall: Will and Teftameiit Nuncupative, or by Word of Mouth, in the Words following, or Words to that or tlie like Effed : \^Here recite the IVords Nnncnpative verbatim made by the Tejiatrrx^ All which W^ords, or Words to that or the like Hffedl:, the laid C C. the Party in this Caufe, deceafed, nuncupated and fpake, with an Intent that the fame fliould ftand for and be her Jaft Will and Teftament Nuncupative, in the Prefence of feveral credible Witnelfes, and requefted or defired the Witncfles then and there prefent, or fome of them, to take Notke, that what fhe then faid and de- clared was her laft Will; and fhe the faid C. C deceafed, was, at all and fmgular the PremifTes, of perfect, found and difpofing Mind, Memory and Underftanding, and that by the W^ords, [My Nephew in the Country, who is the Father of my Niece Snfan'] nuncupated by the faid Teftatrix as aforefaid, and in the aforefaid Teftamentary Schedule mentioned, the faid Teftatrix C. C meant and intended the faid K. R. the Party Proponent in this Caufe ; and that the faid R. R. the Party Proponent, then lived at — —in the County of > and is the natural and lawful Father of S. R. the faid Deceafed's Niece, of whom (he then fpoke; and this was and is true, publick and notorious, and well known to the faid D. B. Party in this Caufe; and the Party Propopent doth alledge and propound H 2 the 100 €lje Clctk'isj Jnffi'uao? the fame, and every Part thereof, jointly and feparately. 2. 'J hat all and fingular the PremilTes were and are true, and fo forth. J Citation for an ExecrJtor to bring in the Trobate of a jyUl^ to prcve the farne bj Witnefjl'S^ a?id alfo to exhi- bit an Iwventorj upon Oath, HH. Do61or of Laws, (^here recite the 9 'fitlcs of the Judge) lawfully con- ftituted j To all and fingular Clerks and literate Perfons in and throughout the whole of' aforefiid, Greeting; We do impower and ftridly injoin and command you, jointly and feverally, pe- remptorily to cite, or caufe to be cited, y^. B. the pretended Executor named in the pretended laft Will and Teftament of C. D. late of the Parifh of in the County of Spinfter, deceafed, to ap- pear before us, our Surrogate, or fome other competent Judge in this Behalf, in Qjere name the "Place 'particularly inhere the Caufe is heard) and Place of Judicature there, on the {fpecify the Return') after he fhall be ferved with this Citation, if it be a Court- Day, otherwife the Court-Day then next following, at the ufual Hours for hearing of Caufes and doing of Juftice there, then and there to bring in and leave in the Re- giftry of the Court of aforefaid, the pretended Probate of the pretended laft Will and Teftament of the faid Deceafed, here- Ill tfjc Cccfcfiafffcaf Courts. loi heretofore unduly obtained in the Name of the faid A. B. as the pretended Executor thereof, in the Cud Court, in common Form, and to prove the fiid Will in folemn Form of Law, by good and fufficient Wit- neflTes, and to fliew good and fufficient Caufe (if any he knows or hath) why the faid pretended Probate of the faid pretend- ed Will (hould not be revoked and declared to be null and void to all Intents and Pur- pofes of Law whatfoeveri and alfo why the laid pretended Will iliould not be pro- nounced and declared to be null and void to all Intents and Purpofes in Law whatfo- ever, and the fiid Deceafed pronounced and declared to have died Inteftate, (without making any Will) and alfo to exhibit and leave in the Regiftry of the faid Court, a true and perfe(::t Inventory of all and fin- gular the Goods, Chattels and Credits of the faid Deceafed, which fmce his Death have come to his Hands, Polfefiion and Knowledge, by Virtue of his corporal Oath, and further to do and receive what unto Law and Juftice fliall appertain, under Pain of the Law, and Contempt thereof, at the Promotion of D. D. (Wife of E. D.) the Niece by the Brother, and next of kin of the faid Deceafed ; and whatfoever ye Ihall do, or caufe to be done, in the Prc- miffes, ye fhall duely certify us, our Sur- rogate, or fome other competent Judge in this Behalf, together with thefe Prcrfents. Dated at the Day of in the Year of our Lord H 3 ^ 102 Clje €!ci-lx'£( Jnanisor J SuhflitTnin?!. from a Trcoior appoi^H- i?ig a Ttifon to aB for him, NOW al! Men by thefe Prefents, That I A. B. Notary Publick, and one of the Procurators General of the Arches Court o^ Canterbury^ having (among other Things in my original Proxy made and given to me by R. S. which I, as law- ful Prodor for him, have exhibited into the Regiftry of ) a full and general Power to fubftitute and appoint any Perfon or Perfons, Prodor or Prodors for me, and in my Name, Place and Stead, when and as often as I (hall think it proper or expe- d ent fo to do, or as Occafion Ihall require, do therefore hereby fubftitute and appoint C D. and D. E. Notaries Publick, and Procurators General of the Arches Court of Canterbury^ jointly and feverally for me, and in my Name, Place and Stead, to ex- pedite and do all and fingular fuch h6ks^ Matters and Things whatfoever as may or fiiall by Law be requifite and necefliiry to be done for and on the Behalf of the faid R. S. in as full and ample Manner and Form, as I my felf might or could do, by Virtue of fuch my original Proxy, if I were perfonaliy prefent ; and I do hereby pro- mife to ratify and confirm all and whatfo- ever my faid Subftitutes, or either of them, fnall lawfully do, or caufe to be done, in and touching the PremilTes. In IVitnefs whereof I have hereunto put my Hand and Seal tiiis Day of in the Year of pur Lord — • yi. B. A in t{)C €ccleriafi[ical Coiu:t0* 103 J Troxy appointing a Tro'clor to ap- pear and give a Negative IJfue to a prete?ided Will' KNOW all Men by thefe Prcfents, That we A. B. and C. D. the and next of Kin of R. G. late of the Pariih of in the County of Efq^ de- ceafed, do hereby conftitute and appoint Z). E. one of the Frocutors General of the Arches Court of Canterbury^ to appear be- fore the Right Worfhipful K. B. Dodor of Laws, Judge of the Court of his Surrogate, or any other competent Judge in this Behalf, and to oppofe and give a Negative KTue to the pretended laft Will and Teftament of the faid Deceafed, wherein it is pretended, that 0. P. is made Executor i and to oblige the faid O. P. to prove the faid Will by good and lawful Witnefifes, and to do every Thing that fhall be needful and neceffary to be done for us, until a definitive Sentence fliall be pro- nounced for or againft the Validity of the faid Will; and we do hereby promife to allow for firm and valid, all and whatfoever our faid Prodor ihall lawfully do, or caufe to be done for us, in and touching the Pre- miffes. In Witnefs whereof we have here- unto put our Hands and Seals the Day of ■ in the Year of our Lord Signed and fealed^ ^c. A, B. C D. H 4 Aft 104 -etlje C(erV0 JnftruRoi Jn A'ci of Court upon choofwg and ap^ pointing of a Guardian to receim a Legacy, On — the ~-r- Day of — in the Year of our Lord before the Worfhipful R. C. Doctor of Laws, Surrogate of the Right Worfhipful R. B. aifo Dodor of Laws, < — — of the Court of lawfully appointed in the Prefence of the Notary Puolick under-written. A Bufinefs of Ele^ling" Upon which Day appeared perfonally the faid A. C. and E. C and al- ledged, that the faid Deceafed whilft living, and being of found Mind , and Afligning R. R. Curator or Guardian, to all Intents and Purpofes in Law whatfoever, to A. C. and E. C. Minors, Legatees named in the laft Will and Teftament of L. C late of the Parifh of in the County of deceafed. - Memory and Underftanding, made hi$ laft Will and Teftament in Wri- ting, and therein and thereof did conftitute and appoint the faid R. R. and S. S. his Executors, and afterwards departed this Life; that after his Death, to wit, upon the — — Day of in the Year of our Lord the faid R. R. and S. S. proved the faid Will in common Form of Law in the Court of that the faid De- ceafed did in and by his faid Will (aqiong other Things) give and devife to them the faicj //. C and E. C a Legacy reipedively in tljc Ccclcfiaflical Coui't0. 105 in the Words following, (to wit, (^) («) Recite the as in and by the faid Will (Relation being ^^^^^ '"'^' thereunto had) may more fully and at large j^c Wiu! *" appear ; and the faid A. C. and E. C. fur- ther alledge, that they are refpedively in their Minorities, to wit, the faid ^. C. of the Age of eleven Years, and E. C. above the Age of eight Years, but refpedively under the Age of Twenty-one Years, and thereby incapable of demanding, fu'ing, re- covering or receiving the faid Legacies fo devifed to them as afnrcfafd, or of giving in their own Names fufficient or proper Re- ceipts or Difcharges in Law to the faid S. S. for the faid Legacies, wherefore they made choice of the faid R. R. to be their Curator or Guardian to all Intents and Purpofes in Law, and more efpecially to the Intent of demanding, fuing, recovering and receiving the faid Legacies given in and by the faid Will, as alfo of giving proper Receipts or Difcharges in Law for their Ule and Benefit, upon Delivery or Payment of the faid Legacies, and prayed him fo to be afligned accordingly ; where- upon the faid R. R. (being then prefent in Judgment) accepted of the faid Guardian- fhip, wherefore he prayed, and the faid Surrogate, at his Petition, afllgned him Guardian to A C. and E. C. the Minors and Legatees aforefaid, to all Intents and Pur- pofes in Law whatfoever, and more efpe- cially for the Ends and Purpofes before re- cited, and thereupon decreed Letters Tefti-r monial to be granted. This I attefl", R. C Notary Publick. 4 io5 mjt citxh'^ ^Mmm J T>eclaratio7i ijifiead of an Ju'Deiitory of the Goods^ Chattels ajid Credits of J. W. late of the Tariflj of in the Cofifity of hut in the Mer- chant Ship deceafed^ zvhich fince his TDeath ha r ca ON which Day JR. brought in an Inven- tory of the Goods, Chattels and Cre- dits of B. P. upon the Oath of his Client y4. P- and prayed his faid CHent to be difmiifed in the Prefence of L. diflenting and alledging, that the faid A. P. hath omitted out of the fiid Inventory of the Goods, Chattels and Credits of her Huf- band B. P. deceafed, feveral and divers Goods and Chattels, and the Value of them, which were Part of the Perfonal Eftate of the faid B. P. at the Time of his Death, and which fince his Death have come to her Hands, PofTelTion or Knowledge, and with which the faid A. P. ought by Law to charge herfeJf, or at leaft: to fet forth the fame particularly in her Inventory ^ and the faid L. doth alledge, that the faid A. P. hath not fet forth in her faid Inventory the Arrears of Rent which were due to the faid B. P. at the Time of his Death, and the Particulars of them, and from whom due. io8 cije €ittKfi Mmmi due, nor the particular Quantities or Value of the feveral Sorts of Wares men- tioned in the faid Inventory, nor what In- tereft was due to the faid Deceafed at the Time of his Death, upon the Bond for Pounds from the Reverend Mr. B. K. Redor of in the County of and likewife upon the Bond for< Pounds from Sir H. H. Bart, of Hall in the County of feverally mentioned in the faid Inventory , and alfo hath not fet forth in the faid Inventory what Dividend or Dividends was or were due to the faid B. P. at the Time of his Death upon the • Pounds Capital Bank Stock in the Name of B. J- mentioned in the faid In- ventory, nor what South- Sea Stock and Sontb-Sea Annuities, and how much in par- ticular of each was at the Time of the Death of the faid B. P. in the Name of her the faid y4. P. or in the Name of any Perfon or Perfons in Truft for her, nor what Dividend or Dividends was or were due upon fuch South-Sea Stock or South-Sea Annuity Stock, at the Time of the Death of the faid B. P. and alfo hath not fet forth what particular Debts were due and owing to the faid B. P. fet down and en- tered in his Shop-Books, wherefore the faid L. prayed, that the faid A. P. may be compelled by due Courfe of Law to exhibit a further Inventory upon her Oath, and therein particularly fet forth all fuch Ar- rears of Rent which were due at the Time of the Death of the faid B. P. from all his real Eftares, as alfo the feveral and parti- cular Quantities, and refpedive Values of the In t!jc (Scclefinmcnl Ccuttie?. 109 the faid feveral Wares, mentioned in the faid Inventory at the Time of the Death of the faid Deceafed, as alfo to fet forth the Dates of the two aforementioned Bonds ~ for and Pounds, with what In- tereft was due and owing at the Time of the Death of the faid Deceafed from fuch Bonds, and each of them, and from what Time fuch Intereft commenced, as alfo "what Dividend or Dividends was or were due at the Time of the Death of the faid Deceafed, upon the faid Pounds Capi- tal Bank Stock, as alfo what particular South-Sea Stock and South- Sea Annuity Stock, and how much of each Stock was in the Name of the faid A. P. or in any other Name, in Truft for her, at the Time of the Death of the faid B. P. as alfo to fet forth the particular Debts due and owing to the Deceafed at the Time of his Death, which are fet down and entered in his Shop Books, as alfo fuch other Sum and Sums of Aloney, Bonds, Bills, Notes, Mortgages, Securities for Money, or other Effects what- foever belonging to the faid Deceafed at the Time of his Death, which have come to the PoffefliOD, Power or Knowledge of the faid yf. P. or of any other Perfon or Perfons to or for her Ufe, or in Truft for her, not already mentioned in the faid In- ventory, given upon the Oath of the faid A. P. d •lib Clje €Utl''0 3in(ln!c?o? J T>eclaratwf2 i72ftead of a further In- ventory of all and fin^idar the Goods -^ Chattels and Credits of B. P. late of the Tariflo of iji the Coujity of deceafed^ zvhich fince his TJeath ha Court- Day, otherwife the Court-Day then next immediately following, at the ufual Hours of hearing Caufes, and doing Juftice there, then and there to anfwer to the faid A. B. Widow, in this her Caufe or Bufinefs of Appeal and Complaint of Nullity, and further to do and receive what unto Law and Juftice ihall appertain, under Pain of the Law, and Contempt thereof 3 and whatfoever you fiiall do, or caufe to be done, in the PremifTes, you ftiall duely cer- tify us, or our Surrogate, or fome other I 4 com* 2 20 m)t €{nk'^ jmn\m competent Juc^ge in this Behalf, together with thefe Prefents. Dated at B<^. A// Lihihitio72 iji the Court of *JDele- gata upon a?2 yapped jrom Reje fling the Jdmijjion of an Jllegation, G ^Eorge the Second, by the Grace of God of Great Britain^ France and he- land King, Defender of the Faith ; To all and fingiilar Clerks and literate Perfons "whomfoever and wherefoever in and thro'- out our Kingdom o^ Great Britain^ Greeting: Whereas we have lately granted our Com- miflion under the Great Seal of Great Bri- (a)ThewhoIe t^i^h of the Tenor following, to wit, (^) Commijlion Gcovge the Second, by the Grace of God of recited, Great Britain^ France and Ireland King, Defender of the Faith, and fo forth • To our well beloved in Chrill Sir E. P. Knt. one of the Juftices of our Court of King's Bench, appointed to be held before us Sir y. C. Knt. one of the Barons of our Ex- chequer, Sir J. F. A. Knt. one of the Ju- fiices of our Court of Common Pleas, G. P. H. I-L a P. E. J. and IV. B. refpedively, Doftors of Laws, Greeting: It being made known unto us in our High Court of Chan- cery of Great Britain^ by an Appeal and Complaint made and interpofed on the Part and Behalf of D. J. Efq^ the of r. J. late of — in the Parifh of 'in the County of Efq; deceaftd, that he thinking himfelf to be very much injurtd and aggrieved by certain Grievances, Nul- litiesg Iniquitiesjinjuftices and Injuries done in tfje Ccclcriamca! Courtjs. 121 to and inflided upon him by the Right Wor= fhipful J. B. Dodor of Laws, {here inj'ert the ^itle or titles of the Judge') of the ' Court of — lawfully appointed, in a certain Caufe or Bufinefs of proving by WitnefTes the pretended lafl: Will and Teftament of the faid 7! y. lately depending before him in Judgment, between B. J. the natural and lawful Son, and pretended Executor named in the faid pretended Will, the Party promo- ting the faid Caufe or Bufinefs, of the one Part, and him the faid D. J. the Party a- gainft whom the faid Caufe or Bufinefs was promoted, on the other Part, as well by Vir- tue of his pretended Office, as at the unjuft Inftance, Inftigation, Petition, Sollicitation or Procurement of the faid B. J. or his Prodor^ and that the faid D. J. juftly fearing that he might or fhould be hereafter further injured and aggrieved thereby, hath therefore in due Time and Place appealed from them, and e^ery of them, and more efpecially from Rejecting (^), and not admitting an i^^) The Prar- ylllegatton in IVnting^ given in the faid Caufe fertim of the cr Bufinefs^ and prayed to he admitted on the -Appeal. Behalf of him the faid D. J. and from every Thing that may or (hall arife or follow therefrom, and had equally and principally complained of them, and every of them, unto our High Court of Chancery of Great Britain^ and to us in the faid Court ; and moreover had caufed humble Supplication to be made unto us, that we would, out of our Royal Clemency, vouchfafe to grant him a fuitable Remedy in this Behalf^ we therefore being favourably inclined to fuch his Supplication and Requefl, and being willing 122 €&e €it\:\\''0 Jnntmoi willing and defirous that Juftice fhould be fully and impartially adminiftred in the Pre- miffes, do hereby give Power unto you, on whofe found Learning, Integrity of Mind, Dexterity and Skill in Bufinefs, we very much rely on this Behalf, and do charge and command you, that in all ordinary AQis to be expedited in the faid Caufe or Bufinels before the giving or pronouncing a definitive Sentence therein exclufively, you all, or at leaft two of you, but that in the pronouncing or giving a definitive Sen- tence, you all, or at leaft three of you, of whom we will and require, that you the aforefaid Sir E. P. Knt. Sir J. C Knt. and Sir J. F. A. Knt. or one of you, lliall be prefent and confenting thereto j and that you do in this Caufe or Caufes of Appeal and Complaint of Nullity, and in all At- tempts fince and againft the fame, or from any Pcrfon or Perfons whatfoever, and alfo the whole principal Caufe or Bufinefs, toge- ther with all its Matters and Incidents what- soever arifing from, depending on, and ad- joining to, or conned:ed with the fame, firft convening before you in Judgment, the faid jB. 'J. and all others who by Law ought to be fo convened in this Behalf, proceed fummarily and plainly, and without Cla- mour, or the ftrid; Formalities of the Law, confidering only the Truth of Things, and regarding the mere Equity of the Cafe j and having heard all Things that have been, or fhall be propounded on either Side, that ye do adjudge and decree what fhall be juft and equitable in the PremifTes, and what ye fhall fo adjudge and decree, that you in tlje €cclcria(ticaf Coutt*^* 123 you do, by all due Means and Methods of Law, caufe to be firmly and fully obferved in this Behalf i in Teftimony whereof we have caufed thefe our Letters to be made Patent. IVitnefs ourfelf at H^efiminfier the Here ends the Day of in the Year of our Commiffion. Reign. And whereas our well beloved Sir The Inhibi- E. P. Knt. one of the Juftices of our Court tioa follow*. of King's Bench, appointed to be held be- fore vs; Sir J. C. Knt, one of the Barons of our Exchequer, Sir J. F. A. Knt. one of the Juftices of our Court of Common Pleas, G. P. H. a a P. E. J. and IV. P. re- fpedively. Doctors of Law, have accepted of the faid CommifHon, and at the Peti- tion of the Prodor of the faid D. J. have decreed an Inhibition and Citation to the Effe(5t following, ( Juftice fo requiring j) We do therefore authorize, impower and ftridily command you, jointly and feve- rally, that ye do inhibit, or caufe to be inhibited, the aforefaid Do6tor J. B. the Judge from whom the faid Caufe is appeal- ed, and his Regifter, and the faid B. J. in fpecial, and all others in general, whom by the Tenor hereof we fo inhibit, that they, nor either of them, (pending this Caufe of Appeal and Complaint) do attempt to do, or caufe to be attempted or done, any Thing to the Prejudice thereof, whereby the Party Appellant may be impeded in the Frofecution of fuch Appeal as fhall be juft, under Pain of the Law ; and that ye alfo cite, or caufe to be cited peremptorily, the faid B. f. that he appear before our faid Judges De- legates, or their Condelegates, {here fpecify the Place where the Caufe is beard) and Place of of Judicature there, on the fixth Day after he is ferved herewith, if it be a Court-Day, otherwife the next Court-Day following, at the ufual Hours of hearing Caufes, and doing Juftice there, then and there to an- fwer to the faid D. J. in his faid Caufe of .., Appeal and Complaint, and further to do and receive what unto Law and Juftice fliall appertain ; and what you fhall do in the Premiffes ye Ihall duely certify our Judges, Delegates, or their Condelegates, together with thefe Prefents. Dated under the Seal of the High Court of Delegates this • Day of in the Year of our Reisin. J Troxy appointinz^ a TroUor to pro- fecute an Jppeal in the High Court of 'Delegates. THereas a pretended definitive Sen- / tence hath been lately read and promulged for the Validity of a pretended Will of E, Q late of — in the County of- deceafed, bearing Date the Day of from which there is an Ap- peal to his Majefty in his High Court of Chancery, interpofed on the Behalf of ^. C. Widow, the — and only next of Kin of the faid Deceafed : Now know all Men by thefe Prefents, that I the faid ^. C. do hereby conftitute and appoint R. B. one of the Procurators General of the Arches Court of Camerhury^y to be my Prodtor, and do au- thorize him, for me and in my Name, to profecute my faid Appeal, and togetaCom- niiffion fn tlje Ccclcfintfical Courts. 125 mifTion of Appeal, iflTued under the Great Seal, and to caufe H. B. Eiq^ the pretend- ed Executor and Refiduary Legatee named in the faid pretended Will, to be cited to appear before the Judges Delegates, who fhall be appointed by the faid Commiflioa to hear and determine the Merits of my faid Appeal, and to anfwer to me in my faid Caufe of Appeal i and further to do all other A61s needful and neceffary to be done for me, and on my Behalf, in my faid Caufe of Appeal, until a definitive Sen- tence fhall be given therein ; and I do here- by promife to allow for firm and valid all and whatfoever my faid Prodor (hall do, or caufe to be done for me, in and touching the Premifles. In IVitnefs^ &c. J7t 126 €Ije Cietk'^ SnftatSo? J/i JU of Cotivt on voarn'mg a Ca'veat cigai72ft from7ig a Will, and praying a Commiffion of Jppraift?He?it, On the Day of i3c. Which Day C exhibited his Proxy for the faid M. G. and made himfelf a that the faid Deceafed, late- ly departed this Life, but before his Death duely ABufinefs of proving" in common Form of Law the laft Will and Te- ftament of G. IV. late of the Parifh of in the County of deceafed, .Party for her, promoted by M. G. the and alledged, ible Executrix named in the faid Will, againft C S. a Creditor of the faid De- ceafed by Judgment. C H. made his laft Will and Tefta- jnent in Writing, and did thereof nominate, conftitute and appoint his Client the faid M. G. fole Executrix ^ wherefore the faid C prayed a Probate of the faid Will to be de- creed to IlTue under Seal of this Court, in common Form, in the Name of his faid Client, in the Prefence of H. who exhi- bited his Proxy for the faid C S. Efq; and made himfelf a Party for him, di{renting,and alledging, that his faid Client is a Creditor of the faid Deceafed in the Sum of — Pounds of lawful Money of Gre^t Britain, by Judg- ment ^ wherefore he prayed, and the Judge (at his Petition) did decree a Commiffion to iiTue forth for taking an Inventory, and valuing and making an Appraifement of the I Goodsj fit tfje Ccclcfinfiica! Courts. 127 Goods, Chattels, Rights and Credits of the faid Deceafcd, and for infpe^ting of the Bonds, Leafes, Accounts and Books of Ac- count, and all other Writings and Papers whatfoever relating to the Perfonal Eftate of the faid Deceafed, and did order the fame to be direded to E. U. G. P. O. A, €. D. R. H. and J. L. Comraifiioners named by the faid H. as alfo to R. F. Efq; H. H. J. M. E. H. R. V. and H. K. Commiflioners named by the faid C or to any two or more of them, and did appoint the fame to be executed on the re- fpedlive Days of at the late Dwelling- houfe or Habitation of the faid Deceafed, or at any other Place where any of the faid Deceafed's Goods, Chattels or Credits are or remain, with Power of Continuation or Prorogation thereof to any other Time and Place, as need fhall require, or to the faid CommilTioners fhall feem meet, and did de- cree the faid M. G. in fpecial, and all others in general, that have any of the faid De- ceafed's Goods or EfFeds, Books, Writings or Papers whatfoever, that may or do any ways concern or relate to the Perfonal E- ftate of the faid Deceafed, in their Power, Cuflody or Pofleflion, to be monifhed and cited to produce and fhew, or caufe to be produced and fhewn to the faid Commif- fioners, at the Time of executing the faid Commiflion, all and fingular fuch Goods, Chattels and Credits of the faid Deceafed, and all fuch Books, Bonds, Leafes, Papers and Writings whatfoever, that may or do any ways relate to or concern the Perfonal Eftate of the faid Deceafed, and are in their 128 €fje Cletk'iS JnffntJtoi their Power, Cuftody orPoffeflion, in order that the fame may be duely valued and appraifed, and reduced into an Inventory of the faid Deceafed's Perfonal Eftate, un- der Pain of the Law, and Contempt there- of 5 and at the Petition of C afligned the faid H. to exhibit an Affidavit of his Ghent's Debt, and to extrad: the faid Commiflion in a Week, and to return the fame, to- gether with the Proceedings had thereon, on or before the Seflion of ■ Term next enfuingj and in Cafe the faid Commiffion is not extradled within the Time affigned, did decree the Probate to pafs to the faid C-'s Client, and in Cafe the laid C. did not name Commiilioners, did, at the Petition of the faid H. decree the faid Commiflion to go out, direded to the Commiflioners named by the faid H- only. Jn Ill tJjZ &clcUiinictd Courts. I2p J/z JU of Court for a Coimnifjion to jzvcar CiU Excc^itor. On the Day of Year of our Lord in the ^e. A Bufinefs of proving" in common Form the laft Will and Teftament of y^. B. late of in the County of deceafed, promoted by E. F. the fole Executor named in the laft Will and Teftament of the faid Deceafed. Upon which Day /r. exhi- bited his Proxy for the faid JE. F. and made himfelf a Party for him, and al- ledged,that the faid Deceafed • ' whilft living, and of found Mind, Memory and Underftanding, made his laft Will and Teftament in Writing, and thereof ap- pointed his faid Party fole Executor, and afterwards, to wit, Months fincc, departed this Life ; and that his faid Party lives in remote Parts, wherefore he prayed, and the faid Surrogate, at his Petition, de- creed a Probate of the faid Will to iftue under the Seal of this Court, in the Name of his faid Party, as alfo a Commiflion to iftue out as aforefaid, for receiving and taking the Oath of his faid Party, as well concerning the Truth of the faid Will, as alfo of his true and faithful Performance K thereof I30 €lje Cletk'0 3Infttuao? thereof as Executor, * to be directed to the Reverend A. B. and C D. Clerks, refpec- tively refiding in or near the faid County of « jointly and feverally. This I atteft, R. C. Notary Publick. * Note ; If any Affidavit is required to he annexed to the CommiJJion to prove the Will to he of the Deceafed's Hand-wri' ti72gj infert the IVords following : As alfo a Claufe to be inferted therein for the receiving and taking the Oaths of two credible Perfons, to depofe that the faid Will is all of the proper Hand- writing of the faid Deceafed. An in tfje ecclefiam'cal Ccurt^*, 131 J/i Jui of Court np07i an Executor s Terjoital Rcnfi7iciatio7i of the Exe- ctitic7i of a Will, On — the Day of in the Year of our Lord — — before the Worfliip- ful R. C. Surrogate in prefent the Notary PubHck nnder-writcen. ABufinefs of renoun-^ Upon which . cing the Burden of) Day appeared the Execution of rhe lafl j perfonaily the Will and Teftament of I laid E. F. and y^. B. late of the Parilh of! alledged that ■ in the County of — [the faid De- deceafed, made by E. F. ''"ceafed whilft he the fole Executor named | was living, and in the laft Will and Te- ftament of the faid De- ceafed. of found Mind, Memory and Underftanding, made his la(t Will and Teftament in Writing, and therein and thereof nominated, conftituted and appointed him the fa'.d E. F. fole Exe- cutor, and afterwards departed this Life j and that for divers good Caufes and Con- fiderations him thereunto fpecially moving, hq doth exprefly hereby renounce the Bur- den of the Execution of the faid Will; where- fore he prayed, and the faid Surrogue did, at his Petition, (he being firft faorn concern- ing the Truth of the faid Will, as alfo that he hath not intermeddled, nor doth intend to intermeddle, with any Part of the faid Deceafed's Effeds;, and doth renounce tiie K 2. Exe- 13 2 €1)0 €Ut\is^ Jniftugo? Execution of the faid Will, without any View of Fraiid or Collufion in this Behalf) admit this his Renunciation, as far as by Law it may be admitted and enaded, and thereupon decreed Letters Tcftimonial to be granted. This I attelf, B. D. Notary Publick. J Troxy of Rc7/ti72ciatio72 of an Exc- ciitorjjyip' ^ J. Ty"NOW all xMen by thefe Prefents, XV. That I A. B. the fole Executor named in the laft Will and Teftament of CD. late of the Parifh of — in the County of — deceafed, for divers good Caufes and Confiderarions me heieumo fpecially moving, do hereby renounce the Burden of the Execution of the faid Will, and to the End that this my Renunciation may have its due Effect in Law, I do hereby nomi- nate, conftitute and appoint yl. IV. Notary Publick, and one of the Procurators General of the Arches Court of Canterbury, to be my true and lawful Prodor for me, and in my Name to appear before the Right W^or- fhipful J. B. Dodor of Laws, ■ of the Court of his Surrogate, or fome other competent Judge in this Behalf, to exhibit th^s my Proxy of Renunciation of the Execution of the faid Will as afore- f lid, and to pray the fame to be admitted and enacted ; and I do hereby promife to allow Ill tijc €cc!cnaiTiCiYf Cotirts;. allow for firm and valid, all and whatfoever my faid Proctor fhall lawfully do, or caufe to be done for me, and in my Name, in and touching the Premifles. In IJ'itiiefs whereof J have hereunto fet my Hand and Seal the ' Day of in the Year of our Lord Signed and fealed by the faid A. B. (being firfl: duely ftamp'd according to Ad of Parliament} in the Prefence of us R. R. O. P. A.B. ^11 An Jfl of Court upoii exhibit i?ig the 'proxy of Rc/nLiiciatio?i of an Exe- cntorjbip. On the Day of - ec. A Bufinefs of Renoun-'^ cing the Burden of the Execution of the laft Will and Teftament of A. B. late of in the County of deceafed, ^Hand and Seal Upon which Day IV. exhi- bited his fpecial Proxy under the proper made by E. F. the fole Executor named in the lait Will and Teftament of the faid Deceafed. Deceafed "whilit he was of found Mind, Memory and Undcrftanding, K. 3 made of the faid E. F. and made him- fclf a Party for him, and aliedg- ed, that the faid made his laft Will and Teftament in Wri- ting, and thereof nominated and appointed his faid Party fole Executor, and after- wards departed this Life • and that his faid Party, for divers good Caufes and Confi- derations him thereunto fpecially moving, hath, by Virtue of the faid fpeciai Proxy, renounced the Execution of the faid Will, as in and by the faid fpeciai Proxy before exhibited (to which the faid Fi^. refers him- felf) may more fully and at large appear; wherefore the faid ^. prayed, and the faid Surrog:;ite, at his Petition, admitted the faid fpeciai Proxy and Renunciation as a- forefaid, as far as by Law may be admitted jind enacted, and thereupon decreed Letters Teftimoiiial to be granted. This I atteft, R. 0. Notary Publick. Ju fn tU e^cclefiaffical €oi\m. ^35 An j4B of Court upon grafiting a Mo- nition againft the Regiftcr of a7i iji- ferior JurifdiUioji to traiifmit ah Original Wilh the fame hei?ig erro- neoufy pro'ved therein^ i?i order to prove it in the prerogative Court in common Form, On the Day of ^c. ABufinefs of bringing'^ Upon which in and leaving in the Day G. exhi- Regiftry of the Preroga- bited his Proxy, tive Court of the >: and made him- felf a Party for the faid J. A. and f. H. and al]edged, that the faid De- ceased, whilfl: he was of found and Under- ftanding, made true Original laft Will and Teflament of 2^. A. Clerk, late Reftor of in the County of deceafed, and alfo of proving the fame in common Form of Law, promoted by J. A. and y. II. the Executors Mind, Memory named in the faid Will. his laft Will and Teftament in Writing, and thereof nominated and ap- pointed his faid Parties Executors, and after- wards departed this Life, leaving behind him Goods, Chattels and Credits in divers Diocefes or Jurifdidions, fufficient to found the Jurifdiftion of the Prerogative Court aforefaid ^ and after his Death, that his faid Parties (by Error) proved the faid Will in the — — — Court at where- K 4 upon 1)6 fTfjc €in\c^ jwmmt upon the faid G. prayed, and the faid Sur- rogate did, at his Petition, decree the Wor- fnipful H. R. Do;lor of Laws, of th€ Right Reverend Father in God J. by Divine PermiiTion Lord Bifhop of • and his Regifter or Aduary in fpecial, and ^11 others in general, in whofe Cuftody, Power or Pofleffion the faid Original Will of the faid Deceafed may or doth remain to be moniflied, to tranfmit, or caufe to be tranfmitted, the faid Original Will into the Regiftry of the Prerogative Court afore- faid, on or befo-e the Day of f. under Pain of the Law, and Con- tempt thereof. J Momtio/i for the afore faid Jcf* By Divine Providence Archbiihop o of ^c. To all and every Clerks and literate Perfons whomfoever and where- foever in and throughout our whole Pro- vince of Greeting : Whereas the W^or- la) If decreed fhipful J. A. {a) Doctor of Laws, Surro- J?y a Sarro- ^^^^ ^f ^^^e plight Worfhipful J. B. alfo ^^^^" Dotzlor of Laws', of the Prerogative Court of lawfully appointed in a cer- tain Bufmefs of bringing in and leaving in the Regiftry of the Prerogative Court a- iorefaid the true Original laft Will and Teftament of f. A. late of in the /» The Style County of — deceafed, [ (^) having pfthe Prero- -^hilft living, and at the Time of his Death, gatiye Court. Q^^^^^ Chattels or Credits, in divers Diocefes or peculiar Jurifdi^lions, fufficient to fpund the Jurifdidtion of the Preroga- PVf ill tijc Ccclefiafiical €omtn* 137 tive Court of ] and alfo of proving the faid Will in common Form of Law, promoted by J. A. and J. H. the Execu- tors named in the faid V/ill, rightly and duely proceeding, hath, at the Petition of the Proclor of the faid J. A. and J. H. al- ]edging, that the faid Original Will of the faid Dcceafed doth now remain in the Re- eiftry of the Court at interpoled his Decree for the Tranfmifiion of the faid Original Will of the faid Deceafed, (Juftice fo requiring j) W^e do therefore hereby ftridly injoin and command you, jointly and feverally, peremptorily to monifh, or caufe to be monifhed, the Worfliipful H. K. Dodor of Laws, of the Right Re- verend Father in God J. hy Divine Per- miffion Lord Biihop of and his Re- gifter or Actuary in fpecial, and all others in general, in whofe Power or Cuftody the faid Original Will of the faid Deceafed may or doth remain, to tranfmit, or caufe to be tranfmitted, the faid Original Will of the faid Deceafed into the Regiftry of the faid Prerogative Court of • on or before the Day of under Pain of the Law, and Contempt thereof j and whatfoever you fball do, or caufe to be done in the Premises, you fhall duely cer-. tify our aforefaid, his Surrogate, or fome other competent Judge in this Behalf, together with thefe Prefents. Dated at — - the Day of- — ^ in the Year of our J-grd • An 138 'Cfje ^Ut^'^ 3[n(!t:uS0| Ju JEi of Court iipo7i lEleUing and Jjjign'ing a Giiardia7j^ by the Office of the Jt-idge^ to a7i Infant Executor ; as nlfo of gra?iti7ig Letters of Jdmi- iiif ration^ vjith the Will an7zexed^ for the life of the I7ifa7it to the /hid Guardian^ a7id gra7iti72g a Monitio7i agai7ift the Re gift er of a7i inferior 'JnrifdiUion for the Tra7if?nifJio7i of the Origi7ial Willy and aljo for a Co7niHi[fio7i to fwear the Ad/nini- Jirator* On the Day of* ^c. Bufinefs of Elefling" and Afligning by the Judge's Office J. S. Cura- tor or Guardian, to all Intents and Purpofes in Law whatfoever, to C. B. an Infant, the natural and lawful Son of C. B. the Elder, late of the Parifh of in the County of — ) deceafed, and alfo fole Exfcutor named in the Lift W'-ill and 'I'eftament of the faid Deceaftd, as alfo of granting Letters of Ad- miniftration (with the faid Will annexed) of all and fingular the Goods, Chat- tels and Credits of the faid Upon which Day U^. exhi- bited his Proxy for the aforefaid J. S. and made himfelf a Party for him, and al- ledged, that the faid Deceafed -whilft he was of found Mind, Memory and Underftanding, made his laft Will and Tefta- ment in Wri- ting, and there- of did nominate the faid C B. lit t!je Ccclcfiaftical Couit^J* 139 Deceafed to J. S. afore- faid, as Guardian, law- fully afligned to the faid Infant for his Ufe and Be- nefit, until he fhall arrive to the Age of feventeen Years ; as alfo of bringing in and leaving in the Re- giftry of the Prerogative Court of Canterbury the faid Original laft Will and Teftament of the faid C B. the Elder, deceafed, pro- moted by the faid J. S. the Guardian aforefaid. his natural and lawful Son, fole Executor, and afterwards, to wit, on — the — Day of — de- parted this Life, leaving behind him feveral Goods, Chat- tels and Credits in divers Dio- cefes or Jurif- dic^ions fuffi- cient to found J the Jurifdiftion of the Prerogative Court of Canterbury^ hut that the faid C B. the Executor afore- faid, is an Infant, to wit, four Years of Age, and for that Reafon is not a Perfon efteem- ed capable in Law of choofing a Guardian, or taking upon himfelf the Execution of the faid Will j wherefore the faid W. prayed, and the Judge, at bis Petition, by Virtue of his Office, afligned the faid f. S. Cura- tor or Gunrdian to the faid Infant, to all Intents and Purpofes in Law whatfoever, but^ more efpecially to the Effeft of taking upon him the Letters of Adminiftration (with the faid Will annexed) of all and fingular the Goods, Chattels and Credits of the faid Deceafed, for the proper Ufe and Benefit of the fiid Infant, until he fhall arrive at the Age oi feventeen Years, and thereupon decreed Letters Teflimonial to be granted ; then the faid IV. alledged, that his faid Party refides in Parts remote front" hence, hence; wherefore the faid //^^ prayed, and the Judge, at his Petition, decreed Letters of Adminiftration (with the faid Will an- nexed) of all and fingular the Goods, Chat- tels and Credits of the faid Deceafed, to be granted and committed to the faid f- S. as Guardian lawfully appointed to the faid Infant, for his proper Ufe and Benefit, un- til the faid Infant Executor fhall arrive to the faid Age of feventeen Years, he the faid J. S. giving fufficient Security for the fame, and alfo decreed a Commiffion to fwear the faid J. S. as well concerning the Truth of the Premiffes, as alfo well and truly to adminifter the faid Goods, Chat- tels and Credits of the faid Deceafed, for the Ufe and Benefit of the faid Infant, to- gether with a Bond to be entered into and given by the faid J. S. together with two other Sureties, under a certain Penalty therein to be inferted, for the Purpofes a- forefaid, to be direfted to the Reverend y^. B. and C. D. Clerks, refpeftively refiding in or near the County aforefaid, jointly and feveraJly ; which being done, the faid IV. further alledged, that Letters of Admini- ftration of all and fingular the Goods, Chat- tels and Credits of the faid Deceafed (with his faid Will annexed) were by Error «!;ranted out of the Court of the Lord Bilhop of and that the faid Original Will now remains in the Regiftry of the faid Court j wherefore the faid H''. prayed, and the faid Judge, at his Petition, decreed the Worfhipful K. V. Do61or of Laws, of the Right Reverend Father in God • by Divine Permiflion Lord Bilhop of — -• his in tfjt Ccclcfinrticnl Courts. 141, his Regifter or A61uary in fpecial, and all others in general, in whofe Power, Cuftody or PofTeffion the faid Original Will of the faid C. B. the Elder, deceafed, is or doth remain, to be nionifhed to tranfmit, or caufe to be tranfmitted, the faid Original Will of the faid Deceafed into the Regiftry of the Prerogative Court aforefaid, on or before the Seflion of Term, under Pain of the Law, and Contempt thereof. This I attefl", L. IV. Notary Publick. A?i Jlp peal from ci?i inferior to a fu- perior Cotn't^ upou the Admijfwji of an Allegation* IN the Name of God, A^nen : Before you Notary Publick, approved and al- lowed by Authority and WitnelTes of good Faith and Credit here prefent, J. E. G. Notary Publick, and one of the Procura- tors General of the Arches Court of Can-' tcrbiiry^ do exhibit my Proxy for A, S. and make my felf a Party for her, with a De- fign to appeal from and complain of the Nullities, Iniquities and Injuftices, Griev- ances and Errors in proceeding hereafter mentioned, and equally and alike princi- pally complaining of them, and every of them, do by this Writing fay, alledge, and in Lav/ propound, that the Worfiiipful J. S. Clerk, Mafter of Arts, one of the CommilTaries of the Right Reverend Father in in God K. by Divine PermifTion Lord Bifnop of ' for Ecclefiaftical Affairs within the County of ■ Part of the Diocefe of in a certain Caufe or Bufi- nefs of bringing in and leaving in the Re- giftry the pretended laft Will and Tefta- -ment of R. T. late of' in the County of ^ and Diocefe of— deceafed, bearing Date the • Day of together with the pretended Probate thereof, unduly obtained by y. R. the pretended Executrix, named in the faid pretended Will, and de- claring the faid pretended Will, together with the faid pretended Probate thereof, rull, void and invalid, and fhewing good and fufficient Caufe^ why the true original laft Will and Teftament of the faid De- ceafed (hould not be proved in the Name of y^. S. Widow, the natural and lawful Sifter and Executrix named in the faid Will, and alfo of bringing in and exhibiting a true and perfe6i: Inventory of all and An- gular the Goods, Chattels and Credits of the faid Deceafed, lately depending before him, between the aforefaid ^4. S. the Party promoting the faid Caufe or Bufinefs, of the one Part, and the faid y. R. the Party a^ainft whom the faid Caufe or Bufinefs was promoted, on the other Parr, unduly and unjuftly proceeding therein, and (faving the Reverence due to him) favouring the Party of the faid y. R. more than by Law he ought to do, not in the leaft regarding the juft and reqaifice Forms of Law, but againft the faid yf. S. adling in all Things nully and unjultly, as well by Virtue of his faid pretended Office, as at the unjuft In- 4 ftigation. in tfje ^ccIeCiafiical C^tirt^. 143 ftigation, Sollicitation and Procurement of the iaid J. JR.. other wife ^S*. or her Proiftor, did admit an Allegation in Writing, given in the faid Caufe, on the Part and Behalf of the faid J. R. which was not concludent, and did not contain Matter admilnble by Law, to the manifeft Injury of Juftice, and to the very great Detriment and Prejudice of the faid jf. S. and to her Caufe 5 where- fore I the faid E. G. conceiving the faid y^.S. to be very much injured by the Griev- ances, Nullities, Iniquities, Injuftices and Errors afore mentioned, and other pretended Adls and Fadts of the faid pretended Judge, to be colledled from the Proceeding in the faid Caufe, do by thefe Prefents rightly and duly appeal from them, and every one of them, 'and more efpecially from the admit- ing {a^ of the faid Allegation, and from y. '^J^^ all and every Thing from thence enfuing, and all and fingular other Grievances to be colle6led from the Ads and Fads of the faid pretended Judge, to the Court of • and to the thereof, and do equally and alike principally complain of the Nullity, Iniquity, and all and fingular the Premiffes, and do three Times feverally and mofb earneftly pray Letters dimilTory in this Be- half to be made out and delivered to ir.e, or to the faid A S. my Party effedually ; and I do protcfl that there are rot ten, or at the moft not fifteen Days, fully elapfcd, fince the Grievances afore mentioned were done to my Party, or at leaft fince they came to her knowledge. And that I willing- ly would have appealed in the Prefence of the Judge himfelf, if I could conveniently have Grievance. 144 ^it €i:tl\''^ Inmmt have fo done ; and laftly I do protefl: and referve Power to myfelt of corre61ing and reforming this my Appeal and Complaint, by adding thereto, or fubftrading there- from, and reducing them into a better and more competent Form, and of intimating the fame to every Perfon, whom by Law 1 ought, as the Law (hall require, and Coun- fel fhall advife, at Time and Place conve- nient, according to Law, Stile and Cuftom, upon all and lingular which Premiffes the faid y^. S. required me, the Notary Publick hereunder written, to draw for her from thence one or more publick Inftrument or Inftruments, and the VVitneffes fubfcribed to atteft the ftime. This Appeal was interpofed on the Day of in the Year of our Lord in the Office of the faid E. G. in the Parifh of -in the County of • by the faid E. G. the Procurator aforefaid, who then and there appeared, appealed, protefted, prayed Letters dimiffory, and did all Things as in the above-written Ap- peal is contained, there being then and there prefent with me the publick Notaries. Subfcribed ^. B. C. D. literate Perfons, efpecially required and defired to teftify the fame. This I attefl-, E. G. Notary Publick, A B. WitnefTesj-^'j^ NotCj fit tfje €ctMh\ttiai Courtc?> 14 j Note ; If the Grievance of an Appeal be from a Sentence given in the Court below, and condemning the Party in Cofts there- in, ule the Words following, to wit. Did in Fad:, tho' unduly, read and pro- mulge a pretended definitive Sentence in Writing, on the Behalf and in Favour of the faid 7. K. and againft the faid A S. and ftill aclding worfe to bad, and accumu- lating Grievance upon Grievance, con- demned the faid yf, S. in Coils of Suit, payable to the faid J.K. or her Frodor, to the manifeft Injury of Juftice, and to the no fmall Prejudice of her t!ie faid .^. S. ^c. And more efpecially from the faid p'^e- The Pr^-ctcr^^ tended definitive Sentence, and from the tim of tha faid pretended promulj^ing thereof, and the -^PP^^l ^^1 pretended Condemnation of the faid A. S- in Expences. Note i If the Appeal be from rejedling the Admiflion of an Allegation, let the Words of the Grievance in fuch Appeal run thus: That notwinliflanding my afore- faid Client and Party Principal had in due Time and Plnce given in an Allegation in Writing, fufHcienrly concludent in Law, and which by Law ought to have been ad- mitted, and had feveral Times moft ear- neftly prayed and demanded, or required the faid Allegation to be admitted, and that Right and Juflice might be ciffcrhially done and adminiftred in that Behalf,, and offered herfelf ready and willing to m ke Proof thereof inftaiuly and without Del iV, or at leaft as foon as the Law Ihould re- quire her fo to do; and further, that (he was ready and willing to make Oath, that L iha 14^ €lje Cietk'^ 31n(!rttffoi fhe had not propounded the fame with any Defign to protrad or delay the Caufe fur- ther than VI hat was reafonable and necelfary, and that fhe believed fhe could prove the fcime ; yet neverthelefs the Judge aforefaid, ^c. rejeded the faid Allegation, or at leafl delayed to admit the fame, and to do and adniinifler Juflice longer than he ought to have done, to the manifefb Injury of Ju- ftice, and fo forth. The Py?- ^j^jj more efpecially from the Rejecting >/;;;. of the ^^ ^^.^ Allegation, or the not admitting Appeal re- , ^ ° , n i -r^ . . j • cited. the lame, or at lealt the Delaying to admit the fame longer than he ought to have done, and from his denying to do Juflice in that Behalf, and fo forth. J Commijfion of Jppeal a7/d JdjtJ7i'cls. GEorge the Second, by the Grace of God of Gret^t Britain^ France and he- land King, Defender of the Faith ; To our well beloved in Chrift A. B. Greeting: We have lately granted our Commiflion under the Great Seal of Great Britain^ of the Tenor following, (to wit,) George the Second, by the Grace of God o? Great Bri- ain^ France and Ireland King, Defender of the Faith ^ To our well beloved in Chrift Sir K. B. Knt. Sc. (here infert the Names *and laities of the Common Law yudges ap- pointed in the Commijfion') and alfo to the WorfViipful J. B. ^c. (here infert the Names of the Cii'il Laiv Jndges appointed in the CoDimiJfioji) Do6lors of Laws, refpedively : It hadi been made known unto us in our High Court in tlje Ccclcijinfficai Courts?. 147 iCourt of Chancery of Great Britaiji^ by the Appeal and Complaint made and inter- pofed on the Behalf of our loving Subjert J. S. that in a certain Caufe depending in the Court of- before the Wor- fhipful IV. K. the Judge of the faid Court, between R. B. &c. the Parties Promovent on the one Parr, and j. S. the Party a- gainft whom the faid Caufe was promoted, on the other Part ^ he the faid J. S. con- ceiving that he has been, and is aggrieved and injured by certain Grievances, Nulli- ties, Injuftices and Injuries, as well of the faid Judge's pretended Office, as at the In- ftance, Inftigation, Petition, Procuremenc and Soilicitation of the faid R. B. or his Proftor, by the faid Judge, upon him the faid y.S, unduly brought and infiifted, and juftly fearing he may be hereafter further injured and aggrieved thereby, hath from the fame and every of them, and more efpecially from Qbere infert the Praefertim of the Grievance) and from all and every Thing or Things that fhall or may arife or fDllovy therefrom to our High Court of Chancery of Great Britahi., and to us in the faid Court, rightly and duly appealed, and of the Nullity and Injuftice of all and fingular the Premiffes, hath equally and alike prin- cipally affirmed and complained, and hath moreover caufed humble Supplication to be made unto us, that we would, out of our Royal Clemency, vouchfafe to provide him a fuitable Remedy in this Behalf ^ we there- fore being favourably inclined to fuch his Supplication and Requeft, and being willing and defirous that Juftice fliould be fully and L 2. im- 148 €!)e CIerV0 Jnffntgo? jmfJartially adminiftred in the PremifTes, do hereby give Power unto you, on whofe lound Learning, Integrity of Mind, Dex- terity and Sliill in Bufinefs, we very much rely in this Behalf, and do charge and command you, that in all ordinary A6ts to be expedited in the faid Caufe or Bufi- nefs before the giving or pronouncing a definitive Sentence therein exclufively, you all, or at leaft two of you, but that in the pronouncing or giving a definitive Sentence, you all, or at leaft three of you, of whom we will and require, that you the aforefaid Sir R. B. Kilt. ^c. or one of you, fhall be prefent and confenting thereto ; and that you do in this Caufe or Caufes of Appeal and Complaint of Nullity, and in Attempts fince and againft the fame, or from any Perfon or Perfons vvhatfoever, and alfo in the whole principal Caufe or Bufinefs, toge- ther with all its incident Emergents, De- pendants, Matters and Things whatfbever arifing from, depending on, and adjoining to, or connected with the fame, firft con- vening before you in Judgment, the faid R. B. and all others who by Law ought to be fo convened in this Behalf, proceed fummarily and plainly, and without Cla- mour, or the ftrid; Formalities of the Law, . confidering only the Truth of Things, and the mere Equity of the Cafe j and having heard all Things that have been, or fliall be propounded on either Side, that ye do ad- judge and decree what ftiall be juft and equitable in the Premifies, and what ye (hall fo adjudge and decree, that you do, by all due Means and Methods of Law, caufe in t^t €ctUtMiM Couft^* 149 caufe to be firmly and fully obferved in this Behalf 5 in Teftimony whereof we have caufed thefe our Letters to be made Pa- tent. Witnefs ourfelves at IVefiminJler this Day of in the- Year of our Reign. We afterwards, for certain Caufes us thereunto efpeciaily moving, at the Peti- tion of the faid J. S. have, and do by thefe Prefents commilTion and adjoin you the faid j^. B. and fo forth, to the faid Sir R. B. Kt. commanding you that you take the Caufe in the State and Condition that the fame now is, and proceed therein ; and that in all ordinary A6ts to be expedited in the faid Caufe or Bufinefs before the giving or pronouncing a definitive Sentence therein exclufively, you all, or at leaft two of you, but that in the pronouncing or giving a de- finitive Sentence, you all, or at leaft three of you, of whom we will and require that you the aforefaid ^4. B. ^c. or one of you, Ihall be prefent and confenting thereto ^ and that you do in this Caufe or Caufes of Ap- peal and Complaint of Nullity, and in At- tempts fince and againft the fame, or from any Perfon or Perfons whatfoever, and alfo in the whole principal Caufe or Bufinefs, together with all its Incidents, Emergents, Dependants, Matters and Things whatfo- ever arifing from, depending on, and ad- joining or conneded with the fame, pro- ceed fummarily and plainly, and without Clamour, or the ftritf Formalities of the Law, confidering only the Truth of Things, and the mere Equity of the Cafe ; and having heard all Things that have been or iliall be propounded on either Side, that L 3 ye ye do adjudge and decree what fliall be juft and equitable in the Premifles, and what ye fhali fo adjudge and decree, that ye do by all due Means and Methods of Law, caufe to be firmly and fully obferved in this Behalf; in Teftimony whereof we have caufed thefe our Letters to be made Pa- tent. IVitncfs ourfelves at IVefiminfter this Day of in the Year of our Reign. J7T Jdbc/io/i to a// appeal from Tnrt of the Jttdges hiterlocutory decree in not giving Cojls of Suit. TN the Name of God, Amen: Before you ^ the Notary Publick, and credible Wit- neffes here prefent, I A. Z. Notary Pub- lick, and one of the Procurators General of the Arches Court o^ Canterbury^ and as fuch, and under fuch Denomination, do exhibit my Proxy for E. L. and make myfelf a Party for him, and with an Intent to ad- here to the Appeal on the Part and Behalf of /?^. S. Executor of the laft Will and Teftament of ^. L. deceafed, whilft living, ' the pretended Coufin German and next of Kin, and Adminiftratrix of the Goods, Chattels and Credits oi A. JR. deceafed, in- Iterpcfed, do fay, aliedge, and by thefe Prefects in Writing in Law propound, that the Right Worfhipful J. B. in a certain Caufe of bringing in and exhibiting the pretended Letters of Adminiflration of the Goods, Chattels and Credits of the faid A. -o. fit tlje Ccclcftaffical Courts* 151 A. B. deceafed, and revoking the faid Let- ters of Admin^ftration, and exhibiting all Scripts and Muniments, whether in Paper or Parchment, having, or any way bearing the Tenor, Force, Face or Effigies of a Teftament or iaft Will of the faid l3eceafed, and granting a Probate in common Form of the Teftament or Iaft Will in Writing of the faid Deceafed, as alfo of exhibiting an Inventory of the Goods, Chattels and Cre- dits of the fdid Deceafed on Oath , which Caufe came judicially before him, between him the faid B. L. the Party promoting the faid Bufinefs, of the one Part, againft the faid IV. S. the Executor of the Will of the faid 7^. L. the Party againft whom the faid Caufe was promoted, on the other Part, and between which feveral Parties the faid Caufe was litigated and remained un- decided, interpofed his Interlocutory De- cree in the faid Caufe or Bufinefs, by which (among other Things) he pronounced for the Validity of a Schedule Teftamentary of the faid y/. B. deceafed, contained in two Sheets of Paper heretofore, in this Caufe on the Part and Behalf of the faid E. L. exhibited, as containing the Iaft Will and Teftament of the faid Deceafed, and de- creed the Letters of Adminiftration of the Goods, Chattels and Credits of the faid Deceafed, as dying Inteftate heretofore, to wit, in the Month of — : — granted to 2^ L. to be null and void, and the faid Schedule Teftamentary to be proved in the Name of the faid E. L. and decreed a Commifilon to take the Oath of the faid E. L. of the Truth and Validity of the faid Schedule L 4 Tefta-. 152 1:!}C €lt't:^'0 Inftruftoj Teflamentary, and well and truly to ad- iTiinifter the Goods, Chattels and Credits of the faid A. B. deceafed, with the faid Schedule annexed, and truly to perform the fame, notwithftanding I the Frodor afore- faid, at the Time of interpofing fuch Inter- locutory Decree, prayed the faid IV. S. to be condemned in Cofts of Suit, on the Part and Behalf of my Party the faid E. L. in that Cauie made and to be made , yet the faid Judge however proceeding, (faving the Reverence due to him) wholly refufed to condemn, or at leaft did not condemn, the faid IV. S. in the Expences of the Suit aforefaid ; wherefore, and becaufe fince the interpofing the faid Interlocutory Decree, it is (as is pretended) appealed on the Parr and Behalf of the faid IV. S. from fuch in- terpofing the faid Interlocutory Decree, and from all the Confequences thereof, I do protcil that I do accept the faid In- terlocutory Decree interpofed by the Judge aforefaid, from whom it is appealed as aforefaid, in pronouncing for the Vali- dity of the faid Schedule Teftamentary in Manner and Form as aforefud, and fo fir as it makes for the Intereft of my faid Tarty, but not othcrwife, but on the contrary, for fo much as fuch Inter- locutory Decree concerns or makes againft the Intereft of my faid Client, in not con- demning the faid IV. S. in cofts of the faid Suit, on the Behalf of the faid E. L. in the faid Caufe made and to be m.ade, I adhere to the faid Appeal on the Part of the laid IV. 6\ interpofed, and the more efpecially, for that the faid Judge, from whom it is in tlje (Sccleriamcal Courts* 153 1 appealed in the above Caufe, did not con- demn the faid IV. S. in Cofts of Suit, on the Part and Behalf of the faid E. L. as a- forefaid made ; and I do proteft of ufing all Benefit of the faid Adhefion compati- ble and agreeable to Law j and laftly, I do proteft of correcting and reforming this my Adhefion, and of adding thereto, or fubflrading therefrom, and reducing them into a better and more competent Form, as fhall be confonant and agreeable to Law, Style and Cuftom i upon all and fingular which Premiffes the faid yf. Z. required me, the Notary Publick underwritten, to make one or more publick Inftrument or Inftru- ments, and the WitnefTes fubfcribed to at- teft the fame. B.. B. Notary Publick. This Adhefion was interpofed on the- Day of by the faid ^. Z. Notary Publick, the Procurator aforefaid, in his Houfe fituate in which faid Pro6tor exhibited his Proxy, adhered, protefted, and did in all Refpedls, as in the above-written Inftrument is con- tained, there being prefent with me at the fame Time the Notary Publick a- bovementioned, H. G. and J. G. li- terate Perfons, WitnefTes particularly required and defired to atteft the fame. This I atteft, K. B. Notary Publick. J 15^4 'SClje Cfeclt'fg 3innniao^ j4 Certificate certifying the Jrchhifhop of Ireland, with the Exectttio72 of a Comviiffioii from thence^ to [wear a?i 'Executor ill England. TO the moft Reverend Father in God H. by Divine Providence Lord Arch- bifhop of ^c. and alfo to the Judge or Prefident of the Royal Prerogative Court there, his Surrogate, or any other competent Judge in this Behalf: We IV. W. Dodlor of Laws, Surrogate to the Wor- ihipful H. H. alfo Dodor of Laws, • of the Right Reverend Father in God E. by Divine Permiflion Lord Bifhop of ■with all due Reverence to fo mofl Reverend a Father, do make known that D. F. the — — and Executrix named in the laft "Will and Teftament of B. F. late of in the County of deceafed, did appear before us in our Chambers at on the Day of in the Year of our Lord and did prefent unto us the Letters Requi- iltorial and CommiflTorial returned, hereunto annexed, and prayed that we would, in Aid of Jullice, take upon ourfelves the Execution thereof j and we being willing to grant her Requeft, immediately took upon ourfelves the Execution thereof, and did fwear her the faid D. F. as well to the Truth of the Will of the faid Deceafed (a Copy whereof is hereunto annexed) as to her true and faithful Performance there- pf, and to exhibit a true and perfed Inven- tory lit tlje aEcclefiaftical Couttjg. 15^ tory of all and fingular the Goods, Chat- tels and Credits of the faid Deceafed, which fince her Death have come to her Hands, PofTeflion or Knowledge, and alfo to render a true and juft Account of and upon her Adminiftration thereof, when thereto law- fully required , which being done, we did decree your faid Letters of Requeft to be tranfmitted unto you, and in greater Tefti- mony of the PremiflTes, we have caufed this authentick Seal to be put to thefe Prefents, and have fubfcribed our Name thereto. I B. B. Notary Publick, legally appoint- ed by reafon that I was prefent at the Time and Place of fwearing the faid D. K and other the PremiflTes men- tioned in the above Certificate, have thereupon drawn up this publick In- ftrument, which I atteft. B. B. Notary Publick. J Cert if cat e from Ireland tip07i the Ex€cntio?2 of a CommiJJion to fwear an Executor there. TO his Grace the moft Reverend Father in God IV. by Divine Providence Archbifhop of ^c. or to the Mafter, Keeper or Commiffary of the Prerogative Court of lawfully appointed, or to his Surrogate, or fome other competent Judge in this Behalf, A. B. Doilor of Laws, Com- miflfary of his Grace the moft Reverend Father in God H. by Divine Providence Arch- Archbifhop of — —•&€. and Judge or Pre* fident of his Majefty's Court of Preroga- tive in Ireland, for Caufes Ecclefiafticalj and as to Faculties, Greeting : Whereas by Virtue of thefe Prefents we fignify, that on the Day of at his Ma- jefty's Cuftom-houfe in Dublin, appeared perfonally before us P. C. fole Executor named in the laft Will and Teftament of C D. late of the Parifh of ~~ in the County of ■ deceafed, and prefcnted to us your Letters Commilforial or Requi- fitorial to fvvear the faid P. C. as well of the Truth of the faid Will, as of the faith- ful Performance thereof, and to make a true and perfe61: Inventory of all and fingu- lar the Goods, Chattels and Credits of the faid Deceafed, and alfo to render a true and juft Account thereof, and to exhibit the fame into the Regiftry of your faid Pre- rogative Court, and further to do in the Premiffts what (hall be needful; and prayed us, in Aid of the Law, to take upon us the Execution of the faid Letters Commilforial or Requifitorial, at whofe Petition we ac- cepted of the Execution thereof, and af- fumed H. y. Notary Publick, one of the Proftors of the faid Prerogative Court in Ireland, as our Scribe and Aduary in this Behalf; and immediately to the faid P. C. indorfed on the Back of the faid Letters Requifitorial or CommifTorial, which, to- gether with all and fingular the Proceed- ings had thereupon, we herewith tranfmit to you, fo that you may adminifter Juftice in the PremilTes; in Teftimony whereof we have hereunto fet our Hand, and caufed the in tl)z Ccclcfiaffical Courts. 