A true Narrative of the CASE so much Controverted between Mistress Anna Levingston, Daughter to Sir Charles Caesar, and one of the grandchildren of Sir Peter Vanlore the elder, and Niece to the Lady Powel, and Wife to Thomas Levingston Esquire; and John Blunt and the Lady Sterlin his Wife, Sir Robert Crook and his Wife, Henry Alexander alias Zinzan and his Wife, and one Abraham Vandenbemde, and others; concerning the Estate Real and Personal of the Lady Powel, late Wife of Sir Edward Powel both deceased; with the rise, growth, and proceed of the Differences touching the same. SIr Peter Vanlore, the Father, 3 Car. being owner of Two thousand five hundred pounds per annum, and possessed of a great Personal Estate, did by Deed settle the Inheritance of part thereof (which is now controverted by the Lady Sterlin, Lady Crook, and Mistress Alexander, the 〈◊〉 Daughters of Sir Peter Vanlore the younger, Son of Sir Peter Vanlore the elder, now Petitioners in Parliament) upon his Daughter the Lady Powel; the rest between her and young Sir Peter Vanlore his Son, for their lives, and after to the Issue-male of his Son; and for want of Issue male of his Son to his Daughter Powel, and the issues of his Son (which are those three Ladies) and of his several other Daughter's children: Of which Daughters, one was the Lady Caesar (Mother of Mistress Levingston) an other the Lady Glemham, and the fourth, the Wife of John Vandenbemde, in several fifth parts, with an express Proviso, That if his Son (the Petitioners Father) or his Issues, shall any way by Suits, etc. disturb that settlement, that the Uses limited to him and his three Daughters the now Petitioners in Parliament should cease, and the Estate go to the other four parts. By his Will after his Legacies (whereof One thousand pound a piece was given to these three Petitioners) he gave all the residuum of his Personal Estate to the Lady Jacoba Vanlore his Wife and made her his Executrix 〈◊〉 ●●●●dren; yet he enjoyed it till his death, he dying (with 〈◊〉 Issue-male) the Estate limited to him, came between the Lady Powel and the grandchildren in Fifth parts, which she notwithstanding (the breach of the Proviso aforesaid) permitted them quietly to enjoy. And these Petitioners have at this day thereby, and otherwise; One thousand pound per annum of that Estate, besides their One thousand pound a piece Legacy, and other benefits. The Lady Vanlore was prevailed with, to make one Thomas Crump (than a Menial servant to Sir Edward Powel, whom he took of a Boy) her sole Executor, in trust for her Daughter, the Lady Powel, and that she should dispose of all that Estate (which was very great) at her pleasure, excluding Sir Edward Powel her Husband to intermeddle therewith, and died Anno 1636. Crompton was too soon gotten unto a good opinion with the Lady; and soon after a conspiracy was set on foot to procure a divorce between Sir Edward and his Lady, upon pretence of his incontinency with a lewd woman; a prosecution was thereupon by Crompton, and one Jane Bradbury, and Katherine Pretty, his Fellow Conspirators in the High Commission Court (which was not a little countenanced by the late Archbishop;) but Sir Edward cleared himself, and the Conspiracy was discovered and confessed by the Woman before her death, that was hired to condemn herself, that she might accuse Sir Edward Powel. The next work was to procure the Lady to live apart from Sir Edward Powel at Chelsey, where Crompton managed and disposed all her Estate at his pleasure; was become the Master of Coach, Footmen and servants; put what servants about her (of his poor kindred, and others) he pleased; purchased Land, Offices, and many Friends or Adherents with the Loan of these great sums of money he was entrusted withal. Then he fell to vex Sir Edward Powel with Suits (as a person trusted for the Lady Powel) at the Common Law, in Chancery, Court of Requests, and Council Table; 1641. amongst which, one came to hearing in Chancery, where his carriage was proved to be such, that the Lord Keeper, assisted with four Judges, held him not a person fit to be allowed to prosecute for the Lady Powel (in a Court of Justice) against her Husband; and for that only cause dismissed the Bill. Then he procured the Lady to make a Declaration of the Estate according to her power, unto other persons (engaged to him) as Sir Jo. Danvers, Mr. William Murrey of the Bedchamber, Secretary Nicholas, and others; to the end, that 〈◊〉 sue in their names, seeing he could not in his own, for the reason aforesaid, and did so to Sir Edward's great vexation, against whom he obtained in their names divers Process of Contempt, and Sergeants at Arms. 1642. Then he got from the Lady a Declaration under her Hand and Seal of her whole Personal Estate (being all the residuum, both of Sir Peter