Reports or causes in Chancery collected by Sir George Cary, one of the masters of the Chancery in in [sic] anno 1601, out of the labours of Master William Lambert ; whereunto is annexed the Kings order and decree in Chancery for a rule to be observed by the chancellor in that court, exemplified and enrolled for a perpetuall record there, anno 1616 ; together with an alphabeticall table of all the cases.

Reports or causes in Chancery collected by Sir George Cary, one of the masters of the Chancery in in [sic] anno 1601, out of the labours of Master William Lambert ; whereunto is annexed the Kings order and decree in Chancery for a rule to be observed by the chancellor in that court, exemplified and enrolled for a perpetuall record there, anno 1616 ; together with an alphabeticall table of all the cases.

Table of contents

Title page

THE TABLE.

A

B

C

D

E

F

G

H

I

L

M

N

O

P

R

S

T

U

W

Reports in Chancery.

The Kings Order and Decree in Chancery for a Rule to be observed by the Chancellor in that Court exemplified and enrolled for a perpetuall Record there. Anno 1616.

§

§

[Page]

[Page]

Reports or Causes IN CHANCERY, Collected by Sir GEORGE CARY one of the Masters of the Chancery in in Anno 1601. Out of the labours of Master William Lambert.

Whereunto is annexed, the Kings order and decree in Chancery, for a Rule to be observed by the Chancellor in that Court, exemplified and enrolled for a perpetuall Record there. Anno 1616.

Together with an Alphabeticall Table of all the Cases.

LONDON, Printed by E. G. for W. Lee, D. Pakeman, and G. Bedell. Anno D. 1650.

THE TABLE.

[Page]

[Page]

A

A.

Fol.

ATturnament denyed but in some Cases,

4

Action of the Case seeketh damages, Subpoena rem ipsam

20

Abating a Bill,

22

Archbishops Certificate taken for proofe,

26

Amending of answers,

30

A guardian admitted to an infant,

38

Attachment against the defendant, and Subpoena against the bearer,

38

Attorney enjoyned not to proceed at Law,

40

Injunction (si ita sit)

42

Attorney ordered not to proceed, and yet the defendant proceeds,

44

Award made by Justices of Assize to be performed,

47

Advowson passeth not by livery within view without deed,

52

Attachment [...]or no [...] performing a decree,

53

A yeares value allowed for surrender of Coppyhold land,

54

A Master and examinor examined witnesses in the Countrey,

66

Affidavit for leaving a Subpoena at the defend. lodging,

69

Attachment discharged, and a Bill of perjury put in,

72

Attachment upon the defendants confession he was served,

73, 81.

An English Bill for perjury,

75

Attachment for not appearing,

76

Attachment with Proclamation discharged paying the Fees,

78

[Page]Attorney enjoyned in Court not to proced at Law,

80

Affidavit that he saw a Subpoena served, Attachment,

80

Attachment against a wi [...]nesse served to testifie,

80

Attachment upon oath [...]efo [...]e the Bayliffes of Mountgo.

84

Attachment upon oath before the Major of Totnes,

85

An action against a drunken mans words seekes reliefe, dismissed,

93

Atta [...]hment discharged by supersedeas,

94

Assumpsit referred to the common Law

97

Attachement for breaking an Order in Court

103

Attachment upon Oath before the Portrive of Minxhead

103

Attachment discharged paying the plaint. 10 s.

104

Award ordered to be performed

106

Attachment for not appearing

110

Attachment in putting in Demurrer instead of an Answer

110, 111

Attachment against witnesses served to testifie

111

Attachment for costs

113

B

B.

Bailment countermanded

9

Bringing in of Evidences into Court

16

Bringing in an obligation to be cancelled

17

Bill against a Court roll entered indirectly

55

Bill of revivor without cause payeth costs

ib.

Bill against Roger Hall and another, R.H. served, must shew it by plea

61

Bill of praemunire proceeded in here

63

Bond of such as appeare upon contempt to attend a die in diem

70

Bill for reliefe after execution dismissed

76

Bill upon a promise to dry clothes dismissed

ib.

Bond put in suit for not sealing a release stayed by judgement

78

Bill dismissed, the counsellors hand being counterfeited

82

[Page]Bill for 6 l. dismissed.

83

Bill without a Councellors hand dismissed,

89

Bill for tuition of an infant,

96

Billet in Paper and no Bill in, costs,

100

Bayliffes of corporation not compellable to make a Lease promised,

102

Bond put in suit for not performing an award stayed by Injunction,

104, 105

C

C.

COndition to undoe estates in Lands,

1

Copyholders reliefe in Chancery,

3

Copyhold devise,

6

Copyhold forfeited,

6

Cefti quae use, remedy here,

11

Copartners to joyne in plea,

15

[...]nuzees fraud holpen,

18

Copyhold tailed,

21

Contents of a Mannor, as it was 60 yeares past,

24

Coppy good by devise without mention of surrender,

25

Commission to examine witnesses,

40

Costs for want of a Bill, the Subpoena lost,

74

Clerke fined for his mistake in a Subpoena,

77

Contempt discharged, and a new Commission,

79

Costs upon oath before the Major of Totnes,

80

Costs for prosecuting contempts, and none proved,

82

Costs upon a Billet delivered to a Brother,

83

Commission to take answer,

83

Commission to examine in perpetuall memory,

85

Commission, warning given but to one defend.

91

Costs for a witnesse served to testifie,

97

Commission to answer a demurrer returned,

100

Councellor not to be examined,

100

Costs for want of a Bill,

101

Commission of rebellion for non payment of costs,

105

[Page]Costs for want of a Bill, the Billet lost,

10

Commission to take answers, being 70. years old,

108

Councell to attend concerning an award,

108

Costs allowed the defend▪ in a Commission of rebellion,

109

Costs for want of a Bill, the Billet lost,

109

Commission to examine in perpetuall memory,

110

Commission to prove the receipt of rents, &c.

111

Costs in a demurrer, & the Councellor forbid to practise,

27

Cuttings case lands conveyed to two of the six Clerkes,

29

Costs for making Attachmennt before Bill in Court,

33

Commission to examine in perpetuall memory,

34

Costs for a witnesse served to testifie,

35

Commission to take answer upon a languidus returned,

36

Commission to put the plaintant in possession.

38

Commission to the examinor of the Court to examine,

43

Certiorare to the Chancellor of Durham,

48

Commission of Rebellion, how the bonds to be taken,

50

Covenant to repaire a house, a demurre, but ordered to answer.

59

Costs and Attachment for serving a Subpoena indirectly,

61

Costs to witnesses, served to testifie,

62

Costs for want of a Bill,

69

Costs in comming up to make Affidavit for impotency,

72

Costs for want of a Bill,

72

Commission to set out wayes and passages.

75

D

D.

DIscharge himself of a Bond 7 s. & modis

14

Deeds brought in Court,

19

Defendant examined as a witnesse,

21

Decree against infants,

30

Deeds how to be proved,

31

Defendant enjoyned not to proceed at law,

38

Demurrer and not in person, ordered to make direct answer

40

Defend. appeating gratis, Attach. being out is committed,

41

Defend. served with Subpoena the day of the returne,

41

[Page]Decrees entred at large,

43

Defend. examined upon interr. to end the cause,

45

Defend. dismissed, the plaint. not appearing at the hearing,

45

Defend. to acknowledge satisfaction,

45

Decree for a fould-course,

46

De vilaica removenda, and Injunction for a personage,

51

Decree for 3 s. 4 d. rent, and suit of court,

51

Ducens tecum for deeds to be delivered to the Usher,

53

Defend. took a Commission, and returned a demurrer,

53

Def. executors to answer profits taken by their Fathers,

64

Defend. licensed to depart after issue,

67

Defend. in a Bill of perjury, is to be examined upon inter.

68

Defend. hath no costs, because the Subpoena is lost.

69

Defend. disclaiming, no witnesses to be examined,

69

Def. bound to pay money at one place, tenders in another,

70

Demurrer to a Bill of revivor ordered to answer,

70

Def. demurres for that there is remedy at Law, to answer,

71

Decree for Coppyhold lands,

74

Dismissed being under 40 s. per annum,

74

Day given to the Sheriffe to returne an Att [...]chment,

77

Defend. demurred generally ordered to answer,

87, 88

Defend. stayed by Injunction from pulling down roomes,

90

Dumb man not to answer upon Subpoena,

93

Defend. wife examined as a witnesse,

94

Deeds neglected to be inrolled Sub. to shew cause why not,

97

Decree for the plaintant, and yet put out of possession by the defendant,

104

Defend. departing without license, an attach. against him,

104

Def. discharged of the Attach. the Sub. being counterfeit,

104

Defendant licensed to depart after answer in a Writ of the priviledge,

106

Defend. committed for a rescue, brought his action for a false returne,

92.106

Demurrer without shewing any cause, ordered to answer,

107

Debt for 5 l, dismissed,

108

[Page]Dismission for that they have bin in possession 100. years,

110

Day given to defend. to rejoyne,

111

Def. not to answer till a counsellors hand be to the Bill,

112

Dismissed the lands being under 40 s. per annum,

112

Demurrer generally ordered to answer,

113

Defend. charged upon account shall not answer, upon promise shall,

113, 114.

E

E.

EXtents Law, no reliefe in Chancery,

5

Equitas sequitur legem,

11

Executor not to release without his copartners,

15

Executor not to answer without his copartners,

15

Executors how upon trust,

21

Executors husband ordered to pay debts,

24

Entring decrees and dismissions,

34

F

F.

FInes, recoveries, &c. the Lord Chancellor will not question,

4

Feoffees to use,

10

Feoffee dying, no remedy against his heire,

10

Feoffee shall doe acts for the feoffors good,

10

Fraud in goods,

18

Feoffee to retain the Land to his own use,

11

Fraud upon fraud,

13

Feoffee punishable for makeing estate,

13

Forced to sue an obligation,

15

Fines fraudulent,

20

Fines of Copyholds,

27

Fraud by making a Lease after a feoffment, and before livery and seizin,

82

Feme sole sueth out a Subpoena, and the same day is married, dismissed with costs,

98

Feme covert whose husband is in the Gallies, must answer matter of equity,

100, 101

[Page] Feb. 20. Dyed Sir Nicholas Bacon. 12. April, Sir Thomas Bromely had the seale delivered,

108

Feme covert sueth for maintenance,

87

G

G.

GIving day to one, it shall help the other,

1

Greater part of debt paid, and the rest offered reliefe here,

2

Goods of felons difficult to prove, a Subpoena,

15

Grand lease forfeited by coven, reliefe for it,

18

Generall customes reduced to certainty,

21

Grantee distraines one, ordered to sue the rest,

23

H

H.

HElp against executors.

12

Heire of purchasor to pay money behind,

25

Husband appears and demurrs, the wife not, Attachment,

39

Husband appears the wife not, Attach. against them both,

65

Habeas corpus to the warden of the Fleet, to have the defend▪ in Court to be charged with a debt,

71

Heire sued to make a lease, for which his elder brother took a fine, or to repay the same.

77

I

I.

JUdgement not to be examined here,

3

Iuramentum delatum a part [...]

11

Intent specified in a feoffment,

11

Justifying the detaining of evidences,

16

Joyntenants one taking the profits,

21

Judges called into the Exchequer Chamber about a lease,

32

Injunction to deliver goods,

34.61

Injunction to stay proceedings at Law,

36

Injunction for possession as at the time of the Bill,

36

Jurisdiction of Wales, rejected,

36

Injunction to stay suite according to promise,

37

Injunction with a clause (si ita sit)

37

[Page]Injunction for not appearing, and to stay suits,

40

Injunction to discharge execution,

41

Injunction for possession,

45

Injunction for possession, as at the Bill, & 3 yeeres before,

47

Injunction upon Certificate of Justices of Assize,

49

Injunction dissolved, if cause be not shewed,

49

Injunction because the defendant began first in Chancery,

50

Injunction for Corne sowed upon a Lease paroll,

51

Jurisdiction of Oxford rejected

55

Jurisdiction of Lancaster alloweds

56

Injunction disobeyed, an Attachment,

58

Jurisdiction of Chester allowed,

59

Jurisdiction of Oxford allowed,

65

Jurisdiction of the Exchequer rejected,

67.68

Injunction against the spirituall court,

73

Jurisdiction of Oxford allowed,

73

Jurisdiction of Wales allowed,

74

Injunction to stay Judgement in an action of waste,

76

Injunction to stay suits, because the Queene was not paid her fine,

77

Jurisdiction of Chester allowed,

82

Jurisdiction of Wales allowed,

84

Injunction for defrauding the Queene of her fine,

85

Jurisdiction of the Mannor of Woodstock overruled,

85

Jurisdiction of Wales overuled,

89

Jurisdiction of Wales admitted,

92

Jurisdiction of the North allowed,

95

Jurisdiction of the Exchequer disallowed,

96

Jurisdiction of the Dutchy of Lancaster allowed,

97

Jurisdiction of Wales not allowed for a promise,

99

Injunction left at the defendants house, and disobeyed an Attachment,

101

Jurisdiction of Wales allowed,

102

Injunction to stay suit at common Law,

105

Jurisdiction of Chester allowed,

109

[Page]Injunction to stay suit at common Law,

112

Injunction to stay suit of Quo Minus in Exchequer,

113

Injunction to stay suits at common Law,

113

L

L.

LEases dammages in waste moderated,

2

Lease in paroll, no help in Chancery,

7

Lease for 1000 yeares, no help,

8

Lands sold in two Counties, livery made in one,

17

Leassor to have the woods, excepting fireboot, &c.

17

Leases devised to his wife, to come to his sonne,

22

Leases conveyed in trust to pay debts,

25

Lease paroll, no help,

27

Lands intended for a Schoole, otherwise given by will,

28

Leases of corporations, their names mistaken,

31

Leases holpen against Patentees,

32

Leassee of a Copyholder punishable in waste, though the Copyholder himselfe be not,

63

Lord Chancellors Letters to a Noble man, that had broken a decree to performe the same.

73

Leassee not named in the premises, decreed,

86

Liberty for a common Fishing,

104

M

M.

MUlier and Bastard,

4

Marriage portion recovered and reversed, holpen,

8

Money given to buy Lands,

10

Money paid upon a single Obligation,

17

Messuage cum pertin. carries the Land used with it,

18

Mannor demised, except court Baron,

18

Mulier and Bastard Joyn,

20

Misdemeanor in Courts reformed,

30

Man and wife plaintants, she dyes; no Bill of revivor, but he must answer,

62

Money paid for a reversion which could not be enjoyed ordered to repay it,

93

N

[Page]

N.

NVdum pactum, no help here,

5

No reliefe against his own deed,

14

No seizin of rent-seck, no help here,

5

No reliefe against a voluntary act,

21

No help touching power to make Leases,

29

No witnesses to be examined till the defendants have put in their answer,

93

No costs upon a disclaimer,

109

New Commission to examine witnesses not appearing at a former Commission,

111

Not to extend one mans Land onely, where many are subject,

111

New Commission to the defendant, and publication staid,

112

O

O.

ONe Deed by which two claime,

15

Oath for serving a Subpoena before witnesses examined in perpetuall memory,

34

Order for evidences,

43

One Executor sueth the other, to put in sureties to perform the Will,

79

One Executor gets the estate and dyeth, the other sueth his Executor,

86

One Subpoena against two defendants, and two Bills put in, ordered to answer both,

87

P

P.

PAyment after the day holpen upon bonds,

1

Payment without acquittance,

2

Purchasor of parcell, not subject to the whole rent charge,

2

Possession sororis for the heire collaterall,

5

Possession of the Mother, for the Heire collater.

6

Payment of creditors out of a Coppyhold,

7

Perpetuities no help,

8

[Page]Purchasor better then a surety in case of reliefe,

13

Power to make Leases,

21

Payment by the surety,

19

Possession bound by decree,

23

Plaintant mistaking his Title in his Bill,

24

Proceeding where there is no proofe,

25

Publication of witnesses in perpetuall memory a yeare past,

33

Publication of witnesses to be used in a Court Baron,

35

plaintant in execution at the suit of the King, delivered by supersedeas;

39

Plaint. bringing 223 l. in Court, execution to stay for the rest,

47

Plaint. distraineth after replication, therefore an Injunction

48

Plaint. in execution upon Statute, delivered upon recognizance,

50

Plaint. to take execution for 100 l. of a Judgement of 300 l.

51

Plaint. married before answer, no Bill of revivor,

52

Plaint. sueth for tokens delivered as a suitor in marriage,

54

Prosecuting contempts after a generall pardon payeth costs,

56

Plaint. to make one a party, whom the defendant prayeth in ayde,

57

Plaintant requires one to appeare in the Queens name, costs,

68

Prohibition for Tythes of Lands held in capite,

79

Plaint. enters upon the defendants possession, an Injunction or dismissed.

98

Prohibition for tythes, parcell of the Dutchy of Cornewall, consultation.

98

Perjury for making oath, one of the same name sued and discharged,

99

Plaint. to shew where he had his counterfeit Writs,

107

R

[Page]

R.

RAvishment de guard, a Subpoena,

9

Release of Joint feoffee,

14

Reliefe for a trust upon a Lease,

76

Rent reserved and paid▪ the heire ordered to pay it,

92

Rent charge upon severall men Lands, and levyed upon one, an Injunction is granted

22

S

S.

SUing in a wrong County, ayde for the plaintant here,

2

Statute Lands, priority sans coven.

8

Survivor in joynt Tenancy,

9

Suer [...]y, chargeable, and not in some cases,

12

Supply of true meaning in feoffments,

16

Statute acknowledged in my name,

22

Statute for charitable uses,

28

Subpoena to appear before the Major of London,

43

Sheriffe amerced for return. non est inventus,

44

Setting down depositions in a wrong sence,

47

Subpoena delivered to the defendants wife,

54

Subpoena hanged on a dore, where the defend. resorted,

56

Suit to have the defend. performe an award,

57

Subpoena to testifie Attachment for not appearing,

61

Soliciter served to testifie ordered not to be examined,

62

Soliciter served to testifie is discharged,

63

Suit to have an award decreed,

64

Suit for common of pasture,

64

Subpoena delived to the defendants servant,

65

Suit retained after Judgement and execution,

74

Subpoena delivered to the defendants wife,

78

Suit for 10 s. rent per annum dismissed,

80

Suit for a hawke, and evidences dismissed,

82

Suit stayed in the Kings Bench, removed from London,

83

Suit for common,

83

Svbpoena served within two dayes of the Termes end;

88

[Page]Soliciter ordered to be examined with caution,

89

Subpoena left in the defendants Hall, Attachment,

91

Server of a Subp. imprisoned, attach. against defend.

91, 92

Subpoena shewed and offered, attach. for not appearing,

94

Suit upon a promise to surrender a Lease, dismissed,

95

Subpoena to testifie where no suit is, discharged,

95

Subpoena cautiously served, attachment against the plaint.

96

Suit for Hay, &c. not worth 40 s. dismissed,

103

Suit for poor under 40 s. per annum retained,

103.107

T

T.

TEnant right fines how paid,

6

Things left to the conscience of the party,

12

Tenant of the land uncertaine, a Subpoena,

16

Tenants in common to know the certainty,

16

Turning of water courses,

26

Two contend for a tenant, the Tenant paying his rent in court,

46

The server of a Subpoena payeth costs,

64

Trustee to convey the Lands according to the trust,

67

Two joyntenants, the one dies, the other to make estate,

81

Two executors exhibit two Bills, answer one the other dismissed,

88

U

U.