157 the Seal of the Prerogative Court in Ireland to be affixed this Day of in the Year of our Lord God And I //. J. Notary Publick above- mentioned, by legal Authority dueiy admitted, becaufe I was perfonaliy prefent at the Spedding of th^ above- mentioned Letters ComniifTcrial or Requifitorial, and all and finguiar the PremilTes above fet forth, and noted the fame ; therefore I have drawn this pubhck Inftrument, and fubfcribed and iealed the fame with my proper Hand and Seal the Day and Year above- mentioned, in Faith and Teftimony of all and finguiar the Premiffes, being thereto defired and required. H. J. Notary Publick. J^/ Alfig7ime72t of a Legacy^ zvith a Letter of Attor7iey to recewe the fame. W Hereas J. P. late of the Parifh of in the County of — Wi- dow, deceafed, hath, by her laft Will and Teftament in Writing, bearing Date the Day of in the Year of our Lord, given and bequeathed a Legacy to her Kinfman li\ E. in the Words, or to the EfFed following, to wit, \^a') and of her [a] Recite the faid Will hath nominated and appointed Legacy 'ver- J. B. Executor, who hath taken upon him ^^^'^"• the Execution thereof, as in and by the faid Will 158 Clje Clerk'js 3!nf!niSoi Will (Relation being thereunto had) may more fully and at large appear: Now, Know all Men by thefe Prefents, that I the faid IV. E. being now attained to the full Age of twenty-one Years, for feveral good and valuable Confiderations me thereunto moving, and more efpecially for, and in Confideration of the Sum of to me in Hand paid by my Father IV. E. have bar- gained, fold, fecured, affigned, transferred and fet over, and I do hereby bargain, fell, fecure, aflign, transfer, and fet over thei above-mentioned Legacy of together ■with all my Right, Title and Intereft of, in, and to the fame, unto my faid Father IV. E. his Executors, Adminiftrators and Affigns, in as full and ample Manner as I myielf might, or could have and enjoyed the fame, if thefe Prefents had never been had or made ; and I the faid IV. E. do here- by give unto my faid Father IV. E. his Ex- ecutors, Adminiftrators or Affigns, and do appoint him or them to be my lawful At- torney, or Attornies, giving and granting to him or them full Power, Leave, Li- berty and Authority to ask, demand, fue for, recover and receive the faid Legacy of ' and all my Right, Title and Intereft to the fame, to his and their own proper Ufe and Benefit, and to give a proper Dif- charge for the fame: And I do hereby pro- mife to maintain and allow for firm and va- lid all and whatfoever my faid Father IV. E. his Executors, Adminiftrators or Af- figns, or any other Perfon concerned for him or them (hall do, or caufe to be done in the Recovery of the faid Legacy, and of 4 n^7 in tf)e (fficcIcfinftiCiH Couit0* 159 my Right, Title and Intereft in and to the fame. In IVitnefs^ and fo forth. I'he EJfeB of a T)ecree againft one of the next of Kin^ citing the Tarty to appear every General Se[fio72 and Sef- fions^ tmtil Sentence he gioeji for the Validity of a IVill^ Codicils a7id T'e- ftamentary Schedules of the l^eceafed^ on the Behalf of the Crown, To A. B. the natural and lawful Brother of B- B. late of in the Parifli of in the County of deceafed. B Y Virtue of a Decree herewith fhewn unto you under Seal of the ' Court of you are cited to appear before the Right Worfhipful J. C. Dodor of Laws, (^bere ij^fcrt the T'itle or 1'itlcs of the Judge') of the faid Court, his Surro- gate, or fome other competent Judge in this Behalf, in {here fpecify the Place of Appearance') and Place of Judicature there, upon the SelTion of ■ — ~ Term, to wit, on ■ the Day of in the Year of our Lord between the Hours of and in the noon of the fame Day, then and there, and alfo upon every General Seflion and Sefiions to be held there from thence, until a definitive Sentence (hail be read and promulged in this Bufinefs (if you think \t your Intereft fo to do) to fee and hear the true laft Will and Tefta- ment of the faid B, B. deceafed, to be ex- hibited i6o C6c Cfcrli'iJ 3!nffni{?0| hibited and propounded in due Form of Law, by and on the Part and Behalf of C D. E. F. G. H. and J. K. Perfons fpe- cially appointed by Ad of Parliament to ex- hibit and propound the faid laft Will and Teftament, and Codicils or Teftamentary Schedules of the faid B. B. and to proceed thereupon, in order to prove the fame, and to demand and fue for Letters of Admini- ftration of the Goods, Chattels, Rights and Credits of the faid B. B with the faid Will and Codicils, or Teftamentary Sche- dules, or fuch of them as {hall be duely proved thereunto annexed, and to fee an Allegation or Allegations, and other Mat- ters concludent in Law, given and admitted on their Behalf; a Term afTigned to prove the fame, Witnefies produced, received and fvvorn thereupon, and their Sayings and De- pofitions publifhed, and a Term or Term.s affigned to hear Sentence, and to hear a definitive Sentence for the Validity of the faid Will and Codicils, or Teftamentary Schedules, read and promulged therein ac- cording to Law, and all and Angular other judicial A6ts neceffary and by Law required to be done and expedited Ui and about the Fremiffes, and further to do and receive as to Law and Juftice fhall appertain, un- der Pain of the Law, and Contempt there- of, at the Promotion of the faid C. D. E. F. G. H. and J. K. intimating, and it is here- by intimated, unto you the faid A. B. that if you do not appear on the faid Day, Time and Place, and to the Eflfecl: aforefaid, and from thence on every General SefTion and Seflions, until a definitive Sentence fliall be 4 read in tijc €cclcria{!ical Cciirtsr. i6t read and promulged in the faid Bufinefs, or appearing fliew not fufficient Caufe to the contrary, concludent in Law, the Judge aforefaid, his Surrogate, or fome other com- petent-Judge in this Behalf, doth intend and will proceed to the admitting the faid laft Will and Tellament of the faid B. B, deceafed, and the fiid feveral Codicils, or* Teftamentary Schedules thereunto annexedj to be exhibited and propounded in due Form of Law, and to the admitting of an Allegation or Allegations, and other Alatters and Things concludent in Law, and to the afligning a Term or Terms to prove the fame, and to the receiving and fwearing Witnelfes thereon, and to the Publication of their S.iyings or Depofitions, and to the Aflignning the CauCe for Sentence, and to and for expediting all other Ads necelTary to be done, until a definitive Sentence be given in the faid Caufe or Bufinefs, and alfo to the Reading and Promulging of a definitive Sentence for the Force and Va- lidity of the faid Will and Codicils, or Te- flamentary Schedules thereunto annexed^ upon due Proof being firft made thereof; your Abfence, or rather Contumacy, in any wife notvvithftanding. M ^e i62 cije €\m(^ %\\m\m T^he Efft'H of a Decree to appear e'very Ge/fernl Seffio// in the High Co7irt of IJ t legates 10 fee further 'Proceed- i7igs 171 the pri/icipal Caife^ jf7itil a Se7ite;ice he pro7/i/ilged there 177. To JR.. R. Widvow, one of the Executors of the Will of S. K. deceafed, who whilft hving was the Nephew by the Sifter of L. O. late of- in the County of deceafed, and aJfo one of the Party's Appellant in a Caufe of Appeal as to a Grievance brought by him and ^. ^ Spinfter, a Niece by the Sifter of the faid L. O. in the Court of Delegates againft B. B. the Executor of the laft Will and Tefta- ment of the faid L. O. Y Virtue of a Decree herewith fliewn unto you under Seal of the High Court of Delegates, you are cited to appear be- fore the Rigiit Honourable J. Earl of JR.. B. Earl of S. the Reverend Father in Chrift y°. by Divine Permiffion Lord BiHiop of — J. R. Efq^ Lord Chief Baron of his Ma- jefty's Court of Exchequer, J. C. Knt. alio one of the Barons of the faid Court, the Worfhipful E. K. E. J. and //-: B. Doctors of Laws, Judges Delegates, among others,- or before their Condeleg.ites in (Jjcre ■parti- cularly dc fori he the Place of Appearance^ and Place of Judicature there, upon the — Day of in the Year of our Lord between in tlje c^ccIcfiafFical €oiim. 1^3 between the Hours of and in the noon of the fame Day, and on all other General Seflions or Court-Days fol- lowing, to be held in the faid Court, to fee further Proceedings in the princioal Ciufe of the fiid Caufc of Appeal now depending in the iaid Court, if you fnall think it your In- tereft ib to do, and to abide in Judgment until a definitive Sentence or final Decree ihall be given in the faid principal Caufe, and further to do and receive as to Law and Juflice lliall appertain, under Pain of the Law, and Contempt thereof. The Ffft'u of a Mo7iitio7i to pay Cjfis of an Jppcal iu the Court of Dele- gates* To Mrs. A R. Y Virtue of a Monition herewith (hewn unto you under Seal of the High Court of Delegates, you are monilhed to pay, or caufe to be paid, unro C D. Widow, the natural and lawful Sifter, and alfo fole Lxecutrix named in the laff Will and Tefta- ment of D. D. dcceafed, or to her Prodlor for her Ufe, the Suni of of lawful Money of Great Britnin^ being the Sum taxed by (^bcre infcrt the Names of the Judges') judges Delegates, among others, named in a certain Caui'e of Appeal de-; fending in the faid Court, between you the faid A. R. the Party Appellant, of the one Part, and the faid C D. Widow, the Party Appellate, of the other Part, as alfo M 2 the i54 'Eljc €\tt]^'0 Jnffruffo? the Sum of i /. $ s. lo d. of like lawful Money, for the Charges of the Monition wheretvith you are now ferved, amounting in the whole to the Sum of -within Days after you are ferved herewith, under Pain of Sentence of Excommunication already pronounced againft you, and which will be denounced in the Church in Cafe you do not pay the fame within the Time aforefaid. A Mo7iiiio7i to pay Cofis of an Appcah JB. Dodor of Laws, (Jjere infert the e 'ititle of ibe "Jndge^ of the Court of • lawfully appointed ; To all and fmgular Red:ors, Vicars, Chaplains, Cu- rates, Clerks, Miniftcrs and Iterate Per- fons whomCoever aiid wherefoever in and throughout the whole of Greet- ing: Foraimuch as we rightly and duely proceeding in a certain Caufe of Appeal and Complaint:, lately depending before us be- tween S. B. of the Pari Hi of in the County o\ -and Diocele of the Party Appellant and Complainant, of the one Part, and J. P. of the Parifli of in the County and Diocefe aforefaid, the Party Appellate and complained of, on the other Part, have interpofed a certain Inter- locutory Decree on the Part and Behalf of the fa id S. B. by which luterlocntory Decree (amongft other Things) we have condemned the faid J. P. in Cofts of Suit, made or to be made in the laid Caufe, on the Part and Behalf of the faid S. B. and to be paid to the HI tl)Z ^cclctWiflicai Courted* le^ the faid S. B. or to his Procior for his Ufe, and have taxed the faid Cofts at the Sum of C^O of good and lawlul Money of («) Infert the Great Bntaiu, befides the Sum of ii.s. lod. ^^^'.f "?" ^"^ for the Colts ot this Monition, amoimting; j-^^ j^g^g ^^^ in the whole to the Sum of (/;) Jike law- the Bill of ful Money; and we have, at the Petition ^'olb and of the Proctor of the faid S.B. decreed the Fees of the r 1 'T-j n f T J » r Monition to- laid /. P. to be moniined to pay, or caule p^^j^gj. to be paid, the faid Cofts to the faid S. B. or to his Proctor for his Ufe, within the Time under-written, and in the Manner and Form herein after mentioned, ( Juftice fo requiring ;) We do therefore authorize and flridly injoin and command ye the faid Redors, Vicars, Chaplains, Curates, Clerks, Minifters and literate Perfons, joint- ly and feverally, that ye do and Ihal) mo- nifh, or caufe to be peremptorily monifhed, the faid J. P. which faid f, P. we do aifo by Virtue of thefe Prefents monifli to pay, or caufe to be paid, to the faid S. B. or to his Prodor for his Ufe, the faid Sum of (i) of good and lawful Money of Great (c) Include Britain^ w:th,n (^) Days after the due ^'o''" ^^ Suit Execution of this Monition upon him the '"'^ ^^^""'t'on ^ *■ T CCS in one faid y. P. under Pain of the greater Sen- '/'otal. tence of Excommunication, which Sentence {d) Specify of Excommunication againft the fjid J. P. y^^ fi'^ed not paying the faid Sum of (d?) within the '1 J^f^e of Pa/^ Time aforefaid (this our Monition lawfully ,„^ Mention preceding;, and his Contumacy following) the Total y. IV. Mafter of Arts, Clerk, Presbyter, in Sum.as before. this Behalf lawfully authorized, hath read, publifhed and declared in Writing, (Jufticd fo requiring ;) We do therefore authorize, impower and ftriflly injoin all and fingular IM 3 you 166 CIjc cricik^c? Jn{!ruao2 you the Reclors, Vicars, Chaplains, Curates, Clerks, Minifters and literate Perlbns a- forefaid, jointly and feverally, that ye do (the Time of the ("aid Payment being elap- led, and the faid lafl mentioned Sum not being paid, this our Monition being duely executed on the faid y. P. and his Con- tumacy following) in fome or one of your Parifn Churches, the Sunday or Feftival Day next immediately following the Receipt of thefe Prefents, during the Time of Divine Service, while the greater Part of the Con- gregation are prefent to hear Divine Ser- vice, openly and publickly denounce and declare the faid y. P. to be excommuni- cate, under Pain of the Law, and Con- ttmpt thereof i and what ye ihall do, or caufe to be done in the PremifTes, ye ihall duely certify us, our Surrogate, or fome other competent Judge in this Behalf, to- gether with thefe Prefents. Dated at the — Day of in the Year of our Lord according to the Style or Computation of the Church of England. ^he Tffc'ci of a Mointion to fay Cofis of ail Jppeal To Mr. J. P. Y Virtue of a Monition hf re with ilievvn 3 unto you under Seal of the Court of you are monifhed to pay, or caufe to be paid, to S. B. or to his Proclor for his Ufe, the Sum of of good and lawful Money of Greap Britain^ befid'"" in tije ecclrfiafiical Courts* 157 befides the Sum of 14^. 10^. of like law- ful Money, for the Coffs of this Monition, amounting in the Whole to the Sum of ■ ■ within ' Days after you are ferved herewith, being the Cofts of Suit taxed by the Right VVorfhipful J. B. Dodor of Laws, (^bere infert the I'itle of the Judge') of the faid Court, in a certain Caufe of Ap- peal lately depending before him in Judgment, between the faid S. B. the Party Appellant and Complainant, of the one Part, and you the faid J. P. the Party Appellate and com- plained of, on the other Part, under Pain of Sentence of Excommunication already pronounced againft you, and which will be denounced againft you in the — Church, in Cafe you do not pay the fame within the Time aforefaid. J Lihel in a Caiffe of Le^/^cj, A. againft B. IN the Name of God, Amen : Before you the Right W^orlhipful //. //. Dodor of Laws, Qbere infert the ^itle of' the Judge') of the Right Reverend Father in God £. by Divine Permiflion Lord Bilhop of lawfully conftituted your Surrogate, or fome other competent Judge in this Behalf, the Prodor of A. A. a Legatary named in the laft Will and Teftament of E, F. late of —in the County of- • Spinfter, deceafed, againft B. B. fole Executrix na- med in the faid Will of the faid Deceafed, and againft any other Perfon or Perlbns M 4 what- i68 €:()C Clci1^'0 JnffructD? \A;hatfoever, lawfully inrervening or appear- ing in Judgment lor her by way of Com- pla'nt, and hereby complaining unto you in this Behalf, doth fay, aiiedge, and in Law propound articulately as follows, (that is to fay.) T. That the faid E. F. the Teftatrix a- forelaid, vvhilft file lived, being of found and perfed: Mind and Memory, made her laft Will and Teiiament in Writing, bear- ing Date the Day of in the Year of our Lord and therein and thereof nominated, conftituted and appointed the aforefaid B. B. fole Executrix, and gave, willed, bequeathed and difpofed of her E- ftate, as in the faid W^ill is contained, and afterwards departed this Life j and the Party Proponeiu doth allcdge and propound every I'hing in this Article contained joint- ly and feverally. 2. That after the Death of the faid E.F. the Ttflatrix, to wit, the • Day of — -^ in the Year of our Lord her faid Will was exhibited before the Official Principal pf, in and throughout the whole ■ of * or his Surrogate, and by the faid Official Principal, or his Surrogate, duely proved, approved and regiftred, and Admi- yiiftration of all and fmgular the Goods, Chittels and Credits of the faid Deceafed, and whatfoever relating to the faid Will >vas granted to the faid B. B. the faid Exe- cutrix therein named, llie being firft fworn hi due Form of Law, as by the Ach of the faid Court (Reference being thereunto had) will appear i aud the faid B, E. took upon her in tijc Ccclcnaffical Courts* 169 her the Execution of the faid Will, and by Virtue thereof intermeddled with and pof- feifed herfelf of the Goods, Chattels and Credits of the faid Deceafed, and hath ad- niiniftred, and at prcfent doth adminifter the fame; and this was and is true, publick and notorious ; and the Party Proponent , doth propound and alledge as above. 3. That the faid E. F. the Teftatrix a- forefaid (among other Things by her givtn and bequeathed in and by her faid lafi: Will and Teftamcnt) did will, bequeath and difpofe of a certain Legacy to the aforefaid yi. vi/. in the Words following, or in Words to the fame EfFedl, Qbere wfert the Legacy verbatim) when he fiiall arrive at the Age of Twenty-one Years, as by the faid Will of the faid F.. F. deceafed (to which the Party Proponent doth refer) may appear j and the Party Proponent doth propound and aliedge as above. 4. That the aforefaid .^. A. is upwards of Twenty-three Years of Age, and was and is the fame Perfon to vyhom the faid Teftatrix gave and bequeathed the faid Legacy as aforefaid, and for and as fuch he is commonly accounted, reputed and taken to bcj and the Party Proponent doth pro- pound and aliedge as above. 5. That the faid B. B. the Teftatrix a- forefaid, altho' often, ©r at leaft once, asked and required to pay, or caule to be paid, really and with Lffe<5l, to the faid A. A. the faid Legacy, fo as aforefaid left and bequeathed to liim, hath refufed, and at prefent doth refufe, or at leaft hath un- juftly delayed, and at prefent doth delay, tQ to pay the fame , and the Party Proponent doth alledge and propound as above. 6. That the faid B. B. the Executrix a- forefaid, was and is of the Parifh of in the County of and Diocefe of and therefore fubjecl to the Jurifdiclion of this Court i and the Party Proponent doth propound and alledge as above. % 7. That of and concerning the Premifles it hath been, and is on the Behalf of the faid A. A. rightly and lawfully complained to you the Oificial P:inc;pal aforefaid, and to this Cou t, 8. That all and r:n5;u)ar the Premifles were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, whereupon legal Proof being firfl; made, the Party Propo- nent prays Right and Juftice to be done and adminiftred to him and his Party, and the faid B. B. to be condemned in the faid Legacy and Coib of Suit, humbly praying a Sentence or final Decree to be given in this Caufe, and Jullice to be done to him and his Party thereby, and further to be done and decreed as to Taw and Juftice fnall appertain, not obliging himfelf to prove all and fingular the Premifles, nor taking upon him the Burden of a fuperfluous Proof, againfl: which he proteft:s ; but ho- ping that for as much as he fliall prove of the Premifles, he fo far may obtain of his Petition, humbly imploring the Aid of your Office, the Benefit of the Law being al- ways fived to him, A \\\ tfje Ccclcfiadicai Courts?. 171 J Libel of appeal in the Court of 7)ekgates\ jipou Re]iUiiig the Ad- viifjlon of cm Allegation in cm in- ferior Courts in a pretended 'Tejia- military Cctiije, N the Name of God, Amen ; Before _ you Sir E. P. Knt. one of the Juftices of his Majefty's Court of King's Bench, Sir y. C. Km. one of the Barons of his Ma- jefty's Court of Exchequer, Sir J. F. A. Knt. one of the Juftices of his Majefty's Court of Common Pleas, G. P. H. H. C. P. E. J. and //'. B. refpectively, Doctors of Laws, judges Delegates, commifTioned by his Ma- jefty in the Caufe hereafter defcribcd, and between the Parties under-mentioned, the Proctor of 7. B. the natural and lawful Son of 2^. B. late of in the County of deceafed, againft J! B. the natural and law- ful Son, and alfo pretended Executor na- med in the pretended laft Will and Tefta- ment of the faid Deceafed, and againft any other Perfon and Perfons lawfully interve- ning or appearing in Judgment for him, before you by way of Appeal and Com- plaint ^ and thereby complaining unto you in this Behalf, doth fay, alledge, and in Law propound articulately as follows, that is to fay, I. That a certain pretended Caufe or Bufinefs of proving by Witneffes the pre- tended laft Will and Teftament of ^. B. late 172 '^Ijc Cirr!v0 Jn(!niafo| late of in the County of deceafed, did lately depend before the Right Wor- iVipful J. B. Dodor of Laws, {here wfert -the 1'itle of the fudge frurn 'whom the Cdufc is appealed) of the Court of • law- fully conftituted between the faid ^. B, the natural and lawful Son, and pretended Executor named in the faid pretended Will, the Party promoting the faid Caufe or Bufi- nefs of the one Part, and the faid J. B. the Party againft whom the faid Caufe or Bufmefs was promoted, on the other Part j and the Party Proponent doth alledge and propound all and every Thing in this Ar- ticle contained jointly and feverally. 2, That the faid Right W'orfhipful J. B. Dodor of Laws, the pretended Judge a- forefaid, unduly and unjullly proceeding in the fiiid Caufe, (faving the Reverence due to him) and favouring the Party of the faid y. B. more than of Right he ought againft the Taid J. B. ading in all Things nully and unjuilly, as well by Virtue of his pre- tended Office, as at the unjuft Sollicit ition. Procurement and Inftigacion of the faid The Prefer- J". B. ov h'ls Prodor, Did in Fatl^ thd* tin- thn of the daly^ reje^i or refufe to admit an Allegation ' ^^'^^ ■ in Ifritiug^ given in the [aid Caufe or Bnfi- nefs, and prayed to be admitted on the Behalf ot the faid J. B. to the manifeft Injury of Juftice, and to the gr^^at Prejudice and Grievance of him the faid J. B. and the Party Proponent doth alledge and propound as before. 3. That the Prodor of the faid J. B. looking upon and believing him to be very i;)uch injured and aggrieved by ^11 and An- gular in tijc ecclcfiafffcal Courts. 173 gular the Nullities, Iniquities, Injuftlces, Grievances and Errors of Proceedings afore- mentioned, and juftly feai^ing that his faid Party may be further injured and aggrieved thereby, hath rightly and duely appealed from them, and every of them, and Efpe- The Prefer- cially from reje6iing or not admitting an Al- '^"' ^^ ^^^ legation in IVriting^ gi'uen and prayed to he ^^PP^^'- admitted on the Behalf of the faid J. B. and from all and every Thing fiom thence en- fuing, and all and fingular other Grievances to be colle6i:ed from the A els and Fads of the faid pretended Judge, to the moft Se- rene Prince by the Grace of God of Great Britain^ France and Ireland King, De- fender of the Faith, and to his High Court of Chancery of Great Britain^ and to him in the fame Court ; and hath equally and alike principally complained of all and fin- gular the Nullities, Iniquities, Injuftices, Grievances and Errors in Proceeding afore- mentioned ; and the Party Proponent doth alledge and propound as before. 4. That the faid Serene Majefty, at the Petition of the faid J. B. hath granted his Letters Patent, under the Great Seal of Great Britain^ to you the Judges Delegates aforefaid, for the Hearing and Determining the Merits of the aforefaid Caufe, with all Incidents, Dependants and Things adjoined and conneded thereto whatfoever, with a Claufe, that in all ordinary A61s to be ex- pedited in this Caufe or Bufmefs, until the giving a definitive Sentence ey;clufive, all, or at lead two of you, but that in the giving of Sentence all, or at lead three of you, of whom you the faid Sir E. P. Knt Sir Sir J. a Knt. and Sir J. R A. Knt. or one of you, fhall be prefent and confenting thereto, as by the faid Letters Patent doth more fully appear; and the Party Propo- nent doth alJedge and propound as be- fore. 5. That you the Judges Delegates, com- miflioned by his Majefty, or two of you, have taken upon you the Execution of the faid Letters Patent and Commillion, and have decreed to proceed according to the Effedt and Tenor thereof; and the Party Proponent doth alledge and propound as before. 6. That the faid "J. B. was and is a Sub- ject of the Kingdom of Great Britain^ and by Means thereof, and Reafon of the Ap- peal and Complaint made and interpofcd on the Behalf of the faid J. B. in this Be- half, is fubjecf to the Jurifdiction of this Court; and the Party i roponent doth al- ledge and propound as before, 7. That all and fingular the PremiiTes before-mentioned were and are true, pub- lick and notorious ; and thereof there w.is and is a publick Voice, Fame and Report, and of which legal Proofs being made, the Party Proponent prays Right and Juftice to be effeclually adminiftred to him and his Party in the Premiffes, and that the Appeal and Complaint made and interpofed on the Behalf of the faid 'J. B. be pronounced for and decreed juft and lawful ; and for true, juft and lawful Caufes made and interpofed, and for your Jurifdiclion, or rather his Sacred Majefty 's, and alfo that the faid Judge fron\ whom the faid Caufe is ap- I pealed. frt m Ccclcfiafiical Cotirtc?. 17 j pealed, hath proceeded wrongfully, nully and unjuftly, and that you v-'ill reverfe the Order or Decree made by the faid Judge from which this Caufe is appealed, and de- clare the fame null and void j and the faid 5l B. to be condemned in the Cofts of this Appeal made, and to be made, on the Part and Behalf of the faid "J. B. and to be com- pelled to the due Payment thereof by you, or your definitive Sentence or final Decree, humbly imploring the Aid of your Office in this Behalf J Se?itefice pro?20tmcing for cm Jppeah N the Name of God, Amen : We (here infert the Names of the Judges Cotjdelc- gates') Judges Delegates, among others, law- fully appointed by Virtue of Letters Patent and Commiflional, under the Great Seal of Great Britain^ to hear and determine the Merits of a certain Caufe of Appeal and Complaint of Nullity now depending un- decided before us in Judgment, between J. B. the natural and lawful Son of fT. B. late of— — in the County of deceafed-, the Party Appellant and Complainant, of the one Part, and ^t B. the natural and lawful Son alfo, and pretended Executor named in the pretended laft Will and Te- ftament of the faid Deceafed, the Party Ap- pellate and complained of, on the other Part i and we rightly and dueiy proceeding therein, and the faid Parties lawfully ap- pearing before us in Judgment by their Prodors refpedively, and the Pro(^or of the the faid J. B. praying Sentence to be given^ and Juftice to be done to his Party, the Pro6tor of the faid 1'. B. alfo earneftly praying — to be done to his Party, and having carefully and diligently fearched into and confidcred of all the whole Pro- ceedings had and done before us in this Caufe, and having obferved therefrom what by Law ought to be obferved in this Be- half, have thought (it thus to proceed, and do proceed to the giving of our definitive Sentence or final Decree in this Caufe, ill Manner and Form following : Forafmuch as by the A(51s enaded, deduced, exhibited, alledged, pleaded, propounded, proved and confelFed, we have found, and it doth evi- dently appear unto us, that the Prodor of the faid J. B. hath fufficiently founded and proved his Intention, deduced in a certain Libel of Appeal, and other Exhibits given in, exhibited and admitted m this Caufe, and now remaining in the Regiftry of this Court (which Libel of Appeal, and other Exhibits, we take, and will have taken, as if here read and inferted) for us to pro- nounce as herein after is pronounced ; and that nothing at lead effectual hath been ex- cepted, deduced, exhibited, alledged, plead- ed, propounded, proved or confelFed on the Part and Behalf of the faid 7". B. that may or Ccin any ways Defeat, Prejudice or In- validate the Intention of the faid y. B. Therffore we the Judges Delegates afore- fiid, firft calling upon the Name of Chrift, and having God alone before our Eyes, and having heard Coiuifel thereupon, do pronounce, decree and declare for rhe Ap- I peai fa tijc Cccferinfffcai Courts. 277 peal on the Part and Behalf of the faid J. B. made and interpofed to our Sovereign by the Gr.ice of God of Great Bri- taiiiy France and Ireland King, Defender of the Faith, and fo forth, and to his High Court of Chancery of Great Britain-^ and we do alfo pronounce, decree and declare the faid Appeal to be juft and lawful, and for juft and lawful Caufes made and inter- pofed, and for our Jurifdidion, or rather the Jurifdiction of our Sovereign Lord the King, and that the Judge from whom this Caufe is appealed hath proceeded wrong- fully, nuily and unjuftly, and we do hereby therefore revoke all the Grievances, Nulli- ties and Injuftices brought and infli61ed by the faid Judge upon the faid "J. B. and do reverfe and declare for null and void all the Orders and Decrees made by him in the faid Caufe, efpecially thofe Orders and De- crees from which this Caufe of Appeal and Complaint is brought ; and we do declare^ that the Allegation offered in the firft In- fbance of this Caufe on the Part and Be- half of the faid j^. B. and which was re- je61:ed by the Judge from whom this Caufe is appealed, ought by Law to be admitted, and we do admit the fame accordingly ; and we do hereby further pronounce, de- cree and declare, that the faid T. B. ought by Law to be condemned in the lawful Cofts made or to be made in th.is Caufe of Appeal, on the Part and Behalf of the faid J. B. to be paid to him or his Pro(5tor, and accordindv we do condemn him in fuch Cofts, which we tax and moderate to the ^ jig^e inf tr" Sum of* of lawful Money of Great Bri" ^[^g Taxation N ' taP2 i ofCoftsofSuif. taiir ; and decree that the faid 1". B. b© monifhed, under Pain of the greater Ex- communication, to pay, or caiife to be really and truly paid, to the faid J. B. or his Proctor, the faid Sum within Days after the Plxecution of a Monition upon him the faid 'f. B. for that Purpofe, which Sentence of Excommunication againft the faid I'. B. not payins; the Sum before taxed in the Manner and Form aforefaid, and in fuch Monition to be mentioned, (fuch law- ful Monition preceding, and he perfevering in hrs^ Contumacy) we the Judges Dele- gates aforefaid^, as well from then as now, as from now as then, do give and promulge by thefe Prelents ; and in fuch Cafe we da decree the faid T. B. to be openly and pub- lickly denounced and declared excommuni- cated in the Face of the Church, by this owr definitive Sentence or final Decree, which \^e do read and promulge by thefe Writings. J Vroxy praying to he ^Jjlgfied Gucir- diem ex officio, aiid the Acceptation of the faid G/tardianjJnp:, in order to appear to a 'Decree^ and fee a Will propounded, T"rTHereas P. O. and E. O. the natural W and lawful Children of R. O. late of the Parifh of in the County of- — deceafed, have been lately cited with a De- cree under Seal of the — — Court of 2 to Ill tfjc Ccclcfinffical Cotdtj?. 179 to appear lawfully before the Right Wor- fhipful J. B. DoAor of Laws, (here infevt the titles oftbejudge^ of the faid Court,Jhis Surrogate, or fome other competent Judge in this Behalf, to bring in and leave in the Regiftry of the faid Court a certain pre- tended Will of the faid Deceafed, bearing Date on or about the Day of ~- in the Year of our Lord « together with all Scripts, Scrolls, Papers, Writings or In- ftruments whatfoever purporting a Will, Codicil or Teftamentary Difpofition of the faid Deceafed, and to fee the faid Will, bearing Date the faid Day of • in the Year of our Lord propounded and proved by Witneffes, and alfo to exhi* bit upon Oath a true and perfe6i Inventory of all and fingular the Goods, Chattels and Credits of the faid Deceafed, which fince his Death have come to their Hands, Pof- feflion or Knowledge; and whereas the faid P. 0. and E. O: are Infants refpedively under the Age of feven Years, and there- fore incapable of ftanding in Judgment, and appearing in their own Names, or of choo- fing any Perfon or Perfons to appear and a6t for them in this Behalf. Know all Men therefore by thefe Pre- sents, That we E. O. Widow, the Relidl of the faid Deceafed, and Z. S. the Execu- tors named in the faid Will, are willing and defirous to be affigned Guardians to the faid Infants, in order to appear for them to the faid Decree^ and fee the faid W^ll of the faid Deceafed, bearing Date the faid Day of in the Year of our Lord propounded and proved by Witneffes, N 2 and i8o €6e €UtV0 jmmm and likewife to expedite all other Matters and Things necelTary and required by them to be done, in Confequence of the faid Decree fo iffjcd out againft them as aforefaid, and accordingly we, and each of us, do hereby accept of the Guardianfhip of the faid In- fants, to the Eife6l and Purpofe as before- mentioned, and to the End that this our Proxy of Acceptation of the faid Guardian- fhip may have its due E^e&y we, and each of us, do hereby nominate and appoint E. B. C. A. R. fV. and J. L. Procurators General of the Arches Court of Canterbury^ jointly or feverally, to be our lawful Proc- tors for us, and in our Names and Stead to appear before the Right Worfhipful J. B. Dodor of Laws, (Joere wfert the ^itle of the Jtidge) of the faid ■ Court of his Surrogate, or fome other competent Judge in this Behalf, to exhibit this our Proxy of Acceptation of the faid Guardianfhip, and to pray that we may, by Virtue of the Office of the Judge, be afiigned Curators or Guardians to the (aid Infants, in order to appear to the faid Decree, and to fee the faid Will propounded and proved by Wit- ncffes, and to do and expedite aJl other Ads and Things neceffary to be done and expedited by them the faid Infants, in Confequence of the faid Decree fo ifTued our againft them as aforefaid; and we do hereby promife to allow for firm and valid all and whatfoever our faid Prodlors, or either of them, fhall jointly or feverally do, or caufe to be done for us, and in our Names, in and touching the PremilTes. In IVitnefs whereof we have hereunto refpec- tively Ui tljt (BccleMfiial €oum. i8i tively fet our Hands and Seals the — Day of—**— in the Year of our Lord ■ Z. S. Signed and lealed by the faid A. O. and Z. S. being firft duely ftamp'd in the Prefence of us R. M. C. D. J Troxy from the faid Curators or Qnmdians ex officio, appoijiti/ig a TroBor to appear for the aforejaid Tarpofe. WHereas ^. O. Widow, the Relia-, and Z. S. the Executors named in the pretended laft Will and Teftament of R. O. late of the Parifh of — in the County of deceafed, bearing Date on or about the Day of and alfo P. O. and E. O. the natural and lawful Children of the faid Deceafed, have been cited with a Decree under the Seal of the Court of to appear before the Right Worfhipful J. B. Doilor of Laws, (^here ijifert the 'T'tile of the Judf^e') of the ♦ Court of aforefaid, his Surro- gate, or fome other competent Judge in this Behalf, to bring in and leave in the Regiftry of the faid Court the faid Will of the faid Deceafed, bearing Date the faid I«J 3 — D^y i82 C6c €Icck'£f 3!uf!niao| ■ Day of in the Year of our Lord together with all Scripts, Scrolls, Papers, Writings and Inftruments whatfo- ever purporting to be a Codicil or Tefta- mentary Difpofition of the faid Deceafed, and to fee the faid Will propounded and proved by Witneffes, and alfo to exhibit upon Oath a true and perfe6l Inventory of all and fingular the Goods, Chattels and Credits of the faid Deceafed, which fince his Death have come to their Hands, Pof- feflion or Knowledge. Know all Men therefore by thefe Pre* fents. That we the faid A. O. Widow, and Z. S. the Executors aforefaid on our own Part and Behalf, and alfo as Guardians to the faid P. 0. and E. 0. who are Infants under the Age of feven Years, do conftitute and appoint E. B. C. A. R. W, and J. L. Pro- curators General of the Arches Court of Canterbury, jointly or feverally, to be our lawful Prodors for us, and in our Names, as Executors of the faid Will, and alfo as Guardians to the faid Infants, to appear before the Right Worfhipful J. B. Dodor of Laws, Qhere infert the I'itle of the Jttdge^ of the faid — ■ — ■ Court of — -— his Surro- gate, or fome other competent Judge in this Behalf, to the faid Decree, and to fee the faid VVill propounded and proved by Witneffes in due Form of Law, and like- wife to do, or caufe to be done, all other Ads and Things neceflary to be done and expedited, as well upon our own Behalf, as upon the Part and Behalf of the faid In- fants, in Confequence of the faid Decree jflued out as aforefaid, in as full and ample Manner in U)t ecclcfinfficat Coirrt^. i^s Manner as if we ourfelves were perfonally prefenti and we, and each of us, do here- by promife to allow for firm and valid, ^c, at ante. J Troxy upm ekoiif^g a Quardiai?^ ill order to oblige the Exec7itors of a in II to prove the fame by JVitiieffes. W Hereas G. F. late of the Parifh of — in the County of ~- Widow, deceafed, made her laffc Will and Teftament in Writing, bearing Date .the ■ ' Day of an Signed, ^c. D. 7! 4 Jf3 in tlje (Scclefiaffical Coutt0. ipj J// E'xe?^jpliJication of the Probate of a WilL TO all and fingular the Faithful in thrift, to whom thefe our prefent Letters Teftimonial fliall come, or whom the Matters herein written do or may here- after in any wife concern, IV. by Divine Providence Archbifhop of Canterbury^ Pri- mate of all Ej?gland and Metropolitan, fend Greeting, in our Lord God Everlafting, and will that undoubted Faith be given to thefe Prefents, and do make known, and will that it be hereby made known to you, that on fearching the Regiftry of our Pre- rogative Court o^ Canterbury in the Archives thereof, there well and faithfully preferved and kept, we have difcovered and plainly found (amongft other Things) in our faid Regiftry, that on the Day of- — in the Year of our Lord at London, before the Worfhipful K. B. Do6tor of Laws, Surrogate to the Right Worfhipful J. B. alfo Doctor of Laws, ^c. the laft Will and Teftament of 0. P. lace of -^ in the County of deceafed, was proved, approved and regift:red, and Adminiftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed, and any way concerning his Will, was granted to R. S. Executor named in the faid Will, he being firft fworn well and faithfully to adminifter the fame, and to make a true and perfect; Inventory of all and fingular the faid Goods, Chattels and Credits, and to exhibit the O fame iP4 t:fje C!et!i'0 Sinftiaiao? fame into the Regiftry of our Prerogative Court of Canterbury^ on or before the laft Day of next enfuing, and alfo to ren- der a juft and true Account thereof^ the true Tenor of which faid Will follows in thefe Words, and is fuch, to wit, (^here re- cite the whole IVill verbatim) in Faith and Teftimony of all and fingular which Pre- milTes we have caufed thefe our Letters TeftiiDonial to iffue forth, and to be cor- roborated and confirmed, by affixing there- to the Seal of our faid Prerogative Court oi Canterbury^ which we ufe in this Behalf. Given at London^ as to the Time of the aforefaid Search, and the Sealing of thefe Prefents, the< Day of in the Year of our Lord and in the Year of our Tranflation. A in tl)t Ccffcfianica! Courtis?. 19^ J Gtneral Releafe for a Legacy, Whereas R. P. late of in the County of— Gentleman, deceafed, made his laft Will and Teftament in Writing, bearing Date the Day jof , ^Y](\ thereof did nominate, conftitute and appoint his ■ B. D. fole Executrix, and in and by his faid Will did give and bequeath to his Nephew F. P. a Legacy in the Words Following, (to wit,) Imprimis^ I give and bequeath to my Nephew P.P. the Sum of as by the laid Will (Re- lation being thereunto had) it doth and may appear. KNOW all Men therefore by thefe Prefents, That I the faid F. P. do acknowledge to have had and received of the faid B. D. the full Sum of > of lawful Money of Great Britah?, in full Dif- charge of the faid Legacy , and I do here- by for my felf, my' Heirs, Executors and Adminiftrators^ and every of them, dif-* charge, releafe and acqiiit the faid B. D. his Heirs, Executors and Adminiftrators of and from the faid Legacy, and of and from all my Pv-ight, Title and Intereft, Claim, Pro- perty and Demand whatfoever, into or upon the Real and Perfonal Eftates of the faid R. P. and every Part thereof, and of and from all Manner of Actions, Suits, Bonds, Bills, Debts, Accounts, Reckon- ings, Judgments, Executions, TrefpaflTes, O 2 Con- iP6 '^l)z €\tt\\^ Jnmmoi Coturoverfies, Damages and Demands what- ioever both in Law and Equity, wiiich a- painft the ia'd B. D. I ever had or may have, or which my Heirs, Executors or AdnVtnifirators hereafter fliall or may have, challenge, cUim and demand, for any Matter, Caufe or Thing whatfoever from the Beginning of the World unto the Day of the Dare of thefe Prefents. In IVttnefs whereof I have hereunto fet my Hand and Seal, k^c. EP, Signed, ^c. A Ttoxy appointing a TroUor to ad- mit and confefs the Jrticles of a?2 JllegatioUj and Exhibits therein pleaded, WHereas there is a Caufe or Bufinefs now depending before the Right Worfhipful Sir H. P. Knt. Doftor of Laws, Official Principal to the of - ■ between B. G. and E. G. the natural and lawful Nieces by the Sifter of E. B. late of in the County of — — • deceafed, and F. M. the pretended Executor named in the pretended laft Will and Teftament of the iaid Deceafed, concerning the Validity of the faid pretended Will, in which Caufe or Bufinefs the Allegation hereunto annexed, bearing Date upon the Seffion of Term, to wit, upon the Day of was given and admitted on the Part and J^ehaJ^ of'hQ faid F, M, Now in tfte €cc!efui(!ical Courts?. 197 Now know all Men by thefe Prefents, That we the faid B. G. and E. G. do here- by admit and confefs the and Articles of the faid Allegation, and the feveral Letters therein exhibited, mark- ed A. B. C. and numbered i, 2, 3. to be true, in the fame Manner and Form as the faid Articles are pleaded ; and we do alfo admit and confefs that the faid R M. is called Coufin F. M. in the Will propounded in this Caufe, by and on the Behalf of the faid F. M. and that J. B. our Father, was a in — 's Company at and there died ; and in order that this our Ad- mifRon and Confeffion may have their due BfFedt, we do hereby (without revoking our original Proxy given by us to E. S. our Pro6tor in the faid Caufe) authorize and impower the faid E. S. to appear before the faid Sir H. P. Dot\or of Laws, his Surro- gate, or any other competent Judge in this Behalf, and for us, and in our Names, to admit and confefs the faid Articles of the faid Allegation, and the faid feveral Letters marked and numbered as aforefaid, to be true in the fame Manner and Form as the faid Articles are pleaded, and alfo to admit and confefs that the faid F. M. is (:alled Coufin F. M. in the faid propounded Will, and that our Father y. B. a Legatee named in the faid Will, was in 'r. Company at and died there ; and we do hereby promife to allow for firm and valid, ^c. B G Signed, i^c. E. G. Q 3 ^n 1^8 Clje Cicik'j^ 3!nlttiiao| An Aci ttpofi prodttcing a Witnefs out of Court, On the Day of' before the Worfhipful R. C Do6tor of Laws, Surrogate, ^c. L. againft l^r.l G. S. 5 ON which Day G. on the Allegation given and admitted in this Caufe on the Part and Behalf of his Client, pro- duced as a Witnefs G. H. Efq; whom the Surrogate aforefaid, at his Petition, ad- mitted and adminiftred to him the ufual Oath of a Witnefs, and alfo admonifhed him to undergo his Examination whenever he fhould have Notice thereof, in the Pre- fence of S. difienting, and having, for In- terrogatories, the ufual Time, or any other Time before his Examination. Letters Ill t&e Ccclefiafticai Coutt^. 199 Letters mijjwe to a No'hlema?2^ citing him to appear a??d propound a WilU othertvife to floew Cciuje zvhy the fame fijould not he declared 7iidl and 'void. May it pleafe your Lordjhip^ WHercas Requeft hath been made to me as Surrogate to the Right Wor- fhipful J. B. Dodtor of Laws, Judge of the Court of -that I fhould grant a Citation for your Lordfhip's Appearance before the faid Judge, or his Surrogate, or fome other competent Judge in this Behalf, in {here fpecify the Place of Appear ance") on the ' Day after your being cited here- with, if it be a Court-Day, othervvife on the next Court-Day following, at the Hours aceS-iftomed for hearing of Caufes there, then and there to propound in folemn Form of Law the pretended Will of the moft Noble B. late Earl of R. deceafed, bearing Date the Day of — — and to prove the fame by good and fufficient Witneffes, otherwife to fhew Caufe why the faid Will fliould not be pronounced and declared null and void at the Inftance of the Right Honourable the Lady C IV. the natural and lawful Daughter, and only Child of the faid Earl acting by Lord M. her Guardian j and alfo that I fhould intimate unto your Lordfliip, that if you fhall not appear at the Time and Place aforefaid, or appearing fhall not fiiew good and fufficient Caufe to O 4 the the contrary, the faid Judge, or his Surro- gate, or feme other competent Judge in this Behalf, intends to proceed, and will proceed, to pronounce and declare null and void, to all Effeds in Law, the iaid Will, dated as aforefaid, and further intends, and will proceed therein according to Law, your Lordfliip's Abfence in any wife notwith- ftanding; which Requeft I could not in Juftice rcfufe, but in Regard to your Honour and Quality, I have thought good by thefe my Letters to fignify the Pre- miflfes unto you, and to defire your Lord- Ihip to make your lawful Appearance ac- cordingly j and further to do and receive in the Fremifles as to Juftice fhall apper- tain. I am. My Lord, Tour Lordjhifs very Humble Servant^ K. R. Surrogate. A Mo7iitio7i to tra?2Jvih cm original Will ill a Cnrjje of Appeal, RS. Doclor of I>avis, (^bcrc infert the • 7'itle of the Jtidge to whom the Caufe is appealed^ of the '■ Court of — — lawfully appointed. To all and Angular Clerks and literate Perfons whomfoever and wherefoever in and throughout the whole ■ of — f- Greetitig ; Whereas we rightly and duely proceeding in a c^r- ^ain Cauie of Appeal and Complaint now de. In tit €cclcria{!fcal Coutt^* 201 «3epending before us, between J. B. alledg- jng himfelf to be the Nephew by the Brother and next of kin of A. B. late of the Parifh of ■ in the County of- and Diocefe of Spinfter, deceafed, the Party Appellant and Complainant on the one Part, and the Reverend y^. L. Clerk, the Executor named in the laft Will and Teftament of the faid Deceafed, bear- ing Date the 'Day of in the Year of our Lord the Party Appellate and complained of, on the other Part, have, at the Petition of the Pro61:or of the faid A. L. interpofed our Interlocutory Decree for tranfmitting and leaving in the Regiftry of the " Court of ■ the original Will, bearing Date as aforefaid, and exhi- bited on the Part and Behalf of the faid yl. L. in the firft Inftance of this Caufe (Juftice fo requiring i) we therefore ftridly injoin and command you, jointly and fe- verally, peremptorily to monilh, or caufe to be moniilied, the Worfhipful R. H. Dodor of Laws, Qbere infert the T'itle of the Judge from whoju the Caitfe is appealed^ to the Right Reverend Father in God J. by Di- vine PermiHion Lord Bifhop of ^ afore- faid, his Surrogate, Regifter, or A<^iuary or Adrluaries in fpecial, and all others in general, with whom the faid Original Will (bearing Date as aforefaid) is or doth re~ main, whom we by the Tenor of thefe Pre- fents do likewife monifh, that they, or one of them, do on or before the By-Day, to wit, the Day of be- tween the Hours of and in the t r noon of the fame Day tranfmir, ov caufc 202 €ije €U\:l'^ 3mtmoi caufe to be tranfmitted unto us in (^hre fpccify the Place where the Court is held for hearing and determining the Caufe) and leave in the Regiftry of the Court of aforefaid, the faid Original Will of the faid Deceafed, bearing Date the . Day of in the Year of our Lord under Pain of the Law, and Contempt thereof, and that ye (hall duely certify us, or our Surrogate, ^c. J Troxy appoint ijig a TroUor to pro- poimd a Will a fecond Ti7iie, WHereas J. C. late of > in the County of made his laft Will and Teftament, and thereof nominated, conftituted and appointed M. M. (now the Wife of C. M) Cjentleman, fole Executrix 5 and whereas a Sentence hath been already given by the Right Worfliipful^. 5. Doctor of Laws, Judge of the Court of for the Force and Validity of the faid laft Will and Teftament, and the Probate thereof, decreed to go under Seal in the Name of the faid Executrix ^ and whereas fince the faid Sentence hath been given, two Caveats have been entred againft the Pro- bate of the faid Will, the one for the In- tereft oi M. 0. (the Wife of ^.0.) and the other for the Intereft of A. C. Spinfter, who are faid to be Nieces by a Brother of the faid J. C. Now know all Men by thefe Pre- fents. That I the faid AL M. otherwife IV. now the Wife of the faid C M. Gentleman, the faid Executrix .named in the laft Will and in tlje €cclcfiaftical Coutti^* 203 and Teftament of the faid J. C. do hereby, with the Confent of my faid Husband C M. teftified by his Signing and Sealing of thefe Prefents, conftitute and appoint ^. Z. one of the Procurators General of the Arches Court of Canterhuryj to be my Prottor for me, and in my Name, to appear before the faid Right Worfhipful J. B. Doftor of Laws, Judge of the faid Court of his Surrogate, or any other competent Judge in this Behalf, and to propound again the faid laft Will and Teftament of the faid y. C. and to give an Allegation and produce WitnelTes, and to do every Thing that fhall be needful and necefTary to be done in the Premises, in order to obtain another definitive Sentence for the Force and Validity of the faid Will, and to abide for me in Judgment until a definitive Sen- tence fliall be given in the Caufe ^ and I do hereby promife to allow for firm and valid all and whatfoever my faid Prodtor fhall do, or caufe to be done for me, in and about the PremifTes. In Witnefs w^hereof I have hereunto fet my Hand and Seal this • ■ Day of — in the Year of our Lord • M. M. Signed, ^c. C. M. An 204 'Srse CletU'sJ 3in(!t:uafoi j]?t JU of Court for a?t 'Excoimnvni' catio7i npo7i Non-appearajice to a Trocefj. — SefT of— Term, to wit, — Day of — ^c. The Certificate is continued. S. againft .S*. and others.") c S WHICH Day J. S. Widow, the Party cited in this Caufe to exhibit an Inventory and Account of the Goods of ^. S. the Decealed, in this Caufe, at the Suit of J. S. the Elder, H. T. and S. C. Wi- dow, Legatees named in the laft Will and Teftament of the faid Deceafed, being three Times called, and not appearing, but contumacioufly abfenting herfelf, the Judge, jn Pain of fuch her Contumacy, at the Pe- tition of C decreed her to be excommu- nicated, but the fame not to be extraded till next Court-Day, and at the further Pe- tition of C. continued the Certificate of the original Citation to the fame Time; and the Reverend L. y. of ■ in the County of — Presbyter, in this Behalf lawfully authorized, by reafon of the Pre- miflcs, and at the like Petition of C. pur- fuant to the above Decree, hath, by a Schedule duely read and figned by him, excommunicated the faid J. S. Widow, by the Sentence of the greater Excommunica? tion. 4 ^^ fn t!)e Ccclcfinftica! CourtieJ* ^o% An Excojniininication 7tp07i Nou-ap- peara?2ce to a Trocefs, J By Divine (Jjcre mfert the Arch' • biJJjop or Bijljop to whofe Province or Dio' cefe the Canfe Iclongs') To all and fingular Redors, Vicars, Chaplains, Curates and Clerks whomfoever and wherefoever in and throughout our whole ■ of Greet- ing ; Whereas the Right Worfhipful 1". JR.. Do(5tor of Laws, Qjcre recite the I'itles of the Judge) of the Court of law- fully appointed, rightly and duely proceed- ing in a certain Caufe or Bufinefs of bring- ing in and exhibiting a true and perfe6t In- ventory of all and fingular the Goods, Chattels and Credits of j! S. late of the Parifh of .in the County of de- eeafed, as alfo of rendring a true and juft Account of the Adminiftration therein, and merely Spiritual, depending in Judgment before him, or his Surrogate, between J. S. the Elder, H. "t. and S. C. Widow, Lega- tees named in the laft Will and Teftament of the faid Deceafed, the Parties promoting the fald Caufe or Bufinefs of the one Part, and J. S. Widow, the Relic!:!: and Execu- trix named in the faid Will of the faid Deceafed, the Party againft whom the faid Caufe or Bufinefs is promoted, on the other Part, did at the Petition of the Prodor of the fdid J. S. 11. 1'. and S. C. pro- nounce the faid y. S. Widow, by reafon of her manifeft Contempt and Contumacy in not appe:\ring lawfully before him, or his 2o6 €!je Clerli'is 3lnltrimo| his Surrogate, on a certain competent Day^ Time and Place appointed to her the faid y. S. Widow, and long fince paft, purfuant to the original Mandate or Citation ilTued out againft her in the faid Caufe or Bufi- nefs, and duly and perfonally ferved on her j and having been thrice publickly called, long and fufficiently expe61:ed, and in no wife lawfully appearing, but contu- macioufly abfenting herfclf, and ftill per- fevering fo to do, pronounce her Contu- macious, and in Pain of fuch her Contu- macy, decreed her to be excommunicatedg (Juftice fo requiring i) and whereas the Reverend L. M Mafter of Arts, the Pref- byter in this Behalf lawfully authorized, by teafon of the PremilTes, and at the like Pe- tition of the Prodor of the faid J. S. the Elder, H. 'it. and J. C Widow, according to the original Mandate or Citation afore- faid, hath in Writing excommunicated the faid y. S. Widow j Wc do therefore by thefe Prefents authorize, impower and in- join ye, jointly and feverally, that ye, or fome or one of you, in your ParifK Churches, on the Sunday or Feftival Day next immediately following the Receipt of thefe Prefents, during the Time of Divine Service, (while the greater Part of the Congregation are prefent to hear Divine Service there,) openly and publickly de- nounce and declare the faid J. S. Widow^ by our Authority Ordinary and Epifcopal, to be excommunicate j and what you fhall do, or caufe to be done, in the PremiflTes, you fhall duely certify the — of the — — Court of -— aforefaid, ^q, 4 A in tijc Ccclrfiaifical Courts. 207 J Schedule of an B^xcomiumzi cation upon Non-appearance to a Trocefs. IN the Name of God, Amen : Whereas the Right Worfhipful ^. R. Dodor of Laws, fhere infert the 1'itle of the fudge) of the Court of lawfully ap- pointed, rightly and duely proceeding in a certain Caufe or Bufinefs of bringing in and exhibiting a true and perfect Inventory of all and fingular the Goods, Chattels and Credits of T. S. late of the Parifh of in the County of deceafed, as alio of rendring a true and juft Account of the Ad- miniftration therein, and merely Spiritual, depending in Judgment before him, or his Surrogate, between f. S. the Elder, H. 1", and S. C. Widow, Legatees named in the Jaft W^ill and Teftament of the faid De- ceafed, the Party promoting the faid Caufe or Bufinefs of the one Part, and f. S. Widow, the Reli61: and Executrix named in the laft Will and Teftament of the faid Deceafed, the Party againft whom the faid Caufe or Bufinefs was promoted, on the other Part, did at the Petition of the Proctor of the faid J. S. the Elder, H. ^. and S. C. pronounce the faid f. S. Widow, by rea- Ibn of her manifeft Contempt and Contu- macy in not appearing lawfully before him or his Surrogate, on a certain competent Day, Time and Place appointed to her the faid f. S. Widow, and long fmce paft, pur- fuant to the original Mandate or Citation ilTued out againft her in the faid Caufe or Bufi- Bufincfb, and duely and perfonally ferved on her i and having been thrice publickly called, long and fufficiently expeded, and in no wife lawfully appearing, but contu- niacioufly abfenting herfelf, and ftill per- levering fo to do, pronounce her Con- tumacious, and for fuch her Contumacy decreed her to be excommunicated, under Sentence of the greater Excommunication, (juftice fo requiring^) Therefore we L. y. Curate of in the County of Pref- byter, in this Behalf lawfully authorized, by reafon of the Premifles, and at the like Petition of the Pro6tor of the faid J. S> H. 5r. and J. C. purfuant to the above De- cree, do by thefe Prefenty excommunicate her the faid J. S. by the Sentence of the greater Excommunication. This Schedule of Excommuni- cation was read the Day of by me T. 0. A Significavit to the K.ing^ in order to obtain a Writ grarited to take an ex- communicated 'Perfon i?2to Otftodj, TO our moft Serene Prince in Chrift, and Sovereign Lord George the Second, by the Grace of God of Great Britain^ France and Ireland King, Defender of the Faith : We 'J. by Divine (Jjere infert the Arch'nJJjop or Bipop to whofe Province or Diocefe the Caiife belongs^ with all Duty, Submiffion and Obedience due to fo Illu- flrious a Prince, Greeting, and wifning Pro- fperity lit tlje eccf^fmfiicai Courts* sop fperlty here and hereafter, in him by whom Kings Reign, and Princes bear Rule, we do with all humble Obedience fignify and make known to your Royal Majefty^ That the Right Worfhipful J. B. Doc^tor of Laws^ (^bere mention the 'Title of the Judge^ of the " Court of lawfully appointed in a certain Caufe or Bufinefs of bringing in and exhibiting a true and perfec!:!; Inventory of ail and fingblar the Goods, Chattels and Credits of 2^ S. late of the Parilh of ' in the County of deceafed, as alfo of rendring a true and juft Account of the Ad* miniftration therein, and merely Spiritual, now depending in Judgment before him, or his Surrogate, between J. S. the Elder^ 11. I', and S. C. Legatees named in the laft Will and Teftament of the faid Deceafedj the Party promoting the fiid Caufe or Bufi-- nefs of the one Part, and 'J. S. Widow, the Relicl: and Executrix named in the laft Will and Teftament of the faid Deceafed, the Party againft whom the faid Caufe or Buli- nefs was promoted, on the other Part, hath at the Petition of the Prodor of the faid y. S. H. 1'. and S. C. pronounced the faid y. S. Widow, Contumacious, (by reafon of her manifeft Contempt and Contumacy in not appearing lawfully on a certain compe- tent Day, Time and Place appointed to her the faid y. S. Widow, and long fince paft, purfuant to the original Mandate or Cita- tion iffued out againft her in the faid Caufe or Bufinefs, and duely and perfonally ferved on her ; and having been thrice publickly called, long and fufficiently expe^ed, and in no wife lawfully appearing, but contu- P macioully 210 €6e Cletk'0 3inf!nigo? macioufly abfenting herfelf, and ftill per- fevering fo to do) and decreed her to be ex- communicared, and commanded and caufed her to be openly and publickly denounced Excommunicate in the Face of the Church, by a Presbyter lawfully authorized in that Behalf, whilft the greater Part of the Con- gregation was prefent to hear Divine Service there, and under the Sentence of Excom- munication for forty Days and more, fmce the Publifhing thereof, throup;h an obftiwate and incorrigible Difpofition ftood, and doth now fiand, in Contempt of your Majefty's Authority and Jurifdiction Ecciefiaftical, to the great Prejudice of htr Soul's Health, and pernicious Example of other good Chriftians ; and whereas the Ecciefiaftical Laws have fio further Power in this Behalf, we therefore humbly fupplicate and befcech your Majefty, in order to reform the Con- tumacy and Contempt of the faid 7- ^• io excommunicated as aforefaid, that your Majeify would vouchfafe to be gracioufly pleafed, purfuant to the Laws and laydable Cuftoms and Statutes of this Realm, to extend your Royal Aid, and Command to your Secular Officers, to take and imprifon the Body of the faid J. S. that they, whom the Fear of God will not reclaim from their evil Ways, your Majefty's Obfervance may force and compel ^ and may the Al- mighty long preferve your Majefty, to the well governing your People. In Teftimony whereof we have caufed the Seal of our Court of ■ to be affixed to thefe Prefents. Dated the Day of in fit t6e (fccleriam'ca! Courts* an — in the Year of our Lord -— — - and in the Year of our Tranflation. Ju Jbfo//jt!o7i from an Excojmmifiica- tioii upon Noji-appearafice to a Tro- cejs* TT^ By Divine Permiftion Bifhop of — — Xljm To all and fingular Re(tlors, Vicars, Chaplains, Curates and Clerks whomroever and wherefoever in and thro'out our whole Diocefe of Greeting: Whereas the Worfhipful //. //. Dodor of Laws, (Jjer^ infert the little of the Judge') of our Court of lawfully appointed, rightly and duely proceeding, hath abfolved aud reftored to the Communion of the Faithful J. S. Widov^, of the Parifli of in the County of and Diocefe of from a certain Sentence of Excommunication, here- tofore pronounced againft her for her mani- feft Contempt and Contumacy in not ap- pearing before our faid his Surro- gate, or fome other competent Judge, in a certain Caufe or Eufmefs of bringing in and exhibiting a true and perfecl: Inventory of all and fingular the Goods, Chattels and Credits of ^. S. late of the Parilli of- in the County of- deceafed, as alfo of rendring a true and juft Account of the Adminiftration therein, and merely Spiri- tual, dependingr in Judgment before him, or his Surrogate, between f. S. the Elder, H. y. and ^S*. C. Widow, Legatees named in the laft Will and Teftament, the Parties promoting the faid Caufe or Bufinefs, of the P z one 212 'Cnje €\tt]{0 jnmmi one Part, and the faid J. S. Widow, the Relid and Executrix named in the faid Will of the faid Deceafed, the Party a- gainft whom the faid Caufe or Bufinefs is promoted, of the other Part, Ihe having firft made Oath to obey the lawful Orders and Commands of her Ordinary in all Things juft and lawful, for the future, ( Juftice fo requiring i) we therefore do ftridly injoin and require you the fiid Rec- tors, Vicars, Chaplains, Curates and Clerks, jointly and feverally, upon Pain of the Law, and Contempt thereof, on the next Lord's Day, or Feftival, after Receipt hereof, in your refpedive Parilli Churches, or one of them, during the Time of Di- vine Service, and while the greater Part of the Congregation are there affembled to- gether for Holy VV'orfhip, puhlickly and openly denounce and declare, or caufe to be denounced and declared, that the faid y. S. was and is by our Authority as Or- dinary abfolved from the faid Sentence of Excommunication formerly read and pub- lifhed againft her as aforefaid, and reflored to the Communion of the Faithful in Ghrift, and that fhe is fo accordingly abfolved and effeclualiy reftored ; and what ye fhall do, or caufe to be done in the Premilles, ye ihall duely certify our faid ■ Qhcre /;/- fert the Title of the Jndge^ his Surrogate, or fome other competent Judge in this Be- half, together with thefe Prefents. Lilted the Day of — \\\ the- Year of our Lord fa tfje (Bccktmkal Courts. 