Vanlores the elder, and his Ladies, and her own) to his own use (after her death) which he kept Dormant all her life time, but prosecuted violently against Sir Edward Powel (to get part of it that was in his hands) yet always professed he was but a Steward for Mistress Levingston, to whom he said he knew the Lady Powel her Aunt intended all her Estate. In this time Sir Edward Powel several times got access to his Wife (when Crompton was in the Country) and divers means were used by him to obtain a reconciliation; which by means of Friends and godly Divines, was sometimes gotten for a while; but no sooner was Crompton returned, but it was broken off again; 1647. and in Anno 1647. it proceeded to an agreement under both their hands; but that also was frustrated by Crompton, and they separated again as soon as he returned and Sir Edward so prosecuted with Process of Con●●●●●● 〈◊〉 to ●ay 〈◊〉 of his Estate, (seeing they could not or 〈◊〉 〈◊〉 a Petition was prosecuted by Crompton and Kath. Pretty to the Lords Commissioners of the Great Seal for Alimony, (although they had that great Estate amongst them.) This brought Sir Edward Powel back again; and keeping himself private, besought the Lords Commissioners (by his Nephew Mr. W. Powel) That a Reference might be made to some persons of integrity and honour, to compose and end all differences between him and his wife; which was by their Lordships made to the Master of the Rolls, and Lieutenant-General Ludlow, who took pains therein, but through Crompton's default nothing could therein be effected. Sir Edward Powel thus miserably used and tired out with suits and troubles Crompton thought it time now to attempt him (by means of one whom he employed in his business) to join in a Fine with his Lady for settling her Real estate also upon Crompton; with promise of an end of his troubles, and the Land for his life, if he would so do. Which he abominating, and hearing also that his Lady was then ill, and himself through age not like to live long, became exceedingly desirous of a perfect reconciliation between him and his Lady, that they might (as he declared himself) die in peace and Christian charity: And therefore resolved to go himself to her to Chilsey where she lived (in a house which he had bought about thirty years since) and to employ his said Nephew, then, and yet a Justice of Peace, (upon whom he had settled most of his Estate) to assist him in the compass of that his intention; wherein he looked for (as he had always found) opposition from Crompton, Katherine Pretty, Jane Bradbury, and others, whom Crompton had placed about his Lady. In order thereunto Mr. Powel, by his command and authority under his hand, Sept. 3. on the 3. of Septemb. 1651. went to Chelsey to acquaint his Lady therewith, and to provide accommodations for his reception. At which time Mr. Levingston and his Wife were in the Chamber with her upon a Visit; but Crompton then out of the house, upon notice thereof came suddenly in and endeavoured with some violence to hinder Mr. powel's access to the Lady, which begat a scuffle between them: But at length she understanding of his being there, he was received by her into her Chamber; where having kindly entertained him, and heard his message, she told him she could not believe it, for that she was assured her Husband, his Uncle, was dead; (For so she had been made by Crompton and his Agents to believe, and he had entered upon the Lands which Sir Edward held for her life in her right:) But being undeceived by relation of the truth thereof, she in a very kind manner told him, That if her Husband pleased to come to her, he should be welcome: And afterwards desired him to persuade his Uncle to join with her in the settling of her Estate according to her own mind, (which before he would never be gotten to do.) Whereupon Mr. Powel returned; and Mr. Levingston and his Wife, at her desire, (as they usually did) stayed there that night, and the next day returned to their house at London. Mistress Levingston upon her return home, on Thursday Septemb. 4. found there a Letter directed to her from Sir Edward Powel (who till then had been much a stranger to him, not having seen him in above three years before, and never thought herself in his good opinion) acquainting her with his intention to go to his Lady, and wishing her to acquaint some of her Kindred therewith, which accordingly she did forthwith impart to Abraham Vandenbemde the Lady's Nephew; and the next day (being Friday Septemb. 