VOyd limitation del Lease in volunt.

9

Uses of Gavelkind land,

11

Vendee against one appointed to sell him Land,

14

Variance in a Bill of revivor from the first Bill disallowed,

55

W

W.

WArranty Collaterall, no remedy,

5

Wager of Law, no help,

5

Where remedy at Law, no help here,

15

Waste holpen here, and no remedy at Law,

19

[Page]Waste forbidden here, and not punishable at Law,

26

Witnesses ad informandum conscientiam,

27

Witnesse served to testifie, pressed for a Souldier,

41

Writ of priviledge granted to a Sutor,

43, 44

Witnesses examined before answer,

48

Witnesses examined by fraud suppressed,

56

Witnesses taken after publication ad informand. conscien.

58

Wife after the death of her husband, sueth a Bill of revivor,

70

Witnesses that answer insufficiently, againe examined,

81

Witnesses examined in perpetuall memory, moved to use their testimony,

88

Witnesses examined before the Towne Clarke of York suppressed,

91

Witnesses examined, 1. and 2. P. and Mary ordered to prefer a Bill for publication,

94

Witnesse not able to travell discharged,

99

Writ of priviledge disallowed,

102

Reports in Chancery.

[Page]

IF a man be bound in a penalty to pay money at a day,Payment after the day upon bonds holpen. and place, by obligation, and intending to pay the same, is robbed by the way; or hath intreated by word some further respite at the hands of the Obligee, or commeth short of the place by any misfortune; and so failing of the payment, doth neverthelesse provide and tender the money in short time after; in these and many such like cases the Chancery will compell the Obligee to take his principall with some reasonable consideration of his dammages (quantum expediat) for if this was not, men would doe that by covenant, whi [...]h they do now by bond.

The like favour is extendable against them that will take advantage upon any strict condition,Condition to undoe estates in Lands. for undoing the estate of another in lands upon a small or trifling default.

So if two be joyntly and severally bound to pay money,Giving day to one, it shall help the other. and the obligee will give longer day (or other favour) to the one, and then will sue the other for the debt, he which is sued shall sue in Chancery 9. E. 4.41.

[Page] Payment without acquittance.A man payeth debt upon a single obligation without taking acquittance, therefore this will not discharge him at the common Law, but he shall be relieved therein in Chancery (quare 22. F. 4.6. By the parties oath, but not by witnesse.

Lessees damages in waste moderated by the death of the Lessor.If a man fell Trees upon the Lands of a Lessee for life, and the Lessee recovereth dammages amounting to the treble value that he ought to answer to his Leasor in waste, and the Leasor dyeth before any recovery in waste, now the Leassee shall not be suffered to take those damages himselfe, being so discharged of them, but shall be restrained in Chancery. Doctor and Student 33.34. and 40.

The greater part of the debt paid, and the rest offered, relieved in Chancery.If the obligee have received the most part of the money, payable upon the obligation at the peremptory time and place, and will neverthelesse extend the whole forfeiture, immediately refusing soone after the default, to accept of the residue tendered unto him, the obligor may find aide in Chancery.

Purchasor of parcell of land not snbject to the whole rent charge.If a man grant a rent charge out of all his Lands, and afterwards selleth his Lands by parcels to divers persons, and the grantee of the rent will from time to time levy the whole rent upon one of the purchasors onely, he shall be eased in Chancery by a contribution from the rest of the purchase [...]s; and the grantee shall be restrained by order to charge the same upon him onely.

Suing in a wrong County.A man recovered at the common Law a debt in one County, where the obligation was made in another county against the Stat. 6. R. 2. c. 2. The Defendant sued, and suggested in Chancery, [Page] that by this meanes he was put from divers Pleas of which he might have taken advantage, if the obligation had been sued in the very County and he had ayde there; for the Chancellor said that he sued to hide the truth and against conscience also, which cannot be so well found in any place, as in the very County where a thing is done, 9. E. 4.2. and 9. E. 4.15. A man shall not be prejudiced by formality or mispleading, &c.

Touching Copy-holders,Copyholders. Mr. Fitz-Harbert in his Natur. Brevium fol. 12. noteth well that, forasmuch as hee cannot have any writ of false Judgement, nor other remedy at common Law against his Lord, therefore he shall have aide in Chancery; and therefore if the Lord will put out his Copyholder that payeth his customes and services, or will not admit him to whose use a surrender is made, or will not hold his Court for the benefit of his Copyholder, or will exact fines Arbitrary, where they be customary and certaine, the Copyholder shall have a Subpoe▪ to restraine or compell him as the Case shall require, Dyer 264. and 124 Fitz. Subpoena 21

First this Court forbeareth directly to examine any Judgement given at the common Law,Not to examine any Judgement given at the common Law. to which end the Statutes 27. E. 3. cap. 12.39. E. 3. cap. 14.4. H. 4. cap. 23. and 16. R. 2. cap. 5. were made; and it seemeth that the common Law used some power to restraine such examinations of Judgements before all these Statutes, for 13. E. 3. upon a recovery had upon a Quare impedit, the Defendant sued for help in the Chancery; and they sent a prohibition, and upon that an Attachment against him. Fitz-Harbert prohibition 21 [Page] the like hath been done upon suits in the courts of requests. But yet 9. E. 4.65. one recovered debt upon an obligation in one county, whereas the obligation was made in an other county, and he complained in Chancery because he had lost some advantages, which he might have taken if the triall had been in the other county, which thing in effect was made a Law by the Statute, 6. R. 2. c. 2. And in the Case of Paramore Ann. 3. & 13. Eliz. A fine supposed to be levyed by an Infant,Dyer, [...]01. and 301. was examined in Chancery, after it had been allowed by examination of the Justices of the com. Pleas; but whether these and such other may seeme rather to examine the manner, then the very matter and substance of the thing adjudged, it is worthy of consideration.

Atturnement.Sir Will. Cordall Mr. of the Rols denyed to compell one to atturn here that was at liberty by the common Law, in the Case of Sir Iohn Windham.

Atturnement denyed but in some Cases.Chancellor Bromeley likewise denyed such compulsion generally, but where the party quarrelled with the particular Tenants Estate, or entreth iuto some part of the Lands in demise, or hath covenanted for recompence for non atturnment there he utterly denyeth to inforce the atturnment. Pasch. 21. Eliz. in Case of Philips, and Doctor Sandford.

Such assurances as be used for the common repose of mens Estates,Fine [...], Recoveries, &c. the Chancery will not draw in question; for a fine with Proclamation ought after the five yeares, to be a bar in conscience as it is in Law; so shall it be of a common recovery for docking the intaile, Doctor and Student, 33.155.

Mulier, and Bastard.So likewise it seemeth that the continued [Page] possession of the Bastard eisne shall prevaile in conscience against the right of the Mulier [...] sne. And albeit a feme covert may be thought to joyne with her Husband for fear in a fine of her l [...]nds, yet after the five yeares it shall not be recalled, for the generall inconveniences that may ensue to that highest assurance. Doctor and Student, 154.

And if remedy in Chancery should be extended to a Collaterall Warrantye,Warranty. the same Saint Germaine saith that then all writings shall be examined.

If the extender undervalue the Lands,Extent [...], Lawes. as there is no remedy at the common Law, 15. H. 7. Dupleges Case, because the Debtor may help himselfe by payment of the debt, so in conscience there ought to be no reliefe, unlesse it were done by Covin. Idem.

Upon Nudum Pactū there ought to be no more help in Chancery, Nudum pactum. Wager of Law. then there is at the common Law, neither against him that hath waged his Law in debt, though peradventure falsely. Idem.

Where a man made Title to a rent seck of which there was no seizin,No seizin of a re [...]t. seck. nor for which he had any action at the common law, and prayed help here it was denyed upon conference had by the Lord Keeper with the Judges, Michal. 1596.

A Copyholder dyeth leaving two daughters by divers Venters,Possessio so oris in Cop [...]yhold. both which do enter and take the profits, without doing fealties, or paying fine, and without any admittance by the Court, and the eldest dyeth without issue: This onely possession sufficeth to order the Copyhold to the collaterall heir of the eldest, and not [...]or the sister of the half bloud, 12. Eliz. Dyer 291.

[Page] Copyhold.A Copyholder in Fee hath issue a daughter and a son by two venters; the Lord committeth the custody of the Land, and of the son to the Mother who taketh the profits,Possession of the Mother for the h [...]r Collaterall. and the son dyeth before any admittance; this Copyhold was ordered also for the Heire Collaterall against the Sister of the halfe bloud, because the Mothers possession serveth for the son, Anno 12. Eliz. Ibid.

Copyhold devise.The Lord devised a Copyhold to C. for life, and after passed the Freehold of the soyle thereof by livery of seizin thereof to B. for life reserving a rent; and then by fine levyed, doth grant the said Land to the said C. (come ceo que il ad de son done &c.) And C. accepteth the said rent of B. and thereupon it was questioned whether or no, the Copyhold of C. were gone in conscience 28. H. 8. Dyer 30.

Copyhold forfeited for cutting of Trees, during▪ minority.A Copyholder within age is admitted, and the Lord committeth the custody to the Mother of the Infant, whose under-Tenant cutteth down Timber Trees, which being presented, the Lord seizeth the Land for the forfeiture (during still the nonage) and keepeth it till he dyeth, and it descendeth to his Heire, who and his Father had kept it 40 yeares, and for that the Copyholder moved suite in the Chancery 29. yeares since which was now revived, and the forfeiture was taken during his minority, he was restored to his possession till the Lord should recover it for the forfeiture by the common Law,Tenant right Fines for alienation of the Tenant, but not of the Lord. in the case of Mr. Litton Mich. 41. and 42. Eliz. Justice Clench, and the Masters.

Tenure by Tenant Right as it is usuall towards the borders of Scotland, shall not pay any uncertaine [Page] fine or incombe at the change of the Lord by alienation, but by death which is the Act of God; for otherwise the Lord might weary the Tenant by frequent alienations; but it may be fine uncertaine upon the alienation of the Tenant as well upon death as discent, for that it is the Act of the Tenant, and in his power. Sir Thomas Egerton Mich. 1599. Case Mannor de thwaites & les Iustices accord, the same holdeth in Copyholders, for the custome must be reasonable.

A Copyholder in Fee surrendreth to the use of one,Payment of Creditors out of a Copyhold forfeited by Morgage. and to his Heires upon condition of redemption, writeth downe his debts, and willeth part of his Copyhold to be sold for payment of his debts after his death; one of the creditors payeth the money at the day to the morgage, who neverthelesse inrolleth the surrender afterward; this other creditor complaineth against him, and the Heir in Chancery, and had a decree that the Copyhold should be sold for the payment of debts, and the remainder of it (if any were) should discend to the Heire 41. Eliz. For although the devise of the Copyhold be void, yet to take it from the surrendree, (who held it onely for money to be paid) and to pay him and the other creditors therewith, hath good warrant in equity, and the Heire hath no wrong for that it was gone from him by the surrender lawfully.

Termino Trinitatis 40. Eliz. the Lord Keeper Sir Thomas Egerton pronounced openly,Lease paroll. that he for avoyding perjuries and other abuses, would not give help to a Lease claimed by paroll onely.

[Page] Marriage po [...]tion recovered at common Law, and reversed in the Exchequer, holpen in Chancery.One Cutting brought an action upon Assumpsit for one hundred pound against the Executors of a Testator that promised the money in marriage with his daughter, and recovered at the common Law; which judgement was reversed in the Chequer Chamber, but Cutting sought help in Chancery, where it was proved that the Executors had Assets for Funeralls, Debts, and Legacies with a good overplus to satisfie the complainant; and therefore after hearing and report thereof by Doctor Stanhope, and Mr. Lambert, it was decreed for the complainant; but the Executor exhibited his Bill for remedy; upon which Justice Owen thought he was not to be heard till he had satisfied the decree; and then also but onely upon new matter; not thus resting, the Executor exhibits a second Bill which was referred to Master Lambert, but he excused himselfe, that he was not to judge in his own cause and recommended it to the censure of the Lord Keeper who ordered the Executor to performe the first decree, Micha. 40. Eliz. 1598.

Perpetuities.Trinity 41. Eliz. The Lord Egerton pronounced openly, that he would give none aide in Chancery, Lease for 1000 yeares. [...]or the maintenance of any perpetuities, nor of any Lease for hundred [...], or thousands of yeares, made of lands holden in Capite; because the latter be grounded upon fraud, and the former be fights against God.

Statute lands bought with Money lent, pr [...]o [...]ity [...]ans Covyn.A. was bound in a Statute to B. And one C. lendeth 100 l. to A. with which A. bought lands, and assured the same to C. for his hundred pound. A, faileth in payment. B. extended [Page] that land. C. was denyed help in Chancery, although the land was bought with his mony; for B. hath priority of right in Law without Covyn, Crompton. 63. a.

A. delivereth twenty pound to B. to the use of C. a woman to be delivered her the day of her marriage,Bailement sans consideration countermanded. before her marriage. A countermandeth it, and calleth home the money, C. shall not be ayded in Chancery, because there is no consideration why she should have it. Dyer. 49.

A Term or devised his Terme,Voide limitation de Lease in vol. Cook lib. 8.95. and whole Lease to B. Provisoe that if B. dye, living C. Then the Terme shall wholly remaine to C. B. selleth the Terme, and dyeth, living C. And by the opinion of the Justices C. shall have no remedy, Dyer, 74.

The Vice Countesse Mountague claimed the Wardship of the body of the Heire of a Tenant of hers,Ravishment de g [...]rd. which was esloyned from her [...] she suspecting some of the Heires friends exhibited her Bill in Chancery; and it seemed they should not answer to charge themselves criminally; especially in this Case, where so great a punishment as abjuration may follow, &c.

Cromer and Peniston married two Sisters joyntly possessed of a Lease for yeares,Survivor in Joynt. Tena [...]cy de Lease. the wife of Cromer dyed; Peniston claimed the whole by Survivor, Cromer exhibited a Bill suggesting that Peniston had in her life time severed the joyneture by some act [...]ecretly: The Lord Keeper over-ruled that the defendant should not answer Mich. 39. and 40. Eliz.

[Page] Feoffees to use.As concerning confidence secretly knit to Estates, it hath manifold considerations; first if my Feoffee upon confidence, doe infeoffe another bona fide, Notice of the use. that knoweth not of the confidence, I am without remedy. Fitz Harbert sub. 19 But if the second Feoffee have notice of the use, he shall be compelled here to performe it, 5. E. 4.7.

If my Feoffee dye I have no remedy against his Heir.So if my Feoffee dye, and the land discend to his Heire, I have no remedy against him. 8. E. 4.6. All the Justices; and this confidence extendeth not onely to the taking of the profits, but also that the Feoffees shall doe acts for the good of the Feoffor; and if the Feoffor require him to make an estate to any other, he o [...]ght to doe it, but thereof he ought to have request in writing, for he is not to doe it upon a bare message, or upon desire by word onely, 37. H. 6.35.36.The Feoffee shall doe Acts for the Feoffors good. And if the Feoffor will have him make an Estate to I. for life, the remainder in Fee to B. though I. will not take the Estate, yet B. shall compell him to make Estate to him in the life of I. ibid. 36. Finch. So if the Feoffee be disseised, the Feoffor shall compell him to sue an Assize▪ 2: E. 4.7.They may grant Offices, but not annuities.

Neverthelesse those Feoffees might grant necessary Offices as Stewardships, Bailyweeks, &c. though they may not grant Annuities to learned men to defend the Land, 8. H. 7.12. They may also as it seemeth give Fees to Councell,Fees to councell. and shall have allowance thereof, so far as they are from being maintainors.

Money given to buy Lands.If I give money to one to purchase Lands therewith to him and his Heirs, and to permit me to take the profits thereof during my life, [Page] and he with-holdeth the profits, he shall be compelled by Subpoena Crompton, Fol. 48. b.

If (Cesti que use) be attainted of Felony,The Feoffee shall retain the Land to his own use fur-attain der de felony. the Lord shall not be ayded by Subpoena to have his escheat; and if the Heir be barred by the corruption of his bloud, then the Feoffee as it seemeth shall retaine the Land to his own use 5. E. 4.7. Feoffments of use, Brooke 34.

When the use is to the Feoffee and his Heirs,Intent specified in a Feoffment to use. without any other intent, there (Cesti que use) may declare his will thereof and may vary at his pleasure; but if it be to any intent certain, as to take back an estate taile, or with remainders to others, then he cannot change it, for the interest that is in others, 5. E. 4.8. a.

Whether the use of gavell kind Lands should ensue the nature of the land,Uses of gavell kinde at the common Law. 26. H. 8. Dy. 6. and so of Borrough English, or shall be at the common Law, because the customes doe extend to Lands, and not to uses, or rents as is said against Fitz Harbert.

Although (Cesti que use) of a terme for yeares be not within the Statute of uses,Cesti que use) de tearme de ans. rather therefore he shall have remedy in Chancery, Crompton 64.

Where the complainant will rest upon the oath of the Defendant,Jurament. delatum a parte. and be contented to be judged there by, their the oath of bewraying is hardly granted.

Conscience never resisteth the Law,AEquitas sequitur legem. nor addeth to it, but onely where the Law is directly in it selfe against the Law of God, or the Law of reason; for in other things Equitas sequitur legem. Saint Germaine, Fol. 85.155.

Sometimes equity helpeth a man to that, for [Page] the which there is no Law of man provided.Things left to the conscience of the party. fol. 85. ibid. Sometimes equity followes the meaning of the parties in their contract, 86. Ibid. where a common inconvenience will follow, if the common Law be broken, there the Chancery shall not help. 155. For albeit the party cannot with a good conscience take the advantage of sundry things to which he comes, yet the Court of conscience is not thereby bound to help the other, but must leave some things to the conscience of the party himself.

Help in Chancery against Executors.It is reported, 8. E. 4.6. and 22. E. 4.6. yeare Book, That the Lord Chancellor, and Judges were of opinion that a Subpoena lyeth not against the Heire of a Feoffee in trust; but our time affordeth that help against Executors very commonly, as between Ouslowe and Ouslowe, Lord Norris and Lester, Cutting and Huckford, &c.

At the common Law, if a man were surety for anothers debt,Surety. he was chargeable if the debtor failed in payment; but Magna Charta. cap. 8. ordereth that the pledge shall not be distrained, if the principall debtor be sufficient to pay; this grew troublesome to the Creditor, and therefore it fell in use that the pledge should bee bound as principall, and so by the common Law he is chargeable notwithstanding the sufficiency of the principall;The surety chargeable. neverthelesse it is now usuall in Chancery to help this suerty against whatsoever default of the principall,To help the surety. if so be he will offer the principall debt and dammages; but in my opinion he ought to finde [Page] here no other reliefe then the principall debtor should find,No other reliefe for the surety, then for the principall. because he is not onely a principall by his own Bond, but also was the cause, for which the money was lent, seeing that without him the principall had not been credited. And experience bewrayeth, that this favour to sureties breedeth contempt of Bonds; Nihil est autem (saith Cicero) quod vehementius remp. continet quam fides, quae nulla esse poterit si non erit necessaria solutio rerum creditarum, fraudandi vero spe sublata, solvendi necessitas consequitur.

But the Case of the purchasor (bona fide) of land subject to a Statute,Purchasor. or recognizance, is better then of such a surety; and so is the Case also of the Heire of the Recognizor, or Obligor; for though the land be charged in their hand with the debt, yet equity ought to relieve them touching any penalty, unlesse they be found in Mora, &c.