215 Jf Seritefice ijivalidatih'g a JJWj ci7id pro7ioii7ici?i^ an ]//tejincj\ as aljo granting Letters of yldminifiratioii tkerehy to the 7iext of Kin, IN the Name of God, Amen: We J. B. Dodor of Laws, (Jjere infert the 'Title of the Jndge^ of the • Court of law- fully appointed, rightly and duely proceed- ing, having heard, feen and underftood, and fully and maturely difcuffed the Merits and Circumftances of a certain Teftamen- tary Bullnefs, or proving by WitnefTes the pretended laft Will and Teftament of yf. B. late of in the County of deceafed, [// in the Prerogative Court of Canterbury, then life thefe IVords : Having whilft living, and at the Time of his Death, Goods, Chat- tels or Credits in divers Piocefes or Jurif- didions, fufficient to found the Jiirifdidior. of our Prerogative Court of Canterhury'] which is now controverted, and remains undeter- mined before us in Judgment, between CD. Cohere infert the Interefi of the Plaintiff^ the Party promoting the faid Bufinefs, of the one Part, and E. F. {here infert the Inter ejl of the Defendant^ the Party againft whom the fiiid Bufinefs is promoted, on th.e other Part ^ and the Paries aforcfaid lawfully appearing before us in Judgment by their ProiforsrefpeCHvely, and the Prodor of the faid E. F. praying Sentence to be given, and Juftice to be done to his Party ; and the Prodlor of the fai4 C. D- alfo earneftly praying to be done to his Party, and having carefully and dili- gently fearched into and confidertd of the P 3 whole SI4 Cljc Clerl^'d JnfttuSo? whole Proceedings had and done before vn in this Bufinefs, and having obferved all and fingular the Matters and Things that by Law ought to be obferved in this Be- half, we have thought fit, and do thus think fit, to proceed to the giving our de- finitive Sentence, or final Decree in this Bu^ finefs, in Manner and Form following, (to wit,) Forafmuch as by the Ads enaded, deduced, alledged, exhibited, propounded, proved and confelTed in this Bufinefs, we have found, and it doth evidently appear unto us, that the Prodor of the faid C. D. hath not fufficiently founded and proved his Intention, deduced in a certain Allegation, and in the pretended Will, and other Plead- ings and Exhibits given in, exhibited and admitted on his Behalf in this Bufinefs, and now remaining in the Regiftry of this Court, but hath intirely failed in the Proof thereof, (which Allegation, pretended Will, and other Pleadings and Exhibits, we take, and will have taken, as if here read aiid in- ferted i) and that the Prodor of the faid B.F. hath fufficiently founded and proved his Intention, deduced in a certain Allegation, and other Pleadings and Exhibits, given in, exhibited and admitted on the Behalf of his Party in this Bufinefs, and now alfo re- maining in the Regiftry of this Court, (which Allegation, and other Pleadings and Exhibits, we take, and will have taken, as if here read and inferted) for us to pro- nounce as herein after mentioned ; there- fore we y. B. Doctor of Laws, the Judge ^iforefaid, having firft called upon the Name pf Chriil, and having God alone before our Eyesji in tlje (Scclcfiafifcal Courts. 215 Eyes, and having heard Counfel in this Behalf, do hereby pronounce, decree and declare the faid pretended Will of the faid Deceafed, bearing Date the Day of ■ ■ in the Year of our Lord • — in which the faid C. D. is pretended to be (^bere iiifert the Ihterefi of the Plaintiff) to be null, void and invalid to ail Intents and Purpoles, and to have n.o Force or Validity in Law vvhatfoever, and do declare the faid Deceafed to have departed this Life In- teftate, without making any Will; and we do hereby decree Letters of Adminiftra- tion of all and fingular the Goods, Chattels and Credits of the faid Deceafed, as dying Inteftate, to be granted and committed to the fa'd E. F. Qhere infert the Jnterefi of the Defendant') upon her giving fufficient Se- curity for the fame ; and we do hereby alfo pronounce, decree and declare, that the faid C. D. ought to be condemned in all lawful Cods and Expences made, and to be made in this Bufinefs, on the Part and Behalf of the faid E. F. or her Pro6lor, in this Behalf- and we do condemn him the faid C. D. in the faid Cofts, by this our definitive Sentence or final Decree, which we read and promulge by thefe Writings, the Taxation or JHoderation of which Cofts we referve to us, our Surrogue, or fomQ other competent Judge in this Behalf P 4 A 2x6 €6e Clerli'0 Jn(!riiatD| J Sentence agalnft a Grievance^ and the Caufe retained^ Yt-jewing the Cojfs of the Jppeal. IN the Name of God, Amen : We J. B. Dodrlor of Laws, (Joere recite the I'itle of the Judge') of the ^ Court of lawfully appointed, rightly and duely Pro- feeding, having heard, feen and underftood, and fully and maturely difcufled the Merits and Circumftanccs of a certain Caufe of Appeal and Complaint of Nullity which is controverted, and now remains undeter- mined before us in Judgment between A. B. pf in the County of and Diocefe of and in the Province of ■ the Party Appellant and Complain- ant on the one Part, and C. D. of " in the County of and Diocefe of— — r- and Province aforefaid, the Parry Appellate and complained of, on the other Part, and the Parries aforefaid lawfully appearing before us in Judgment by their Pro61ors j^efpedively, and the Proctor of the faid A. B. praying Sentence to be given, and Juftice to be done to his Party, and rhe Prodor of the faid C D. alfo earneftly praying to be done to his Party, and haying carefully and diligently fearched into, and confidered of the whole Proceed- ings had and done before us in this Caufe, and having obferved all and fmgular the JVIatters and Thiqgs that by Law in this Behalf ought to be obferved, we have thought fit, and do thus think fit, to pro- ceed in tlje CccieCiaflical Couct0. 217 ceed to the giving our definitive Sentence, or final Decree in this Caufe, in Manner and Form fiallowing, (to wit,) Forafmuch as by the A6h enacted, deduced, alledged, exhibited, propounded, proved and con- feflTed in this Caufe, we have found, and it doth evidently appear to us, that the Proc- tor of the faid A. B. hath not fufficiently founded and proved his Intention, deduced in a certain Libel of Appeal, and other Pleadings and Exhibits given in and ad- mitted on his Behalf in this Caufe, and now remaining in the Rcgiflry of this Court, (which Libel of Appeal, and other Plead- ings and Exhibits, we take, and will have taken, as if here read and infcrted) but hath totally failed in the Proof thereof; therefore we y. B. Dodor of Laws, the Judge aforefaid, firft calling upon the Name of Chrift, and having God alone before our Eyes, and having heard Counfel in this Be- half, do pronounce, decree and declare for null and invalid, to all Effeds in Law, the pretended Appeal and Complaint on the Be- half of the faid ^. B. in this Caufe howfo- ever interpofed, and that the fame were and are null and unjull, and in Law altogether invalid, and were made and interpoled from Caufes no wife true, juft or lawful, and have not, nor ought not to have, any Force, Avail or Effecl in Law whatfoever, and that the Judge from whom it is appealed, and of whom it is fo complained, hath rightly, juftly and lawfully proceeded, pro- nounced and decreed ; and we do ratify and confirm the Decree by him made and interpofed however by and with the Con^ fen: 2i8 Cfje CTlcrfe'^ JnlfniSoi fent of C D. the Party Appellate ; we do hereby retain the principal Caufe, with all its Incidents, Emergents, Dependants and Things adjoined and conneded thereto, be- longing or appertaining ; and we do pro- nounce, decree and declare, that the faid A. B. ought by Law to be condemned in Cofts, made and to be made in this Caufe of Appeal, on the Part and Behalf of the faid C. D. interpofed to be paid unto the faid C. D. or to his Proctor, and we do accordingly condemn him in fuch Expences, but the Taxation or Moderation of the fame we referve to us, our Surrogate, or fome other competent Judge in this Behalf, by this our definitive Sentence or final Decree, which we read and promulge by thefe Wri- tings. J Se72te7ice projiotinclii^ for the Vali- dity of a Will* IN the Name of God, Amen : We J. B. Dodor of Laws, Cohere infert the Title of the J'l^ge^ of the Court of lawfully appointed, rightly and duely pro- ceeding, having heard, feen and underftood, and fully and maturely difcufTed the Merits and Circumftances of a certain Teflamen- tary Bufinefs, or proving by WitnelTes the Teftament or laft Will in Writing of A. B. late of in the County of de-. ceafed, [// in the Prerogative Court of Can- terbury, then ufe thefe IVords : Having whilft living, and at the Time of his Death, Goods, Chattels or Credits in divers Dio- cefes intfje ^cclcfiuitica! Courts* 219 cefes or Jurifdid:ions, fufficient to found the Jurifdidiion of the Prerogative Court of Canterbury'] which is now controverted, and remains undetermined before us in Judg- ment, between C D. Qherc infert the Plain- tiff's Jh'tcreft') the Party promoting the fiid Bufincfs, of the one Part, and E. F. Qjcre infert the Defendant's Jntcrefi') the Party a- gainft whom the faid Bufinefs is promoted, on the other Parr ; and the Parties afore- faid lawfully appearing before us in Judg- ment by their Proftors refpe6lively, and the Prod:or of the faid C. D. praying Sen- tence to be given, and Juftice to be done to his Party, and the Prodor of the faid E. F. alfo earneftly praying to be done to his Party; (a) and we having firfl: carefully [a] If you and diligently fearched into, and confidered proceed in par- of the whole Proceedings had and done be- '1'^^' ^^ad as fore us in this Bufmefs, and having obferved ^jj^ f^y' !!. all and fingular the Matters and Things that being hereto- by Law in this Behalf ought to be obferved, fore duely, we have thought, and do thus think fit, to lawfully and. proceed to the iiivinfi of our definitive Sen- P^f"''"^ 7 *^*" tence, or nnal Decree in this Bufineis, in ted, called for. Manner and Form following, (to wit) For- long and fuffi- afmuch as by the Ads enaded, deduced, ciemiy, and to allcdged, exhibited, propounded, pi^o'''e<^ ^^^ed' Tnd^"^" and confeffed in this Bufinefs, we have [^ yj^r^ ap. found, and it doth evidently appear unto us, pearing. but that the Prodor of the faid C. D. hath fuffi- contumadouf- ciently and fully founded and oroved his ^l abfcnting T . J11- .''«ii himleli, ana Intention, deduced in a certain Allegation ^^j^^g and laft Will and Teftament of the faid ^i/. B. nounced Con- deceafed, and other Pleadings and Exhibits tumadcus, in given in, exhibited and admitted on his f?'^" °^ ^^^^ Pehalf in this Bufinefs, and now remaining ^^ omun\^^ in in the Regiftry of this Court, (which faid Allegation, and laft Will and Teftament of the faid Deceafed, and other Matters pro- pounded, exhibited and admitted in this Bufinefs, we take, and will have taken, as if here read and inferted^ for us to pro- nounce as hereinafter mentioned j and that nothing, at lead nothing effedrtuai, hath on the Part and Behalf of the faid E. F. been excepted, deduced, exhibited, propounded, proved or confefled in this Bufinefs, which may or ought in any wife Defeat, Preju- dice or Weaken the Intention of the faid C D. therefore we J. B. Do6l:or of Laws, the Judge aforefaid, having firft called upon the Name of Chrift, and having God alone before our Eyes, and having heard Counfel in this Behalf, do pronounce, decree and declare, that the aforefaid A. B. the Tefta- tor in this Caufe, deceafed, whilft living being of found and perfe6l Mind, Memory and Underftanding, rightly and duely made his laft Will and Teftament in Writing, ex- hibited and pleaded in this Bufinefs, bearing Date the Day of in the Year of our Lord and thereof named and ap- pointed the faid C D. fole Executor, and did will, give and bequeath, and do in all Things as therein is contained ; and we do pronounce, decree and declare, fcr the Force and Validity of the faid laft Will and Teftament of the faid Deceafed, to all In- tents and Purpofes in Law whatfoever, and we do approve of and receive the fame by this our definitive Sentence or final De- cree, which we read and promulge by thefe Writings. CHAP. (n t5e Ccclcfiafficnl Coiirtj?. 221 CHAP. HI. Of Litejlacks\ or Inteftatcs Efiates. IF a Man dies Inteftate, leaving a Widow and Children, the Court ufually grants the Adminiftration to the Widow, prefer- able to all or any of the Children i but if the Widow can be made appear to be a Perfon of ill Chara61er, and not fie to be intruded with the Management of the Per- fonal Eftate, the Court will grant it to one or more of the Children ; for the A(^t of Parliament directs the Ordinary to grant it to the Widow or next of Kin of the De- ceafed. When there is a Widow and no Chil- dren, the fame Rule will hold as to the next Collateral Kindred, wjth this Dif- ference, that the Objedions are required to be ftronger againft the Widow, to deveft her of the Adminiftration in Favour of Collateral Kindred, than of Children, be- caufe (he has in her own Right a greater Share in the Diftribution of the Eftate than where there are Children. When there are Children and no Widow, the Adminiftration is granted frimo petenti^ without Regard to the Priority of Birth or Sex J but if any of the Children enter a Caveat, and feveral of the Children are Competitors for the Adminiftration, the I Court 222 Clje C!crk'iS 3!nl!aiff0| Court will grant it to them that appear mod worthy of theTruft, fometimes to one only, and fometimes to more. When there is neither Wife or Children, but a Father, the Adminiflration belongs folely to the Father, and the whole Per- fcnal Eftate is his own Property. Where there is no Father, but Mother, Brothers and Sifters, the Adminiftration mult be committed to the Mother, but all the Brothers and Sifters, and their Repre- fentatives, if any of them are dead, have an ex|Lnl Share in the Diftnbution of the Ptrfonal Eftate with the Mother. If there be a Mother and no Widow, Child, or Brother or Sifter, the Admini- ilration, and whole Perfonal Eftate, goes to the Mother. A Pcrfon dying Tnteftate, leaving a Wi- dow and Children, one Third Part of his Ferf>nal Eftate will belong to his Widow, the Remaining two Thirds among his Children. If he leaves a Widow and no Children, the one Half to his Widow, and the Re- mainifig Half to his next of Kin. If a Freeman of London dies Inteftate, leaving Widow and Children, the Widow iha'l have four Parts in nine, (that is,) one Third Part, and a Third of another Third, befides the Furniture of her Chamber. \i he leaves a Wndow and no Children, the Widow fhall have three Parts in four, . (that is,) one Half by Law, and one Half of the Remaining Half Part, by shti Cuftom of London, z Of in tl;e ^cclerinffical Comt?* 223 Of T)iJirihutio?is Ecckfuiflkal a?jd ChiL DTftributions, which borrowed their Name from the Latin Verb DifiribnOi are, in the Senfe of the Canon Law, that Portion of Profits which in the Romilli Church ought every Hour to be divided and given pro rata Servitii prajliti^ unto fuch as are prefent at Divine Service ^ but commonly they are called daily Diftribu- tions, either becaufe fuch Perfons require them as are daily prefent at Divine Offices, or elfe becaufe they are diftributed to each individual Perfon juxta ^lotam Officii^ which he daily attends, that is to fay, in other Terms, according to the Merits of each Perfon that aflifts every Day at Divine Ser- vice, which is publickly performed in fome appointed Place (^). Sometimes thefe Di- {a) X. 3. 5-. ftrjbutions are in Latin called Vejiuaria, or 19- Viclitalia, becaufe they conduce to the Ap- parel and daily Subfiftence of fuch as attend Divine Service (Jp^-, tho' the Name, ftridlly (^)X. 3. ^.7. fpeaking, feems rather adapted to the Fruits of a Benefice, than to Canonical Di- ftributions, which are often by another Name called daily Portions; and fometimes they are in Latin ftyled SportnU^ or Diaria, taking their Likenefs from the Gifts and Prefents which are as it were made every Day to Judges on the Account of their Office (<;). And fometimes they come under (V) Duf. de the Name of an Emolument of Benefices or R^c. hb. 3. Prebends, as being a certain Kind of Pro- ^- ^S- ^' 4- fits 224 €fje Clecli'.d Jnlftn^fdi fits which arifes from Benefices and Pre* bends ; and fometinies they are couched under the Style of Kedditus Ecclefmfiici^ not only becaufe they arife from EccJefiaftical Benefices, but becaufe the Word Kedditus may fometimes be adapted to them, the' the Style FruLfns Bejjeficii^ properly taken, {a) X-,3. 5. is not fuitable to Diftriburions (^), But it '9- has been a Doubt with fome, whether Di- ftributions are diftinguiihed from Fruits, or are couched under the Word Fnif^lus j to which I anfwer, that regularly fpeaking Diftributions are in their own Nature di- ftinil: from Fruits ^ and it plainly appears from the Council of Trent^ becaufe the Fruits of a Benefice are ftyled the yearly Rents which are ufually collected from cer- tain Eftates belonging to the Church j but Diftributions are a certain Portion which arifes from the Profits of a Benefice, and fhail be conferred, as aforefaid, on fuch as fhall aflift at Divine Service, Juxta ^lotam Officii, ec And hence it is we may infer, that a Per- fon who is deprived of his Dift;ributions on the Score of a Crime committed, is not for that reafon deemed to be deprived of his Fruits of his Prebend or Benefice, becaufe the Fruits of a Prebend or Benefice do not come under the Name of Diftributions, properly fpeaking, unlefs fomething e!fe be expreffed ; for that we are herein concerned in a Penal Matter, wherein the more be- nio;n Interpretation ought to be made: But this ou^,ht only thus to be underftood, when fuch Prebend or Benefice yields both Fruits and Diftinbutions. Secovdlyy a Penfion im- pofed lit tijc €cclt0a{!ical Courtis. 225 pofed on any Benefice is not deemed to be laid on Diftributions, but only on the Fruits of fuch Benefice, unlcfs the Benefice con- fifts in Diftributions alone, or unlefs fome- thing elfe be expreifed, becaufe a Penfion, when nothing eli'e is expreffcd, is wont to be laid on the Fruits of fuch Prebend or Benefice; but fince this Kind of Diftribu- tions is not well known here in England^ ic being only common in Popifli Countries, I will add nothing more of them, but pro- ceed to fpeak of a Civil Diftribution, which is made by the Ordinary of the Tnteftate's Goods and Chattels, according to the I-aws of this Realm (^) and the Civil and Canon («) 22 ^ 23 Law on this Head. Car. 2. ciz. For according to the Statute of the Realm, the Ordinary may call Adminiftra- tors to an Account, and order a Diftribu- tion to be made of what remains in their Hands after Debts, Funerals, and juft Ex- pences of all Sorts allow'd, according to the Laws in fuch Cafes, and the Rules here- after fet down ; faving to Perfons aggrieved their Right of Appeal, and the Surplufage fliall be diftributed as follows, ws. one Third to the Inteftate's Wife, and the Re- fidue among his Children, and fuch as le- gally reprefent them, if any of them be dead, other than fuch Children (not Heirs at Law) who fliall have any Eftute by Set- tlement of the Inteftate in his Life-time, equal to the other Shares ^ Children, other than Heirs at Law, advanced by Settle- ments or Portions not equal to the other Shares, fhall have fo much of the Surplu- fage as fliall make the Eftates of all to be 2 25 Clje Cfec^'0 jKffcuSo? equal J but the Heir at Law fhall have an equal Part in the Diftribution with the other Children, without any Confideration of what he has by Defcent or otherwife from the Inteftate, If there be no Chil- dren, or legal Reprefentatives of them, then one Moiety fhall be allotted to the Wife, the Refidue to be equally diftributed a- mong the ne^^t of Kindred to the Inteftate in equal Degree, and thofe who reprefent them , but no Reprefentatives fhall be ad- mitted among Collaterals after Brothers and Siflers Children ; and if there be no Wife, all fhall be diftributed among the Children ; and if no Child, then to the next of Kin to the Inteftate in equal Degree, and their Reprefentatives, ut fiipra. iNo fach Diftribution fliall be made till one Year after the Intefhate's Death, and every one, to whom any Shares fhall be al- lotted, fhall give Bonds with Sureties, in the Spiritual Courts, that if Debts be after- wards made to appear, he will refund his ratable Part thereof towards the Payment of fuch Debts, and of the Adminiftrator's Charges. And in all Cafes where the Or- dinary has ufed to grant Adminiftration (^cnm Teflamcnto annexo) he fhall continue fo to do J but by a fubfequent Aft of Parlia- [a) zgCar.2. ment (a") this A61 of the 22 ^ 23 Car. 2. '•3- cap. 10, fhall not extend to the Eflates of Feme Coverts that die Inteflate, but that their Husbands may have Adminiflration of the Perfonal Eftates, as before the making of the faid Act, both of which Ads of Parliament were made perpetual by the {h) Cap. 17. firfl of King James the Second Qp% tho' at Ill t!je Ccclefiaflical €oiiitjs:?> 227 ^t firft they were only enaded by the Space of feven Years, and from thence to the End of the next Seflion of Parliament. One E. S. dying Inteftate left behind her two Brothers, the one of the Whole, and the other of the Half Blood {a)-, and W Vent. Rep, in the Ecclefiaftical Court they would ad- ^^''^^■t-l^l- m't the Half Blood to come in for Diflri- bution with the Whole Blood on the afore- faid Statute (^); upon which a Prohibition [h) 22 l^ 23 was granted, and hereunto there was a De- ^^'*- 2. c. 10. murrer ^ and the Queftion arofe on thefe Words in the A6f, wz. That Diftribution is to be made to the next of Kin to the In- teftate, who are in equal Degree, and fuch as legally reprefent them. It was argued for the Plaintiff, that Statutes ought to be expounded by the Common Law, which confiders not the Half Blood, infomuch that an Eftate fhall rather Efcheat than defcend to the Half Blood. On the con- trary it was argued, that tho' the Half Blood was rejedled in Defcents, yet it is re- garded in other Cafes, as that Letters of Adminiftration may be granted to the Half Blood, and the Half Blood may be Guar- dian in Socage (J). Again, there cannot (0 Roll. Jbr, be made two Degrees of the Whole and J,°3- Half Blood, nor does the Common Law ^' diftinguilh when it wholly excludes it. The Court faid, that the Intent of this Ail was to give the Ecclefiafticai Court Jurifdi61:!on in this Matter, and to provide for the Di- ftribution of Inteftate Eftates, which they had a long Time attempted and contefted^ but were ftill prohibited , but this Adt per- mits them to proceed. The Court, being Q^ 2 in- Roll. Rep. f. 114 228 Cfje Cletk'js Sinanicfoi informed by Civilians, was of Opinion, that the Half Blood fhould come in for the Di- ftribution of Inteftate Eftaces on this Ad 5 for as to the granting of Adminiftrations, the being of a Guardian in Socage, and the like, a Brother of the Half Blood may be taken to be nearer of Kin than a more re- «) ^'toor Rep. niote Kinfman of the whole Blood (^). ^v!i?^'j?.-f, Upon an Appeal to the Houfe of Lords, the Lords, by Advice of feveral Judges, de- creed, that upon the Statute giving Diftri- bution of Inteftates Perfonal Eftates, the Half Blood {hould have equal Share with thofe of the Whole Blood, being of Kindred (/;) Fef!(. Rep. of the fame Degree or Reprefentation {b). 2. /. 317. On the loth of May 1681. /?'. E. L. fif. all Do'^ors of the Civil Law, certified to the I ord Chief Juflice North, that as to the Diftribution of Inteftates Eftates a- mong Collaterals, the Civil Law, and the Pradice of Ecclefiaftical Courts, has con- ftantly obferved thefe two Rules, vi7j. I'irjiy That Reprefentation has only Place as to Brothers and Sifters Children j Secondly, If there be no fuch Reprefentation, then to the Collaterals next of Kin (to the Inteftate) whether one or more fhall have Diftribu- {c)Roym.Rep. tion Only (c)- p. i'o6. Jn /jffir?j2atio?i of an Jdmwiftratrix a Quaker* J. G. do folemnly, fincerely, and truly affirm and declare, that I am a Diflenter from the Church of England, commonly called a Quaker, and that J.G. late of in lit tl)z Ccciefsafficai €oum. 2 ?9 in the County of departed this Life Qa) Inteftate, without making any H Infert Will, as far as I know and believe, and that whether the I am the natural and lawful Daughter of f '^atwe7'' the faid Deceafed, and that I will well and truly adminifter his Eftate, by paying his Debts as far as the fame will thereto ex- tend, and the Law bind me ; and that I will bring in a true and perfect Inventory of all and lingular the Goods, Chattels and Credits of the faid Deceafed, and pafs a juft Account of my Adminiftration therein, when lawfully called fo to do. — Day of the faid y. G. made the Affirma- tion aforefaid according to A61 of Parliament in that Behalf made and provided, before me fT. S. Surrogate. y.G. 0,3 ^» 230 'Srije €UtV^ 3!n(ti'uaoi J/i J5i of Conn upon the Grant of Adminijiration to the }fidozv. On the — 'Day of in the Year of our Lord before the Worfhipful R. C. Do6\or of Laws, a Surrogate, in his Chambers, ^c. pre- fent the undervv/ritten Notary Pub- lick. A Bufinefs of granting"^ Upon which >- Day appeared perfonally the faid J3. B. Wi- dow, and al- Letters of Admini- ftration of all and Angular the Goods, Chattels and Credits of A. B. late of the Parilh of in the hedged, that the County of deceafed, faid Deceafed to E. B. Widow, the Re- departed this lid: of the faid Deceafed. Life fourteen J Days fince In- tefVate, without making any Will, that ihe is the Widow and Relidrt of the faid Deceafed, wherefore fhe prayed, and the faid Surrogate, at her Petition, decreed Letters of Adminiftration of all and fingular the Goods, Chattels and Cre- dits of the faid Deceafed, to be granted and committed to her, giving fufficient Se- curity for the fame, Cnt having firft taken an Oath, as well concerning the Truth of the Prcm'fTes, as alfo of her due and faith- ful Admiiiiflration of the Perlbnal Eftate of ill tfje €cclefia{!fcal Courts* 231 of her faid late Husband deceafed Qa) j and («) IftheEf- thereupon decreed Letters Teftimonial to ^^^\ ^^ "l^'^^' 1 J 4.0 /. 20 1, or be granted. ^ ^ ^^^ ^j^^^^ Words : And that the EfFefts of the faid Deceafed did not amount to the Sum of mentioning the Sum, This I atteft, R. C Notary Publick. An AU of Court upoJi the Widozvj re- 7iounci7ig the Letters of Admiiii- jiratio72. On the Day of > in the Year of our Lord — before the Worfhipful y. A. Do61or of Laws, a Surrogate in his Chambers in in the Prefence of the Notary Pubhck underwritten. A Bufinefs of renoun-'^ Upon which cing the Letters of Day appeared Adminiftration of all and perlbnally the fineular the Goods, Chat- | faid E. B. Wi- tels and Credits of A. B. j dow, and al- late of the Pariih of ).ledged, that the in the County of deceafed, made by E. B. Widow, the Reli6t of the faid Deceafed. faid Deceafed lately departed this Life Inte- ftate, without making any Will ; that fbe is the Widow and Relict of the faid Deceafed, and that for divers good Caufes and Confiderations Q 4 her 23 a €()e (liztk'0 3\nnmmi her thereunto fpecially moving, doth ex- prefly renounce the Letters of Adminiftra- tion of all and fingular the Goods, Chattels and Credits of the faid Deceafed j where- fore fne prayed, and the faid Surrogate, at her Petition, (ihe having firft taken the Oath required by Law in this Behalf, as well concerning the Truth of what fhe hath alledged as above, as alio that fhe hath not intermeddled, nor doth intend to inter- meddle, with any Part of the faid De- ceafed's EfFe61s, and doth renounce the Letters of Adminiftration thereof, without any Collufion or Defign to defraud his Creditors) admitted this her Renunciation, as far as by Law may be adrr:.tted and enaded, and thereupon decreed Letters Teftimonial to be granted. This I atteft, R. IV. Notary Publick. \A^t'o:-and Seal of the in the County of deceafed, made by C. B. Widow, the Relid of the faid Deceafed. faid C B. Wi- dow, and made himfelf a Party for her, and al- Iedged,that the faid Deceafed lately departed this Life Inteftate, without making any Will, and that his faid Party was and is the Widow and Relief of the faid Deceafed, and that for divers good Caufes and Con- fiderations her thereunto fpecially moving, hath exprefly renounced the faid Letters of Adminiftration of all and fin2,ular the Goods, Chattels and Credits of the faid De- ceafed, as by the faid fpecial Proxy before exhibited (to which rlie faid IV. refers himfelf) may more fully and at large ap- pear ^ wherefore the faid If. prayed, and the in tlje Ccclefiaflical Courts. 235 the faid Surrogate, at his Petition, ad- niitted the laid fpecial Proxy and Renun- ciation exhibited as aforefaid, as far as by Law may be admitted and enabled, and thereupon decreed Letters Teftimonial to be granted. This I atteft, B. D. Notary Publick. Au JU of Court for a Commiffmi to fivear a Widow Ad/mmfiratrix* • — Day of- ' in the Year of our Lord • ^c. ABufinefs of granting'] Letters of Admini- ftration of all and Angular the Goods, Chattels and Credits of ^. B. iate of Upon which Day fV. exhi- bited his Proxy for the faid E.B. Widow, and the Parifh of in the fmade himfclf a County of * deceafed, to E. B. Widow, the Re- lidl of the faid Deceafed. the Time. Party for her, and alledged, that the faid _ Deceafed de- parted this Life (^) ■ — Inteftate, with- if) ^V^^^Y out making any Will i that his faid Party was and is the Widow and Relidrl: of the faid Deceafed, and is now refiding in re- mote Parts; wherefore he prayed, and ths faid Surrogate, at his Petition, decreed Letters of Adminiftration of all and fingul^.r the Goods, Chattels and Credits of the fnid Deceafed, to be granted and committed to his faid Party, giving fufficient Security for 2^6 Clje Cietft'iS anatusoi for the fame, as alfo a CommiiTlon to fwear his faid F-dciy^ as well concerning the Truth of the PremiiTes. as alfo for her due and faithful Adminiftration of all and fingular the faid Goods, Chattels and Credits of the faid Deceafed, and alfo for the taking of a Bond from his faid Party, together with two fufficient Sureties in this Behalf, for her faithful Adminiftration therein *, to be direded to the Reverend ^. B. C. D. Clerks, refpedively refiding in or near the faid County jointly and feverally. This I atteft, B. D. Notary Publick. * Note ; If the Widow is to be fworn to an Inventory at the fame Time, add thefe Words : IVitb a Clanfe to be inferted for [wearing the faid E. F. to the I'riitb of the Inventory hereunto an- i2exed. A in tfte ^cclcfialtical Court??* 237 J Letter of Jttorjiey from a Creditor^ impozvering a Terfo7i to gwe a, Re- ceipt for her to the Jdmimjirator, Whereas ^. C. late of the Parifh of ■ in the County of de- parted this Life Inteftate, without any Relations, and fince his Death Letters of Adminiftration of all and fingular his Goods, Chattels and Cre- dits, have been granted and committed to J. S- Gent, for the Ufe and Benefit of our Sovereign Lord the King ; and whereas the faid Deceafed did at the Time of his Death ftand indebted to y^. V. Spinfter, in feveral Sums of Money, and (he the faid y4. V. did alfo after his Death bury the faid De- ceafed, and paid and discharged his Funeral Expences. NO W know all Men by thefe Prefents, That I the faid A. V. do hereby no- minate, conftitute and appoint my Brother in Law J, P. C. to be my lawful Attorney for me, and in my Name to ask, demand, fue for and receive for my Ufe from the faid J. S. Adminiftrator to the faid A. C. all fuch Sum and Sums of Money due to me from the faid Deceafed, as well in his Life-time, as alfo what I have advanced fince upon Account of his Funeral, or upon any other Account whatfoever ; and upon the Receipt thereof I do hereby give full Power and Authority unto my faid Attor- ney, 238 Cfie €ittl''^ JnftftiSo? ney, for me, and in my Name, to give fuch Receipts and Difcharges as fliall be thought proper and convenient, in as full and ample Manner as I myfelf might or could do if I was perfonally prefentj and > I do hereby promife to allow for firm and valid v-haticcver my faid Attorney (hall lawfully doj or caufs to done, in the Pre- miffes. In H'itiiefs^ &c. Signed, ec A. V. A Certificate to flop the ^Payment of a Ship to a pretended Admiuijirator. THESE are to certify whom it doth or may concern, That a Decree ilTued under the Seal of the Court of =• the Day of againft M. F. Wi- dow, affe; ting herfelf to be the Reli6l, as alfo the Adminiftratrix of all and fmgulat the Goods, Chattels and Credits of J. F. late belonging to the King's Ship the — • but in his Majefty's Ship the deceafed^ to appear before the Right Worfiiipful J. B. Doilor of Laws, Judge of the faid Court, on — the Day of ■ aforefaid, in the Place of Judicature at Qherc fpecify the Place of Appearance^ then and there to bring into and leave in the Regiftry of the faid Court the Letters of Adminiftration of the faid Deceafed by her furreptitioufly (as is alledged to be) and upon falfe Sug^eftions obtained ; and to' (hew Caufe, if (he knoweth or hath any, why the fame ihould not be revoJ<.ed and declared null and void to all Intents and a Pur^ in tf)e ^cclefuiftical Couit;^. 239 Purpofes in Law whatfoever, and why- Letters of Adminiftration of the Goods, Chattels and Credits of the faid Deceafed's Eftate fhould not be granted to A. F. the natural and lawful Father of the faid De- ceafed, as alfo to exhibit an Inventory of all and fingular the Goods, Chattels and Credits of the faid Deceafed, which fince his Death have come to her Hands, Pof- feflion or Knowledge, at the Promotion of the faid A. F. which Decree has been fince, to wit, this prefent Day of- duly ferved on the faid M. F. Witnefs my Hand this Day of ■ in the Year of our Lord aforefaid A Citation agaijifl an Adminiftratrix to exhibit a7i Iii'ventory and Account^ and to fee Tortiofis allotted^ and a *Diftrib7Jiio7i made according to AU of parliament. J By Divine • {here infert the • Avchhljjjop or BiJJoop to whofe Provi72ce or Diocefe the Caufe belongs) To all and fingu- lar Clerks and literate Perfons whomfoever and wherefoever in and throughout our whole ^ of Greeting : We do here- by authorize, impower and ftrid:ly injoin and command you, jointly and feverally, peremptorily to cite, or caufe to be cited, E. F. Widow, the and Adminiftra- trix of all and fingular the Goods, Chat- tels and Credits of B. F. late of the Parifii of in the County of deceafed. 240 tiTfie €l2\:^'0 %imtim^ [if in the Prerogative Court of Canterbury, then infert this Claufe : Having whilft living, and at the Time of his Death, Goods, Chattels or Credits in divers Diocefes or Jurifdictions, fufficicnt to found the Jurif- diclion of our Prerogative Court o^ Canter- lury'] to appear before the Right Wor- Ihpful H. H. Qjere mention the Title of the Judge) of the (aid Court, his Surrogate, or lome other competent Judge in this Behalf, in the (Jjere particularize the Place where the Caufe is heanT) and Place of Judicature there, on the Day after fhe iliall be ferved with this Citation, if it be a Court- Day, otherwife the Court-Day then next following, at the ufual Hours of hearing Caufes, and doing of Juftice there, then and there to exhibit a true and perfe6l In- ventory of all and fingular the Goods, Chattels and Credits of the faid Deceafed, "which lince his Death have come to her Hands, Pofleffion and Knowledge, and alfo to render a true and juft Account of her Adminiftration in the faid Goods, Chattels and Credits of the faid Deceafed, by Virtue of her corporal Oath, and to fee Portions allotted, and a Diftribution made of the Goods, Chattels and Credits of the faid Deceafed, according to an A6t of Parliament in that Behalf made and provided j and further to do and receive what unto Law and Juftice (hall appertain, under Pain of the Law, and Contempt thereof, at the Promotion of y. D. the > of the faid Deceafed ; and whatfoever you fhall do, or caufe to be done in the PremifTes, you fhall duely certify our aforefaid, his Sur- 4 rogate, in t!je Ccclefiaflfcal tonm. togate, or fome other competent Judge in this Behalf, together with thefe Prefents. Dated the Day of ^^in the Year of Our Lord » 24^ J// J5i of Cofjrt iipo/i appointing a Quardia7i chofen hy Troxy^ in order to take out a T)ecree to cite an Ad- mi7iiftratrix. to exhibit an hweritory upon Oath^ as aljo to give better Se- curity for her Adminiflration^ other- wife to floew Caiife why the fame ought not to he re'voked and grafited a7iew to the faid Guardian^ for the Ufe of a Minor the next of kin. On the Day of— — - i^c. A Bufinefs of exhibiting'' a true and perfed: Inventory of all and An- gular the Goods, Chattels ^nd Credits of F. C late of the Parifh of- in the County of de- Ceafed, upon Oath, and ^Ifo of giving better and more fufficient Security for the Adminiftration of the Goods, Chattels and Cre- dits of the faid Deceafed, otherwife of granting Let- ters of Adminiftration a- new of the faid Goods and R Upon which Day G. exhi- bited his fpecial Proxy undef the propel* Hand and Seal of the faid /^5. the Minor a- forefaid , and made himfelf a Party for him, and alledged, that the faid Deceafed de- parted this Life Inteftate, and Chattels, 242 €lje €Ut\(^ jmmm Chattels, promoted by ir. B. acting by his Guar- dian J. B. the Guardian lawfully afligned to IV. B. his Son a Minor, the Ne- phew by the Sifter, and next of kin of the faid De- ceafed, againft B. C. Wi- dow, the Relid and Ad- miniftratrix of the faid Dcceafcd. G. -Day of that Letters of Adminiftration of the Goods, Chattels and Credits of the faid Deceafed were granted to E. C. Widow, the Reli(5t and Adminiftratrix of the faid De- ceafed upon the out of the Court of that the faid IV. B. is the Nephew by the Sifter and next of kin of the laid Deceafed, but being in his Minority, to wit, above the Age of • Years, and under the Age of Twenty-one Years, hath therefore made choice of the faid y. B. his Father, to be his Curator or Guardian to all Intents and Purpofes in Law whatfoevcr, but more particularly for the taking out a Citation againft the faid E. C. to exhibit a true and perfect Inven- tory of all and fingular the Goods, Chattels and Credits of the faid Deceafed, which iince his Death have come to her Hands, PofTeilion and Knowledge, by Virtue of her corporal Oath, and alfo to oblige her to give better and more fufiicient Security for her Adminiftrition thereof, otherwife to (hew good and fufficient Caufe (if flie knows or hath any) why her Adminiftra- ftration ought not to be revoked, and Let- ters of Adminiftration of the Goods, Chat- tels and Credits of the faid Deceafed, grant- ed anew to his faid Father 7- -S. for his Ufe fit tlje Ccclcfuififcai Courts. 243 Ufe and Benefit during his Minority, and until he ihall attain the Age of Twenty- one Years, and prayed him i'o to be afTign- ed as by his fpecial Proxy before exhibited, to which the faid G. refers himfelf, may appear , this being done, the laid G. exhi- bited his Proxy for the faid y. B. and made himfelf a Party for him, and ailedged, that he, as Prodor for the laid J. B. accepted of the Tuition and Guardianfliip of the faid Minor; wherefore he prayed, and the Judge, at his Prayer, admitted his faid Proxy, and afiigned the faid f. B. Curator or Guardian to the faid IV. B. to all In- tents and Purpofes in Law whatfoever, and more efpecially for the Purpofes before re- cited, and at the further Prayer of the faid G. decreed the faid E. C. to be cited to ap- pear in Qhere fpecify the Place of Appear- ance') and Place of Judicature there, upon the Day of in the Year of our Lord between the Hours of and — — in the noon of the fame Day, then and there to exhibit a true and perfecl: Inventory of all and fingular the Goods, Chattels and Credits of the faid Deceafed, which fince his Death have come to her Hands, PofTeflion and Know- ledge, by Virtue of her corporal Oath, and alfo to give better and more fufficient Se- curity for her Adminiftration thereof, other- wife to fhew good and fufiicient Caufe (if fhe knows or hath any) why her Admini- ftration ought not to be revoked, and Let- ters of Adminiftration of the Goods, Chat- tels and Credits of the faid Deceafed grant- ed anew to the faid J. B, for the Ufe and R 2 Benefit Benefit of the faid IV. B. the Minor afore*- faid, during his Minority j and further to do and receive what unto Law and Juftice (hall appertain, under Pain of the Law, and Contetript thereof, at the Promotion of the faid IV. B. ading by his Guardian the faid y. B. his Father, with an Intimation. J TJecrce to cite ajt Adjmmflratrix to exhibit an Invejttory upon Oath.^ and to !^ice better Security for her Admi- jilflraticn., otherzvife to flsew Caufe zuby the faj/w fl^ould not he rez^oked^ and Letters of Advdniftration graiit- ed a?iczi\ By Divine (Jjere mejition the • Archbijbop or BiJJoop to wbofe Pro- lince or Diocefe the Caufe belongs') To all and fingular Clerks and literate Perfons whomfoever and wherefoever in and thro'- out our whole of Greeting : Whereas the Right Worfhipful J.B. Dodor of Laws, (Jjere infert the 1'itle of the Judge'} of our Court of — — lawfully ap- pointed in a certain Bufinefs of exhibiting a true and perfed: Inventory of all and fin- gular the Goods, Chattels and Credits of F. C. late of the Parifh of in the County of deceafed, upon Oath, [;/ i72 the Prerogative Court of Canterbury, fay^ Having whilft living, and at the Time of his Death, Goods, Chattels or Credits in divers Diocefes or Jurifdidtions, fuffi- tient to found the Jurifdidion of our Pre- 2. rogative lit tlje Ccclertnffical Ccurtsf. 24J rogative Court of Canterbury'] and alfo of giving better and more fufficient Security for the Adminiftration of the Goods, Chat- tels and Credits of the faid Deceafed, other- wife of revoking and granting Letters of Adminiftration anew of the Goods, Chat- tels and Credits of the faid Deceafed to J. B. the Guardian lav/fully afligned to M^. B. his Son a Minor, the Nephew by the Sifter, and next of kin of the fud De- ceafed, which is now depending before him in Judgment, between the faid IV. B. ad- ing by his Guardian the faid J. B. the Party promoting the faid Bufinefs, en the one Part, and E. C. Widow, the Rehct and Adminiftratrix of the faid Deceafed, the Party againft whom the faid Bufinefs is promoted, on the other Part, rightly and duely proceeding, hath, at the Prayer of the Proftor of the faid J. B. decreed the faid E. C. Widow, to be cited and inti- mated to appear in Judgment on the Day, and at the Time and Place, and to the Ef- fed: here underwritten, and in the Manner and Form hereinafter defcribed, (Juftice fo requiring;) We do therefore authorize, im- power and ftridly injoin and command ye, jointly and feverally, peremptorily to cite, or caufe to be cited, the faid E. C. to appear before our faid (Joere name the ^itle of the Judge') or his Surrogate, or fome other competent Judge in this Behalf, in {here fpecify the Place where the Caufe is beard) and Place of Judicature there, on the Day of in the Year of our Lord — between the Hours of ■ and in the • noon of the fame R 3 ^^Ys Day, then and there to exhibit a true and pcrfert Inventory of all and fingular the Goods, Chattels and Credirs of the faid Deceafed, which fince his Death have come to lier Hands, PoffcfTion or Knowledge, by Virtue of her corporal Oath, and alfo to give better and more fufficient Security for her Adminiftration thereof, otherwise to fhew good and fufficient Caufe (if fhe knows or hath any) why her Adminiftration ought not to be revoked, and Letters of Admini- ftration of the Goods, Chattels and Cre- dits of the faid Deceafed, granted anew to the faid J. B. for the Ufe and Benefit of the faid IK B. the Minor aforefaid, during his Minority; and further to do and receive what unto Law and Juftice fhall appertain, under Pain of the Law, and Contempt thereof, at the Promotion of the faid IV. B. ading by his Guardian the faid J. B, his Father ; and that you fhall moreover pe- remptorily intimate, or caufe to be inti- mated, to the fa;d E. C. (to whom we alfo intimate by the Tenor of thefe Prefents) 1 hat if file doth not appear on the faid Day, Time and Place, and to the P.ffc6f a- fovefaid, or appearing flicvv not fufficient Caufe to the contrary, our aforefaid, or fome other competent Judge in this Be- half, doth intend, and w;il proceed, to the revoking and declaring^ null and void the Letteis of Adminiftration of the Goods, Chattels and Credits of the faid Deceased, gr>^ntcd to the f -id E. C. Widow, the Re- jid of tliC faid Deceafed, to all Intents and pLir.ofes in the Law whatfoever, and alfo if) the granting and committing Letters of Ad^ fit tfje ^cclenafricnl Courts?. Adniiniftration of the Goods, Chattels cind Credits of the faid Deceafed, anew to the faid J. B. the Guardian lawfully afTigned to the faid /r. B. the Minor aforefud, for his Ufe and Benefit, and during his Mi- nority, (the Abfence, or rather Contumacy, of her the faid E. C. Widow, in any wife notwithflanding ;) and whatfoever ye fhali do, or caufe to be done in the Premiifes, ye fnall duely certify our — — aforefaid, or his Surrogate, or ibme other competent Judge in this Behalf, together with thefe Prcfents. Dated, and fo forth. 247 yj/i /lB of Court npon a Creditor s 'Voluntarily hri7iging iJito Court Let- ters of Adminiftratio?!^ and d:dariiig the jame 7171II a7id coid^ and of cloo- Jing and cifjigJiing a Guardian^ as alfo granting fidminijlration anew to the faid Guardian for the Ufe of Minors, On the Day of ^c. ABufinefs of voluntari-'^ ly bringing into the Regiftry,and declaring null and void the Letters of Adminiftration of all and fingular the Goods, Chat- tels and Credits of J. B. late of the Parifh of in the County of • Bachelor, deceafed, here- tofore granted to J. S. as principal Creditor of the R 4 Upon w!}ich Day G. exhi- bited h's fpccial Proxy under the Hands and Seals ofthefaid M.yL and y. yl. and made himfelf a Party for them, and alledged, that the faid Deceafed de- faid H^ Cfie Cfei'k'^ anffntSoi faid Deceafedj as alfo of making Choice and Af- figning y. B. Curator or Guardian to all Intents and Purpofes in Law vvhat- foever to M. B. and A. B. Spinflers, the natural and lawful Sifters, and next of Icin of the faid J. B. De- ceafed, and alfo of granting Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed, to the faid J. B. as Guardian to the faid M. B. and A. B. Minors, for their Ufe and Benefit, and alfo for the Ufe and Benefit of M. A. (the Wife of J. ^0 a Minor, the natural and lawful Sifter, and next of kin of the faid Deceafed, until they, or one of them^ fliall attain to the Age of Twenty-one Years. ^• Goods, Chattels and Credits of the faid Deceafed, may be committed and granted to the faid J. B. their Uncle, for the Ufe and Benefit of her the faid M. A. and her faid Sifters j and the faid G. further alledged, that the faid M- B. and A. B. being in their refpedive Minorities, to wit, above the Age of Years, and under the Age of Twenty-one Years, and thereby incapable (in their own proper Names) parted this Life — Years fince Inteftate a Bar- chelor,and with- out Parents, leaving behind him at the Time of his Death the faid ikf.y^. (Wife of J. a:) the faid ilf. B. and A.B. Spinfters, his natural and lawful Sifters, and only next of kin J that the faid M. A, and her Huf- band J. A. have by their Proxy aforefaid, under their Hands and Seals, confented that Letters of Adminiftration of all and fin^ gular the in tlje ^ccIefiaRicrt! Courts. 249 Names) of taking out Letters of Admini- ftration of all and fingular the Good';, Ciiat- teJs and Credits of the faid Deceaftd, have by their Proxies, under their Hands and Seals (which the faid G. now alfo exhibits) refpedively made choice of their faid Uncle J. B. to be their Curator or Guardian to all Intents and Purpofes in Law whatfoever, and more efpecially to take out the faid Letters of Adminifirarion of all and fingu.- ]ar the Goods, Chattels and Credits of the faid Deceafed, for their Ufe and Benefit alfo during their Minorities, as by the iaid Proxy, to which the faid G. refers himfelf, may more fully and at large appear j where- fore he prayed, and the Judge, at his Peti^ tion, admitted the faid Proxy of Confent and Choice of a Guardian aforefaid ; on which Day appeared perfonally the faid J. S. and alledged, that he was informed, 4nd did believe, that the faid J. B. died a Bachelor Inteftate, without leaving behind him Father, Mother, Brother, Sifter, or any other Relations, and therefore he did procure Letters of Adminiftration of his Goods and Chattels by the Name of J. B. to be granted to him, as principal Creditor of the faid Deceafed, in the Month of — and that fince the obtaining the fame, to wit, very lately, he hath been credibly in- formed, and verily believes, that the fa-d J. B. left behind him the faid M. A. M. B. and A. B. who are his natural and lawful Sifters, and only next of kin ^ wherefore the faid y. S. does now voluntarily, and of his own Accord, bring in and leave in the Re- giftry of this Court the faid Letters of Ad- piiniftratioa minlftration of the faid Deceafed, granted to him as aforefaid by the Name of J. B. and prays and confents that the fame may be declared null and void to all Intents and Purpofes in Law whatfoever ; and the Judge, at his Petition, and with his Con- lent, did declare the fame null and void ac- cordingly : This being done, and at the further Petition of the faid G. exhibiting his Proxy for the faid y. B. and alledging him to live in remote Farts, the Judge, at his Petition, decreed the faid Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid y. B. to be granted and committed to the laid y. B. as Guardian to the faid M. B. and y^. B. and for the Ufe and Benefit of the faid M. A. and M. B. and A. B. during their refpe61ive Minorities, until they, or one of them, fliall attain to the Age of Twenty-one Years, and alfo a Commiflion to take the Oath, and alfo the Bond of the faid y. B. for his due and faithful Admini- ftration in the Perfonal Eftate of the faid Deceafed, to be dire61:ed to the Reverend y. B. r. R. and D. E. Clerks, refpedively refiding in or near the County of — jointly and feverally. A in tijc Ccclcfiafiical Coiiit«5. 251 A Troxy for a Minor to choofe a Qnardian^ i?i order to re7iou?ice Let- ters of Admiiiifiration* KNOW all Men by thefe Prefents, That I J. R. the natural and lawful Son of J. K. late of in the County q{ deceafcd, being in my Minority, (to wit,) of the Age of Years, but under the Age of Twenty-one Years, and therefore incapable of either ading in my cwn Name, or of taking upon my felf, or renouncing the Letters of Adminiftration of all and fmgular the Goods, Chattels and Credits of my faid late Father deceafed, have, and by thefe Prefents do make choice of my Uncle fZ"! IV. to be my Curator or Guardian for me, and in my Name, to renrunce the Letters of Adminiflration of the Goods, Chattels and Credits of the faid Deceafed i and to the End that this my Election of a Guardian may have its due EfFed: in Law, I do hereby nominate and appoint E. G. Notary Publick, and one of the Procurators General of the Arches Court of Canterbury., to be my Proftor for me, and in my Name to ap- pear before the Right Worfhipful J. B. Doitor of Laws, (^here hjfcrt the I'itle of the Judged of the Court of — his Surrogate, or fome other competent Judge in this Behalf, to exhibit this my ^ledriion, and to pray the fame to be ad- mitted 25 i Cfje CleiW 3Iii(tcuaoi mitted and enacted, and the faid *T. W. to be afligned my Guardian to all Intents and Purpofes in Law whatfoever, and more efpecially to renounce (for me, and on my Behalf) the Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed , and I do hereby promife to allow for firm and valid ail and whatfoever my faid Pro6lor (hall lawfully do, or caufe to be done for me, and in my Name, in and touching the Pre- miiTes. In JVitnefs whereof I have here- unto fet my Hand and Seal this — Day of — "-^ in the Year of our Lord Signed and fealed by the faid J. R. (being firft duely ftamp'd according to A61 of Parliament) in the Prefence of us C. D. fn tlje €cclefiaftical CouttjJ* 253 J Troxy of Jcceptation of the Guar- dianJJjip a?id Re?iu7iciation aforefaid. Whereas J. R. late of in the County of departed this Life Inteftate, without making any Will, leaving behind him S. R. his Widow and Reli6>5 and alfo J. K. a Minor, his natural and lawful Son ; and where- as the faid S. K. hath renounced the Letters ofAdminiftration of the Goods, Chattels and Credits of the faid De- ceafed, and the faid J. R. being in his Minority, hath made choice of me ST. If. to be his Guardian, in order on his Behalf to renounce the Letters of Adminiftratioh of all and lingular the Goods, Chattels and Credits of the faid Deceafed. NO W know all Men by thefe Prefents, That I the faid ST*. IV. do hereby ac- cept of the Tuition and Guardianlliip afore- faid, and as Guardian of the faid Minor do renounce the Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed j and to the End that this my Acceptation of the faid Guardianihip, and Renunciation of the faid Letters of Adminiftration, may have their due EiFed: in Law, I do hereby nominate E. G. Notary Publick, and one of the Pro- curators of the Arches Court of Canter- hitry., to be my ProClor for me, and in my Name to appear before the Right Wor- fhipful 254 ^6^ €1^1"^ JMnmi fliipful J. B. Do6tor of Laws, Qjere infert the 'Title of the Judge') of the Court of • ■ his Surrogate, or fome other competent Judge in this Behalf, to exhibit this my Proxy of Acceptation ofthefaid Guardianfh'p, and alio my Renunciation of the faid Letters of Adminiftration of the Goods, Chattels and Credits of the faid y. R. deceafcd, as Guardian of the faid Minor, and to pray the fame to be ad- mitted and enacted accordingly, and like- wife to pray me to be afligned Guardian to the faid Minor to all Intents and Purpofes in Law whatfoever, and more efpecially for the Purpofes before recited ; and I do hereby promife to allow for firm and valid, and fo forth, (as in the other Proxy). Jn in t6e ecclefsaffical €omt^* 25 j Ju JU of Court tipofi granting an Jdmiiiiflration where a Voluntatem cf the Jtidge zvas appointed to hear and determine the Right and 'Title thereto^ between the Crown and the 7iext of Kin of the Dtceafed, Our Sovereign Lord thel King againft R. R. > R. B. 3 ABufinefs of granting'"' Upon which Letters of Admini- Day R. appear- ftration of all and fingular ed and exhibit- the Goods, Chattels and j ed his Proxy, Credits of C D. late of the aod made him- Parifh of in the Coun- felf a Party for ty of Widower, de- ^-our faid Sove- ceafed, promoted by our reign Lord the Sovereign Lord the King, King, and al- by E. G. R. his Pro6tor, ledged, that the againft R. R. pretending faid Deceafed to have Intereft. departed this ^ Life a Widower Inteftate, without making any Will, leaving behind him neither Children, Father, Mother, Brother, Sifter, Uncle, Aunt, or any other Relation whatfoever, therefore he prayed that Letters ofAdmi- niftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed might be committed and granted to a Per- fon hereafter to be named, for the Ufe of our faid Sovereign Lord the King, in the Prefence of J5. exhibiting his Proxy for the faid fald R. R. and making himfeJf a Party for" him, and alledging, that the faid C D. the Party in thisCaufe, deceafed, departed this Life on or about the — —^ Day of • • in the Year of our Lord • Inteftate, be- ing a Widower, without Children or Pa- rents ; and that his faid Client R. R, was and is the Coufin German once removed and next of Kin of the faid Deceafed ; and that in a Caufe formerly depending in this Court of — againft R. R. and B. B. touching the granting Letters of Adminiftration of the Goods of the faid Deceafed, the Judge of this Court, after hearing the Advocates and Prodlors on both Sides, did on the ■ of in the Year of our Lord ■ decree the Adminiftration of the Goods of the faid Deceafed to the faid R. R. as Coiifm German once removed and next of Kin of the faid Deceafed- and that in pncther Caufe or Bufinefs afterwards de- pending in this Court concerning the Grant: of the faid Letters of Adminiftration pro- moted by the faid R. R. againft A. C the pretended Niece and next of Kin of the faid Deceafed, and E. F. the pretended Coufin German and next of Kin of the faid Deceafed, the feveral Parties having re- fpe(^Vively propounded their Interefts, the faid Judge rightly and duely proceeding on the Seffion of Term, to wit, the Day of in the Year of our Lord after having heard the Advocates and Prodors on both Sides, did interpofe his Interlocutory Decree, having the Form and lifFc<3l of a final definitive Sentence, and did thereby dired that the Letters of Ad- miniftration' in tU ecclcnadfcnl Cctirtie?. 257 miniftration of the Goods, Chattels and Credits of the faid Dcccifed, granted and committed on the Day of -in the Year of our Lord to the faid JR.. R. as Coufin German once removed and next of Kin of the fiid Deceifed, fhould pafs and iffue under the Seal of this Court, and that the faid 71. R. accordinjj;Iy was and is duely fworn Adminlftrator of the faid De- ceafed, and his entered into a Bond for his due and faithful Adminiftration of the Goods of the fiid Deceafed, by Virtue of the faid Decree, in the Penal Sum of Pounds, together with two good and fuffi- cient Securities, reported to be fuch by the proper Officer of this Court, and that this Caufc or Buunefs was and is by reafon of the PfcmifTes otherwife determined and ad- judged i and therefore he prayed that the Letters of Adminiftration of the Goods, Chattels and Credits of the faid Deceafed may iffue under the Seal in the Name of the faid R. R. purfuant to the faid Inter- locutory Decree of the Judge of this Court, the fa'd G. diffentin^, and alledging, that he doth appear in this Bufinefs for his Ma- jefty's Intereft by the fpecial Command of his Miijefty ; that his Majefty was not a Party in Judgment by his Prodor in either of the faid Bufineffes depending in this Court between the faid C. againft R. R. and B. or between the faid R. R. A C. and E.F. and doth alledge as before, that the faid C. D. is dead Inteftate, without leaving behind him any Child, Father, Mother, Brother, Sifter, or any other Relation whatfoever in any Degree of Kindred, and doth deny the S In-- Intereft of the faid K.^s Client, and there- fore the Prayer of the faid R. ought not to be granted, but ought to be reje6led, and the faid G. prays the fame to be re- jeded, and the Letters of Adminiftration of the Goods, Chattels and Credits of the faid Deceafed, to be granted and com- mitted to the Perfon to be named for the Ufe of his faid Majefty j whereupon the Judge affigned to hear the Petition of both Prodors next Court-Day. ^ Troxy of Ke72U7tciatio7z of Letters of Admifiiflratiojt De bonis non, &c. or Goods left unadm'mifired hy the 'R.eli'ci and T^anghter of the T)e- ceafed refpe^hely^ made hy two of the Gra7idchildren a7id 7iext of Ki7i. Whereas E. T. late of the Parifh of in the County of deceafed, de- parted this Life Inteftate, without making any Will, leaving behind him C. T. his Widow and Relidt, as alfo yl. C (the Wife of 5^. C) his natural and lawful Daughter j and whereas the faid C. T. Widow, and A. C. are fince dead, leaving behind them re- fpectively Goods, Chattels and Cre- , d its of the faid E, T. deceafed, unad- miniftred. NOW know all Men by thefe Prefents, That we D. N. and A. N. two of, t he Grandchildren and next of Kin of the faid in tJ)Z eccMattictd Cciirtii. 25^ faid E. T. deceafed, for divers good Caufes and Confiderations us hereunto rcfuedlivcly moving, have, and do hereby renounce the faid Letters of Adniiniftration of all and lingular the Goods, Chattels and Credits of the faid E. 71 deceafed, left unadminiftred as aforefaid ; and to the End that this our Re- nunciation may have its due Effeil in Law, we do hereby jointly and feverally nominate and appoint T. IV. Notary Publick, and one of the Procurators General of the Arches Court of Canterbury, to be our true and lawful Prod:or, for us and in our Names to appear before the Right Worfliipful J. B. Dotlor of Laws, Qjere injcrt the lute of the Judge') of the- Court of his Sur» fogate, or fome other competent Judge in this Behalf, to exhibit this our Renuncia- tion, and to pray and procure the fame to be admitted and enaded ; and we do here- by promife to allow for firm and valid all and whatfoever our faid Proftor fliall law- fully do, or caufe to be done, for us and in our Names, jointly and feverally, in and touching the Fremi (Tes. In IVitnefsy &c. jD. N. Signed, ^c. J, N, S 2 A 26o €ljc ClCL'k'^ 3inat:tic?o| J Troxy for another Grandchild ajid 7/cxt of Ki7i^ bei/ig a Miliar^ to choofe a Gifardia?/^ in order to re- vonnce the faid Letters of Adimni- jiratlon for the Jaid Minor. W hereas E. T. late of the Parilli of ■ in the County of deccafed, de- parted this Life Inteftate, without making any Will, leaving behind him C T. his Widow and Relid, as alfo yl. C. (the Wife of J. C) his natural and lawful Daughter ; and whereas the laid C. 2\ Widow, and ^f C. are fiiice dead, leaving bthind them re- fpedtively Goods, Chattels and Credits of the faid E. T. deceafedj unadmini- ftred. N'OW know all Men by thefe Frefents, That I M. iV. one of the Grandchildren and nent of Kin of the faid F.. T. deceafed, being ij3 my Minority, (to wit,) o? the .Age of Years, and under the Age of Twenty-one Years, am thereby incapable in my own proper Name of renouncing the Letters of Adminiflration of all and fingular the Goods, Chattels and Credits of the faid E. T. deceafed, left unadminiftred as afore- faid, have, and do hereby make choice of my Brother D. N. to be my Curator or Guardian to all Intents and Purpofes in Law whatfoever, and more elpecially to the Intent of renouncing for me, and in my Name, in tijc Ccclcfiaflfcal Coiiit^, 261 Name, the faid Letters of Adminiilration of the Goods of the fiid Deceafed, fo left iinadminiftrcd as aforefaid ; and to the Knd that this my liledion or Choice of a Guar- dian m:-»y have its due Eifeci, I do hereby nominate and ?