5, 1651. Sept. 5. ) went again with him to her Aunt to acquaint her therewith; where the said Katherine Pretty did in her hearing (with great asseverations) affirm to the Lady that Sir Edward Powel was dead, and that she knew it to be so, and that the pretence of the contrary was but some trick to deceive her. In which confidence she continued, until that about five of the clock in the afternoon Sir being with her) retired herself out of a Gallery she was walking in; and after a little discourse, they fell into a great kindness, which afterwards begat a perfect reconciliation, complaining themselves to each other of the former unhappiness of their living apart; which kindness continued till the death of the Lady. Sir Edward Powel (who looked for Cromptons' attempt to remove him from his Lady again) caused his doors to be kept shut, and removed from his Lady the said Katherine Pretty, Joan Bradbury, Joan Oswale (Crompton's Niece) Thomas Southwick his Groom, and some others, whom he knew would join with Crompton to his prejudice, and who had been active in carrying away his goods to a great value out of his house, as soon as they heard of his intention to come thither: and caused them, or some of them, to be arrested by Mr. Crook the Under-Sheriff of Middlesex at his suit. Sir Edward Powel had much the more reason to remove these people (being all Adherents to Crompton, and disaffected to him, and to take care of his own security) for that he found in the house upon his entry several Evidences under Crompton's own hand, that he had been tampering with Sorcerers, and the like, touching the Calculation of Sir Edward's Nativity, and the time of his death, and found the Schemes and such like trumpery, which manifested that wickedness; and withal a Deed of Declaration, whereby Crompton had contrived to himself (after the Lady's death) all her Personal Estate aforesaid, wherein yet was a power of Revocation. Crompton and his Complices thus excluded, fall to practising how to get in again, and to remove Sir Edward Powel from his Wife per fas aut nefas. First, Abraham Vandenbemde (who for some rudeness on the Lord's day in Sermon time, and abuse to Sir Edward Powel, the Lady would not admit any longer) he gets to his party, and to become an Agent for him; seeing Sir Edward Powel refused to admit him, albeit he offered him his service, and threatened, if he denied him, he would adhere to Crompton; and Crompton sends also into the Country for the Lady Crook to act for him, whom she called Son, and he her Mother, as appeared by Letters under her hand. Sept. 6. Saturday six September, he procures Sir John Danvers (an old enemy of Sir Edward powel's, and a great debtor to the state with which Crompton was trusted, which he knew would be called in, if the Lady and her Husband agreed) to send a Warrant, late on Saturday night, to the Sheriff of Middlesex to summon a Jury to inquire of a forceable Entry on the fifth of September, and detainer of the House at Chelsey, before himself and two other Justices of the Peace, with a private Intimation to conceal the same from Sir Edward Powel, and Master Powel his Nephew (although it were meant of that Entry of Sir Edward powel's into his own House, and to his own Wife as aforesaid.) And on Monday morning the Jury appeared, Sept. 8. and an Indictment was accordingly preferred against Sir Edward Powel, and his Nephew Master Levingston and his Wife (who were casually there that day, upon a visit with the Lady in her Chamber, and others) prosecuted by Crompton and his Complices (whom Sir Edward had turned and kept out of doors as aforesaid) and after a full Evidence to the Jury, who knew the credit of the Witnesses, being upon the place, and the business managed by eminent Counsel on the prosecutors part, no force was found either as to Entry or Detainer: At which time the Lady hearing of the Justice's meeting, and of the scandal raised against her Husband, of using her ill, in keeping out her servants against her will, and the like, caused Mr. Levingston in the presence of several persons to write a Declaration from her (who then was in Physic, and could not stir abroad) in testimony of the contrary, and in approbation of what was done; which she put under her hand, and sent to the Colonel was made acquainted therewith from Sir Edward Power. Next he attempted (for rewards) to engage some of his Highness (than Lord Generals) Lifeguard, to quarter there and be instrumental to his purpose; wherein by a security from his Highness under his hand and seal, that purpose of his was also frustrated. Afterwards upon an old sleeping Contempt in Chancery (which was discharged) he unduly got Process to a Sergeant at Arms, hoping that way to get Sir Edward carried away: But Mr. Serjeant Middleton discerning the practice, continued him a Prisoner with a Keeper in his own house, until the Lords Commissioners met, who finding the abuse discharged him. These practices caused Sir Edward Powel to entertain a servant or two more then formerly he had in his family; both to secure himself from such attempts of Crompton, and to keep out his Complices, whom