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John Tremaine.

Pleas of the crown in matters criminal & civil: containing a large collection of modern precedents .. (Volume 1)

. (page 23 of 51)

•forefaid unknown, in the faid war and rebellion, and in their
traiterous purpofes aforefiid, againft the duty of his allegiance,
againft the peace of the faid lord he now king, his crown and
dignity, and alio * againft the form in the ftatute in fuch cafe ^P. j rg,
made and provided. And the faid attorney-general of the faid
lord the now king, for the faid lord the now king, further gives
the court here to underftand, and to be informed, that after-
wards, to wir, on the 14th day of the month of January, in the
faid ill year, ice. aforefaid, George, lord Jeffieys, baron of
Wem, lord chancellor of England, and for that time lleward of
England, by virtueof the letters patent of the faid lord the king
made irl the lawful manner, and to the faidGeorge lord JefFerys,
baron of Wem, then lord chancellor of England, directed the
faid indidlment before him at Weftminfter, in the county of
Middlefex, in the great hall of the pleas, there, onThuifday
the 14th day of Jan. in the ill year of the reign, &c. aforefaid, indiif^ment:
caufed to come to be determined, ofc. and that afterwards, torcmoved
wit, on the faid 14th day of January, in the ill year of the reign, '^*"^"''*= '•!=
&c. aforefaid, at Wellminllcr, in the couvity of Middlefex,' in f"''^^"
the great hall of the pleas there, before the laid George, lord
Jeffreys, baron of Wem, lord chancellor of England, and then
lleward of England, came the laid Henry, baron of Delamere,
under the cuftody of Thomas Ckeek, cfq; then lieutenant of
the tower of the faid lord the king, of London, by virtue of a
writ of the faid lord the king, of Habeas Ccipus ad fubjicien-
dum, to him diieifled, brought there to the bar in his proper
perfon, and immediately being demanded of the premilfes
above charged againfl him, how he would acquit himf«?!f
thereof, then iaid, that he was not guilty thereof, and there-
"of for good and evil, put himfelf upon the peers; In which,,
caufe it was in fuch wife proceeded, ' that the ilTue afbrc- ''"'^^'
iaid, f# as aforefaid joined, to wit, on the faid 14th day oi\^y.^^.

January, jTOCTiium.



Indi(R.mcnt5 for Peijury.

janutrjr, in the ift year of the reign, &c. aforefaid, at Weft-*
minfter aforefaid, in the faid county of Middlefex, in the great
hall of the pclas there, before the faid Georo;e, lord Jeffreys,
baron of Wem, lord chancellor of England, and for that' time
then Iteward of En2,land, in the due manner was tried by the
peers, upon which trial of the ilftie aforefaid, fo as afortfaid
joined, between the faid parlies, one Thomas Saxon, late of
Weflminftcr, in the county of Middlefex, yeoman, was produ-
ced witnefs, in the faid caufe, on tlie behalf of the faid lord
Defendant the king, and then and there was fworn upon the Holy Gofpcl
produced as of Qod, to fpcat tiie truth, the whole truth, and nothing but
©rth"*'*' ^^^ truth, of, and concerning the faid premifies ; and fo being
fworn, the faid Thomas Saxon, not having the fear of God be-
fore his eyes, but being mo\-ed and feduced by the inftigatlon
of the devil, and not regarding the laws of this kingdom of
England, nor in any manner fearing the pains in the fame con-
tained, on the faid i |th day of January, in the ift year of the
reign, aforefaid, before the faid George, lord Jeffreys, baron
of Wem, lord chancellor of England, and for that time lleward
of England, at Wcftminfter aforefaid, in the faid county of
Middlefex, faifely, wilfully and corruptly, by his own proper
aft and confent, and of his own mofl wicked mind, upon his
faid oath didfav, depofc, fwear, and did give in evidence to the
peers oi the faid Henry, baron of Delemere, then and there in
the due manner defied to try the faid ilfue, between the faid
lord the hinP' and the faid Henry, baron ofDelemere, then and
PfiiuTv. there in the manner and form aforefaid joined, " That in the bc-
ift eiiarge.^/JK?,:;;^ of^une then /?/?, he. th$ faid Th.ma^ Saxon ivasfird for to
Mjrrt, (meaning the rnanlion houfe of the faid Henry, baron of
Delemere, fituate at Mere, in the county of Cheller,) where,
^p f- rz'hen hs the fa'd * Ihrinns flaxen cajnc, he was cr.nduf.itd into a
r. lDO'/(jTO(P;- room., -where lord Delemere (meaning the faid Henry, baroa
ofDelemere") Robert Cotton, knt, andhurongl, (meaning one Rob-
ert Cotton of Combermcre, in the county of Chefter aforefaid,
knt. and baronet) and Mr. Ojffley, (meaning one John Crew Gt-
fley, of Crew, in the county oi Cheller aforefaid,) efq; -were prc-
fent" and the faid Thomas Ssxon then and there, at and upon
the trial aforefaid, being interrogated by the faid George, lord
Jeffreys, baron of Wem, lord chancellor of England, and then
for that time fleward of England, at what time in the month of
July it was when he the faid Thomas Saxon was at Merc afore-
faid ? He the faid Thomas Saxon then and there, to wit, on
the faid Thuvfday, the I4ih day of January, in the ill year, &:c.
aforefaid, at V/eflminlftr aforefaid, in the faid county of Mid-
dlefex, faifely, wilfully, anJccrruptly did fay, deppfe, fwear,
anfwer, and upon his oath aforefaid, further did give in evidence
to the faid peers, of the faid Henry, baron of Delemere, " That
he the /aid Thcmaf Saxon c:uld net tell (he day, bccaiife that he did
notfettt ik-iun m writing, ht 4;d bdiivt that it »«» the id ar d^th