If a debtor will Collude with some of his friends in fraud of his Creditors;Fraud upon fraud. and the friend breake trust with him, this Court will not punish the breach; yet Greene and Cotterells Case to the contrary (fraus non est fallere fallentem.) But two Doctors and I took order in such a Case between Woodford, and Multon, Mich. 42. and 43. Eliz. by our report that the goods so conveyed in fraud, should be transferred to the benefit of the Creditors.Feoffee punishable for making Estate at the wives request during the Coverture.

A. Man was enfeoffed to the use of a woman sole which taketh an Husband; they both for money sell to B. The land which payeth it to the wife; and she and her Husband do pray the [Page] Feoffee to make Estate to B. Afterwards her hu [...]band dyeth; now by the Chancellor and all the Justices, she shall have aide against the first Feoffee by Subpoena, to satisfie her for the land; and if the second Feoffee were conusant, a Subpoena shal be against him for the land, for all that the wife did during the Coverture (as they said) shall be taken to be done for fear of the husband 7. E. 4.14. Subpoena Fitz-Harbert. 6.

No reliefe against his own deed.If A. sell land to B. for 20 l. with confidence, that it shall be to the use of A. yet A. shall have no remedy here, because the bargain hath a consideration in it selfe. Dyer 169 per Harpar. and such a consideration in an Indenture of bargaine and sale seemeth not to be examinable except fraud be objected, because it is an estopell.

Release of joint Feoffee.Lands be morgarged to A. and B. where A. onely payeth the money, and the intention was that B. should take nothing; now B. shall be compelled to release to A. 27. Eliz.

Subpoena gainst one appointed by will to sell.A. willeth that B. shall sell his Land to C. now C shall have a Subpoe. against B. to compell him to sell the testators land unto him 15. H. 7.12.

Pyers was bound in a Statute to Hawes, and Ioan, To discharge himselfe of a bond is permitted in equity. for the behoof of Ioan, and Hawes released to Pyers, whereupon she brought a Subpoena against them both; but Pyers was discharged although he knew the confidence; because it is permitted in such a case a man should help himselfe to be discharged of his bond, and the Subp. stood against Hawes, because he had deceived Ioane, 11. E. 4.8. a. Tamen quae [...]. for it is no conscience to be a partaker in fraud; therefore if my Feoffee in use had made a Feoffment unto one that knew of the use, the Subpena did lye against [Page] them both, 5. E. 4.7. And the Case precedent kiked not the reporter.

If an Obligation be made to B. to the use of C. now B. shall be compelled here to sue upon that Obligation,Forced to sue an Obligation. 2. E. 4.2.

If one Executor will release a debt without the consent of his copartner,Executor shall not release a bond without his Copartner. whereby the Will cannot be performed, the releasor and the releasee shall be ordered therefore in Chancery, 4. H. 7.4. By the Chancellor against the opinion of [...]ineux.

If a Subpoena be brought against three Executors,Executors shall not answer without his Copartners. and one of them appeareth, he shall not be compelled to answer till they be driven to appear also, for they are but one, 8. E. 4.5. By the Chancellor.

So if two Copartners,Copartners to joyne in Plea or presentment. or joynt Tenants-joyne in a Quare impedit, and the one will plead covenously, he shall be compelled here to joyn with the other in Plea or presentment.

And so if lands be severally given by one deed,One deed by which two claime severally. to two men; he which hath the deed shall be compelled here to shew it for the defence of the others Title, 9. E. 4.41.

A. made a Deed of Feoffment to his own use to B. but gave no livery of seizin.Where remedy at common Law, no help here. A. dyeth, C. his heire bringeth a Subpoena against B. but by Morton Master of the Rolls, C. was denyed help here, because B. had nothing in the Land; and if he abate, there is remedy at the common Law against him, 18. E. 4.13.

Where certainty wanteth,Goods of Felons granted which are difficult to prove. the common Law faileth, but yet help is to be found in Chancery for it; for if the Queen grant to me the goods of A. that is attainted of Felony, and I know [Page] not the certainty of them, yet shall I compell any man to whose possession any of them be come to make. Inventory of them here, 36. H. 6.26. Cur.

Bringing evidence into Court.It is most usuall in Chancery to demand evidence concerning the complainants Lands, to which he maketh Title, which are not in Ch [...]sts, Baggs, or Boxes, and whereof he knoweth not the Date, &c.

Justifying detaining of evidences.And in that Case the Defendant made Title to the Lands, and justified the detaining of the evidences, for maintenance of his right; whereupon it was ordered, that the complainant should bring an action for the Land at the common Law; to which the Defendant should plead in chiefe; and that he for whom the verdict should passe, should also have his possession stalled here, 28. Eliz.

Tenants of the Land uncertaine.If a man have cause to demand land by action, and knoweth not the Tenant of the land, by reason of the making of secret Estates, it hath been lately used to draw them in by oath, to confesse the Tenant; but it is now doubted.

Tenants in common to know the certaintyA Tenant in common, of a Manor for long time, occupyed wholly by the other Tenant in common, which knoweth not the quantity of the Mannor, by reason the other hath also sold Lands intermingled, had the sight of the Court Rolls, and Writings of his companion, concerning onely the quantity of the Mannor, but not concerning the sold Lands, nor his Title to the Mannor, and the other was ordered also to shew the like on his part. Capell and Mym. 1599.

Supply of true meanning in Feoffments.The Chancery also giveth help for perfecting of things well meant, and upon good consideration. [Page] As if in a Feoffment of Lands for money the word Heires be omitted in the deed, Audeley Chancellor, 9. H. 8. said that he would supply it.

A man bought debts due upon Obligations,To bring in an obligation to be cancelled. and gave his own Obligation for the money to be paid for them; and because he had not (quod pro quo) but onely things in action, and the seller would not use action upon them for the benefit of the Vendee; It was ordered here by the assent of the Judges thereto called, that the Vendor should bring in the Obligation to be cancelled,Money paid upon Obligation single, or single Statute not compelled here to cancell it. 37. H. 6.14.

But if a man pay money upon an Obligation, or a Statute that is single, the Obligee, or Counsee shall not be called hither to cancell it, though the other had no acquittance upon the payment made, 22. E. 4. b. les Justices, and Doctor and Student 23. who said that a man shall have no ayde here to supply his folly:Yet upon a morgage, he shall be compelled to bring in the indenture to be cancelled here. As if he pay a debt upon a single Obligation or Statute without taking acquittance. But Robert Stillington Episcopus Bathoum said that (deus est pro [...]urator futurus.) I thinke if money be paid upon a redemption of a morgage by Indenture without taking an acquittance, the morgage shall bring in the Indenture to be cancelled here.Lands sold in two counties and livery made onely in one.

So if a man sell lands in two Counties for money, and maketh livery in the one onely, he shall be compelled in conscience to perfect the assurance by another livery, Doctor and Student 37. for the contract faileth onely in a circumstance or ceremony.Leassor to have the woods leaving sufficient boote [...].

A lease is made of a House and Woods, wherein it is covenanted, th [...]t the Leassee shall have [Page] Housboot and Fireboot. By this it is implyed and meant that he shall not have any of the Woods to any other purpose, but that they belong to the Lessor; and it is usuall to help him in the Chancery, to them leaving sufficient for these boots.

Messuage cum pertin. carries the land used with it.A Messuage was demised (cum pertinentiis) onely but for that sundry Lands had been occupyed therewith for the same rent; and by the same words, the Lord Chancellor Bromley by advice of the Judges, ordered those Lands should now passe also; yet in Law they do not passe as some Justices hold.

Mannor demised, except the Court Baron.The Lord North demised a Mannor (excepting the Court Baron) and perquisites, &c. the exception was found void in Law; and the Tenant Lady Dacres would not make suite to the Court kept by the Lord North. But the Lord Keeper Puckering assisted with some Judges, decreed her to make suite, for that it was plainly so intended.

Fraud or covyn in goods.A man made a gift of his goods of intent to defraud his creditors, and yet continued the possession of them, and took sanctuary and dyed there; now his Executors having the goods, were charged towards the Creditors, 16. E. 4.9.

Grand Lease forfeited by covin.So if a Lessee for years demiseth parcell of the Terme to another, and covenously forfeiteth his whole Lease for any condition broken, and taketh the Land back in Lease againe, his Lessee shall find help in Chancery. Laesione fide [...] Crompton, 64.65. And Stillington the Chancellor, 8. E. 4.4. was of opinion that (pro laesione fidei) or breach of promise,Canonica I [...]uria. a man was at liberty to sue either in the spirituall Court (Canonicae Injuria) or else in [Page] the Chancery for the damage accrewed by the breach.

A man had Lands of ancient de [...]neasne in extent for debt,Conu [...]ee. and they were recovered from him by the sufferance of the Vouchee, whereby he was ousted; in this Case he shall be holpen here. Morton Chancellor per Assent. Bryan, and Hussey Justices, 7. H. 7.11.

If one that is bound with another for the debt of the other payeth it at the day for fear of Arrest;To avoid future perjury. now if he sue his counter-bond which he hath to save him harmelesse (non est damnificatus) is a good Plea at the common Law against it; but yet the Chancery will give order for his repayment. Mich. 31.32. Eliz. And whereas such a surety paid the debt, and sued the principal upon his Obligation to save him harmlesse; the principall brought a Subpoena, and alleadging that he having delivered goods into the hands of the surety to save him harmlesse,Payment for the principall by the surety. prayed an Injunction to stay his suite; but because the surety made another title to the goods, the Court would not stay the suit for him, 16. E. 4.9.

Where Deeds and Mynuments do concern as well the defence of the Tenant for life,Deeds brought into the Court. his Title who also possesseth the Deeds, as the right of another in reversion or remainder, it is usuall to have them brought into this Court for the avoyding all perils, and the indifferent custody of them, Dixies and Hillary, 40. Eliz.

A Lease is made for life,Waste hol. pen in Chancery. the remainder for life; the remainder over in Fee; the first Lessee maketh waste; and because he in the Fee hath no remedy by the common Law, and [Page] waste is a wrong prohibited, he shall be holpen in Chancery, Crompton, 48.6.

Tulier and Bastard Ione [...]n suing [...]heir livery.And not every barre or stopell in Law ought also to bind in Chancery: For if a legitimate daughter, and her sister a Bastard do joyne in suing of their livery, this ought not to barre in conscience, howsoever it may estop in Law, Doctor and Student 34.

Action of the case seeketh dammages, subpoena rem [...]psam.It is usuall in a Bill of Chancery ro object, that the Case hath proper help at the common Law, and 21. H. 7.41. where one assumed for 10 l. to Lands to another. It was said he might have action upon his Case; and not to sue in Chancery to compell him to make the Estate; but these helps be divers, and not the same; for by the one he seeketh the Land; and by the other he demandeth damages onely. And therefore I see not, but that the Petition in Parliament might have prevailed, if it had stood upon that point onely; and at this day, it is taken for a good cause of dismission in most causes, to say that he hath remedy at the common Law; and where an action upon the Case for a Nusans and damages onely are to be recovered, the party may have help here to remove or restore the thing it selfe, quod est idem.

Fines fraudulent.A Leassed lands for 21. years, and let other lands at twill to B. that had lands in the same Town, who makes a Lease for life to C. of his own lands, and of A▪s. and then by Fine all is conveyed to B. he payes the rent to A. still the five years passe by the opinion of all the Judges delivered to the Lord Keeper; this fine shall not Bar A. quia apparet per le payment del rent and cest case fit subscribe per Popham & Andersan. 12. Feb. 160 1.40. Eliz.

[Page] Nota que Executor non poit estre a trust unlesse he have an especiall gift in the will,Executors how upon trust. and that may then be in trust, otherwise the generall trust of an Executor is to pay debts and legacies; and of the surplusage to account to the ordinary in pios usus, No reliefe against a voluntary act. 44. Eliz. 8. Iunii 1602.

A woman sole takes consideration for making a Lease for 21. yeares and then marries; and she and her husband made the promissed Lease at the 21. yeares end, the Lessee surrenders and takes a new Lease for 21 years more, the husband dyes, the wife oustes the Lessee, who sues in Chancery to have the first Lease continued rest for the first 21 yeares, and not remedyed here, the surrender being voluntary, 44. Eliz.

Two Joynt-Tenants,Joint Tenants, one taking the profits. the one takes the whole profits, no remedy for the other, except it were done by agreement, or promise of account, 8. Iunii 1602. 44. Eliz.

A defē ▪ not being a principall defendant,Defendant examined as a witnesse. might be read at a witnesse, if he were examined on the plaintants party in another suit, betweene other persons, in Case of Kingston upon Thames, 10. Iunii 1602. 44. Eliz.

A custome of discent in a Mannor,Generall customes reduced to certainty by agreement in a mannor. and many other things were in controversie between the Lord and Tenants, and between the Tenants themselves. And in the tenth Eliz. a generall agreement made by Deed indented, and a Bill in Chancery for establishing the same, but no Record to be found but the Deed inrolled, though all the Tenants of the said Mannor shall be stopped in the Chancery to speak against this, (Cac. est quae le Repes del realme) notwithstanding pretence was made (Philips being of councell with [Page] the defendants, that agreement cannot alter a custome in Law, that some were infants, some [...]eme coverts at the time that the Lord was but Tenant in taile; of which opinion was Mr. Cooke Attorney generall, and Justice Gawdy, 10. Iunii 1602. 44. Eliz.

Statute acknowledged in my name by a stranger.If a Statute be acknowledged in my name by a stranger, I shall have an action of disceat against him, but I shall not avoid the Statute or recognizance; but if it be acknowledged by one of the same name with me, I shall avoyd it by Plea. 23. Iunii 1602. 44. Eliz.

Power to make leasses.The opinion of the Courts is, that uses may be raised by covenant for Jointures, but power to make Leasses in that sort cannot passe, but it may be done by Fine, or transmutation of possession, if the covenant be that the owner will stand seize to those uses, 27. Iun. 1602. 45. Eliz.

Whether Copyholders may be intailed, and held that they may not by the Statute (de donis conditionalibus, Coppyhold tayled surrender.) but by the common law denante; and that surrenders, or plaints in nature of fines and recoveries may bar these state tayles, as well in the Court Baron, as at the common law, if the custome have been such, which is the rule in these cases, 3. Feb. 1602. 45. Eliz.

Abating a Bill.Administrators in nature of a guardian to an infant being Executor, exhibits on his behalfe a Bill in Chancery; the infant (depending the suit) comes of full age; this abates not the Bill by the opinion of the Lord Chancellor Egerton, Leases devised to his wife, on confidence to come to his Son not relieved. 7 Feb. 1602. 45. Eliz.

Doctor Ford by his will devised certaine lands to his wife in these words (non per viam fidei cō miss [...]) for which his sonne might sue her; but [Page] hoping if his Son grew thrifty, that at her death she would leave the remnant of these Leases to him, she married Greysill; but before marriage Greysill wrote unto her, that she should have the disposing of those Leases at her death; after the marriage Greysill sells the Leases; Ford brings his suite in Chancery, and had no help by the opinion of the Court, 31. Maii 1. Iacob. 1603.

Inter Tomley and Clench, Possession bound by decree, and the partie prohibited to sue at common law. It appeared by testimony of ancient witnesses, speaking of 60 years before, and account Books and other writings, that Francis Vaughan, from whom Tomley claimed was mulier; and Anthony from whom Clench claimeth was a Bastard; and the possession had gone with Tomley 50 yeeres. In this Case the Lord Egerton not onely decreed the possession with Tomley, but ordered also that Clench should not have any tryall at the common law for his right, till he had shewed better matter in the Chancery, being a thing so long past; it rested not properly in notice de pais, but to be discerned by Books and Deeds, of which the Court was better able to judge then a Jury of Ploughmen, notwithstanding that exceptions were alleadged against those ancient writings;Grantee distrains one who prayeth reliefe, ordered he sue the rest, and the Grantee, the one to contribute, and the other to accept of equality. aud that for the Copyhold-land, the verdict went with Clench upon evidence given three dayes before Serjeant Williams, that Anthony was Mulier, 31. Maii. 1. Iacob. 1603.

Sir Edmond Morgan married the widdow of Fortescuhe, had his wives lands distrained alone by the Grantee of a rent-charge from her former Husband, and therefore sued the Grantee in Chancery, to take a ratable part of the rent, according to the lands he held subject to the [Page] distresse; and notwithstanding the Lord chiefe Justice Pophams Report, who thought this reasonable, the Lord Chancellor Egerton will give him on this Bill no reliefe, but ordered that he should exhibit his Bill against the rest of the Tenants and Grantee both, the one to shew cause why they should not contribute, the other why he should not accept of the rent equally; otherwise it was no reason to take away the benefit of distresse from the Grantee, which the Law gave him 7. Iunii Iacobi. 1603.

Contents of [...] Mannor as it was 60. years past.A. In forma pauperis had a decree against C. for the Mannor of B. that the contents of the Mannor were doubtfull. C. shewing Antient Deeds, that proved divers parcels of the Lands, claimed by force of the decree by A. to be of another Mannor, which notwithstanding the Lord Chancellor Egerton ordered that it should be put to a Jury▪ and they to find as the contents of the Manor had gone by usuall reputation 60. years last; and not to have it paired, and defalked by such Ancient Deeds.

Executrix hu [...]band [...]rdered to pay debts.A. Married a Feme Executrix subject to a devastavit; if A. have nor sufficient to satisfie, himself shall be imprisoned for the debt.

Plaintant mistaking his Title in his Bill.A. Plaintant in Chancery for a Lease upon a Bill, that affirmed the Lease to end at our Lady day, An. 1604. had the same decreed for him; many yeers after comming to the Lease it selfe he finds, that it is not to end till our Lady, An. 1605. And then moves in Chancery, that he may not be forced to leave the land, till that time as the decree appointed him (qui constitutus est cancel [...]arius, 24. Iulii ad Coronam Regis) for the first he must performe the decree; and then exhibit a new Bill upon the speciall matter, otherwise it [Page] were perilous to blow away decrees upon motions. Hil. 1. Iacobi. Gosset com. Crowther, fol. 122.

Henry Earl of Darby conveyed certaine lands in trust,L [...]easses conv [...]yed in trust to pay debts. to Doughty his servant for payment of his debts, upon mediation of an end of controversies between the daughters of Fardinand, eldest son of Henry, and Will. his younger son now Earl. Articles were set down, that Will. should discharge all his fathers debts, whereupon Doughty conveyed the Leases to Will. the creditors sue Doughty in Chancery; and ordered to pursue their remedy against Earl William. Hill. 1. Iacobi.

Hearle plaintant in Chancery against Bot [...]lers mo [...]ther and son,Heire of purchasor charged with payment of money behinde for the land. whose husband had bought tayled lands of Hearles brother, to which the plaintant was inheritable; and some of the money due upon a bond unpaid, and the bond lost. And the opinion of the Lord Chancellor was to charge the son & the mother, in regard of the land in their possession, with the payment thereof. Hil. 1, Iac.

Nota in le case Mynn and Cobb, Proceedings in a cause where there is no full proofe. the trust was not so fully proved as the Lord Chancellor would make a full decree thereupon, so as it should be a presedent for other causes, and yet so farre forth proved as it satisfied him as a private man; and therefore in this case, he thought fit to write his letters to the defendant, to conforme himselfe to reason; and affirmed that if he should find the defendant obstinate, then would he rule this cause specially against the defendant, sans la tires consequence. Hill. 1. Iacobi.

