John Callow, 1659

Archdeacon Will 1659A #33 Jurby will of John Callow, adolescent, died about 1652 [May 1652], mother Ann Freer died 1642, father Thomas Callow died 1656; 
John's will was disputed by his aunts Isabel Clarke als Freere, wife of Thomas Clarke, and Joney Freere on the one part, and Thomas Callow (who died during 
the dispute) & his wife Margaret Quayle & William Callow, Catharine Callow, & Ann Callow on the other part.   
Summary: mother Ann Freer died 1642 [Episcopal Will], father Thomas Callow died 1656 (ArW 1656A #28 Jurby), maternal aunt Isabel Clark alias Freer & her 
husband Thomas Clark, maternal aunt Isabel Freer, stepmother Margaret Callow alias Quayle, paternal uncle William Callow, cousin? Ann Callow, paternal 
aunt? Catharine Callow, witnesses: William Freer age about 55 years & John Killip & Edmund Kewn & Phinlo Freer.  NOTE, that the surname 'Freer' is also 
recorded as 'Fryer' in this controversy,  NOTE, also that the family said John was at least 14 years old and so his will was valid, but the Court 
determined that his age was not proved and so proceeded on the conclusion that he was less than 14 years old.
Jurby parish register: Jon: Callow buried  8 May 1652.
Mother: ArWills, note dated 23 January 1655/6, Michael, regarding a dispute of the will of Ann Callow alias Freer, died 1642 [Episcopal Will]: husband 
Thomas Callow [he remarried, his will ArW 1656A #28 Jurby], sister Isabel Freer & husband Thomas Clark of Ballaugh, & brother John Freer & wife, & sister 
Joney Freer are owed goods per the last will of Ann Callow alias Freer of Jurby & the death of Ann's children [son John died 1652, will recorded in 1659, 
ArW 1659A #33 Ballaugh].
Will of father: ArW 1656A #28 Jurby will of Thomas Callow, buried 24 May 1656, dated 23 April 1656, he has a close at Gollane: 1st wife Ann Callow alias 
Freer died 1642 & made a will [Episcopal will], 2nd wife Margaret Callow alias Quayle is alive, brother William Callow, nephew John Callow, niece Ann 
Callow, sister? Catharine Callow, mother in law Averick Quayle, Bahie Callow, sisters in law Isabel & Joney Freer, also: Phinlo Freer, & William Freer of 
Jurby. 
Will of brother: ArW 1649A #045 Jurby will of Robert Callow, died 3 April 1650 intestate, father alive, mother Ann Freer died about 1642: not married, 
only living brother John Callow, [sister Bahie died a day after Robert, ArW 1649A #045 Jurby], mother Ann Callow alias Freer died in 1642, father [Thomas] 
Callow is alive [died in 1656, ArW 1656A #28 Jurby].
Will of sister: ArW 1649A #046 Jurby will of Bahie Callow, died 4 April 1650 intestate: not married, only living brother John Callow, [brother Robert 
Callow died the day before Bahie, ArW 1649A #046 Jurby], mother Ann Callow alias Freer died in 1642, father [Thomas] Callow is alive [died in 1656, ArW 
1656A #28 Jurby].
Will of aunt: ArW 1661A #056 Ballaugh will of Isabel Clark alias Freer, died 21 December 1662, husband Thomas Clark: husband Thomas Clark  exec, son & heir 
William (left the Island about 1671 & was not heard of again), 2nd son Patrick, youngest son George; sister Joney Freer; brother John Freer; also: Averick 
Nidderaugh, witnesses & pledges: William Mylevorrey & John Craine, also other pledges: Daniel Teare & Patrick Cowley.

To the Right worll: James Challoner Esquire & Govenor of this Isle, 
The humble petition of Tho: Clarke of Ballalaugh Parish: 

