effectual ways, means, and methods, and to all intents and purposes in the law whatsoever which may be most beneficial and effectual for his said party, said, alleged, and in law articulately propounded as follows, to wit:

in the

First. That W. G., late of in the parish of · county of -9 the deceased in this cause, was at all times as well before as after the making and execution of his last will and testament, bearing date the day of ——, in the year

of sound mind, memory, and understanding, talked and discoursed rationally and sensibly, and well knew and understood what he said and did, and what was said and done in his presence, and was fully capable of making and executing his last will and testament in writing, or of doing any other serious or rational act of that or the like nature requiring thought, judgment, and reflection, and although rather eccentric in his manners, never laboured under any aberration of mind, save in the instance of his having put an end to his existence by shooting himself; and this was and is true, public and notorious, and so much C. Q., the other party in this cause, doth know and in her conscience hath confessed to be true. And the party proponent doth allege and propound everything in this article contained jointly and severally.

Second. That the said deceased for many years before and until the time of his death, had a very great regard and affection for the said M. W., who was the of his late wife , who died in the year , and he the said deceased frequently and down to the time of his death declared such his regard and affection for her, and that she should be the object of his bounty at the time of his death, and made other declarations to that or the like effect. And this was and is true, public and notorious, and the party proponent doth allege and propound as before.

Third. That the said deceased became very much offended with the said C. Q. for marrying the said J. Q. against his consent, which marriage took place about years since, on which occasion, and frequently afterwards, the said deceased declared that he never would have any concern with her, and the said deceased for several years before his death had no intercourse with the said C. Q., and frequently and down to a late

period of his life declared that she never should have any part of the property which he possessed, that if he had ten thousand pounds she never should have a shilling of it, for it would be useless to give her anything, as her husband would spend it if he did; and he, the said deceased, made other declarations to that or the like effect. And this was and is true, public and notorious,

and so forth.

[Then follow several articles explaining or denying the facts charged in the allegation of the next of kin.]

Seventh. That the making and the writing of the last will and testament of the said deceased propounded in this cause, bearing date the 2nd day of February, 1828, was a free and spontaneous act of the said deceased, and was not procured to be made by any acts or contrivance of the said M. W., party in this cause, or her husband J. W., neither of whom knew that he had made such will until some time after the execution thereof; nor did the deceased complain of any inconvenience he felt from writing, or a wish not to complete the same, nor was he compelled or induced to go on and finish the same by the threats and importunities of the said M. W. and J. W., or of J. Y., the steward to the Earl of M. nor is the said J. Y. in any manner related to the said J. W., or to his wife the said M. W., as in the eighth position or article of the said allegation is falsely alleged and pleaded; and the party proponent doth further allege and propound, that neither the said M. W., nor J. W., nor J. Y., were present at such time or in the house wherein the same was written or executed. And this was and is true, public and notorious, and the party proponent doth allege and propound as before.

Eighth. That after the said deceased had wrote and executed his said will, he did not entertain an idea that the same was a deed of gift, or that he had thereby deprived himself of his property, or of a considerable part of it, and in consequence thereof became distressed in his mind, or express his fear that he must go or should be taken to a workhouse, as in the ninth position or article of the said allegation is falsely alleged and pleaded; on the contrary, he, the said deceased, several times recognised his said will, and declared that on his death the said M. W. and her

husband would be materially benefited, or to that effect, that when repairs were doing at his said house in B. P., in or about the month of December, 1827, the said declared he was

doing all for the benefit of the said J. W. and M. W., or to that effect; and on or about Thursday, the 12th day of June, in the said year 1828, the said deceased attended the christening of W., a child of the said J. W. and M. W., his wife, on which occasion he, the deceased, distinctly declared to the said R. S. that he had made his will, and that he had given P., thereby meaning the said M. W., his house in B. P., and everything in it, and had also given her further property, as he had before told him he meant to do, and that he had made her executrix, or to that effect. And this was and is true, public and notorious, and the party proponent doth allege and propound as before.

Ninth. That all and singular the premises were and are true, public, and notorious, and so forth.*

II. ARTICLES EXHIBITED IN THE ARCHES COURT OF CANTERBURY, ON THE PART OF THE BISHOP OF LONDON, AGAINST A CLERGYMAN, FOR AN ECCLESIASTICAL OFFENCE, IN HOLDING AND PUBLISHING HERETICAL DOCTRINES.

IN THE ARCHES COURT OF CANTERBURY.