*ppoint I". IV. Notary Pub- lick, and one of the Procurators General of the Arches Court of Canterhmy-i to be my true and .'awful Prodlor for me, and in my Name, to appear before the Right vVor- iliipful 'J. B. Dodor of Laws, (^herc iufcrt the Title cf the Jndge'^ of the Court uf iiis Surrogate, or fome other com- petent Judge in this Behalf, to exhiiit this mv EIed"ion or Choice of a Guardian to pray and procure the fame to be admitted and enaded, and the faid D. A^. my Bro-* thcr to be my Curator or Guardian to all Intents and Purpofes in Law whatfoever, and more efpecially for the Purpofes be- fore recited ; and I do hereby promife to allow for firm and valid all and every Thing my fiid Prodtor fliall lawfully do, or caufe to be done, for me and in rny Name, in and touching the FremifTes. In U'itnefs^ and fo forth. M. N. Signed, Sc, S 3 ^ 262 €l)z Clei1t'0 31nftaicto| J Troxy of Jcceptatio7i of the [aid Gnardianflnp^ and Kefi7fnciation of the faid Jdminiftration Di' bonis non, as Quardicm to the faid Minoi\ Whereas E. T. late of the Parifh of ■ in the County of deceafed, de- parted this Life Inteflate, without making any Will, leaving behind him C T. his Widow and Relid, as alfo /i. C. (the Wife of J. C his natural and lawful Daughter j and whereas the faid C 2? and A. C. arc fince dead, leaving behind them refpedlively Goods, Chattels and Credits of the faid E. T. deceafed, unadminiftred , and whereas M. N. one of the Grand- children and next of Kin of the faid Deceafed, being in her Minority, to wit, of the Age of Years, and under the Age of Twenty-one Years, and thereby incapable in her own pro- per Name (according to Law) of re- nouncing the laid Letters of Admini- ftration of the Goods of the faid E, T. deceafed, left unadminiftred as afore- faid, hath therefore madechoice of her Brother D. A/, to be her Curator or Guardian to all Intents and Purnofes; in Law whatfoever, and more efpe- cially as Guardian to renounce for her, and in her Name, the faid Letters of ' Adminiftration of all and fingular the Goods, fit tl)t €cclztMic^l Courts* 253 Goods, Chattels and Credits of the faid E 2' deceafed, fo left unadmini- ftred as aforefaid. NO W know all Men by thefe Prefents, That I the faid D. N. for divers good Caufes and Gonfiderations me here- unto fpecialiy moving, have, and do here- by accept of the Tuition and Guardianfhip of the faid AI. N. the Minor aforefaid, and as Guardian do renotmce the faid Letters of Adminiftration of the Goods of the faid Deceafed j and in order that this my Accep- tation thereof, and Renunciation, may have their defired and due EfFe6l, I do hereby no- minate, conftitute and appoint ^. //< Notary Publick, and one of the Procurators General of the Arches Court of Canterluryj to be my true and lawful Prodtor, for me and in my Name to appear before the Right Wor- fhipful J. B. Do6i:or of Laws, (Joere infert the 1'itle of the Judge') of the Court of ' his Surrogate, or fome other com- petent Judge in this Behalf, to exhibit this my Acceptation of the Guardianfhip afore- faid, and to pray the fame to be admitted and enabled, as alfo to pray that I may be afligned Guardian to the faid Minor to all Intents and Purpofes in Law whatfoever, and more efpecially, as Guardian to the • faid Minor, to renounce for her, and in her Name, the faid Letters of Adminiftra- tion of all and fingular the Goods, Chattels and Credits of the faid E. T. deceafed, fo left unadminiftred as aforefaid, and to pray this my Renunciation thereupon to be ad- mitted and enacted accordingly , and I do S 4 hereby hereby promife to allow for firm and valid all and every Thing my faid Proctor (hall lawfully do, or caufe to be done, for me and in my Name, in and touching the Pre- niifles. In Witncfs whereof I have hereunto fet my Hand and Seal the Day of ■ in the Year of our Lord Signed and fealed by the faid D. N. (being firft d'jely ftanip'd according to Act of Parliament) in the Prefence of us yf. B. C D. D. N. Jn in tlje fficclcfinltical Cctitt^. 255 Aji A'cl of Court npo7i reiioimchig hy Troxy a?i Jd?ni72iftration of Goods left 71 ?md mi 721 fired by the Ueceafeds Wido'U) ajid ^JDarjghter^ iitade hy two of the Gra7idchildren a7id 7iext of ki77^ as alfo 7Jpo7i choofi77g and ajfigii- i7ig a Guardia7i^ Acceptatio7i of the faid Gnardla7i(ljip^ a7id re720tmcing as Gnardia7i the faid Adjj2i72ifiration for a7iother Gra72dchild a Mi72ori as alfo 7/p072 gra7Jti7Jg the faid Ad7f2iin' Jfratio7i to the Exectitor of the *De- ceafed's Widozv, On the > Day of ^c. A Bufinefs of renoun-" cing the Letters of Adminiftration of all and fingular the Goods, Chat- tels and Credits of E. T, late of the Parifh of in the County of deceafed, (left unadmini- ftred by C T. his Widow and Relid, as alfo by yl.C (Wife of 7. C.) the natu- ral and lawful Daughter of the faid Deceafedj made by D. N. and ^. N. the Grandchildren and next of kin of the faid Deceafed, as alfo of electing and af- figning D. N. to be Cura- Upon which Day /r. exhi- bited a fpecial Proxy under the proper Hands and Seals of the faid D. N. and y^. N. and made himfelf a Party for them, and alledged, that the faid E. T. departed this Life In- teftatc, without making any Will, and that Letters of Ad- tor 266 m)z Clerlt'iS 3!n(!aig0| miniftration of all and fingu~ lar the Goods, Chattels and Credits of the T. de- were and tor or Guardian to all In- tents and Purpofes in Law whatfoever to M. N. the Grandaughtcr and next of kin of the faid E. T. de- ceafed, as alfo of Accepta- tion of the faid Guardian- fhip and renouncing the Letters of Adminiftration of the Goods left unadmi- niftred as aforefaid, made by the faid D. N. as Guar- dian to the faid 31 N. a Minor, as alfo a Bufinefs of granting the faid Letters of Adminiftration of the Goods Jeft unadminftred as aforefaid to B, H. the Executor named in the laft: Will and Teftamcnt of the faid C T. Widow, deceafed. ] IK J ving Goods that after her -Death Letters of Admini- ftration of fuch Goods and Effects left un- adminiftred by the faid C. T. the Widow and Reiiit as aforefaid, were granted and committed to ^. C (Wife of J. C) the natural and lawful Daughter cf the fiid E. 7\ deceafed, out of the -Court a- forefaid, upon the • Day of ; — and that the faid ^. C. is fince dead, lea- ving Goods unadminiftred ; and the faid If^. further alledged, that the faid D. AT. an^ A. N. were and are the natural and law- ful Grandchildren and next of kin of tfiQ i^id E. T. deceafed j thjit the faid D. it and faid E. ceafed, granted committed to C 2: his Wi- dow and Reli6t, out of the Court of on the — Day of that the faid C T. after that fhe had intermeddled with the Efireds of the faid De- ceafedjdeparted this Life, lea- unadminiftred ; In tlje ecclcfiaffical Coutt^* 267 and A. N. for divers good Caufes and Confiderations them thereunto fpecially moving, have refpedively renounced the Letters of Adminiftration of the Goods left unadminiftred by the faid C. T. the Widow and Relid, and A. C. the Daughter of the faid Deceafed, as aforefaid, as by the faid Proxy (to which the fafd ^. refers him- felf) may appear ; wherefore the faid If. prayed, and the fiid Surrogate, at his Peti- tion, admitted the faid fpecial Proxy and Renunciation, .and thereupon decreed Let- ters Teftimonial to be granted, which being done, the faid IF. exhibited a fpecial Proxy under the proper Hand and Seal of M. N. and made himfelf a Party for her, and al- ledged, that his faid Party is alfo the Grandaughter and next of kin of the faid E. T. deceafed • and that the faid M. N. is a Minor, to wit, of the Age of -Years, and under the Age of Twenty-one Years, and thereby incapable, in her own proper Name, to renounce the Letters of Admini- ftration of the Goods of the faid E. T. left unadminiftred as aforefaid, wherefore (he made choice of her Brother D. AT. to be her Curator or Guardian to all Intents and Purpofes in Law whatfoever, and more efpecially to the Intent of renouncing for her, and in her Name, the faid Letters of Adminiftration of the Goods left unadmini- ftred ns aforefaid, as by the faid Proxy be- fore exhibited, to which the laid IV. refers himfelf, may appear j wherefore the faid IV. prayed, and the Judge, at his Petition, ad- mitted the faid Proxy and Bleclion or Choice 258 €lje Cleck'^ 3nafuSoi Choice of a Guardian, and thereupon de- creed Letters Teftimonial to be granted ; this being done, the faid IV. exhibited a fpecial Proxy under the proper Hand and Seal of the faid D. N- and made himfelf a Party for him, and alledged, that the faid D. N. hath accepted of the Tuition and Guardianlhip of ilf. N. the Minor aforefaid, and as Guardian to the faid Minor, for her and in her Name, hath renounced the Let- ters of Adminiftration of the Goods left un- adminiftred as aforefaid, as by the faid Proxy before exhibited (to which the faid //'. refers himfelf) may appear ^ whereupon the faid IV. prayed, and the faid Surrogate, at his Petition, admitted fuch Proxy, Ac- ceptation of the faid Guardianlhip and Re- nunciation aforefaid, and thereupon decreed Letters Teftimonial to be granted, which being done, appeared perfonally the faid B. H. and alledged, that he is the Executor ramed in the Will of the faid C. T. Widow, deceafed, and that he proved the faid Will in common Form in the Court of on the Day of in the Year of our Lord as by the Ads of the faid Court (to which he refers himfelf) may appear; ■wherefore he prayed, and the faid Surro- gate, at his Petition, decreed Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid E. T. deceafed) left unadminiftred by the faid C. T. W^idow, deceafed, as alfo by ^t C. the Daughter deceafed) to be grant- ed and committed to him, giving fufficient Security for the fame, and alfo adminiftred xo fit tU fficclefiaftical Coutt^. to him the ufual Oath required by Law in this Behalf. This I atteft, R. /^ Notary Publick. 25p ^// y^f? of Court upon the Widows Re^ 7iu7?ciatio?i^ as alfo upo7i her hei?ig chofen a7id ajfij^7ied Guardian to her Children^ both Mifiors a7id I7ifa7its^ by Troxies^ renoti7ici7ig Letters of Jdumiijiration thereby as Quardia7i to her [aid Children^ a7id gra7iti7ig the fame to a Creditor^ as alfo for a Coniiniffio7i to fwear hi?n Jdmi7/i' flrator. Day of- Lord in the Year of our ABufinefs of renoun-l cing the Letters of Adminiftration of ail and fingular the Goods, Chat- tels and Credits of J. 1". late of in the County of deceafed, made by M. T. Widow, the Relid: of the faid Deceafed, as alfo of ele61:ing and ap- pointing the faid M. ST. Curator or Guardian to all Intents and Purpofes in Law vvhatfoever to M. 1". and M, T. Minors, the >, Upon which Day IV. exhi- bited a fpecial Proxy under the proper Hand and Seal of the faidil/. yt Widow, and made himfelf a Party for her, and alledged, that the faid Deceafed de- parted this Life • Months natural natural and lawful Children fince Inteflate^ of the faid Deceafed, and without making alfo of appointing by the any Will, and Office of the Judge, the that his faid faid M. T. Guardian to J. ?! and J. ^. Infants, alfo the natural and lawful Children of the faid De- ceafed, and alfo a Bufinefs of renouncing the faid Letters of Adminiftration of the Good?, Chattels and Credits of the faid De- ceafed, made by the faid M. 1. as Guardian to the faid Minors and Infants, as alfo of granting the fame to M. L. principal Creditor of the faid De- ceafed. Party was and is the Widow and Relid: of the faid De- ceafed, but for divers good Caufcs and Confiderations her thereunto fpecially mo- ving, hath (by Virtue of the Proxy before exhibited) ex- prefly renoun- ced the Letters of Adminiftra- tion of all and fingular the Goods, Chattels and Credits of the faid Deceafed, rs by the faid Proxy, to which the faid IV. refers himfelf, may appear ; wherefore the faid IV. prayed, and the faid Surrogate, at his Petition, admitted the Proxy and Renunciation aforefaid, as far as by Law may be admitted and ena61:ed, and thereupon decreed Letters Teftimonial' to be granted j then the faid IV. exhibited a fpecial Proxy under the proper Hands and Seals of the faid M. ST. and M. ST. and. made himfelf a Party for them, and alledged, that his faid Parties were and are the natural and lawful Children of the faid Deceafed, but are refpedively in their ^ Mino-* Minorities, to wit, the faid M. 1". of the Age of Years, and the faid M. 'f. of the Age of Years, but that neither of them have yet arrived to the Age of Twenty-one Years, and for that reafon are incapable in Law of taking upon them the Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed, or of renouncing the fame in their own proper Names ; wherefore, by Virtue of the fpecial Proxy before exhibit- ed, they have refpe61ively made choice of the faid M. "it. their natural and lawful Mother, to be their Curator or Guardian to all Intents and Purpofes in Law what- foever, and^more efpecially to the Effe6l as Guardian, to renounce for them, and in their Names, the faid Letters of Admini- ftration of all and fmgular the Goods, Chattels and Credits of the faid Deceafed ; wherefore the faid M'''. prayed, and the faid Surrogate, at his Petition, admitted the Proxy and Eledion, or Choice of the Guar- dian aforefaid, as far as by Law can be admitted and enabled, and thereupon de- creed Letters Teftimonial to be granted ; then the faid IV. exhibited a fpecial Proxy under the proper Hand and Seal of the faid M. 'T. and made himfelf a Party for her, and alledged, that his faid Party bath accepted of the Guardianfhip of the faid Minors ; wherefore the faid IV. prayed, and the faid Surrog^.te, at his Petition, admitted the faid Proxy and Acceptation, as far as by Law may be admitted, and afngned the faid M. T. Guardian to the faid Miuors^ to all 272 ^\}t Clerfi'0 3fn(!t:uSo? all Intents and Purpofes in the Law what- foever, and efpecially to the Effedl of re- nouncing for them, and in their Names, the laid Letters of Adminiftration of the Goods, Chattels and Credits of the faid Deceafed ; then the faid ir. alledged, that the faid M. ^. by Virtue of the Proxy oe- fore exhibited as Guardian chofen by che~ faid Minors, renounced the faid Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed, as by the faid Proxy fpecially executed under the proper Hand and Seal of his faid Party (to which he refers him- felf) may appear; wherefore he prayed, and the Ciid Surrogate, at his Petition, ad- mitted the faid Renunciation, as far as by Law may be admitted and enacted, and thereupon decreed Letters Teftimonial to be granted j then the faid IV. alledged, that the faid J. T. and J, 7! were and are alfo the natural and lawful Children of the faid Deceafed, but arc refpedively in their In- fancy, (to wit,) under the Age of feven Years, and thereby rendered incapable in Law of taking upon them the faid Letters of Adminiftration, or of renouncing the fame, or of choofing a Guardian to do either the like Purpofes aforefaid ; and that the faid M. 1'. Widow, his Party, by Vir- tue of the laft Proxy, exhibited, accepted, and took upon herfelf the Guardianfhip of the faid infants, and as Guardian renounced for them, and in their Names refpedivcly, the faid Letters of Adminiftration of the Goods of the faid Deceafed ; wherefore the faid IV. prayed, and the Judge thereupon, I at Ill tfje Ccclcfiaffical Courts* 273 at his Petitioi), by Virtue of his Office, alTigned the {^\id M. 1'. Widow, Guardian to the faid Infants to all Intents and Pur- pofes in the Law whatfoever, but more t'fpecially to the Effecfl and Purpofe of re- nouncing for them, and in their Names, the faid Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed, and moreover admitted the Renunciation made by the faid M. 1". Widow, as Guardian of the faid Infants, as far as by Law may be admitted and enaded, and thereupon decreed Letters Teftimonial to be granted ; which bising done, the faid IV. exhibited his Proxy for the faid M. L. and made himfelf a Party for her, and alledged, that fhe was and is the principal Creditor of the faid Deceafed, and is now refiding in remote Parts; where- fore the faid /F. prayed, and the faid Surro- gate, at his Petition, decreed Letters of Adminiftration of all and fingular the Goods, Chattels and Credits of the faid Deceafed, to be granted and committed to her, giving fufficient Security for the fame, as alfo a Commiflion to fwear her, and to take the ufual Oath and Bond given in this Behalf, to be direded to the Reverend C. ^. R. G. ST. H. and /, P. Clerks, refpe6lively refiding in or near the County aforefaid, jointly and feverally. This I atteft, B. D. Notary Publick. 274 '^5^ €itth'0 inmmt J l^ecree a^a'uift Si^reties^ to Jl.ie'so Ca-f/fe zvlj^ cm Adm'niiflratiofi l^orid JJjo/fIci fiot he ddwired out in order to be pkadiid and find at Common By Divine — (Joere name the V V • Archbifiop or Bijloop to ivhofe Pro- vince or Diocefc the Caufe belo77g5') To all and fingular Clerks and literate Perfons whomfoever and wherefoever in and thro'- out our whole of Greeting: Whereas the Right Worfhiptul J.B. Dodor of Laws, inhere infert the 1'itlc of the 'Jiidge') of our Court of lawfully ap- pointed, rightly and duely proceeding in a certain Bufinefs of exhibiting an Inventory, and rendring an Account of the Goods, Chattels and Credits o^J.C. late of • in the County of ■ deceafed, [// in the Prercgative Court of Canterbury, infert the following Lines : Having whilft living, and at the Time of his Death, Goods, Chattels or Credits in divers Diocefes or Jurifdidtions, fufficient to found the Jurif- dicVion of our Prerogative Court aforefaid] and purTuant to an Ad: of Parliament in that Cafe made and provided, of allotting a Portion or Portions out of the faid Goods, Chattels and Credits of the faid Deceafed, to C K. the Niece by the Sifter, and next of km of the laid Deceafed, which came jud'cially before hini, between the faid C R. the Party Promovent, on the one Part, and S.K, Ill tfjc eaUtmkal €onrt£?. 275 S. R. the natural and lawful Sifter, and Ad- mi niftratrix of the Goods, Chattels and Credits of the faid Deceafed, the Party a- gainft whom the faid Bufmefs is promoted, on the other Parr, rightly and duely pro- ceeding at the Petition of the Proclor of the faid C. il. alledgng, that the faid^S*. R. had not duely adminillred the Goods, Chat- tels and Credits of the faid Deceafcd, or exhibited an Inventory of them, nor ren- dered a true and juft Account of her Ad- miniftracion, did therefore decree il. R. of the Patifh of and F. R. of the Parifh' of Sureties, bounden together with the faid S. R. for her faithful Adminiflra- tion of the Goods, Chattels and Credits of the faid J. C. deceafed, to be cited, inti- mated and called into Judgment to appear on the Day, Time and Place, and to the 'Eifet.l and Purpofe hereafter mentfoned, (Juftice fo requiring it ;) We do therefore authorize, impower, and ftridlly injoining command ye, jointly and feverally, peremp- torily to cite, or caufe to be cited, the faid R. R. and F. R. to cippear before our faid Commiffary, or his Surrogate, or fome other competent Judge in this Behalf, in (^bere mention particularly the Place of Ap^ pearavce^ and Place of Judicature there, on t-he Day of between the Hours of and -in thc' — noon of the fame Day, then and there to fnew Caufe, if they, or either of them, have or know any, why the Bond or (3bIigation given and entered into by them the faid R. R. and F. R. to- gether with the fa'.d .5". R. in our faid - Court of —for the faithful Adminiftra- T 2 ClOil 2']6 Clje t\zn\'^ 3ln(!tuaoi tlon of her the faid S. R. in the Goods, Chattels and Credits of the faid J. C. de- ceafed, (hould not be pronounced and de* clared as forfeited, or at lead why the fame fhould not be afligned and delivered out of the Regiftry of our Court of • aforefaid, to the faid C R. in order to be pleaded or fued at Common Law, and fur- ther to do and receive what unto Law and Juftice fhall appertain, under Pain of the Law, and Contempt thereof, at the Pro- motion of the faid C R. and that ye (hall moreover peremptorily intimate, or caufe to be intimated, to the faid R. R. and F. R. (to whom alfo we intimate by the Tenor of thefe Prefents) that if they do not appear at the Time, Place, and to the EffeSi aforefaid, or appearing do not fhew iufficient Caufe to the contrary, concludent in Law, our aforefaid, his Surro- gate, or fome other competent Judge in this Behalf, doth intend, and will proceed to pronounce and declare the faid Bond entered into by the faid R, R. and F. R. together with the faid S. R. for the faithful Adminiftration of her the faid S. R. in the Goods, Chattels and Credits of the faid y. C. deceafed, as forfeited, or at leaft to the Affigning and Delivering of the faid Bond or Obligation out of the Regiftry of our faid Court of to her the faid C R. to be pleaded and fued at Com- mon Law 3 and further intends, and will proceed to the Expediting all judicial Ad:s that fhall be neceflary and required by Law to be done and expedited in and about the Premifles, the Abfence, or rather Contu- macy, fit tU €alttmicii\ Coiict^* 277 macy, of them the faid K. R. and R R. fo to be cited and intimated as aforefaid in any wife notwithftanding ^ and whatever ye do, or caufe to be done, in the PrepiflTes, ye fhall duely certify our faid CommiflTary, his Surrogate, or fome other competent Jud^e in this Behalf, together with thefe Prefints. Dated, &c. J/2 AU of Court upon the Admi[fw7i of a7i Allegations fraying a 'Decree for J?2fwers^ ajid an Admiiiifiratio?!^ pendijig Suit* — — SefTion of Term, to wit, the Day of ^c. 11 againft B\ G. H. S UPON the Admiflion of the Allegation given by H. and a Copy thereof being delivered three Days before this Day. On which Day H. prayed his Allegation to be admitted in the Prefence of G. diflTenting thereto, and alledging, that the faid Al- legation is not concludent in Law, and ought not by Law to be admitted, and praying the fame to be rejected, and Right and Juftice to be done to his Client ^ where- upon the Judge, at the Petition of H. ad- mitted the fa;d Allegation, decreed the faid .S". //. Wife of the faid N. IL as alfo the faid J. H. and E. II G.'s Clients, to pG cited at the faid G.'s Chambers, to ap- T ?. pe^r 7S 'SlIjc €lttl\0 Jneructoi pear the Sefnon of next Term, ^nd give their Perfonal Anfwers to the Pofitions or Articles of the faid Allegation, under Pain of the La\y and Contempt thereof j this being done, the faid G. as he aiferted, gave an Allegation, and prayed, and the Judge, at his Petition, afligned to hear thq Admiflion thereof upon the next Court- Day, a Copy thereof being delivered to H. two Days before that Day, and then the faid G. alledged, that E. B. late of the Parifh of in the County of -^ the Party deceafed, in this Caufe, died pofTeffed of a great Perfonal Eftate, and that fome Part thereof confifted in Brandy and Spirits, which will daily lefTen in Value by their Wafting and Leekage; and that feveral Debts which are owing to the faid £. B. are accounted dubious, and are in a great Danger of being loft, unlefs fome proper Perfon fliall not be fpeedily appoint- ed by the Authority of this Court to receive the fame ^ and in order to verify what the faid G. fo alledged, he the faid G. exhibited two Affidavits, which the Judge, at his Pe- tition, admitted ; and then the faid G. prayed Letters of Adminiftration of the Goods and Chattels of the faid E. B. du- ring the Suit only, to be committed and granted tp G. B. and ofterred to give any Security to the Court for iiis due Admini- ftration therein ^ whereupon the Judge, ha- ving firft heard Advocates and Pro61ors on both Sides, decreed the faid Letters of Ad- miniftration of the faid Goods, Chattels and Credits of the faid E. B. pending this Su\% ^pnly, to be committed and granted to G. Bo in tlje €ccIrna!TfCu[ Courts?* 279 G. B. of the Parifh of in the County of • Diftiller, in cafe the faid H. doth not obje(!:t to the faid G. B. as not being a proper Perfon to have the faid Adminiftra- tion by— next, he the faid G. B. giving lUfficient Security to the Court in the Sum of Pounds, for his due Adminiftra- tion in the faid Goods, Chattels and Cre- dits of the faid E. B. decealed, during this Suit only. J 'Decree for Terfojial J/jfzvers. WBy Divine ■ Qbere infert the • ArchhijJjop or Bifiop to ^^johofe Pro- vince or Diocefe the Caufe belongs^ To all and fingular Clerks and literate Ferfons •whonifoever and wherefoever in and thro'- out our whole of- Greeting: Whereas (^) the Right Worfhipful J. B. (d) If decreed Doctor of Laws, Qhere mention the 'I'itle ofhy a Surro- the Judge) of the Court of > law- mj^> ^n^e^t fully appointed in a certain Caufe, (^b) hath, w^j^^reas^^ ^" at the Petition of the Pro6ior of the faid y, j, Surro- P. 2^. alledging, that the faid I'. C. is the gate of the more lawful Perfon from whom fhe Truth ^^']Z^}^ ^^or- in this Behalf may be better drawn and in- J!^ Den-ib quired into, than from his Prochor exer- tjie Caufe, cifing for him in this Caufe, decreed the Names of the faid y". C. to be cited and called into Judg- Parties, and ment to appear on the Day, and at the ^^^^^^ °^ ^^^ Time and Place, and to the Effed here- under written, ^Juftice fo requiring;) there- fore we impower, and by injoining ftridly command ye, jointly and feverally, pe- remptorily to cite, or caufe to be cited, T 4 the ?8o -gt&e €ltth'0 31n(!ni5foi the faid fT". C. by the Execution of thef^ Prefents, on Mr. B. R. Notary Publick, his Prodor, that he appear before our CommifTary aforefaid, his Surrogate, or fome other competent Judge in this Behalf!> in {berc defcribe particularly where the Caufe (a) Specify /j heard) and Place of Judicature there (a)^ the Return ^^^^ ^^^ ^^^^^ ^^ Aniwer, by Virtue of his corporal Oath, to the Pofitions or Articles (i) If any of a certain Allegation (b) given in and ad- Exhibits be mittcd in the faid Caufe, on the Part and pleaded add Behalf of the faid P. T. and further to do {■ pp'P vv orcl s /nd Exhibits ^"^ receive what unto Law and Juftice thereunto an- ^all appertain, under Pain of the Law, and aexed. Contempt thereof ^ and whatfoever ye fhall do, or caufe to be done in the Premiffes, ye fhall duely certify our -aforefaid. Cohere luemion the 'Title of the Judge) his Surrogate, or fome other competent Judge in this Behalf, together with thefe Prefents. Bated Sit ' the Day of— -^j't. An in tf)e €ccleriarticai €omt^. zii All AB of Court tipon exhibiting Let- ters of Requeji from an Jrchhifhop^ md granting a Tiecree for Terfonal J??fwers thereupon. A On — '' Day of ^c. Bufinefs of exhibiting"* Upon which Day G. exhi- bited his Proxy for the faid Letters Requifitorial under the Seal of the Arcii- bifhop of . in a certain Caufe depending in the ■ — ^E. H. and made Court of — between 7! E. himfelfa Party Gentleman, and E. H. for her, and alledged, that there is a certain Caufe now depending before the Worfhipful IV, IV. !Do(ftor of Laws, (Joere ififert the I'itle of the Judge) of the Court of pro- moted by the faid ^. E. againft the faid E. H. and that by reafon the faid ^. E. is now refiding within the Diocefe of the faid Dodtor IV. IV. had decreed Letters Requifitorial, directed to the Right Re- verend Father in God E. by Divine Per- miflion Lord Bifhop of his Vicar General, Surrogate, or fome other compe- tent Judge in that Behalf, thereby requeft- ing them to cite, or caufe to be cited, the faid 1". E. to appear before the faid Doctor W. IV. his Surrogate and Subftitute, in the (J3ere fpecify the Place where the Caufe is heard) in the accuftomed Place there, on •;— — the— Day of ' ^ between the Hours 282 -^Ije C(ci1x'0 Jiiflrutfo? Hours of and in the noon of the fame Day, then and there to anfwer to the Pofitions and Articles of an Allega- tion given in and admitted on the Part and Behalf of the faid E. H. as in and by the faid Letters Requifitorial, which the faid G. then exhibited, doth appear; wherefore the faid G- prayed, and the Surrogate afore- faid, at his Petition, did accept of the Exe- cution of the faid Letters Requifitorial, and ther'iupon decreed the faid 1'. E. to be cited to appear on the Day, Time and Place, and to the Effetl: in the faid Letters Requifitorial mentioned. j4 ^Decree for Tcrfonal Jnfwers upon Letters of Requefl from the Arch- hifioop aforefaid* EBy Dh'ine Permiflion Bifhop of — — - • To all and fingular Clerks and literate Perfons whomfoever and wherefoever in and throughout our whole Diocefe of Greeting: Whereas we have lately received Letters of Requeft from the moft Reverend Father in God I'V. by Divine Providence Lord Archbifhop o^ Canterbury^ Primate of all England and Metropolitan, To the Right Reverend Father in God E. by Divine Per- miflion Lord Bifhop of or his Subfti- tute or Surrogate, or to any other compe- tent Judge whomlbever. Greeting in the Lord : Whereas our beloved IV, IV. Dodor of Laws, Qoere infert the I'itle of the fudge') of our • Court of rightly and duely proceeding, hath decreed 2". E, Gentleman, t(& in tlje Ccclefiallical Courts* 2S| £o be cited and called before him under the Manner and Form, and to the EfFedl here- under written, (Juftice fo requiring it j) and whereas the faid 1^. E. is within your Jurifdidion, fo that without your Help, to the EfFedt hereunder written, he cannot be cited and called ^ therefore we (in Aid of Law and Juftice) require and ask, that by your Authority you will cite, or caufe to be cited peremptorily, the aforefaid 1'. E. that he appear before the aforefaid IV. W. Dodor of Laws, or his Surrogate or Subfti- t.ute, in the (Jjere 'particularly mention the 'Place where the Caiife is heard^ in the ac- cuftomed Place, upon the Day of - — — next enfuing, between the Hours of ■ and in the noon of the fame Day, then and there to anfwer perfonally to an Allegation, with Exhibits given in and admitted on the Part and Behalf of E. H. againll: him the faid 7". E. and fur- ther to obey the Lav/ in all Things, requeft- ing that what you fliall do, or caufe to be done, in the PremifTes, you fhall duely cer- tify, or caufe to be certified, our Com- miflary, or his Surrogate, or fome other competent Judge in this Behalf, the faid Day, Hours and Place, together with thefe Prefents, as we in the like Cafes fhall be ready to do at your Requeft j in Tefti- ^nony whereof we have put the Seal of our r -^ Court this Day of in the Year of our Lord ■ And whereas the Worfhipful E. K. Doctor of Laws, Sur- rogate of the Right Worfhipful //. H. alfo Doctor of Laws, (^here infert the ^itle of the Judge to whom the Letters of Reqtiejl are prefented) of our Court oF law-? fully appointed, (the faid Letters of Re- queft being firft prefented to him) rightly and duely proceeding, did, at the Petition of the Prodor of the faid E. H. accept of the Execution of the faid Letters of Requeft, in Aid of Juftice, and purfuant to the faid Letters of Requeft decreed the faid ST. E. to be cited and called to Juftice at the Day, Time and Place, and to the EfFe61:, and in Manner and Form hereunder written, according to the Tenor of the faid Letters of Requeft, (Juftice fo requiring i) We do therefore authorize, and ftridtly injoin and command you, and every of you, peremp- torily to cite, or caufe to be cited, the aforefaid fT. E. to appear before the afore- faid IV. IV. Dodtor of Laws, his Surrogate or Subftitute, (Jjere defcribe the Place where the Caufe is heard) in the accuftomed Place there, on the Day of — —next, between the Hours of and in the — of the fame Day, then and there to anfwer perfonally to the Pofitions and Ar- ticles of an Allegation given in and ad-^ mitted on the Part and Behalf of the faid E. H. againft the faid ^. E. and fuither to obey the Law in all Things j and whatfo- ever you do, or caufe to be done in the PremiflTcs, you (hall duely certify the faid IV. JV. his Surrogate, or any other com- petent Judge in this Behalf, together with thefe Prefents. Dated at the • Day of — — in the Year of our Lord in tje Scclefiaftical Coutti^. '2B$ 7'he EffeB of a Momtlon in a Com- ^ miffioji of A^j^raifemsnt. "'' BY Virtue of a Monition herewith fhewn unto you under Seal of the — Court of you are monifhed to fhew, or caufe to be fhewn, all and fingular the Goods, Chat- tels and Credits, as alfo all and every the Deeds, Writings, Books of Accounts and Papers, any Ways relating to the perfonal Eftate of y! D. late of the Parilh of > in the County of deceafed, unto R. B. and H. H. or to any or either of them, Com- miflioners named in a Commiffion of Ap- praifement, fflTued under the Seal of the faid Court, on the Part and Behalf of ill R. the natural and lawful ■— — of the faid Deceafed, upon M. ^. and IV. the Days of in the Year of our Lord or at any other Time and Place, to which the faid Commiflicners, or either of :hem, jointly or feverally Ihall adjourn the Execution of the faid Commiffion, in order that the fame m.ay be appraifed and reduced into an Inventory, to be annexed to and returned with the faid Commiffion of Appralfement, into the Regiftry of the faid Court, under Pain of the Law and Contempt thereof, at the Pro^ motion of the faid At R. 5i86 CIjc cCletk'0 3inffcuaoi' J Certificate iipoji executing Letter? of Reqiieft from an Jrchbifljop^ for taki7ig of Terfonal J/jfzvers, TO the moft Reverend Father in God If. by Divine Providence Lord Archbi- fhop of a?2d fo forth, as in other Cer° tificates : We J. A. Doilor of Laws, Sur- rogate to the Right Worfhipful H. H. alfo Do6tor of Laws, {here infert the Title of the Judge,) of the Right Reverend Father in God E. by Divine Permiflion Lord Bifhop Q,t • with all due Reverence to fo moft Reverend a Father, make known that E. H. did appear before us in — at ■ up- on the iDayof in the Year of our Lord and did prefent unto us the CommifHon hereunto annexed, for taking the perlbnaj Anfwers of the faid E. H. to the Pofirions or Articles of the Allegation annex- ed to the faid Commiflion, and did defire our Acceptance of the Execution of the faid Commiflion, and that at the Prayer of the faid E. H. we did accept of the Execu- tion thereof, and did alTume to ourfelves E. G. Efq; for our Ad:uary or Scribe therein •, this being done, we did adminifter the ufual Oath to the faid E.H. to make true Anfwers to the feveral Articles or Pofitions of the faid Allegation annexed to the faid Commif- fion, who being fworn did upon her Oath make and give the Anfwers hereunto annex- ed to the faid Pofitions or Articles of the faid Allegation, and did afterwards fubfcribe 2 the fn tlje CcclcCiaflical Courts. 2S7 the fame, and was repeated thereto in our Prefence, and did acknoecree to he exe- cuted 071 the Royal Exchange, to cite a Terfon abroad to accept or re- ftife an Admi7iijlratio7i^ 171 order to fuhfta7itiate Troceedi77gs 171 the Court of Eicchequer. On the Day of — - Si'r. J A. of the Parifh of- ■ in the County • of Gentleman, maketh Oath, that he this Deponent, and A B. with others, did exhibit their Bill of Complaint in his Majefty's Court of Exchequer againft R. P. P. F. and A. his Wife, and others ; and that the faid A. R (Wife of the faid P. F.) died fince the exhibiting the faid Bill in the Parifh of • in the County of— — Inteftate, as he this Deponent hath been informed and believes, and that further or other Proceedings cannot be fafeJy had in the faid Caufe depending in the faid Court of Exchequer between the faid Par- ties, or a final Decree obtained therein, as he this Deponent is advifed, until an Ad- miniftrator of the Goods and Chattels of the faid A. F. deceafed, be made a Party in Judgment in the faid Caufe and Anfwer to Hjlie faid Bill -, and this Deponent doth further make Oath, that he hath been in-p formed an,d does verily believe, that the faid in tlje Cccltfiaflical Courts* 3^^ faid P. F. Husband of the faid y^. F. de- ceafed, does now refide in or near the Town or City of in in Parts beyond the Seas. J.J. y. y^. was fworn to the Truth of the PremilTes, before me R. C. Surro- gate, prefent R. B. Notary Publick. A 7)ecree to he execfited oji the Royal Exchange, io cite a Terfo7i abroad to accept or refufe an Admi?iiJ}ratio7iy otherzvife to Jhew Canfe ijohy the fame OJJght not to he gra?ited to [ovie Ter- [on to he namedy in order to fuh- Jiaiitiate Proceedings in the Court of Excheqjier. WBy Divine Providence Archbifliop • of Canterbury^ Primate of all Eng- land and Metropolitan, To all and finguhr Clerks and literate Perfons whomfoever and wberefoever in and throughout our whole Province oi Canterbury^ Greeting: Whereas it hath been alledged before the Worfhipful y. A. Dodor of Laws, Surrogate to the Right Worfhipful J, B. alfo Dodor of Laws, Mafter, Keeper or Commillary of our Prerogative Court of Canterbury-, law- fully conftituted, on the Part and Behalf of J. A. A. B. F. G. and E. L. Clerk, and M. L. otherwife D. (Wife of the faid E.L.) and A. N, that one P. F. being indebted to the 302 Zl)t Cfcrl^'^ anf!mii[o? the faid J. A. F. G. and AL L. (then 31. D. Widow) in feveral Sums of Money, a- niounting in the Whole to the Sum of • did, together with the faid A. N. as his Security, enter into a Bond or Obligation, dated in the Penal Sum of conditioned for Payment to the faid f. A. his Executors, Adminiftrators and Afligns, of the faid Sum of — and Intereft, on the Day of next enfuing ; and whereas it was alio alledgcd that the faid P. F. afterwards intermarried with A. C. Widow, and in her Right became intitled for her Life to feveral Meffua^es, Lands, Tenements, Houfes, Edifices, Cel- lars, Orchards, Gardens, Dove-houfes, Keys, W harts and Landing Places, with the Du- ties thereunto belonging in other- wife in the Parilh of in the County (jf . and then held by one R. P. or at leaft to an Annuity cr yearly Rent- Cli^rge of payable out of the Rents and Profits thereof by the faid R. P. and that the faid P. F. by a Deed- Poll dated on or about the Day of and by him duely executed, did grant, bargain, fell and demife unto the faid J. A. and A. B. their Executors, Adminiftrators and Affigns, the Premiffes before recited, with all Rights, Members and Appurtenances to the fanie belonging, and the Pvents, lifues and Profits thereof, together with all Ar- rears of Rent due for the fame, and all Copper Ore which then was or hereafter fhould arife and belong unto him, either on Account of the Premises thereby de- mifed, or otherwile, from the faid K. P. I or in tijc ^cclcfiafficul Cctirtsj* 50; or any other Perfon or Perfons whatfoever, and all Sum and Sums of Money which were then or fhould hereafter grow due to him on Account thereof, in Trufl (among other Things) that they the faid J. yl. and A. B. their Executors, Adminifirators and Afligns, fliould pay and apply the Monies which they fhould receive by Virtue of the faid Deed Poll in difcharging the faid Sum of • with the Intereft due for the fame, for which the faid P, F. and A. N. became bound as aforefaid, and all Cofts which he the faid A. N. fhould fuflain on Account thereof, and whereas it was fur- ther alledged, that the faid R. P. foon after dying, and R. P. his only Son and Heir at Law, and Adminiftrator of his Goods, Chattels and Credits, negleding or refufing to pay the faid yearly Sum of • on Account, for the Premifles before recited, to the faid J. A. and A. B. they, together with the fa'id F. G. E. L. and M. his Wife, and the faid A. N. exhibited their Bill of Complaint in his Majefty's High Court of Exchequer, againft the faid R. P. the Son and Adminiftrator of the Goods, Chattels and Credits of the faid R. P. deceafed, the faid P. F. and A. his Wife, J. C S. Son and Heir of S. S. deceafed, J. E. and 14^. C Executors of the Will of the faid J. S. R. E. and P. his Wife, the Relicl: of the faid J. S. to compel them, fome or one of them, to pay the faid Rent in Arrear to the faid J. A. and A. B. and to account v/ith them for the faid Ore, and all Pro- fits and Advantages which have been made thereof, that they may be enabled to dif- charge 304 CIjc €Utl{'^ Jndrtigo? charge the Trufts repofed in them by the Deed Poll before recited, and for other Purpofes in the faid Bill mentioned ; and whereas it was lallly alledged that the faid y^. F. died in the Parifh of in the County of — • — Intefbate, without making any Will, (having Goods, Chattels or Credits in divers Diocefes or Jurifdidlions) and that further or other Proceedings can- n6t be had in the faid Caufe or Suit fo de- pending as aforefdiid in his Majefly's Court of E)?chcquer between the faid Parties, or a final Decree obtained therein, until an Ad- minidrator of the Goods, Chattels and Credits of the fdid ^^. F. deceafed, be made a Party in Judgment in the faid Caufe and Anlwer to the faid Bill, and that the faid P. F. her Husband now refides in in Parts beyond the Seas j and whereas the faid Surrogate (rightly and duely proceed- ing) hath at the Prayer of the Prodtor of the faid 'f. A. A, B. F. G. E. L. M. L. otherwife D. and A. N. decreed the faid P. F. to be cited and intimated to appear in Judgment on the Day, and at the Time and Place, and to the EfFedt, and in Man- lier and Form hereinafter mentioned, (Ju- ftice fo requiring j) We do therefore im- power and ftridtly injoin you jointly and feveraliy, that ye do peremptorily cite, or caufe to be cited, the faid P. F. by firft fublickly affixing of this original Decree For fome Time on one of the Pillars of the Koyal Exchan'gc, London^ at the ufual Time of Merchanrs reforring thither, and by leaving there anixed a true Copy thereof, and by all other lawful Ways, Means and I Methods fii tfje Calcfiafiical Courts. 305 Methods wharfoever, whereby this our Ci- tation and Intimation may moft likely come to the Knowledge of the faid P. F. to ap- pear before our faid CommifTary, or his Surrogate, or fome other competent Judge in this Behalf, in the Common Hall of Dolors Commons^ firuate in the Parifh of St. Benedi^ near Panics If barf .^ Londoii^ and Place of Judicature there, on the— — Day of ■ next enfuing, between the Hours of nine and twelve in the Forenoon of the fame Day, then and there to accept or refufe Letters of Adminiftration of all and fingular the Goods, Chattels and Cre- dits of the faid A. F. deceafed, otherwife to fhew good and fufficient Caufe, if he hath or knows any, why Adminiftration of the Goods, Chattels and Credits of the faid Deceafed, limited to the Effect only to attend, fupply, fubflantiate and frrengthen the Proceedings had, or to be had, in the faid Caufe or Suit fo as aforefaid, depend- ing in the faid Court of Exchequer, between the Parties aforefaid, concerning the Pre- mifles, or in any other Caufes hereafter to be commenced concerning the fame, but no further, or otherwife fliould not be granted and committed to y4. N. or fome other Perfon to be named on the Part and Behalf of the faid 7.^. A. B. EG. E. L. M L. otherwife D. and y^. N. and further to do and receive as to Law and Juftice fh-ill appertain, under Pain of the Law and Contempt thereof, at the Promotion of the faid 7. A. A. B. R G. E. L. M. L. other- wife D. and A. N. and that ye do moreover peremptorily intimate, or caufe to be in- X timated, 3o5 Clje €itt\\'^ limmoi timated, to the faid P. F. (to whom alfb we intimate by the Tenor of thefe Prefents) that if he doth not appear at the Time, Place, and to the EfFed aforefaid, or ap- pearing fhew not good and fufficient Caufe to the contrary, our faid Commiffary, or his Surrogate, or fome other competent Judge in this Behalf, doth intend to pro- ceed, and will proceed to the committing and granting of Letters of Adminiftration of the Goods, Chattels and Credits of the faid yi. F. deceafed, to the Effect only to attend, fupply, fubftantiate and ftrengthen the Proceedings had, and to be had, in the faid Caufe or Suit fo as aforefaid, depend- ing in the faid Court of Exchequer, be- tween the Parties aforefaid, concerning the Premiffes, or in any other Caufe or Caufes hereafter to be mentioned concerning the fame, but no further, or othervvife to the faid y^. N. or fome other Perfon to be named on the Part and Behalf of the faid J. A. A. B. F G. E. L. M. L. otherwife X). and A. N. the Abfence, or rather Con- tumacy of him the faid P. F. in any wife notwithftanding; and that ye do certify our faid CommilTary, or his Surrogate, or fome other competent Judge in this Be- half, whatfoever ye iliall do, or caufe to be done, in the Premises, together with thefe Prefents. Dated at London the Day of in the Year of our Lord — and in the Year of our Tranflation. CHAP. in tljt c!5cclcfiaflica! Coutt^^ go^f CHAP. IV. Of Co7itraUs of Matrimofiy^ Incefl^ Im-- potency^ (jc» An J'ci of Qimrdianfhip for a M'mor to ohtaiit a Matrimo7tial Lic€7ice» On the Day of — — in the Year* of our Lord • Sc ABufinefs of ele61ing"^ Upon which and afligning ^. B. Day appeared Curator or Guardian to ^perfonally MH. M. H. a Minor, to the Ef- Ahe Minor a- {e6t underwritten. forefaid, and al- J ledged, that fhe intends to intermarry with ^, T. of the Parifn of -in the County of . Bachelor, and that fhe hath neither Father or Mother, or Teftamentary Guardian, and is in her Minority, to wit, of the Age of Years, but under the Age of Twenty-one Years, and therefore incapable of confenting to, or at leaft of folemnizing the fciid intended MarriagCg without the Confent of a Guardian ap-* pointed for her in this Behalf; wherefore fhe made choice of the faid ^. B. to be her Guardian, and prayed him accordingly fo to be afligned, in order to give his Confent to the aforefaid intended Marriage ^ where- X 2 upon 3oS €l)t €!ctV0 Jnftniaoi upon the Judge, at her Petition, afligned the faid T. B. to be her Guardian to the Effe6t aforefaid ; and the faid 2l B. being prefent accepted of the faid Guardianfhip, and as Guardian to the faid Minor confent- ed to the Marriage intended to be had and folemnized as aforefaid, and the Judge thereupon decreed Letters Teftimonial to be granted. J Co?itraU of Marriage. A Contrail of Marriage made and con- cluded upon the ■ Day of the Month of ■ in the Year of our Lord between A. P. of the Parilh of in the County of aged about Years, and a Bachelor ; and E. 1'. of the Parifli of in the County of aged about Years, and a Spinfter, follows, viz. WHereas the faid A. P. for fome Months laft paft made his Courtfhip and AddrefTes in the way of Marriage to the faid E. ^. who hath admitted of and entertained fuch his Courtfhip and Ad- drefTes i and whereas the faid Parties ha- ving a great Love and AfFe6l:ion for each other, have agreed upon a Marriage to be had and folemnized between them in the Face of the Church, but conceiving it moft for their Interefl and Advantage have thought it convenient to defer the Solemni- zation of the faid Marriage for fometime, and therefore the faid Parties, the better and fit tfjc €cclefiafiica( Couit0* 309 and more effedually to alTure themfelves each to other, and to prevent all Doubts and Diftrufls which they might othervvife have of each other's Fidelity, and for di- vers and fundry other Caufes and Con- fiderations them thereunto refpe6iively mo- ving, do by thefe Prefents mutually and reciprocally contrail themfelves in Mar- riage each to other, in Manner and Form following, (to witj) I A. P. abovenamed do in the Prefence Thefaid^.P, of Almighty God, and of the WitnefTes vvkh his hereto fubfcribed, take thee E. 1". to be my ^jS^^ ^^^^ wedded Wife, to have and to hold from faj^j"^ T^hy this Day forward, for better, for worfe, her Right for richer, for poorer, in Sicknefs and in Hand, and Health, to love and to cherifli, till Death us f''^" /"^peat- doth part, according to God's Holy Ordi- w^^ds^^l nance, and thereto I plight you my a. p. hfc Troth. A. P. Signed and fealed by the faid A. P. in the Pre- sence of us K. R. IV. J, I E. T. abovenamed do in the Prefence The faid ^.T. of Almighty God, and of the WitnefTes with her hereto fubfcribed, take thee A. P. to be ^^^^ ^^"'^ my wedded Husband, to have and to hold faid 'If. p^ by from this Day forward, for better, for his Right worfe, for richer, for poorer, in Sicknefs Hand, and and in Health, to love, cherifh and obey, ^^^" ^f^l^' V o »"g thefe -^ 3 ac- Words, I £.7. according to God's Holy Ordinance, and therefore I give thee my Troth. Signed and fealed by the faid E. ^. in the Pre- fence of R. R. /r. J. And we the abovenamed y^. P. and E. 2^. do mutually and reciprocally promife and oblige ourfelves each to other, that we will caufe this our Contrail of Marriage to be duely and lawfully folemnized in the Face of the Church, by a Minifter in Holy Or- ders, according to the Rites and Ceremo- nies of the Church of England. In JVitncfs ■whereof we have hereunto refpe(5tively fet our Hands and Seals the Day and Year abovewritten. The abovewritten Con- tra6l of Marriage was voluntarily and feriouf- ly repeated by the a- forefaid A. P. and E. ^, and by them figned, fealed and delivered in the Prefence of us, who at their Rcqueft, and in their Prefence, have fubfcribed our Names as WitnelTes thereto. R. R, A. P. E.r. in tljt (BccMMal CouitiS* 311 J Citcition hy Ways and Means^ an^ by Virtne of Letters of Keqt/efi a- gaijifi a Nohleman 171 a Caiife of Coiitra'cl of Marriage, JB. Doftor of Laws, Qbere ijifert the • Title of the Judge to whom the Kequefi is made") of the Court of To all and fmgular Clerks and literate Per- fons whomfoever and wherefoever in and throughout the of Greeting : Whereas we rightly and duely proceeding by Virtue of Letters of Requefl: under the Hand and Seal of the Worfhipful H. H. Dodor of Laws, Qhere infert the 'Title of the Judge '•joho makes the Kequefi') of the Right Reverend Father in God E. by Divine PermifHon Lord Bifhop of ■ ■ to us prefented, and by us accepted, at the Peti- tion of the Prodor of A. B. of the Parifli of in the County of ■ and Dioccfe aforefaid, alledging, that the Right Ho- nourable C. Lord D. of the Parifh of in the County and Diocefe aforefaid, had been feveral Times diligently fought for by the Mandatory in this Behalf, fufficient- ly and lawfully authorized and appointed, with a Defign and Intent of citing him per- fonally after the Manner of citing Nobility, to the Purpofes hereafter mentioned, but that he had fo abfconded or concealed him- felf that he could not by any Means be in fuch Manner perfonally cited by our Aiid Mandatory, have therefore decreed the faid X 4 ___^ Right $12 €!je CTictk'jj 3iU(tniaoj Right Honourable C Lord D. to be cited and fummoned to Judgment on the Day, at the Hours, in the Place, and to the Ef- fect hereunder written, and in the Manner and Form hereunder defcribed, (Juftice fo requiring;) To ye therefore jointly and fe- verally we commit thefe Prefents, and ftridtly injoining ye, do command that ye do cite, or caule to be cited peremptorily, the aforefaid Right Honourable C. Lord D. peifonally, if he can be fo cited, and ye can have fafe and free Accefs to him fo to do, otherwile by publickly affixing this Citation for fometime upon the outward Door of the Houfe or ufual Place of Abode of the faid Right Honourable C Lord D. and afterwards by affixing and leaving there a true Copy of thefe Prefents, and alfo by all other lawful Ways, Means and Methods whatfoever, whereby this our Citation may moft likely come to his Knowledge, that he appear before us, or our Surrogate, or any other competent Judge whatfoever in this Behalf, in {here fpccffy the Place where the Canfe is heard) in the ufual Place of Judi- cature there, on the Day of— — jiext enfuing, between the Hours of and in the noon of the f^ime Day, then and there to anfwer to A. B. in a Matrimonial Caufe or Caufes of Contract of Marriage, and fo forth, as in other Pro- pefles. in tfje iSccIcftaftical CotittjJ. 313 J Libel in a Caufe of Control of Marriage. A B. againft C Lord D.l Baron D. J In the Name of God, Amen : Before you the Ri^ht Worfhipful J.B. Do6lor of Laws, (here infert the ^itle of the Judged of the Court of • lawfully conftituted, or your Surro- gate, or fome other competent Judge in this Bthalf, A. B. of in the Parifh of in the County of and Diocefe of againft the Right Honourable C. Lord I). Baron D. of the Parifh of in the County of and Diocefe aforefaid, and againft any other Perfon or Perfons whatfo- ever, lawfully intervening or appearing in Judgment by way of Complaint, and hereby complaining unto you in that Behalf, doth fay, alledge, and in Law propound articulately as follows, (that is to fay,) i.'-pHAT the faid A. B. the Party P|<^ading the X Proponent in this Caufe, was born ^'^^'^' ij"^f in the Kingdom of on the Day vity^an/an of in the Year of our Lord • Account of and was virtuoufly and religioully brought her Father up and educated by her Father the Re- ^^f Religious verend B. B. late of in the ^'^"'""°" Kingdom aforefaid 5 and this was and is true. 314 ®l)e €Utk'^ JMmm true, and fo much the faid Right Honour- able C. Lord D. doth know and believe in his Confcience to be trucj and the Party Proponent doth propound and alledge every Thing in this Article contained jointly and feverally. Pleading the 2. That the faid ^. B. in the next pre- Defcent of ceding Article mentioned, waj defcended Fami^^^^"^ from an antient and wealthy Family in the faid Kingdom, and was related to many of the Nobility and Gentry of the firft Rank in that Kingdom, particularly to the Right Honourable R. Earl of D. Lord the Right Honourable ST. Earl of the Right Honourable H. Lord Vifcount and Sir J. B. Bart, and this was and is true, and fo much the faid Right Honour- able C. Lord D. doth know and believe in his Confcience to be true , and the Party Proponent doth propound and alledge as above. Pleading her 3. That the faid A. B. the Party Propo- fober Life and nent, fo long as (he continued to live with wMir'mi™ ^'^^ ^^'^ ^^"^^^^ '" ' ^''''^>'^ behaved her- lTved^vith\er ^^^^ virtuoufly, rcligiouily and modeftly, faid Father in and was always taken Notice of and efteem- ed to be a Perf^pr'of a good Characler and Reputation, and one that behaved with great Virtue, Prudence and Modefty j and this was and is true, and fo much the faid Right Honourable C. Lord D. doth know and believe in his Confcience to be true ; and the Party Proponent doth propound and alled'ie as above. That fit tlje Ccclefuimcal C0Ui*t^> 31 ^ 4. That in the Month of in the The Time of Year of our Lord fhe the faid A. B. [''"'^^^^j"! ^ the Party Proponent, came to Londo72 and feveml Places lodged at the Houfe of in for the where fiie Space of and then removed and lodged lodged, and at the Houfe of in for the Space ^Ifo her fober of' and from thence removed to the * ^ ^'' . J venation. Houie or one a in • and lodged there for the Space of ■ and from thence removed to the Houfe of in and at all fuch Places became ac- quainted with feveral Gentlemen and Ladies of good Fafhion and Diftindtion, and was vifited by them, and always carried and demeaned herfelf foberly, prudently and modeftly, and at all Times was, and now is, a Perfon of an unblameable Life and Con- verfation, and of great Virtue and Mo- defly, and fo was and is efteemed to be by all her Relations, Friends and Acquain- tance J and this was and is true, and {q much the faid Right Honourable C Lord D. knows and believes in his Confcience to be tiue^ and the Party Proponent doth pro- pound and alledge as above. 5. That in the Month of the faid Pleading the Right Honourable C Lord D. became firft Time Lord acquainted with the Party Proponent whilft " ^'"' ^ ^" Ihe lodged at the laid Mr. s, and did qualnted with afterwards frequently in the Months of-^ J. B. and his following vifit her at her Lodgings at the Several and faid Mr. 's, and then at the faid Jf^f^^jAd'' Mr. • 's in aforefaid, and did at dreires in the each of the faid Places make his AddreiTes way of Mar- to and court her in the way of Marriage ; "^ge. and this was and is true, and fo much the {aid Right Honourable C Lord D. knov/s and 316 m)t €izxh'0 jimmoi and believes in his Confcience to be true, and the Party Proponent doth propound and alledge as above. His Lord- 6. That during all the Time in the next fhip's Deck- preceding Articles mentioned, he the faid rations that Rjprht Honourabls C. Lord D. continued to his Intentions -r i rs -n j n r l were honour- "^'"^^ ^^'^ ^^^^^Y Pioponent, and at all fuch able, that he Times did proteft and fwear that his Inten- would make tions were honourable, and that he was re- her his Wife, foived to make her his Wife, and fwore an tiat e ^ j^^^ rathtr die than wrong her; and had rather ^ ^ u i, r ■ i die than this was and IS true, and lo much the laid wrong her. Right Honourable C Lord D. knows and believes in his Confcience to be true j and the Party Proponent doth propound and alledge as before. The particu- „_ xhat in the Month of in the \ZaT' "^ ^aid Year he the faid Lord D. vifited iaii)..tj ^j-jr r / 1 hire a ""^ ^"^ Party Proponent did loon alter, (to Man Cook, wit,) in a few Days after the faid Contrad, that the faid Cook thereupon waited on his Lordfhip, acquainting him he was hired by u4. B. into his Lordfhip's Service, that his Lordfhip confefled he gave fuch Direftions, and tliereupon did agree to allow the faid Cook Pounds a Year Wages, bcfides Perquifues. 2 agree fit tljz ^cclefjaaical Ccutt!^. 319 agree with and liire E. F. to ferve the faid Lord D. as his Cook, at the yearly Wages of ' — Pounds and he the faid B. F. did by her Orders afterwards go to the faid Lord D. and acquainted him that he had been hired, and taken into his Lordfhip's Service, by the Party Proponent ; and he the faid Lord D. then owned he had given fuch Direc- tions to the Parry Proponent, and did then agree to give the faid E. F. — -— Pounds a YearWages, and to allow him the Perquifites as ufual in Noblemen's Houfes, but after- wards pretended he had no need of a Man Cook J and this was and is true, and fo much the faid Right Honourable C. Lord D. knows and believes in his Confcience to be true ; and the Party Proponent doth propound and allcdge as above. 13. That after the Contradt in the pre- PleadJng Lord ceding Articles mentioned, he the faid D- ^-^"^ J^e Right Honourable C Lord D. vifited her l^ad parted the Party Proponent at her aforefaid Lodg- ^nd upon ' ings in and after he was gone down ing into hts Stdirs, and going into his Chair, he called Chair called aloud to the Party Proponent in thefe, or floudtoy/ 5. the like Words, Pray Mada??? don't forget l"kf Wordf^ to fend our Conk to me i and this was and is Pray Madam true, and fo much the faid Right Honour- don't forget to able C. Lord D. knows and believes in his fi"^ ""^ ^'^''^ Confcience to be true; and the Party Pro- *° "'^' ponent doth propound and alledge as above. 14. That by reafon of the Premiffes fet That Lord D. forth and alledged in the feveral foregoing ^""^ ^. 5. are Articles, the faid Right Honourable C. ^^"f^'^:^^, ^^- _ ' , '^ ^ gether in lavv- Lord D. and the Party Proponent, are con- fui Maniage. tra6k'd together in lawful Marriage, and are lawful Man and Wife, and ought by Law KO- 320 The Jurif- diftion of the Court. That A. B. hath duely complained. The Prayer of the Plaintiff; praying the Contraft to be pronounced for, and the Defendant to be obliged to folemnize the lame in the Face of the Church. Law to be pronounced and declared as fuch J and the Party Proponent doth alledge as above. 15. That the faid Right Honourable C. Lord D. was and is of the Parifh of in the County of and Diocefe of and by Virtue of Letters of Requeft in this Behalf preiented and accepted, is fubjedt to the Jurifd'dion of this Court j and the Party Proponent doth alledge as above. 16. That the Party Proponent in this Caufe hath rightly and dueiy complained of the PremllTes to you the Qjere infert the Settle of the Jndge^ aforefaid, and to this Court ; and doth alledge as above. 17. That all and fingular the PremifTes above fet forth were and are true, publick and notorious • and thereof there was and is a publick Voice, Fame and Report, and of which legal Proof being made, the Party Proponent prays that Right and Juftice may be effedually adminiftred to her in the PremifTes, and that it may be pro- nounced and declared, that they the faid Right Honourable C. Lord D. and A. B. being free from all matrimonial Contracts whatfoever, (faving to each other) did in the Months and Year beforementioned, or fome or one of them, treat and communi- cate with each other of a Marriage to be had and folemnized between them, and did afterwards folemnly, ferioufly and mutually contract together, and with each other, a true, pure and lawful Marriage, in Words of the prefent Tenfe, efFedual and apt thereto; and that it may be pronounced, decreed and declared for the Validity, full I Force in tt)z (fcclcriafffcai Ccultj?* Bif Force and Strength of the faid Contra6l of Marriage to all EfFe^ls and Intents in Law v;hatfoever ; and alfo that the faid Right Honourable C Lord D. may by due Courfe of Law be compelled, conftrained and obliged to folemnize the faid Marriage with the faid A. B. in the Face of the Church 5 and that you will further do and decree in the Premiffes what (hall be lawful in this Behalf, not obliging herfelf to prove all and Angular the Premiffes, or to the Bur- den of a fuperfluous Proof, againft which the Party Proponent protefts j and prays, that fo far as (be fhall prove in the Pre- roifles, fo far fhe may obtain therein, (the Benefit of the Law being always preferved) humbly imploring the Aid of your Office in this Behalf, Nota^ That the Libel was admitted, and Lord D. in his Anfwers thereto abfolutely denied the Contract pleaded in the eighth Article, as alfo the Confummation of the fame by Carnal Copulation, with any View of contrading himfelf in Marriage. That A. B. thereupon examined two Witneffes, to wit) H. J. her Servant Maid, and J. K. who proved the Contract and Confummation in their Depofidons upon Oath. That Lord D. gave in an exceptive Plea to the Character of J. K. and thereupon examined many Witnelfcs, proving her to be a Perfon of a wicked Life and Conver- fation, to be perjured upon Interrogatories, and bribed by A, B. in her Evidence, which was fet afide, Y Tbas 322 That upon the Face of the whole Pro- ceedings the Court was of Opinion, That the Contrad was an Impofition, and there- fore for want of fufficient Proof difmififed Lord D. from the fame, each Party paying their own Cofts of Suit. Ju Jfi of Giinrdia?ijJjip to cite a Teer ol' the Realm in a Cauje of Reft it n- tioJi of Conjugal Rites. On the Day of ■ Year of our Lord iHours of and • in the between the in the — noon of the fame Day, before the Worfliip- ful H. N. Doctor of Laws, Qkere infert the ^itle of the Judged of the Right Reverend Father in God J. by Divine Permiflion Lord Bifhop of law- fully appointed in the Pari ill Church of in the County of in the Prefence of E. H. Notary Publick. Bufinefs of ele61ing" and ailigning the Ho- nourable H. R. Efqi Cu- rator or Guardian to all Upon which Day appeared perfonally the aforefiid Right Intents and Purpofes in ; Honourable ilf. Law whatfoever, to the vLady Marchio- Right Honourable M. Lady Marchionefs of Z. a iMinor, now the Wife of the Right Honourable J. Lord Marquis of Z. ntfs of Z. &c. and alledged, that flie is up- wards of — • Years of Age, but under the Age of Twenty-one Years, and that J t!i tljz ettMvMcal Courts. 