Humbly Shewinge That whereas one Ann Ffreere who died in Anno 1642 willed 
to her children executors, all of them dyinge in minority save one, who as is 
alledged attained to the age of 14 yeeres or thereabouts, & in his nonage 
of understanding (though of yeeres yf that may appeare) was seduced & 
sinester meanes drawne to make a will as is likewise alledged; wch will was 
(without competent wittnesses contrary to the Lawes of this Isle) approved 
of; & recorded, in your peticioners absence, by one of the judges without the 
assistance of his associatt, or Register; though the same was in dispute in 
a full Court twice before; by wch meanes the goods wch of right and by law 
ought to descend to your peticioners wyfe and her sister, are contrarie there 
unto alienated to a strange kindred; and for like to continue, except your 
good worship in wisdome, and your tender respect of justice grant some 
speedy releife &c.  The promises tenderly considered your peticioner most 
humbly craves that your worship would be gratiously pleased to require 
the now officers of the will Courte, and yf your worship thinke it con=
venient to joyne Mr Hugh Cannell, Mr Robb Parr, and Mr James Moore, or 
two of them who formerly were judges of that Court and who knowes the 
law and practice in their ce-----th them to take examination of this busines 
and if they find accordinge to law xxxxxx or ca-----[?custome] formerly used in 
this Isle the said will now alledged to be authentic xxx; they may soe give 
it under theire hands and your petitioner will submit and ever cease to 
prosecute the same; but yf they shall otherwise find that they may decree 
accordinge to law, and the ancient practise of that part[?], that soe iustice 
may be done, and your peticioner relieved; And this for Christ Jesus his 
sake; and your petitioner  for your worship prosper he will never cease 
to pray.    		& alsoe Sr Robert Parr & Sr Hugh Cannell.       
	Lett the willers take the business into serious 
	consideracion and examination; and com=
	pose the differences betwixte ye parties if 
	they can; or els make Reporte thereof to 
	mee. Castleton: 18 Ja:1657	
				James Challoner  

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            At St John Chappel the 29th of July 1658
 In obedience to the honorable Governor his Referrence  directed 
unto us whose names are Subscribed, we have taken these 
examinacions followinge:      

Wm Ffreere aged 55 yeares or thereabouts sworne and examined 
saith That he came to see Jo: Calowe on May day before his 
death being then on his death bed and then asked him whether 
he had made a will, who answeared he had not, after
wards he came to see the sd Jo: Calowe (beinge sent for) 1 
day or 2 before his death, and perceiving he would not 
recover told to Tho: Calowe father to the sd Jo:  That what 
goods the sd Jo: had came by his mother, and in case he dyed 
there would be strife betwixt his friends concerninge 
the sd goods; and desired, that if the sd Jo: would make a will 
that he (being his Supervisor) might be by; then Tho: Callow 
weeping answeared if I loose the boy, I care not if I 
loose the goods also and further saith not    
				Wm Ffreere his mark w

John Killip beinge witness to the alledged will of Jo: Callowe afore
sd being examined whether the sd Jo: Callow was (at his sd will) 
instructed in the making thereof, or whether the wordes of 
the sd will were not dictated to him by Tho: Calow his father or 
any other; denyeth to attest or swear any thing to that 
pointe.      

Edmond Kewne sworne and examined saith that he was by 
at St Patricks of Jurby when the alledged will of Jo: 
Calowe was proved; and that there was noe officer in Cort at 
that time, nor that day but Capt Jo: Teare, and that 
neither Tho: Clarke, nor any of Ffreeres the partys concer=
ned in that will was then prsent in the Church, and further 
saith not.  
				Edmond Kewne his mark      

Ffinloe ffreere sworne and examined saith that there was noe off=
icer in Court when the will abovesd was proved, nor that day but 
Capt Teare as abovesd and further saith not.  
				Ffinloe Freere his mark X 

These deposicions taken by and before 
as abovesd			Richd Stevenson
				William Quaille
				Ro:Parre 

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	       Bishop’s Court 7th Aug 1658 
Concerning that the will of John Callow was not duely 
proved before John Teare late Judge of ye Will court, -----[in fold] 
as is alledged all parties concerned were not present, noe ----[in fold] 
Register and for other reasons wch ye defts:[defendants] are readie -----[in fold] 
offerr, I referr ye same to ye heareing and determination of 
ye judges in ye will office  
				James Chaloner 

I find annexed to an order written & submitted 
by ye late Bishop in Anno 1643 in these words 
Note that in the Regrs absence ye Bishop did exped----[in fold] 
all acts this Cort day Mr. Vicar Cannell & Mr. Parson 
Parre being present instead of the Regr;    
I find likewise recorded in Anno 1634 a Co-------[in fold] 
grated by Bishop Ffoster to Parson Thompson, & 
Sir Hu: Cannell jointly to execute the affair of the Vicar 
Generall, & Sir Wm Cosnahan Regr & then thr------[in fold] 
to keepe the Ecclesiasticall Cort jointly &c.     

