anthony earl of Shaftsbury and John TREGONNELL on the part of sir John hannam  Bart a infant plaintiff Elizabeth hannam widow and mother of the say sir John  hannam defendant guardianship of a infant dispose by the father by deed to one  and by will to his mother the will be a revocation of the deed this bill be  bring for the guardianship of the body and land of the say sir John hannam  which the Lord Shaftsbury claim as great uncle to he and both he and the other  plaintiff Tregonnell likewise claim it by a DeedPoll make by sir John hannam  the say infant father and also that they and Anthony Lord Ashley and though  Penruddock Esq be appoint by a Act of this present parliament to manage the  estate of the say infant during his minority and that the earl have place he  at school at Shelton near Oxford the lady hannam his mother take he from  thence by force and intend to carry he beyond sea for prevent whereof he pray  a ne exeat kingdom and that the infant may be redeliver to which the lady his  mother by her cross petition answer and allege that the sole guardianship of  the child belong to her by the last will of her husband and that the custody  always remain with her till the earl of Shaftsbury when he be Lord chancellor  send a sergeant at arm to seize the infant but that she hear her son be bring  up in the house of a nonconformist where he be both hardly use and ill cloth  she go to see he and find he in a ill condition and consumptive she bring he  away without any force and have report tempt finch take he into her motherly  care and so justify the detain he and deny any intention of carry he beyond  sea but that she will give any security which can be require upon a ne exeat  kingdom and that in the deed by which the plaintiff claim the guardianship  there be a express clause that she shall have the education of the child which  deed be in its own nature revocable and therefore be revoke by the last will  of her husband she have a good Title to the guardianship the court declare  that in this controvert point for the guardianship of the infant the lady his  mother seem to have a great probability of law on her side and therefore  continue the guardianship with her until she shall be evict thereof by due  course of law and the rather because there do not appear to be any  misdemeanour or undue proceed in take the infant from school but because it be  insinuate by the counsel for the plaintiff that the lady hannam be a papist  which she utter deny therefore unless she will dispose her self to receive the  sacrament accord to the rite of the church of England before the end of the  next term and produce a legal certificate thereof the court will then consider  to remove the infant into such hand as may secure his education in the  protestant religion and far order that the say lady shall before Christmas  next enter into a recognizance in the penalty of pound condition not to send  or Willing permit the infant to be send beyond sea nor to be marry without  leave of the court and that until default of receive the sacrament as  aforesaid and give such recognizance the possession of the infant shall remain  with the lady his mother de bene be and she protect therein against all force  and violence report tempt finch er p