323 that fbe was joined together in lawful Ma- tnmony v-ith the aforefaid Ri^:,ht Honour- able J. Lord Marquis of Z. by a Pried in Holy Orders; and that from and after the Solemnization of the faid Marriage, the fame was confummated between them by Carnal Copulation, and mutual Cohabita- tion, as lawful Husband and Wife; that notwithftanding the PremifTes, the aforefaid Right Honourable J. Lord Marquis of Z. hath unjuflly withdrawn himfelf, and fiill does witb.draw himfclf, from the Bed, Board and mutual Cohabitation with the faid Right Honourable 7d. Lady Marchio- nefs of Z. his Wife, and hath refufed, and ftill doth refufe, to render Conjugal Rites to her, wherefore flie made choice of, and the faid Judge did, at her Petition, admit and afiign the aforefaid //. R. Efq; her na- tural and lawful Father, to be her Curator or Guardian to all Intents and Purpofes in Law whatfoever, and more cfpecially to commence and inftitute a Suit againft the faid Marquis of Z. to compel and oblige him to render Conjugal Rites to her his faid Wife ; and the faid H. K. was then prefent in Judgment, and took upon him the Guardianlliip of her the faid Minor, and thereupon the Judge decreed Letters Teftimonal to be granted, which being done, the faid H. R. the Father and Guar- dian aforefaid prayed, and the faid Judge did, at his Petition, decree the iaid Right Honourable J. Lord Marquis of Z. to be monifhed and cited by Letters mifnve, or according to the Manner of citing Peers of the Realm, lawfully and perfonally to ap- Y a pear pear in the Qhere fpecify the Place of ^f^ fearance) upon the Day of- next enfuing, between the Hours of and in the noon of the fame Day, then and there to anfwer to the afore- faid Right Honourable M. Lady Mar- chionefs of Z. his Wife, aiting by the faid H. R. Efqi her Father and Guardian, in a certain Caufe of Reftitution of Conjugal Rices, under Pain of the Law and Con- senvjt thereof. A Lihel in a Caufe of 'Reftitutmi of Conjugal Rites, IN the Name of God, Amen : Before you the Wovlhipful H. H. Doftor of Laws, Qbere infai the I'ttle of the Judge) of the Right Reverend Father in God E. by Divine Permiflion Lord Biihop of =• and Official Principal of his Court, law- fully appointed your Surrogate, or fome other competent Judge in this Behalf, the Proctor of J. D. (Wife of R. D.) of the Parifh of in the County of and Diocefe of againft the faid R. D. and againft any other Perfon or Perfons for him, lawfully intervening or appearing in Judg- ment by way of Complaint, and hereby complaining unto you in this Behalf, doth fay, alledge, and in Law propound articu- lately as follows, (that is to fay.) The -Mar- I. That in the Months of in the riage pleaded. Year of our Lord or in fome or one of thera, the faid R. D. being then a Ba- chelor^ ill tijc €ccicfiam'cn! Courts.'. 325 chelor, and the faid J. D. a Spinfter, being both free from all matrimonial Contrails v/hatfoever, (faving to each other) did mutually contra6t themfelves to each other in Marriage j and they the faid R. D. and 5^. D. were on or about the Day of in the Year of our Lord in the Face of the Church joined together in Holy Matrimony by y^. B. a Prieft in holy Or- ders, according to the Rites and Ceremo- nies of the Church of England^ who pro- nounced them to be lawful Man and Wife, and for and as fuch were and are common- ly accounted, reputed and taken to be by their Relations, Friends and Acquaintance ; and the Party Praponent doth propound every Thing in this Article contained joint- ly and feverally, and doth alfo propound and alledge of any other Time and Place as (hall appear from the Proofs to be made m this Caufe. 2. That from and after the Solemniza- Pleading If- 'tion of the aforefaid Marriage between the ^"^• faid R. D. and the faid J. D. they the faid R. D. and f. D. confumniated the fame by Carnal Copulation, Procreation of Chil- dren, and mutual Cohabitation, and lived and cohabited together as lawful Husband and Wife in the Parifh of and in other Pariidies and Places j and the Party Propo- nent doth propound every Thing in this Article contained jointly and feverally, and as before. 3. That notwithftanding the Premiffes Pleading the the faid R. D. not having the Fear of ^i^'j^^J"'^ ^ God before his Eyes, and being unmind- himrcirfroLn fuj of his conjugal Vow, hath, without any jus wik. Y 3 lawful 1126 Pleading the Wife's In- treaties for the liusband's Return, and his refutary Abfence- lawful Reafon, for Years laft pad withdrawn, and ftill do-.s withdraw himfelf from the Bed, Board and mutual Cohabita- tion with the faid J. D. his Wife, and hath refufcd, and ftill do refufe, to render con- jugal Rites to her; and the Party Pro- ponent dorh propound every Thing in this Article contained jointly and feverally. 4. That the faid R. D. fince fuch his Abfence and Withdrawing himfelf from the Bed, Board and mutual Cohabitation with his faid Wife J. D. and her Converfation, has been earncftly on her Behalf, and by her often int'cated to live and cohabit with, and treat her with conjugal AfFedion, as by his conjugal Vovv he is obliged and ought; notwithftanding which Intreaties he hath and ftill doth (without any juft Caufe) refufe to return to and render conjugal Rites to and with his faid Wife ; and the Party Proponent doth propound and alledge as before. 5. Tha;: the faid 7- D. the Party Agent in this Caufe, hath rightly and duely com- phuned of the Fremiffes to you the Judge aforefaid, and to this Court; and the Party Proponent doth propound and alledge as before. 6. Thit the faid R. D. was and is of the Parifh of in the County of and Diocefe of and therefore fubje6b to the Jurifdiilion of this Court ; and the Party Proponent doth propound and alledge as before. 7. That all and finguhr the Premifles were and are true, publick and notorious, gjid thereof there was and is a publick Voice, Voice, Fame and Report, and of which legal Proofs being made, the Party Propo- nent prays Right and Juftice to be cfFedtu- aliy adminiftred to him and his Party in the PremiflTes ^ and that the Marriage a- bove libellate may be pronounced for, and the faid R. D. compelled by Law to take home and receive the faid j. D. his Wife, and treat her with marital AfFedion, and render to her conjugal Rites ^ and that he be condemned in the Cofls made, or to be made, in this Suit on the Part and Behalf of the faid J. D. and to be compelled to the due Payment thereof by you, and your definitive Sentence or final Decree to be given in this Caufe, and further to do and decree in the FremiiTes what fhall be lawful in this Behalf, not obliging himfelf to prove all and fingular the Premiffes, or to the Burden of a fuperfiuous Proof, againft which the Party Proponent protefts ; and faving always to himfelf all Benefit of Law, prays that fo far as he (hall prove in the PremiflTes, fo far he may obtain in this his Suit, humbly imploring the Aid of your Office in this Behalf J Stilt cjice in a Caufe of Keftittition of Coiijiigal Rites. N the Name of God, A?nm : We //. H. Doftor of Laws, (^bere infert the 'J'itle of the Judge) of the Right Reverend Father in God E. by Divine Permiflion Lord Bifhop of and Official Principal of the Court of lawfully appointed, rightly Y 4 and 2g Clje Cletk'jS 3inftniOfo? and duely proceeding, having heard, feen and underftood, and fully and maturely difcuflfed the Merits and Circumftances of a certain Caufe of Reftitution of conjugal Rites, which is controverted, and remains undetermined before us in Judgment, be- tween A. G. (Wife of J. G.) of the Parifh of in the County of the Party Agent and Complainant on the one Part, and the faid y. G. the Party accufed and complained of, on the other Part j and the Parties aforelaid lawfully appearing before us in Judgment by their Prodors refpedtive- ly, and the Pro61:or of the faid A. G. (Wife of the faid f. G.) praying Sentence to be given, and Juftice to be done to his Party ; and the Prodor of the faid J. G. alfo earneftly praying to be done to his Party, and having firft carefully and dili- gently fearched into and confider'd of the whole Proceedings had and done before us in this Caufe, and having oblerved all and fiiigular the Matters and Things that by Law in this Behalf ought to be obferved, we have thought fit, and do thus think fit, to proceed to the giving our definitive Sen- tence or final Decree in this Caufe in Man- ner following, to wit, forafmuch as by the Adls ena6ted5 deduced, alledged, exhibited, propounded, proved and confefTed in this Caufe, we have found, and it doth evi- dently appear unto us, that the Froclor for the faid A.G. hath fully and fufficiently founded and proved his Intention, deduced in a certain Libel, and other Pleadings and Exhibits given in, exhibited and admitted on |iis Behalf in this Caufe, and now remain- ing fit tlje €cclefia(tiCiil Coittt^. 325? ing in the Regiftry of this Court (which faid Libel, other Pleadings and Exhibits we take, and will have taken, as if here read and inferted) for us to pronounce, as here- in after is pronounced -, and that nothing at leaft effectual hath on the Part and Behalf of the faid f. G. been excepted, deduced, alledged, exhibited, propounded, proved or confefTed in this Caufe, (which may or ought in any wife Defeat, Prejudice or Weaken the Intention of the faid y^. G, Therefore we H. H. Do61or of Laws, the Judge aforeGiid, having firft called upon the Name of Chrift, and having God alone before our Eyes, and having heard Counfel in this Behalf, do pronounce, decree and declare, that the faid J. G. and A. G. did, at the Time and Place in this Caufe libel- late, contra6l pure and lawful Matrimony, and did on or about the Day of in the Year of our Lord rightly and duely folemnize the fame in the Face of the Church, according to the Rites and Ceremonies thereof, and did afterwards confummate the fame by Carnal Copulation and mutual Cohabitation , and we do pro- nounce, decree and declare the faid A. G. and J. G. to be lawful Husband and Wife 5 and we do by this our definitive Sentence or final Decree, which we now promulge by thefe Prefents, decree the faid J. G. to be admoniftied, and by thefe Prefents do admonifh him to perform Conjugal Rites with the faid A. G. his Wife, and to de- mean himfelf towards her at Bed and Board with fuch Affedion as he ought to treat his Wife 3 and we do alfo pronounce, decree and "^o €lje Clerli'si SnfituSol :>:> and declare, that the laid J. G. ought by Law to be condemned in lawful Cofts made, and to be made, in this Caufe on the Part and Behalf of the faid ^4. G. to be paid to the faid y/, G. or her Prodtor, and accord- ingly we do condemn him in fuch Cofts, which we tix and moderate to the Sum of Pounds of lawful Money oi Great Bri- tain ; and we decree that the faid J. G. be admonifbed, under Pain of the Sentence of the greater Excommunication, really and effectually to pay, or caufe to be paid, the faid Sum taxed as aforefaid, unto ;he faid A. G. or to her Prodor, within Days after the Execution of the faid Monition on the faid J. G. which Sentence of Ex- communication againft the faid J. G. not paying the Sum before taxed in the Man- ner and Form aforefaid, and in fuch Moni- tion to be mentioned, fuch Monition law- fully preceding, and he perfevering in his Contumacy, we the Judge aforefaid, as well from then as now, as from now as then, do give and promulge by thefe Pre- fents, and in fuch Cal'e we do decree the faid y. G. to be openly and publickly de- nounced and declared excommunicated in the Face of the Church, by this our defini- tive Sentence or final Decree, which we read and promulge by thefe Writings. n ve in tijc Ccclcfiaaical Ccart^, 331 ^'he 'EfftU of a Covipulfory agaiiip; a Witiiejs to appear before Cominij' fioners to gice Evidence iii a Cmife of NnIHij of Marriage by reafo?i of Impotencj. To Mrs. M. IV. Y Virtue of a Compulfory herewith (liewn unto you under Stal of the Court of you are cited to appear be- fore the Reverend J. S. R. F. and f. IV. and alfo il. R. J. I', and M. IV. Clerks, Commiffioners named and appointed by the Judge of the faid Court, in a Commiflion for the Swearing and Examining WitnefTes in a certain Caufe of Nullity of Marriage, by reafon of Frigidity and Impotency, now depending in the faid Court, between the Honourable A. B. otherwife D. the pretended Wife of £". B. of in the County of Efq; and Diocefe of of the one Part, and the faid E. B. Efq; of the other Part, or any or either of them the faid ComniiiTioners, in the Parifli Church of in the County of on the Days of in the Year of our Lord or at any other Time and Place, to which the Commiffioners aforefaid, cr any or either of them, fhall jointly or feverally ad- journ the Execution of the faid Comroff- fion, then and there to take the ufual Oath of a Witnefs, and to teftify the Truth of what you know in the faid Caufe, and further 33^ 'SiDe €it\:h'0 Jnffrugo? further to do and receive what unto Law and Juftice lliall appertain, under Pain of the Law, and Contempt thereof. yi Libel in a Caufe of Nullity of JSlar ri age for Jnceji. .-^. other wife B. by Guardian a^ainft y^. n N the Name of God, Amen: Before you the Worfhipful J. B. Dodor of Laws, (Joere infert the iitle of the fridge") of the nioft Reverend Father in God J. by Di- vine Qhere infert the Archhijjjop or Bi- jhcp to wh^fe Province or Dioceje the Caitfe behJigs) lawfully conftituted, or your Sur- rogate, or fome other competent Judge in this Behalf, the Prodor of A. A. otherwife B. (Wife of J. A.') a6^ing by R. B. Wi- dow, her natural and lawful Mother and Guardian, lawfully appointed againft the faid J. A. of in the County of jately the lawful Husband of M. A. other- wife B. deceafed, whilft living the natural and lawful Sifter of the faid A. A. other- wife B. and now aiferting himfelf to be the lawful Husband of the faid A. ,A. formerly ^. and againft any other Perfon or Per- fons whatfoever, lawfully intervening and appearing in Judgfnent before you for him by way of Complaint, and hereby com- plaining unto you in this Behalf, dotli fay, alledge, and in Law propound articulately as follows, (that is to fay,) I. That (n tlje aEccicfiaftica! Courtj^j. 339 1. That in the Months of and Pleading th? sn the Year of our Lord ^ the faid 7. A. defendant's being then a Bachelor, and the faid M. A. ^^ ^a°"alVo then B. being a Spinfter, he the faid J. A, the Obtaining did make his Addrelfes of Love and Court- of a Licence fliip in the way of Marriage to her, and ^?'' ^^^ ^^^ fhe did admit of and receive fuch his Ad« "^^^' dreffes, and did confent to marry him the faid J. A. and after the faid J. A. had obtained fuch Confent, he procured a Li- cence from the Office of the Right Reve- rend Father in God R. by Divine Permiffion Lord Bifhop of to folemnize fuch Marriage ^ and this was and is true, pubh'ck and notorious, and well known to the faid 7- A. and fo much he hath acknowledged and confefTed to be true ; and the Party Proponent doth propound and alledge of any other Time as Ihall appear from the Proofs to be made in this Caufe jointly and feve- rally. 2. That the faid J. A. and M. A. then The Time of i?. being free from all matrimonial Con- the firft Mar- tra6ls, (faving to each other) were in or "^S^' Name about the faid Day of in the ^latrfelT Year of our Lord by Virtue of the aforefaid Licence, lawfully married toge- ther in the Parifti Church of* in the County of by the Reverend IV. B. Clerk, the Redor thereof, according to the Form of Matrimony prefcribed in the Book of Common Prayer and Liturgy of the Church of England; and this was and is true, publick and notorious , and the Party Proponent doth propound and alledge of any other Time, and as before. 3. That 334 Exhibiting the Allegation or Affidavit made by the Defendant upon the Grant of the Licence for fuch Mar- riage. Exhibiting and Pleading the Certificate of the Hrft Marriage. 3. That the Party Proponent, for Sup- ply of Proof of the PremilTes in the firft Article mentioned, and to all Intents and Purpofes in Law whatfoever, doth exhibit, and hereunto annex, a true Copy of the Allegation or Affidavit made by the faid y. A. on his obtaining the aforefaid Li- cence for folemnizing the laid Marriage, marked with the Letter (^A) and doth al- ledge that the fame is a true Copy of the original Allegation or Affidavit now re- maining in the Regiftry of the Vicar Ge- neral of the faid Lord Bilhop of which he prays to be admitted and read, and taken as Part and Parcel thereof j and doth alledge that the Names (^J. A.^ appearing to be fet and fubfcribed to the laid original AJlegation or Affidavit, were lb fet and fubfcribed by and with the proper Hand of him the laid J. A. at the Time he came to obtain and procure the faid Licence, and that J. A. and M. B. in the faid Exhibit mentioned, and 'J. A. one of the Parties in this Caufe, and the aFortfaid M. A. other- wife B. (Sifter of the faid A. A. otherwiie B.^ deceafed, were and are the fame Per- fons, and not divers 9 and this was and is true, and the Party Proponent doth pro- pound and alledge as before. 4. That for further Supply of Proof of the faid Marriage lb had and iblemnized, and to all Intents and Purpofes in Law whatfoever j the Party Proponent doth alfo exhibit, and hereunto annex, a Certificate thereof, being the Exhibit B. beginning thus: (Thefe are to certify whom it may concern, that J. A.) and ending thus : (By 1 Virtue 3:>. Virtue of a I/icence from the Lord Bifliop of ) and fubfcribed li^. B. and doth al- ledge that the fame is a true Certificate of the faid Marriage fo had and folemnized between the faid J. yl. and the faid M. A. deceafed, whilft living the Sifter of the faid A. A. othervvife B. the Minor aforefaid, and taken from the Panfh Regiftry of Marriages, kept for and belonging to the faid Parifh of- which Certificate he prays to be admitted and read, and taken as Part and Parcel thereof, nnd does agree therewith, and doth alledge that J. A. and M. B. mentioned in fuch Certificate, and y. A. one of the Parties in this Caufe, and the aforefaid Ai. yl. otherwiie B. deceafed. Sifter of the faid A. A. otherwife B. are the fame Perfons, and not divers ; and this was and is true, and the Party Propo- nent doth propound and alledge as before. 5. That upon and after the Solemniza- Pleading the tion of the faid Marriage between the faid Cohabitation J. and M. A. as mentioned in the fecond ^^f fidl Wiff Article of this Libel, they the faid J. A. and M. A. lived and cohabited together at Bed and Board as Husband and Wife, and confummated their faid Marriage by Carnal Copulation, and fo lived and cohabited to- gether till on or about the Day of ■ in the Year of our Lord • laft paft, when the faid M. departed this Life, and for and as lawful Husband and Wife they the faid J. and M. own- ed and acknowledged each other, and were fo commonly accounted, reputed and taken to be among their Relations, Neigh- bours, Friends and Acquaintance ; and this 336 The Birth of a Son in the faid Marriage, with the Cer- tificate of his Baptifm. Pleading the Plaintiff to be the Guardian and Mother of the two Sifters, the Defendant married, as alfo the Relift of their late Father. this was and is true, publick and notorious, and the Party Proponent doth propound and alledge of any other Time, and as before. 6. That the faid J. A had by the faid M. his Wife a Son who was chriften'd IfZ as the Son of them the faid J. and M. A. and for Supply of Proof of the Premifles, and to all Intents and Purpofes in Law whatfoever, the Party Proponent doth ex- hibit, and hereunto annex, a Certificate marked (C), and prays that the fame may be taken as herein repeated and inferted, and did, and doth alledge, that the faid Certificate is faithfully extracted from the Regifter of Chriftenings belonging to the Parifli of aforefaid, and agrees there- with, and is wrote and fubfcribed by the faid IV. B. the Reclor thereof, and that the Contents thereof were and are true 5 and that IV. A. Son of J. and M. A. in the faid Certificate mentioned, and JV. A. in this Article mentioned, as the Son of the faid J. and M. A. was and is one and the fame Perfon, and not divers ; and this was and is true, and the Party Proponent doth propound and alledge as before. 7. That the aforefaid K. B. was and is the Reli6l of C. B. late Re6lor of aforefaid deceafed, and fhe the faid M. A. deceafed, and the faid A. A. otherwife B. the Minor aforefaid, were and are the na- tural and lawful Daughters of the faid R. B. by the faid C. B. and as fuch commonly accounted, reputed and taken to be in the faid Farifh of and other Places ; and this was and is true, and fo much the faid J. A. in tfje CccirfiafKcnl ciTcartit, 337 y. A. believes in his C'Mifcience to be true 5 and the Party Proponeiit doth propound and alledge as before. 8. That for Supply of Proof of Fart of Exhibiting the Premiffes in the next immediate fore- thetwoCerti- going Article mentioned, and to all Intents ^-j^jijign's and Purpofes in Law whatfoever, the Party Baptifm. Proponent doth exhibit, and hereunto an- nex, two Certificates marked (D) and (£), and prays that the fame may be taken as herein repeated and inierted, and did, and doth alledge, that the faid Certificates are faithfully extrac:i:ed from the Regifter of Chrifleniners belon^?,ing to the Parifh of aforefaid, and agree therewith, and ■were and are all wrote and fubfcribed by the faid IV. B. Clerk, the Recftor thereof; and that the Contents thereof were and are true, and that AI. B. the Daughter of C. B> and R. his Wife, in the Certificate (D), and A. B. the Daughter of C. B. and A. his Wife, in the Certificate (£), and the faid C B. Clerk, Rcdor of afore- faid, and R. his Wife, and M. A. deceafed, and A. A. otherwife B. the Minor afore- faid, in the next preceding Article men- tioned, are the fame Perfons, and not di- vers j and this was and is true, and fo much the faid j. A. believes in his Con- fcience to be true ^ and the Party Propo- nent doth propound and alledge as before. 9. That aft^.■r the Death of the faid pieadins the AJ. A. the faid J. A. did by falfe and art- Artifice^ the ful Infinuations feduce and intice the faid Defendant ufed on his late Wife's Sifter whom he afterwards married, and her Age, being s Minor, as alfo the Licence for fuch fecond Marriage. Z A. A. A. A. otherwife B. then a Spinfter, from her faid Mother's Houfe at aforefaid, and taking Advantage of her tender Years, being then only Nineteen, and of her Ig- norance in the Law, did prevail on her to marry him, and for that Purpofe did pro- cure a Licence from the Office of the Right Reverend Father in God J. by Divine Per- niiflion Lord Bifiiop of to folemnize fuch Marriage ; and this was and is true ; and the Party Proponent doth propound and alledge as before. The particu-^ jq That the faid J. A. and A. A. other- lar Time 01 ^^y^ p ^,^j,^ ^^ or about the Day of (uch iecond • u v r t i in. Marriage,and '" ^hc Year ot our Lord ' lalt the Name of pi.ft, by Virtue of the faid Licence married the Church together in the Parifh Church of in mL^^^'^^' ^^^ County of by the Reverend R. H. Clerk, Bachelor of Arts, a Prieft in Holy Orders of the Church of England^ accord- ing to the Form prefcribed in the Book of Common Prayer and Liturgy of the Church of Eiiglajid ; and this was and is true, and fo much the fiid J. A. knows in his Confcience to be true ; and the Party Proponent doth propound and alledge as before. Kxhibitingthe ir. That the Party Proponent, for Sup- Allegation or ply of Proof of Part of the PremilTes in Affidavit j,^g ^^^^ foregoing Article mentioned, and the Grant of ^^ all Intents and Purpofes in Law, doth fuch Licence exhibit, and hereunto annex, a true Copy for the De- of the Allegat.on or Affidavit made by the fi;d "J. A. on his obtaining the faid Licence for foleninizlnfz; the faid Marriage, being the Exhibit (F), and doth alledge, that the fame is a true Copy of the original AI- Icization fendant's fe cond Mar- ri.-ifje. in tDt eccMmkiil Courts* ^59 legation or Affidavit now remaining in thei Regiftry of the Vicar General of the faid Lord Bifliop of which he prays to be admitted and read, and taken as Part and Parcel thereof^ and doth alledge, that y. and ^. B. in the faid Exhibit mentioned, and J. A. one of the Parties in this Caufe, and A. B. otherwife A. the Minor afore- ■ faid, and the natural and lawful Sifter of the faid M. A. deceafed, are the fame Per- fons, and not divers ^ and this was and is true i and the Party Proponent doth pro- pound and alledge as before. 12. That for further Supply of Proof of The Certifi- the faid Marriage in the tenth foregoing ^^^^ °^ ^^^ Article mentioned, and to all Intents and 5^^°" \^^a'a Purpoles m Law, the Party Proponent andexhibited* doth exhibit, and hereunto annex, a Certi- ficate thereof, being the Exhibit (G), be- ginning thus: (I do hereby certify that J. A. and A. B.) and ending thus : (As appears from the Regifrer Book of the faid Pariih) and fubfcribed J. A. and doth al- ledge that the fame is a true Certificate of the faid Marriage fo had and folemnized between the faid y. A, and the faid A. A. other Wife B. the Minor aforefaid, and ta- ken from the Parifh Regiftry of Marriages kept for and belonging to the faid Parifti of --^ — which Certificate the Party Propo- nent prays may be admitted and read, and taken as Part and Parcel thereof, and does agree therewith ^ and doth alledge, that y. A. and A. B. mentioned in fuch Certi- ficate, and y. A. one of the Parties in this Caufe, and the aforefaid A. A. otherwife B' the Minor aforefaid, were and are the Z 2 fame 340 €!)C ClctU^^ SiiflntSoi famePerfons, and not divers, and this was and is true; and the Party Proponent doth alledge and propound as before. Propounding 1 3. That the faid pretended Marriage in the fecond Fart had and folemnizcd between them the leZZf b"" ^^''"^ ^" "^- ^"^ ^' ^' othe^wife B. as men- pleaS tlK; ^'O"^*^ ^"^ ^^'^ forth in the tenth Article of Table of thjs Libel, was and is prohibited by the Marriages Laws of God, and exprefled fo to be in a and the 99th Table fet forth by Authority in the Year Canon. ^^ ^^^ Lord 1 563, and that the fiid Mar- riage by the Law of God, and Laws, Canons and Conftitutions of this Church and Kingdom, and particularly by the 99th Canon of the Canons of 1603, was and is inceftuoLis and unlawful, and to be dilfolved and made void from the beginning ; and the faid J. ^. and ^. yi. otherwife B. were and are to be feparated • and the Party Proponent doth propound and alledge as before. Pleading the 14- That as foon as the faid y/. yf. other- fecond iMar- wife B. was infomiedT ?.nd underftood that riage not con- i\-^q {^\^\ Marriage was unlawful and in- iummated by (.g^.^Qug, and particularly on or about the Carnal Copu- ta r • u ^r £ t j knon that ~~ — ^^J ^' '" ^"^ Year ot our Lord the Defen- laft paft, (lie did forthwith leave the dant's fecond Company and Society of the faid J. A. and V/ifelefchim, \^^^\^ ,-,Qf accompanied or lived with him an tne parti- ^ ^^^ ^j^^ Pariv Proponent does fur- cuiar lime ' ^ 1 r • j .-/ j -f when. ther alledge, that they the laid j. and A. never confum mated the faid Marriage by Carnal Copulation ; and this was and is true, and fo much the faid f. A. knows and believes in his Confcience, and hath confefTcd to be true j and the Party Propo- nent in tijc CccIcfiaiKcal Courts. 341 nent doth propound and alledge of any other Time, and as before. 15. That the faid J. y^. was and is of the Parifh of in the County of — and Diocefe of and fo forth, and by Reafon thereof is fubje6t to the Jurifdicrlion of this Court ; and the Party Proponent doth propound and alledge as before. 16. That the faid y4. A. otherwife B. by the faid R. B. her Guardian, the Party Agent in this Caufe, hath rightly and duely complained of the PremifTes to you the Judge aforefaid, and to this Court , and the Party Proponent doth alledge as be- fore. 17. That all and lingular the Premises were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, and of which legal Proof being made, the Party Proponent prays Right and Juftice to be cfFed:ually adminiftred to him and his Party in the Premifles j and the faid pretended Mar- riage, or rather Shew of Marriage, between the faid J. A. and the faid A. A. otherwife B. the Minor in this Caufe, in Fad:, tho' unduely folemnized, or rather prophaned, by reafon of Inceft, may be diflblved and annulled, and pronounced to be null and void from the beginning, and the faid J-. A. be condemned in Cofts of this Suit, made or to be made on the Part and Behalf of the faid A. A. otherwife B. ac^ling by the faid R. B. her Guardian, and compelkd to the due Payment thereof by you and your definitive Sentence or final Decree to be given in this Caufe, and further to do Z 3 and '343 Cfjc Clerk'^ 3n(!cimo? and decree in the PremiiTes what Ihall be lawful in this Behalf, not obliging herfelf to prove all and Angular the Premifles, or to a fuperfluous Proof thereof, againft which the Parry Proponent protefts ; and prays that fo far as (he (liall prove in the Pre- miiTes, fo far (he may obtain (the Benefit of the Law being always preferved) humbly imploring the Aid of your Office in this behalf. Exhibit inarhed (J) pi faded in the foregoing Libel. Day of — in the Year of our Lord The Affidavit the Defendant "TyTHICH Day appeared perfonally jnade on ob- \y j^ ^^ ^^ ^^^ p^^j^ ^^ ^ .^ ^^^ tair.:ng Li- _ J - -r^ i , , i cence for the County Of Bachelor, aged above firft Marriage Twenty-one Years, and alledged, that he pleaded in the intendcth to intermarry with M. B. of EheUbef °^ ''" ^^^ County of Spinfter, aged above Twenty-one Years, not know- ing or believing any Impediment, by Rea- fon of any Precontract, Confanguinicy, Af- finity, or any other lawful Means whatfo- Extrafted ever, to hinder the faid intended Marriage; from the Re- of the Truth of which he made Oath, and giftry of the pf^yej Licence to folemnize the laid Mar- the LoXBi- ^^^g^ ^" ^^^ Parifh Church of- in the /toD of— — County of — — aforefaid. J. A. Sworn before me W. W. S ijrrogate. ^. P. Deputy Regifter. fit tDe CccleftaRical Comts. 343 (S.) Thefe are to certify "whom it may con- The Cenifi- cern, That J. A. of ^ in the County cate of the of Bachelor, and M. B. of in the laid Marriage ,r> r n • rL -J pleaded in the County of. — • Spmfter, were married fourth Article. in the Parifh Church of aforefaid, the Day of — — in the Year of our Lord by Virtue of a Licence from the Lord Bifhop of by me the Redor of the faid Parifh. W. B. (C) Thefe are to certify, That IV. A. Son of tIxc Certiti- y. and M. A. was baptized on the cate of the Day of in the Year of our Lord ■ ^aptifm of a as appears from the Regifter of Chriften- l^j J;\S^" ]ngs ror the Parim of -in the County under the fint of IVitnefs my Hand the Day Marriage, of ._ pleaded in the 77/ p fixth Article ''^ • ^' of the Plain- tifPs Libel. Thefe are to certify. That M. B. the The Certifi- Daughter of C. B. and R. B. his Wife, was cate of the baptized on the Day of in the Baptifmofthe Year of our Lord as appears by the j^'ant's^fiH?" Regifter of Chriftenings for the Parifli of w,fe pjeadcd in the County of IVitnefs my in the eighth Hand the Day of Article. W, B. Redor. Z 4 (EO ^ A 44 C&c Clrrli's' SinCicuao? Certificate of Thefe are to certify, That yl. B. the the faid De- Dauf;hrer of C. B. and R. his Wife, was ^'""^rSf^'' baptized on the — Day of-^in the Year of cond Wiles ^ t j . i r. -n. Baptifm O'--'^ JLord -- — - as appears by the Regiiter pleaded in the of Chriftenings for the Parifh of • in aforefaidArti- the County of— — IVitncfs my Hand the ele. j)ay of IV, B. Day of— in the Year of our Lord — • The Affidavit Appeared perfonally 7. A. of the Parifh ?a^ DeL «f — i'-' ^^^^^^ County of Widower, darit on the aged Twenty-one Years and upwards, and Grant of the aUedged, that he intendeth to marry with Licence for j 5 of the PariHi of in the County MarrtgT'^ ^^ Spinder, aged Twenty-one Years ; pleaded in the ^''-d that he knowcth of no lawful Let or itjnih Article. Impediment by Reafon of any Precontradl, Confingisinity, Affinity, or any other law- ful Means whatfoever, to hinder the faid intended Marriage; of the Truth of which he made Oath, and prayed Licence to fo- jcinnize the faid Marriage in the Parifh Church of in the County of • 7. A. Sworn before me J. B, gurrrogate. in tfie CctleSatttcal Couvtss. 34$ (G.) I do hereby certify, That J. A and Certificate of A. B. were married in the Parifti Church the faid fe- of in the County of on the . ^^""^ ^^M Day of in the Year as appears [iX mdfth from the Regifter Book of the faid Mar- Article of the. nage. IVitnefs my Hand this Day Libel. of 7. B. Reaor of J Troxy appoi72ti72g a l^roUor to ap- pear for the T^efejidant to fee a Li- bel given ill and admitted^ and to give a Kez^citive IJfue thereto in the fame Caufe, A- other wife B. by Guar-") dian againft A. j WHereas a pretended Caufe of Nul- hty of Marriage, by Reafon of In- cefl:, is commenced and brought in the Court of the Qoere infert the Court in which the Caufe is heard^ ivith the Style thereof^ by A. A. otherwile B. acling by R. B. Wi- dow, her Mother and Guardian, againft y. A. her Husband in Fa6l. Now know all Men by thefe Prefents, That I the faid J. A. have conftituted and appointed, and by thefe Prefents do con- ftitute and appoint IV. B. R, C and J. L. Notaries Pubiick, and Procurators General of the Arches Court of Canterbury') jointly and 3^6 m)t Cfet{v0 JnffntSoi dnd feverally, to be my true and lawful Prodlor or Prodlors, for me and in my Name to appear before the Right Worfhip- ful J. B. Do6lor of Laws, (here infert the Title of the Judge') of the Reverend Father in God y, by Divine (here mention the Archhijbop or Bifiop to whofe Province or Diocefe the Caufe belongs) his Surrogate, or fome other competent Judge in this Behalf, to fee a Libel given in and admitted in the faid Caufe, and to give a Negative Iflue thereto, and to fee Witnefles produced and fvvorn, and to adminifter Interrogatories to fuch Witnefles, and to give in one or more Allegation or Allegations, and pro- duce Witnefles thereon, and to pray a de- finitive Sentence or Juftice in the faid Caufe, and generally to aft and do for me in the faid Caufe, hereby promifing to ratify and confirm whatfoever my faid Proc- tors, or any or either of them, fhall lawfully do or caufe to be done therein. In IVitnefs thereof I have hereunto fet my Hand and Seal this Day of—— in the Year of our Lord — — - J. A. Sealed and delivered in the Prefence of us L.R, E. a J II! tU Ccclefiafficnl Courtjj. 347 j^ T)ecree for the defendant s An- fwers to the Libel, A. otherwife B. by Guar-7 dian againft A. j* WBy Divine (Jjeve infert the Arch- • l^ijhop or BiJJjop to whofe Province or Diocefe the Caufe belongs) To all and fingu- lar Clerks and literate Perfons whomfoever and wherefoever in and thro'out our {here infert the Jtirifdi^ion and Style of the Court) Greeting : Whereas the Right Worfhipful J. B. Do6^or of Laws, Qjere infert the Title of the Judge) lawfully conftituted, rightly and duely proceeding in a certain Caufe of" Nullity of Marriage, by reafon of Inceft, now depending before him, betv;een A. A. otherwife B. a Minor, (Wife of the faid y. A.^ of the Parifh of in the County of ading by Jl. B. Widow, her Mother and Guardian lawfully appointed, the Party Agent and Complainant of the one Part, and f. A. the Party accufed and complained of, on the other Parr, did, at the JPetition of the Prodlor of the faid A. A, otherwife B. ading by the faid R. B. Wi- dow, her Guardian, decree the faid 7. A. to be cited in Manner and Form, and to the Eife6t herein after mentioned, (Juftice fo requiring,) We therefore do by thele Prefents authorize, impower and ftrictly injoin ye, jointly and feverally, that ye peremptorily cite, or caufe to be cited, the j^forefaid "J. A. (by executing thefe Prefents on 348 'SDIje €Ut^'0 tnfitimi on Mr. y. L. Notary Publick, his the faid y. A's original Pro6lor in this Caufe) to appear perionaliy before our faid his Surrogate, or fome other competent Judge in this Behalf, in the (Jjere fpecify the Place of Appearance) and Place of Judicature there, on the Day of • next enfuing, between the Hours of — - and in the noon of the fame Day, then and there to give in his Perfonal An- fwers upon Oath to the feveral Articles or Pofitions of a certain Libel and Exhibits therein mentioned in the faid Caufe, on the Part and Behalf of the faid A. A. other- wife B. afting by the faid R. B. her Mo- ther and Guardian, and further to do and receive as to Law and Jullice fliall apper- tain, under Pain of the Law, and Contempt thereof^ and what ye fhall do in the Pre- mifles ye (hall duely certify our faid ^ his Surrogate, or fome other competent Judge in this Behalf, together with thefe Prefents. hated the ■ Day of — - — > in the Year of our Lord ■ T:ke in tlje (JEcclefianical Courts?. 34^ The Terfojial Anfwers of ], Pi. of the TariJJj of i7i the Coti7ity of made to the pretefided ^olitioju or Articles of a certain preterided Li- bel^ and to the pretended Exhibits thereunto annexed^ ci'ven in and ad- mitted againfi him on the Tart and behalf ^of A. A. othenzife B. a Mi- fior^ aBing by R. B. Widow^ her na- tttral and lawful Mother and Guar- dian^ laivfully appointed^ follotv^ {to witi) A. otherwife B. by Guar-7 dian again ft A. S TO the firft, fecond, third, fourth, fifth Defendant and fixth pretended Profitions or Ar- confefTeth the tides of the faid pretended Libel, and to J^^J gxhSf the pretended Exhibits marked A. B. and pleaded in the C therein exhibited, this Refpondent an- firft, fecond, fwereth, that he believeth, and as to fo ^^^^^ird, fourth, much as relates to himfelf confefTeth, the faid Articles and Exhibits, and every of them, to be true in every Part thereof To the feventh and eighth pretended Seventh and Pofitions or Articles of the faid pretended ^jg^th Am Libel, and to the pretended Exhibits marked D. and E. thereunto annexed, this Refpon- dent anfuereth, that he beiieveth the faid Articles and Exhibits, and every of them, to be true in every Part thereof. fifth and fixth Articles. cles confefTed. To 350 €6e €ittK0 'SiWittmoi Ninth Article To the ninth pretended Pofition or Ar« pleading the ^j^j^ ^f ^^^ ^^j^ pretended Libel, this Re- Artifices uled /- , r. ^, j i . i i , by the faid ipo?''^ent anlwereth, and denieth, that he Deiendani on this Refpondent did by falfe and artful In- his fecond finuations feduce and intice the articulate Wife denied. ^ ^^ otherwife B. from her Mother's Houfe, or take Advantage of her tender Years as articulate, for that at or about the Time articulate, fhe the faid yf. ^. otherwife B. did voluntarily and of her own Accord, and (as fhe told this Refpon- dent) by the Diredlions of her Mother (which this Refpondent believes to be true) come to this Refpondent's Houfe, and then and there feveral Times told and declared to the Refpondent, and to feveral other Perfons in the Refpondent's Prefence and Hearing voluntarily, and of her own Ac- cord, that ihe the faid yf. y4. otherwife B. was of Age, and above Twenty-one Years old, and the Refpondent never knew, or otherwife heard, of the Age of the faid yf. till after the Commencement of this Suit; and this Refpondent faith, that referring himfelf to the Law he is advifed, and therefore humbly conceives he is not by Law obliged to anfwer to the faid pretend- ed Poficion or Article, or any Part thereof As to the Xo the tenth, eleventh, twelfth, thir- *°'h' '' h t^^"^^ ^"^ fourteenth pretended Pofitions and lAth^Ar- ^^ Articles of the faid pretended Libel, and tides, and to to the pretended Exhibits marked F. and G. the Exhibits therein exhibited, this Refpondent anfwer- Kf DefeT ^^^ ^"^ ^^'^^' ^^^^ ^^ referreth himfelf to dant^ claims ^^^ Law, and that he is advifed, and thcre- the Benefit of fore humbly conceives that he is not by the Law not Law obliged to Anfwer to the faid Arti- to anfwer. ^ ^j^g in tSe €ccleria(!icr.l Courtis. 351 cles and Exhibits, or any or either of them, or to any Part thereof. To the fifteenth and fixteenth pretended Pofitions or Articles of the faid pretended Libel, this Refpondent anfwereth and faith, that he doth confefs and acknowledge the Jurifdidion of the Court as articulate. To the laft pretended Pofition or Article of the faid pretended Libel, this Refpondent anfwereth and faith, that he believeth and confefieth what he hath believed and con- feflcd, and denies what he hath denied. A ^Decree 171 order io cite a *perfo7i hy Ways and Mea?is to appear cvejy Qeiieral Se£i07i to fee a Libel gic'eu in and admitted^ and Se?2tence pro- miilged^ in a Caufe of Ntdlity of Marriage^ hy reafon of a former Marriage, E By Divine Permiflion Lord Bifhop of ' To all and fingular Clerks and literate Perfons whomfoever and wherefo- ever in and thro'out our whole Diocefe of — Greeting; Whereas the Worfhipful H. H. Dodor of Laws, Qhere recite the titles of the Judge) of our Court of lawfully appointed, rightly and duely pro- ceeding, at the Petition of the Prodor of A. B. of the Parifli of and Diocefe Qf ^ alledging, that C B. of the Parilh of hath been lately cited and called to appear before our faid his Surro- gate, or fome other competent Judge in this Behalf, 352 Cljc ClcrV^ Jnilruffoi Behalf, on a certain competent Day, Time and Place therein appointed, and now paft, to anfwer unto the {aid A. B. in a certain Caufe of Nullity of Marriage, by realon of a former Marriage- and that the faid C B. no ways appearing, but contumacioufly abfenting herfelf, was thereupon pronunced Contumacious, and in Pain thereof decreed excommunicated, (Juftice fo requiring j) And that the faid C B. by our Authority Ordinary and Epifcopal, was publickly and openly denounced Excommunicate in the Face of the Church, to wit, in the Farifh Church of- and who ever fince has continued, and ftill does continue and per- fevere Contumacious, and under fuch Sen- tence of Excommunication (contemning the Ecclefiaftical Cenfures) withdraws and ab- fconds from Juftice in this Behalf j there- fore the Judge aforefaid hath, at the Peti- tion of the Prodlor of the faid yf. B. de- creed the faid C. B- to be cited and inti- mated to appear in Judgment in Manner and Form as hereafter is defcribed and fee forth, (Juftice fo requiring j) We do there- fore authorize, impower and ftriclly injoin and command you, jointly and feverally, peremptorily to cite, or caufe to be cited, the faid C. B. perfonally, (if llie can be fo cited, and ye can have fafe and free Accefs to her fo to do) othervvife by publickly affixing this our Citation for fome Time upon the outward Doors of the Houfe or laft ufual Place of Abode of the faid C. B. or on the outward Doors of the Parifh Church wherein the faid C B. doth now or did lately dwell, during the Time of 1 Divine fit tl}t Ccclefiafffca! €M't^. 353 Divine Service, on the Sunday or Feftivsl Day next imniediarely following your Re- ceipt of thefe Frefents, and leaving there affixed a true Copy thereof, and by all other lawful Ways, Means and Methods whatfoever, whereby this our Citation or Decree may mod likely come to the Know- ledge of her the faid C. B. fd to be cited and intimated as aforefaid, to appear before the Worfhlpful //. //. Dodor of Laws, -- aforefaid, his Surrogate, or Tome other competent Judge in this Behalf, in {here fpecify the Place of /^ppcara72ce'^ and Place of Judicature there, upon the SefTion of Term, to wit, upon the Day of next enfuing, between the Hours of and in the noon of the fame Day, then and there to anfwer unto the faid yl. B. in a certain Caufe of Nul- lity of Marriage, by reafon of a former Marriage, and alfo upon all and every other General Sefiion and Seflions to be held there from thence, until a definitive Sentence fiiall be read and promulged in the faid Caufe inclufively, and to fee and hear a Libel, and other Matters concludent in Law, given in and admitted on his Behalf, a Term nfligned to prove the fame, Wit- neflTes produced, received and fworn there- upon, and their Sayings and Depofitions publifhed, a Term and Terms affigned to propound all Matters, the Caufe aiHgned for Conclufion, and to be concluded and affigned for Sentence, and to hear a defini- tive Sentence read and publifned therein ac- cording to Law, and all and fingular other judicial Ads neceflary and by Law required A a to 354 ^^8^ CJet^'iS JnCfniSo? to be done and expedited in and about the PremifTes, and further to do and receive as to Law and Juftice fhall appertain, under Pain of the Law, and Contempt thereof ^ and ye (hall further peremptorily intimate, or caufe to be intimated, the faid C. B. (to whom we intimate by the Tenor of thefe Prefents) that if (he does not appear on the Day, Time and Place, and to the Ef- fect aforefaid, and from thence on every General SefRon and Seflions, until a defini- tive Sentence fhall be read and promulged in the faid Caufe inclufively, or appearing fhew not fufficient Caufe to the contrary, concludent in Law, the Judge aforefaid, his Surrogate, or fome other competent Judge in this Behalf, doth intend to proceed, and will proceed, to the admitting of a Libel, and other Matters concludent in Law, and to the Afligning of a Term to prove the fame, and to the Receiving, Swearing and Admitting Witnelfes thereon, and to the Publication of their Sayings and Depofi- tions, and to the AfTigning of a Term or Terms to propound all Matters, and to the Affigning of a Term to conclude the Caufe^ and to the concluding and affigning the Caufe for Sentence, and to the Reading and Promuloiris: of a definitive Sentence therein, according to Law, and further to the expediting all other judicial Adls that fhall be neceffiry and required by Law to be done and expedited in and about the PremifTts, the Abfence, or rather Contu- macy, of her the faid C. D. in any wife notwithftanding j and what ye fhall do, or caufe to be done, in the PremifTes, ye fhall duely duely certify our ■ afofefaid, his Sur- rogate, or feme other competent Judge in this Behalf, together with thefe Prefents. Datedy &c. A Libel in a Catife of Nullity of Mar- riage^ by reajoji of a former Mar- riage^ "vA^er^in the Record co?wi6ii7ig the Tarty of FeloJiy for the feco?id Marriage is exhibited a?2d pleaded, IN the Name of God, y^mcn : Before you the Worihipful H. H. Do<5lor of Laws, Vicar General of the Right Re- verend Father in God E. by Divine Per- miflion Lord Billiop of -^ and • of his and Court of = — — lawfully appointed, or your Surrogate, or fome other competent Judge in this Behalf, the Prodor of //. P. againft Af. K. othcrwife H. other- wife T'. othcrwife P. of the Parifh of- in the County of and Diocefe of - now or lately the Wife of J. 1". and againft any other Perfon or Per ions whatfoever, lawfully intervening or appearing for her be- fore you in Judgment by way of Com- plaint, and thereby complaining unto you in this Behalf, doth fay, alledge, and in Law propound articulately as follows, (that is to fay,) I. That the faid M. K. othcrwife //. other- wife ^ othcrwife P. being, or pretending to be, a fingle Woman, and free from all ma- trimonial Contrac^ts, did in the Months of A a 2 35^ C&e ClcnV^ S-nanmoj • and which was in the Year of our Lord or in fome or one of them, receive and entertain one J. iT. as a Suitor to her in the way of Marriac^e, and a Marriage was in Fact folemnized be- tween them tiie faid J. and M. on or about the Day of the faid Month of ■ in the Chapel of the Fleet Prifon, LGudou^ by J. M. Clerk, a Pritft in the Holy Or- ders of the Church of E'ligland^ or by fome other Minifter in fuch Orders then offici- ating as fuch in the faid Chapel, according to the Rites and Ceremonies of the Church of England', nnd a Memorandum or Entry of fuch Marriage was made and entred in the P,.cgiftry or Book kept by the faid M. for the Regifiring of Marriages by him fo- lemnized in the faid Chapel, and the faid Entry is made or cr.tred in the Names of J. T. and M. K. without any other Addi- tion or Denomination, as by tlie faid PvC- gif!:ry or Book may and doth appear j and this was and is true, publick and iiororious ; and the Parry Proponent doth alledge of any other Time and Place as fhall appciir from the Proofs to be njade in this Caufe, and of every Thing elfe, jointly and fe- verally. 2. That the faid y. and M. did confam- mare tlie fad Marriage by Carnal Copula- tion, and did live and cohabit together as Man and \\ ife, and did lie ns fuch in one and the fame Bed, naked and alone toge- ther, iit a Houfe fitune in in the I'ariib of in the County of and for and ?s liwful Man and Wife were com- monly accounted, reputed and taken to be; 1 and and this wns and is true, pu'olick and no- torious, and thereof there was and is a pub- lick Voice, Fame and Report in the Parifh of aforeiaid, and other Pariihcs and pubiick Places adjacent thereto; and the Party Proponent doth alledge of any other Time and Place, as ihall appear from the Proofs to be made in tliis Caufe, and as be- fore. 3. That fometime after the Solemnisa- tion of the faid Marriage in the preceding Articles mentioned, and the mutual Co- habitation of the faid J. and 31. as be- fore alledged, the faid. M. K. otherwile H. otherwife fT. otherwife P. pretend- ing that fhe was a Spinfter or fingle Wo- man, did give Encouragement to the faid H. P. Party in this Suit, being then a Ba- chelor, to make his AddrefTes to and court the faid M. in the way of Marriage, and they the faid //. and M. did accordingly agree to be married, and on or about the • Day of in the Year of our Lord they the faid H. P. by the Name and Addition of //. P. of in the County of Bachelor, and fhe the faid M. by the Name and Addition of M. K. of the Parifh of • in the County of Spinfter, were in Fa61: joined together in the Eftiate of Matrimony, in the Parilli Church of aforefaid,. by Mr. F. S. Clerk, a Minifter in Koly Orders of the Church oi England^ (who was then the Cu- rate of the faid Parifh, but fince deceafed} according to the Rites and Ceremonies of the Church of England (by Virtue of a Licence for that Purpofe firft duely ob- A a 3 tained}^ 358 m)t C!eiV0 Jnftruao? tained) in the Prefence of feveral credible Witnefles ; and this was and is true, pub- lick and notorious j and the Party Propo- nent doth alledge of any other Time and Place, as lliall appear from the Proofs to be made in this Caufe, and as before. 4. That for Supply of Proof of the Pre- • mifles in the next foregoing Article men- tioned, the Party Proponent doth exhibit hereunto annexed the Certificate of the faid Marriage in Parchment, marked with the Letter ^. which faid Certificate the Party Proponent prays may be taken as if here read and inferted for Part and Parcel there- of, and did, and doth alledge, that the faid Certificate was and is totally v^rote and lubcribcd by and with the proper Hand- writing of the faid F. S. and fo known and believed to be by feveral Perfons, who well knew and were acquainted with the Manner and Character of Hand-writing of the faid F. S. and that the faid Certificate doth in all Things agree with the Regiftry Jlcept for Marriages folemnized in the faid Parilh Church of and that all Things were fo had and done as in the faid Certi- ficate is contained i and the Paity Propo- nent doth alledge and propound as before. 5, That after the Solemnization, or ra- ther Prophanation, of the faid Marriage, between the faid H. and M. they did con- fummate the fame by Carnal Copulation and mutual Cohabitation, and the faid H. and Ai did live and cohabit together asr Man and Wife for feveral Months after the Solemnization, or rather Prophanation, of ^he faid Marriage in the Parifli of in the fit tfje (BccUtmiM €oum. 359 the County of and other Parifhes and publick Places adjacent thereto, and were commonly accounted, reputed and taken to be Man and Wife, until fuch Time as it did appear, or that the laid H. P. had Notice given him, that the aforefaid y. T. the faid M.'s Husband, to whom fhe was married on the Day of in the Year of our Lord was alive ; and this was and is true, publick and notorious ; and the Party Proponent doth alledge of any other Time and Place, as fhall appear from the Proofs to be made in this Caufe ; and the Party Proponent doth alledge and pro- pound as before. 6. That the faid H. P. being informed of fuch the faid Marriage between the faid J. 2^. and the faid M. did withdraw him- felf from the Company and Converfation of the faid M. and did afterwards caufe a Bill of Indidment to be brought at the General Seflions of the Peace for the City of London^ at the Guild-hall of the faid City, upon the Day of laft pad, againft the faid M. by the Name of M. K. Wife of —a:, late of other- wife M. H. late of Spinfter, other- wife M. T, Wife of — sT. late of otherwife M. P. Wife of H. P. late of ■ for Felony for marrying the faid H. P. J. T". the firft Husband being then living; which Bill of Indidment was then and there found by the Jurors againft the faid M. as by the Records of the faid Seflions, to which the Party Proponent re- fers himfelf, may more fully and at large appear ; and this was and is true, publick A a 4 and l6o Clje Cicrli'd JurrriiKa? and notorious ; and the Party Proponent doth alledge of any other Time and Place, as ihall appear irom the Proofs to be made in this Caufe ; and the Party Proponent doth alledge and propound as before. 7. That at the Gaol-Delivery for I^CW' giite, held for the City of London at the Juftice-Hall in the Old Bailey, on the Day of the faid Month of the faid M. by the Name of M. K. otherwife M. H. Gthervvife M. 2". otherwife M. P. being then in Cuftody, and brought to the Bar, did plead Guilty to the aforefaid Indidrnent, and thereupon the Court did adjudge that the faid ill fliould for the faid Felony be burnt in the Left Hand, and fhe did ac- cordingly undergo the faid Punifliment ac- cording to the faid Judgment; and this was and is true, pnblick and notorious; and the Party Proponent doth alledge of any other Time and Place, as fhall appear from the Proofs to be made in this Caufe; and the Party Proponent doth alledge and propound as before. 8. That for Supply of the PremilTes in the two ne-st preceding Articles mentioned, the Party Proponent doth exhibit, and hereunto annex, a Copy of the Record of the faid Proceedings fo had and done at the Guild-ball and Old-Bailey, marked with the Letter B. and did, and doth alledge, that the fame is a true Copy of the original Re- cord now remaining in the Office of the Clerk of the Peace of the City of London, and carefully examined rherevvith, and is figned by Mr. f. the Town-Clerk, referring 10 the fdid Copy of the faid Record ; and tbiS was fn tlje Ccclcfiadical Coatts?* 361 was and is true, publick and notorious, and the Party Proponent doth alledge as before. 9. That M. K. that was fo married to the CM J. ^. and M. K. otherwife M. H. otherwiie M. T. otherwife M. P. who was lb indided and punifhed (as appears by the Copy of the faid Record) was and is one and the fame Peifon, and not divers, and this was end is true, publick and notorious j and the Party Proponent doth alledge and propound as before. 10. That the faid J. 3l is now living, or at leaft was alive at the Time of the Solemnization, or rather Prophanation, of the faid Marriage between the faid M. and the faid H. P. (that is to fay,) on the Day of' and did live fome Months after, and was feen and known by feveral of his Friends and Acquaintance after the faid Day of and this was and is true, publick and notorious ^ and thereof there was and is a publick Voice, Fame and Report j and the Party Proponent doth alledge of any other Time and Place, as fhall appear from the Proofs to be made in this Caufe ; and the Party Proponent dotli alledge and propound as before. 11. That the faid M. K. otherwife PL otherwife 2^ otherwife P. was and is of the Parifh of and Diocefe of and by reafon thereof is fubjeifl to the Jurif- didion of this Court; and the Party Propo- nent doth alledge and propound as before. 1 2. That the faid //. P. the Party Agent in this Caufe, hath rip;htly and duely com- plained of the Premiffes to you the Judge aforefaid, and to this Court 3 and the Party 36z m)z €\zt\(f^ %\\mmi Party Proponent doth alledge and propound as before. 13. That all and fmgular the PremiflTes were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, and of which legal Proofs being made, the Party Propo- nent prays Right and Juftice to be efFe6tu- ally adminiftred to him and his Party in the PremifTes, and alfo that the pretended Marringe aforefaid contraded, had and fo- kmnized between the faid H. P. and M. K. otherwife H. otherwife I', otherwife P. was and is void and of no EfFe61: in Law, and did and doth want the Force and EfFed: of the Law, and may be fo pronounced, and be pronounced free from any Bond of Marriage with each other, and that the faid H. P. may have the Liberty and Freedom of Mar- riage with any other Woman ; and that the faid M. K. otherwife //. otherwife ^. otherwiie P. be condemned in the Cofts of this Suit made, and to be made, on the Part and Behalf of the f^iid H. P. and com- pelled to the due Payment thereof by you, and your definitive Sentence or final Decree to be given in this Caufe, and further to do and decree in the Premifles what (hall be lawful in this Behalf, not obliging him- felf to prove all and fmgular the Premifies, or to the Burden of a fuperfluous Proof, againft which the Party Proponent proteftsi and faving always to himfelf all Benefit of Law, prays that fo far as he flial! prove in the Premiflls, fo far he may obtain in this h s Suit, humbiy imploi:ing the Aid of your Office in this Behalf. fit tfje Ccclefianfcnl Courts* a.53 J71 AU of Court upon the Admi[fion of an Alkgcition^ graiiti?!^ a li^ecree for Anfwcrs^ as aljo upon prGdncing of Witmfjes and an Interpreter* S. againft il.7 K. G. S UPON the Admiffion of (7.'s Allega- tion, and upon his Petition, a Copy thereof being delivered two Days before ^ on which Day G. prayed his Allegation to be admitted in the Prefence of S. for R. not oppofing the Admiflion thereof^ where- upon the Judge, at the Petition of G. ad- mitted the faid Allegation, and decreed the faid J. S. Efq; R's Client^ to be cited at the faid Mr. R.'s Office to appear on the Sefllon of Term, to wir, on the Day of in (J)cre fpecify the Place of Appearance') between the Hours of • and in the noon of the fime Day, and give his Perfonal Anfwers to the feveral Pofitions or Articles of the faid Alle- gation, by Virtue of his corporal Oath, under Pain of the Law, and Contempt thereof; this being done, G. exhibited an Affidavit on the Oath of his Client the faid E. S. Party in this Caufe, in the Prefence of S. for R. who exhibited an Affidavit on the Oath of his Client the faid J. B. alfo a Party in this Caufe, which they refpedively prayed to be admitted ; whereupon the Judge, having heard Advocates and Pro61ors on both Sides, referved Gh Petition ; which being done, S. for R. on the Libel given in and admitted in in this Caufe on the Part and Behalf of his faid Client, produced as WitnefTes^. D. and D. H. whom the Judge, at his Petition, admitted and adminiftred to them refpec- tively the ufual Oath of a Witnefs, and ad- monifhed them to undergo their fever^l Examinations whenever they fliouid have timely Notice thereof^ then the faid ^S*. for K. produced H. G. who was fworn and ad- monifhed to perform the Office of an Inter- preter, at which Time the faid S. for R. on the Libel given in and admitted as afore- faid, produced C P. as a Witnefs, whom the Judge admitted and adminiftred the ufual Oath, and admonifhed to the Effed: aforefaid, by the Interpretation of the faid H. G. in the Prefence of G. diffenting thereto; and having the ufual Time by Law required for the adminiftring Interro- gatories to all the faid VVitnefTes, if he fliall think, fit, or any other Time before their Examinations. y/ St7itej2cc in a Caufe of Ni'Jlity of Mar- riage by reafo?i of a former Marriage. N the Name of God, Amc7i : We //. H. Doctor of Laws, Vicar General of the Right Reverend Father in God E. by Di- vine Permiffion Lord Billiop of and (^hcre iiifert the 'jtitle of the Judgc^ of the • Court of lawfully appointed, rightly and duely proceeding, having heard, feen and underftood, and fully and mature- ly difculTcd the Merits and Circumftances of a certain Caufe of Nullity of Marriage, by in tijc €cclcnaf!ical Ccnit^» 355 by reafon of a former Marriage, which is controverted, and remains undetermined before us in Judgment between A. IL other- wife D. late of the Parifh of bur now of in the County of . the Party Agent and Complainant of the one Part, and J. D. late of in the County of but now of the Parifh of • the Party accufed and complained of, on the other Part ; and the Parties aforefaid lawfully appearing before us in Judgment by their Prodors refpedively. and the Proc- tor of the faid A. H. otherwife D. praying Sentence to be given, and Juflice to be done to his Party j and the Prcdior of the faid y. D. alfo earneftly praying to be done to his Party, and having firft care- fully and diligently fearched into and con- fidered of the whole Proceedings had and done before us in this Caufe, and having ohferved all and fingular the Matters and Things that by Law in this Behalf ought to be obferved, we have thought fit, and do thus think fit, to proceed to the giving our definitive Sentence or final Decree in this Caufe in Manner following : Foraf^ much as by the A6ls enabled, deduced, al- ledged, exhibited, propounded, proved and confefTed in this Caufe, we have found, and it doth evidently appear unto us, that the Proilor of the faid A.H. otherwife Z). hath fufficiently and fully founded and proved his Intention, deduced in a certain Libel, and other Pleadings and Exhibits given in, exhibited and admitted on her Behalf in this Caufe, and nov/ remaining in the Regiftry of this Court (which faid Libel, other Pleadings 1^6 C6e €\tx^^ Jnffnmo? Pleadings and Exhibits, we take, and will have taken, as if here read and inferred) for us to pronounce, as herein after is pro-, nounced; and that nothing, at leaft nothing efFe-^ual in Law, hath on the Part and Be- half of the faid y. D. been excepted, de- duced, alledged, exhibited, propounded, proved or confeffed in this Caufe, which may or ought in any wife Defeat, Preju- dice or Weaken the Intention of the faid A. H. otherwife D. Therefore we H. H. Doftor of Laws, the Judge aforefaid, firft calling upvin the Name of Chrift, and ha- ving God alone before our Eyes, and having heard Counfel in this Behalf, do pronounce, decree and declare, that the faid J. D. and E. S. mentioned in the Proceedings of this Caufe, being free from all matrimonial Con- tracls or Efpoufals, did, at the Time and Place in this Caufe Libellate, contrad true, pure and lawful Marriage between each other, and did folemnize, or caufe the fame to be folemnized in the Face of the Church, and afterwards confummated the fame by Carnal Copulation and mutual Co- habitation, and that the faid J. D. and E. S. were and are lawful Husband and Wife 5 and we do pronounce, decree and declare for the Force, Validity and Effect of the faid Marriage had, contracl:ed, fo- lemnized and confummated between them as aforefaid, to ail Intents and Purpofes in Law whatfoever ; and that the faid 'J. D. not having the Fear of God before his Eyes, but being inftigated and feduced by the Devil, did in the Year of our Lord aflfert himfelf to be a Bachelor and unmar- 2 riedy fn tijc €cclcria(!ical Courts* 3£cree for "Dhorce or ScparatloPi for the O'lme of Jdidttry by Letters of Recfjeff. , T B. Doilor of Laws, Cljcre infcrt J » ^itle of the Judge) of the C ■t tie Court of To all and lingular Clerks and literate Perfons whomfoever and wherefo- ever in and throughout the whole • of in tl)t eccfefiaf^fcal Ccttrt^. 