da-y



Iiidii5lriicnts for Perjury.

Jay cf yune." And the faid attorney-general of the faid lord*dCbirg««
the now king, fiinhei gives the court here to underlUnd, and
to be informed, that the laid Thomas Saxon, tlien and there
upon the faid trial, falfcly, unlawfully, wickedly and corrupt-
ly did fay, depofe, fvvear, and upon his faid oath did give in
evidence, to the faid peers, of the Liid Henry, baron of Delc-
tiiere, " That the faid Henry, baron of' Deiernere, R-jbert Cotton, knt.
and baronet, and John CreuJ Offley, efq; interrelated Kim the faid.
Thamois Saxon, whsthsr hi the (aid Tkcmas Saxm xuould undertake
to carry a meJaiJe Jhm ihc faid H. B. of O. R. C. kni. and bart. and
J. C. 0. ejq\ to the diiks of Monmouth (meaning James late duke
of Monmouth, lately attainted for high treafon) zuhich he the
J aid Thomas Saxon undertook to di, and there received eleven pieces of
gold, called guzncaj>ieces of ^old, and Jive piunds in JHver, for his
journey, (mcaninj^ the journey ol the faid T. S, to the faid duke
of Monnjouth) a^id that he the [aid T. S. then aj'terwards, hired a
horfe and delivered the mefjage to the duke of Monmouth, (aieaning
the laid late duke of Monmouth)," and that the faid T. S. then
and there upon the faid trial being interrogated by the faid
George, lord Jeffreys, baron of Wear, lord chancellor of Eng-
land, and then lleward ofTingland, from whom he the S\\\A T»
S. had received the laid money, he the faid T. S. then and there
falfely, malicioufly, wickedly and corruptly did {a^, depofe,
fwear, anfwer, and upon his laid oath further did give in evi-
dence to the faid peers, ot the laid Henry, baron of Dclemere,
" That he the /aid 1. S. had received the faid money from lord Di-
lemere," whereas in trftth and in fact, in the beginning ol June,
then laft paft, the laid T.b. was not fent for toMere.and where- „
as in truth and in fact, the faid T. S. was. not conduced into a ^"* c
Jower room at Mere ; and whereas m truth and In tact, tne laidp„,ju t.
lord Delemere, R. C. kt. and baronet, and Mr. Offley were net
there prefent *, and whereas in truth "-nd in iavft, the faid loid
Delemere, R. C. knt. and bart. and AIi . Oifley, did not inter-
rogate the faid T. S. whether he the faid T. S. would undertake
to carry a meffage from them to the duke of Alonmouth ; and
whereas in truth and in izSt, the * faid T. S. did not undertake „
lo do it ; and whereas in truth and in facl the faid T. S. never a . IOI4
received eleven pieces of gold called guinea pieces of gold, nor
five pounds in lilver, tor hii journey ; and whereas in truth and
in fart, the faid T. vS. never received faid money from the faid
lord Dflemere, as the faid 'J\ S. by hisfalfe and untrue vef-
tiniony aforefaid, falfely, maliciouflyj wilfully, and cmrupily,
by his own proper ail and confent, upon his oath afi>refaid,
did fay, depofe, relate and give in evidence to the peers cf thcp , -
faid Henry, baron of Delemere, at and upon the faid trial ; — ' '
And fo the faid T. S. cm the faid Thurfday the 14th day of
January, in the ill year of the reign, &c. aforefaid, at VVcll-
minller aforefaid, in the faid county of Middlefex, before the
faid George, lord Jefffv^ys, baron-uf W«;m, lord chancellor of
I» b England,