Nota in the case of Manwood, that there behoveth not a full surrender to be expressed in the Copy,Coppy good by devise without mention of surrender. but the devise is chiefely to be regarded if the surrender be perfect in the Roll of the Lord, though there be no mention at all of a surrender good enough▪ Hill. 1. Iacobi.

[Page] Turning of water courses from Mills. holpen. Inter Swain and Rogers, the case was in effect an Assize of Nusans, for Rogers disturning the trenches, and plucking up of stakes of Swaynes Mill Leet; and making a banck, or dam beneath, that made the water reflow so as the wheeles could not goe; and exception taken that the Court should not hold Plea thereof (sed contrarium adjudicatur) many causes of the same manner ended here; and this specially for Rogers a great man in the country, Swayne a professor of the Law, who sought hereby to avoyd multiplicity of suits per Warburton Justice, but upon a second hearing at the Rolls, referred to a Commission of Sewers. Hill. 1. Iacobi.

Waste forbidden in Chancery, where not punishable at Law. Nota per Egerton Chancellor, where Tenant for life, the remainder for life, though there lye no action of waste in Chancery, yet he shall be prohibited to do waste by the Chancellor, for wrong to the inhabitants, and hurt to the common-wealth. Hill. 1. Iacobi.

Archbishops Certificate against Bloomer for not paying a maides portion. Bloomer having married the widdow of Nanfan, who had forfeited a Recognizance to the Archbishop of Canterbury, for not paying of her daughters Portion, intreated the Bishop of Canterbury, to take a new Recognizance, and discharge the former. Bloomer after finding that his wives lands was intailed, used meanes to have her by Fine, or recovery, to put it into Fee, that so it might be subject to the Recognizance; and hoped to get it from his wife also. One Bridges his wives kinsman withstood this; now dyeth the woman, the Portion unpaid; Bloomer is sued for it in Chancery; and the opinion of the Court against him; the Bishop of Canterbury had certified against him; and because his counsell was not [Page] ready that day, the Chancellor declared he must take the Archbishops Certificate, not as a Testimony, but as a judiciall proceeding; and therefore willed Bloomer to satisfie the Archbishop, or else he must decree against him.Witnesses ad informand. conscientiam. Hill. 1. Iacobi.

Nota that witnesses ad informand. conscientiam, shall never be appointed to be taken but upon hearing (ubi Iudex dubitat) but yet witnesses examined after publication not fit to be published, may be fit to be ad informandum conscientiam, if it shall be thought meet upon the hearing. Hill. 1. l.

Daniel Hill having put in for his Clyent a long insufficient demurrer to a Bill exhibited against his Clyent,Five pound costs given in a demurrer, and the Councellor prohibited to deale any more in Chancery ▪ in which supposed demurrer were many matters of fact, and other things frivolous and vaine, The Lord Chancellor Egerton awarded five pound costs against the party. And ordered that neither Bill, Answer, Demurrer, nor any other Plea should from henceforth be received under the hand of the said Hill. 27. April. 1. Iacobi.

In the case of Tenant right,Fines of Coppyholds how ordered in Chanry. between Musgrave and some of his Tenants on the borders, The Lord Chancellor pronounced, that neither in Tenant right, nor in other Coppyholds would he make any order for all the Tenants in generality, but for speciall men in speciall cases, nor for any longer time then the present, except it were by agreement between the Lord and the Tenants, which then he would decree if it appeared reasonable. 8. Iunii. 1. Iacobi.

Item that he neither would help Leases paroll in Chancery;Lease paroll. and that it was good for the Common-wealth,Promises. if no Lease paroll were allowed by the Law, nor promises to be proved by [Page] witnesses considering the plenty of witnesses now a dayes,Witnesses. which were testes diabolices qui magis fame quam fama moventur. 8. Iunii 1. Iacobi.

Proceeding on the Sta [...]tute for charitable uses.Lands given ad divina Celebranda by Feoffement, till an Estate should be made by the Feoffees of them, for founding a Chauntry, and this in the 20. of H. 6. and held no superstitious use, nor by the Lord Chancellor, if it had been absolutely given ad divina Celebranda and for saying of Obites, for most part of the Churches of England are so founded; if it be granted to a Priest; contra, if it be granted to a particular Priest ad divina Celebranda and saying Obites, &c. The Case was that those Lands were after given to found a Chappell of Ease by the Feoffees; and then new come in upon the first grant, would have had it a concealement, and got a Pattent thereof, and Commissioners upon the Statute, 39. Eliz. took it from the Pattentee. And note that the Commissioners make the decree; the Lord Chancellor heareth the exceptions against the said decree, and decreed the possession according to the Commissioners decree, leaving the Pattentee to exhibite his Bill against the parishioners, and to shew what cause he could for reversing thereof, 18. Iunii 1. Iacob.

Lands intended to be given to a Schoole after otherwise disposed by will. George Littleton of the Inner Temple, lent money upon bonds taken in other mens names and had not any in his own name; among the rest he purchased five markes per annum in two other mens names, with this trust, that he might injoy it during his life, and after it should be to the erecting of a Schoole in the Towne where the said George was born and buryed, as the Feoffees declared in their answer; [Page] and in his life time after the purchase he repealed his intent of converting the same to the use of the Schoole to divers others, but by his will he gave certaine Acres of Land to I. C. and I. H. and then devised all the rest of his lands to his Brothers Sonne, who sues Ceux que trust for converting unto him the five marke land, which Justice Warberton presently decreed for him, saying his will was his Declaration. But in his words there was but a meaning onely exprest (me contradicente) for if I. C. make a Feoffement to the Use over according to Articles annexed, he cannot alter the same by a later will. contra, if it be to the use of his Will. 19 Iunii 1. Iacobi.

Cutting Cleark of the Outlawries bought lands of Bedwell, Cuttings case, whereof he was seized as Tenant by curtesie, promising the Heire should assure at full age; and by morgage assured other lands for performance thereof. Cutting before full age dyeth without issue his Heire not known, for some claimeth as H [...]ire on the Fathers side, some as Heire on the Mothers side, others as assignees, by devise; and another as Executor sued a Statute for performance of Covenants; Bedwell being willing to assure, brought all into the Chancery, that he might incurre no prejudice till he should know to whom he should assure; and ordered that he should assure to two of the six Clarks, they to reassure to the Heire when he should be found.No help in Chancery touching power to make Leases. 10. Octob. 1. Iacobi.

Nota that the Lord Chancellor Egerton in the Case of Pigot, that if a power be reserved to make Leases by a Covenant without transmutation of possession, the Chancery shall not help, because the first is void in Law, if upon transmutation [Page] of possession, and the power be not precisely followed, that doubtfull and rather most strong against help; for then the Estate workes and the power gone; and upon Wills no help; causa patet antea, fol. 1. and difference inter will and testament, testament requires Executors, will of lands. 11. Octob. 1. Iacobi.

Decree against infants. Young purchased lands in the name of one Mason to the use of him and his Heires, dying without declaring any setled determination of this trust or confidence; Dethicke a kinsman procures Mason to convey the lands to him, and he conveyes it over to infants, Mericke a nearer kinsman sues in Chancery as next Heire, if the benefit of the trust appear to appertain to Mericke, notwithstanding the conveyance to infants being decreed for them, they shall hold by the decree during the minority. And a proviso for the infants to assure at full age, per Cook Attorney veniendo de Westm; and there appearing no certain disposing thereof, it was ordered that Mason should repay the money he had for making the conveyance to Dethicke, and Merick to have the lands ordered for him. 11. Octob. 1. Iacobi.

Amending of Answers.Those who are curious to have the defendants to amend their answers, ordered first by the Lord Chancellor to put in sureties in Court, for proof of the contents of their Bills according to the Statute, 15. H. 6. or Iuramentum Calumniae were better perchance. 13. Novemb. 1. Iacobi.

Misdemeanor in Commissioners how to be reformed.Commission to examine witnesses, went out to Sir A [...]exander Brett and others, who made certificate against Sir Alexander of partiall proceedings; Philipps Serjeant moved at the Rolls for [Page] a Commission to others to examine in whom the misdemeanor was, in Sir Alexander, or in the certifyers, & fuit negatum, for such collaterall certificates are not required of the Commissioners, but let them certifie the matters committed to their charge; and if there be misdemeanor, let the party wronged thereby make affidavit thereof; and then take out his Attachment. 13. Novemb. 1. Iacobi.

A release was offered to be deposed,Deeds how to be proved that it had been seene by some at the Barre, it being affirmed that by casuall meanes it was lost; but the Lord Chancellor said the oath should be that he saw it sealed and delivered; and not that he saw it after it was a deed: For in Munson the Justice his Case, a Deed was brought into the Chancery and a Vidimus upon it, being but a counterfeit copy; and after the fraud discovered, and the true Deed produced, therefore none allowance to be given of a Deed, without producing the Deed, or proving the execution thereof; and here appeareth what want we have of Notaries and their Deputies. 16. Novemb. 1. Iacobi.

The Deane and Chapter of Bristoll made sundry Leases misreciting the name of their Corporation,Leases of Corporations, whe [...]ein their names are mistaken by themselves. and an intricate Case of sundry such Leases made of one thing to divers men; wherein the Lord Chancellor said, that it was fit to help such Leases in Chancery, being for reasonable time, and upon good consideration; contra, of long Leases, without consideration of fine or good rent; and that Judges might have done well at the first to have expounded the Law so, with averment that they were the same parties, [Page] and so was the old law till now of late, especially where the mistaking rose on their part, who had the keeping of the evidences, the which the Leases could not see, but must take a Lease by the Colledge Clark, in a writ where you may have a new, no harme to abate it for a misnomer; and yet in that case sometimes in old times an Averment of Comer per lieu nosme & [...] auter, where they were sued by others, and not named so by themselves. 23. Novemb. 1. Iacobi.

Leassee to be holpen in Chancery against Pattentees. Haule had a Dutchy Lease gotten upon untrue surmises; and the King bestowed the land upon the Earl of Devon, for his service done in Ireland. This Lease the Earl sought to avoid by the law; Haule prayes to have the matter examined in Chancery, and to have the suit stayed by Injunction which was denyed, for that the Lease was granted by fraud, and the Fee simple to the Earl in possession and not in reversion & nota, that the Lord Chancellor said, that where lands are granted in reversion, if the Grantee will avoid the lease for a rent paid, but not at the day, in that case he will releeve, but not where the Lease is granted upon a false suggestion, for that were to relieve fraud in the Chancery, it was further objected, that this grant was made to the Earl upon consideration of service done; and the Lord Chancellor said, that the service done to the Realme was as valuable, as if the Earl had given 500 l. for the Land,Chancellor calling the Judges into the Exchequer Chamber upon remainders of a Lease. but the Earl offered to give the Leassee 1000 l. recompence in honour. 23. Ian. 1. Iacobi.

In a Case moved by Mr. Chamberlaine, where the Lord Chancellor had referred the matter to be tryed at the common Law touching remainders [Page] upon a Lease whether good in law or no, and the Judges had given Judgement upon the case in another point in the Kings Bench, so as the Lord Chancellor remained still uncertaine of that point, called the Judges into the Exchequer Chamber. 1. Iacobi.

For as much as the plaintant hath served processe upon the defendant to appear in this court return 15. Micha. and exhibited no sufficient Bill against him,Costs against the defendant, and Clerk tha [...] made processe before a Bill in Court. and further for meere examination, sued out a Writ of Attachment against the defendant, before the returne of the subpoena; it is ordered that the plaintant shall pay unto the defendant 10 s. costs; and also that Hugh Tildesley, who made the processe against the defendant without a sufficient Bill, shall pay unto the defendant other 10 s. for his costs; William Garneston plaintant, Thomas Bradwell defendant. Anno 5. Hen. 6. Philip and Mary fol. 11.

For as much as a Commission to examine witnesses in perpetuam rei memoriam, Publication of witnesses in perpetuam rei memoriam a yeare past. issued out of this Court, and the witnesses examined by vertue thereof, have remained in court by the space of a year; It is ordered that publication shall be granted Richard Gravenor, and Iohn Gravenor plaintants, Bryan Brearton defendant. An. 5. and 6. Phil. and M. fol. 12.

Episcopu Cicestrens. publication of witnesses in perpetuam rei memoriam. Consil. An. 5. and 6. Phil. and Mar. fol. 30.

Willington plaintant,Consil. Agar defendant, publication of witnesses remaining since 33. H. 8. fol. 42. Anno 5, and 6. Phil. and Mary.

[Page]An Injunction is granted against the defendants to deliver to the plaintant certaine Plate contained in their Petition, or else to appeare and shew cause in crur. anim. prox. Anno 5. and 6. P. and M. fol. 13. David Geoffry, and Iohn Geoffry plaintants, and Thomas Davis defendant.

The manner of entring decrees in times past.A decree is made for the plaintant, as by the Record thereof signed with the Lord Chancellors hand plainly appeareth; and the said Record is delivered to Iohn Millisent Attorney for the plaintant to be inrolled, the Deane and Chapter of Lincolne plaintant, Bevore and Alice defendants. Anno 5. and 6. Phil. and Mary fol. 15.

Dismissions and the manner of entri [...]g them. Glanffell plaintant, Strickley defendant, a decree is made for the defendant for dismission of the cause, as by the Record thereof signed with the Lord Chancellors hand; and the same put to the inrolment. Anno 5. and 6. Phil. and Mary fol. 22.

Oath made for serving a Subpoena before witnesses examined in perpetuall memory. Iames Iervis hath made oath for the delivery of a subpoena to the defendant, whereby he hath knowledge that witnesses are to be examined in perpetuall memory; so that he may if he will examine the same witnesses in this court; therefore the examinors in this court may proceed to the examination of the said witnesses accordingly; Hatcham plaintiffe,Consilio. Winchcombe defendant. 5. and 6. P. and M. fol. 19.

Porter plaintant, Baker defendant, the examinor may proceed to examination of witnesses in perpetuall memory;Commission to examine in perpe [...]uall memory. if the plaintant have served a Subpoena upon the defendant, to give him notice [Page] to examine likewise. An. 5. and 6. P. and M. fol. 32.

Forasmuch as the plaint hath taken oath in this court, that there are sundry witnesses contained in a Schedule exhibited in this court, which he desireth to have examined [...]n perpetuall memory, so impotent and sick, that they are not able to travell up to be examined in court, without danger of their lives; therefore a Commission is awarded to Sir Humfrey B [...]adburne Knight, to examine the same witnesses in perpetuall memory, Bagshawe plaintant, defendant. An 5. and 6. P. and M. fol. 22.

Robins plaintant,Consilia. Foster defendant, a Commission is granted to examine witnesses in the Countrey, being impotent, in perpetuall memory. Anno 5. and 6. P. and M. fol. 26.

The plaintant is adjudged to pay to the defendant costs three pound,Costs for a wit [...]esse served to testifie before the Major of London. for that he was served to appear before the Lord Mayor of London to testifie in a matter depending before the said Lord Mayor, between the plaintant, and one Iohn Gresham, and others without any precept directed from the Lord Mayor, unto the said defendant to appeare; Rowe and Alice plaintants, Thomas Guybone defendant. Anno 5. and 6. P. and M. fol. 24.

Iohn Manlye hath taken oath,Publication of witnesses to be used at a Court Baron. the deposition of witnesses examined on the behalfe of the plaintant, and remaining in this Court, are to be given in evidence at a Court Baron holden at Potton in the County of Bedford on M [...]nday next; therefore publication is granted, William Manlye Clerke plaintant, Thomas Simcote defendant. Anno 5. and 6. Phil. and Mary. fol. 24.

[Page] Injunction to stay proceedings in Judgement, or execution.An injunction is awarded against the defendant, to stay his proceedings in the Sheriffes Court of London, or elsewhere upon debt of 100 l. not to proceed to triall, judgement, or to execution, if judgement be given. Iohn Ayland plaintiffe, Francis Bacon defendant. Anno 5. and 6. P. and M. fol. 29.

Fem [...]sole takes out a Subpoena, and then marryeth, and serveth it, she and her husband pay costs.Forasmuch as the plaintant served processe upon the defendent, by the name of Magaret Hastings, and at that instant was marryed to William Brown; and also for want of a Bill, therefore the said William Brown, and Margaret are adjudged to pay to the defendant 20 s. costs, Margaret Hastings plaintant, Nicholas Iugges defendant. Anno 5. and 6. P. and M. fol. 30.

Commission to take the defendants answer upon a languidus returned.Forasmuch as the Sheriffe of Den [...]igb hath returned a Languidus in prison, therefore a Commission is awarded to Richard Griffeths and others, to take the answer of the defendant, Iohn ap Thomas plaintant, Engharard Hoell widow defendant. An. 5. and. 6. P. and M. fol. 33.

Injunction to put the defendant in such possession as he had at the time of the Bill exhibited.Forasmuch as the defendant was in possession of the lands at the time of the Bill exhibited; and the plaintant hath sithence entered, therefore an injunction is granted to the defendant against the plaintiffe, to avoid the possession. William Hawkes, and Ie [...]nit his wife plaintants, Iohn Champion and others defendants. An. 5. and 6. P. and M. fol. 35.

Jurisdiction of Wales rejected.It is ordered the plaintant shall between this and Friday next, bring into this Court a certificate from the officers of the Queens house, or otherwise; whereby this Court may credibly understand, that his attendance in Court is necessary [Page] and that he cannot conveniently be absent, or if he cannot so doe, then the matter is remitted to the determination of the Commissioners in the marches of Wales. Phillip Mannering plaintant, Henry Smallwood, and Alice defendants. Anno 1. Eliz. fol. 51.

Mannering plaintant, Smallwood and Alice defendants for want of a certificate,Consil. that the plaintants attendance in Court is necessary, the cause is dismissed into the marches of Wales. Anno 1. Eliz. fol. 62.

The plaintants husband was bound in a Statute of 160 l. to pay 160 l. and after by Indenture the defendant did grant unto the plaintants husband,Injunction to stay suite of execution of land which he agreed not to doe. that if he failed in the payment of the said 160 l. the same should be levyed of certaine lands then the said plaintants husbands lands called Stirbeck, and some other lands specially named lying in Hawthorne in the County of Lincolne; the husband dyed, and the defendant sued execution as well of other lands in the occupation of the plaintants late husband, as of the said lands mentioned in the Indenture. And Sir Nicholas Bacon, Lord Keeper of the great Seale of England, granted an injunction against the defendant immediately to remove from the possession of all the other lands, except of those onely contained in the Indenture; and that he should quietly suffer the plaintant to enjoy the same, Margaret Pulvertost widdow plaintant, and Gilbert Pulvertost defendant. Anno 1. Eliz. fol. 51.

An Injunction was granted to the plaintant, upon the surmises of his Bill,Injunction with a clause (si ita sit) with this clause (si ita sit) that the plaintant be in possession by good [Page] conveyance in Law as he alleadgeth, Nota it was then usuall to grant Injunctions upon surmises with a proviso (si ita sit) Fodringham Christopherus plaintant, Richard Chomeley defendant. Anno 1. Eliz. fol. 67.

A gardian admitted to the defendant infant.Forasmuch as the defendant is under age, and by inspection not above the age of fifteen yeers; therefore George Wyat is by this Court named, and appointed Gardian to the defendant, Hugh Langley plaintant, and Philip Mark defendant. Anno 1. Eliz. fol. 73.