he found to be the Lady Crook and Vandenbemde (now deeply engaged with Crompton) Kath. Pretty, Joan Bradbury, and some others; but free access was admitted to all others (as her Physicians, Apothecary, and divers of her Friends and other Visitants) save such as were known to adhere to Crompton. The Lady now perfectly reconciled to her husband (and that expressed by their receiving the holy Sacrament together) and much complaining of the great wrong and abuse she had suffered by means of Crompton and his Complices, particularly that they had carried away most of the goods out of her house, and declaring herself that she was glad those servants were gone, (for she meant to put them away at Michaelmass) began to think of settling and disposing of her Estate. Mrs. Levingston (her Niece and God-daughter) was then with her, as she frequently was at other times, took care of her (with much duty and pains in her sickness) was the only person of her Kindred whom she shown any tenderness of affection unto. With Mrs. Levingston she often resided both in the Country and at London, took special care of her from her childhood, and promised her Mother (the Lady Caesar) on her deathbed, That (if she had no child of her own) she would make her her heir, and often after declared the same, and that she loved her as her own child. About thirteen days after (having prevailed with Sir Edward Powel to join with her in a Fine of the Devises Park in Wiltshire, Sep● and that Fifth part whereof her Father had given her the Inheritance) she caused Mr. Justice Warburton, one of the Judges of the Common-Pleas, to be entreated to come to her to Chelsey to take the acknowledgement thereof, which accordingly he did; where were present with the Judge Mr. William Gardiner (the Deputy-Secondary of the Common-Pleas) Mr. Thomas Haughton (Clerk of the Fines) and others, whom she kindly entertained with a Banquet, and cheerful expressions at their parting. She likewise about that time (having revoked the Deed which Crompton had gotten of her Personal Estate) sealed another to the like purpose to Mistress Levingston her Niece, charging it with several payments after her death, and other dispositions in the nature of a Will; and both she and Sir Edward Powel her husband sealed an Indenture declaring the Use of that Fine (of part after her death, and of other part after the death of her and Sir Edward Powel) unto Mrs. Levingston and her heirs. Which Fine and Deeds being now complained of to be gotten while the Lady was under a force, and by practice with Sir Edward Powel; it is remarkable that the force was invisible to the Judge and his Attendants (as they have often testified and deposed) and Sir Edward Powel was not in any thing bettered by the Fines or Deed, having no other Estate limited to him thereby then an Estate for his life, in that part wherein he had so before the Fines levied, and was gains in nothing thereby but in the 〈…〉 g●●● 〈…〉, and 〈…〉 October used, and 〈◊〉 year after Sir Edward Powel died also. No sooner was the Lady dead, but strange practices were set on foot (by the potency of Cromptons' purse) who (as Executor to the Lady Vanlore, in trust for the Lady Powel, and as manager for her) had all that great Personal Estate in his hands, and all was to wrest from Mistress Levingston, both the Real Estate settled upon her by the Fines aforesaid (by a Prosecution in the names of the Lady Crock, Lady Sterlin, and Mistress Zinzan, as her Heirs at Law) and the Personal Estate entrusted as aforesaid (by an old obliterated Deed which Crompton set on foot, as made to himself for his own use in Anno 1642. long before that which himself had caused to be made with power of Revocation, and which was revoked as aforesaid.) And by colour thereof, he detained the same to his death, and so doth yet Jean Oswald his sister and Administratrix (who was the Widow of one Oswald, Sir Edward powel's Coachman) Mistress Levingston not having been able through manifold delays to bring her cause to heating for the same in Chancery. First, A Proviso was (by the procurement of Sir John Danvers and some other debtors to the Estate, with which Crompton was trusted) gotten to be inserted into the Act of Oblivion, amongst the huddle of Prouisoes that came in together at the last passing of that Act, exempting from pardon Any offence that shall or may be made appear in the obtaining of any Deed or Fine from the Lady Powel in the month of September, 1651. Which was done purposely, and by design to cast an aspersion upon Mistress Levingstons' Title to the said Estate, and to make way for that which followed; seeing that no Petition or Complaint had then been in Parliament against these Fines or Deeds, and the Act itself (in the Body of it) d●d not extend to pardon any offence committed within that