I finde likewise Recorded in Anno 1626 a ------[in fold]
stion granted to Sr Wm Crow & Sr Wm Norris 
by Bishop Phill, to be substituted jointly, ---[in fold] 
Parson Thompson his Regr Episcopall &c.  
			Tho: Norris Regt. 

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        At Ballagh Church 22nd 9bris 1658
Forasmuch as in order to a Reference from 
our honorable Governor directed unto us This day 
was assigned for hearinge of ye difference concerninge 
the alledged will of Jo: Calowe 
and both parties accordingly appearinge it 
was alleged by one Quayle and the exec 
of Tho: Callow that they had not timely 
notice; for the bringeinge in of their 
evidence; and desired further time; 
Therefore for the a---ydinge of all cause 
of complainte we thought it fitt to grant 
the same and now doe order that 
all parties doe appear at Duglas 
on Tuesday the 7th of 10ber next wch 
all further evidence as can be produced, 
and in case any faile herein we shall 
proceede accordinge to the evidence 
alreadye taken, Date the day and year 
above sd
		Richd Stevenson
		William Quaile  

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23d  9ber  1658
Let there be no unnecessary delay used in ----
---sines[?] & therefore let the meetinge at 
Duglas hold as hath been appointed. 
		James Chaloner
		p me Tho: Norris, Regr.                    
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ffor as much as it appears  to me that some of the witnesses to the 
will of John Callow are not in a condition to travel as far 
as Douglas, I therefore thinke fitt and doe soe order that the 
matter now pending betwixt Thomas Clarke and the 
adverse parties be deferred till the cominge over of the Judges 
of the Will Court, on this side, and then to proceed to the 
consideration therof, Given under my hand this 2th day 
of 10ber 1658
			James Chaloner                      

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Cosson Stevenson, the bearer hereof Tho: Clarke of 
Ballagh, came unto me, to know, whether I gave my 
consent unto the proveing of Jo: Callow his will, with Jo: 
Teare, I doe remember that, he & I, was at a difference    
[edge]---wise about the proveing of it, but would never give 
my consent unto the same, or unto any such, unlesse 
I know it very lawfull, & this I doe certify for a trueth 
noe more only my true love to your selfe & the rest of 
your fellow officers I remaine, 
			   your loving kindsman 
March the 10th 1658		Sam Radcliffe  
At St Johns Chappell 10th March 1658                   

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----here  And to -------- -------- -------[torn] 
---e probacion of John ------------- ----[torn] s
--e said will was lawfully proved ----------- ---------[torn] 
if two sufficient witnesses according to that law -------------[torn] 
Isle, whene severall other wills from the respective parties ----[torn] 
north side were also proved the said day as appears uppon record, ----[torn] 
[dark]------ was legally & honestly proceeded in, as I shall 
make to appear whensoever thereunto called, as wittnes my name 
subscribed this 8th day of Februarie 1658 
					     John Teare 
 At St Johns Chappell 10th March 1658/                           

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for as much as it is alledged by Thos: Clarke that theire 
was in the Courte att the probacion of John Callow his will but 
[edge]----  willer and that it was not lawful for one judge to prove 
[edge]---- will, these theirefore and to certifie that Captain Radcliffe 
[edge]----m [?Wm] Christian & myselfe weare together att a Courte in 
KK Mighell, where the sd will was to be proved, yett Clarke 
[edge]----dyed to produce summe thing to hinder it, desired that ye probacion 
of the sd will might be deferred to the Court day that was at balure 
chaple, wch was ye next day after Sant Andrus day, whean the 
will was discussed, the sd Clarke produced nothing to hinder ye 
---- --- will & yett tyme was given him to the next Courte, wch Courte was 
att Jurbie Church upon Sant Brydson after, and if he could not 
produce any witnesses against that day to hinder ye probacion  
[edge]---- the would be proved that day; soe when theire did nothing 
[edge]----ave to the contrarie, the will was proved legally in courte 
[edge]---- severall other wills more,     nether did any statute apeare to 
hinder one Judge to prove a will, for that statute was made 
[edge]---- Capt Caldewells time wch was proclaimed the last midsummer
that he was att the tinwald, this I will justifie to be true 
this 18th of februarie 1658
				  	     John Teare
At St Jo: Chappell 10th March 1658 

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In our tyme it hath been the custome and accordingly 
the practice of the Spirituall Court in this Isle, that one 
witnesse cannot prove a will, nor any of kinne within 
the degrees prohibited for marriage but cum consensus 
parium  
				Hu: Cannell
The premises are true. 		Ro: Parre
And also one witness hath 
usually proved a will if the 
testator willed the same, as 
the Church wold denee it
	        Jam: Moore
At St Johns Chappell 10 March 1658.                      

