THat the Warren in Alborne Chaſe in Com. Wiltes, in the times of Rebelling was in a great meaſure deſtroyed by the Tenants of Alborne and others, which cauſed divers Suits between the Earl of Pembroke, and the Tenants of Alborne; but at length an agreement was made, that the Earl ſhould have 571 Acres of Land in lieu of Dudmore and Southwood Walks, which were by that agreement to be diſwarrened; and the 571 Acres were ſet out, and 240 Acres part thereof were ſet out by Hawles out of part of ſuch Lands as he had purchaſed of one Doyly, which he did to the end the •• reement might not be obſtructed; and afterwards Hawles by agreement with the Earl in October 1652. was to ••• e a Leaſe of the North-walk in Alborne Chaſe, and of all the 571 Acres ſet out and allotted to the Earl in lieu his Warren of Dudmore and Southwood Walks, part of Alborne Chaſe, which was to be diſwarrened to hold to Hawles for 99 years, if three lives ſhould ſo long live, for 1000 l. Fine, 114 l. and 300 couple of Coneys yearly • et, which Contract was entred in the Earls Audit Book, &c.

That Hawles in purſuance of his Contract made with the Earl, entred upon the premiſſes, and disburſed great •• ms of money in building and fencing thereupon, and diſwarrened Dudmore and Southwood Walks according to the •• reement, and injoyed the ſame five years and upwards.

That afterwards by agreement in November 1656. made between Norden and Hawles in the Earls preſence, ••• den was to have the benefit of Hawles's bargain made with the Earl before ſet forth, he making Hawles 500 l. a ••… ar gainer upon his own account, and this to be performed by Norden at Lady-day 1657. and the Earl by Hawles's ••… ſent promiſed to make a Leaſe to Norden as he ſhould have done to Hawles, and that Norden was to have no •• her or further agreement from Hawles, then what Hawles was to have had from the Earl, and that the 240 Acres 〈…〉 d no more of Doyly's Land was ſet out as part of the 571, and the reſt of Doyly's Land was let by Hawles by uſe to Gilbert at 55 l. per ann.

That Norden at Lady-day 1657. paid not the 500 l. yet at Michaelmas 1657. without Hawles's knowledge, pro ••… ed a Leaſe from the Earl of the whole Warren of Alborne, viz. of Dudmore and Southwood Walks, and alſo of 〈◊〉 North-walk, and not of the 571 Acres, whereby the firſt agreement was deſtroyed, and ſo Hawles his bargain • ith Norden defeated, and the Commoners of Alborne by Norden's planting Dudmore and Southwood Walks again • ith Coneys, which by the firſt agreement were to be diſwarrened, and by Norden's taking a Leaſe of the Warren ••… ly, the Contract as to the whole is voided and deſtroyed, and this was done by Norden out of a deſign to out 〈…〉 Hawles of his bargain, and to avoid payment of the 500 l.

That Norden inſtead of performing his bargain with Hawles at Lady-day 1657. did in the years 1658, 1659, and 1660. bring in the Names of the Earl and himſelf, at his own proſecution, againſt Hawles and his Tenants for •• oughing up the Warren, 17 ſeveral Actions at Law, beſides Suits in Chancery, when as Hawles never brought •• t one Bill in Chancery againſt the Earl and Norden, which was to have the agreement with the Earl performed 〈…〉 d the Cauſe came to hearing 17 Maii 13 Car. 2. before the Maſter of the Rolls, and by conſent of Norden and ••• les decreed, that Norden ſhould make Hawles 500 l. a clear gainer upon his own account; and afterwards Julii following it was re-heard by the Lord Chancellor, aſſiſted with Mr. Juſtice Twyſden and Juſtice Wyndham •• d by them confirmed; and ſince upon a Petition exhibited by Norden to the now Lord Keeper, and upon hearing • ounſel on both ſides, he ſaw no cauſe to alter what had been formerly ſettled.

That Norden inveighing the Gilberts, Hawles's Tenants by Leaſe of that part of Doyly's Land, for which they •• id him 55 l. per ann. and no part of the 240 Acres ſet out to the Earl, part of the 571 Acres, procured them to ••… torn Tenants to him; whereupon Hawles brought an Action againſt the Gilberts, and recovered Judgement •• ainſt them for 700 l. And the Gilberts by Norden's advice exhibited a Bill againſt the Earl, Norden, and Hawles. 〈◊〉 Hawles only anſwered, and the Cauſe was brought to hearing againſt him in May 1661. and then and by ••• ſequent Orders decreed, that the Arrears of 55 l. per ann. ſhould be computed and paid to Hawles according 〈◊〉 the Leaſe, and the Gilberts to pay the Arrears of rent, and to deliver up the Leaſe and poſſeſſion of Doyly's Land Hawles; and for not performing the Decree the Gilberts ſtand committed, but not to be taken becauſe Priviledged as Norden's Servants.

That Norden exhibited his Croſſe Bill, pretending that the former agreement was not in Iſſue in either of the •• rmer Cauſes; but upon full hearing and examination that Cauſe was diſmiſſed, for that the Suit was to draw in •• eſtion what had been formerly ſettled and decreed by conſent; and to examine the ſame Witneſſes over again in ••… e Croſſe Cauſe, was of dangerous conſequence, and tended to Perjury.

That notwithſtanding all this, Norden is ſtill in poſſeſſion of the whole, not only of the Warren Leaſed by the 〈…〉 l, but of all Hawles's Land purchaſed of Doyly; that is to ſay, not only of the 240 Acres ſet out to the Earl in • ompenſation of his Warren, but of the 55 l. per ann. Leaſed by Hawles to the Gilberts, and Hawles can have no • roceeding upon the ſaid recoveries againſt Norden in reſpect of his Priviledge.