Indid^ments for Pcrjuiy.

Eiiglanc], and til en fleward of England, by his own proper aft"
and confent, and of his own muft wicked mind, in the manner
and form aforefaid, falfely, malicioully, wilfully and corrupt-
ly, upon his oath aforefaid, did commit wilful, voluntary, and
corrupt perjury, to the great difpleafure of Almighty God, in
roanlfelt contempt of the laws ot this kingdom of England, to
the evil and pernicious example of all others in the like cale
offending, and againfl the peace of tlfe faid lord the now king,
his crown and dignity; vi-hereupon the faid attorney-general of
the faid lord the now king, for the faid lord the king, prays
the cbnfideration of the court here in the premrfles, and that
ProceHj due procefs of law may be awarded againft the faid T. S. in this
prayed. behalf, to make him to anlwer to the faid lord the king of, and
touching the premiffes, Sec. And now, to wit, on the Satur-
day next, after the oftave of St, Hilary, in this fame term, be-
fore the faid lord the king, at Weftminlter, comes the faid T. S.
in his proper ])erfon, under the cuftody of William Richardfon,
gent, keeper of the goal of the faid lord the king of Newgate,
and having heard the information aforefaid, faith, he is not
Not guilty. guilty thereof, and of this puts himfeif upon the country, and
R. S. knt. attorney-general of the faid lord the now king, who
for the faid lord the king in this behalf profecutes, doth the
like, therefore let a jury come thereupon, before the lord the
Venire fa- king, in the court of the faid lord the king, before the king
aas award- j^j^^,-gj£' ^^ Weftminfter, on the Monday next after the morrow
of the purification of the bleffed Virgin Mary, by whom, &c.
the fame day is given as well to the faid R. S. knt. who profe-
cutes, 6c.c. as to the faid T. S. at which Monday next after the
morrow of the purification of the bleffed Virgin Mary, before
the lord the king, at Weftminfter come, as well the faid R. 3.
knt. who profecutes, &c. as the faid T. S. in his proper perfon.
And the fheriff returns the names of twelve jurors, of whom
ProcJama- none, &c which jurors being called come, whereupon public
'*"' proclamation being made here in the court, for the faid lord the

king, as the cuftom is, that if there be any perfon who for the
faid lord the king would inform the ferjeant at law of the faid
lord the king, or the attorney general of the faid lord the king,
or the Jury aforefaid, of the matters aforefaid,' that he fhould
come forth and fhould be heard, and thereupon Thomas Jones,
efq; one of the council of the laid lord the king offered himfeif
to do tills, whereupon the court here proceeded to the taking of
Trial at the iaid jury, by the faid jury now appearing, who being ele(fl-
ed, trietl, and fworn to fpeak the truth of the premiffes afore-
Veidift i^d'id, fay upon their oath that the faid T. S. is guilty of the
guilt;. premiffts in the information aforefaid mentioned, as the faid
information above fuppoi'cs againft him, * whereupon all and
*P, 1^2- ''^"S"'^' ^'^^ premiffes being fcen, and by the court here iinder-
ftood, it is confidered, that the faid T. S. fhall fland in and
upon the pillory, oa Saturday the ijth daj ©f February, in the

fOiUt-



Indidments for Peijuiy;