A Commission to put the plaintant in possession, Injunction being dissolved or disobeyed▪ The defendant enjoyned in open Court not to proceed in his action.A Commission is awarded to the Sheriffe of Nottingham ▪ and [...]erby, to put the plaintant in possession of certain lands, for which he formerly had an Injunction against the defendants, which they have disobeyed, William Boles plaintant, Richard Walley and Alice defendants. Anno 1. Eliz. fol. 84.

The defendant is enjoyned in open court upon paine of 200 l. not to proceed any further in an action, upon the case by him commenced in the Kings Bench against the plaintant, nor that he procure the Jury to be sworne in the issue, but onely to record their appearance untill to morrow, at which time further Order shall be taken by the Court, George Riche plaintant, Edmond Foard defendant. Anno 1. Eliz. fol. 88.

Attachment against the defe [...]dant, and a subpoena against oue supposed to beat the server.Upon information the defendant disobeyed a writ of subpoena brought to be served against her; and that they which should have served the said writ, were beaten and wounded, therefore an Attachment was granted against the defendant; and a subpoena against Edmond Pirton returned immediate, William Rove, and Rose his wife plaintants, Agnes west widdow defendant. Anno 1. Eliz. fol. 90. and 97.

[Page]Where the said Edward Pyke hath of long time been,The plaintant was in execution at the suite of the King, and being no just cause therefore, he was delivered by supersedeas. a [...]d yet is in execution upon a Statute, at the suite of the late King Edward the 6. Forasmuch as upon the examination of the matter befo [...]e the Lord Keeper of the Great Seale of England in open Court, it manifestly appeareth that there was not just cause, why the said Pyke should remaine in execution, as G [...]lbert Gerrard, and Rosewell Esquire, the Queenes Majesties Attorney, and Solliciter Generall being present did confesse and agree; It is therefore now ordered, that a Writ of supersedeas be directed to the Warden of the Fleet, in whose custody the said Pyke now is, commanding him by the same forthwith upon the receipt thereof, to deliver out of prison the body of the said plaintant, provided alwayes before his deliverance he be bound to her Majesty by Recognizance in 100 l. not onely to make his further appearance to answer her Highnesse any thing hereafter shall happen to be laid to his charge concerning the said execution; but also to stand to, and obey all such order and determination as the said Lord Keeper of the Great Seale and this court shall hereafter take in the matter in variance between him and the said Graunt, Edward Pyke plaintant, Robert Graunt defendant. Anno 1. Eliz. fol. 166.

Pakine the Husband onely appeared,The Husband and wife defendants, he onely appears and demurs, Attachment against both. and put in a demurrer in both their names without oath of impotency, or otherwise for non appearance of Ioan his wife; whereupon an Attachment is awarded against the defendants, Thomas Spicer and Katherine his wise plaintants, Iohn Pakine and Ioan [...] his wife defendants. An. 1. Eliz. fol. 170.

[Page] A demurrer put in, and the defendant appeared not in person, a Subpoena to make direct auswer. Attorney at Law enjoyned not to proceed or call for Judgement. Thomas Hodge plaintant, William Smith defendant; the defendant demurred by his Counsell not appearing in person, therefore a Subpoena was awarded against him to make a direct answer. An. 1. Eliz. fol. 230.

Iohn Iackson Attorney for the defendant at the common Law is in open Court enjoyned, that neither he, nor any other by his means do further proceed in an action of tresp. commenced against the plaint. and depending at the cōmon law, nor call for Judgement, untill further order shall be therein taken by the Lord Keeper of the great Seale of England, and high Court of Chancery, Iohn Sedgewick and Alice plaintants, Will. Redman defendant. An. 1. Eliz. fol. 212.

An Injunction granted for not appearing, and to stay proceedings at the common Law.The plaintant served the defendant with a Subpoena to appear in Chancery, whereof he made oath, and because the defendant did not appear, and Injunction was awarded against the defendant, his Councellors and Attorneyes, upon paine of 200 l. not to proceed in Judgement in an action of debt of 40 l. in the common Pleas against the defendant. An. 1. Eliz. fol 213. Thomas Knot plaintant, Thomas Iackson defendant.

A Commission to examine witnesses upon oath of impotency. David Eyre was served with a Subpoena ad testificandum for the plaintant in a cause depending in this Court, and Thomas Eyre made oath, that the said David Eyre was, at the serving of the said Subpoena upon him, and yet is, so sick, that he is not able to travell hither to testifie; therefore a Commission is granted to such Commissioners as the plaintant will nominate to examine him, Iohn Wade plaintanr, Gwye and Alice defendant. An. 1. Eliz. fol. 240.

[Page]An Attachment was awarded against the defendant for his not appearance upon oath,A defendant appearing gratis, an Attachment being out was committed. he was served with a Subpoena, who now appeared gratis, and would have excused himselfe, that he had no notice of the Subpoena, but he that served the Subpoena, deposed he did hang the same upon the defendants doore, and within halfe an houre after, saw him abroad with a writ in his hand, which he supposed to be the Subpoena; therefore he is committed to the Prison of the Fleet, Bernard Richers plaintant, Tho. Stilman defendant. An. 1. Eliz. fo. 249.

The defendant was served with a Subpoena the day of the return;The defendant served with a Subpoena the day of the returne. and for his not appearance an Attachment was awarded against him, and upon oath, that he was served sixscore miles of, so as hee could by no possibility appeare, therefore a Commission is awarded to take their Answers in the Countrey, paying the plaintant 6 s. 8 p, for his costs; Henry George plaintant, Henry Bolington, and Ioane Deane defendants, fol. 255.

An Injunction is granted to discharge an execution by Elegit taken by the defendant out of this Court,An Injunction to discharge an execution for that the defendant being served did not appear. for that he being served with a Subpoena did not appear, William Hobby plaintant, Francis Kemp defendant. Anno 1. Eliz. 274.

The plaintant served one Rolfe with a Subpoena ad testificandum, and after he was served before he could be examined,A witnesse served to testifie, pressed for a Souldier, Attachment is stayed. Rolfe was pressed for a Souldier; upon oath made hereof Attachment was stayed, Richard Humble and Anne his wife plaintants, William Malbe defendant. Anno Eliz. fol. 3.

[Page] Injunction (si ita sit) to stay Judgement and Execution.The plaintant sets forth by his Bill that where there was a suit depending in the Dutchie court, between the defendant and Christopher Aschugh his brother for certaine Lands; It was agreed, and the plaintant was bound to the defendat in 100 l. that the said Christopher should become bound by Obligation in the sum of 100 l. the tenth day of Iune following; and should then also make unto him a release; and the defendant was also bound by Obligation in 50 l. to pay the said Christopher a sum of money the 9. of Iune in the Parish Church of Da [...]e. And because both the dayes of performance of the conditions of the said severall Obligations were so neer together, therefore it was agreed, that when the defendant paid his money, the said Christopher should make his Bond and release; and sheweth that the 9. day of Iune, the defendant came not himselfe, but sent his servant to pay the money; and Christopher was there ready to make the bond & release to the defendant, and offered to deliver the same to the defendants servants, but they refused to accept thereof; and afterward the said Christopher offered the same to the defendant, but he likewise refused to receive the same; and yet puts the plaintants bond of 100 l. in suite in the Kings Bench; hereupon an Injunction is granted with a clause (si ita sit) to stay all further prosecution of any action, in any the Queenes Courts at the common law, or else where,Injunction to stay proceedings before action brought. upon the bond of 100 l. against the plaintant; and also the taking of any Nisi prius, or Judgement, or execution upon Judgement, if Judgement be already given upon the same Bond, untill the defendant have made a perfect [Page] Answer, and the Court take other order, Aschughe plaintant, Skelton defendant. Anno 2. Eliz. fol. 9. and 12.

A Commission is awarded to Thomas Ward, A Commission to the examinor of the Court to examine w [...]tnesses. one of the examinors of this court of Chance [...]y, for the examining of witnesses in perpetuall memory, in which Commission the defendants may examine if they thinke good, Barentine plaintant, Harbert and Alice defendants. Anno 2. Eliz. fol. 46.

The defendant was bound by Recognizance to the Chamberlaine of London for payment of divers sums of money for Orphan [...] portions;A Subpoena to appeare before the Major and Aldermen of London for an Orphans Portion. and departed out of the City, and dwelt in Oxford shire, leaving no Estate behinde him in the City, so as the processe of the City cannot take hold; therefore a subpoena is granted against him upon pain of 100 l. to appeare before the Major, and Aldermen, and to stand to their Order: Major and Aldermen of London plaintants, Iohn Dormer defendant. Anno 2. Eliz. fol. 5. Afterwards fol. 67. ordered, if he doe not appeare, an Attachment is granted.

Sr Humphrey Brown Knight one of the Judges of the common Pleas is plaintant against the defendant;An Order for bringing Evidences into Court. and an order is made for bringing in and delivery into the court of certaine evidences, Sir Humphrey Browne Knight plaintant, Thomas Smith defendant. Anno 2. Eliz. fol. 53.

Nota that dismissions were entred at large,Decrees and dismissions entred at large, Anno. 2. Eliz. fol. 55. and fol. 56. A decree was entred at large in the Registers Booke; which be the first I finde entred at large in that kind, and so after divers others.A Writ of priviledge granted to a suter.

The defendant appeared upon a Subpaena, [Page] and answered the plaintants Bill; and after attended upon the Lord Keeper, for a matter in controversie between him and one Ellin W [...]yne, and in the meane time being arrested in London, at the suite of one Anthony Brisket, contrary to the order and priviledge of this court; it is therefore ordered, that a Subpoena of priviledge be granted to the Major and Sheriffes of London for the discharge of the said arrest, Rich. Dutton plaint. Will. Alersey defend. An. 2. Eliz. f. 58.

Forasmuch as Thomas Harbert Sheriffe of Monmouthshire, The Sheriffe amersed 5 l. for returne non est inventus, upon an Attachment having bin in presence of the party. hath returned non est inventus upon an Attachment awarded against Roger Williams who is a Justice of Peace, and as is informed, was at the last quarter Sessions holden for the same County; therefore the Sheriffe is amercyed five pound, Sir Thomas Stradling Knight plaintant, William Earl of Pembrooke defendant. An. 2. Eliz. fol. 84.

The Attorney ordered to stay proceedings, the defendant proceedeth; Injunction to bring in the money levyed, and to answer the contempt.The Defendants Attorney at Law, was enjoyned to stay his proceedings at Law against the plaintant in an action of trespasse. And notwithstanding this, the defendant himselfe proceeded and got Judgement, and took out alevari facias against the plaintant, and an Injunction was granted against the defendant himselfe, to stay the execution of the same Writ of levari facias, or if he had executed it, and levyed the dammage and costs, that then he should bring all the money thereupon received into the Court of Chancery in Crastina Ascensionis Domini, to be disposed of as the Court shall think fit, and yet notwithstanding himselfe should be then present in Court to answer the contempt, Iohn Segewick plaintant, William Redman defend. An. 2. Eliz. fol. 92.

[Page]The Defendant was in possession at the time of the Bill exhibited and the plaintant entred upon him after the Bill,Injunction for the defendants possession. therefore an Injunction for the defendant against the plaintant, William Dowche plaintant, Iohn Perrot. defendant. An. 2. Eliz. fol. 99.

An Injunction was granted against the defend. upon paine of 100 l. that he should not prosecute an Action of debt of 5 l. or any writ of Nisi prius, Injunction to stay all procee [...]ings at common Law. Jury, Judgement, or execution of Judgement, if Judgement be given before the Justices of either Bench, untill speciall licence be given by this Court,The defen. examined upon Interrogatories, and if the▪ matter appeare not for the plaintant, then he to pay costs, and the cause dismissed. Defendant dismissed with costs, the plaintant not appearing at the hearing. Decreed that the defendant shall acknowledge satisfaction of a Judgement. Thomas Stanebridge plaintant, Thomas Hales defendant. An. 1. Eliz. fol. 103.

Forasmuch as it is informed the tryall of the truth of the matter resteth altogether in the Declaration of the defendant; it is therefore ordered that the defendant shall be examined upon interrogatories to be ministred by the plaintant, upon whose examination if the matter fall not out for the plaintant, then the plaintaint to pay the defendant costs, and the cause to be dismissed, Iohn Fyfield plaintant, Iohn Vinore and Alice defendants. An. 2. Eliz. fol. 122.

The plaintant at the day appointed for hearing appeared not, therefore the defendant is dismissed with costs, Richard Fincham plaintant, William Backwood defendant. An. 2. Eliz. f. 125.

The defendant notwithstanding an Injunction delivered unto him, got a Judgement upon an action of debt in the common Pleas; and decreed upon the hearing of the cause that the defendant shall within 14. dayes next after the decree resort to the Record in the common Pleas, whereupon the said judgement is [Page] entered, and there to confesse of record a full satisfaction of the said Judgement. Nota the action of debt in the common Pleas was for not delivering to the defendant a Statute, which by the depositions of witnesses, appeared to be delivered, and by the Clarke of the Staples cerficate, the record was discharged, Nicholas Colverwell plaintant, Ralph Bongey defendant. Anno 2. Eliz. fol. 126.

A dec [...]ce for a fould-cou [...]se or common of pasture,It is decreed the plaintant his heires and assignes, and his or their Farmors of the said Farme or Tenement called Stubles, shall from henceforth hold and enjoy as appendant to the same Farme or Tenement called Stubles, all the same Fould course, or common of pasture, for the full number of 300 sheep within the said fields of Wentforth alias Wentford, Basill Fielding and Alice plaintants, Thomas Wren defendant. Anno 2. Eliz. fol. 137. and 155.

Two defendants contend for a Tenement the Tenant paying his Re [...]t into the Cha [...] cery i [...] discharged.The plaintant exhibited his Bill thereby shewing that there is question and controversie between two defendants, for the reversion of the Mannor of Aldwell, which he holdeth for yeares by Lease, made thereof to him by one Anthony Marmyon, and that he doth not know to which of them the rent and reversion is due, and therefore desireth, that upon payment of his rent into this court according to the Covenants and articles of his lease he may be discharged, & saved harmelesse from molestation, suite, and trouble for the same rents by the defendants or either of them; wherefore it is ordered an Injunction be awarded against the defendants, not to molest the plaintant for his said rent during the said contention, so as the plaintant pay his rent into [Page] this Court, Iohn Alnete plaintant, Christopher Bettam, and Edmond Marmyon defendants. Anno 2. Eliz. fol. 141.

Upon hearing of the matter,Setting down depo [...]itions in a wrong [...]en [...]e suppressed, and the witnesses examined againe. three witnesses examined by Commission did in open court depose, that the commissioners have set downe their depositions otherwise then they did depose; therefore it is ordered those depositions shall be void, and the same witnesses shall be examined again, Iohn Peacock plaintant, Edward Collens defendant. Anno 2. Eliz. fol. 146.

For that the Court was credibly informed,I [...]junction for the plaintants possession as at the time of the Bill, and three yea [...]es before. An Award made by Justices of Assize ordered to be performed. the plaintant was in peaceable possession at the time of the Bill exhibited, and three yeares before, an Injunction is awarded, Iohn Sapcote plaintant, William Newport defendant. Anno 2. Eliz. fol. 173.

The suite was concerning the custome of Tenant right for Lands in Dent in the County of Yorke; and for that both parties confessed, that Justice Dallison, and Serjeant Rastall Justices of Assizes in that County had made an award in the cause between the parties, therefore it was decreed that both parties should performe it; and an Injunction is granted to either party against the other for that purpose; and where an Injunction was the last Terme granted against the defendant, for stay of execution upon a Judgement in the common Pleas; it is ordered the said Injunction shall stand in force,Injunction to stay suits I [...] the plaintant bring 223 l [...]to court; execution to st [...]y for the rest. and the defendant shall obey the same, and the defendant shall answer the plaintants Bill, William Burtet, and Alice plaintants, William Redman defendant. An. 2. Eliz. fol. 174.

It is ordere [...] the Injunction formerly granted [Page] the defendant, for stay of his action in the Kings Bench be dissolved, and the defendant to be at liberty, to take Judgement upon his action of bebt of 500 l. Provided if the plaintant doe bring into court on Munday next, 223 l. then execution for the rest is to be suspended untill this Court take other order; Thomas Stanebridge plaintant, Thomas Hales defendant. An. 2. Eliz. fol. 176.

Witnesses examined by commission before answer, in regard they were old. The plaintant after Bill, answer, and replication distraineth for which an Injunction is granted.The plaintant exhibited his bill in this Court, and before the defendant answered, had a Commission to examine his witnesses, upon pretence the witnesses were old and in danger to dye; Sir Radnus Bagnold, Miles plaintant, Greene defendant. An. 2. Eliz. fol. 178.

The defendant first exhibited her Bill in this Court for land conveyed to her in joynture, and evidences of the same land, and after did molest the same plaintant by distresses, after answer and replication put into this Court, therefore an Injunction is granted; Richard Kidnere plaintant, Agnes Harrison defendant. An. 2. Eliz. fol. 173.

The plaintant setteth forth, that his Father and he are joyntly seized for life of the Lordship of Barrington in the County Palatine of Durham;Certiorare to remove the suite from the Chancery of Durham into this Court. and that the defendant sues his Father for those lands before the Chancellor of Durham, and for that it was informed that the plaintant dwelleth in Ratcliffe, in the County of Middlesex; and that the plaintants Father is an old diseased man, and not able to follow his suite; therefore a Certiorare is granted, directed to the Chancellor of Durham, to certifie into this Court the whole matter depending before him, William Hilton and Alice plaintants, R [...]rt Lawson, and [Page] William Lawson defendants. Anno 2. Eliz. fol. 200 l.

The plaintant being sonne and heire to his Father,Injunction to stay judgement upon certificate of the Justices of Assizes. who dyed intestate, entred into the house whereof his Father dyed seized in Fee, and possessed himselfe of certain small parcels of goods, to the value of 5 s. of his Fathers goods who dyed intestate; and the defendant having an Obligation of 400 l. made by the Father unto him for performing the covenants of an Indenture, sued the son as Executor to his Father (who dyed intestate) and upon the testimony of some witnesses, that the plaintant had sold or given away the said small parcels of goods, a verdict passed for the defendant for the whole 400 l. which appeared by Certificate of the Justices of Assizes; and thereupon an Injunction was granted to stay Judgement, and all other actions to be commenced by the defendant against the plaintant upon the same Obligation, untill the matter be heard, or otherwise determined by the Court; Edward North plaintant, George Ke [...]ewich defendant. Anno 2. Eliz. fol. 237.

It is ordered,Injunction dissolved if cause be not shewed. if the defendant shew not cause on Friday next, then the Injunction before granted for the defendant against the plaintant, to stay his Execution in the Kings Bench, shall be dissolved, or else the money for which the plaintant lyeth in Execution at the defendants suite shall remaine in his hands, in part of payment of such money as is due unto him by the defendant; and afterwards upon Fryday because the Lord Keeper did not sit in Court to hear such cause a [...] was offered, further day was given, and afterwards the plaintant was left at liberty to [Page] call for Execution upon the Judgement, because the defendant shewed no cause, Thomas Hales plaintant, Thomas Stanebridge defendant. Anno 2. Eliz. fol. 244.

Injunction to stay the defendants suit at Law, because he began in Chancery.The defendant exhibited his Bill into the Chancery, for certaine Lands, and afterwards sued the plaintant in the Common Pleas for the same Lands, before the matter was determined in the Chancery; therefore an Injunction was awarded against the said Body, to stay his proceedings in the common Pleas; Robert Bill, and Thomas Gifford plaintants, Iohn Body defendant. Anno 2. Eliz. fol. 263.