time, wherein the said Fines were levied, and Deed sealed. Secondly, And in Michaelmas Term, 1651. before the said Fines, and the Proclamations thereupon were past, Complaint was made in the Common Pleas (by the said Coheirs) against them as gotten by force, fraud, and practice, to the end to stay the perfecting thereof, and such was the earnestness of that prosecution and the Affidavits of Crompton his Complices, that one of the Judges began to resent ill the obtaining of them; but after, at least sixteen days Examination, both of matter of Fact, and matter in Law, and of at least fifty Witnesses in that Michaelmas and Hillary Term after, the said Fines were by all and every one of the Judges of that Court, and (as they declared after Advice taken with all the rest of the Judges of England) finally ordered to be proceeded in, and perfected: As by the Records of that Court appeareth in these words, viz. ●ary, Feb. 1. THe justices here upon Consideration and Advisement had touching the said Fines, and the Matters complained of against the same, Do this day declare their Opinions, and do order, that all former Rules for any manner of stay in perfecting the said Fines, or the Proclamations thereupon be discharged; and that the said Fines be proceeded in and perfected together with the said Proclamations, any former Rule to the contrary thereof notwithstanding. By the Court. Thirdly, That in Hillary Term an Indictment was preferred for a Riot in Mr. powel's coming the third of September from his Uncle to speak with the Lady Powel (when he was opposed by Crompton as aforesaid) and by making Master Levingston and his Wife (who were never out of the Lady's Chamber) and all other (save the Complices of Crompton) Defendants, and their Testimony being thereby taken away; and Crompton, Pre●●● Bradbury, Oswald, and the rest Fourthly, And the same 〈◊〉 〈◊〉 (notwithstanding no 〈◊〉 〈◊〉 found by the Jury upon the place, and immediately upon the Entry of Sir Edward Powel as aforesaid) yet another Indictment of Forceable detainer was preferred by Crompton against Sir Edward Powel, Mr. Levingston and his Wife, Mr. William Powel, and about twenty others (who were all that were in the house, or had relation to it) and about four years after, Sir Edward Powel being de●d, and the Title of the house not then known to the other Defendants, a Verdict upon the Testimony of the same persons was gotten against Mr. Powel, and Mr. Levingston and his Wife, who justified (Mr. Powel under the Title of his Uncle, and Mr. Levingston and his Wife by the invitation of the Lady Powel) and all the rest acquitted. This happened by a neat trick of Cromptons', who now that Sir Edward Powel was dead (who could have cleared it) gave in Evidence a Title to himself in that House, by virtue of a Fine which Sir Edward Powel had levied (to Bar an Entail above Six and twenty years before) unto Crompton then a youth in his service, and to Master Blake (afterwards Sir William Blake, his Scrivener) both of that house, and all other his Lands in Middlesex, and which was merely in trust for himself, and the Lands, notwithstanding always afterwards enjoyed by him and his Wife, and settled by him upon his Nephew in marriage; which propriety of Cromptons' (in point of Law) made the Detainer by Sir Edward of the House (though his own in Equity) illegal, and so begat that Verdict. Fifthly, To make all sure, than the life of Mistress Levingston was struck at, April. 1652. and an Indictment was preferred against one Joan Peterson, suggesting that she (by the procurement of Mistress Levingston (who yet was made no party to it) had bewitched the Lady Powel to death, upon which Peterson was tried and acquitted. Howbeit upon another Indictment for bewitching one ●●●●son a Seaman (who was hid in a Chamber, and found alive two months after, and verified by Doctor Scarborough, and other learned Physicians, to have languished of nothing but a sickness in nature of a Calenture, and had been under the hands of Physicians for cure, eleven months before Peterston knew him) that poor woman lost her life; and Vandenbemde and others were heard to say, That had it not been to strike at Mistress Levingston life, she should not have been prosecuted for that: And Vandenbemde further confessed, That he, Sir Robert Crook, and others the grandchildren of Sir Peter Vanlore, had made a Covenant and bound it with an Oath, to live and die together in the prosecution of Mistress Levingston, or else to have the said Estate from her. Sixthly, June. 1652. An Indictment was by the Conspiracy of Vandenbemde (and whereof he hath been since convicted) preferred against Mistress Levingston herself, suggesting, That she had poisoned the Lady Powel to death, whereof she was also acquitted: Dr. Bates, Dr. Goddard, Dr. Cullidon, her