•ovtrt-yard of tlie palace, at Weftminftcr, between the loth and JuJ^niiiit
1 2th hours of the faid clay, for the fpace of one hour, with a
paper fixed on his head denoting his offence, in large letters,
to wit, *' Ihonas Saxon conv'i ,ed upon full evidence Jhr horrid per-
ju.^y," and that the faid T. S. fhall Hand in and upon the
pillory at Temple-bar in FIcet-itrect, on Monday the 15th day
of February aforefaid, between the 12th hour and the jd hour
after mid-day of the faid day, for the laid fpace, with the faid
paper fixed upon his head, and that the faid T. S. fhall be
whipt by the common executioner, from the gate of the city of
London, called Ludgate, unto WeHminlter-hall in the county
of Aliddlefex, on Thurfday the i6th day of February ; and that
the faid T. S. {hall Hand in and upon the pillory at Cornhill,
nigh to the Royal Exchange there, on Wednefd/iy the 17th day
01 February, between the 12th hour and the 2d hour after mid-
day of the faid day, for the fpace aforelaid, with the faid paper
fixed oc his head, and that the faid T. S. fhall be whipt by
the faid common executioner, on Friday the 19th day of Feb.
aforefaid, from the gate of the city of London, called Newgate,
to the gallows at Tyburn, in the county of Middlelex afortlaid,
and that the fh.eriffs of London and Middlefex ihall be aiding
and aflifting at the feveral places and times aforefaid, to exe-
cute the faid judgment, and that the faid T. S. pay the lord the
king five hundred marks, laid upon him for a fine, for the oc-
cafion aforefaid ; and that the faid T. S. is committed 10 the
keeper of the goal of Newgate, until that he fhall pay the faid
fine.



The King again Ji H. P.
Trinity^ 36th Charles IL

Kent, ") ""pHAT on the 22d day of Februarv, in ;l,e
Towit.^ y i year, (Sec. in the court of the biflioj. of Ro- J;^;";,'^,?^''"'
cheiler, in the county of Kent, before William Triimbell, ;„ fii'pofi.7/
doclor of laws to the reverend father in ChriJl, Francis, byons,




fornication or incontincncy, committed and perpotjaied byonec^urt.

G. B. of the parifh, &c. in the county, &c. with one j. A.

7;ifc of G. A. at the promotion of the faid G. A. were

Bb 2 exhibited.



1 Indi6lments for Perjury.

exKibited, and that among other things in the $6, 4th and 5tH
of the faid articles, it was alledged as follows, " (3.) Likewi/i
zve article to you the faid G. that on or about the I'jth day of June,
771 the year of oin L'-jrdi(}%2, &c." as by the allegation and ar-
ticle aioreiaid, relation being thereto had more tiilly appears:
in which caufe it was in luch manner proceeded between the
faid parties, that aiterwards to vA'it, on the day of

and in the year, &cc. one H. P. of the parlfh, &c. and others, ,&c.
among others were produced as wUneffes on the behalf of the
faid G,A. to prove and tfltify the truth of the articles aforefaid
above mentioned, in the faid caule exhibited as aforeiaid, and

*P -^ftl '•'^^" ^"^ there were fwornjand each and every of them thei^ and
^' thei-e was "^ fworn upoirthe Holy Golpel of God, to fay and

Oath depofe the truth, the whole truth, and nothing but the truth,

to the faid articles • and the faid H. P. and others, &c. fo be-
ing fworn, the faid H. P. then and there before the faid W. T.
(ioftor of laws to the reverend father in Chrilt, Francis, by
d.vine permiffion, lord billiop of Rocheftcr, vicar-general in
fpirituals and official principal, lawfully conllituted •, by his
own pr iper acl and confent, and upon his oath aforefaid, fallely,

Perjury. rnal:cioufly, wilfully and corruptly did fay, and to the faid 3d
article did depofe amoii^ other things, " That this depone >it came,
l^c." as by the depofuicn of ^the faid H. P. to the faid 3d ar-
ticle relation being thereto had more fully appears, whereas in

AfTign- tidtJi and in fact, &c. Atid fo the faid coroner and attorney erf

ptrjuiy the faid lord the king, for the faid lord faith, that the faid H.
P: and others, &c. on the faid day and year, &c. at, &c. in the