The plaintant being in execution upon a Statute, was delivered upon Recognizance.The undersheriffe of Middlesex brought into this Court the body of the plaintant by commandment of the Lord Keeper, in execution upon a Writ of extent of 300 l. together with the said Writ, at the suite of Sir Edmund Maliverer Knight; and by order of Court he was taken from the Sheriffe of Middlesex, and delivered in execution to the warden of the Fleet for the 300 l. and because the defendants shewed no good cause to the contrary upon a day given them; therefore it was ordered that upon Recognizance by the plaintant and good sureties, to stand to the order of the Court, or else to yeeld his body prisoner to the Fleet in execution, and there to remaine untill the defendant be satisfied; he the plaintant shall have liberty to goe at large; and that the defendant shall not sue for any manner of Execution, by force of the said execution; Robert Rosse plaintant, Christopher Lassels, and Alice defendants. Anno 3. Eliz. fol. 90.

The plaintant had Judgement in the Kings [Page] Bench against the defendant upon a Bond of 200 l. and another Judgement for 300 l upon an action of debt of arrerages of account in the Kings Bench;The plaintant had execution for 300 l. and ordered to take execution for 100 l. onely. and ordered they may proceed with execution upon the Bond of 200 l. and also to take execution of 100 l. parcell of the 300 l. provided alwayes, and it is ordered the plaintant shall not in any wise proceed, nor take execution of the 200 l. residue of the 300 l recovered upon the accompt, without speciall license of the Court, Iohn Brooke, and Katherine his wife plaintants, Thomas Apprice defendant. Anno 3. Eliz. fol. 233.

The plaintant sheweth by his Bill,A de vilaica removenda, for part of a personage and an Injunction for the house. that the personage of Thekelye was holden by force, whereby the plaintant could not be inducted, whereupon a Writ of de vilaica removenda was awarded out of this Court, and thereby the plaintant put in possession by the Sheriffe: neverthelesse the defendant keepeth the possession of the said house appertaining to the personage; and for that the plaintant is bound to pay his first fruits to the Queenes Majesty, therefore an Injunction is granted against him; Thomas Boult Clerk plaintant, Sir George Blunt, Miles and Alice defendants. An. 3. Eliz. fol. 262.

The plaintant made Title to the lands by a Lease paroll made by the defendant unto him,Injunction for the corn sowed upon a lease paroll. whereupon he did sow the ground with Corne, and the defendant entred upon him; therefore the plaintant had an Injunction for the Corne; Thomas Harrison plaintant, Richard Chomeley, Miles and Alice defendants.Decree for 3 s. 4 d. rent service and suite of Court. An. 3. Eliz. for three hundred pound.

It is decreed, the desendant and his Heires [Page] shall from time to time yearly pay to the plaintant and his heires Lords of the Mannor of Knebworth, the rent of 3 s. 4 d. for the peece of ground called the Haw [...]e, together with the arrerages thereof since the 6. of Ed. the 6: And shall from henceforth doe suite and service to the Court of the plaintant and his Heirs, owners of the said Mannor; and the plaintant and his Heires shall have and receive the fines and amercyaments presentable in the Court of the Mannor for any trespasse, or lack of service done by the Tenants of the said Hawte; Richard Litton plaintant, Iohn Couper defendant. An. 6. Eliz fol. 145.

The plaintant marrie [...] before answer, and no advantage taken, therefore no Bill of revivor.It is Ordered a Subpoena be awarded against the defendant to be examined upon interrogatories, whether before his Answer he had knowledge that the plaintant was marryed, and would take no advantage of the same marriage in his Answer, then the matter to proceed without Bill of revivor; Christian Fairefield plaintant, Robert Greenfield defendant. An. 6. Eliz. fol. 150.

Advowson passeth not by livery, within view of the Church without deed, there being incumbent.The question of the case drawn was, whether the advowson in question did passe by the livery made in the view of the Church without deed or not (the Church being full of an incumbent) and resolved by the Lord chiefe Justice of the Kings Bench, and Justice Manwood, to whom the same was referred, that the Advowson could not passe by that livery; Pannell plaintant, Hodgson alias Hodson defendant. Anno 18. and 19. Eliz.

A Subpoena Ducens tecum was awarded against the defendant to bring in certaine deeds, and to shew cause why the same should not be delivered [Page] to the plaintant;A ducens tecum to bring in deeds, but ordered to be delivered to the usher of the Court not to the plaintant. the defendant by his councell, shewed that the Morgage was upon condition for payment of 40 l. at a day; and before the day, the Morgager sold the same over to the plaintant, and delivered the Estate by livery and seizin, whereby the condition was extinct; and yet the defendant offered to give for the same 100 l. It is ordered that the evidences be delivered to the Usher of the Court, but not to the plaintant, without speciall order; Wilford plaintant, Denny defendant. Anno 18. and 19. Eliz.

The plaintant exhibited his Bill to be releived for a promise,The defendant took a Commission and returned a demurrer, ordered to answer. supposed to be made by the Lady Lutterell for a Lease of certaine lands; and for stopping certaine wayes; the defendant had a Commission to take her answer, and demmurred for that the plaintant may have his remedy by Law, which cause seemes insufficient, and not to be allowed of; and the rather for that the defendants having a Commission to take their answers in the Co [...]ntry did demurre; therefore a Subpoena is awarded against them to make a better answer; Stukly plaintant, the Lady Lutterell & Aliis defendants. An. 18. and 19. Eliz.

Stephen Smith made oath that he was present,Attachment for not performing a decree. when one Iohn Maddock made these persons hereafter named, privy to a Writ of execution, upon a decree made for the plaintant, viz. Iohn Ward, Iohn Priddo [...]k, Henry Pinly, Lawrence Banks, Iohn Kiddermaster, and William Tuttle; And the said Maddocks left the same Writ with one Thomas Smith, from whom the defendant confesseth the receipt of the said Writ, which [Page] said parties have not performed the said decree; therefore an attachment is awarded against them; Leake plaintant, Marrow defendant, An. 18. and 19. Eliz.

The defendants executors to their Father being Gardian in Socage to the plaintant, are ordered to answer for profits taken by him.The Bill is against the defendants as Executors to their Father, who in his life time being Gardian in Soccage to the plaintant in right of the plaintants mother whom he married, for and concerning profits by him taken of the lands of the plaintant during his minority, for fines of Leases, Woodsales, and wilfull decay of houses, and doth a [...]er assets sufficient to become to their hands; the defendants demurre, because not privy, nor chargeable by Law, but ordered to answer; Burgh plaintant, Wentworth defendant Anno 18. and 19 Eliz.

Thomas Staple [...]on made oath, that he delivered a Subpoena to the defendants wife,Subpoena delivered to the defendants wife in his house sufficient. being in the defendants house who hath not appeared, therefore an Attachment is awarded; Barlow plaintant, Baker defendant. Anno 18. and 19. Eliz.

It is decreed by Assent, that the defendant being Lord of the Mannor of Alderswasley, A years value allowed upon surrender of Copy hold Land. shall have for a fine of a Coppyholder upon a Surrender, one whole yeares value, as the same is reasonable worth, according to the usuall rates of Lands in that Countrey, Blackwall and Alice Tenants of the Mannor of Alderswasley plaintants,The plaintant sueth for tokens he delivered to the defendant as a suiter in marriage, and obtaineth them. Low defendant. An. 18. and 19. Eliz.

The defendant confesseth by her answer, the having of a Tablet or Pomander in Gold demanded by the plaintant; and as to the 20 l. likewise demanded by the plaintant, by him left with the said d [...]fendant as a token, at such time as he was a suter for marriage to the defendant; [Page] she confesseth the same was left with her against her will, and she delivered the same over unto one Sydole her brother, who was a dealer with her on the plaintants behalfe, to the end hee should deliver the same over to the plaintant. It is ordered the Tablet be forthwith delivered by the defendant to the plaintant, which was done presently in Court; and as to the 20 l. the plaintant shall call in the said Sidole by processe; Young plaintant, Burrell and Elizabeth uxor ejus defendants. Anno 18 and 19. Eliz.

The plaintant by his Bill sheweth,A Bill against a Copy of Court Roll indirectly entred, the defendants demurre, but ordered to answer. that the Copy of the Court [...]oll whereby the defendants pretend title, was indirectly entered by the Stewards Clarke of the mannor; the defendants demurre for that the plaintants shall not be received by surmise to object against, or impeach the said Court Rols; and alleadgeth further the Copy was found by the homage to be true, which causes seem to this Court very insufficient: It is therefore ordered, if cause be not shewed before Wednesday for maintenance of the demurrer, then a Subpoena is awarded against the defendants to make answer; Holden and Holden plaintants, Cleark and Alice defendants. Anno 18. and 19. Eliz.

The plaintaint hath exhibited his Bill of Revivor against two,Variance in a Bill of Revivor from the first bill dissolved. Jurisdiction of Oxford rejected, one of the defendants, being not resident there▪ where the first Bill was against three; and the personage in question is named by another name then in the former Bill; therefore ordered, if cause be not shewed by a day, the defendant shall be discharged, Heines plaintant, William Day Deane of Windsor, and Hatchines defendants. An. 18. and 19. Eliz.

William Lowgher appeared and answered, but [Page] Rob. Lowgher claimed the priviledge of the university of Oxf. but because the said Doct. Lowgher was joyned with William Lowgher in the bill who was not subject to the same Jurisdiction; therefore ordered processe to be awarded against him to shew other cause why he should not answer; White plaintant; Rob. Lowgher Doctor of Divinity, and Will. Lowgher defend. An. 18. & 19. Eliz.

Prosecuting contempt after a generall pardon to pay costs.The defendant is adjudged to pay to the plaintants 40 s. costs for suing out processe of contempt against him, being discharged by her Majesties generall pardon; Iones and Parris plaintant, Iones defend. An. 18. and 19. Eliz. There is more presidents of the like case.

Subpoena hanged on the door of an house, where the defendant resorted. Walter Ieames made oath, that he hanged a Subpoena on the door of one Stacy Barry widdow; and that the defendant used to resort thither as he heard reported before that time, who hath not appeared; therefore an attachment was awarded; Ieames plaintant, Morgan defendant. An. 18. and 19. Eliz.

Witnesses examined by fraud suppressed and the practizers to be proceeded against by Bill.The plaintant exhibited his Bill against the defendant, by practise of purpose to examine witnesses, and did examine witnesses accordingly, whereas the cause chiefely concerned one Thomas Staunton, and Will. Bayes; and therefore ordered that the depositions should be suppressed, and that the said Staunton and Bayles shall exhibite a Bill into this Court, against all such as they thinke to be parties to the fraudulent abusing of this Court; Walford plaintant, Walford defendant. An. 19. Eliz.

Jurisdiction of Lancaster allowed.It is informed that the parties dwell in the County Palatine of Lancaster, and the matter of the Bill is for a supposed trespasse, in entring [Page] upon the defendants lands, and consuming his grasse and hay upon the same, which this Court doth not use to hold Plea of; therefore ordered if it be true, then the cause is dismissed, and the plaintant to take his remedy in the County Palatine of Lancaster; Hame [...]heson plaintant, Tounstall, Covell, Rigmaden, and Baldwin defendants. An. 19. Eliz.

The plaintants suit is to have an award made (by Master Tilbey ▪ Suit to have the defendant performe an award. and Mr. Chambers Arbitrators indifferently chosen) performed, and both parties were bound each to other for the performance of the award; and one part of the award was, that if any question did grow between the parties, the arbitrators should end it; It is ordered a Subpoena to shew cause; Launcellot Barker plaintant, Peter Barker defend. An. 19. Eliz.

The plaintant exhibiteth a Bill of complaint against Luce and Maulde two of the defendants;Two defendants, the one taketh a husband, the plaintant puts in a Bill of revivor against husband and wife, and they discharged with cost [...] ▪ and after Commission Maulde marrieth Iohn Bourne the other defendant, and the plaintant then exhibited a Bill of Revivor against the defendants, which needeth not as it seemeth to this Court; therefore ordered, if there be no cause of revivor, that Bourne and his wife who are called up by processe to answer the same Bill are licenced to depart without answer to the Bill of revivor; and the plaintant to pay him such costs as this Court shall award; Iackson, and Vxor plaintants,The plaintant o [...]dered not to proceed, till he make one a party, whom the defendant prayeth in ayde. Luce Smith, Iohn Bourne, and Maulde his wife defendants. An. 19. Eliz.

The plaintant by his Bill pretends title to certaine lands, and Freehold Lands, which lands the defend▪ claims to hold by Copy of court Roll to him and his heires of one Thomas Stedolph [Page] Esq. Lord of the mannor of Milcklam in the county of Surrey; whereof the said lands are parcell; and prayed in aide of the said Stedolph; neverthelesse the plaintant served the said Arnold with processe to rejoyne without calling the said Stidolph thereunto, which this Court thinkes not meet; therefore ordered the plaintant shall no further proceed against the defendant, before he have called the said Stidolph in by processe; Lucas plaintant, Arnold defendant. Anno 19. Eliz.

Injunction left at the defendants house, and disobeyed, an Attachment.The said Holgate maketh oath, he left an injunction in the house of the defendant; and that the defendant Elizabeth White, Thomas Crimore, and Robert Watkins have disobeyed the same; therefore an Attachment is awarded against them; Holgate, and Vxor ejus planitants, Grantham defendant. An. 19. Eliz.

A Commission of rebellion, the bond made to the Commissioners.The defendant this day made his personall appearance upon a Commission of Rebellion, for saving his bond made to the Commissioners in that behalfe; Brown plaintant, Derby defendant Anno 19. Eliz.

Commonly it is used to take the Bonds in the name of the Lord Chancellor, The bond made to the Lord Chancellor, &c. Lord Keeper of the Great Seale of England, the Master of the Rols, or to any two of the Masters of the Chancery, all which are good and allowable by the practise of the Court of Chancery.

Witnesses examined after publication, ad informandum conscientiam Iudicis.Upon affidavit made by the plaintant, that since publication granted he had divers witnesses setting down their names, come to his knowledge, which formerly he had not knowledge of, therefore ordered he may examine them before the examinor, ad informandū conscientiam Iudicis.

[Page]The plaintant comming to the defendant shewed him a Writ,Costs for want of a Bill, shewing the Subpoena, but delivering no note of the d [...]y of appearance, and attachment for such serving. but did delive [...] him neither note of the day of his appearance, neither did the same appear unto him by the Sched [...]le, labell, or any other paper, and the defendant appearing found no Bill: It is ordered the defendant be allowed good costs, and an At [...]achment against the plaintant for such serving; Brightman plaintant, Powtrell defendant. Anno 19. Eliz.

The plaintant called the de [...]endant dwelling in the County Palatine of Ch [...]ter by processe to an [...]er a Bill for lands lyi [...]g in the said County Palatine contrary to a generall order lately certified into this Court by her Majesties appointment,Jurisdiction of Chester allowed. touching the said County Palatine according to the said generall order; Willoughby plaintant, Brearton defendant. An. 19. Eliz.

The plaintants Bill is that he leassed a house to the defendant;A Covenant to repaire a house, the defendant would not suffer it and demurred, but ordered to answer. and did covenant to build and repaire it before a day, which being at hand, and shewed that he had prepared Timber and workmen to performe the same, but the defendant as well to have him breake his Covenant, as to free himselfe from his Covenant to keep it in reparations, did interrupt and threaten the workemen, whereby they durst not proceed to repaire, and so the houses are decayed; and the plaintant hath no remedy to force the defendant to suffer him to repaire; the defendant demurred upon the Bill alleadging the plaintant hath sufficient remedy by Law, which kind of answer this Court alloweth not; therefore a Subpoena is awarded against the defendant to answer; Wood plaintant, Tirrell defendant. Anno 19. Eliz.

[Page] Jurisdiction of Chester allowed.Where it appeared by a Booke heretofore presented to the Queenes Highnesse, under the hands of Sir Iames Dyer Knight, Lord chiefe Justice of the commou Pleas, Mr. Justice Weston late a Justice of the same Court, Mr. Justice Harpar late another Justice of the same Court; and Mr. Justice Carus late a Justice of her Majesties Bench and remaining (by force of her Majesties Warrant) of Record in the Court of Chancery, touching the Jurisdiction of the County Palatine of Chester; that before the raigne of King Henry the third, all Pleas of Lands and Tenements, and all other causes and contracts, and matters residing and growing within the said County Palatine of Chester are pleadable, and ought to be pleaded and heard, and judicially determined within the said County Palatine of Chester; and not elsewhere out of the said County Palatine; and if any be heard, pleaded, or judicially determined out of the same County then the same is void, and coram non Iudice (except it be in case of error, Foraign Plea, or forraigne voucher) and also that no inhabitant within the said County Palatine by the Lawes, liberties, and usages of the same, be called or compelled by any Writ or processe to appear, or answer any matter or cause out of the said County Palatine for any the causes aforesaid (as by the said Book among other things more at large appeareth) and where now of late the plaintant hath exhibited a Bill of complaint into this Honourable Court for, and concerning certaine lands and tenements lying within the said County Palatine; and hath taken processe against the said defendant in that behalfe, who [Page] hath thereupon appeared, and by his Councell made request to this Court, that for the causes aforesaid the matter here exhibited against him might be from henceforth dismissed; wherefore forasmuch as William Sayler hath made oath, that the said lands doe lye within the said County Palatine; and that the said defendant is inhabiting, and dwelling within the said County; therefore the said cause is from henceforth dismissed, and remitted to the Chamberlaine of Chester; and other her Majesties Ministers there according to the Tenour of the same Booke; Wllloughby Miles plaintant, Brearton defendant. An. 19. Eliz.

Iearvise Wheatly made oath for the serving of a Subpoena upon the defendant,A Subpoena served, to testifie in the Guildhall, and not appearing an Attachment. to testifie on the behalfe of the plaintant at the Guildhall in London, who hath not thereupon appeared; therefore an Attachment is awarded against him, Batt plaintant, Rookes defendant. An. 19. Eliz.

A Bill was exhibited by the plaintant against Roger Haule, A Bill against Roger Hall, and another Roger Hall was served, he must shew it by Plea, and not by motion. supervisor of the last will of Thomas Clifton, and one Roger Haule was served with processe, that was no supervisor of the said Cliftons will, and alleadged that the said Roger Haule who was the supervisor was dead; and ordered the defendant shall put in his allegation upon oath by way of Answer; and then desire Judgement, whether he shall be compelled to answer the said Bill or not; and therein pay his costs for his wrongfull vexation, which shall be thereupon allowed to him, Harrison plaintant, Haule defendant. An. 19. Eliz.

The plaintants are adjudged to pay to the defendants 20 s.Costs to witnesses served to testifie. costs comming upon processe [Page] of Subpoena to testifie on their behalfe; and having no charges tendered unto them, nor any interrogatories put in for them to be examined upon; Pearce, and uxor ejus plaintants, Crawthorn and White defendants. Anno 19. Eliz.

Lawrence Hide gentleman, being called upon by processe by the plaintant to testifie, informed this Court,Costs paid to a witnesse before he be examined. that he was ready to depose, so that he might first have his costs to him allowed, which this Court thought reasonable; Belgra [...]e plaintant, Edward Earle of Hertford, and William Drury de [...]endants. An. 19. Eliz.