[next page; there are 2 copies of the following court determination]
       At St Johns Chappell ye 10th of March 
      1658
fforeasmuch as the hearinge & determinacion 
of the differrence concerninge ye will of Jo: Calow son 
of Tho: Calow of Jurby (now betwixt Tho: Clark 
in ye behalf of his wife & her sister on the one part, & ye 
exec & wife of Tho: Callow on the other part) 
by our honorable Governor his order beareinge date ye 
7th of August 1658 is referred unto us; 
& having had several meetings about the 
same (upon some allegations of ye sd exec & 
wife of Tho: Callow or one Quaile in their 
behalf), The matter was deferred from time to 
time till this present day, we have (in pursuance 
of ye sd order & other orders from his hand concerninge ye same) mett 
to give our censure & full determinacion therein, 
The sd exec & wife still alledgeing they have 
more proofes & evidences to produce notwithstand
ing Such time given them and delayes used as afforesd wch 
is onely Capt Teare who hath certifyed under his hand 
what he can say in ye business; and as we con=
ceive is meerly offerred to prolonge ye same; 
And haveinge heard, & duely weighed all 
& every ye circumstances allegations proofes & 
evidences on both partes, we find the sd will of 
Jo: Calow not proceeded in nor proved according 
to Law upon these Reasons followeinge: 
ffirst by reason ye sd will was not proved in a full 
Court but onely before Capt Teare who could not 
keepe a Courte of himselfe any more than any 
one officer formerly could, as appears by a pre=
cedent under ye late Bishop his own hand, and 
other reason, if occations be offered and also an order 
enacted in the Governmt of ye late Major Caldwell; 

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Though certified under the hand of Capt Teare 
to be done in open Court but contradicted by Capt Ratcliffe 
thother judge at yt time, who remembers that they both 
were twice at difference about ye proving 
of it, but never was nor would be consented 
to by him nor any such &c.  
Secondly because the witnesses to ye sd will are not 
competent and authentick in Law to prove 
the same, one of them beinge within the de=
grees of kindred prohibited for marriage 
except cum consensu partium, as appears 
hath been the practice by the testimony of 
ye former judges of ye Spiritual Court.  
Thirdly, because ye probacion of ye sd will was 
not absolute beinge a legasye also to be made ----[in fold] 
Antes at next meetinge, wch never yet 
was performed, & Therefore ye sentence 
not definitive,  
And lastly in regard it doth not clearely ap=
peare unto us that ye sd Jo:Calowe attained 
to ye full age of 14 yeares at ye making 
of ye sd will, by reason one of ye parties hath 
procured a copye under the hand of ye minister 
& thother partyes cannot procure ye same, 
All wch and other circumstances beinge ta=
ken to our consideracion, we are of opinion 
soe declare ye sd will to be invalid & of noe 
force in Law; & decree ye 2 Antes on  ye mo=
ther side viz Jony & Isabell ffreere & his father 
Tho: Callow or the exec & wife of ye sd 
Tho: Calow (accordinge to ye will of Ann 
Ffreer mother to ye sd Jo:Calow proved 
Anno 1642) his Administrators; yet nevertheless 
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nevertheless we shall humbly submitt to our 
honorable Governor his further order or appro=
bacion herof.  Date ut Supra.  
			Richd Stevenson
			William Quaile       

I confirme what the Willers have done in ye prmisses 
14th March 1658	
			James Chaloner   
	       This confirmacion is a copie of ye origin
	       nall examined by me, Tho: Nooris, Regr   