Conclufion. county, tScc. befoie the laid W.T. dodor of laws to the re-
verend father in Chrifl, Francis, by divine permjlfion, lord
biliiop of Rochefter, vicar-general in fpirituals and official
principal, lawfully conltituttd, by tlieir own proper afls and
confents, and upon their oaths aforefaid, talftly, malicioufly,
wilfully and ccvrruptly did commit wilful and corrupt perjury,
and eich of them by his own proper a(5t and confent, upon his
oath aforefaid, faliely, maliciouily, wilfully nnd corruptly did

cd C*unt. commit wilful and corrupt perjury, &:c. And the faid coroner
and attorney of the faid lord the now king further fhews, that
in the faid caule it was in fuch manner proceeded, that after-
v/aids to wit, on the day and year aforefaid, certain "interroga,-
tories in writinj;, in the due manner Were er-hibiled in the laid
court, before the ftfid W. T. on the behalf of the iaid G.JB.
to the witnelfes pro'duced, or to be produced on the part of
the faid G. A. touching the matter aforefaid dbovementioned,
among other things to be alkdged and articled, of which in-,
terrogatorics, the tenor of the feventh interrogatory follows
in thefe words, " Likewife t.he'faid H. F. is inierro',ia,ted, -o-'hether
did 7iot ycu on or about the month of 'Janua''y luf, in the prefrnce
and hearing of Mr. F'urda^e, iyc." as l^y the faid interrogatory

relation



Indl£lments for Perjury.

relation being thereto had more fully appears ; and t},at the
faid H- P. then and there, before the iaid W. T. doftor of
laws to the reverend father in Chrift, Francis, by divine pcr-
miflion, lord biihop oi" Rcchcftcr, vicar-general in IpiiitualsQ^ji,^
and official piincipal, lawfully conflituted, was fworn upon the
Holy (jofpel of God, to anfvver and dcpofc the truth, ihc
whole truth, and nothing but the truth, to the faid interroga-
tory, and the faid H. P. then and there fo being fworn, the
faid H. P. not having the fear of God before his eyes, but
being moved and ieduced by the inlligation of the devil, then
and there before the faid VV. T. doctor of laws, by his owu
proper a.6k and confent, faliely, malicioufly, wilfully arid cor- ^'â– J'"^'
ruptly did fay, depofe, and to the faid fcventh interrogatory did
negatively anfwcr, ('" jitv'er d-eclariitg anyfuch thing to the perfons,
l^c." ) as by the depofition, &c. whereas in truth and in iait,^^^""^'"*
&;c. And fo the laid coroner and attorney of the faid loid the ^

now king faith, that the faid H. P. on the day and J^^r, &c.Cq„j.jqc,qj,
^t, &c. before tlie faid W. T. doiftor of laws to the reverend
father in Chnrt, Francis, by divine permifflon, lord bifhop of
Rcchefter, vicar-general in fpirituals and official principal,
lawfully conftituted, by his own proper aft and confent, upon
his oath aforefaid, did commit wilful and corrupt perjury, * to*P. 164.
the great difpleafure cf Almighty. God, againft the law-s of this
kingdom of England, to the evil and pernicious example of
all others in the like cafe offending, and againft the peace of
the faid lord the now king, his crown and dignity, &c. where-
upon the iaid coroner and attorney, &c.



The King agcdnft Hutchinfon.
JEafler, 56lh Charles i/;e 2d,

London, \ fT^HAT on the day, and in the year, ficc. a certain ^nforrratioi
Towlti) X procefs, containing a citation in writing, cou-t"'^ P'''j'"'''
cerning a certain dtcree iffued out of the confiflorial court of^" anaffids-
the reverend father in Chrift, Henry, by divine permiffion, lord tlVe'in th«
bifi^op of London, under the fcal of his office dircdled, to all Spiritual
and fingular the clerks and curates whonifot-vcr in and through- c<^t;rt, rcn-
our his whole diocefe of I ondon, whcrefoevcr conftituted, bv "■"'"" '•"
•which ^-roctfs reciting that, whereas t'he reverend fa'hcr in^*')'^^'^^,'^ ^
Chriit, Thomas, by divine petmiflion, lord bllhop of Lincoln ^t,at°cou'rt'.



Indictments for Perjury.