Physicians, Mr: Faucout her Apothecary, Mr. Stamford and Mr. Page the Surgeons that dissected her, having testified upon their Oaths, That the said Lady Powel's death was from natural and common diseases, the Dropsy, Scurvy, Jaundice, and two Cancers in her Liver, and not from any preternatural cause. Seventhly, Yet (from the same malice) was there in Trinity, 1652. Trinity 1652. another Indictment preferred against Mistress Levingston, and others, suggesting, That she by Sorcery, Witchcraft, and Love-powder, and other unlawful means, so obtained the love of the Lady Powel, that she settled her Estate, both Real and Personal upon her; and was by those unlawful means wrought upon, and procured to levy several Fines, and execute several Deeds for that purpose; 〈◊〉 otherwise she would not have done. This Indictment being traversed 〈◊〉 special Jury returned for Trial thereof the Pros●cutors (which were 〈◊〉 〈…〉 of Perjury to be framed against two of his own Witnesses first produced by himself, and only cross-examined by Mr. Levingston, but thereby discovering his and Vandenbemde's foul practices & conspiracies, viz. One against Tho. Green, for swearing (as was pretended) that Vandenbemde put on a Scarf upon one Margaret Austin (a Beggar) when she went to give Evidence at a Trial against Mr. Levingston) to make her appear a more considerable person than she was: Whereas it was confessed and proved that he did put on such Scarf at another time, and so the question was only of the point of time; and three of the Jury who tried that Cause, did depose, that they did not apprehend that he applied it to any time certain, nor did regard it so; yet a Verdict was given against the said Tho. Green, with which the Chief Justice Roll declared himself to be so ill satisfied, and the man to be wronged, that he would impose no imprisonment or other punishment on him, save some small and inconsiderable Fine for form sake. The other against one Mary Gibbs, his the said Crompton's own Witness in Chancery, (and only cross-examined by Mr. Levingston) for deposing that one Tho. Collet, Crompton's Solicitor, was at such a time at a Tavern with Mr. Vandenbemde etc. Which although it was also deposed by oath, yet Crompton at the Trial produced another very like Collet, and gave testimony to the Jury that it was he, and not Collet; whereupon a Verdict was gotten, to the dissatisfaction also of the said Lord Chief Justice Roll, as he openly declared. In the interim the Lady Crook, Lady Sterling, and Mrs. Alexander, (who have acted all along with Crompton, and he in Parliament with them; and some of them, if not all, agreed to share with him the Estate, and make a prey of Mrs. Levingston) have been Petitioners in several Parliaments, and with Crompton's purse, and his solicit and Witnesses, have put Mr. Levingston to infinite expense before several Committees, even to the exhausting of the Estate given to Mrs. Levingston: But in Michaelmas Term 1655. finding their Error in complaining to the Parliament in matters remediable (if at all) by the ordinary course of Justice, they did exhibit their Bill in the High Court of Chancery against Mr. Levingston and his wife, setting forth all the force, found and practise supposed to have been in obtaining the said Fines and Deeds, and praying relief against the same; there (after a long Debate by Council on both sides, and after a time taken and advisement had by the then, and now Lords Commissioners of the Great Seal of England) that Court declared. That they were fully satisfied that there was no such fraud or practice charged whereupon that Court could ground a Decree; and thereupon the said Bill was dismissed, that Dismission being signed enrolled and exemplified under the Great Seal of England. And so the Judgement of both the Great Courts of Law and Equity being passed therein, and above five years' possession (after those and several other Fines levied and Recoveries had of the premises) Mr. Levingston and his wife, for payment of their Debts by them contracted (by the vexatious suits aforesaid) in defence thereof, sold the Lands to several Purchasers for full and valuable consideration. And after all this, (And although the very words of their Bill in Chancery be, and the truth is so, That it is the proper object of a Court of Equity to give relief against all Conveyances obtained by practice, fraud and conspiracy by ordering the parties to make a Reconveyance, and enjoining the Cognisees of Fines and all claiming under them or such Deeds, not to give the same in Evidence;) 〈◊〉 the Judgement of that Court hath passed thereupon as aforesaid: Yet have 〈◊〉 said Lady Crook and her sisters again exhibited another Petition in this Par●●●●●●t against the said Fines and Deeds, upon the same suggestion of force and 〈…〉 ●e obtaining thereof