Thomas Hawtry gent▪ was served with a Subpoena to testifie his knowledge,A Solliciter served with processe to testifie, ordered not to be examined. touching the cause in variance; and made oath that he hath been, and yet is a Sollicitor in this suite, & hath received severall Fees of the defend▪ which being informed to the Master of the Rols, it is ordered that the said Thomas Haw [...]ry shall not be compelled to be deposed, touching the same; and that he shall be in no danger of any contempt, touching the not executing of the said processe, Berd plaintant, Lovelace defendant. Anno 19. Eliz.

A man and wife exhibite their Bill, the wife dyes, the defendant demurs for that there is no Bill of revivor, ordered to Answer.The plaintant exhibited his Bill, as well in his own, as in his wives name, concerning a promise made by the defendants to the plaintant; and his wife to make them a Lease of the Mannor of Appescourt during their lives, the defendants demurre, for that the plaintant ought to have a Bill of Revivor against them, for that his wife is dead since the Bill exhibited; wh [...]ch cause of demurrer this Court alloweth not, for that the promise was made during the Coverture; and the plaintant claimeth not the same in right of [Page] his wife; therefore the defendants are ordered to answer directly to the Bill; Thorne plaintant, Brend, Wilkinson and Alice defendants. Anno 19. Eliz.

Austen plaintant,The sollicitor served to testifie, is discharged. Vesey defendant; the defendant is served with a Subpoena to testifie; and for that it appeared by Affidavit, that he was Sollicitor in the same cause to one of the parties, he was discharged and not admitted to be examined. An. 19. and 20. Eliz.

Hartford plaintant,Consili [...]. Lee and Alice defendants; the sollicitor of one of the parties was served with Subpoena, to testifie in the cause in controversie, and the Court discharged him, by reason he was solliciter in the cause. An. 20. Eliz.

The plaintants Bill was for that he being a Coppyholder Leased to the defendant for years,The Leasses of a Copyholder is punishable in waste, though the Copyholder himselfe be not. and the defendant hath digged gravell, and sold the same away, whereby the Coppyhold is prejudiced; the defendant justified, for that the Copyholders are not punishable in waste, which cause this Court alloweth not of; for though the Copyholders of the mannor are not punishable, yet the Leasses of Copyholders of the Mannor are punishable; therefore a Supoena is awarded to shew cause, why an Injunction shall not be granted, for staying his digging of gravell, and felling Woods upon the Copyhold Lands; Dalton plaintant, Gill and Pindor defendants. Anno 19. Eliz.

Whereas the plaintant exhibited his Bill against the defendant for wilfull perjury,A Bill of perjury proceeded in this Court. the defendant hath demurred, which this Court alloweth not of: It is ordered a Subpoena be awarded to the defendant, to answer Thomas [Page]Woodcock plaintant, Giles Woodcock defendant. An. 19. Eliz.

Suite to have an award by assent, decreed.Whereas there was an award in writing exhibited into this Court made between the said parties, by Sir Christopher Wray Knight, Lord chiefe Justice of England, whereunto the Lord chiefe Justice hand as well as the parties are subscribed; it was requested by the plaintants the same might be decreed by this Court, which this Court refused to grant, untill the defendants were made privy; therefore processe is awarded; Wakefield, & Vxor, & Aliis plaintants, Hawson, & Vxor, & Aliis defendants. An. 19. Eliz.

To stay suit in the spirituall court.The suit was to stay suit in the spirituall Court for a Legacy of 40 l. Ioan Banvill widdow plaintant, Guy Banvill defendant. Anno 19. Eliz.

Suite for common of pasture and Turbary.The suite was for common of pasture, and Turbary; the defendant demurred for that the plaintant may have remedy at the common law, but ordered to answer; Lawrence and Moregate, & Aliis plaintants, Windham defendant. An. 19. Eliz.

Subpoena delivered to the defendants servant. Robert Goodwine made oath that at such time as he came to the house of the defendant to serve a Subpoena upon him according to an order of the 10. of May last, one of his servants came forth and told him he was within, who thereupon delivered the Writ,Subpoena served at the s [...]te of a [...] unknown man, and no Bill in Court, the server to pay costs. to be delivered to the defendant his Master; Goodwine plaintant, Sullyard defendant. An. 19. Eliz.

The defendant made oath that he was served with a Subpoena by the plaintant in the name of one William Web utterly unknown to the defendant [Page] and now upon his appearance, no Bill in Court against the defendant, in the name of the said William Web or of the plaintant; therefore 30 s. cost is awarded against the plaintants. An. 19. Eliz.

Forasmuch as the said Abel, The husband appeares, and the wife not Attachment against them both. one of the defendants appeared, and answered the last Terme, and his wife did not; therefore an Attachment was awarded against them both; Monox plaintant, Abel and his wife defendants. Anno 19. Eliz.

Whereas there was this present day exhibited into this Court a certificate under the Seale of the university of Oxford on the defendants behalfe,Jurisdiction of Oxford. testifying and declaring that the Chancellors of the said university, and their successors from the time, whereof the memory of man is not to the contrary▪ as well by graunt and consideration of her Majesty, as of her Majesties noble progenitors, sometimes Kings of this Realme have had the cognizance, and finall determination of all manner of Pleas, strifes, quarrels and controversies whatsoever (Felony, Maine, and Franketenant onely excepted) rising and growing as well within the precinct of the said City of Oxford as without, within the Realme of England; whereas one of the parties within the said suit, action or plea, is a Master or Schollor, or common Minister of the same university, or such a person as the Chancellor, Vicechancellor, Lieutenant, or Commissary will certifie, ought to enjoy the priviledge of the same university; and that the same persons upon the shewing forth of the said certificate in any Court where they are impleaded ought to be discharged out of the same Court, forasmuch as it appeareth by [Page] the said certificate that the said defendant, who is brought up by a Subpoena, to answer a Bill exhibited by the plaintant into this Court, is a Batchelor of Law in the same university; and for that also it appeareth by the plaintants said Bill of complaint, that the matter therein contained, is onely for certaine promises supposed to be made by the defendant to the plaintant, touching certaine Goods, Chattels, and money therein mentioned, and not Franktenement, or any matter before excepted: It is therefore ordered, that the said defendant be of, and from the said Bill of complant, and matters therein contained, from henceforth clearly, and absolutely dismissed; and the plaintant referred to take his remedy for the same, before the Chancellor, Vicechancellor, Lieutenant, or Commissary of the said University of Oxford, according to the Tenor of the said Certificate; Temple plaintant, Foster Doctor of the Civill Law defen. Anno 19. Eliz.

Consil. Thomas plaintant, Mounson defendant, produceth a Certificate of the University, claiming jurisdiction of the same University; therefore the cause is from hence dismissed to be tryed and determined there. An. 19. Eliz.

A Mr. and examinor, examined witnesses, publication stayed after granted.The plaintant in the end of Easter Terme, by Master Griffeth his Attorney required the defendant to proceed to Commission for examining of witnesses, and the defendant was ready to joyne, sithence which time the plaintant contrary to the order of this Court▪ (as they alleage) hath produced one of the Masters of this Court, and one of the examinors to travell to the plaintants house in Wiltshire 60 miles distant [Page] from London, & there hath examined witnesses; it is ordered that publication be stayed untill the matter be examined after publication is granted; Darrall plaintant, and Stukey defendant. An. 19. Eliz.

The plaint.The plain. father seized in Fee, with a condition to reenter deviseth for life, A ducens teci [...] Father did purchase in Fee-Farm to him and his heirs, the Mannor of Long Eason, in the County of De [...]y, of one Kymwelmarch rendring 8 l. rent, with a condition of reentry for non payment of the rent, deviseth the Land to another for life: A ducens tecum for the evidences. An. 19. Eliz.

Forasmuch as the defendant hath appeared in this court upon an Attachment of priviledge,The defendant licensed to depart after issue. and attended from day to day according to his Bond made in that behalfe; and hath also pleaded an issue to the plaintants Declaration; therefore the defendant is licensed to depart: Dugdell plaint. Orrell defend. An. 20. Eliz.

The defend.Trustee ordered to co [...]vey the Lands according to the trust. by his Answer confesseth he was joynt purchasor in trust with the plaintants Father to them two, and to the heires of the plaintants Father of the Lands in question; and that he never received any profits thereof; and that he meant at the plaintants full age to convey the Lands to the plaintant, and his heires according to the trust; it is ordered and decreed the defendant shall forthwith upon notice to him given convey his Estate in the Lands to the plaintant, and the Heires of his body begotten with such remainder over as in the last Will and Testament of the plaintants Father is expressed at the costs of the plaintant; Young plaintant, Leigh defendant. Anno 20. Eliz.

Bittenson one of the defendants demurred,Jurisdiction of the Excheqner rejected, for that one of the defendants had no priviledge there. for [Page] that he was a Clerke of the Exchequer, and ought to be priviledged there; and the said Mary demurred without shewing any cause, forasmuch as it was openly affirmed by the common voyce of the officers of the same, that the said Bittenson may be impleaded in this Court, notwithstanding any priviledge in the Exchequer; and for that likewise, if there were any such cause of priviledge, yet he could not have the same in this suite, by reason another party who ought not to have any such priviledge is joyned with him; therefore a Subpoena is awarded against the defendants to answer; East and Scudamore plaintant: Bittenson, and Mary Valence defendants. An. 20. Eliz.

The defend. in a Bill of perjury after answer, ought to be examined upon interrogatories.It is ordered that in a Bill of perjury put in against the defendant, he having put in his answer, should not depart untill he be examined upon interrogatories, according to the generall order and course in that behalfe accustomed; for it was affirmed by the Officers of this Court, that by the order and custome of this Court, he ought to be examined upon interrogatories: Philips plaintant, Benson defendant. Anno 20. Eliz.

The defendant made oath, the plaintant came to him on Easter day last in Barrington Church;The plaint. requires the defendant to appear, shewing no writ, and no Bill in Court, hath 20 s. costs. and commanded him in the Queenes name to appeare in Chancery the 17 day after, which said defendant demanded the processe; and the plaintant answered him he was to serve another, and therefore would not leave him any note for his appearance; and yet upon his appeance no Bill found in Court; therefore the plaintant is adjudged to pay him 20 s. costs; Syers plaintant, Cotts defendant. Anno 20. Eliz.

[Page] Robert Hodgeson made oath,Affidavit for serving a Subpoena. that he left a Subpoena to make a better answer upon the doore of the lodging of the said defendant, being at the signe of the Maidenhead without Temple bar, whereas both by the report of divers of the neighbours thereabouts, as by the recourse of her servants to and fro at the same time by all presumptions, she the said defendant was then in the said house; and yet she hath not made a better answer; therefore an attachment is awarded against the defendant; Croker plaintant, Hampden defendant. An. 20. Eliz.

The said defendant hath this present Terme appeared upon a Subpoena at the plaintants suit 15 Pascha and no Bill in Court;The defend. hath no cost because the Subpoena is lost, but Attachment is stayed. and for that the defendant hath lost the said Subpoena, he cannot demand his charges for want of the said Bill; it is ordered no processe of contempt issue out of this court against the defendant upon the said Subpoena: Blanch Parvy plaintant, Morgan defendant. Anno 20. Eliz.

The defendant made oath,Costs for want of a Bill. that one of the plaintants servants shewed him a Subpoena tres Pasch. return; but would not deliver him the Writ or Labell; and now upon the defendants appearance, there is no Bill against him in court, therefore costs: Gray plaintant, Gurney defend. An. 20. Eliz.

The defend. by his answer disclaimed of the Clarkship of the Peace in question,The defend. disclaiming, no witnesses to be examined, touching the death of another. and confessed thereby that he delivered all the Records, and Titlelings of Sessions, which he had, to Master Treutham Custos Rotulor ▪ in the County of Stafford; and yet the plaintant hath replyed to the same to examine the manner of assault, and other [Page] matters touching the death of one Ashbrook, and goeth about to examine witnesses thereupon; it is ordered, that if cause be not shewed to the contrary, that no witnesses shall be examined touching the manner of assault or death of Ashbrook, or circumstances thereof; Archbald plaintant, Borrold defendant. An. 20. Eliz.

The defen. bound to pay money at one place, pleads payment at another, not good.The defendant in a scir. fac. upon a recognizance to pay 100 l. at Martine in the County of Surrey pleaded payment at Bristow, where the Justice of Assize without speciall Commission commeth not, to the intent onely to delay the party; therefore it is ordered the defendant shall by Friday next, either be sworne to his said Plea, or else put in such a sufficient issuable Plea, as he will stand unto at his perill; Lovell plaintant, Hopkins defendant. An. 20. Eliz.

A demurrer to a Bill of revivor ordered to answer.The defendant demurred upon a Bill of Revivor exhibited by the plaintiffes against her, for that she was a woman Covert during the time the first suit depended; but ordered to answer for that she was party to the suit with the said Twynneho [...] her husband; Ruthel & uxor ejus plaintants, Dom. Elizabeth Litton, late wife to Edward Twinnehoe defendant. Anno 20. .Eliz.

The wife after the death of her husband, sueth a Bill of revivor and good.The plaintant and her husband exhibited their Bill against the defendant; the husband dyeth, the wife now plaintant, exhibiteth a Bill of Revivor, and goodw. Alice Parrot widdow plaintant, Randall and Cowarden defendants. An. 20. Eliz.

To take bond of such as appear upon contempt, to attend from day to day.It is ordered that from henceforth no entry be made by any the Attorneyes into the Registers Book of this Court of any appearance of, or upon any Attachment, or Commission of rebellion; [Page] but that the party so appearing, shall first enter into sufficient Bond by Obligation to this Court, to be taken by the Register of this Court, with condition to attend from day to day; and not to depart before he be specially licensed by this Court. Pascha. 20. Eliz.

The defendant refuseth to answer the receit of rent,The defen. demurres for that there is remedy at common law, but ordered to answer. and demurred for that the plaintant may have remedy by Law for the same; therefore ordered a Subpoena be awarded to make direct answer; Dixe & Cantrell plaintants, Lintoft defendant. Anno 20. Eliz.

Whereas information was made to this court, on the behalfe of George Stidenham Esq. now Sheriffe of the County of Somersetshire, Habeas corpus to the warden of the Fleet, to have the defendant in Court, to be charged with a debt upon a recognizance. That whereas a Capias upon a Recogn [...]zance of 133 l. 6 s. 8 d. issued out of this Court in Hilary Terme last, to the Sheriffe against the said defendant, the said Sheriffe had a Capias also for a debt due to her Majesty, to him directed out of the Court of Exchequer, both which Capiasses the Sheriffe returned into the said severall Courts the last Terme a cepi corpus & languid [...] in prisona; whereupon a duces tecum issued out of the said Court of Exchequer to the said Sheriffe, for bringing in of the body of the defendant into the said Court of Exchequer; whereupon the said Sheriffe hath brought up the said defendant, and made request this present day to this court, that some order might be taken by this court, that the defendant may remaine in execution for the debt of the said plaintant, after he hath answered his said debt to her Majesty; so that the said Sheriffe may not hereafter be charged by the returne made by the Capias upon the said Recognizance [Page] in this court; it is therefore ordered by the advice of the right honourable the Lord Treasurer, and the Lord chiefe Justice of England being present in court, that a Habeas corpus be awarded to the Warden of the Fleet, to bring the said defendant into this court on Thursday next, to the end the said Warden may be also charged with the said defendant by this court, till he have satisfied or taken order for the payment of the debt due to her Majesty; and that then he shall keep him in his custody, untill hee answer unto the plaintant, this said debt of 133 l. 6 s. 8 d. Ward plaintant, Crouch defendant. Anno 20. Eliz.

Thomas Boulton made oath, that the defend. was served with a Billet in Paper to appear 15. Trinitat. and no Bill in Court against her at the plaintiffes suite;Costs for the Solliciters charges, in making Affidavit for serving processe, and the defendants impotency, no Bill being in Court. therefore the plaintiffe is adjudged to pay the defendant 33 s. 4 d. sustained in sending up the said Boulton who hath made oath, that she is so impotent, that she is not able to travell up hither thereupon personally: Gredlow plaintant, Prestwich defendant. Anno 20. Eliz.

Costs for want of a Bill upon shewing the Writ, but not delivering it.The plaintant is adjudged to pay to the defendant 40 s. costs, for want of a Bill, for that the defendant made oath the plaintiffe shewed him a Subpoena wherein his name was written, but would not deliver him the same, for that there were others to serve with the same Writ; Symont plaintiffe, Pinsonby defendant. Anno 20. Eliz.

Attachm. discharged, and a Bill of perju [...]y for procuring it indirectly. Iohn Clegge was served with a Subpoena, by the name of Robert Clegge, and Iohn Warberton made oath, that he served a Subpoena upon Robert Clegge; and an Attachment was served upon [Page] Iohn Clegge, and ordered that he should be discharged thereof; and might exhibite his Bill into this court, against the said Iohn Warberton, and call him in by processe to answer his perjury; Robert Clegge plaintant, Thomas Warberton .defendant. An. 20. Eliz.

A Motion for an Attachment against the defendant,The Lord Chancellor writ his letters to a Noble man, that had broken a decree. for breach of a decree and injunction, and ordered by the Lord Chancellor Bromley, that for that time he stayed the granting of the Attachment, and vouchsafed to write his Letters, requiring him to performe the same, trusting he would have such regard thereunto, as no Attachment shall after be required against him: Story plaintant, Dominus Pawlet defendants. 21. and 22. Eliz.

A Motion that where the plaintants had exhibited their Bill to be discharged of a legacy,Injunction against the spirituall Court. the defendant since his suit, sued in the spirituall Court; and therefore day to shew cause why an Injunction should not be granted; Parrré & uxor plaintants, Tipelady & uxor defendant. Anno 21. and 22. Eliz.

William Smalwood made oath,Attachment upon the defendants confession he was served. the defendant confessed he was served with a Subpoena at the plaintants suit, who not appeared; therefore an Attachment is awarded against the defendant, to the Sheriffe of Essex; Waters plaintaint, and Berd defendant. Anno 21. and 22. Eliz.

The defendant a Master of Art in Oxford, Jurisdictio of Oxford allowed▪ pleaded his priviledge of the University under the Seale there, and demanded judgement whether he should be driven to answer contrary to the priviledge; and the priviledge was allowed, and the Attachment discharged; Cotton plaintant, [Page] and Manering defendants. Anno 21. and 22. Eliz.

Decree for Copyhold lands.A decree is made for the defendant, to enjoy certaine Lands, as well Coppyhold, as Customary; Bamborow plaintant, Alexander defendant. Anno 21. and 22. Eliz.

Costs for want of a Bill, the Subpoena being lost.The defendant made oath that he was served with a Subpoena at the plaintants suit to appeare in this Court; and that he hath lost by casualty the Subpoena; and upon his appearance, there was no Bill in Court against him, at the said plaintants suite: therefore the plaintant is adjudged to pay the defendant 40 s. costs for want of a Bill; Domina Edith Metham plaintant, Michaell Fayerbanck defendant. Anno 21. and 22. Eliz.

Dismission because under 40 s. per annum.For that it appeared as well by the plaintants Bill, as that Osney one of the defendants hath made oath that the lands in the Bill, is not worth 40 s. per annum; therefore dismissed generally, and not without costs: Townly & uxor plaintants, Osney & uxor & Parsons defendants. An. 21. and 22. Eliz.

Jurisdiction of Wales allowed, being under five pound.The defendant made oath, that the plaintant, and defendant are both dwelling within the jurisdiction of the Marches of Wales; and for that it appeareth by the Bill, that the Money complained for is under 10 l. therefore the cause is dismissed: Eastcourt plaintant, Tanner defendant. Anno 21. and 22. Eliz.