•r Lis vicar-general in fpirituals, or his lawful furrogate,
rightly and duly proceeding, one T. I. of, &c. in the county,
&c. and in the diocefe of London, adminlftrator of the goods,
rights and credits of J. I. late of, &c. and of the diocefe' of
Lincoln aforefaid inieftate, which were not adminilter«d by
S.I. his reli(ft and adminiftratrix of his goods, rights and
credits, then alfo deceafed, had oftentimes diligently fought
hj the mandatary lawfully authorifcd, to cite him perfonally
to the effect within written, who had neverthelefs fo abfconded,
that he could not be perlbnally cited, as it was before him in
that behalf alledged, at the petition of the party, John
HufTey, of H. fcc. uncle to the faid S. I. lately deceafed, and
refiduary legatee in the teftament or laft will of the faid S. I.
widow deceafed, and adminiltrator with the faid will annexed
of the goods, rights and credits of the faid deceafed, had de-,
creed that he fhould be cited and fummoned to judgnient, at
the day, hour and place, and to the efFe<3: in the faid procef?
underwritten, and in the manner and form in the fame within
defcribcd, becaufe that the faid T- 1, hath dwelt out of the
diocefe of Lincoln, and within his diocefe of London, fo that
he could not be cited by his ordinary authority to the effedt
under written, therefore, had requcfted Henry, by divine per-
miflion, bifhop of London, fince that the faid billiop of Lon-
don was willing in the aid of jufiice.to cite by his authority,the
faid T. J. to the efFeft underwritten, therefore the faid Henry,
lord bifhop of London, to all and fingular the clerks and
curates in and throughout the diocefe of London, whercfoever
conltituted, jointly and feverally by the procefs aforefaid, did
give in charge, and firmly enjoining did command that they
fliould peremptorily cite or caufe to be cited, the faid T. J.
perfonally, if he could be fo cited, and there was a free accefs
for them fo to cite him, othcrwife publickly by affiining the
prefents upon the gates or outward doors of the parochial
church of, &.c. or of the houfe of his ufual refidcnce, where
*P. l6'i -^^ dwelt or was accuftomed to dwell, the faid prefent ' writing
being for fome time put there, and a true copy of the faid pro-
cefs being there left, and by otfier ways, methods and means,
by which that might be lawfully better and more eflPedually
done, fo that fuch citation might moft likely come to his
knowledge, that he fhould appear before the faid reverend fa-
ther the lord bifhop of London, or his vicar aforefaid, or his
furrogate, or fome other competent judge in that behalf, in the
ctihedral church of St. Mary of Lincoln, in the confiftorial
place there, on the day of in the year, &c.

next enfuing, between the eighth and twelfth hours before
mid-day, at the ufual hours of hearing caufes, and doing
jultice there, to exhibit the letters of adminif^ration, as well
of the goods, rights and credits of the faid S. J. deceafed, as

of



Iiidi(flmenU for Perjury.

of the goods, rights and credits of the faid J. J. deceafed, bjr
the faid S. J. his relift, unadminiftered to the faid T. J. hovt-
Ibever committed and eranted, and to give bond with good and
fufficicnt fureties for the faithful adminiftration of the goods,
rights and credits as well of the faid S. J. as of the fiid J. J.
deceafed, other wife to (hew and propound good and lawful
caiife if he had, or krjcw any thing to lay for hiinlelf, why the,
faid divers letters of adminiltration fhould not be revoked and
qualhed, and new letters of adminiftration of the goods, rights
and credits as well of the faid S. J. lately deceafed, as of the
faid J. J. deceafed, unadminiftered by ilie laid S. J. his relicft,
to the faid J. H. the uncle of the faid S. J. lately dtceaftd,
and refiduary legatee named in the teffament or laft will of the
faid S. J. widow deceafed, and adminiftrator with the faid will
annexed in the due form of law'fhould not be refpe<51;ively com-
mitted and granted, and further at the promotion of the laid
J. H. to do and receive that U'hichwas jufl in that behalf;
and the faid lord bifhop of London, to his faid clerks and cu-
rates in and throughout his diocefe of London aforefaid, by the
iaid procefs firmly enjoining, did command that they fhould
peremptorily intimate, or fhould caufe to be intimated to the
laid T. J. that if he at the faid day, hours and place, to the
€fFe<9: aforefaid Ihould not appear, or appearing fhould not
fhew fufficient cawfe to the contrary, the faid reverend father
or kis vicar-general in fpirituals, or his furrogate, or forae
other competent judge in that behalf, did intend to proceed,
and would proceed to the revocation and qualhing of the faid
divers letters of adminiftration, as well o£ the goods, rights

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