In the name of God, Amen.-We, Herbert Jenner Fust, Knight, Doctor of Laws, Official Principal of the Arches Court of Canterbury, lawfully constituted, do by virtue of our office, at the voluntary promotion of Christopher Hodgson, of Dean's Yard, Westminster, in the county of Middlesex, Esq., object, give, and administer to you, the Rev. Frederick Oakeley, a Clerk in Holy Orders of the United Church of England and Ireland, and Minister of Margaret Chapel, in the District Rectory of All Souls, St. Marylebone, in the county of Middlesex, diocese of London, and province of Canterbury, all and singular the articles, heads, positions, or interrogatories hereunder written, or hereafter mentioned, touching and concerning your soul's health, and reformation of your manners and excesses; and more especially for your

From Chitty's General Practice, vol. iv. pp. 167, et seq.

6

having offended against the laws, statutes, constitutions, and canons ecclesiastical of the realm, by having written and published a pamphlet entitled A Letter to the Lord Bishop of London, on a subject connected with the recent proceedings at Oxford,' in which said pamphlet or letter doctrines are advisedly maintained and affirmed directly contrary or repugnant to the true usual literal meaning of the Articles of Religion, as by law established, or some or one of them, and contrary to the said laws, statutes, constitutions, and canons ecclesiastical of the realm, and against the peace and unity of the aforesaid United Church of England and Ireland, as it is now by law established.

First. We article and object to you, the said Reverend Frederick Oakeley, clerk, that you know, believe, or have heard, that by the laws, statutes, constitutions, and canons ecclesiastical, persons of what rank or condition soever have been admitted into holy orders of the United Church of England and Ireland, ought to adhere to and maintain with constancy and sincerity the doctrines of the said Church, as by law established; and that whosoever having been so admitted, and having subscribed and declared his assent to the Articles of Religion agreed upon by the archbishops and bishops of both provinces, and the whole clergy, in the convocation holden at London, in the year of our Lord 1562, and ratified by the Royal authority, shall revolt from or impungn or deprave the said articles, or any of them, or any of the doctrines therein contained, ought to be punished and corrected according to the gravity of his offence and the exigency of the law. And we article and object of everything in this and the subsequent articles contained jointly and severally.

Second. Also, we article and object to you, the said Reverend Frederick Oakeley, clerk, that on or about the 8th day of July, in the year of our Lord 1839, you did willingly subscribe to the Thirty-nine Articles of religion of the United Church of England and Ireland, and to the three articles of the 36th canon, and to all things contained in them; and you did declare that you would conform to the Liturgy of the United Church of England and Ireland, as it was then by law established, and we article and object to you as before.

Third. Also, we article and object to you, the said Reverend Frederick Oakeley, clerk, that you for many years last past have been, and now are, a priest or minister in Holy Orders of the United Church of England and Ireland, and minister of Margaret Chapel, in the district rectory of All Souls, St. Marylebone, in the county of Middlesex, and diocese of London, and province of Canterbury, and have been licensed by the Right Honourable and Right Reverend Father in God, Charles James, by divine permission, Bishop of London, to perform the office of minister of the said chapel, by and with the consent of the Reverend George Chandler, Doctor in Divinity, rector of the said district, and that for and as such, and as the lawful minister of the said chapel, you have for several years last past been, and now are, commonly accounted, reputed, and taken to be. And we article of any other time, parish, ordination, institution, induction, benefice, preferment, or promotion, as shall appear from the lawful proofs to be made in this cause as before.

Fourth. Also, we article and object to you, the said Rev. Frederick Oakeley, clerk, and in supply of proof of the premises in the next preceding article mentioned, and to all other intents and purposes in the law whatsoever, we do exhibit, and hereto annex a certain paper writing, marked with the letter A, and will that the same be received and taken as part and parcel hereof, and as if here read and inserted, and do article and object the same to be and contain a true copy of the act on licensing you, the said Rev. Frederick Oakeley, to perform the office of minister of Margaret Chapel, in the district rectory of All Souls, St. Marylebone, in the county of Middlesex, diocese of London, and province of Canterbury aforesaid; and that the same has been faithfully extracted from the book of acts of the said Lord Bishop of London, preserved in the office or custody of Christopher Hodgson, Esq., as secretary of the said Lord Bishop, and hath been carefully collated with the original entry now remaining therein, and agrees therewith, that all and singular, the contents of the said exhibit were and are true, that all things were so had and done as are therein contained; and that Frederick Oakeley, clerk, therein mentioned to have been licensed to perform the office of minister