387 of Greeting : Whereas we rightly and duely proceeding in a certain Caiile of Di- vorce or Separation from Bed and Board by reafon of Adultery, brought and inlli- tuted by J. D. otherwife G. of -in the County of Efqi in the Dioceie of • the Party Agent and Complainant of the one Part, againft 2V1. D. otherwife G. Wife of the faid J. D. otherwife G. in the fame Diocefe, the Party accufed and complained of, on the other Part, have, at the Prayer of the Proctor of the faid y. D. by rea- fon of Letters of Requeft firlt had and ob- tained from the Worfnipful IV. B. Chan- cellor of the faid Diocefe of — • decreed the faid M. D. otherwife G. to be cited and called into Judgment at the Time and Place, and to the Effed here underwritten, and in the Manner and Form hereafter de- fcribed, ( Juftice {o requiring;) We do therefore authorize, impower and ftridly injoin and command you, jointly and fe- verally, peremptorily to cite, or caufe to be cited, the faid M. D. to appear before us, our Surrogate, or fome other competent Judge in this Behalf, in the {here fpscify the Place of ylppearauce') and Place of Judi- cature tliere, on: the {fpcctfy the Day of Return) • Day after this De(ree fhall have been perfonally ferved on the faid M. D. if it be be a Court-Day, otherwife the Court- Day then next following, at the ufual Hours for hearing of Caufes, and doing of Juftice there, then and there to anfwer to the faid J. D. in the faid Caufe of Divorce or Separation from Bed and Board, and mutual Cohabitation, by rea- C c 2 fon 3S8 m)Z ClcrU'js 3lntot5fci| fon of the Premifles, and further to do and receive what unto Law and Juflice (hall appertain, under Pain of the Law, and Contempt thereof, at the Promotion of the faid 5^- D' ^"d whatfoever ye ihall do, or caufe to be done, in the PremifTes, ye fhall duely certify us, our Surrogate, or fome other competent Judge in this Behalf, to- gether with thefe Prefcnts. Dated at the Day of in the Year of our Lord J Certificate iipoii the KctuvJi of a Com?fiiJ]io7i for ExatJiinaimi of Wit- 7ieJ]es, TO the Right VVorfhipful ^ B. Do^or of Laws, Qjere ivfert the 'title of the Judge') of the Court of his Sur- rogate, or any other competent Judge in this Behalf, we S. S. and C. D. your Com- miflioners, lawfully appointed by Virtue of the Letters Commilfional hereto annexed for the Purpofes hereafter mentioned, do with all due Submiffion make known and certify you by thefe Prefents, that upon — _ the ■« Day of — in the Year of our Lord in the Parjfh Church of — in the County of before us your CommiiTioners aforefaid, then and there judicially fitting, between the Hours of eight and twelve in the Forenoon of the fame Day, ?". D. Notary Publick, being then alfo prefent, C. J. Gentleman, ap- peared perfonally and exhibited a Subftitu- tion to him, direded under the Hand and Seal fit tfje (Z^cclcfiaflical Coutt^. 38^ Seal of E. G. Notary Publick, one of the Proci:ors exercent in the Arches Court of Canterbury, and the original Prodor of B. J. Party in this Caufe, and made himfelf a Party for the faid Pro6tor, and his Party the faid B. J. and prefentcd us your Let- ters Commiflional, fealed with the Seal of the Court of together with an Allegation and Exhibits thereto annexed for the Receiving, Swearing and Examining of all WitnefTes whatfoever to be produced upon the faid Allegation and Exhibits on the Part and Behalf of the faid B. f. and pray- ed that we would accept of the Execution of the faid Commiffion, aivd proceed thereon according to the Tenor and Effect thereof, which Commiflion being read, we your faid Commiflioners did at the Petition of the faid C y. accept of the Execution thereof, and aflumed to ourfelves ^. D. Notary Publick, to be our Aduary or Scribe in this Behalfj whereupon the faid C J. further prayed, that G. H. the original Prodor of y*. IV. the other Party in this Caufe, might be thrice publickly called, which being done, ap^ peared perfonally R. M. Gentleman, and exhibited a Subftitution under the HancJ and Seal of the faid G. H. and made him- felf a Party for him, and then the faid C. 7- pt"oduced before us as necefTary Wit- nefTes to prove the Contents of the faid Al-» legation and Exhibits annexed to your faid Letters Commiflional in this Caufe, whom we your faid Commiflioners, at the Peti^. tion of the faid C. J. in the Prefence of the faid R. M. dilTenting and protefting to their Produdion, Swearing and Examination, and C c 3 praying ;9o m)t ClrrV0 S^n^ruso? praying the ufual Time of adminiftring Tn- terrog^itories to be admitted and admini-? ilred to tiiem, and each of them, on Oath, upon the Holy Evangelifts, to depole the Truth, and nothing but the Truth, with- out Favour or AtFcilion, Hatred or MaUce to either of the Parties in this Caufe, and admoniilied the faid WirnelTes to undergo their refpedive Examinations before their Departure J this being done, we your faid Commifiioners, both Parties thereto con- fenting, prorogued and continued the fur- ther expediting of this Commifiion to • at the Houfc of • at which Time and Place, before us your Commifiioners afore- faid, the faid R. M. exhibited certain In- terrogatories in Writing, and prayed that the faid WitntfTes might be rer}>e(;!tiveiy examined thereon ; and we your faid Com- mifiioners, whofe Names are fubfcribed to the feveral Depofitions of the faid WitnefTes, produced and fworn as aforefaid, having affumed to ouri'elves the faid 'T'. D. to be our Aduary or Scribe in this Behalf, pro- ceeded to the private and feparate Exami- nation of the faid WirnefTes fo produced and fworn as aforefjid, and exnniined the fame accordingly upon the faid Allegation and Exhibits thereto annexed, and alfo upon the faid Interrogatories admin iftred to them, and every of them, on the Part and Behalf of the faid ^. IV. and the Sayings and Depofitions of each and every of the faid WitnefTes had and taken before us be- tween the Parties abovementioned, are Word for VV^ord as they are contained in the feveral and reffeil:i\e Sheets of Paper following. The fa tlje ^ccIcOarrfcaf Couitd* 391 The faid Examination being compleat and finifned, we your faid CommilTloners have cauied to be rranfmitred the Sayings and Depofitions of the faid VVitncffts pro- duced, admitted, fworn and examined, to- gether with your faid Letters Commiffional, and the whole and intire Proceedings had atld done before us as aforefaid ; and we do by thcfe Prefents tranfmit the f^me unto you the faid Rif;ht Woiriliipful J. B, your Surrogate, or any other competent Judge in tliis Behalf, in this authentick. Form. In I'eftiinony whereof we your faid Commifiioners have hereunto fubfcribed our Names, and affixed our Seals. And i the faid T. D. Notary Publick, lawfully appointed by P.oyal Authority, being in the Bufmefs aforefaid, affumed by your Commiflioners as aforefaid, by reafon that I was prefent at the Prefentation and Acceptation of the Letters Comniiffional hereto annexed, and at the Pioducriion, Admiffion, Swearing and Examination of the W'itneffes abovtmentioned, and at all and fingular the Premiffes aforefaid, in the Year, Month, Days and Places when they were aded and done as aforefaid, and faw, knew and heard the faid Matters and Things fo done, a61ed and fped, therefore by the Command of your faid Commiflion- ers I have made thefe Letters Teftimonial of all the Proceedings abovementioned, and have fubfcribed my Name, and afrixed my accuftomed Seal thereto this Day of * in the Year of our Lord r. D. C c 4 A \9i Hljt €ln\Cti 3!n{fru30? J TDecree for CoJifroJitntion in a Canfe of Separation or ^i'vorce by rtajon of Adultery, By Divine Permiflion Bifhop of ^ To all and fingular Clerks and literate Perfons whomloever and wherefoever in and throughout our Diocefe of Greeting ; Whereas the Worihipful H. //. Dodor of Laws, {here recite the 'Title of the fudge') of the Court of 'law- fully appointed in a certain Caufe of Sepa- ration and Divorce by reafon of Adultery, depending before him in Judgment, be- tween 2^. L. now or late of in the County of the Party Agent and Com- plainant, of the one Part, and J. L. the Party accufed and complained of, on the other Part, rightly and duely proceeding, hath, at the Petition of the Proctor of the faid y". L. decreed the faid J. L. to be cited to appear on the Day, and at the Time and Place, and for the Purpofes here- after deicribed, (Juftice fo requiring 0 We therefore authorize and impov/er, and ftrict- ly injoin you jointly and feverally, that you do peremptorily cite, or caufe to be cited, y. L. to appear before our faid his Surrogate, or fome other competent Judge in this Behalf, in the ( here fpecify tbc Place of Appearance') and Place of Ju- dicature there {here fpecijy the Return) next enfuing, between the Hours of *- and — -^ — in the noon of the fame pay, in order to undergo a Confrontation op in tfte Ccclcfiafticai CouctjJ. 393 or Comparifon, by credible WitnefTes in this Court produced, fworn and examined, and further to do and receive what unto Law and Juftice fhall appertain, under Pain of the Law and Contempt thereofj and what you fliall do, or caufe to be done, in the PremifTes, you ftall duely certify our faid or his Surrogate, or fomc other competent Judge in this Behalf, tO" gether with thefe Prefents. Dated at ■ the Day of in the Year of our Lord 394 €6e €kth'0 JnffniSoi J Libel 172 a Cattfe of Divorce or Se- faratioji by reafoji of Adultery and Cruelty, In the Name of God, Ame^i : Before you the Worfhipful H. H. Dodor of Laws, Vicar General of the Right Reverend Father in God E. by Di- vine PermilTion Lord Bifhop of and of his — — ^- Court, lawfully appointed your Surrogate, or fome other competent Judge in this Behalf, the Prodor of M. A. (the Wife of y. A) of the Parilli of- in the County of againft the faid J. A. and againft any other Perfon or Per- fons for him lawfully intervening or appearing in Judgment by way of Complaint, and hereby complaining unto you in this Behalf, doth fay, al- ledge, and in Law propound articu- lately as follows, (that is to fay,) i.^T^HAT in the Months of in J. the Year of our Lord the faid y. A. being then a Bachelor, and the faid M. A. (then £.) being then a Spinfter or a fingle Woman, and both free from all ma- trimonial Contrails whatfoever, (faving to each other) did mutually and reciprocally contrad themfelves to each other in pure and lawful Marriage, and they the faid f. A. and M. A. were on or about the Day of ' in the Year of our Lord aforefaid, in the Face of the Parilh Church of fit tlje Ccclcfiaffical Courts* 395 of -in the County of joined to- gether in holy Matrimony by A. B. a Prieft in holy Orders, according to the Rites and Ceremonies of the Church of E^igland^ who pronounced them to be law- ful Man and Wife, and as fuch were, are and have been commonly accounted and taken to be by their Relations, Friends and Acquaintance ; and the Party Propo- nent dorh propound every Thing in this Article contained jointly and feverally, and alio doth propound and alledge of any other Time and Place, as fliall appear from the Proofs to be made in this Caufe. 2. That from and after the Solemniza- tion of the aforefaid Marriage between the faid J. A. and the faid M. A. they the faid f, A. and M. A. confummated the fame by carnal Copulation and mutual Cohabi- tation, and lived and cohabited together as lawful Husband and Wife in the Parifh of 'and in other Pariflies and Places; and the Party Proponent doth propound and alledge every Thing in this Article con- tained jointly and feverally, and as before. 3. That tlie faid M. A. was and is a Per- fon of a mild, affable and obliging Temper, and of a very modeft and fober Carriage and Behaviour, and of a Religious and Virtuous Life and Converfation, and for and as a fober, modeft and virtuous Perfon the faid M. A. hath always been and ftill is accounted, reputed and taken to be 3 and the faid M. A. hath at all Times fmce her Intermarriage with the faid ^. A. be- haved herfelf towards him with great Duty gnd Refped, and as a dutiful and indul- gent $$6 mjt €icx%'0 'SMmm gent Wife ; and this was and is true, and well known to the faid J. A. and fo much he dotti believe in his Confcience to be true i and the Party Proponent doth alledge and propound as before. 4. That notwithftanding the PremiflTes in the next preceding Article mentioned, he the faid J. A. being then unmindful of his conjugal Vow, and being of a lewd, vici- ous and debauched Temper and Inclination, did within fome (hort Time after his faid Marriage with the faid M. A. converfe and keep Company with divers lewd, wicked and debauched Women, who were reputed, efteemed and taken to be common Women, or Women of the Town, and had the car- nal Ufe or Knowledge of their Bodies, and daily frequented diforderly Houfes, or Houfes of ill Repute, in and about (y/>^- cify the Name of the Place') in the County of and during the faid Time lay abroad from his Lodgings at the Houfe of (^fpecify whofe Hoiife) all Night, feveral Nights together, from his faid Wife, fome- times three or four Nights in a Week j and this was and is true, publick and notorious, and was obferved by the faid (^fpeafy what Terfon lodged therein) dwelling in the Houfe, and is well known to the faid J. A. and fo much he doth believe in his Confcience to be true ; and the Party Proponent doth al- jedge and propound of any other Time and Place, and as before. 5. That the faid 7- -^- by fuch his Courfe of Life, and keeping Company with lewd and debauched Women, and having the carnal Ufe or Knowledge of their Bodies after in tlje Ccclefiaffical Cctiftg, 397 after his Marriage with the faid M. A. as in the next preceding Article is mentioned, did get and contract the foul Diftemper or Venereal Difeafe, and was much out of order therewith, and fo much was obferved and taken Notice of by C B. the Sifter of the faid J. A. then living in the faid Houfe with him, and others who faw his Shirts and Linen ftained with or by fuch foul Diftemper or Venereal Difeafe, and to whom the faid J. A. did own and confefs that he was ill and out of order with fuch Difeafe, or Words to the fame Eflre6t j and this was and is true, publick and notorious, and well known to the faid f, A. and fo much he doth be- lieve in his Confcience to be true ; and the Party Proponent doth alledge and propound as before. 6. That the faid f. A. not having any Regard or Conjugal Love for his faid Wife, did give or communicate the faid foul Di- ftemper or Venereal Difeafe to her, who was fo ill therewith, that fhe was obliged to, and did apply herfelf to a Phyfician or Surgeon to be cured thereof, who gave her Medicines proper for the faid Diftemper, and the faid M. A. was obliged to and did undergo a Courfe of Phyfick for the Cure thereof i and this was and is true, and well known to the faid f. A. and fo much he doth believe in his Confcience to be true ; and the Party Proponent doth alledge and propound as before. 7. That in the Months of- and ' laft paft, in all, fome or one of the faid Months, the laid J. A, held and kept an 3p8 Cljc Cletlt'd 3[n(!ni?!0^ an unlawful Correfpondence and adulterous Converfation with divers ftrange, lewd and debauched Women, and hath been feen in Bed at the Houfe of E. J. in Courc in ■ with feveral ftrange Women, and more particularly upon the Day of laft was {tQr\ in Bed with a Woman who calls herfelf and goes by the Name of M. B. a Perfon of a lewd, vicious and de- bauched Life and Converfation, and hath frequently, during the faid Time, been feen by M^. K. and others, in Bed with the faid Woman, who goes by the Name of AL B. at the faid E. "J.^s Houfe naked and alone together, and the faid 'J. A. and the faid Woman M. B. lived and cohabited together ^s, Man and Wife during the faid Time, or fome Part thereof, at the Houfe of the faid E- y. in Court in — — aforefaid ^ and this was and is true, and well known to the faid y. A. and fo much he doth believe in his Confcience to be true ; and the Party Proponent doth alledge and propound of any other Time and Place, and of any other Perfon or Perfons, and doth alledge and propound as before. 8. That by reafon of the Adultery and Cruelty of the faid J. A. towards the faid M. A. his Wife, the Cohabitation and Con- verfation of the faid J. A. was and is be- come io dangerous, that fhe the faid M. A. durft not any longer continue to cohabit with the faid f. A. at Bed and Board, and render him conjugal Rites by any Means, without a very great and manifeft Danger of her Life; and this was and is true, pub- lick Ill tl)t Ccclefiaflical Courts. S99 lick and notorious ^ and the Party Propo- nent doth alledge and propound as before. 9. That the faid J. A. was and is of the Parifh of in the County of ■ and Diocefe of < and therefore fubje6t to the Jurifdi6lion of this Court ; and the Party Proponent doth alledge and propound as before. 10. That the faid M. A. the Party A- gcnt in this Caufe, hath rightly and duely complained of the Premifles to you the Judge aforefaid, and to this Court j and the Party Proponent doth alledge and pro- pound as before. 11. That all and fingular the Premifles were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, and of which legal Proof being made, the Party Propo- nent prays you the Worfhipful the Judge of this Court, that Right and Juftice may be eifediually adminiftred to him and his Party in the Premifles, and that the faid M. A. be divorced and feparated from the Bed and Board, and mutual Cohabitation, with the faid f. A. and that he be con- demned in the Cofts and Alimony made and to be made in this Caufe, on the Part and Behalf of the faid M. A. and com- pelled to the due Payment thereof by you, and your definitive Sentence or final De- cree to be given in this Caufe, and further to do and decree in the Premifles what (hall be lawful in this Behalf, not obliging him- felf to prove all and fingular the FremiflTes, or to the Burden of a fuperfluous Proof, againfl: which the Party Proponent protefl:s j and 400 Clje Clerk'is 3lnftru8oi and favlng always to himfelf all Benefit of Law, prays that fo far as he fhall prove in the PremilTes, fo far he may obtain in this his Suit, humbly imploring the Aid of your Office in this Behalf. J Monition for the 'Payment of Ali- mony in a Cavfe of "Divorce. JB. Do^lor of Laws, Qjere mention the • 1'itle of the Judged of the Court of lawfully appointed, To all and An- gular Redors, Vicars, Chaplains, Curates, Clerks, Miniftersand literate Perfons whom- foever and wherefoever in and throughout our whole of Greeting ; Foraf- much as we rightly and duely proceeding in a certain Caufe of Appeal and Complaint now depending before us, ns to the princi- pal Caufe, between the Right Honourable A. B. Lady Vifcountefs J. (Wife of the Right Honourable B. B. Efq^ commonly called Lord Vifcount A.) of the Parilh of in the County of the Party Ap- pellant and Complainant, of the one Part, and the faid Right Honourable B. B. Efq; commonly called Lord Vifcount B. the Party Appellate and complained of, on the other Part, have, at the Petition of the Prodor of the faid Lady Vifcountefs B. condemned the faid Right Honourable B. B. Efqi commonly called Lord Vifcount A. in the Sum of of good and law- ful Money of Gre^t Britain^ upon Account of Alimony, on the Part and Behalf of the faid Right Honourable A. B. Lady Vifcoun- I tefs in t\)z Ccclefiam'cai Coutti^. 4®i tefs yf. and to be well and truly paid to hefi, or her Pro6tor for her Ufe -, and we have alfo, at the Petition of the Pro6tor of the faid Right Honourable ^, B. Lady Vifcountefs y^. decreed the faid Right Ho- nourable B. B. Efqj commonly called Lord. Vifcount A. to be monifhed to pay, or caufe to be paid, the faid Sum of to the faid Right Honourable A. B. Lady Vifcountefs A. or to her Pro6tof for her Ufe, within the Time underwritten, and in the Manner and Form herein after men- tioned, (Juftice fo requiring i) We do there- fore authorize and ftridly injoin and com- mand ye the faid Redors, Vicars, Chap- lains, Curates, Clerks, Minifters and li- terate Perfons, jointly and feverally, that you do and (hall monifh, or caufe to be monifhed, the faid Right Honourable B. B, Efqj commonly called Lord Vifcount A^ (whom we do alfo by Virtue of thefe Pre- fents fo monifh) to pay, or caufe to be paid, to the faid Right Honourable A. Bi Lady Vifcountefs A. or to her Pro61:or for her Ufe, the faid Sum of of good and lawful Money of Great Britain^ within Days after the due Execution of this Monition upon him the faid Right Ho- nourable B. B. Efqi commonly called Lord Vifcount A. under Pain of the Sentence of Excommunication, which Sentence of Ex- communication againft the faid Right Ho- nourable B. B. Efqj commonly called Lord Vifcount A. not paying the faid Sum of within the Time aforefaid, this our Monition lawfully preceding, and his Con- tumacy following, the Reverend 7. ^. D d Clerk, 402 C(je €ltt^'^ jimnm Clerk, Mafter of Arts, Presbyter in this Behalf lawfully authorized, hath read, pub- lilhed and declared in Writing, (Juftice fo requiring j) We do therefore authorize and llridly injoin all and fmgular ye the Rec- tors, Vicars, Chaplains, Curates and Clerks aforefaid, jointly and feverally, that ye do (the Time of the faid Payment being elap- fcd, and the faid Sum laft mentioned not being paid, this our Monition being duely executed on the faid Right Honourable B. B. Efq; commonly called Lord Vifcount yf. and his Contumacy following) in fome or one of your Pariih Churches, the Sunday or Feftival Day next immediately follow- ing your Receipt of thefe Prefents during the Time of Divine Service, while the greater Part of the Congregation are pre- fent to hear Divine Service, openly and publickly denounce and declare the faid Right Honourable B. B. Elqj commonly called Lord Vifcount A. to be excommuni- cate, under Pain of the Law, and Con- tempt thereof. J Se72te7ice in a Caufe of ^worce or Separation by reafon of Adultery and Cruelty, IN the Name of God, Amen : We H. H* Dodlor of Laws, Vicar General of the Right Reverend Father in God E. by Di- vine Permiflion Lord Bifhop of and (Jjere infert the ^ttle of the Judge') of the Court of lawfully appointed, rightly and duely proceeding, having heard, feen Ill tfie eccfefiamcnJ CourtsV 403 feen and underftood, and fully and mature- ly difcufTed the Merits and Circumftances of a certain Caufe of Divorce or Separation from Bed and Board, and mutual Cohabi- tation, by reafon of Adultery and Cruelty, which lately was, and ftill is controverted, and remains undetermined before us in Judgment, between E. L. (the Wife ofJ.L.) of the Parifh of in the County of— — the Party Agent and Complainant on the one Part, and the faid f. L. the Party accufed and complained of, on the other Part j and the Parties aforefaid lawfully ap- pearing before us in Judgment by their Prodors refpedlively, and the Prodor of" the faid E. L. praying Sentence to be given, and Juftice to be done to his Party, and the Prodor of the faid J. L. alfo earneftly praying- to be done to his Party, and having firft carefully and diligently looked into and confidered of the whole Proceed- ings had and done before us in this Caufe, and having obferved all and fingular the Matters and Things that by Law in this Behalf ought to be obferved, we have thought fit, and do thus think fit, to pro- ceed to the giving our definitive Sentence or final Decree in this Caufe in Manner following, (to wit,) Forafmuch as by the Ads enaded, deduced, alledged, exhibited, propounded, proved and confefled in this Caufe, we have found, and it doth evident- ly appear unto us, that the Prodor for the faid E L. hath fufficiently and fully founded and proved his Intention, deduced in a cer- tain Libel, and other Pleadings and Exhi- bits given in, exhibited and admitted on her D d 2 Behalf 404 'STljc CIcrU'iS 3!nftniafo^ Behalf in this Caufe, and now remaining in the Regiftry of this Court (which faid Libtl, other Pleadings and Exhibits, we take iind will have taken, as if here read and inferred) for us to pronounce as herein after is pronounced, and that nothing, at leaft effeciua! in Law, hath on the Part and Behalf of the faid J. L. been excepted, deduced, alledj^ed, exhibited, propounded, proved or confefltd in this Caufe, which may or ought in any wife Defeat, Preju- dice or Weaken the Intention of the faid £. L. therefore we H. H. Dodor of Laws, the Judge aforefaid, having firft called upon the Name of Chrifl-, and having God alone before our Eyes, and having: heard Counfel in this Behalf, do pronounce, de- cree and declare, that the faid "J. L. and E. L. being free from all matrimonial Con- tradrts and Efpoufals (faving to each other) did at the Time and Place in this Caufe Libellate contradrl: true, pure and lawful Marriage between each other, and did fo- lemnize, or caufe the fame to be folemnized, in the Face of the Church, and afterwards confummated the fame by Carnal Copula- tion, and mutual Cohabitation, and that the faid J. L. and E. L. were and are law- ful Husband and Wife, and for and as fuch were commonly held, reputed and taken to be i and we do alfo pronounce, decree and declare, according to the lawful Proofs made before us in this Caufe as aforefaid, that the faid J. L. alter the Solemnization and Confummation of the faid Marriage, being altogether unmindful of his conjugal Vow, not having the Fear of God before his Eyes, in tlje Ccclefialtical Couctgf> 405 Eyes, but being inftigated and feduced by the Devil, did in tiie Months and Years Libellate commit the Crime of Adultery, and did alfo in the faid Months and Years inhumanly, cruelly and grievoully treat the faid E. L. his Wife, and did violate his conjiigal Duty , wherefore, and by reafon of the Premifles, we do pronounce, decree and declare, that the faid E. L. ought by Law to be divorced and fcparated from Bed, Board and mutual Cohabitation with the faid y. L. her Husband, until they fliall be reconciled to each other ^ and we do by thefe Prefents divorce and feparate them accordingly, (Bond being firft given on the Part of the faid E. L.) according to the Tenor of the Canon in that Behalf made and provided, that fhe the faid E. L, Ihall live chaftly, and {hall not central any other Marriage whilft the faid J, L. lliall be living, intimating neverthelefs, and by fuch Intimation exprefly inhibiting accord- ins: to the Ecclefiaftical Laws and Canons made in that Behalf, as well the fasd E. L. as the faid J. L. that neither of them, in the Life-time of each other, fhall in any wife attempt orprefume to contrai:;:^ another Marriage j and we do alfo pronounce, de- cree and declare, thac the faid J. L. ought by Law to be condemned in lawful Kx- pences made and to be mede in this Caufe, on the Part and Behalf of the faid E. L. to be paid to the faid E. L. or her Prodor, and accordingly we do condemn him in fuch Expences, which Cofts we tax and moderate to and at the Sum of of lawful Money of Great Britain i and we do D d 3 decree decree that the faid J. L. be monifhcd, under Pain of Sentence of the greater Ex- communicacion. really and effedually to pay, or caufe to be paid, the faid Sum of •= fo taxed unto the aforementioned E. L. or to her Pro61or, within Days after the Execution of fuch our Monition on the faid J. L. by this our definitive Sentence or final Decree, which \ve read and promulge by thefe Writings. CHAP, fit tlje (Salttmical €onm. 407 CHAP. V. Of Faculties^ ^Prefsfitatiofis, hidnc- tions^ Tithes^ pluralities^ the Jdr- miraltjy &c. J?i Jfl of Court for a ^Decree to Jhew Caiife ivhy a Lice7ice or Faculty floould not be gra/Jted for appropriati/zg cer- taifi Tews to the abfolute Ufe of a certain Fajmly, — — 'Day of — in the Year of our Lord — granting ABufinefs of a Licence or Faculty for appropriating and con- firming three Pews in the South Gallery of the Parifh Church of in the County of — promoted by the Honourable A. B. Efq; the Heir of the Right Ho- nourable B. B. Efqj late of the faid Parifh deceafed, a Parifhioner and Inhabitant of the faid Parifh, againft the Redor, Church-war- dens and Parifhioners there- of in fpecialj and all others in general. Upon which Day K. exhibit- ed his Proxy for the faid Ho- nourable A. B. Efq; and made himfelf a Party for him, and al- >ledged, that at a Veftry of the faid Parifli of — held on the — Day of — in the Year of our Lord — it was unanimoufly a- ^ greed, that the faid Right Honourable D d 4 B.B, 4o8 m)t CIctk'g 3!tt{truafO| B. B. Efq; in Confideration of his having been a great Benefador to the faid Parilh, ihould have three Pews in the South Gal- lery of the faid Parilh Church, for the Con- veniency of himfelf and Family to fit, kneel and hear Divine Service therein, to wit, the Pew in the firft Row, N° the Pew in the fecond Row, N'* — — the Pew in the third Row, N° which faid Pews the faid Right Honourable B. B. Efq; held, occupied and enjoyed during his Life, and that he the faid Honourable yf. B. Heir of the faid Right Honourable B. B. is a Pa- rifhioner and Inhabitant of the faid Parifh, and hath ever fince the Death of the faid Right Honourable B. B. by Virtue of the faid Order of Veftry, been in quiet PoflTeflion of the faid Pews ; wherefore the faid R. prayed, and the Judge, at his Pe- tition, decreed the Redor, Church-war- dens, Parifhioners and Inhabitants of the faid Parifh in fpecial, and all others in ge- neral, having or pretending to have any Right, Title or Intereft in the PremifTes, to be cited to appear before him, his Surro- gate, or fome other competent Judge in this Behalf, in the {here mention the Place of yippearance') on {here fpecify the Return') next between the Hours of ^ and — in the— noon of the fame Day, then and there to fhew Caufe, if they, or any of them, have or know any, why a Licence or Faculty fhould not be granted to the faid Honourable A B. Efq; for appropriating and confirming the faid three Pews in the South Gallery of the faid Parifh Church to lit, kneel and hear Divine Service therein, to fit t!je (Scclefinftical CouttiS. ^09 to him the faid Honourable y^. B. Efq^ his Family and his Heirs, fo long as they con- tinue Parifhioners and Inhabitants of the faid Parifh, exclufive of all others whatfo- ever, and further to do and receive what unto Law and Juftice fhall appertain, under Pain of the Law and Contempt thereof^ with the ufual Intimation. J ^ecree^ with an Intimation^ to JJjew Catife why a Licence or Taculty fljonld not he grained for appropria- ting certain ^Pews for the ahfolnte Ufe of a certain Family j exchifrje of all others. EBy Divine PermifTion Lord Bifhop of • -To all Redlors, Vicars, Curates, Chaplains and Clerks to whom thefe Pre- fents fhall come, or fhall or may in any wife concern, and more efpecially to the Re61:or, Church-wardens, Parifhioners and Inhabi- tants of the Parifh of in the County of and Diocefe of fendeth Greet- ing, in our Lord God Everlafting: Where- as it hath been fet forth and alledged be- fore the Right Worfhipful H. H. Doftor of Laws, our Chancellor, on the Part and Be- half of the Honourable A. B. Efq^ the Heir of the Right Honourable B. B. Efq; late of the faid Parifh of in the County of deceafed, that at a Veflry of the faid Parifh, held on the Day of — — it was unanimoufly agreed, that the faid Right Honourable B. B. Efq^ in Confidera- tioa 4IO m)z Clcrr^ Jnffrusoi tion of his having been a great Benefadlor to the faid ParifVi, fhouJd have three Pews in the South Gallery of the faid Parifh for the Conveniency of himfelf and Family to fit, kneel and hear Divine therein, to wit, the Pew in the firft Row, N° in the fecond Row, N^ ■ ^- ' and in the third Row, N*' — which faid Pews the faid Right Honourable B. B, Efqj held, occu- pied and enjoyed during his Life, and that he the faid Honourable A. B. Efqj Heir of the faid Right Honourable B. B. Efqj is a Parifhioner and Inhabitant of the faid Pa- rifh, and hath ever fince the Death of the faid Right Honourable B. B. Efq; by Vir- tue of the faid Order of Veftry, been in the quiet PolTeflion of the faid Pews, and hath therefore by his Pro6tor humbly prayed our Faculty or Licence for appro- priating and confirming the faid Pews to him the Honourable yl. B. Efq; his Fa- mily and Heirs, to fit, kneel and hear Di- vine Service therein, exclufive of all others whatfoever ; and whereas our faid Chan- cellor rightly and duely proceeding hath, at the Petition of the faid Pro6lor, decreed the Redor, Church-wardens, Parifhioners and Inhabitants of the faid Parifh in fpecial, and all others in general, having or pre- tending to have any Right, Title or In-^ tereft in the PremifTes, to be cited to ap- pear before him our faid Chancellor, his Surrogate or fome other competent Judge in this Behalf, at a certain competent Time and Place, to fhew Caufe, if they, or any of them, have any, why a Licence or Fa- culty Ihould not be granted to ihe faid Ho- nourable in tlje Cccletiamcal Couit^* 411 nourable A. B. Efq; for the Purpofes a- forefaid, (Juftice fo requiring j) We there- fore the Bifhop aforefaid do hereby will and require you the Rector of the faid Pa- rifh, or in your Abfence your Curate, by Publication of thefe Prefents in your faid Church on Sunday the Day of ^ during the Time of Divine Service, to cite the Pariihioners and Inhabitants of the faid Parifh in fpecial, and all others in general, having or pretending to have any Right, Title or Intereft in the faid three Pews, to appear before our faid Chancellor, his Sur- rogate or feme other competent Judge, in the Qhere mention the Place of Appearance'^ on (here fpecify the Return') between the Hours of and •- in the noon of the fame Day, then and there to fhew Caufe, if they, or any of them, have any, why a Licence or Faculty fhould not be granted to the faid Honourable A. B. Efqj for appropriating and confirming the faid Pews in Manner as by him defired, and further to do and receive as unto Law and Juftice (hall appertain, under Pain of the Law and Contempt thereof, intimating hereby to you the Redor, Church-wardens, Parilhioners and Inhabitants of the faid Parifh in fpecial, and all others in general, that if you or they do not appear at the Time and Place aforefaid, or appearing do not fhew good and fufficient Caufe to the contrary, our faid Chancellor or his Sur- rogate, or fome other competent Judge in this Behalf, doth intend to proceed, and will proceed, to grant to him the faid Ho-? nourable A. B, Efq j our Licence or Faculty for 412 C6e Clecfe'^ 3!n(!tuafo? for appropriating and confirming the faid Pews in the South Gallery of the faid Pa- rifh Church, to fit, kneel and hear Divine Service therein, to wit, the Pew in the firft Row, N° the Pew in the fecondRow, N® the Pew in the third Row, N° — to him the faid Honourable A- B. Efq; his Family and Heirs, fo long as they con- tinue Parifhioners and Inhabitants of the faid Parifli, exclufive of all others whatfo- ever, your and their Abfence, or rather Contumacy, in any wife notwithftanding. In IVitnefs whereof we have caufed the Seal of our Chancellor, which we Ufe in this Behalf, to be affixed to th#£e Prefents. Dated the Day of — — in the Year of our Lord ■ J Certificate from the Recior and Chm'ch'Warde7is of a Tarifh cojifent- i7ig to the enlarging a Churchy and hiiildifig a Gallery for the Ufe of a Family. W Hereas the Parifh Church of in the County of is too fmall to contain the Number of all its Inhabi- tants, and there being a Piece of Ground in the Church-yard, adjoining to the Chan- cel of the faid Church, on the South Side thereof, containing Feet and Inches in Length Eaftward, and Feet and • Inches in Breadth Southward, which Mr. H. L. has defired to take into the faid Church, in order to ere6l a Gal- lery for himfelf and Family ^ we the Mini- fter in tlje €cc!efin(!ica! Courts?. fter and Church-wardeos of the faid Parifh, purfuant to his Requeft) do hereby con- fent that the faid Piece of Ground may be fo taken, and that it may be appropriated for ever to fuch Ufes as the faid H. L. fhall diredt and appoint. /;/ IVitjtefs whereof we have hereunto fet our Flands the — Day of in the Year of our Lord ■ 4^3 J71 Act of Court for a decree for gra7iting a Lice7ice or Vacuity for the Tnrpofes ajorefaid. On the Day of- ABufinefs of granting"^ a Licence or Faculty for erecting or building a Gallery in the Parifh Church of — in the Coun- ty of — promoted by H.L. Inhabitant and Lord of the Manor of a- forefaid, againft the Rec- tor, Church-wardens, Pa- Hhat Upon which Day H. exhi- bited his Proxy for the faid H.L. and made him- felf a Party for him, and al- ledged lowso as to the fol- wit, faid riftiioners and Inhabitants of the faid Parifh in fpe- clal, and all others in ge- neral, having or pretend- ing to have any Right, Title or Intereft in the Premiffes. H. L. is a Pa- rifhioner in the Parifh of aforefaid, and is PolTeflbr and Owner of a handfomehoufe ^ in the faid Pa- rifh where he and his Fa- mily do for the mofl Fart dwell and refide, and alfo Lord of the Manor of the faid Pa- rifh, 4i4 ^6^ ClerkV 31n(!i:ti8aj rifli, that the faid Parifli Church of • is much too fmall to contain its Number of Inhabitants, fo as decently to be accommo- dated to hear Divine Service performed, and there being a Piece of Ground in the Church-yard adjoining to the Chancel of the faid Church on the South Side thereof, containing Feet and Inches in Length Eaftward, and Feet and — • Inches Southward in Breadth, which the Redor and Church-wardens of the faid Parifh have confented that the faid H. L. fhall take into the faid Church, in order to ere6l and build a Gallery for himfelf, his Lady and Family to fit, kneel and hear Divine Service and Sermons there'in, and that when the faid Church fhall be at the proper Cofts and Charges of the faid H. L. inlarged, and fuch Gallery built, the fame may be appropriated to the faid H. L. his Family and Heirs, exclufive of all others ; then the faid H. exhibited an Inftrument, figned by the Re^or and Church-wardens of the faid Parifh, confenting thereby to the FremifTes aforefaid^ wherefore he pray- ed, and the Judge, at his Petition, decreed the Reilor, Church-wardens, Parifhioners and Inhabitants of the faid Parifh in fpe- cial, and all others in general, having or pretending to have any Right, Title or Interefl in and to the FremifTes or any Part or Parcel thereof, to be cited and call- ed to Judgment to appear on the » Day of in the Year of our Lord between the Hours of and — — in the • 'noon of the fame Day, in the Parifh Church of in the County of z then in tlje Ccclefiaflical Courts. 41s then and there to fhew Caufe, if they, or any or either of them, have or know any, why a Licence or Faculty fliould not be granted and committed to the faid H. L. to the Effeti; aforefaid, with the Intimation as ufual in Cafes of the hke Nature, and Right and Juftice to be done to his Party in the Premifles. J T>ecree^ with au hitimatmi^ for gra72ti7ig a Licence or Faculty for enlarging a Churchy and building a Gallery therein for the fole Uje of a Family, CBy Divine Permiflion Biftiop of • To all Chriftian People to whom thefe Prefents iliall come, or fhall or may in any wife concern, but more efpecially to the Redor, Church-wardens, Parifhioners and Inhabitants of the Parifh of in the County of and Diocefe of fendeth Greeting, in our Lord Everlafting : V/here- as it hath been fet forth and alledged be- fore the Worihipful R. IV. Do6tor of Laws, Surrogate to the Right WorlTiipful P. M. Bachelor of Laws, our Vicar General and Official Principal, on the Behalf of H. L. that he the faid H. L. is a Parifhioner in the aforefaid Parifh of and is PoircfTor and Owner of a handfome Houfe in the faid Parifh where he and his Family do for the moft part dwell and refide, with an Eftate in Land thereto belonging, and alfo Lord of the Manor of the faid Pariflij thac 41 5 €8e Clerk'jsJ 3!naniaoi that the Parilh Church of is much too fmall to receive and contain its Number of Inhabitants, fo as that they may be de- cently accommodated to hear Divine Ser- vice performed, and there being a Piece of Ground in the Church-yard adjoining to the Chancel of the faid Church, on the South Side thereof, containing — ^- Feet and Inches in Length Eaftward, and ■ *^ Feet and Inches Southward, which the Redtor and Church-wardens of the faid Parifh have confented that the faid H. L. fhall take into the faid Church, in order to eredt or build a Gallery for him- felf, his Wife and Family, to fit, ftand and kneel in, and hear Divine Service and Ser- mons, and that fuch Gallery when built may be appropriated to the faid H. L. his Family and Heirs, exclufive of all others ; and whereas the faid H. L. hath by his Prodor humbly prayed our Licence or Fa- culty for the Inlargement of, and taking into the faid Church, at his own proper Cofts and Charges, fuch Piece of Ground adjoining to the Chancel of the faid Church as aforefaid, and being of the Dimenfions aforefaid, and ereding or building a Gal- lery on fuch Piece of Ground when taken in and laid to the faid Church, and for ap- propriating and confirming fuch Gallery to himfelf and Heirs, for his and their Family, Friends and Relations to fit, kneel, ftand and remain in during the Time of Divine Service and Sermons, exclufive of all others^ and whereas the faid Doctor R. ff^. Surro- gate to our faid Vicar General and Official Principal, hath, at the Petition of the 2 Prodor fit tfje Ccclefinffical Cotittsf* 417 Proclor of the Caid //. L. rightly and due!)" proceeding, decreed the Redor, Church- ■wardens, Fariflli oners and Inhabitants of the faid ParlHi of in fpecial, and all others in general, having or pretending to have any Right, Title or Intereft in the faid , Piece of Ground <:y^ the Situation and Di- menfions afdrefaid, to be cited to appe?.r before him, our laid Vicar General and Official Principal, or his Surrogate, or any other competent Judge in this Behalf, at a cciiain competent Time and Place, to fhew Caufc, if they, or any of them, have or know any, why a Licence or Faculty fhould not be granted to the faid //. L. for the Inlargement of and taking into the faid Church, at his proper CoRs and Ch.irges, the faid Piece of Ground of the Situation and Dimmfions aforesaid, and creeling and building thereon, when as aforefaid taken in and laid to the faid Church, a Gallery, and appropriating and confirming fuch Gal"- jery to the foie Ufe of himfelf and Heirs for his and their Family, Friends and Rcla* tions to fit, kneel, ftand and remain there- in during the Time of Divine Service and Sermons in the faid Church, exclufive of all others, with Intimation, that if they do not appear at the Time and Place aforefaid, or appearing do not (hew good and fuffi- cient Caufe to the contrary, our faid Vicar General and Officinl Principal, his Surro- gate, or fome other competent Judge in this Behalf, intends, and will proceed, to the granting of a Licence or Faculty to the faid //. L. to the EfFert and in Manner as hereafter fet forth, (Juftice fo requiring i) E e V\ c 41 8 m)t Clerlx'^ Jnanigo? We therefore the Bifhop aforefaid will and require you the Redor of the faid Parifh of or in your Abfence your Curate, by Publication of thefe Prefents in your Parifn Church on Sunday the Day of this Inftant, immediately after Divine Ser- vice in the Forenoon, to cite the Church- wardens, Parifhioners and Inhabitants of the faid Parifh in fpecial, and all others in ge- neral, having or pretending to have any Right, Title and Intereft in the faid Piece of Ground, of the Situation and Dimen- fions aforefaid, to appear before our faid Vicar General and Official Principal, or his Surrogate, or fome other competent Judge in this Behalf, in (^here infert the Place of ^ ylfipeara^ice) and Place of Judicature there, on (^hcre ffecify the Return) then and there to fhew Caufe, if they, or any of them, have or know any, why a Licence or Fa- culty llioLiId not be granted to the faid ILL. for the Inlargement of, and taking into the faid Pariili Church of at his own pro- per Cofts and Charges, the faid Piece of Ground of the Situation and Dimenfions a- forefaid, and eredling and building a Gal- lery thereon, when taken in and laid to the faid Church, and appropriating and con- firming fuch Gallery for the fole life of him the faid H. L. and Heirs for his and their Family, Friends and Relations to fit, kneel, ftand and remain in during the Time of Divine Service and Sermons, exclufive of all others, and further to do and receive as to Law and Juftice (hall appertain, inti- mating hereby to the Church-wardens, Pa- rifiiioners and Inhabitants of the faid Parifli of ' fit tfje (Ccclefrnmcal Courtcf. 419 of in fpecial, and all others in ge- neral, having or pretejiding to have any Right or Interill in the faid Piece of Ground of the Situation and Dinienfions a- forefaid, that if they do not appear Whe Day, Time and Place aforefaid, or appear- ing do not fhew good and fufficient Caufe to the contrary, our f^\id Vicar General and Official Principal, or his Surrogate, or fome other competent Judge in this Behalf^ intends, and will proceed, to grant to him the faid //. L. our Licence or Faculty foi* the Inlar.^ement of, and taking into the faid Parilh Church of ■ the faid Piece of Ground adjoining to the Chancel of the faid Church as aforefaid, and of the Di- menfions aforefaid, and erecting or build- ing thereon, when taken in and laid to the faid Church, a Gallery, and appropriating and confirming fuch Gallery to the fole Ufe of him the faid IL L. and his Heirs, for his and their Family, Friends and P^.ela-^ tions to fit, kneel, ftand and remain in during the Time of Divine Service and Sermons in the faid Church, e^clufive of all others whatfoever, their Abfence, or ra- ther Contumacy, in any wife notwichft-and- ing ■ and we do hereby require you the Rector aforefaid, or your Curate in your Abfence, to certify our faid Vicar General and Official Principal, or his Surrogate, or fome other competent Judge in this Behalf, what you (hall do, or in your Abfence your Curate fliall caufe to be done, in the Pre- niiffcs, together with thefe Prcfents. /// IVitucfs whereof we have caufed the Seal of the Office of our faid Vicar Gen&ral and E e 2 Official Official Principal, which we ufe in this Be- half, to be put hereunto. Dated this Day of • in the Year of our Lord and in the Year of our Tranflation. IV. C. Deputy Regifter. J7i j^B of Court for a T}ecree for granting a Liceiice or Faculty to full dovon cifi old Jlms-hoiifcj a?id build a irork-hoi/fe. -— - Day of—— in the Year of our Lord — —before the Worlhipful A. B. Dodor of Laws, Surrogate in his Chamber in Do£iors Commons^ London^ in the Preience of the Notary Publick underwritten. ABufincfs of granting a Licence or Faculty for the pulling down an old Alms-houfe, Part thereof fitiiate in the North Church-yard of the Parifli Church of • in the County of as alfo of creeling or buildiug upon the faid Ground in the Church-yard aforcfaid, a new Work-houfe of Tim- ber for the Ufe of the Poor of the faid Parifli, promoted by the Church- warden, as alfo fome of Upon which Day R. exhi- bited his Proxy, and made him- felf a Party for the Church- warden and fe- veral others, Parilhioners of the faid Parifli of in the County of ■ and alledged as follows, to wit, that there being an old Alms- the houfe for the Relief of the Poor of the faid Parilh, Pare fit ti)t ^cclcfiaffical Coutt^* the Parifhioners of the faid Parilh, againft the Pa- rifhioners and Inhabitants thereof in fpecial, and all others in general, having thereof fituate or pretending to have any in the North Right, Title or Intereft in Church-yard of the Premiffes, or any Part the Pari/h thereof i Church afore- j faid, which be- ing very much decayed and out of Repair, containing in Circumference from Eaft to Weft Feet • Inches, and from North to South Feet ^ it was agreed at a Meeting of the Parifhioners and Inhabitants of the faid Pariih, alTembled in Veftry on the Day of that the fame lliould be pulled down, and a new Work-houfe of limber, for the Ufe of the faid Poor, fhould be built on Part of the faid Ground, to contain in Circumference from Eaft to Weft ■ Feet, and from North to South Feet ; wherefore the faid R. prayed, and the Judge, at his Pe- tition, decreed the Minifter and Pariftiioners of the faid Parifh in fpecial, and all others in general, to be cited to appear upon « Day of in (^here jpccify the 421 the Place of Appearance') and Place of Judica- ture there, between the Hours of and • -in the noon of the iame Day, then and there to fliew Caufe (if any they know or have) why a Licence or Faculty for the pulling down the faid Alms-houfe, and alfo for the Building or Erecting a new Work-houfe of Timber, ought not to be granted to the faid Church-warden and E e 3 Pa- 42* 'CTfie CierV0 Jimciifeo? PariHiioners of the faid Parifli, and com- mitted to them in due Form of Law, and farther to do and receive as to Law and Juftice fnali appertain, under Pain of the Law and Contempt thereof, with the ufual Intimation. J njecree^ with an Intimatmi^ for granting a Licence or Facility to pnll down a?i old Jims-houje and build a Work-houje, E By Divine Permiflion Lord Bifhop of y, To all Chriftian People to whom thefe Prcfents (hall come, or Ihall or may in any wife concern, and more efpecially to the Minifler, Church-wardens and Pa- rifliioners of the Parifh of ■ fendeth Gieeting, in our Lord God Everlafting: Whereas it hath been fet forth and alledged before the Worfiiipful R. S. Dodor of Laws, Surrogate to the Right VVorOiipful H. H. alfo Doctor of Laws, our (here recite the 'Titles of the Judge} lawfully appointed on the Part and Behalf of the Church- warden and feveral Parifliioners of the faid Pari(h, that there being an old AJms-houfe for the Relief of the Poor of the faid Pa- rifh, Part thereof fituate in the North Church-yard of the faid Parifh Church, ■which being very much out of Repair, con- taining in .Circumference from Eaft to Weft Feet Inches, and from North to South Feet ; it was agreed, by $nd wui> the Confent of feveral of the fit tfjc ^aktmiCiil €omts. 423 Pariihioners and Inhabitants of the faid Parilh, alTembled at a Meeting in Veftry on the Day of in the Year of our Lord — tliat the lame fhould be pulled down, and a new Work-houfe of Timber, for the Ufe of the faid Poor, fliould be built on Part of the faid Ground, to contain in Circumference from Eaft to Weft • Feet, and from North to South ■ Feet j and whereas the faid Church- warden and the other Parifhioners have by their Pro6t:or humbly prciyed our Licence or Faculty for pulling down the faid Alms- houfe, and for building a new Work-houfe inftead thereof, and our Chancellor afore- faid rightly and duely proceeding, hath, at the Petition of the Prodor of the faid Church-warden and Parifliioners of the {aid Parifh, decreed the Parifhioners and Inha- bitants of the Parifh of aforefaid in fpecial, and all others in general, having or pretending to have any Right, Title or Jn- tereft in the FremifTes, to be cited to ap- pear before our faid Chancellor, his Surro- gate, or feme other competent Judge in this Behalf, at a certain Time and Place, to fhew good and fufF.cicnt Caufe, if they, or any of them refpectively have or know any, why a Licence or Faculty fhould not be granted to them the faid Church-warden and Pariihioners in Manner and for the Purpofes above expreflTed, with Intimation, that if they do not appear at the Tin^-e and Place aforefaid, or appearing fhew not good and fufficient Caufe to the contrary, our faid Chancellor, his Surrogate, or fome other competent Judge in this Behalf, doth £ e 4 intend. 424 "Clje CIrrk'd Jnffruafo? intend, and will proceed, to the granting fuch Licence or Faculty to them the faid Church-warden and Fanfhioners for pulling down the faid Alms-houfe, and for build- ing a new Work-houfe inftead thereof, as by them defired, ( Juftice fo requiring;) We therefore the Bilhop aforefaid will and require you the Redor of the faid Parilh, or in your Abfence your Curate, by Publi- cation of thefe Prefents, in your Parifli Church on Sunday the Day of during the Time of Divine Service and Sermon, to cite the Minifter, Parifhioners and Inhabitants of the faid Parilh in fpecial, and all others in general, having or pre- tending to have any Right, Title or In- tereft in or to the faid Alms-houfe or Ground whereon the fame now ftands, to appear before our faid Chancellor, his Sur- rogate, or fome other competent Judge in this Behalf, in (Jjere fpecify the Place of appearance') and Place of Judicature there, upon (^herc mention the Return^ between the Hours of and in the noon d( the fame Day, then and there to fhew good and fufficient Caufe, if they, or any of them refpediively, have or know any, why fuch Licence or Faculty fhould not be granted and committed to them the faid Church-warden and Parifhioners for pulling down the laid Alms-houfe, and for building a new Work-houfe inftead thereof, as by their Proclor prayed and defired, and fur- ther to do and receive as unto Law and Juftice fhall appertain, intimating hereby to you the Rector, and to the Parifhioners ^nd, Inhabitants of the faid Parilh in fpecial^ an4 fit tbe ^cclcfiaftical Courts. 42 j and all others in general, having 6r pre* tending to have any Right, Title or In- tereft in or to the faid AJms-houfe or Ground whereon the fame now ftands, that if they do not appear at the Time and Place aforefaid, or appearing do not fhew good and fufficient Caufe to the contrary, our Chancellor aforefaid, or his Surrogate, or fome other competent Judge in this Be- half, doth intend, and will proceed, to grant our Licence or Faculty to them the faid Church-warden and Parifhioners for pulling down the faid Alms-houfe, as alfo for building a new Work-houfe inftead thereof, prayed as aforefaid, their Abfcnce, or rather Contumacy, in any wife notwith- ftandingj and we do hereby require you the Rector aforefaid, or in your Abfence your Curate, to certify our faid Chancellor, his Surrogate, or fome other competent Judge in this Behalf, what you, or in your Abfence your Curare, fhall do, or caufe to be done, in the Premifles, together with thefe Prefents. Dated, and fo forth. J Tetitiou to chtaiu a Faculty or Li- \ cence to remo'oe a Corpje, To the Worfhipful R. R. Doclor of Laws, Chancellor of the Diocefe of The humble Petition of S. IV. Spinfter, the natural and lawful Daughter and Ad- miniftratrix of the Goods, Chattels and Credits of IV. W. late of • in the County of deceafed, as alfo the na- tural and lawful Sifter and Adminiftra- trix of ill. JV. late of the faid Parilli, de- ceafed, She'-j)€th^ THAT the Corpfe or Body of your Pe- titioner's faid Father lately deceafed was in the Month of — — depofited or bu- ried in the faid Parifh Church of and that the Corpfe or Body of your Peti- tioner's faid Sifter was depofited or buried in the faid Parifh Church in the Month of — that your Petitirioner's faid Father had a DweJling-houfe in the Parifti of in the County of and did generally live there in the Summer-time, that both the faid IV. IV. and M. IV. did dcfire to be hurried or interred in the Church-yard of the faid Parifli of— — — Your Petitioner does therefore pray a Li- cence or Faculty for taking up and re- moving the Bodies of the faid IV. IV. and M. IV. from the Places where they now lie, in order to their Bodies being carried to to be buried in the Church-yard there, A fa tljc Ccclefiaftical Couttjj. 427 J 'Decree^ 'with an Intimation^ for granting a Faculty or I^icence to re- move a Corpfe. GP. Dodor of Laws, Qherc infert the • ^itle of the Judge') of the Reverend Father in God K. by Divine PermifTion Lord Bifhop of To all and fingular Clerks and literate Perfons whomfoever and wherefoever in and thro'out the whole Dio- cefe of — Greeting: Whereas it hath been fet forth and alledged before the VVorihipful R. B. our Surrogate, on the Part and Be- half of Dame A. G. Widow and Reli6t of Sir J.G. late of in the County of >- Baronet, deceafed, that he the faid Sir J-G. did feveral Times in his Life-time, and alio in his lad Sicknefs, requeft and defire that the faid Dame A. G. after his Death would remove, or caufe to be removed, the Bodies of his Father Sir J. G. and of his Mother Dame G. then lying interred in the Church in the County of and alfo the Body of his firft Wife Dame G. lying in- terred in the Church of in the faid County of ■ and would depofit, or caufe the faid feveral Bodies to be depofited and interred in a Vault in the Church of in the faid County of whicn he would order by his Will, or fome other way, to be built or ereded for that Pur- pofe ; and that accordingly he the faid Sir J. G. hath by his laft Will and Tcftament in Writing ordered and appointed the Sum pf tQ bg j^itj Qut in hjs Interment 4t 428 €lje €ltf^'0 Jnffrusa? at and in a Monument there to be erecled in Memory of him and his Family, according to a Draught called Virgil's l^omb^ in a Book called, 1'he Parallel of Architec- tnre^ under which he himfelf had made a ^Memorandum for the removing of which faid leveral Bodies, and depofiting and in- terring the fame in the faid Vault at — /he the faid Dame A. G. hath obtained from Sir H. P. Knt. Do6tor of Laws, Chancellor of the faid Diocefe of two feparate Faculties or Licences dire6led to the Re- verend B. B. Clerk, and S. T. K. J. Mi- nifters and Church-wardens, and to the other Inhabitants of the faid Parifh of and alio to L. O. Clerk, and A^. R. P. R, Minifttr and Church-v/ardens of the faid Parifli of and to the other Inhabitants thereof, with full Power, Leave, Licence and Authority to dig, or caufe to be digged \ip, the faid feveral Bodies of Sir J. G. and his Wife Dame — G. and alfo the Body of the faid Dame G. the firft Wife of the faid Sir J. G. the Younger, deceafed, and to remove the fame, and to depofit, or caufe them to be depofited in the faid Vault at • aforefaid j and that fhe the faid Dame A. G- fince her obtaining of the faid Faculties or Licences, hath caufed Appli- cation to be made unto the refpe61ive Mi- rifters and Church-wardens of and aforefaid, and the laid Licences and Faculties under the Seal of this Court to be fhewtd to the faid Minifters and Church- wardens, and all Fees to be tendered to them refpe6}ively that may be due to them, or either of chem, for breaking the Ground in fii tlje (fcclerinflical Courts* 429 in their feveral Churches, and likevvife un- dertook to make good any Damage that may be occafioned by breaking the Ground, and to lay down again the Floors or Pave- ments of the faid Churches, in the fame Manner as they now lie, at the foje Ex- pence of the faid Lady G. in order to ob- tain their Confent that the faid feveral Bo- dies might be removed as aforefaid, which they the IVIinifters and Church-wardens of the faid Pariflies of and — — have re- fufed, and ftiJl do refufe to grant, by Means whereof the laid Lady G. has hi- therto been, and dill is obftruiiled and hindered from receiving any Benefit or Ef- fect of the faid Licences or Faculties j and whereas our Surrogate aforefaid, rightly and duely proceeding, hath, at the Petition of the Prodor of the faid Dame A. G. decreed the Minifters and Church-wardens of the faid Pariflits of and to be cited in Manner and to the Effed hereunder written; we do therefore hereby ftridly command and injoin you, and every of you, to cite, or caufe to be cited, Qjcre infert the Thames of the Miiiijiers and Church-wardens oj the two VariJIoes) the Minifters and Church- wardens of the Parifhes of . and aforefaid, that they, and each of them, ap- pear before us, or our Surrogate, or lome other competent Judge in this Behalf, on the ■ Day of in {here fpccify the Place of Appearance^ aforefaid, at the ufual Hours of hearing Caufes there, then and there to fliew Caufe, if any they have, why the Bodies of the faid Sir J. G. the Elder, and Dame — G. now lying interred in the Church 43° Cfjc CIcrh'd Jnffrtmo? Church of — and alfo the Body of the faid Dame — G. firft Wife of the faid Sir J. G. the Younger, lying interred at afore- faid, fhould not be dug up and removed from the faid Churches to the new Vault at aforefaid, and why they obftrudt and hinder the faid Licences and Faculties from having their juft and due EfferrV, and further to do and receive as to Law and Juftice fliall appertain, under Fain of the Law and Contempt thereof, at the Promo- tion of the faid Dame A. G. and whatfoever you (hall do, or caufe to be done, in the Premiffes, you fhall certify us, our Sur- rogate, or iome other competent Judge in this Bthalf, together with thefe Prelents. Dated the Day of in the Year of our Lord -~« — — J HDecree^ ivith an Int'imation^ for a Licence or Faculty to build a Family Vault. By Divine Permifiion Lord Bifhop of /• — To all Chriftian People to whom thefe Prefents Ihall come, or ihall or may in any wife concern, and more efpecially to the Redlor, Church-wardens, Parifliioners and Inhabitants of the Parifh of ^ in the County of fendeth Greeting, in our Lord God Everlafting: Whereas it hath been fet forth and aliedged before the Wor- fhipful S. C. Dodor of I^avvs, Surrogate to the Right VVorlliipful H. H. alfo DoAor of Laws, our Chancellor, on the Part and Behalf of Sir J. fV. Bart, the Honourable I Dame in tlje Ccclefuiffical Cotittsf. 431 Dame B. ir. his Wife, J. f. Efq^ and the Honourable C. 2^. his Wife, that they the faid Sir 7. IV. Dame B. IV. J. ecree againji certain pretended ^Preachers in a Chapel^ and alfo agaiiift one of the pretended Triiftees thereof :, to render an Accou?it of the Monies received at the Time of celebrating the Eucha- rift or Lords Slipper, — Day of ' ABufinefs of rendring'^ and exhibiting a true and jufl Account of all and every Sum and Sums of Money taken, received and difpofed of, as well by the Reverend N. M. S.'t.P. and J. M. L. L. D. the pretended Preachers in the Chapel of fituate in the Parifh of County of- - — in the as alfo by 5^. S. one of the pretended Truftees of the faid Cha- pel, and Colle6lor of the Oblations or Offerings made in the faid Chapel at the refpedive Times of] veral Years Jaft cele- ^c. Upon which Day G. exhibit- ed his Proxy for the faid Re- verend G. B. and for the faid K.II. and/^L. and made him- felf a Party for ^them, and al- ledged, that the faid N. M. and J. M. have been pretended Preachers in the Chapel of * aforefaid for fe- in tl)t €cclcrinf!ical Courts. 