[The original, with the above being a copy:]   
       At St Johns Chappell ye 10th of March 1658
fforeasmuch as the hearinge & determinacion of the differrence 
concerninge ye will of Jo: Calow sonne of Tho: Calow of Jurbye 
(now betwixt Tho: Clark in the behalf of his wife & her sister 
one the one part, & ye execs & wife of Tho: Callow on the other part) 
by our honorable Governor his order beareinge date ye 7th of August 
1658 is referred unto us; & having had several meet=
ings about the same (upon some allegations of ye sd exec 
et wife of Tho: Callow or one Quaile in their behalf), The 
matter was deferred from time to time till this present day, 
we have (in pursuance of ye sd order & other orders from his honr concer=
ninge ye same) mett to give our censure & full determinacion 
therein, The sd execs & wife still alledgeing they have 
more proofes & evidences to produce notwithstandinge Such 
time given them & delayes used as afforesd wch is onely Capt 
Teare who hath certifyed under his hand what he can say in 
ye business; and as we conceive is meerly offerred to prolonge ye same;
And haveinge heard, & duely weighed all & every the circumstan=
ces allegations proofes & evidences on both partes, we finde ye 
sd will of Jo: Calow not proceeded in nor proved accordinge to 
Law upon these Reasons followeinge: 
Ffirst by reason ye sd will was not proved in a full Court but onely 
before Capt Teare who could not keepe a Courte of himselfe any 
more than any one officer formerly could, as appears by a president 
by a president under ye late Bishop his own hand, & other reason, 
if occations be offered and also an order enacted in the Gover=
mt of ye late Major Caldwell;  Though certifyed under the hand 
of Capt Teare to be done in open Court but contradicted by 
Capt Ratcliffe the other judge at yt time, who remem=
bers that they both were twice at difference about ye proving 
of it, but never was nor would be consented to by him nor 
any such &c.  
Secondly because ye witnesses to ye sd will are not competent & au=
thentick in Law to prove the same, one of them beinge within 
ye degrees of kindred prohibited for marriage; except cum 
consensu partium, as appeares hath been the practice by the 
testimony of the former judges of ye Spiritual Court.  

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Thirdly, because ye probacion of ye sd will was not absolute   l---
=sye beinge to be made to ye Antes at next meetinge, wch ---- 
yet was performed, & Therefore ye sentence not defini----  
And lastly in regard it doth not clearely appeare unto us y------
said Jo:Calowe attained to ye full age of 14 yeares at ye 
making of the sd will, by Reason one of ye parties hath 
procured a copye under the hand of ye minister & thother 
partyes cannot procure ye same,         All wch and other 
circumstances beinge taken to our consideracion, we are ---- 
opinion & soe declare ye sd will to be invalid & of noe 
force in Law; & Decree ye 2 Antes on  ye mother ---- 
viz Jony & Isabell Ffreere, & his father Tho: Callow o---- 
exec & wife of ye sd Tho: Calow (Accordinge to ye w---- 
of Anne Ffreer mother to ye sd Jo:Calow (proved in Anno 
1642) his Administrators; yet nevertheless we shall 
humbly submitt to our honorable Governor his further 
order or approbacion herof   
			Richd Stevenson
			William Quaile       
		Exam p me Thom Norris Reg----
I confirme what the Willers have 
done in ye premisses 14th March 
			1658	
			James Chaloner   

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To ye Honorable James 
Chaloner Esq, Governor 
of this Isle, these 
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Honored Sir
The bearer herof Phinlo Quaile came to me to get a copie 
off witnesses to certaine wills, and haveinge examined ye Re=
cords I finde certaine proceedings, & examinacions 
upon the probate of all or most of ye sd 
wills wch I offered to give for your honorable satisfaction 
together, but is refused by ye sd Quaile, who 
onlely desireth to have what makes for him, & 
not otherwise wch cannot be given a part   
Therefore rather then I should runne such a Course 
as I could not well answear and your honor gett 
noe satisfaction therey; I shall consent to 
attend your honor with ye original Records at 
such time, and place, as your honor shall appoint, 
and in the meanetime waite your honors further 
pleasure & Remaine, 
--4 March 1658	Your honors readye & faithfull 
		Servant,     Tho: Norris, Regr

	Bishops Court 25 March 1659
The Register is to bring ye Record before me upon Munday 
on Easter-weeke.  
				James Chaloner 

