case ex part AYSCOUGHE S c p wms at the chancellor house Lord chancellor the  testator devise money to a charity on condition his son die without issue male  the contingency happen his widow in her answer to a information for the  charity swear she be with child and the court direct that the master shall  appoint two discreet matron to inspect her and certify what condition the find  her in Mr attorneygeneral this be a petition to your lordship by the three  sister and heir at law of the late sir John chaplin decease and his uncle who  claim apart of the estate as tenant in tail male under a settlement for a writ  de ventre to look into of his widow lady chaplin Mr Maurice a bailiff of  Middlesex with his wife and daughter go down to Tatwell in Lincolnshire in  order to ingratiate himself with sir John but miss of he there he follow he to  York race and insinuate himself into his company and hear he say he design for  Newmarket he offer to hear he company if he will first go to London with he  which he refuse but be at last prevail on and at Dunstable the wife and  daughter of Mr Maurice meet they and he persuade sir John to quit his horse  and travel in the coach with the mosely report to London and to lie at his  house and a few day after sir John go with he and his wife and daughter on a  party of pleasure to Windsor and there marry the daughter about fifteen year  of age and sir John be about nineteen who in about three month after die of  the smallpox have first make his will and devise to his lady all his personal  estate and she give out that she be with child and this petition be to prevent  any fraud or imposition in that affair and the manner the marriage be bring  about be a foundation to believe that any other practice may be make use of to  secure the estate which be the great inducement of the match and this writ be  grant the that of march that of W and m in the case of Duncomb and doyley Mr  solicitor general one imposition on the family make room to suspect another  and this writ be provide for case of this nature and be a writ of right for  the heir to protect his inheritance from be take from he by these mean this  writ be grant in cro Elizabeth more Cas the father devise pound to a charity  on contingency his son die without issue male and the son be extravagant the  father direct that he shall have only a allowance till he be thirty year of  age the son die without issue male and a information be file for the charity  set forth that he be draw in to marry with a woman of a indifferent character  and in year his widow in her answer swear she be with child and at the hear  though this be the case of a personal estate and no provision make in the  register yet in conformity to the reason of the commonlaw the present master  of the roll direct that the master shall appoint two discreet matron to  inspect her and certify what condition they find her in and she be summon to  object before the master to the matron propose she own she be not with child  but we be a case provide for by the commonlaw Mr strange there be two thing  under the consideration of the court whether those who apply have a title to  pray this writ in the case in more only one of the coheir apply here all join  in the petition and it appear by the register a that it lie for Veri Hredes  and the next thing be whether they lie a proper case before the court and  there be no occasion to show there be any in practice make use of in bring  about the match for the book take no notice of any such distinction if the  writ issue there must be a inquisition and a return make whether she be with  child or not and if she be when she be likely to bring forth and since she  mosely report agree beforehand that she be with child we be entitle to the  custody of her till she be deliver and we be Willing as there be no castle on  the estate that she be confine to the house she be now in Mr lutwych for lady  chaplin this petition be a affirmance of the marriage and sir John have a  right to choose for himself and the court be not to inquire what be his  inducement so all they have mention of that kind be out of the case they have  not suggest her to be one of a bad reputation and this be not a writ of right  or of mosely report er p course but be to be grant only on a special  application where there be some probable ground of suspicion and they have  show no more in this case than there be in every other the unusual terror and  fright the execution of this writ may put so young a lady in may be attend  with very ill consequence and occasion a miscarriage which be what perhaps  they desire and the lady desire to come to town to lie in among her friend she  be Willing to give they all the satisfaction they can desire or to submit to  any direction the court shall give to prevent imposition and we propose that  two lady of the sister acquaintance may attend and examine her if they please  and be at the lie in which sure will be a great satisfaction to they than a  jury and be agree to in the case of Duncan and doyley though the writ indeed  afterward issue because she will not let the lady inspect her accord to the  agreement the foundation of the writ be that she pretend to be with child but  they have no affidavit that they suspect she be not with child and our  affidavit be that sir John before his death express great joy at her breed  Lord chancellor I think this writ in a great measure a writ of right all writ  at first be obtain by petition though afterward they come to sue out the most  common of course the chief thing be to prevent a suppositious child but the  first writ issue to see whether she be pregnant or not because you can  otherwise come at the second and if the sheriff return that she be with child  then the second which be the material writ issue out of the court of king  bench or common plea I will have the writ execute on the young lady in the  easy manner and most consistent with her modesty and it will be hard to  confine her to the country since she desire to lie in town and you can hinder  her for the first do not confine her but she may go where she lease till the  second writ issue which can he have till Michaelmas term and there be no fear  of her be bring to bed immediate and she be mosely report Willing in the mean  time to give you any satisfaction and that any lady to be name in the order  may wait on her which will make the execution of the writ more easy be it  order therefore that the father in court consent for the daughter that she  shall come into the county of Middlesex by Michaelmas day in the mean time two  lady mention in the order wait on her at a reasonable notice and that Mr  Maurice give notice to the solicitor of the other side when she come to town  and where she be and that thereupon the writ issue to the sheriff of Middlesex  returnable the first day of next term mosely report de term S Michael in cur  porter Saturday November the that