445 paft, and that the faid J. S, celebrating the Holy Sa- crament of the Lord's Supper in the faid Chapel, was and is one promoted by the Reve- of the pretended rend G. E. Reftor of the faid Parilli Chrirch of — aforefaid, ar.d K. H. and IV. L. Guardians or Church-wardens thereof, again ft the faid N. M. J. M. and E. S. Truflees there- of, and alfo a CoUedor of the Oblations or Offerings made I in the laid Cha- pel, and as fuch J they have rc- fpedlively received divers Sums of Money at the feveral and re- fpedtive Times of celebrating the Holy Sa- crament of the Lord's Supper in the Chapel of aforefaid, and that the faid G. B, one of his faid Parties, was and is Redor of the faid Parifh Church of -afore- faid, and that the aforefaid K. H. and JV. L. were and are the Guardians or Church-wardens of the faid Parifh, and that the faid A"". M. and J. M. and alfo y. S. have not rendered, and do refpec- tively refufe to render or give any Account to his faid Parties of the faid feveral Sums of Money fo received by them as aforefaid j wherefore the faid G. prayed, and the Judge, at his Petition, decreed the faid J. M. N. M. and J. S. to be cited to ap- pear in the (^bere fpecijy the Place of Ay- 'pearancc) and Place of Judicature there, upon the Day of between the Hours of ■— and • in the ■ noon of the fame Day, then and there to exhibit and render a true, juft, faithful 44^ Cfjc Cletfe'd 3in(lrtiSoi faithful and particular Account of all and every fuch Sum and Sums of Money fo of- fered as aforefaid, and received by them refpe61ively as aforefaid, and how and in what Manner the faid Sums of Money fo collected and received were and are by them disburfed or difpofed of by Virtue of their corporal Oaths, and further to do and receive what unto Law and Juft ce fhall appertain, under Pain of the Law and Contempt thereof, at the Promotion of the faid G. B. R. H. and IV. L. JrticleJ in tlje Ccclcfjaaical Courts* 447 Jrticles promoted agai7/ft a Tcrfon for quarrelli72g cmd fighting in a Church. In the Name of God, Amen. We C P. Do6lor of Laws Qjere iufcrt the 1'itle of the Judge') of the Reverend the Dean and Chapter of the Cathedral Church of in the County of ■ lawfully appointed, to you T. S. of the Parifh of in the County of • aforefaid, a6iing by E R. your Guar- dian, all and every the Portions or Ar- ticles within written for your Soul's Health, and for the Reformation and Correilion of your Manners and Ex- ceflTes, and more efpecially for quarrel- ling in the • Church of - and for laying and impofing violent Hands upon the Perfon of C. C. of the Pariiliof and for ftrikingof the faid C. C. in the faid Church of • by Virtue of our Office, at the Promotion of the faid C C. do give, objec!:!:, article and offer articulately as follows 3 (to wit,) I. "\T7E article and objed: to you the a- VV forefaid ^ S. ading by E. R. your Guardian, that in a certain Statute made and provided in the fifth and fixtli Years of the Reign o^ Edward VI. late King of England^ it is thereby enaded (amongft other Things) in the 4th Chapter as fol- lows ; to wit, " And if any Perfon whatfo- " ever fhall at any Time after the firft Day « of " of May next enfuing by Words only " quarrel, chide or brawl in any Church or " Cliurch-yard, that then it fhall and may ,'' be lawful for the Ordinary of the Place '' where the faid Offence fhall be done, and ^^ proved by two lawful WitnelTes, to fuf- " pend every Perfon fo offending, (that is " to fay) if he be a Layman ab ingreffic " ecclefice^ and if he be a Clerk, from the " Adminiflration of his Oflice for fo long as '' the Ordinary fhall by his Difcretion think " fitting and convenient, according to the " Fault," And wc article and objeft as before. 2. Alfo we article and objed; to you the faid ?t S. that 'tis alfo enaded by the faid Statute as follows, (to wit,) " And further " it is ena6ted by the Authority aforefaid, ^^ that if any Perfon or Perfons after the " firfl Day of May next enfuing fhall fmite *' or lay violent Hands upon any other, ei- *' ther in any Church or Church-yard, that " //)/o fa^o every fuch Perfon fo offending " Ihall be deemed excommunicate, and be "^ excluded from the Fellowlh:p and Com- " pany of Chrifl's Congregation." And we article and object jointly and feverally, and of any other Time, and as before, 3. Alfo we article and obje6l to you the faid 1\ S. that you the fiid ?! S. did upon the Day of ' — in the Year of our Lord brawl, chide and quarrel in the ■ Church of and did then and there in an angry and paflionate Manner (brawling, chiding and quarrelling in the faid Church) call the faid C. C. the Promoter in this Caufe (Jjcrc infert the 2 Pr32fertiiTi fii tlje ecclrfiarfical CoattiJ. 449 Pr^fertim of the Accufation^ by menticfiifJg the abiifive Language that was giveu^') and didfl: then and there ufe feveral other braw- ling and chiding Words and Exprefiions a- gainft the faid C. C. and we article and ob- je(5t jointly and feverally, and of any other Time, and as before. 4. Alfo we article and objeft to you the aforefaid yl ^S". th.it you the faid ST. S. did upon the faid • Day of in the faid Church of in an angry and quarrelfonie Manner lay violent Hands upon the faid C C and Qbcre mention how and in --jjhat Manner the Blows were jirnck^ in an angry, paffionate and quarreUomc Manner , and we article and obje61: as be- fore. 5. Alfo we article and objeft to you the afore'^aid 1'. S. that you have incurred the Penalty of the Statute by reafon of your Excefs in the Premilfes, and ought to be puniil;ed and corrected according to the Exigency of the Law j and we article and objec^l as before. 6. Alio we article and obje61: to you the aforefaid 'T. S. that you the faid T. S. were and are a Layman of the Pariih of — in the County of and by reafon thereof fiibjed: to the Jurifdiciion of this Court; and we article and object as before. 7. Alfo we article and obje(5t to you the faid ^. S. that the faid C. C. the Party Agent in this Caufe, hath rightly and ducly complained of the PremilTes to us the Judge aforefaid, and to our Court i and we article and objed as before. G g 8. Aifo 450 Clje Clet^'^ Jnffnu^o? 8. Alfo we article and obje(5t to you the af^ref\id 2^. S. that all and fingular the • Premiffes were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, of which legal Proof being made, we will that you the aforefaid 'T'. S. he duely correded and puniflied according to the Exigency of the Law, and alfo be condemned in the Cofts of this Suit made and to be made in this Caufe by and on the Fart and Be- half of the faid C C and compelled to the due Payment thereof to him or his Party by our definitive Sentence or final Decree to be given in this Caufe, and further to do, ordain and decree in the Premiffes what fhall be lawful in this Behalf, all and fin- gular which Premiffes we propound and will to be done jointly and feverally, not obliging us, nor the Promoter of our Of- fice, to prove all and fingular the Premiffes, nor to the Burden of a fuperfluous Proof, againft which the Party Proponent protefls; and faving always to himfelf all Benefit of Law, prays that fo far as he fhall prove in the Premiffes, fo far he may obtain in this his Suit, humbly imploring the Aid of your Office in this Behalf Jrticks in trie eccfcnaftfcal Courts. 4ji Jr tides promoted agaijifl a Clergyman for 71 ot per7}/Uti?ig the Church-'iGar' de7is to lepair the Chirch. N the Name of God, Amen.^ and [o forth y as in other Articles. 1. We article and object unto yon the faid 11. G. that by the Canons and Confti- tutions Ecclefi ^ftical, and more particularly by the 85th Canon, '' The Church-war- '' dens ol"^ every Parifli are and ought to " take Care and provide that their Parifli '*• Churches be from Time to Time well " and fufnciently repaired, maintained and " kept, that the Windows be well glazedj " the Floors kept paved plain and even, '' and ali Things there in fuch an orderly " and decent Manner, without Duft or *' any Thing elfe that may be either noi-* *' fome or unfeemly, as beft becometh the " Houfe of God •" and we article and ob= jecl to you of every Thing jointly and I'e- veraily. 2. yMfo we article and obje<5l; to you the faid //. (?. that the Farifh Church of - in the County of o'i which you are Redor, was in all the Months in the Year ■ or \\\ fomc or one of them, and alfo in the A^. .nriis of ^ and and now is very much out of Repair, {Jjcre mcntiat the particular P^epdirs vi'hich arc neccffary to he done) which required f.veral Days Work for Mafons, Plaifterers, PlLMnbers and Gla- ziers ^ and we article and objed: as before. G g 2 3. Alfa 45 i '^I)^ €\n^'<^ zmnim 3. Alfo we article and objed; to you the faid 11. G. that the faid J. B. the Promotor, being one of the Church-wardens of the faid Farifh of for the faid Year parfuart to the Duty incumbent upon him by Virtue of his faid Office, did confult with and employ feveral Workmen to per- form and compleat the Repairs of the faid Church, and more particularly thofe men- tioned in the next foregoing Article, and thereof did feveral Times within the faid Year inform and acquaint you in the Pfe- fence of T. S. and others Workmen, to re- pair the fame , and we article and objecl: as before. 4. Alfo we article and object to you the faid //. G. that notwithftanding the Pre- miffcs in the next foregoing Articles, you the faid H. G. did of your own Accord, without any legal or proper Authority, and without the Confent of the Chuich- wardens of the faid Parifh, with an Intent to pre- vent the faid y. B. and the Workmen em- ployed by him, from going into the faid Church in order to view the Defech of the fame, and to make and perform the necef- lary Reparations aforefaid feveral Times in the Months of and and at other Times put, or caufe to be put, on the in- fide of the Doors of the faid Parifh Church Bolts, Bars and Faftenings^ and we article and objed: as before. 5. Alfo we article and objedl to you the faid H. G. that the faid J. B. did upon the < Day of go along with the afore- faid ST. S. and J. S. Carpenters to the faid Church, with an Intent of viewing and doing in tijc Ccclcfianical Courts* 4^ doing all fuch Repairs as were neceffary to be done in their way of Bufincfs, and alfo upon the Day of- ' the fame Month, he the faid J. B. did go along with the faid "t. S. J. S. and M. IV. Piai- ficrer to the faid Church, with the f;ime Intent, at both wliich Times the Doors were by you, or your Dircd::ons, locked, bolted and faftened on the infide, fo that they could not get into the laid Church, and that notwithdanding Application was made to you by the faid J. B. at one or both of the faid Times, to permit h^m to go into the faid Church for the Purpofes a- forementioned, you abfolutely rcfufed to order the Bolts, Bars and Faftenings to be taken oif the faid Doors, and would not permit the fame to be opened, in order that the faid J. B. and the faid Workmen might go into the faid Church to take Care of the necelTiry Repairs of the fame j and we ar- ticle and object as before. 6. Alfo we article and object to you the faid //. G. that by reafon of the PrcmilTes the faid Parifti Church of ftiil cou- tinues in want of feveral necelTary P^epairs, and particularly thofe beforementioncd, and daily fuffers great Damage, and if not time- ly provided againft, will grow much more ruinous and decayed ; and we article and objerl as before. 7. Alfo we article and object to yoM the faid //. G. that the faid J. B. was duely fworn into the Office of Chun h-warden for the faid Parifh of in the Month of for one whole Year from thence enfuing, and that by reafon of the Prefentment made G g 3 and and exhibired by him the faid f. B. at the Vifitation of the Reverend Mr. R. C Arch- deacon of on ' ■— the Day of laft, againft you the faid H. G. and of your being Redtor of the faid Parifli of you are fubjed; to the Jurifdidion pf this Court ; and we article and objed as before. 8. Alfo we article and objed to you the faid H. G. that all and fingular the PremiflTes were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, and of which legal Proof being made, v.^e will that Right and Juftice be eifedually adminiftred, and that you the faid //. G. be by canonical Cenfuics compelled to defift from fuch your Exceffes for the future, and be mo- niflied to permit and futfer the Church- wardens of the faid Parifh of to go into the faid Church, with fufficient Work- men, in order to view, clean and repair phe fame, and that you the faid H. G. be condemned in all the lawful Cofts made or to be made in this Bufinefs by us, or our definitive Sentence or final Interlocutory Decree, which we fhall read and promulge tf^erein. J in tljz Cccfcfianical Courts. 455 J Li hi iJi a Catife of Rate for Re- pairs of a Church. N the Name of God, Avien : Before you the Worfliipful //. //. Doctor of Laws, Vicar General of the Right Reve- rend Father in God E. by Divine Per- mifiion Lord Bifhop of and Official Principal of his Court of law- fully appointed your Surrogate, or fome other competent Judge in this Behalf, the Proclor of J. L. and T. ^. Guardians or Wardens of the Parifii Church of ■within the Diocefe of ^ againft the Ho- nourable G. IV. of the fame Parifh, and alfo againft any other Perfon or Perfons ■whomfoever, lawfully intervening or ap- pearing for hifn before you in Judgment by way of Complaint, and hereby com- plaining unto you in this Behalf, doth fay, alledge, and in Law propound articulately as follows, that is to fay, I. That in the Year of our Lord' • and in the Months of — therein concurring, all, fome or one of them, there was a Ne- ceffity of laying out fevcral Sums of Money upon repairing the Steeple of the Church, and building and repairing the Fences of the Church-yard of the Parifh Church of aforefaid, and other neceflTary Mat- ters and Things to be done, had and pro- vided in and about the fame ; and the Party Proponent doth alledge and propound of any other Time, and of every other G g 4 Thing 45<5 ^?)^ CIcrU'e 31n(ftuSC2 Thing as iliall appear hereafter from the Proofs to be made in this Caufe jointly and feverally. 2. That at a Veflry held the Day of in the Queft-houfe of the faid Pa- rifh, adjoining to the Church-yard of the {aid Church, upon due and legal Notice given it was then and there agreed and or- dered, that the Steeple of the faid Parifh Church fhould be well and fufficiently re- paired, and that the Fences of the Church- yard of the faid Parifh Church (hould be new built and repaired, as in and by the faid Order of Veftry, (Reference being thereunto had) it doth and may more fully and at large appear ; and this was and is true, publick and notorious ; and the Party Proponent doth allcdge and propouf^d as before. 3. That after the PremifTes in the v€\t precedent Article mentioned at a Veftry held in the aforefaid Queft-houfe on the ' — ^ Day of upon due Notice given, a Rate or AfTefTment for defraying or pay- ing the Charge of what was agreed upon the Day of then next preceding, was equally made according to a Pound- Rate, being the ufual Method of making of Rates in the faid Parifh, wherein every Parifliioner and Inhabitant thereof, and others who had held, occupied and enjoyed any Houfes, Lands or Eftate in the faid Parifh, and ratable to the Repairs of the faid Church, were rated, afTefTed and charged according to the Eflate, Houfe or Quantity of Land fuch Perlbn had, held, occupied and enjoyed within the faid Pa- rifh 5 fit tlje €cclcna(ticr.l Courts?* 457 rilh J and this was and is true, publick and notorious ; and the 1 arty Proponent doth alledge and propound every Thing contain- ed in this Article jointly and fev^rally, and as before. 4. That the faid G. IF. at the Time of mending and repairing the faid Church- Sreeple, and building and repairing the Fencts of the Church-yard, and maki?-g fuch AIcc rations as before fet forth, and for feveral Ycais before did, and does now dwell and inhabit vvithin the faid Parifii of and did and does hold, occupy and poffefi a Houfe or MelTuage vvithin the fame, and is in and by the faid Rate or AfTeflinent duely and juftly rated and af- ft ffed at the Sum of of good and lawful Money of Great Britain, and fo much he ought to pay, as and for his Pro- portion to the faid Rate or AflefTment ; and this was and is true, publick and notorious ; and the Party Proponent doth alledge and propound as I e fore. 5. That tlie faid J. L. and 'T. 7". now are Church- ward ens of the faid Parifli of— - and were rightly and duely admitted to ferve the faid Office , and this was and is true, publick and notorious ; and the Party Propopent doth alledge and propound as before. 6. That the faid Honourable G. IV. al- though often, or at lead once, asked, and required to pay, or caufe to be paid, the faid Sum of due by Virtue of the Rate or AflelTment as aforefaid, hath refufed, and at prefent doth refute, or at ieaft hath unjullly delayed, and at prefent doth 45 s €6? CUtK0 Jnanicfo? doth delay to pay the fame j and this was and is true, publick and notorious ^ and the Party Proponent doch allcdge and pro- pound as before. 7. That the faid Honourable G. W. afore- faid was and is o[ the Parifli of in the County of and Diocefe of and therefore fubject to the Jurifdidion of this Courts and the Party Proponent doth al- ledge and propound as before. 8. That of and concerning the PremifTes it hath been, and is on the Part and Be- half of the faid J.L. and I". I'. rightly and duely complained to you the Vicar General and Official Principal aforefaid, and to this Court J and the Party Proponent doth al- ledge and propound as before. 9. That all and fingular the PremifTes aforefaid were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, of which legal Proof being made, the Party Proponent prays Right and Juftice to be done and adminiftred to him and his Par- ties, and the faid Honourable G. IV. to be condemned in the Payment of the faid Sum of ■ — — — due by Virtue of the faid Rate or AfftlTment as aforefaid, and alfo be condemned in Cofts made and to be made in this Caufe, on the Part and Behalf of his faid Parties, and compelled to the due Payment thereof by you, and your defini- tive Sentence or final Decree to be given in this Caufe, and further to do and de- cree in the PremifTes what fhall be lawful in this Behalf, not obliging himfelf to prove all and fingular the FremiffeSj nor to the fit tlje Ccclcricftfcal Ccuitjj. 459 the Burden of a fuperfluous Proof, againfl: which the Farry Proponent prorefts; and fa- vino; always to himftlf all Benefit of Law, prays that fo far as he fhall prove in the PremifTes, fo far he may obtain in this his Suit, humbly imploring the Aid of your Office in this Behalf. A Libel in a Caiife of Rate for Re- pairs of a Ch7ircL\ IN the Name of God, Amen^ and fo fortbi as in the 'preceding Libel. I. That the Parifh Church of in the County of being out of Repair, C. H. and 'T. M. the Church-wardens of the faid Parifh for the Year being obliged to lay out fome confiderable Sums of Money in and about the fame, and for other Things relating to the Office of Church-wardens of the faid Parifh, the (iiid Church-wardens, and feveral of' the mod fubftantial Inhabi- tants of the faid Parifh of -^ on or about the Day of did meet together, purfuant to due and legal Notice given in that Behalf, in order to make a Church- Rate or AiTefTment, and being fo met, did agree and refolve that a Rate fhould be made, and that every Parifhioner, or Per- fon ratable, fhould be taxed and pay after the Rate of lo d. per Pound for all fucb Ploufes, Lands or Tenements which they held, occupied or enjoyed in the faid Pa-f rifh, or in the Limits thereof, amounting ip the Whole to the Sum of- and the 4^0 Clje c:!frft'0 JitRruafo? the Party Proponent doth propound and al- ledge of any other Space of Time, and of any other Sum or Sums of Money as fliall appear from the Proofs to be made in this Caufe, and of every Thing jointly and fe- verally. 2. That the faid 7! S. at the Time of making the faid Rate, did Hve and refide, and was an Inhabitant, and did hold, oc- cupy, enjoy and rent a Houfe with feveral Parcels of I>and within the Parifh of aforefaid, of the yearly Rent of or at Jeaft for which he was rightly and equally rated and aflTeffed in the Rate afore- faid at the Sum of and the Parry Proponent doth alledge and propound as before. 3. That for Supply of Proof of the Pre- mifles, the faid K. C and E. R. do exhibit and Ifave in the Regiftry of this Court a certain original Rate, and do alledge that the fame wis and is fubfcribed by the Church-wardens and feveral of the mod confiderable Inhabitants of the faid Parifti, and that all and fingular the Contents there- of were and are true, and fo had aed done as therein is contained, and that on the — Day of — ^ laft pad the faid Rate was confirmed and allowed of by the Worfhip- fal E. K. Docfor of Laws, Surrogate of the faid VVorfldpful //. H. alfo Dodor of Laws, and that in Submifiion and Coiiformity to, and in Compliance with the faid Rate, moft or the greateft Part of the Parifliioners and Perfons therein named and rated, have paid and fatisfied their refpedtive Sums of Money fo rated and afleffed upon them ; and fit tijc Cccfcfinflicai Cot!rt0* ^6i and the Party Proponent doth propound and ailed ge as before. 4. That C H. and ^. M. were at the Time of making the fa;d Rate Church- wardens of the Farifli of aforefaid, and that the faid R. C and E. R. are at prefent Church-wardens of the faid Parifh of- and were duely eleded, fworn and admitted into that Office j and this was and is true, publick and notorious, and well known to the faid 1'. S. and fo much he doth believe in his Confcience to be true j and the Party Proponent doth pro- pound and alledge as before. 5. That the faid T'. S. hath been feveral Times rcquefted and defired to pay the faid Sum of fo rated and affefTed upon him as aforefaid, to the faid C H. and 7^. M. notwithftanding which the faid yl S. did, and at prefent doth refufe and neglect to pay the fame , and the Party Proponent doth propound and alledge as before. 6. Thar the aforefaid ^. S. was and is of the Farifli of in the County of- . and Diocefe of and thereby fubje6i to the Jurifdidion of this Court j and the Party Proponent doth propound and alledge as before. 7. That the faid R. C and E. R. the prefent Church-wardens of the faid Parifh of have rightly and duely complained of the Premiffes ro you the Vicar General and Official Principal aforefaid, and to this Court i and the Party Proponent doth pro- pound and alledge as before. 8. That ^61 Cfje €Uif:^ Inf!ruf?oi S. That all and fmgular the PremifTes aforefaid were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, and of which legal Proofs being made, the Party Proponent prays Right and Juftice to be done to him and his Parties in the Pre- miffes, and that the faid 2^. S. be condemn^ ed in the Payment of the faid Sum of • fo rated and affefTcd upon him as aforefaid, as alfo to be condemned in the Cofts made and to be made in this Caufe, l^y and on rhe Part and Behalf of his faid Parties, and to be compelled to the due Payment there- of by you, and your definitive Sentence or final Decree to be given therein, and fur- ther to do and decree in the Premifles what (hall be lawful in this Behalf, not obliging himfelf to prove all and fmgular the Premiffes, or to the Burden of a fiper- fluous Proof, againft which the Party Pro- ponent protefts- and faving always to him- felf all Benefit of Law, prays that fo far as he fhall prove in the PremifTes, fo far he may obtain in this his Suit, humbly im- ploring the Aid of your Office in this Behalf. fn tlje CcdeCianfcal Cortrt;;?. 45: A Mo7tition for a Clergyman to he- have better in his Mi nift trial Office. EBy Divine Permiflion Lord Bifliop • of To all and fingular Clerks and Jiterate Perfons whomfoever and wherefo- ever in and throughout our Diocefe of— — Greeting : Whereas the WorOiipful H. H. Dodor of Laws, (Jjcre infcrt the 1'itle of the fudge) of our Court of Jaw- fully appointed, rightly and duely proceed- ing in a certain Caufe of Office lately de- pending before him in the faid Court, pro- moted by y. C. Gentleman, againlt the Reverend R. S. Clerk, Redor of the Pa- rifli Church of in the County of for Negle6t of his Minifterial Office, and for other Crimes and Offences committed by him, hath by his Interlocutory Decree, at the Prayer of the Pro6lor of the faid f. C. decreed the faid R. S. to be moniffied to behave himfelf in his Minifterial Office, and do his Paftoral Duty in a better Man- ner for the future J we therefore authorize and ftri6^1y injoin and command you jointly and feverally to monifli, or caufe to be mo- niffied peremptorily, the aforefaid R. S. to behave himfelf in his Minifterial Office, and do his Paftoral Duty in a better Man- ner for the future, u^ der Pain of the Law and Contempt thereof; and what you ftiall do in the PremifTcs you ffiall duely certify our faid his Surrogate or fome other competent Judge in this Behalf, together with 4^4 ^Se Clerk'^ Jnfini^ci ■with thefe Prtfents. D^ted the Day of in the Year of our Lord Jrticles promoted agaiyiff; a Clergyman for Fornication and other Unormi- 1 ties. N the Name of God, Avien: We //. by- Divine Permiflion Lord Biihop of To you A. B. Clerk, Vicar of the Vicarage and Parifh Church of in the County of within our Diocefe of ail and every the feveral Pofitions or Articles here underwritten, concerning your Soul's Health, and the Reformation of your Manners and Exceffes, and more efpecially the Crimes of Adultery, Fornication or Incontinency, Drunkennels and Neglect of your Min"- fterial Duty, as being Vicar of the faid Pa- rifh, and other enormous Crimes and Of- fences, by Virtue of our Office, at the Pro- motion of C. D. Efq; of the Pariih of aforcfaid, to be objected and adminiftred, do offer, object and article as follow, -y/z. I. We article and object to you the faid A. B. that for thefe — — or at leyft Years laft paft, you have been a Minifter in holy Orders, and Vicar of the Vicarage and Parifh Church of aforefaid, and for and as fuch were and are commonly ac- counted, reputed and taken to be ; and we article and object of any other Time, as fliall appear from the Proofs made and to be made in this Caufe, and of every Thing elfe jointly and feverally, I 2. Alfo in t6e Ccclcfiam'cal Courts?. 4^5 2, Alfo we article and objedl to you the faid A. B. that you know, believe, or for a long 'J'ime have heard, that all and every Clerks who perpetrate or commit the re- fped:ive Crimes of Adultery, Fornication or Incontinency, Drunkennefs, and other Crimes of Impiety, or the enormous Crimes or Offences mentioned and fet forth in the feveral Articles following, or have been no- torioully noted, fufpedrfed or made infimous by reafon of the fame, are and ought to be duely and canonically punifhed and correct- ed according to the Exigency of the Law 3 and we article and objec!:!: as above. 3. Alfo we article and object to you the faid A. B. that about Years fince^ to wit, in or about the Month of in the Year of our Lord — — you called over or invited one C. E. (then C C Spinfter) together with one F. G. to drink a Bottle of Wine with you at your Vicarage Houfe at aforefaid, and then fent the faid F. G. home to her Houfe to fetch Milk to make a Sillabub, and in the mean Time you ufed and offered feveral indecent and rude Adions to the faid C E. and particularly you (^here the feieral povrticnlar Indecencies were recited') and attempted or endeavoured to debauch her, and have the carnal Knov.-- ledge of her Body, but flie refifted and op* pofed fuch your wicked Attempts, and then tore your Gown Sleeve, and made her Efcape from you thro' the back Door and over the Pales ^ and this was and is true, publick and notorious, and thereof there was and is a publick Voice, Fame and Re- port within the faid Parifii of- — and H h other 4^5 €8e €Ut\C0 Jnmmt other adjacent Pariflies j and we article and objed of any other Time and Place, and as above. 4. Aifo we article and objecfl ro you the faid ^f. B. that in or about the iMonth of being the Time you baptized M- G. Daughter of fT. G. of the Pari(h of' aforefaid, you were drunk, or much dif- ordered with Liquor, and did then by your rude and lafcivious KilTcs, and obfcene and immodeft Difcourfes, give great Scandal and Offence to the Women and others then pre- fent, and then followed one of the Women, namely M. K. otherwife M. now the Wife of S. R. into a private Place, and attempt- ed to debauch and have the carnal Know- ledge of her Body, and thereof Ihe (hortly afterwards complained to feveral Perfons, and particularly to the Wife of the faid ?". G. and others ^ and this was and is true, publick and notorious, and thereof there was and is a publick Voice, Fame and Re- port within the faid Parifli and other adja- cent Parifhes ^ and we article and object of any other Time and Place, and as above. 5. Alfo we article and objed: to you the faid ^. B. that in or about the Month of you ufed and offered feveral unchafte and indecent Adions to P. B. otherwife R. (now the W^ife of B. B.^ of the aforefaid jPariih, who was then a Spinftcr, and parti- cularly once you Qbcre the feveral Indecen- cies ivere particularly defcribed^ and fhe thereupon flruggled with you, and kicked up your Heels, and threw you down flat upon the Floor, and then ran from you 5 and at another Time in the faid Year in th& the Evening next before the faid P. was married to her faid Husband, you coming into the Room where llie was alone, made her fit down by you, and then by force Qbere the feveral indecent Anions were men- tioued^ and {he then ftruggling with you, and calHng out for Help, you took her by the Throat, and pinched htr fo hard with your Hand that (he could fcarce Breath, and bruifed and made her Throat black, ia feveral Places, which Bruifes, and the Im- preflions of your Fingers about her Throat, were feen and obfcrved by feveral Perfons the ney.t Day • and this was and is true, publick and notorious, and thereof there was and is a publick Voice, Fame and Re- port within the faid ParilTi and other adja- cent Parifhes ^ and we article and objed of any other Time and Place, and as before. 6. Alfo we article and objed: to you the faid A. B. that you not having the Fear of God before your Eyes, but being feduced by the Devil and your own carnal Lulls, did feveral Times in the Year endea- vour and attempt to debauch and commit the Crim.e of Adultery, Fornication or In- continency with J^. N. Wife of K. N. of the Parifli of in the Vicarage Houfe within the faid Pariih, and then ufed fe- veral Arguments to perfuade and induce her to confent thereto, and particularly told her that it would be no Sin, and that if it was ever fo great a Sin, God would for- give it upon her repenting thereof, or to that Etfect j and at one of the faid Times you offered her a black Gown, and at an- other Time a Shirt, and feveral other H h 2 ThingSj 468 €U Cterh'0 3fn(!ntgoi Things, upon Condition fhe would let you have the carnal Knowledge of her Body, and at or about the Time aforefaid you pulled out your (here the fcveral indecejit A£iions and Obfcenities were recited without Keferve') and then had the carnal Know- ledge of her Body j and this was and is true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report within the faid Parifh and other ad- jacent Parifhes ; and we article and objed: of any other Time and Place, and as be- fore. 7. Alfo we article and objeft to you the iliid A. B. that in the Year you fe- veral Times attempted and endeavoured to debauch and have the carnal Knowledge of the Body of ^y. E^ your Domeftick Servant, and at one of the faid Times (he the faid S. E. having by your Order brought to you whilft you were in Bed a clean Shirt to put on, you ordered her to put it on for you, which (he refufing, and then throwing your faid Shirt down upon your Bed, you catched hold of her Coats, and by Force threw or pulled her upon your Bed, and run your Hands up her Coats, ana ufed and offered feveral other rude and indecent Adions to her, and attempted and endea- voured to lie with her, and have the carnal Knowledge of her Body, but Ihe refifted and oppofed fuch your wicked Attempts, and got from you by Force, and fhe fhortly afterwards complaining thereof to fome of your Neighbours, you thereupon threw a Stone Pot and other Things at her Head, and fworc you would fplit her Skull ; and this in tlje CcclcfialTical Cotittjef* 469 this was and is true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report within the faid Parifh and other adjacent Parifhes ; and we article and objedl of any other Time and Place, and as before. 8. Alfo we article and obje61: to you the faid ^. B. that in or about the Year ■ you being together with one M. A. (the Wife of f. A.') in a Stage-Coach between ■ and in the County of • you there ufed and offered feveral rude and in- decent Actions to her, and particularly you laid your Hand twice above her Knte, and faid, here is good Flcfli ; and fiie then fhoving your Hand off, you rudely pulled out your (Jjere the feveral immodejl IFords and Gejlurcs were 7nentio?ied) and endeavour- ed and attempted to debauch her, and have the carnal Knowledge of her Body, and after fhe had refilled and ftrove with you till fhe was almoft out of Breath, flie was forced to call to the Coachman to ftop his Coach, and threatened to jump out of it if he did not flop it, whereupon you the faid A. B. quitted the faid Coach, and there left the faid M. A. and this was and is true, publick and iiotorious • and we article and objed: of any other Time, and as before. 9. Alfo we article and objeil to you the faid A. B. that you have feveral Times in the refpedive Years or in fome or one of the fiid Years, attempted the Cha- ftity, and endeavoured to debauch and have the carnal Knowledge of the Bodies of feveral Women, and more particularly of L. E. (the Wife of il. E.) in or about • H h 3 and 470 Cljt ClcrV^ 5nffrti(!0? ?nd of S. A. (the Wife of F. ^.) in the fame Ye^r, and have ufcd feveral Argu- ments and Means to perfuade them to com- mit the Crime of Adultery, Fornication or incontinency with you, but they always orpofed and refifted fuch your wicked At- tempts- and this was and is true, pubiick and notorious, and thereof there was and is a pubiick Voice, Fame and Report within the faid Parifh ; and we article and object of any other Time and Place, and as be- fore. lo. Alfo we article and objeft to you the faid A. B. that you have within the refpec- tive Years ■ been much addicled to ^ excefTive Drinking, and have been feveral Times fo very drunk that you were not able to fit on Faorfehack, or to walk, and hath feveral Times fallen from off your Horfe, and fometimes into Ditches, and been there in Danger of being ftifled and iod, and particularly on or about the Day of you were fo very drunk that you fell from off your Horfe in the High- vray betwixt and being then not nble either to fpeak or ftand, and have fe- veral Times been carried or led home drunk to your faid Vicarage Houfe, and to other Places, and by reafon of your exceflive Drunkennefs you have vomited and be- fouled yourfelf, and particularly at on the Day of in the Year where you ftayed all or moft Fart of the Night drinking, and whilft you have been fo drunk you iiave entered into fome of your PariO'-iioners Houfes, and particularly the Houfe of K. A. where you have fwore feveral in ti)t Cccfcnafrical Courts* feveral Oaths, and there behaved yourfelf rudely, and very much abufed them ; and this was and is true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report within the faid Parifli and other adjacent Parilhes; and we article and objecl: of any other U ime and Place, and as before. 11. Alfo we article and objedl to you the faid y^. B. that you have within the refpec. tive Years aforefaid, and more particularly at the feveral Times of being drunk, as aforefaid, uttered and exprclfed feveral ex- ecrable and horrible Curfes and Oaths, and been very prophane and lewd in your Dif- courfe, and have by your Difcourfe and Ar2;uments endeavoured to vindicate and defend your Lewdnefs and Drunkennefs, and in your Difcourfe at the Chriftening of JS. the Daughter of S. L. which was on or about the Day of you quoted feveral Texts of Scripture, arid particularly the firft o^ Corinthians the 9th Chapter and the third, fourth and fifth Verfcs. :\s an Ar- gument for your Drunkennefs, Lewdnefs and Debauchery ; and we article and objedl of any other Time, and as before. 12. Alfo we article and o'jecl to you the faid A. B. that within the Time aforefaid, and more particularly in the Years you have feveral Times come home to your faid Vicarage Houfe, and other Places with- in the laid Parifii, very much diiguifed or dif)rdered with Drink, and have then, without any Manner of Caufe or Provoca- tion, been very paffionate and outragious, and fwore at, and curfed and damned H h 4 your 471 47 i "^8^ Cictk'jS 3in(tniffci? your Servants and others ; and this was and is true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report within the faid Parifh and other adjacent Parifhes , and we article and ob- ject of any other Time and Place, and as above. 13. Alfo we article and objeft to you the faid A. B. thit during the i ime you have been Vicar of the faid Parifh, and more particularly in the refpedive Years — you have very much neglefted your OfHce and Minifterial Duty in the faid Parifh, and refufed or neglec^ted to baptize feveral Children who have been very fick, and died without Baptifm, and particularly a Child of M. 5l another Child of one J. ^. of your Parifh, and alfo refufed or negletl- ed to adminifler the Holy Sacrament of the Lord's Supper to feveral of your Parifliion- ers who have been at the Point of Death, or very ill, and defired the fame, and par- ticularly to E. N. who died in the Month of-: difcontenred for want of Receiving the faid Sacrament, and refufed to leave your Play at Nine Pins at an Alehoufe to bury a Child j and we article and object of any other Time, and as above. 14. Alfo we article and object to you the faid y4. B. that you have within the refpec- tive Years in the next precedent Article mentioned nep;lecied to enter in the Re- gifter Book of the faid Parifh the Baptifm of ieveral Children who were '.<:iptized by yourfelf, namely P. C the Daughter of 'iV. C M. G. the Daughter of 2^. O. and feveral of the Children of J. R. and you have in t6e ^cclcfiaftical Couttj^. 473 have alfb regiftred the Baptifm and Names of feveral Children falfly, and particularly one by the Name of J. as being the Son of the faid J. R. tho' he never had any Son, and regifter'd feveral without their Chriftian Names, only as the Children of fuch and fuch Perfons, and particularly the Son of J. D. and the Daughter of S. M. who were baptized by you in the Year and you have alfo baptized feveral Children without Godfathers and Godmothers, and particularly D. the Son of J. 1'. of the faid Parifh ; and we article and obje6t of any other Time, and as before. 15. Alfo we article and obje^l: to you the faid A. B. that by your wicked Life and Converfation, and the notorious Crimes committed by you as aforefaid, you have given fuch great Scandal and Offence to the beft and moft fober Part of your Parifhion- ers, that feveral of them have abfented themfelves thereupon from their Parifh Church, and gone to other Churches, and particularly J. G. 21 B. N. N. M L. and feveral others, and thereof there was and is a publick Voice, Fame and Report with- in the faid Parifh and other adjacent Pa- rifhesj and we article and objecl as above. 16. Alfo we article and obje(^l co you the faid A. B. tb:it for your enormous Crimes, Impiety, Mifdemeanors and Negle^b a- forefaid, you ought to be canonicaliy ror- redled and punifhed ^ and we article and objedl as sbove. 17. Alio we article and objecl: to you the faid //. jB. that you are of ihe Diocefe of * and by reafon of the PremifTes fub- jea 474 ^Ije C(ei!t'0 3n(ft:t!cl0? jeft to the Jurifcii61ion of this Court, and we article and object as above. 1 8. Alfo we article and obje6l to you the faid A. B. that the fald C D. Efq^ the Party Agent in this Caufe, hath rightly and diaely complained of the PremifTes to us the Judge aforefaid, and to this Court j and we article and objed: as above. 19. Alfo we article and obje6l to you the faid A. B. that all and fingular the Pre- mifTes were and are true, publick and no- torious, and thereof there was and is a publick Voice, Fame and Report, and of which legal Proof being made to us the Judge aforefaid, and to this Court, we will that you the aforefaid A B. be duely cor- redled and punifhcd according to the Exi- gency of the Law, and alfo be condemned in the Cofts of this Suit, made and to be made in this Caufe, by and on the Part and Behalf of the faid C D. Efq^ and com- pelled to the due Payment thereof to him or his Party by our definitive Sentence or final Decree to be given in this Caufe, and further to do, ordain and decree in the PremifTes what fliall be lawful in this Be- half, all and fingular which PremifTes we propound and will to be done jointly and feveralJy, not obliejing us, nor the Pro- moter in this Caufe, to prove all and fin- gular the Premifl^;s, nor to the Burden of a fuperfluous Proof, againft which the Party Proponent protefts ^ and faving al- ways to himfelf all Benefit of Law, prays that fo far as he fliall prove in the Pre- mifTes, fo far he may obtain in this his Suit, Ill tijc (JTccIcfianfcal Couit^* 475 Suit, humbly imploring the Aid of our Office in this Behalf. A Lihd in a Cciufe of T'ithes. N the Name of God, Amen : Before you the Worlliipful H. H. .Do61or of Laws, Vicar General of the Right Reve- rend Father in God E. by Divine Per- miflion Lord Bifhop of and Official Principal of his Court of law- fully appointed your Surrogate, or fome other competent Judge, the Proctor of the Reverend T. IV. Clerk, Mafter of Arts, Vicar of the Vicarage and Parifh Church of — ^ — in the County of and Diocefe of againft JB. of the ParilTi, County and Diocefe aforefaid, and againft any other Perfon or Perfons whomfoever, law- fully intervening or appearing for him in Judgment by way of Complaint, and there- by complaining unto you in this Behalf,doth fay, alledgc, and in Law propound articu- lately as follows, that is to fay, I. That the aforefaid T. IV. Clerk, in or about the Month of laft paft was duely and lawfully inftitated and induced in and to the Vicarage of the Parifh Church of — in the County of aforefaid, with all the Rights, Members and Appurtenances to the fame belonging and appertaining^ and for and as Vicar of the Parifh Church aforefaid, he hath been, was and now is commonly accounted, reputed and taken to be i and the Party Proponent doth pro- pound and alledge every Thing in this Ar- ticle 47<^ '^6^ C!er(i'0 3Inffr«efo? tide contained jointly and fevcraliy, and doth alfo propound and alJedge of any other Time and Place as fhalJ appear from the Proofs to be made in this Caufe. 2. That the Right of receiving, taking and having the Tithes, Offerings, Obla- tions, Obventions, Profits and other Eccle- fiaftical Rights and Emoluments within the Bounds, Limits and Tithable Places of the Vicarage and Parifh Church of afore- faid, proceeding, increafing and happening, and eipecially the Tithes and Ecclefiaftical Rights mentioned in the Schedule here- unto annexed, (which Schedule the Party Propoiicnt prays may be here read and in- ferted, and to -'?hich the laid Party Propo- nent doth refer) by Law have appertained and belonged to the Vicar of the faid Pa- rifh and Parilh Church aforefaid for the Time, and do belong and appertain to the aforefaid *t. IV. Clerk, now Vicar of the faid Vicarage, and io ought for the future to appertain and belong ^ and the Party Proponent doth alledge concerning any other Tithes and Ecclefiaftical Rights as fhall appear from the Proofs to be made in this Caufe, and as before. 3, That notwithftanding the PremifTes a- forefaid, the faid J. B. in the Year and Months in the firft Article mentioned, or fome or one of them, all and fingular the Tithes, Offerings, Obventions and other Ecclefiaftical Rights and Emoluments men- tioned and fpecified in the Schedule an- nexed to thefe Prefents (which Schedule the Party Proponent prays may be here read and inferted) forth-coming, growing and in tijc eEcclcfiaftical Ccurt0. 477 and happening, all or fome of them, with- in the Parifh of aforefaid, and the tithablc Places of the faid Parilli, either by himfelf or fome Perfons belonging to him, hath received, held and pofTefled, and hath had and applied the fame to his own Ufe without Compenfation or Compofirion with the faid J'. IV. for the fame ; and the Party Proponent doth alledge concerning any other Ecclefiaftical Tithes, Rights and E- moluments, as lliall appear from the Proofs to be made in this Caufe, and as before. 4. That the true Value of the Tithes and other Ecclefiaftical Rights or Emolu- ments by the aforefaid J. B. as before fet forth, taken, held and occupied, hath been and is (as in the faid Schedule annexed is fpecified and contained) in the common Eftimation of Men worth at leaft the Sum of as in the faid Schedule is fet forth j and the Party Proponent doth alledge as before. 5. That the aforefaid J. B. hath been often, or ar. leaft once, asked and requefted to pay, give and deliver to the aforefaid y! U^. or his Procter for his Ufe, the faid Tithes, and other Ecclefiaftical Rights and Emoluments mentioned in the aforefaid Schedule, or the Value thereof, or to com- pound with the faid ^. IV. for the fame , notwithftanding the Premiffes at prefent, he refufts and defers fo to do, and he doth al- ledge as before. 6. That the aforefaid J. B. was and is of the Parifh of in the County of and Diocefe of and by reafon thereof fubjed to the Jurifdidion of this Court j and 47^ Cfje Cfait'i^ Jn^rimo? and the Party Proponent doth alledge and propound as before. 7. That of and concerning the Premiffes it hath been and is on the Part and Behalf of the faid fT. IV. rightly and duely com- plained of to you the Vicar General and Official Principal aforefaid, and to this Court i and the Party Proponent doth al- Jedge as before. 8. That all and fingular the PremiflTes aforefaid were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, and of which legal Proofs being made, the Party Proponent prays Right and Juftice to be effecrually adminiftred to him and his Party in tlie Premiffes, and the faid J. B. not only to be condemned in the aforefaid Tithes, fo as before fee forth unduly car- ried away and not paid, but likewife in lawful Cofts on Behalf of the faid r. IV, the Vicar aforefaid, by reafon of thii Suit, necelTarily made or to be made, humbly praying a Sentence or final Decree to com- pel the faid 'J. B. to pay both the faid Tithes and Expences, and Right and Ju- ftice to be done to him and his Party, by your defijiitive Sentence or final Decree to be given in this Caufe j and further, Sc. as jn other Libels. ^he in t!je Ccclcfiafhcnl Cctitti^. 47P 'The Schedule me7itio7ied i7i the afore- [aid LiheL IN the firft Place, that in the Year and Months mentioned in the firft Article of the foregoing Libel, the faid J. B. had held, polfefTed and enjoyed — Acres, or at leaft Acres of Pafture Ground within the faid Parifh of Bounds, Li- mits and tithable Places thereof, upon which " he did Departure or Agift or at leaft Milch-Cows, which he caufed to be milked, and had and to his own Ufe con- verted the Milk of them, and the Milk of each Cow was worth for the whole Year the Sum of the Tithe of which Milk worth and due accordingly j and the Party Proponent doth alledge any other Number of Acres and Cattle, either greater or lefler, and whatfoever other Quantity, Quality or Sum of Money Libeliate, either greater or leffer, and of fuch like, and how great Quantity, Quality or Sum, as by the Con- feflion of the adverfe Party, or other law- ful Proofs in the Event of this Suit, ftiall appear ; and the Party Proponent doth aU ledge as before. Of '4So €60 €UtV^ %nmmi Of pluralities a?id T>ifpenfatiof2s af them accordi/ig to the Statute of 21 H. 8. alfo of Ketainder of Chap- lains^ hoiv viaiiy Chaplains Nohle- men and Officers of Hojioiir and *place may retains what floall he a good Ketainder for a Chaplain^ and <:ohere T>ijpenfation granted to fuch Chaplain for ''Plurality Jhall he good, where not. W HAT Perfons are capable of PJu- ralities, and what to grant them at this Day, and what not, appears by the Statute of 21 H. 8. cap. 13. The King, Queen, Prince, and other the King's Children, are not limited within the Statute how many Chaplains they (hall retain, and therefore they may retain as many Chaplains as they pleafe, Arch- bilhops, Bifhops, Dukes, Marquefles, Earls, Countefles, Barons, and all other Officers of Honour and Dignity mentioned in the Statute, are ftinted how many Chaplains every of them may retain who are capable to have Plurality ^ and the Qualifications of fuch their Chaplains muft be fub Signo S Sigillo of the faid King, Lord, ^c. other- wife the fame is not good, as it was refolved 28 Eltz. in Savacre^ Cafe. Coke /^ Party A Countefs may retain two Chaplains "'' 347- from the Pope for a Plurality, and at the I Time of the making of the Statute of 21 H. 8. hath one Benefice, with Cure of Souls, of the yearly Value of 8 /. per Ann. and within one Year after the making of the Statute of 28 H. 8. cap. 16. he obtain- eth a Confirmation of his former Difpenia- tion, with Words in the Confirmation (to hold, ufe and enjoy the Effe'l of the Dif- penfation j) yet by the Opinions o? Moimfon and A'Lmwood Jufticcs, the firft Benefice is void by the Statute of 21 //. 8. and the Sta- tute of 28 //. 8. cap. 16. doth not reftore him to the fame, without a new Prefenta- tion, notwithftanding that the Statute of 28 H. 8. made the Bulls of Difpenfation, made by the Pope, good for one Year ; and if they be furrendred, that the Chan- cellor of the Augmentation may make a new Difpenfation unto him. But by Dyer Juftice, as the Statute of 21 H. 8. made the firft Benefice void, fo the Statute of 28 //. 8. cap. 16. did not reftore him to the Benefice; for when two Statutes are crofs in Appearance the one to the other, and no Claufe of Non objiante be contained in the fecond Statute, fo that the one may ftand with the other, fuch Conftrudlions fliall be made of the Statutes, that both of them (liall take Kffed, The Statute of 21 //. 8. would not that there (hould be a Parity or Equality of all P-rfons in the Pale of the Church, Nihil I i 2 ejiim 4^4 €i)t cuti'0 3nm\m etiim eft majus inequale qnam ^qualitas ; and therefore the Statute provided, that fome Minifters and Ecclefiaftical Perfons fhould have Precedency of others j i. In refpett of the Perfons of Dignity upon whom they were Attendants j 2. In refped: of their Births and Bloods ^ 3. In refpedl of their Degrees which they have taken within the two Univerfities of this Realm : And therefore firft, every Archbifhop may have eight Chaplains, becaufe he niuft ufe eight at the Confecration of every Bifhop ^ every other Bifhop four Chaplains^ every Duke, Duchefs, Marquefs, Earl, Counrefs, Baron, or Baronefs Dowager, two Chaplains ; every Knight of the Garter three Chaplains, and every one of their Chaplains may purchafe a Difpenfation to have and hold a Plurality, or two Bene- fices with Cure of Souls, of any Value what- foever. So 2. The Brethren and Sons of all Temporal Lords born in Wedlock, may have Licence or Difpenfation to take and keep as many Benefices as the Chap- lains of a Duke or Archbilliop j the Sons and Brethren of every Knight may pur- chale Difpenfation to receive and take two Benefices with Cure of Souls. 3. in refpecl of their Degrees : So all Dodors and Ba- chelors of Divinity, Doctors of Laws and Bachelors of the Canon Law, vho are ad- mitted to their Degrees by the Univerficie5, and not of Grace, may purchafe Licence or Difpenfation to have and keep two Be- nefices with Cure of Souls j infomuch that if we confider of the Nobility now in Eugliind-i the Ofnces of Honour and Place, the L fit tlje Ccclcfiaffical Cotirtiof. 4S) f the Sons and Brethren of Noblemen and Knights, and other defcrving Men within the Realm, who have taken the Degrees aforefaid, it cannot be thought but that all, or the moft Part of the Clergymen within the Realm of Engla?id^ have at this Day, or may have. Plurality or two Benefices, with Cure of Souls, within the faid Statute of 21 H. 8. Again, if we look upon the Parochial Churches within the Realm, the Dignities of Archdeaconries, Deanries, Prebendaries, and other Ecclefiaftical Dig- nities and Promotions given to Perfons within the Realm, it cannot be imagined but that all Scholars, Minifters, and other Ecclefiaftical Perfons within the Realm, of Learning and Merit, are now better pro- vided for by this Law of 21 H. 8. than they were in ancient Times, when Difpen- fations for Pluralities, Commendams and Faculties were granted and obtained by the Clergy of England from the Bifhop of Rome. 1 i 3 u^n 4^5 linje CIcr(v<5 Snftnt^Oi Au Jti 072 appoi7ili7ig a Cojiimiffary a?id Sequefirator Ge7ieraL On the Day of m the before the God E. Year of our Lord PN^ight Reverend Father in by Divine Permiflion Lord Bifhop of at in the Prefence of R. R. Notary Publick, and Principal Re- gifter of the faid Lord Bilhop. THE Bufinefs of con-' ftituting and appoint- ing the Right Worfhipful H. H. Dodor of Laws, Commiffary and Seque- ftrator General in and On which Day the faid Right Reverend Fa- ther in God E. Lord Bifhop of by Letters throughout the (J^ere fpe- ^Patent under his Hand and Epifcopal Seal, did for himfelf cify the Extent of the Com- miffary^ s Jnrifdi^iion ) of and belonging to the Dio- cefe and Jurifdiction of the and his Succef- faid Bifnop. ! fors nominate, I conftitute and appoint the faid Right Wor- iliipful H. H. Doftor of Laws, Conimit- fary and Scqueftrator General in and throughout the (^here fpcc/fy the Extent of the Cotniniffiiry^s "Jtirifdi^ion') of and be- longing to the Diocefe and Jurifdidion of the Bilhop of and the faid Dr. H. H. did thereupon, in the Prefence of the faid Lord Bifhop, fubfcribe the Thirty-nine Ar- ticles of Religion, and took the Oaths of Allfgiance and Supremacy, and likewife the in tfjr €cc(crini!icaf Courts. 487 the Oath faithfully to execute the Office of ComniiiTary and Sequeftrator General a- forefaid, and by and with the Confent of the faid Lord Bilhop continued all the Sur- rogates heretofore appointed in the faid CommifTary Court, or in the Confiftorial and Epifcopal Court of Which I atteft, B. D. Notary Pubiicfc. Inftr7iclio72S for the Exec?itio72 of a Ifarrcuit from the Admiralty to ar- reft a Skip, THE Warrant muft be executed by a Perfon who can write and read, whofe Name muft be firft inferted in the Blank left in the Beginning of the Warrant for that Purpofe, by his going on board the Ship, and producing the Warrant to the Mafter, commanding Officer, or fome of the Crew on board, and declaring before them that he doth by Virtue of the faid Warrant arreft the faid Ship, her Tackle, Apparel and Furniture, at the Suit of y. B. 7V. E. and Company, late Mariners of the faid Ship, in an Adion of —Pounds Sterling, and that he doth cite all Perfons in general having or pretending to have any Right, Title or Intereft in the Pre- miffes, to appear at the Time and Place, and to the Effecl: mentioned in the faid W^arrant - then let him affix a Copy on the Mainmaft and leave it there, and after fup- I i 4 plying 4SS €!]C €in'd'5* 4S9 A Summary petition to the Admiralty, On the •Day of in the Year of our Lord B. late Mariner of"* Upon which a certain Merchant Ship called the — whereof C T). is Mafter, againft the faid Ship, her Apparel Day C as law- ful Proctor of the fiid A. B. by all better and Furniture, and alfo a- ^ and more ef- fectual Ways and Means, and alfo to all In- tents and Fur- j pofes in Law gainft the faid C D. in a certain Caufe of Stibftrac- tion of Wages both Civil and Maritime. whatfoever, doth fay, al- ledge, and in Law propound articulately as follows, (that is to fay,) I. That in the Months of in the Year of our Lord the faid Ship the whereof the faid C D. then was and nov/ is Mafter, being at the Foit of and defigned on a Voyage to and from thence to and thence to and fo back again to the faid Fort of > the faid C. D. did by himfelf or Agent upon the Fiigh and open Seas, within the Ebbing and Flowing thereof, and Jurif- di6tion of the High Court of Admiralty of Great Britain^ (hip and hire the faid A. B. to ferve as (Jjere mention the Office and Place the Plaintiff ferve d in on board^ on board the faid Ship on the faid Voyage, at and 490 tlTfjc C!a1V0 5nfTme!o? and after the Rate of (^here fpecify the IViiges agreed for) the Month, and the faid A. B. did on or about the Day of ■ aforcfaid go on board and enter into the Service of the faid Ship, and the faid Ship proceeded on the faid Voyage, and took in a Loading of in and then went to where flie unliverM her faid Loading, and took in a Loading of and fo proceeded to v/here (he took in " and then proceeded on her Homeward-bound Voyage, and fafely ar- rived in where fne was fafely moored on or about the Day of— ■ lafl: paft: ; and the faid A. B. ferved as • aforefaid on board the faid Ship, from the • Day of ^ aforefaid, to the • Day of aforefaid, being Months and Days, which amounts to the Sum of whereof received in Sterling Money the Sum of which being deducled from the Sum of there remains due to the faid y1. B. the Sum of and the faid C. D. did take and receive of the faid A. B. twelve Green Birds or Parroquets, value ' each, which amounts in the whole to the Sum of for which the faid Mafter is really and truely indebted to him the faid A. B. and he the faid A. B. has not received of the faid Captain, or his Agent, or any other Perfon for him, any Part of the faid Sum of due for the Birds aforefaid • and the faid A. B. well Hnd truely peribrmed his Office and Duty of on board the faid Ship during all the faid Time, and was obedient to the lawful Commands of the Mailer thereof, and fit tijc Ccclcfiadical Courtjs* 49 qnd uell and truely deferved the faid Monthly Wages, and fo much or greater IVIonthly Wages tlian was ufually given to Perfons ferving in fuch Capacity in other Ships on the hke Voyage ^ and this was and is true^ and fo much the faid C Z). hath confeil'ed and acknowledged to be true ; and the Party. Proponent doth al- led^e and propound of any other Time and Place, and Salary, W^ages, Sum or Sums of Money, and of every Thing elfe, as fnail appear from the Proofs tf) be made in. this Caufe. £, That all and fingular the PremifTes were and are true, publick and notorious, and thereof there was and is a publick Voice, Fame and Report, and of which jegal Proof being made, the Party Propo- nent prays Right and Juftice to be effec- tually adminiftred to him and his Party in the PremilTes, 6>c. J Certificate to the ArcWiflmp o/^ Can- terbury to he admitted a Vro'ctcr in the Arches Court. To the mofl: Reverend Father in God J. by Divine Providence Lord Archbifhop of Canterhury^ Primate of all England and Metropolitan. THESE are moft humbly to certify your Grace, that R. IV. Notary Pub- lick, ferved J. K. Notary Publick, one of the Procurators General of the Arches Court of Canterbury^ as his articled Clerk fo;* 492 '^fje Cfcrl^'0 3ln(!niSo? for the Space of feven Years, commen- cing from the Day of in the Year of our Lord during which Time, and ever fince, he hath behaved himfelf with Integrity and Diligence, and hath been admitted a Prodtor exercent of the Confiftory Court of the Lord Bifhop of London ; that he is a Perfon of a fober Life and Converfation, well afiFedted to his Majefty King George the Second, and con- formable to the Doclrine of the Church of England as by Law eftablifhed ; and that we humbly conceive him to be fitly qua- lified to be admitted into the Number of the Procurators General of the Arches Court of Canterbury. IVitnefs our Hands this Day of in the Year of our Lord ^ D, D. Articles fit tlje Ccclefinfticai Com^. 493 Jrticles of Agreement for a TroUors Clerh Articles of Agreement indented, made, had, concluded and agreed on Uie Day of in the Year of our Lord between K. K. one of the Pro- curators General of the Arches Court of Canterbury^ of the one Part, and y*. 2". of the Parifh of- in the County of Gentleman, and fT. fT. his Son, of the other Part follow, (to wit,) WHereas the faid 3". 71 by and with the Confent of T. 2l his Son afore- faid, hath put and placed him the faid y. T. his Son with the faid R. K. to ferve him as his Clerk from the faid — ■ Day of in the Year of our Lord ' for and during the full Term of feven Years, from thence fully to be compleated and ended: Now the faid R. R. for and in Confideration of the Sum of of good and lawful Money of Great Britain, in Hand paid by the faid T. ST. at or before the Enfealing and Delivery of thefe Pre- fents, (the Receipt whereof the faid R. R. doth hereby acknowledge) and for hioifelf, his Executors and Adminiftrators, doth co- venant and grant to and with the faid ^. y! his Executors and Adminiftrators, to take, and he the faid R. R. doth hereby take the faid I', 'T. to ferve him as his Clerk in the faid Arches Court of Canterhury'', and and all other Ecclefiafiical Courts in vvhicll he the faid R. R. doth or ihall Praclice in tor and during the Term or Space of feven Years, to commence from the Day of the Date of thefe Prel'ents, and him the faid fT. ^ to employ after fuch Cuftom and Manner as Clerks ferving Prodlors of the faid Courts are ufually employed, and will during the faid 1'erm teach and inftrucl: the faid fT. ^ in the ProfefHon of a Clerk in the Praclice of the faid Arches Court of Canterbury^ and fuch other Ecclefiaftical Courts of this Realm that the faid R. R. doth or (hall Praclice in, according to his bed Skill and Knowledge, and at the End of the faid Term, will to the utmoft of his Power endeavour to procure the faid ^. ST. to be admitted a Pro'-lor in the faid Courts, and during the faid Term of feven Years to find and provide for him the faid 1'. 2^. convenient and fufficient Meat, Drink and Lodging. Alfo the faid 'f. ST. doth covenant, pro* mife, grant and agree to and with the faid R. R. his Executors and Adminiftrators, by thefe Prefents, that the faid T, 1'. (hall and will well and truly ferve, continue and abide with him the fiid R. R. as his Clerk, in the Profeffion aforefaid, during the Term of feven Years, commencing from the Day of the Date of thefe Prefents as aforefaid, and fliall diligently obferve, perform and obey all his lawful Commands, and fhail not at any Time during the faid Term of feven Years, neither by Day or Night, abfent himfeif from the Service of the faid R. R. without the Licence, Leave I or in t|)C Ccclcfinftical Courts* 49 > or Confent of him the faid R. R. firft had and obtained, and (hall not wittingly or willingly, dire(5lly or indireclly do, or caufe to be done, any Damage or Prejudice to the faid R. R. but to the utmoll of his Power fiiall prevent the fame, and give Notice thereof forthwith to the faid R. R. and fliall fatisfy unto the faid R. R. all fuch Damages and Cofts as he the faid R. R. or his Clients fhall fuftain by the wilful Negli- gence of the faid ^. 