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	   Bishop’s Court July the 1, 165
Whereas it appeareth unto mee in the Cause betweene 
Thomas Clearke plantiffe in the behalfe of Isabell ffryer and 
Joney Ffryer And William Calow, Katherine Calowe, Anne 
Callow and Margret Quaile wife and executris of 
Thomas Calow deceased defendants, in the case formerly referred 
unto your final determination in the wch you gave your judgment 
and I my approbation Accordingly, Nevertheless I refer 
it unto your further consideration, (yet agreeing with you in 
this, That the will in contraversie was not duly proved 
for that there was but one Judge present at the tyme of 
the probation made by John Teare, one of the then Judges 
and noe Register in Court at all), first for that I find by the 
Testemoney of Sir William Crowe, and William MacAcarane 
That John Calowe was at the age of fourteen yeares 
at the tyme of the making of his last will and testament 
And whereas you take exceptions, to one of the witnesses to the said 
will, for that he is within the degrees prohibited for Marriage 
to the Executor of John Callowe, I find by the Testemoney of 
Sir Hugh Cannell, Sir James Moore, & Parson John Harison 
the one a Judge and the other Regesters to the Spirituall 
Court, That, the degrees of exhibition of Marriage, 
ought to be limited to the blood of the Testator, and not 
to the blood of the Executors, besides it Standeth with reason 
as well as practictises, That any person ought to be received as 
a competent witnesse to the will, That is not to gayne anything 
by the will or testament, And alltho such witnesses 
reape any benefits, by such will or testamt, hee is, and 
ought to be, as a Competent witness to any 
part or clause of such a last will or Testament wherein 
him selfe is not concerned as a legatie, and this was the 
practice, as to witnesses, to will, in the Consistorie at 
Yorke, unto wch Jurisdiction, all Eccleasticall Causes, 
have formerly beene subject to, in this Isle, by way of 
Appeale, as to the sworne Judicatorie, and Allthough 
I might reassume this business, by way of apeale, I 
chose rather to recommend it back, upon these considerations, 
to your further hearing, and consultation forthwith 
and give me your answer.  
The Willers these            Your loveing friend
                            James Chaloner  

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Honored Governor		6 July 1659
In pursuance of your honors order date 1st July instant directed 
unto us concerning ye differences betwixt Tho: Clarke in ye be=
half of his wife & her sister on the one part and ye exec & 
wife of Tho: Calow in the other part we have this day mett 
And having formerly used all circumspection, and diligence to 
finde out the truth, before the making or grantinge of our 
late order in that case, wch was as well grounded upon 
several materiall circumstances as upon ye reasons therein 
inserted:      First for that ye goods mencioned and in 
question were disposed of by the right proprietor Anne Freere 
sister to ye sd Jony and Isabell Freere, and Tho: Callowe jointly 
in case of all her childrens death &c besides a legasie to ye sd 
Tho: in her will & 20s more decreed by ye Spiritual 
Court to him out of ye sd goods upon ye death of his & her children 
with wch he might have rested satisfied, had not his too 
much avarice have induced him to thirst after ye whole.  
2ly, for that the sd Tho:Calow and his said son (upon his death 
bed) denied that he had made any will.  3ly, for that ye sd 
exec & wife have endeavored to produce other witnesses to 
prove ye alledged will before us (wch is all the relief could 
be afforded them in case their now allegations could be 
justifyed) and could not; But contrarywise Jo: Killip 
the Strang Testis beinge examined whether Jo:Calow 
was instructed at his will making, or that ye sd will was 
dictated to him by Tho:Calow or any other refused to attest 
any thinge to that pointe, neither can we yet find 
any just cause to alter the same upon ye testimony of 
Sr Hu: Cannell, Sr James Moore & Parson Jo: Harrison 
being not now sworne by ye Laws more than any other of 
the Clergye; & their testimony not altogether concurring 
with ye Practice in their own time, when we find a will 
proved in form of Law one of ye witnesses being the Testa=
tors brother, The wife, and one of his children exec & ye 
rest of his children cutt off with Legacies; and in case it were soe 
one of ye witnesses to his will is still within ye degrees 
prohibited for maryage to ye Testator knowing noe Law to ye contra=
rye & Likewise we finde by ye Practice of ye Consistorie 
at Yorke; yt kinred, or allyaver[?] nay Servts. and Tents. 
are excepted to be witnesses to prove a last will & testa=
ment and this exceptioin is to ye party producting the----[missing edge] 
or reaping any benefitt by their deposicion, and not[?] 
to ye Testator. And whereas very much is left to ye 
discrecion of ye Judge in such cases, Truely we must 

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Confesse and do hereby declare, That we have not likewise 
seene or found any just reason, cause or ground (in 
whole progress of this business) to alienate the goods i----[fold]
 traids ye from ye kinred from whence it came b-----[fold] 
it was provided by the propritor her selfe; And 
your honor think the hold not this our answeare satis----[fold] 
we shall humbly desire that ye judges Temporal -----[fold]  
ther wth ye clergy, & body of ye Country may be called to give 
opinions in Law concerning the pointe in question 
wherein we shall (in all submissive manner) S------[in fold] 
ourselves, and likewise remaine 
		  Your honors most obedient, & 
		  dutifull servants 
			    Richd Stevenson
			    Wm Quayle 
	Concordat cum decreto

Last Modified 16 July 2020