'T. and fhall not ufe any unlawful Games, nor haunt or frequent any debauched Houfes or debauched Com- panies, nor advife or direct any Perfon or Perfons to apply to or make ufe of any other Prodor or Perfon than the faid R. R. for Difpatch of any Caufe, Bufinefs or Matters whatfoever, nor do any Bufinefs of Law of any Kind whatfoever for any other Perfon, nor Pra61ice for himfelf in the Name of the faid R. R. or otherwife, du- ring the faid Term, without the Licence, Leave and Confent of him the faid R. R. under his Hand firft had and obtained by the faid 7". fT. and the faid 't. 2". (hall not at any Time during the faid Term of feven Years purloin or wafte, mifpend or imbezil, detain or keep, any of the Monies, Goods or Chattels of the faid R. R. nor purloin, alter, deface or imbezil any of the Records or Writings with which he fhall be intrufted by the faid R. R. or any other Perfon or Perfons for him in any wife belonging or remaining in his Cuftody, or in any Re- giftry of any Court or Courts to which the faid R. R. doth belong, or hath any Rela- tion unto, or any Wills, Bills, Bonds or anv 4p6 Clje Clerlt'iG? JitftruSo? any Writings whatfoever, or any Sum or Sums of Money whatfoever which he flrall be by the faid R. K. intruded with, but fliail and will from Time to 1 ime, and at all Times during the faid Term of feven Years, be accountable for, and give true and juft Accounts -unto the faid jR.. R. his Execu- tors, Adminiftrators or Affigns, of fucli Monies, Records, Wills, Bills, Bonds, Deeds and other V\ ritings whatfoever which fhall be delivered to or received by the faid ST. 2^. from the faid R^K. or any other Per- fon whatfoever from him, or which re- niaineth, or Ihall remain any wife in the faid 2^ T^'s Cuftody or Poffefiion, and be- long to him the faid R. R. or any of his Friends, Acquaintance or Clients, or to any other Perfon whatfoever. In Hlt^iefs whereof the Parties abovenamed to thcfe prefent Articles of Agreement, their Hands and Seals interchangeably have fet the Day and Year firft above written. Signed, fealed and deli- vered (being firft duely ftamp'd) in the Pre- fence of us CHAP, fit tijc €cclcria(lical Coutt^. 497 CHAP. VI. Cafes relatiji^ to Wills, Inteftacies, Matrimojiial ContraBs, &c. with the Opiiiioiis of the inoft emi7ie7it Ci'vi- liaiis concerning the fame» The Cafe of Sir Robert A. ^art. a- gaijift H. and others concerning ci pretefzdcd WilL The Cafe. THAT Sir Thomas A. Grandfather to the faid Sir Kohert^ by his laft Will devifed and bequeathed to his Daughter C.'s Children, (to wit,) 'James, Alice and Anne C. very confiderable Legacies, by the Ma- nagement of which they became rich, and all of them died in confiderable Circum- ftances, and as Sir Robert's Grandfather was the Making and Rife of their Family, and they all dying without Iflue, it was but reasonable that Sir Robert as their neareft Relation, and likewife Heir at Law (had they died Inteltate) fhould expe61: to be provided for by the faid C. K k That 498 m)t €m^0 Jnfftugoi That the faid James, Alice and Amie C in their Life-times were very kind to the faid Sir Robert A. and the faid James C. being very fenfible that Sir Robert was then in low Circumftances (not occafioned by his own ill Condud or Mifmanagement, btrt purely by iMisfortunes and great Lofles that attended his Family) by his laft Will left the Sum of 600 /. towards Payment of the faid Sir Robert's Debts; and the faid Alice and Aiitie C. often declared in their Life-times, before credible VVitnefTes, that they would give all, or moft of what they had, to the f;iid Sir Robert. That the faid Alice and Amw C about twent)' Years fince hired one M. B. as a menial Servant, who for fometime behaved herfelf ;n her Service in a very fcandalous Manner, (which the faid Alice and Anne C. upon her Promife of Amendment were al- ways prevailed upon to excufe) and after Hie had b>een fometime in her faid Service, fhe pretended to be married to one Mr. P.H. a Periwig-maker, and foon after the faid pretended iVIarriage the faid P. H. took a Houfe in ■ Street, and over prevailed with the faid Alice and An7:e C. to leave the Houfe of ?vlr. T. an Apothecary, and go along with them to the fame, where they lived about five Years, and from thence went to — — Sreet, and took along with them the faid Alice and A^me C where they lived about fifteen Years, the faid M. B. otherwife H. ftiH continuing a Ser- vant in the faid Family, and in all her Ma- nagement very much impofed upon the faid Alice and Anne C. That fn tlje (Scclcfiaffical Cotitt0> ^99 That about two Years ago the faid y^lice C died fuddenly Inteftate, and notwith- ftanding the faid James C the Brother was living, and had by the Statute of Diftribu- tion an equal Right with his Sifter A'jine to the EfFeds and Affets of the faid Alice C. the faid M. B. otherwifc //. the better to cover her Defigns, and that fhe might have the whole EfFedls of the faid Alice and y^jme C. in her own Pofleflion, took Let- ters of Adminiftration for the faid /^m^e^ •without the Knowledge or Confent of the faid 'fames C to intitle her to the EfFe61:s of the faid ^licc. That the faid y^mie was always deemed a Woman of a very weak Judgment, and eafy to be impofed upon, and daring the Life-time of her Sifter y^lice left the fole Management of her Affairs to her, but fince her Death the faid M. B. otherwife H. to the great Detriment and Prejudice of the next of Kin and Heir at Law of the faid Anne C (had fne died Inteftate) fometime in the Year by her Art and Cunning prevailed upon the faid Anne C. to make a Will, whereby there was left to the faid Sir Robert A. the Sum of 200 /. and the like Sum to Mr. IF. C and the Reft, Re- fidue and Remainder of the faid Anne C's Eftate (amounting to near 3000/.) the faid Mary took Care to have left to herfelf, her Husband and Children. That the faid A^me C by reafon of her great Age, thereupon grew very weak and feeble, and impaired in her Senfes, the faid M. B. otherwife //. by her wicked Devices took Advantage of the fame, and on the Kk 2 8th 500 ^ m)t Clerk'0 3lnftiuS0| 8th Day of February in the Year — can- celled the Will beforementioned, and the faid ^;z;/5 C. lying then a dying, and not capable of doing any rational A61, the faid M. B. othcrwife H. brought her another Will to execute, which was accordingly done, but the very next Day, being the 9th Day of February in the Year the laid M.B. not thinking the Will of the 8th of February in the Year fufficient for her Purpole, that Will was alfo cancelled j and the faid M. B. otherwife H. ^^ys, that the faid ^inje C. tho' fhe lay a dying, and had neither Strength of Mind or Memory, executed another Will on the 9th Day of February aforefaid, in which Will fhe leaves Sir Robert A. only 50 /. and the Sum of 100/. to Mr. W. a all the Reft, Refidue and Remainder of the faid Afwe C.'s Eftate by the faid Will is left to the faid M. B. otherwife H. exclufive of her prefent Huf- band and his Children, as alfo of all future Husbands and their Children, and the whole is vefted in Truftees for the fole and feparate Ufe of the faid M. B. otherwife H. who has likewife appointed herfelf Execu- trix of the faid pretended W'ill. Note 5 This laft pretended Will is lodged in the Commons, but the faid Sir Robert A. having entered a Caveat, there is no Probate granted j the three fubfcribing Wit- ntfl'es to the Will have been cxamintd, and do pofitively depole that the faid Will was legally an^ duely executed in their Pre- fence, and that the Teftatrix Amic was in her SenftSj and in every refped capable of making in tfje €cclcnafi[ical Coiitt0> 501 making and executing the faid Will j the faid Witnefles have been alfo crofs ex- amined, and without any Variation depofc to the fame EfFed upon Interrogatories ; the Evidence of the fubfcribing Witneffes to the Will will be fupported by two other WitnefTes, (to wit,) one will depofe, that the Teftatrix y^nne C. was in her Senfes on the faid 8th of February, and the other will depofe, that fhe was in her Senfes on Monday the 9th of February aforefaid, when the laft pretended Will was made , but it is ftrongly alledged, that the fubfcribing Wit- nefTes have lived very bafe Lives, and bear a very vile Character. jfi ^ Whether common Fame, or any other Matter or Thing that can or may be alledged (excepting Matter of Record) will invalidate the Teftimony of the fubfcribing Witnefles to the faid pretended Will. yf. The Character of WitnefTes may be fo infamous by common Fame only, with- out Conviction of any infamous Crime, as to render their Teftimony of very little or no Weight. Note J That Sir Robert A. as next Heir at Law to the Teftatrix Anne C. refolves to litigate the faid pretended Will, and can produce one Evidence who was a Servant Maid to the faid Mrs. FL at the Time it is pretended the faid Will was executed, to wit, on Monday the 9th of February in the Year on which Day the faid Armc C. being childifh, very ill, weak, and nor in any refped; capable of helping herfelf, the Kk 3 faid / 502 Cfje ClerV0 Snflfnt?!0| faid Servant waited on and attended the faid Anne C. till 12 o'clock that Night, at ■which Time the faid Mrs. H. came home, having been abroad the whole Day ; when (he came to the faid Anne C's Bed-Cham- ber fhe ordered the Servant to go to Bed j the Servant will depofe that no Lawyer, nor any other Perfon whatfoever, brought any Will to the Houfe of Mrs. H. on Mon- day the 9th of February aforefaid, in order to be executed by the faid Anne C. and will likewife depofe, that neither the fubfcribing WitnefTes, nor any one of then), were in the faid Mrs. H.'s Houfe on the faid pch of February ; the faid Evidence will alfo de- pofe, that in cafe there had been a Will brought for the faid Anne C. to execute, that fhe had neither Strength of Mind or Memory capable of executing a Will, or of doing any rational A^ j Sir Robert A. has very ftrong Circumftanccs to fupport the Depofition of this Evidence. 2d ^ Whether one fingle Evidence with ftrong Circumftances will or can invalidate the pofitive Evidence of the three fub- fcribing WitnefTes. A. Cafes may happen where the Evi- dence of a fingle Perfon may be fo fup- ported by Circumftanccs, as to invalidate the Evidence of three fubfcribing Witnefles, and efpecially where their Characters are bad, and thofe who know them think them rot to be believed upon their Ouhs ^ but whether this is one of thofe Cafes, cannot be judged of without knowing what thofe ftrong m tic (BccUtMic^l €omt0. 503 ftrong Circumftances alledged are, and what are the Charailers of the Witnefles. Note i Some Offers have been made to Sir Robert A, in order to accommodate this Affair, and as the Expence will be very great in litigating this Will in Chancery, in the Commons, and in cafe of an Appeal to the Court or Delegates, Sir Robert A. ha- ving but one Evidence. 3^ ^ Whether it may not be more ad- vifable for Sr Robert A. to accept of Terms, than venture to run the Rifque of defeating the faid pretended Will. A. It feems to me advifable for Sir Robert A. to agree and end a Difpute of this Nature rather than to run the Rifque and engage in the Expence of a Suit • but as the Qucftion upon this muft neceffarily be, what are the Terms proper for him to accept, that muft again depend upon the Probability there may be of Succefs in Cafe he purfues his legal Remedy, which I am no Judge of, for the Reafons mentioned in the Anfwer to the laft ^itgre^ I cannot venture to advife Sir Robert any further as to thip ^icere. Kk 4 504 C6e Cletk'js Jnftcuao? A Cafe cc72cer7iing a Ntmcupatwe Will* ^he Cafe. WM. mentioning that he had an An- o nuity of lo/. a Year in the Ex- chequer, did by his Nuncupative Will on the Day of in the Year ■ in the Prefence of two WitneflTes only, give the faid Annuity to jR.. R. and then fpeaking to R. K. in the Prefence of the fame two WitneflTes, faid, I have a Bank Note of 20/. in your Aunt's Hands, which I give you for Mourning. K. K. after his Death puts herfelf in Mourning accordingly. ^ Will this be a good Nuncupative Will as to the Bank Note for 20 /. ^he Opinion. The Kdi againft Frauds and Perjuries di- refts, that no Nuncupative Will fhall be good where the Eftate thereby bequeathed fhall exceed the Value of 30/. that is not proved by the Oath of three WitneflTes ; and no fuch Will fhall be proved without Procefs to call the next of Kin, to the End that they may conteft it if they pleafe. See the Claiife. I am of Opinion, that the Bequefl of the Annuity of 10/. and the 20/. Bank Note are both under the fame Nuncupa-^ live Will, for the Deceafed on the — Day of fit t6e €cclefia(tica! Coiittic?. joj of gave the Annuity in the Pre- fence of two Witnefles, and then fpeaking before the fame Witnelfes, gave the Note of 20 /. which Annuity and Note being the Eftate bequeathed, and exceeding the Value of 30/. muft have three Witnefles to prove it j and altho' the 20 /. is given for Mourning, yet it not being delivered to her by the Deceafed in his Life-time, but bequeathed to her by Devife, the next of Kin may conteft it, for all belongs to them that is not legally bequeathed, and by this Nuncupative Will before two Witnefles only nothing can pafs. J Cnfe concerning a Will unexecuted^ the ^arty dyiiig fuddenly abroad^ jhppofed to he of the ^eceafed's Hand-writifig* ^be Cafe. TC. a Bachelor was Fador to the EaJI- • India Company, and died fuddenly at Carwan in the Eaji-Indies ; among his Papers was found a Writing purporting a Will, fuppofed to have been all his own Hand-writing; the Company have taken the EiFe<5ts of the faid I". C. into their Cuftody to fecure them for thofe that fhould make out any Title to them, and to pay the faid y. C^s Debts, as is ufual when any of the faid Company's Payors fhould happen to die in thofe Countries 3 the Father of the faid 5o5 €!je Cferr^ 3lnffniaai faid ^ C has taken out Adminiftration to ifi ^ Whether fuch Will can be proved in the Ecclefiaftical Court, in regard there was no. Body prefent when it was writ, and there can be no Proof of it but Similitude of Hands, and it appears to be only Part of a Will, and not an intire one, and was neither figned, fealed, atteiled or deli- vered. zd ^ If the Ecclefiaftical Court fhould proceed to prove the faid Will, vsrhether the Common Law Courts will not fend a Prohibition, becaufe there are no Executors named in it, and therefore to be taken as a Nuncupative Will, as in Cnrfon's Office of Executersy foL 3, 7, 8. and void by the Sta- tute of Frauds, being not proved by the Oaths of three WitnelTes that were prefent at the making thereof, nor in the laft Sick- nefs of the Teftator, &c. as is required by that Ad. 3^ ^ If the Eafl-hidia Company may not with Safety deliver the Effeds of the faid 2t C. to the Adminiftrator, tho* they have fuch Will or Writing in their Cu- ilody, and if they refufe to deliver them, what Method mull be taken to oblige them to do it. ^tb ^ Whether the Adminiftrator can difpofe of his Intereft in the Inteftate's Eftate in the Hands of the faid Company, until he can get it in his Pofteffion. Stb ^ Whether the Copy of the faid Will or Writing, as it is now produced ijpon fufficient Proofs that it is a true Copy from lit tlje €ccferia(!fci^l Courts* 507 from the Origin^', which is at prefenf at Camar^ will be ;iliowed to be proved in ihe Ecclefiaftical Court, ana made ufe of as an Original. ^be Opmio72. 1. I have confidered the Cafe above ftated, and am of Opinion that the Will may be proved in the Ecclefiaftical Court, upon pro^'er Evidence of its being all of the Deceaied's own Hand-writing, and being found after his Death among his Papers of Moment and Concern ; and altho' it be neither finifhed, figned, fealed, attefted nor delivered, yet that will be no Hindrance why it fliould not operate as a Teftanientary Schedule, in Relation to the Perfonal E- ftatc for carrying fuch Legacies as are there- in bequeathed. 2. The Ecclefiaftical Court being allowed to have the proper Cognizance of Wills, there is no Ground to fuppofe that the Courts of Common Law will prohibit the Ecclefiaftical Court to proceed in this Cafe, the W^ill in Queftion being a written WilJ, does not come under the (Qualifications which are prefcribed by the Stature of Frauds in Relation to Nuncupative Wills, 3. I am of Opinion, that whilft the Father of the Deceafed is in PofTeOion of an Adminiftration, he may warrantably c dl for the Effe6ls of the Deceased, and the Eaft-ludia Company may fafely deliver them ; he has a lawful Authority to bring his Adtion in the Courts of Common Law for the Recovery of them, 4. 1 Vo8 €{)e Cleclt'js Slnfiftttafo? 4. I am of Opinion, that the Admini- ftrator cannot aflign over his Intereft in the EfFeds belonging to the Inteftate*s E- ftate, which are in the Hands of the Com- pany, the fame being a Thing in Adion, snd uncertain what they amount to. 5. I am of Opinion, that the Copy of the faid Will being attefted only by private Perfons, is not fuch a Copy as ought to be propounded in the Ecclefiaftical Court, and that the Copy to be propounded there ought to be an authentick Copy under the publick Seal of the Government, or fome publick Magiftrate of the Place, J Cafe concernijig a Will imexecuted^ with 'Teftamentary Schedtiks, fthe Cafe. MA. (Wife of F. A. Efq;) having a o Power (as recited in a Will marked "H^ I.) on or about the Month of — in the Year gave Dire6lions and Inftrudions to IV. G. Efqi to make her W^ill, who pur- fuant thereto drew the faid Will, marked N° I. and fent the fame to her, together ■with a Letter marked N^ 2. Mrs. A. kept the fame by her unexe- cuted till — - being five Years, in which Space of Time her Daughter E. IV. (then the Wife of 2l IV. Efq^) died, whereupon fhe wrote a Letter N° 3. to Mr. B. an Attor- }iey at in the County of — and lent the fame to him with the faid Will Tiiarked N® s. Mr. in ttie Scclefiafticai Coutt?^. J09 Mr. B. according to the Directions in the faid Letter, marked N° 3. drew and wrote the Will marked N*^ 4. and carried the fame to the faid Mrs. yf. in order to execute it, but when he came he found her infenfible and incapable to execute it, and fo continued to the Time of her Death. ^ Whether the Letter N^ 3. with the other Circumftances abovefaid, will fupporc either, and which of the faid Wills, and what are the proper Steps to be taken ef- fedually to propound the fame. T'be OpinioJi. Where a Perfon defigning to make a Will gives Inftructions, which are reduced into Writing, but it is prevented by Death from executing it, the Inftrudions may be pronounced for, Execution or Signing not being neceflaryj and in the prefent Cafe I am of Opinion, that the Draught made by Mr. G. together with the Letter of In- ftrudions to Mr. B. may be propounded together, and fupported as Teftamentary Schedules, containing the laft Will of the Deceafed, for there is from N° 3. a Cer- tainty of Intention that the firft Draught Ihould ftand, excepting the Alterations as are therein directed. As the Draught made by Mr, B. has fome "Variation from thofe luftruiflions, not only as to the Payment of the Grandchildrens intended Legacies in Cafe of their Death to the Executors, fne had left of her Eflate (whereby it may be prefumed fhe intended the J 10 Cfje Cictfe'sJ 3fnfftuSo? the Truftees in her Will) which is imma- terial, (he dying without the Blanks being filled up i but likewife as to the 50 /. per ylnn. in Lieu of Intereft of the Legacies given to her Children Charles and Charlotte-^ which in the Draught is made to Charlotte only, whereas by the former it was to each of her Children till their feveral Shares be- came payable, which never having been read over to or approved of by her, it may not be fo fecure to proceed upon. The Fails relating to the Will may be pleaded in the Manner here fet forth in the Cafe, or if the Husband be confenting to take Adminiftration therewith, it may be granted to him in common Form, upon Af- fidavits made by Mr. G. arid Mr. B. if they are acquainted with her Hand, otherwife there muft be tv/o others to prove that N° 3. is her Hand-writing; if the Huf- band is unwilling, the Brother may call him to fee the Will proved by WitneflTes, and to accept or refufe Adminiftration with the Will or Teftamentary Schedule annexed. in tSe €ctlefiaf!ical Courts. 511 J Cafe ^vhereifi a T'efiator dcvifes a Legacy to two of his Grafidchildreri when three z'oere Ihing, ^he Cafe. TP. the Eider of In the County « of Yeoman, deceafed, in and by his laft Will and Teftament, bearing Date the Day of in the Year— = — did give and bequeath unto two of the Sons of ST. B. the Sum of 30/. a-piece in the fol- lowing Words : Itcfn^ I give unto T, BJ's two Sons the Sum of 30/. a-piece of like lawful Money. The faid 9^ B. who married the Daugh- ter of the faid Teftator, had at the Time of making the faid W^il three Sons, Grand- fons of the faid Deceafed, who are all now living, and well known and equally refpect- ed by the faid Teftator. y. p. the Son of the faid Deceafed, and fole Executor named in the faid Will, hath proved the laid Will, and polTefTed himfeif of the Goods, ^c. of the faid Deceafed, which are fufficient to pay his Debts and Legacies, but being doubtful to which of the two Sons of the faid ^ B. the faid Le- gacies given as aforefaid were due, hath de* laycd Payment thereof, fo that the faid ^. B. being ele6led and afligued Guardian to 7". B. his eldeft Son a Minor above four- teen, but under Twenty-one Years of Age, and afiRgned Guardian to J. B. his fecond Son Son under fourteen Years of Age, hath at the fame Time brought two different Ac- tions againft the faid Executor for the faid Legacies, one as Guardian to ^. B. and the other as Guardian of J. B. ^ Is the Executor liable to the Payment of the faid Legacies to the faid ST. B. the Father for the Ufe of his two eldeft Sons, "with Cofts of Suit in the two Caufes, or either, and which of them j or are the faid Legacies due to all or any of the Sons of the faid 1". B. or which of them ; if the Executor is not liable to the Payment as a- forefaid, what Anfwer muft be put in to the Libels given in and admitted againft him. ^. Unlefs one of the Sons was born after making the Will, or fome other Circum- ftance may appear whereby it can be fhewn, that the Teftator meant the two eldeft Sons, the Legacy will be void for Uncertainty, otherwife it muft be paid to them , but as they are Minors, upon paying the Money into Court the Executor will not be liable to Cofts. ^be Opinion. If there be no fuch Circumftance, the Executor may give a Negative Iflue, and plead to each Libel afterwards, that the laid 'T. B. had, at the Time of making the Will, and at the Death of the Teftator, two other Sons, which will in each Caufe be fufficient to excufe him. in t!jc eccieaam'cai Courts* 513 j4 Cafe concerjtwg a T)emfe to a Mt- 72or^ as alfo the 'Diftrihutio?i of his Eftate mth that of the Mother s^^ both dyiJig^ ivhether to the eldeft Sou as joi72t Aduiinifirator with her to her younger Son^^ or whether to her Executor. M •R. fZ". R. (the Father) by his Will _ ^ devifes (jnter alia) to one of his younger Sons 200 /. and dire6ls that the In- tereft Ihall be for his Maintenance till he attains the Age of Twenty-one, makes his Wife fole Executrix, and foon after dies, he furviving, but died in his Minority. ^ Whether this 200 /. fhall be confider- cd as a lapfed Legacy, and to attend the Refiduary Difpofition, or whether it fo vefts in the Son as to be liable to a Diftri- bution. A. I am of Opinion that fuch Legacy is immediately veiled in the Son, and is by his Death to be diftributed according to the Statute. Mr. ?*. R. the Son dies Inteftate, poflelT- ed of a confiderable Perfonal Eftate, and his Mother, with R. R. his Elder Brother, take out Letters of Adminiftration. Before Diftribution, or any Severance of the Eftate, the Mother dies, and makes her Eldeft Son, who adminiftred with her, J^xecutor. 514 Clje ClecV^ JnltaiSo? ^ Whether the diftributive Share of the Mother Ihall furvive to the joint Ad- miniftrator, or be confidered as the Mo- ther's difl:in6l and proper Eftate. A. The furviving Adminiftrator is not as fuch intitlcd to the Share of the Mother, if it fliall not furvive» ^ Will R. R. the Mother's Executor (under the Delcription of Executor) be- come intitled to that Diftriburive Share, or is it neceffary that he Ihould adminifter Le lonls non ? A. The Share of the Mother will go to- gether with the Refidue of her Eftate to the Executor, unlefs there can be fome good Caufe (hewn, that the Teftatrix in- tended it fhould not. A Cafe ivhereiii the Iiitefiate in his Life-time adca/iced fome of his Ne- phews and Nieces^ ivhether fuch Sitws ad'vnjzced fjjall he deduced out of their diftrihuti've Share. ^be Cafe. THE Inteftate In his Life-time ad- vanced fome of his Nephews and Nieces, who, as the Reprefentatives of their Deccafed Parent, are intitled in the Diftribution. ^ in tl)t eaUiMiCid Coiictjof* 515 ^ Whether the Statute extends to the Nephews and Nieces, fo as to dedud from their diflributive Share the Sums advanced by the Inteftate in his Life-time, fo as to reduce all the Parties concerned in the Di- ftribution to an Equality. T'ije Opinion. i am of Opinion, that the Statute does not extend to the next of Kin, but the Refidue of the Deceafed's Eftate will be equally divided among them, not reckoning what he had given to any of them in his Life-time. J Cafe on the Grant of an Admini^ ftration, JL. Efq; died Inteftate, leaving E. L. • his only Brother and next of Kin. E. L. poflfeflTed his Eftate, but took no Adminiftration, and died, having made his Will, and four Executors in Truft for A. M. his Infant Daughter, who is next of Kin to J. L. ^ Whether the Adminiftration to J. L. will be granted to the Executors of E. L. A- If E. L. was the only Perfon intitlgd to the Perfonal Eftate of J. L. and fubjed to no Diftribution, then the Executors of the Will of E. L. may have the Admini- ftration. LI 2; A 5i6 m}t €Utk'f^ 3!nf!tuao| J Cafe on retraUif!g a 'Re72unciation of Letters of Jdmifiiflration. TC. died Inteftate. Letters of Admi- • niftration were granted to S. C. his Widow in in the Year ■ S. C. died, and left fome of the Goods of I", unadminiftred. In in the Year ' Letters of Adminiftration de bonis noTJ, ^c. of ^. were granted to E. H. as Guardian to ^. and J. C. Minors, the Children. E. H. died and left the Eftate unadmini- ftred. In in the Year Letters of Adminiftration de boms, Sc. of 2^ tatn quam^ Sc. were granted to B. R. as Guar- dian to T^, and J. the Minors. Note ; Here S. C. a Daughter of the De- ceafed, being of Age, came and renoun- ced her Right to the faid Letters of Ad- miniftration. Upon the of in the Year the faid S. C. being now the Wife of D. J. who is an Infolvent Perfon living in the Mf2t in Soutbzvark, appeared before one of the Surrogates to the Judge of the Pre- rogative Court, ailedged that the Admini- ftration granted to B. R. was expired by reafon of the Death of J. C. and the full Age of T*. the two Minors aforefaid j and prayed that flie might be admitted to re- trad her Renunciation made by her at the Time of granting the Adminiftration as a- forefaid to B. R. and that Letters of Ad- mini- fit tlje €cclefi[af!fcal Couttjef. 517 miniftration de bonis uoji, ^c. of her Father T. C might be granted to her. The faid S. C. otherwife J. was admitted to retra(5t her Renunciation, and Letters of Admin iftration de bonis non^ ^c» of her Father ST*, were gi anted to her. ^ Could the faid iS". J. otherwife C re- trad her faid Renunciation, and is the Ad- miniftration de bonis non^ Sc of her Father y! regularly granted to her, (he having once renounced the fame. ^be Opinion. I am of Opinion, that upon S. the Daughter's Renunciation, the Adminiftra- tion was well granted to the Minors who took it by their Guardian, that fuch Grant before any Renunciation by S. Re integra fixes the Adminiftration in the Brothers exclufivc of heri that fuch Adminiftration only expiring by the Majority of y! (y. being dead) the Right under the firft Grant ftill continues tho* the Guardianfliip ceafes -, and that 1". being now of full Age may take it again in his own Name, it being but a Continuance of the firft Grant as to Matter of Form, it not being a Grant de novo of a Right to let in .5*. to retrad and pray fuch Adminiftration. ^. Will the faid Adminiftration granted to S. J. be revoked and granted to 3*. C. now being of Age (for whofe Ufe and Be- nefit B. R. had it) upon his praying the fame, or whether may it not be revoked at L 1 3 the 5iS CfjC Clerlt'0 Snffrimci? the Inflance of an Attorney fpecially ap- pointed by the faid 3^ who is now at ? A. I am of Opinion, that I', may by an Attorney fpecial call S. to fee fuch Admini- ftration revoked and granted to him pur- suant to fuch his former Right. J Cafe on a ContraU of Marriage, ^be Cafe. AB. fingle Woman, "aged nineteen and • upwards, without Confent of Friends enters into an abfolute Contra6l de pvcffenti jof Marriage with C. D. after fuch Contract A. B. de fatlo adually marries E. F. ifl ^ Is it in the Power of C Z). to give A. B. fuch a Releafe as will make her Marriage with E. F. legal and valid ? 2.4 ^ If fuch a Releafe may by Law be given by C. D. would it not be proper for \.4. B. and E. F. to folemnize Matrimony over again ? ^(? firfl Opinion. I. A Contract de pr^fenti is a real Mar- riage, and only wants the outward Form and Ceremony ; and it is not in the Power of the contrading Parties to releafe one another from fuch Contra6l. I don't think fhe Woman's being a Minor, and her en- tering into this Contrail, will much vary jthe Cafe, for Ihe was of fufficient Age to .contrad Matritpony ^ and altho' ihe ought in lije eaUtmical Couctcf* 519 not to have enter'd into fuch a Contradl without the Confent of her Parents or G-uardians, yet the Want of fuch Confent does not deftroy the Contrail:, no more than it would dtftroy a Marriage folemnized in the Face of the Church, 2. As no fuch Releafe can by Law be given by C. D. it would be to no Purpofe for yf, B. and E. F. to folemnize Matri- mony over again, for the Contradt, which cannot be releafed, remains ftili a Bar to any fubfequent Marriage. T'be fecond Opinion. By the Canon Law, as it is received in England^ and become Part of the Laws of the Realm, a Contrail in Words of the prefent Time ferioufly and folemnly made, is in Truth and Subftance Matrimony in- diffoluble. It has been the general Opinion of learned Divines and Lawyers, that tho' there fiiould be no Evidence, according to the Rules of the Law, of fuch Efpoufals, the Parties liaving really, tho' fccretly con- tracted themfelves, yet they are thereby become fo fir Man and Wife before God, that neither can, with a fafe and good Con- fcience, marry elfewhere fo long as the other Party liveth. Upon the whole Cafe therefore I am of Opinion, that A. B. aged nineteen, by entring into an abfolute Con- trail of the prefent Time with C D. may be compelled by Ecclefiaftical Ccnfures to folemnize a Marriage with him in the Face of the Church; and that the Marriage with B' R will (upon proper Proofs of the a- J-. 1 4 bove {on whom J. B. after- wards mai' ried, $2© €8e Clcrk'si Slnffcuao? bove ftared Contradl) be adjudged null and void in Law. SThe Opinion of the Courts delivered hy the Judge thereof before whom the faid Caufe was determined, runs thus : THAT there was no Room to fufpe(5^ any Collufion between y^. B. or E. R a) The Per- (^) and C D- that y/. B.'s Letters were wrote before her Marriage j that C. D. was not to blame, for fhe would have it fo ; that had fhe not been married, the Cafe would have been otherwife ; that there was nothing in Difference oir' Age or Fortune j and that a Contra6t of the prefent Time is indiflbluble. But then that the Contrad was a fecret one , that the Law was un- favourable to fecret Contrads ^ that by the 105th Canon, the fole Confeflion of Par- ties is not fufficient to fet afide a fecond Marriage ; that C D. had prayed his fup- pletory Oath ; that yf, B. had not made a full Confeffion of the Co:nra6]: ; that if fhc had, the Proof which the Law requires to be fufficient would not have beeu fo, tho* he had been allowed his fuppletory Oath, becaufe it would have refted folely upon the Confeflion of the Parties j that he did not defign to marry her till fhe fhould be of Age ; that neither of them knew the Strength of their Contrad in Law when they entered in it ; and therefore let E. K (I)) Sse the" be put to no further Trouble (Z'), whole Trial Sit large in a Book intitled, T^e ContraSi inolated, or the Hajiy Marriage ', written by J, GoqU^ M. A. arid fold by J. WHprdy Price zi. 6 d. fit t!)c Ccclefiaftical Courts* 521 A Cafe concerning an Incejltious Mar- riage. ^e Cafe. SIR L. U^.C. marries with Mrs. A. P, Sifter to the Lady H. M. Lady A. C. dies. Sir L. IV. C. afterwards marries with Mrs. P. M. Daughter of Lady H. M. being his Wife's Sifter's Daughter. ^. Whether the Marriage be an Inceftu- ous Marriage ? 9['he frji Opinion. I am of Opinion, that all Marriages con- tra(5led between Perfons related by Con- fanguinity or Affinity within the prohibited Degrees are Inceftuous, and upon Profecu- tion in the Ecclefiaftical Court will be de- clared void J and that this Marriage of Sir L. IV. C. with Mrs. Mh Niece, vi%. Sifter's Daughter of his former Lady, is within the Degrees fo prohibited. ^he fecond Opinion. I am of Opinion that the Marriage is Inceftuous j this Degree is exprefly men- tioned in Archbifhop Parker^ 'Table, Anno Domini 1563. which is confirmed by the 99th Canon in the Year 1603. and in the Cafe of Man^ cited by my Lord Vaughan in 52 2 '^i)t €k^k'0 3mnmi in his Reports, H/ll and Good, where a Pro- hibition was granted as to this very De- gree, as not within the Levitical Law, a Confultation was granted. ^ Upon a Profecution will the faid Mar- riage be declared void? By the aforefaid Canon 99, fuch Mar- riage is adjudged inceftuous and unlawful, and muft be diffolved as void from the be- ginning; and the Parties fo married muft by Courfe of Law be feparated. J Cnfe of ^ajiardj'. jfi ^ TXTHether the Church-wardens be VV obliged to prefent upon the Oath of the Mother only ? 2.d ^ Whether any other Parifhioner can prefent the Church-warden for Negle6t of Duty if he omit to prefent ? 3^^ Whether if the Church-wardens (hould prefent, will the Mother's Oath a- lone be admitted in Court for full Proof of the Fadt, as no criminal Correfpondence or Converfation can any ways be proved ? ^tb ^ If the Mother's fingle Oath be admitted, what Method will be beft to proceed ? ij} A. The Church-wardens are obliged to prefent upon the Oath of the Mother, that is common Fame. 2i A. If the Church-wardens do negleA their Duty in not prefenting, any other Pa- in tlje Ccclcriamcal Couitjj. 513 Parifhioner may prefent fuch Church- war- dens for Omiflion of their Duty. 3i A. If no criminal Correfpondence or Converfation can any ways be proved, the Oath of the Mother alone muft be left to the Determination of the Judge, whether her Oath will be admitted as full Proof of the Fad:. Ofth A. This depends upon the Admifflon of the Oath of the Mother, which I can- not determine. A Cafe concerning a Trefcriptwe Right to a ^Pew in the Church* ^he Cafe. AB. of being feifed in Fee of • a Houfe in to which a fmall fingle Pew in the Church did for Time out of Mind belong, which Few was peaceably and quietly enjoyed by the faid A. B. who as often as there was Occafion did repair the fame at his own proper Cofts and Charges. C. D. of the faid Town of did fit in a little Pew which would hold two Perfonsj joining to the one End of A, B's Pew. About Twenty-four Years ago A. B. with the Confent of C D. and the then Church-wardens, did take down the Parti- tion which divided the two Pews, and thereby the little Pew which C. D. fat in was addfd to A. B.'s Pew. As 5'24 '^8^ €itth'0 3!n(!t:u50| As long as yf. B. lived afterwards he quietly and peaceably enjoyed the whole Pew, as well his own Part as that which was added to it, and did as often as occa- fion repair the fame at his own proper Cofts and Charges. The faid Houfe in — upon the Death of the faid y^. B. with all its Appurtenances, did defcend to his Grandfon E. F. of who did for many Years, as being Owner of the faid Houfe, peaceably and quietly enjoy the faid Pew, conftantly fat therein, and as often as occafion repaired the fame at his own proper Cofts and Charges. E. F. did on or about the ■ Day of in the Year for a valuable Confideration, convey the faid Houfe and all his Eftate, Right, Title and Property belonging to the fame, or in any wife ap- pertaining, or therewith ufed, occupied and enjoyed to G. H. of The faid G. H. does now claim the faid Pew as belonging to his Houfe, which he purchafed of E. F. ^he Opimoji. ^ Has G. H. a Right to the whole Pew, or to any, and what Part of it ? y^. I apprehend G. H. by a Prefcriptivc Right, can only be intitled to that Part of the Pew which was enjoyed by ^. B. be- fore C D.*s Pew was laid to it, and which before that was Time out of Mind enjoyed by A. B. and thofe under whom he claim- ed, as belonging to the Houfe, and was re- paired by them. fn tSe dcclefiaifical Courts* 525 ^ Did Mr. A, B. deftroy the Prefcrip- tive Right to his own Pew by adding the little Pew to it wherein C. D. fat, or has G. H. a good Right to fo much of the pre- fent Pew which did antiently belong to his Houfe ? A. I don't fee that the Prefcriptive Right is deftroyed by adding the other to it, if the Limits and exa61 Bounds of the firft can now be afcertained in the fame Man- ner it was enjoyed before the Addition; and therefore I think, in order to continue the Prefcriptive Right clear, it will be beft to put up the Partition again in the fame Manner it was at firft ; and if G. H. wants the other, to get a Faculty for it, or a Title to it, under thofe who have a Right to difpofe of Places in that Church. j4 Cafe relating to the auditiftg and fajfwg CJmrch-trardens Jccoimts, ^he Cafe, 'npHE late Church- wardens of JL in — *— have given up their Accounts to the Perfons w'.o by the Parifli at a pub- lick Parifh Meeting were chofe to audit the fame ; and the faid Accounts in the pub- lick Veftry were by them audited and al- lowed according to the antient and ufual Cuftom , and the Parilhioners have fince at a publick Paiilh Meeting made an order to a in- 52^ Cfjc CIci-k'd JnffrirSoi indemnify the Wardens from any further Trouble they may be at on that Account. Two of the Parifhioners who paid Levies before the ufual Time of pafling their Ac- counts, (which was as foon as the new Wardens were fworn in) cited the Wardens to account at • upon Oath, to which Citation they have appeared, and craved a Time to exhibit their Accounts. ^ Whether the Court of — has a . Power to oblige the late Wardens to ac- count there, they having already accounted with the Parifh ? This Oueftion is at prefent depending in the Court of Exchequer ; upon a Prohibi- tion the Judges of that Court feem to be of Opinion, that the Ordinary has no Power to call for the Church- wardens Accounts after they have been pafTed by the Parifh, tho' the Determinations in our Courts have been, that the Ordinary is not excluded thereby, but may notwithftanding they have been pafs'd require them to be exhi- bited upon Oath before him. In the pre- fent Cafe, as far as relates to our Courts, the Church-wardens have, I conceive, bound themfelves by praying a Time to exhibit them; fo that if they (hould be pro- ceeded againft for Contempt, they could cxpedl no Rcdrefs upon an Appeal. ^ If the Court of has no fuch Power, what Allegation will be proper to mak s upon the Day afiigned to exhibit the Accosants. in t!)e Ccclefiam'cal Coutt^. 527 ^hc firft Opinion. If they are -willing to try this Point, they muft alledge, that a Veftry was duely fummohed, and their Accounts audited and fettled by a Majority of the Parifhioners aflfembled, fctting forth the Time and Or- der of Veftry, and pray to be difiiiided. To this Allegation they muft have the An- fwers of the adverfe Party, and if denied, proceed to Proof; tho' the fecurcft Way, and the leaft Trouble, I conceive, would be to give in an Affidavit, fetting forth that their Accounts were pafsM in Veftry, and to annex a Copy of the Account as it was pafs*d, as it appears in the Veftry Book, and to pray to be difmifs'd. If the Court ftiould permit the others to give Exceptions to the Accounts, it would be a good Ground for an Appeal. ^he fecond Opinion. If at the firft Appearance to the Citation they had alledged, that their Accounts had been regularly pafs'd in publick Veftry be- fore they were ferved with the Citation, I conceive the Court of could not have obliged them to account there again, for fo the Law Is now generally received in the Courts of Jufticej but fincc upon their Ap- pearance they craved a Time to exhibit their Accounts, I think they have thereby fo far fubmitted themfelves to the Jurif- didion of the Court, that they ought to exhibit their Accounts there. When 528 Clje Cleclt'0 3In(!aiaoi, &c. When they do exhibit their Accounts into the Court of in Compliance with what they have undertaken to do, they muft aliedge at the fame Time, that their Accounts have been audited and allowed in a publick Veftry of the Parifh, and they ought to annex thereto an authentick Copy of the Order of Veftry, by which their Ac- counts were allowed, that the Court may have fome Proof of what is alledged ; and this being done, they may infift upon their being difmifled from any further Vexation from particular Parifhioners, their Accounts having been approved by the whole Body of the Parifli duly aflembled in Veftry. THE THE BSOLUTION from an Excom- munication for not appearing to a Procefs, Page 45 and 211 A61: of Court on Return of a Procefs, and giving a Libel in a Defamation Caufe, 15 Ad of Court for an Excommunication upon Non-appearance to a Procefs, 36 and 204, A'it of Court on abfolving a Perfon excom- municated for Contumacy in not appear- ing to a Procefs, confelTing a Libel and injoining Penance. 43 A6t of Court on elefting and afiigning a Guardian to receive a Legacy, 104 Ad of Court on objeding to fome Parti- culars omitted in an Inventory, and pray- ing a further Inventory, 107 Ad: of Court on electing and afiigning a Guardian to cite the Executors of a Will to accept or refufe the Execution thereof, to exhibit an Inventory upon Oath, and to fue for Legacies for Minors, 1 1 1 M m A(ft 7'be "TJ^BLE. A&: c( Court on exhibiting an Affidavit of all Scripts and Scrolls on the Admiffion of an Allegation, praying a Decree for Anfwers, and a Compulfory againft Wit- neiTes, Pdge 113 Ad of Court for an Inhibition and Moni- tion, 115 Ad: of Court on warning a Caveat againft proving a Will, and praying a Conimif- fion of Appraiiement, 126 A(^l: of Court for a CommifTion to fwear an Executor, 129 Ad; of Court upon an Executor's Perfonal Renunciation of the Execution of a Will, 131 A61 of Court upon exhibiting a Proxy of Renunciation of an Executorfnip, 133 Ad of Court upon granting a Monition a- gainft the Regifter of an inferior Jurif- didion to tranfmit an Original Will, the fame being, erroneoully proved therein, in order to prove it in the fuperior Court in common Form. 135 Ad of Court upon eleding and afligning a Guardian, by the Office of the Judge, to an Infant Executor ; as alfo of granting Letters of Adminiftration, with the Will annexed, for the Ufe of the Infant to the faid Guardian, and granting a Moni- tion ag.Tinil; the Regifter of an inferior Jurifdidion for the Tranfmiflion of the Original Will ; and alfo for a Commif- fion to fwear the Adniiniflrator, 138 Ad on producing a Witnefs out of Court, 19S Ad of Court upon the Grant of Admini- ftration to the Widow, 230 Adt The T: A B L E. Kdi of Court on the Widow's renouncing Letters of Adminiftration, Page -^i Att of Court on exhibiting a Proxy of Re- nunciation, and praying the fame to be admitted, . 23^ Ad of Court for a Commifhon to fwear a Widow Adminiftratrix, 2^5 A(5l of Court upon appointing a Guardian chofen by Proxy, in order to take out a Decree to cite an Adminiftratrix to ex- hibit an Inventory upon Oath, as alio to give better Security for htr Adminiftra- tion, otherwife to fliew Caufe ■^'hy the fame ought not to be revoked and grant- ed anew to the faid Guardian for the Ufe of a Minor the next of Kin, 241 A('-t of Court upon a Creditor's voluntarily brin-zinn; into Court Letters of Admini- ftration, and declaring the Lime null and void, and likewife choofing and affigning a Guardian, as alfo granting Adminiftra- t:on anew to the faid Guardian for the Ufe of Minors, 247 Adl of Court up^n granting an Adminiftra- tion where a Volimtatem of the Judge was appointed to hear and determine the Right and Title thereto, between the Crown and the next of Kin of the De- ceafed, 255 Af\ of Court on renouncing by Proxy Ad- miniftration of Goods left unadminiftred by the Deceafed's Widow and Daughter, made by two of the Grandchildren and next of Kin, as alfo on choofing and afligning a Guardian, Acceptation of the faid Guardianfhip, and renouncing as Guardian the faid Adminiftration for M m z another I'ke T J S L E. another Granchild a Minor, as alfo on granting the laid Adminiftration to the Executor of the Deceafed's Widow, Pdge 265 Ad: of Court upon the Widow's Renuncia- tion, as alio upon her being chofen and afligned Guardian to her Children, both Minors and Infants, by Proxies, renoun- cing Letters of Adminiftration thereby as Guardian to her faid Children, and granting the fame to a Creditor, as alfo for a Commiffion to fwear him Admini- ftrator, 269 A6i; of Court on the Admiflion of an Al- legation, praying a Decree for Anfwers, and an Adminiftration, pending Suit, 277 A(5t of Court upon exhibiting Letters of Requeft from an Archbifhop, and grant- ing a Decree for Perfonal Anfwers there- upon, s8i AS: of Court for a Decree for a limited Adminiftration De bo?2is non^ ^c. to fub- ftantiate Proceedings in the High Court of Chancery, 291 Ad: of Court upon the Admiflion of an A1-. legation granting a Decree for Anfwers ^ as alfo on Produdion of Witnefles and an Interpreter, 363 Ati of Court for a Decree to fliew Caufe why a Faculty lliould not be granted for appropriating certain Pews to the abfo- lute Ufe of a certain Family, 407 Ad; of Court for a Decree for the Grant of a Faculty for enlarging a Church, and building a Gallery for the Ufe of a Fa- mily, 413 Aa The I'JBLE. A6t of Court for a Decree for a Faculty to pull down an old Alms-houfe and build a Work-houfe, Page 420 Act of Court, contefting for a Licence to be Mafter of a Free-School, 435 Adt of Court for a Decree againft certain pretended Preachers in a Chapel, and alfo againft one of the pretended Tru- ftees thereof, to render an Account of the Monies received at the Celebration of the Lord's Supper, 444"" K&, on appointing a CommifTary and Se- queflrator General, 486 A6t of Guardianfhip for a Minor to obtain a Matrimonial Licence, 307 Ad: of Guardianfhip to cite a Nobleman in a Caufe of Rcftitution of conjugal Rites, 322 Adminiftration, a Cafe relating to the Grant thereof, 515 Adminiftration, a Cafe relating to the Re- tra6lation of a Renunciation of Letters thereof, 516 Adhefion to an Appeal from Part of the Judge's Interlocutory Decree in not gi- ving Cofts of Suit, 150 Affidavit concerning a Witnefs being a- broad, 23 Affidavit concerning Inftru61:ions taken for a Will in order to fupport the Draught thereof made therefrom, the Deceafed dying before he executed the fame, $$ Affidavit of a Creditor to prove his Debt, 69 Affidavit touching all Scripts and Scrolls, 70 M m 3 Affi- "The J'JBLE, Affidavit on the Delivery of an Original Will out of the Regiftry upon Bond, Page 71 Affidavit touching Obliterations, Interlinea- tions and Poftfcripts in a Will and Co- dicil, 73 Affidavit in order to have an Original Will out of the Office, to be attended with at the Affiles, 75 Affidavit of an Adminiftratrix fetting forth the finding of a I'eftamentary Schedule, and cancelling Part thereof i and alfo of all Scripts and Scrolls, 76 Affidavit of a Legatee to leid the Grant of a Decree againft the Poffeflbr of an Ori- ginal Will, in order to cite hirn to bring in and leave the fame in the Regiftry, 80 Affidavit of a Perfon cited as the fuppofed PofitlTor of an Original Will, to bring in and leave the fame in the Regiftry, 81 Affidavit of an Executor, fetting forth how far he had acled as fuch, and Renoun- cing the Execution of a Will after he hjd proved the fame. 83 Affidavit fixing the Identity of a Perfon, a Miftake being made of the Chrifrian Namt; of the Executrix in the Original Will, 85 Affidavit of Commiffioners in a Commif- fion of Appraiftnient, alledging one of the Parties ferved with a Monition to have abfconded, 289 Affidavit for a Decree to be executed on the Royal Excha7ige^ to cite a Perfon abroad to accept or lefufe an Admini- {Iration, "The 1 A "B L B. ftration, in order to fubflantiare Pro- ceedings in the Court of Exchequer, IPt^ge 300 Affirmation of a Quaker an Executrix, 58 Affirmation of a Quaker an Adminiftratrix, 228 Anfwers joint and feveral of the Executors of a Will propounded in a Condidit, Te- ftator dying before Execution, 89 Anfwers Perfonai made to the Pofitions or Articles of a Libel and Exhibits there- unto annexed, given in and admitted in a Caufe of Inced, 349 Appeal from an inferior to a fuperior Court upon the Admiffion of an Allegation, 141 Appeal and Adjuncts a Commiffion of, 146 Articles promoted againfl: a Perfon for quarrelling and fighting in a Church, 447 Articles promoted a^i^ainft a Clergyman for not permitting the Church-wardens to repair the Church, 451 Articles promoted againft a Clergyman for Fornication and other Enormities, 464 Articles of Agreement for a Prodor's Clerk, 493 Affignment of a Legacy with a Letter of Attorney to receive the fame, 157 B B, ASTARDY, a Cafe relating thereto, 522 M m 4 C. Il^e T J ^ L E. C. CASE concer/jing a pretended Will, Page 497 Cafe concerning a Nuncupative Will, 504 Cafe concerning a Will unexecuted, the Party dying fuddenly abroad, luppofed to be of the Deceafed's Hand-writing, 505 Cafe concerning a Will unexecuted, with Teftamentary Schedules, 508 Cafe wherein the Teftator devifes a Legacy to two of his Grandchildren when three were living, 511 Cafe concerning a Devife to a Minor, as alfo of the Diftribution of his Eftate with that of the Minor's, both dying ; whe- ther to the elder Son as joint Admini- llrator with her to her younger Son, or whether to her Executor. 513 Cafe wherein the Inteftate in his Life-time advanced fome of his Nephews and Nieces, whether fuch Sums advanced ihall be deduded out of their diftribu- tive Share, 514 Cafe on the Grant of Letters of Admini- ftration, 515 Cafe on retracing Renunciation of Admi- niftration, 516 Cafe relating to a Contracl of Marriage, 518 Cafe concerning an inceftuous Marriage, 521 Cafe of Baftardy, 522 Cafe lloe T'JBLE. Cafe relating to a Prefcriptive Right to a Pew in a Cliurch, Page 523 Cafe relating to the auditing and palling Church-wardens Accounts, 525 Certificate to the Archbifhop of Ireland concerning the Execution of a Commif- fion from thence to fwear an Executor in Belgian d^ 154 Certificate from the Archbifliop of Ireland concerning the Execution of a Commif- fion to fwear an Executor there, 155 Certificate to flop the Payment of a Ship to a pretended Adminiftrator, 238 Certificate on executing Letters of Requeft from an Archbifhop for taking of Per- fonal Anfwers, 286 Certificate to the Archbifhop of Tork upon the Execution of Letters of Requeft from thence to fwear an Adminiftrator in an- other Diocefe, 2S7 Certificate on the Return of a Commifiion for Examination of VVitneifes, 388 Certificate for enlarging a Church, and building a Gallery for the Ufe of a Fa- mily, 412 Certificate of the Service of a Warrant from the Admiralty to arreft a Ship, 488 Certificate to the Archbifliop of Canterbury to be admitted a Pro6lor in the Arches Court, 491 Church, a Cafe relating to the Prefcriptive Right to a Pew therein, 523 Church-wardens, a Cafe relating to the auditing and pafling their Accounts, 525 Citation, 10 Citation by Ways and Means, 12 Citation V^e T J ^ L E. Citation for an Executor to bring in the Probate of a Will to prove the fame by WitnefTes, and aUb to exhibit an Inven- tory upon Oath, Page I DO Citation againft an Adminiftratrix to exhibit an Inventory and Account, and to fee Portions allotted, and a Diftribution made according to A61: of Parliament, 239 Citation by Ways and Means, and by Vir- tue of Letters of Requeft, for a Noble- man to appear in a Caufe of Contrad of Marriage, 311 CommifTion of Appeal and AdjuncSls, 146 Compulfory againft Witnefles, 24 Compulfory againft Witnefles by Letters of Requeft, 25 Condidit propounding a Will, the Teftator dying before Execution, 86 Condidit propounding a Will, 95 Condidit propounding a Nuncupative Will, 98 Contra(5t of Marriage, 308 Contract of Marriage, a Cafe concerning one, 518 Cuftoms of Londoji concerning Wills, Sc. 47 D. DECLARATION inftead of an In- ventory, 106 Declaration inftead of a further Inventory, no / Decree Ihe T: A "B JL B. Decree citing the next of Kin to appear every General Seflion to fee and hear a Nuncupative Will propounded, Vage 59 Decree to be hung on the Koyal Exchange to cite the next of Kin in fpecial, and all others in general, to appear every General SefTion to fee a Will propounded, 62 Decree to te executed on the Royal Ex- change to cite the next of Kin in fpecial, and all others in general, to bring in a WjII, and to accept or refufe the Execu- tion thereof, (if any Will be made) othcrvvife to accept or refufe Letters of Adminiftration fimply, as dying In- teftate ; as alfo to exhibit an Inventory upon Oath, 66 Decree to cite an Adminiftratrix to exhibit an Inventory upon Oath, and to give better Security for her Adminiftranon, otherwife to fhcw Caufe why the fame fhould not be revoked, and Letters of Adminiftration granted anew, 244 Decree againft Sureties to (hew Caufc why an Adminiftration Bond (hould not be delivered out in order to be pleaded and fucd at Common Law, 274 Decree for Perfonal Anfwers, 279 Decree for Perfonal Anfwers upon Letters ofRequeft, 282 Decree to be executed on the Royal Ex- change to cite a Perfon abroad to accept or refufe Adminiftration, otherwife to (hew Caufe why the fame fhould not be granted to fome Perfon to be named, in order to (ubftantiate Proceedings in the Court of Exchequer, 301 Decree for Anfwers to a Libel, 347 Decree The "i A'B L E. Decree by Ways and Means to cite a Per- fon to appear every General SefHon to fee a Libel given in and admitted, and Sentence promulged in a Caufe of Nul- lity of Marriage by reafon of a former, ?age 351 Decree by Letters of Requeft for Divorce or Separation for the Crime of Adultery, 386 Decree for Confrontation in a Caufe of Separation or Divorce by reafon of Adul- tery, 392 Decree, with an Intimation, to (hew Caufe why a Licence or Faculty ihould not be granted for appropriating certain Pews to the abfolute Ufe of a certain Family, exclufive of all others, 409 Decree, with an Intimation, for granting a Faculty for enlarging a Church, and building a Gallery for the fole Ufe of a Family, 415 Decree, with an Intimation, for granting a Faculty to pull down an old Alms-houfe and build a Work-houfe, 4^ a Decree, with an Intimation, for granting a Faculty to remove a Corpfe, 427 Decree, with an Intimation, for a Faculty to build a Family Vault, 430 Decree, with an Intimation, for granting a Licence to enable a Clergyman to preach in a Certain Chapel. 442 Diffamation, of rhe Cognizance thereof, i Diftributions Ecclefiaftical and Civil, 223 Diflribution, a Cafe concerning it, 513 E. "The "t A "B L E. E. EFFECT of a Decree againft one of the next of Kin, citing the Party to appear every General Seffion and Seflions until Sentence is given for the Validity of a Will, Codicils and Teflamentary Schedules of the Deceafed, on the Be- half of the Crown, Page 159 Effedl of a Decree to appear every General Sefiion in the High Court of Delegates to fee further Proceedings in the prin- cipal Caufe, until a Sentence be pro- mulged therein, 162 EfFeft of a Monition to pay Cofts of an Appeal in the Court of Delegates, 163 EtFed of a Monition to pay Cofts of an Appeal, 166 Effed: of a Monition in a Commiflion of Appraifement, 285 EiFed of a Decree to accept or refufe Let- ters of Adminiftration, otherwife to fhew Caufe why the fame ought not to be granted to fome third Perfon limited to fubftantiate Proceedings in the High Court of Chancery, 298 EfFe61 of a Compulfory againft a Witnefs to appear before Commiflioners to give Evidence in a Caufe of Nullity of Mar- riage by reafon of Impotency, 331 Excommunication for Non-appearance to a Procefs, 37, 205 Excommunication, a Schedule thereof, 38, 207, 385 Ex- I'he r A 'B L E. Exemplification of the Probate of a Will, P^gc 193 Exhibits, 34.2 F. FEES due to the Office upon the De- livery of an Original Will out of the Regiftry, 73 I I. N DUG TIG N to a Benefice or Li- ving, 440 Inhibition in a Caufe of Appeal from the Admiflion of an Allegation, 117 Inhibition in the Court of Delegates in a Caufe of Appeal from reje6ting the Ad- miflion of an Allegation, 120 Inflrudions for the Execution of a Warrant to arrefl a Ship, 487 Interrogatories, 19 Interrogatories to crofs examine Witneffes to a Will, 91 Inteftacies or Inteflates Eftatcs, the Law concerning them, 221 L ETTER of Attorney from a Cre- ditor, impovvering; a Perfon to give a Receipt to the Adminiftrator, 237 1 Letters "The T J T. L E. Letters of Requeft from an inferior to a fuperior Judge, Page 9 Letters miflive to a Nobleman, citing him to appear and propound a Will, other- wife to (hew Caufe why the fame fhould not be declared null and void, 199 Libel in a Caufe of Defamation, 16 Libel in a Caufe of Legacy, 167 Libel of Appeal in the Court of Delegates, upon rejeding the Admiflion of an Alle- gation in an inferior Court, in a pre- tended Teftamentary Caufe, 171 Libel in a Caufe of Contrad of Marriage, 313 Libel in a Caufe of Reftitution of conjugal Rites, 324 Libel in a Caufe of Nullity of Marriage for Inceft, 332 Libel in a Caufe of Nullity of Marriage, by reafon of a former Marriage, wherein the Record conviding the Party of Fe- lony for the fecond Marriage is exhibited and pleaded, 355 Libel in a Caufe of Jaditation of Marriage, 369 Libel of Appeal in the Arches from a Sen- tence given in the Court below, in a Caufe of Jaditation of Marriage, 372 Libel in a Caufe of Divorce or Separation by reafon of Adultery and Cruelty, 394 Libel in a Cauie of Rate for Repairs of a Church, 455 Libel in the fame Caufs for the Purpofes aforefaid, 4^-9 Libel in a Caufe of Tithes, 475 Lo'2dcJ2 w rhe Table. London Cuftoms concerning Wills, Devifes, JLegacieSj Executors and Diftributions, Page 47 M. ARRIAGE inceftuous, a Cafe thereof", 521 Monition to perform Penance, 31 Monition by Ways and Means to pay Cofts of Suit, 34 Monition againft the Regifter of an inferior Jurifdidion to tranfmit an Original VVilJ, the fame being erroneoufly proved there* in, in order to prove it in the Prerogative Court in common Form, 136 Monition to pay Cofts of an Appeal. 164 Monition to tranfmit an Original Will in a Caufe of Appeal, 200 Monition for the Tranfmillion of a Procefs in a Caufe of Appeal in the Arches, 378 Monition for Payment of Alimony in a Caiife of Divorce, 400 Monition for a Clergyman to behave better in his Minifterial Office, 463 N N. '"Uncupative Will, 53 Nuncupative Will, a Cafe concerning, 504 "The Table. E R 5 O N A L A nfwers, P^ge 3 49 Petition to obtain a Faculty or Licence to remove a Corpfe, 426 petition Summary to the Admiralty, 489 Pluralities, Difpenfations of them according to the Statute of 21 H. 8. 480 Prefentation to a Benefice or Living, 439 Proxy appointing a Prodor to appear and give a Negative IfTue to a pretended Will, 103 Proxy appointing a Pro61:or to profecute an Appeal in the High Court of Delegates, 124 Proxy of Renunciation of an Executorfliip, 132 Proxy praying to be afligned Guardian ex Officio^ and the Acceptation of the faid Guardianfhip, in order to appear to a Decree, and fee a Will propounded, 178 Proxy from the Guardian ex Officio afore- faid, appointing a Pro61or to appear for the Purpofe aforefaid, i8f Proxy upon electing a Guardian, in order to oblige the Executors of a Will to prove the fame by Witnefles, 183 Proxy of Acceptation of the faid Guardian- fliip, 184 Proxy praying a Guardian to be appointed, in order to cite the Widow to bring in an Adminiftration, to revoke the fame, and to accept or refufe the Adminiftra- tion, with a Teftamentary Schedule an- N n nexed^ l)ie ^ A B L E. nexed, and to exhibit an Inventory, Page 1 86 Proxy of Acceptation of the faid Guardian- fhip, i88 Proxy appointing a Ferfon to a6k as an Agent or Solicitor, 191 Proxy appointing a Prodor to admit and confefs the Articles of an Allegation and Exhibits therein pleaded, 196 Proxy appointing a Pro6lor to propound a Will a fecond Time, 20:? Proxy for a Widow to renounce Admini- ftration, 232 Proxy for a Minor to choofe a Guardian, in order to renounce Adminiftration, 251 Proxy of Acceptation of the Guardianfhip and Renunciation aforefaid, 253 Proxy of Renunciation of Letters of Admi- niftration de bonis mn^ ^c. or Goods left unadminiftred by the Relid: and Daugh- ter of the Deceafed refpe6lively, made by two of the Grandchildren and next of Kin, 258 Proxy for another Grandchild and next of Kin, being a Minor, to choofe a Guar- dian, for the fame Purpofe, 260 Proxy of Acceptation of the faid Guardian- fhip and Renunciation of the faid Admi- niftration de bonis non^ as Guardian to the faid Minor, 262 I'roxy appointing a Pro61or to appear for the Defendant to fee a Libel given in and admitted, and to give a Negative IfTue thereto, 345 q- 7he I'JSLE. Q: q: Ualification for a Nobleman's Chaplain, Pa^e 441 R. RELEASE for a Legacy, 195 Remiflion, remitting a Caufe from a fuperior to an inferior Court, 384 Renunciation of a Legacy, 192 Retainder of Chaplains, how many Chap- lains Noblemen and Officers of Honour and Place may retain, what fhall be a good Retainder for a Chaplain, and where Difpenfation granted to fuch Chap- lain for Plurality Ihall be good, where not, 480 S. SCHEDULE of Excommunication for Non-appearance to a Procefs, 38, 207 Schedule of Excommunication for Non- payment of Cofts of Suit upon an Appeal to the Arches, 385 Sentence in a Caufe of Defamation, 29 Sentence pronouncing for an Appeal, 175 Sentence invalidating a Will, and pronoun- cing an Inteftacy, as alfo granting Admi<^ niftration thereby to the next of Kin, 213 Sentence '11:6 rj 'B L E, Sentence againft a Grievp.nce, and the Caufe retained, refervin§ fhe Cofts of the Ap- peal, ~J. ^ Page 2 1 6 Sentence pronourMi^pbfcr the Validity of a Will, 7% 2i8 Sentence in a Cauffe )pf Reftitution of con- jugal Rites, 327 Sentence in a Caufe of Nullity of Marriage by reafon of a former Marriage, 364 Sentence for an Appeal, 375 Sentence againft an Appeal remitting the Caufe to the Court below, 381 Sentence in a Caufe of Divorce or Separa- tion by reafon of Adultery and Cruelty, 402 Significa'vit to the King, in order to obtain a Writ granted to • take an excommuni- cated Perfon into Cuftody, 40, 208 Subftitution from a Prodlor appointing a Perlbn to a6t for him, 102 W ARRANT for a Pro6lor to ap- pear for the Plaintiff, 13 Warrant for a Pro6lor to appear for the Defendant to give a Negative IlTue, 14 Will Nuncupative, 53 Wills, Cafes relating thereto, 497, 504, 5055508,511 F I N I S. \ \ * .• / r •!v ^ ^'t%\ y . \ ,.