Suit retained after Judgement and execution.Debt upon a single Bill satisfied, aud the Bill not delivered was sued, and execution gotten, and yet retained in Chancery, notwithstanding a motion to be dismissed, because after Judgement and Execution; for it was said the [Page] Judgement and execution may stand, and this suite for that he formerly paid: Owen plaintant, Ioanes defendant. Anno 21. and 22. Eliz.

The defendant maketh oath,Costs against the plaint. for want of a Bill. that one Rock served him with a Subpoena in the name of the plaintant; and at his suit as he affirmed; but would not deliver neither Writ, Labell, nor noat of the day of appearance, but told him it was to appeare the first day of this Terme, and now no Bill in Court; therefore costs is granted against [...]he plaintant: Parsons plaintant, Hilford defend. An. 21. and 22. Eliz.

An order for a Commission,Commission to set out meet wayes for passages. to set out meet wayes, and Cawsages moved in presence of Mr. Egerton of Counsell wih the defend. Custos of all Soules Colledge in Oxford plaintant, Everall & aliis defendants. Anno 21. and 22. Eliz.

Upon an oath made for impotency of Ienkin the defend. in a former suit by the said Goose, An English Bill for perjury. by the name of William ap William, they procured a dedimus potestatem to take the answer of Ienkin to Iohn Floyd, and William Goose himselfe, whereas the party was under 50 yeares of age and not impotent; hereupon the plaintant exhibits an English Bill of perjury into this Court against the said Goose for perjury, and Ienkin for the procuring of it; whereupon they being served with a Subpoena to answer the perjury, they get a stay of the proceedings from the counsell of the Marches; where, upon motion, Sir Thomas Bromley Lord Chancellor, marvelled at such their stay, and writ his Letters to the said Counsell, and granted a new Subpoena against the defendants to answer the perjury; Ioane uxor Griffith plaintant, Richard ap Ienkin, [Page] and William Goose defendants. Anno 21. and 22. Eliz.

Injunction to stay judgement in an action of wast.The Bill was to be releived against a Judgement, indirectly gotten by Ralfe Cavend [...]sh in the name of Thomas Cavendish his brother, by default in an account of waste; and because it so appeared, an injunction is granted; Galley plaintant Ralfe Cavendish and Thomas Cavendish defendants. Anno 21. and 22. Eliz.

Reliefe for a trust upon a Lease, after it is sold.The Suite was to be releived upon a lease made to the defendant in trust to the use of the plaintant: and because it so appeared, it was ordered that the plaintant should injoy the lands against the defendant, and all claiming under him that had notice of the trust: and if the lease were sold to such as had no notice of the trust, then the defendant shall pay to the plaintant so much mony as the lease was worth, Rooke plaintant, Staples defendant. Anno 21. and 22. Eliz.

A Bill for reliefe after Judgement and execution dismissed.A Bill to be releived upon a bond after Judgement and execution, and because no material matter alleadged for maintainan [...]e thereof, therefore dismissed: Adams plaintant, Doddesworth defendant. Anno 21. and 22. Eliz.

A Bill upon a promise for leave to dry clothes in a garden dismissed.The Bill was to be releived for egresse and regresse into a garden of the defendants for drying of cloaths, promissed by word only by the defendant to the plainant: therefore dismissed, for that the Court ought not to be burthened with such small ma [...]ers, Hamby plaintant, Northage defendant. Anno 21. and 22. Eliz.

Attachment for not appearing upon a Subpoena. Guilliam made oath that he saw a subpoena served on the defendanr who hath not appeared: therefore an attachment; Morgan plaintant, Evon defendant, Anno 21. and 22. Eliz.

[Page]An Attachment was delivered to the Sheriffe to execute,Day given to the Sheriffe, to returne an Attachment upon paine of 5 l. who did not returne the same; and upon affidavit of the delivery, a day was given to returne the Writ upon paine to be amerced 5 l. Crompton plaintant, Meridith defendant; Anno 21. and 22. E [...]iz.

Affidavit made for the delivery of au extent to the Sheriffe which he hath not returned:Consil. therefore a day is given to the Sheriffe to returne the Writ upon paine of 10 l. Hambey plaintant, Wight defendant. Anno 21. and 22. Eliz.

Three Bonds put in suite in the Kings Bench and stayed by Injunction by Order,Injunction to stay suits, because the Queene was deceived of her fine. because the Queene was hindered of her fine; Pascall plaintant, Smith Miles defendant. Anno 21. and 22. Eliz.

Calveley plaintant,Consil. Philips defendant, Bonds put in suite in the K. Bench stayed by Injunction because the Queene was hindered of her fine. Anno 21. and 22. Eliz.

The Bill prayeth reliefe against the defendant as brother and Heire,The Heire is sued to make a lease for which his elder brother tooke a fine or to repay the fine. for that the plaintant paid to his brother deceased▪ a fine of 34 l. for a lease, who dyed before the same was made; and therefore desireth either to have the Lease made by the Heire, or his money againe; thereupon it is ordered the defendant shall answer an Injunction: Kreme, Alias Mogge plaintant, Meere defendant. Anno 21. and 22. Eliz.

The defendant got costs for want of a Bill,The Clarke is fined 40 s. for his mistake, in making a Subpoena. and bespake of Robert Bayles a Clerk a Subpoena for those costs, who made her a Subpoena ad sectam, whereupon the plaintant got costs; this being moved for discharge of these costs, so gotten [Page] by default of the Clark. It is ordered that the defendant shall be discharged; and the plaintant also of the costs gotten by the defendant; and neither of them should have processe against the other for the same, but the defendant might take a Subpoena against the Clark that made the erronious processe for the 40 s. costs, which she should have had against the plaintant; Franckblanck plaintant, Domina Metham defend. An. 21. and 22. Eliz.

Subpoena delivered to the wife, good.Oath is made for the delivery of a Subpoena to the wife of the defendant at his house, who hath not appeared; therefore an Attachment: Pilgrime plaintant, Read defendant. Anno 21. and 22. Eliz.

The plaint [...] refusing to seale a release, the defendant puts a bond in suite, and stayed by Injunction▪The plaintant desireth to be relieved against an Obligation of 100 l. which had an intricate and insensible condition put in suit, for that the plaintant being desired by the defendant, to Seale a release, desired onely time to be advised thereof, which the defendant would not yeeld unto, but hath put the bond in suit, though no wayes damnified; and now the plaintant is ready to Seale the release; therefore an Injunction is granted: Rowles plaintant, and Rowles defendant. An. 21. and 22. Eliz.

Attachment with Proclamation discharged paying the ordinary Fee, answer being in befo [...]e▪The defendant took out a Commission, to take his answer in the Country, and thereby answered he could not directly answer without sight of evidences, which are in Nottinghamshire, far distant from Dorsetshire; the defendant afterwards made a perfect answer; and yet the plaintant took out Attachment, and Attachment with Proclamation, both which were discharged paying the ordinary Fees, and 2 s. 6 d. to the [Page] Warden of the Fleet: Trussell & aliis plaintants, Willoughby Miles defendant. Anno 21. and 22. Eliz.

Iohn Cotten the plaintant,One Executor sueth the other to put in sureties to performe the Will. brother devised divers goods to his two Sons, to be delivered at their full age, and made the plaintant and defendant Executors. 100 l. of the goods came to the plaintants hands, 250 l. came to the defendants hands: The plaintant desireth by his Bill, that in respect of the trust, and joynt charge which may survive, that the plaintant and defendant may each be bound to the other, to pay the children their Portions in their hands at their full age; and if either plaintant or defendant dye before, then the Executor shall pay that which was in the testators hands to the survivor, which this Court thought in conscience to be meet, because the defendant by answer confesseth the trust and receit of 250 l. Therefore a Subpoena is awarded against the defend. to shew cause why it should not be decreed: Cotton plaintant, Causton defend. Anno 21. and 22. Eliz.

An Attachment and other processe of contempt issued out of this Court,The contempt discharged, and [...] new Commission granted to take the defendants answers. for not returning the defendants answer by Commission is discharged, paying the ordinary Fees, because the plaintant named one Commissioner, who refused to joyne with one of the defendants Commissioners in taking the defendants answer; and a new Commission is granted to indifferent Commissioners named by the defendant: Marshall plaintant, Harwood defendant. An 21. and 22. Eliz.

It is moved that where a prohibition was sixProhibition for Tythes of Lands held in Capi [...]e. [Page] moneths since granted for stay of a suite in the Ecclesiasticall Court at Herford, upon surmise the lands are held in Capite, whereas it appeared by Letters Patents thereof the lands holden of Eastgreenwich; therefore consultation, unlesse cause shewed; and the party to pay double costs according to the Statute, whereby the prohibition is granted: Wolfe plaintant, Merrick Clums defendant. An.

Costs for want of a Bill, oath made befo [...]e the Major of Totnes.Forasmuch as the Major of Totnes hath certified under his common Seale, that the defendant made oath before him, that he was served with a Billet in Paper at the plaintants suit, and upon his appearance no Bill, therefore costs: White plaintant, Carpenter defendant. An. 21. and 22. Eliz.

Attorney present in Court, enjoyned not to proceed at common law. Brent an Attorney at common Law for the defendant being present in Court, is enjoyned in open Court upon paine of 200 l. not to proceed at common Law, upon an action of debt upon an Obligation against the plaintant: Bishop plaintant, Iessop and Wats defendants. Anno 21. and 22. Eliz.

Suite for [...]ent of 10 s.Forasmuch as the said Thoroughgood made oath that the matter in the Bill is for a Portion of Rent of 10 s. by year being of small value, it is dismissed; Knighton plaintant, Allen and Thoroughgood defendant. An. 21. and 22. Eliz.

Affidavit the he saw a Subpoena served. Iohn Vaux made oath that he saw a Subpoena served upon the defend. therefore for not appearance an Attachment is granted; Vaux plaint. Glasiers defendant. .An. 21. and 22. Eliz.

At [...]achment against witnesses served to testifie. Iohn Leigh made oath for the serving of a Subpoena on a witnesse, to testifie on the plaintants behalfe before certaine Commissioners [Page] who hath not so done: Therefore an Attachment is awarded against the defendant; Middleton plaintant, Speright defendant. An. 21. and 22. Eliz.

The plaintant made oath that he heard the defendant confesse he was served with a Subpoena and hath not appeared;Atachment upon the defendants confession he was served. therefore an Attachment is granted; Stow plaintant, and Maddock defendant. An. 21. and 22. Eliz.

The defend. and one Thomas Butcher, Two joint tenants, the one dyeth, the other ordered to make Estate according to the Will. whose Executors the said Ioane & Alexander have purchased certaine lands joyntly; the defend. promised the said Thomas upon his dea [...]h bed, hee would take no advantage of the survivorship, but that the said Thomas might by his will dispose them, Thomas by his will devised his part of the lands towards payment of his deb [...]s; therefore decreed by the assent of the defen. that the defē. should make estate accordingly; Spring & uxor & Alexander Buthcer plaintants, Vpton defend. An. 21. and 22. Eliz.

Robert Medigate Esq. was served with Subpoena to testifie,Witnesse that answer insufficien [...] againe examined▪ and hath not answered to certaine interrogatories administred unto him on the plaintants behalf, at the time of the executing of the said Commission, excusing himselfe that he could not to some for want of certaine court Rols, and to some other interogatories he referred himselfe to former depositions, but doth not shew where they remaine, nor when they were taken; it is therefore ordered that the considerations of the depositions of the said Medigate be referred to Mr. Doctor Carew, one of the Masters of this Court; and if he certifie that he hath not sufficiently answered, then order shall [Page] be taken, that he shall directly answer the same; Fish plaintant, Mountford & aliis defendants. An. 21. and 22. Eliz.

Jurisdiction of Chester allowed.It is ordered that upon Affidavit made, that the defendants dwell within the County Palatine of Chester; and the cause of the Bill is to be relieved of certaine debts there, the cause is therefore dismissed into the said Countrey: Heyward plaintant, Sherington defend. An. 21. and 22. Eliz.

A suit for a Hawk, and evidences dismissed.The effect of the suit is for a Hawke, and certaine evidences supposed to be come to the defendants hands; and because it seemeth to the Court, the matter of evidences was onely inserted to give colour to the court to hold Plea; and the matter of the Hawke is no meet matter for this Court; therefore the matter is dismissed; Glasiers plaintant, Massie defendant. An. 21. and 22. Eliz.

The Bill dismissed, because the councellors hand is counterfeit.The Bill is dismissed because that Mr. Massies name was put to the same, as of Councell without his privity; Gristing plaintant, Hore and Hore defendants. An. 21. and 22. Eliz.

The plaintant is adjudged to pay to the defe [...]d. 50 s. costs,Costs for prosecuting contem [...]ts and none proved. for prosecuting processe of contempt against him, and no contempt proved: Wrayford plaintant, Weight and Hingeston defendants. An. 21. and 22. Eliz.

The Bill setteth forth that Gibone, one of the defendants in consideration of 286 l. did bargaine and sell unto the plaintaint certaine lands in the Bill mentioned;Fraud by mak [...]ng a lease after a feoffement and before livery and seizin. and made unto him a deed of Feoffement, and a Letter of Atturney to make livery, and seizin, and before livery, made a Lease to Cateline, who knew of the bargaine, [Page] and he Leassed to Brown, who knew also of the bargaine, and this appearing to this Cou [...]t to be true, an Injunction is granted to the plaintant, untill the cause should be heard and determined: Ireby plaintant, Gibone, Cateline, and Browne defendants. An. 21. and 22. Eliz.

A speciall Certiorare to remove a cause out of London, Suit stayed in the Kings Bench, because it was removed from London the plaintant proveth the surmises of his Bill, the defend. beginneth suit in the Kings Bench for the same cause; therefore stayed by Injunction; Cliffe plaintant, Turnor defendant. An. 21. and 22. Eliz.

The plaintants suite is to be relieved for a common,Suit for common. and a Subpoena is awarded against the defend. to shew canse why an Injunction should not be granted to stay the suite at the common Law; Chock plaintant, Chea and Wast defendants. An. 21. and 22. Eliz.

The matter is dismissed,A Bill for 6 l dismissed. because the suit is for 6. l. onely. Marber plaintant, Kempester defendant. An. 21. and 22. Eliz.

The said Edmund Barker defendant maketh oath that he received a Billet of Paper,Costs upon a Billet delivered to a brother, and no Bill in Court. of Iohn Barker his brother, who affirmeth likewise upon his oath, the same Billet was delivered to him by the plaintant; and because upon the defendants appearance no Bill is in Court; therefore 26 s. 8 d. is adjudged against the plaintant; Cook plaintant, Barker defend, An. 21. and 22. Eliz.

The Mayor of Totnes certified under his common Seale,Commission to take the defendants answer upon oath of impotency before the Mayor of Totnes. that the defendant made oath before him, that he was impotent, and not able to travell; therefore a Commission is awarded to take the defendants answer in the Countrey; Wotten plaintant, Lewescomb defendant. An. 21. and 22. Eliz.

[Page] Consil. Dodderridge plaintant, Lasty defendant upon oath made before the Mayor of Exeter of the defendants impotency, and unfitnesse to travell, a Commission is granted to take his answer in the Countrey. An. 21. and 22. Eliz.

Consil. Thomas Fursden made oath, the defendant is above 70 yeares of age;The defen. 70. years old. therefore a Commission is awarded to take his answer in the Countrey; Vivean plaintant, Napper alias Sande defendant. Anno 21. and 22. Eliz.

Jurisdiction of Wales allowed. George Elliot made oath, that all the parties are inhabitants, and dwelling within the Marches of Wales; and that the matter contained in the bill of complaint, is for no Title of land; therefore the cause is dismissed to the determination of the said Commissioners: Morgan plaintant, Bithell and Evon defendants. An. 21. and 22. Eliz.

Consil. Philips alias Phelps, Long and Spincke plaintants, Powell and Singleton defendants, upon oath made that all the parties dwell within the jurisdiction of the Marches of Wales, the cause is dismissed to be tryed there. An. 21. and 22. Eliz.

Attachment upon oath before the Bayliffes of Mountgomery.Forasmuch as the Bayliffes of Mountgomery have certified under their common Seale, that the plaintant made oath before them for the serving of a Subpoena on the defendant who hath not appeared; therefore an Attachment is awarded against the defendant; Griffeth plaint. Ap Edward Ap Iohn defendants. An. 21. and 22. Eliz.

Consilio.Forasmuch as the Major of Exeter hath certified under his common Seale, that the plaintant hath made oath before him for the serving of a Subpoena on the defendants who have not appeared; [Page] therefore an Attachment is awarded against them; Preston plaintant, Smith & uxor defendants. An. 21. and 22. Eliz.

Ap Richard maketh oath,Dismission because under 40 s. per annum. the Lands complained of is under 40 s by the yeare; therefore dismissed; Morgan plaintant, Ap Richard and Lewis defendants. An. 21. and 22. Eliz.

An action upon the case commenced in the Kings Bench to the defendants dammage 100 Markes is stayed by Injunction,Injunction for defrauding the Queen of her fine. for that her Majesty is hindred of her fine, which should have been paid upon the originall: Brockhurst plaintant, Cotton defend. An. 21. and 22. Eliz.

An Action upon the case commenced in the Kings Bench,Consil. to the dammage of the defendant 5 l. is stayed by Injunction, for that her Majesties fine was not paid; Ward plaintant, Cobone defendant. An. 21. and 22. Eliz.

Attachment is granted for not appearing upon a Certificate by the Major of Totnes, Attachment upon oath before the Major of T [...]tnes. under his common Seale, that Iohn King made oath, he saw a Subpoena served upon the defendant; Dinnis plaintant, Morgan defendant. An. 21. and 22, Eliz.

The plaintants Bill is to be relieved for Copyhold lands,Jurisdiction of the Mannor of Woodstock overruled. the defendant doth demurre for that the lands are Ancient demeasne lands of her Majesties Mannor of Woodstock, and there onely pleadable; it is ordered a Subpoena shall be awarded to the defendant to make a better answer; Wilkins plaintant, Gregory defend. An. 21. and 22. Eliz.

Upon a Subpoena in perpetuall memory,Commission to examine in perpetuall memory. the defend. appearing assented to joyne in Commission; so as the Lord Bacons orders, touching [Page] examination of witnesses in perpetuall memory might be observed, but upon motion it was ordered, that the Commission should be made generall, as in like cases where the parties joyne, for that it seemed to the Court, the Lord Bacons orders were intended to be observed, where the plaintant hath a Commission alone; Dominus Dacres & uxor plaintants, Southwell defend. Anno 21. and 22. Eliz.

The plaintant desired to be relieved for a Lease made by the defendant to him for yeares,Le [...]ssee not named in the premises decreed for him. which the defendant endevoureth to impeach, because in the premises of the Lease, there is no Leassee named, but onely in the Habendum; and the cause being referred to the two Lord chiefe Justices, and the Lord chiefe Baron, they certified their opinion in Law, that the Lease was good in Law, notwithstanding the Leassee was not named in the premises of the Lease, but in the Habendum; and therefore decreed accordingly, that the plaintant should hold the said Lease; Butler plaintant, Dodton defendant. An. 21. and 22. Eliz.

One Executor gets the estate and dyeth, the other sueth his Executor, and ordered for him.The case is that the Lord Wray, and Sapcotes father were made executors to the use of Children; Sapcotes father having gotten a great part of the testators estate into his hands, deviseth divers Legacies to strangers; & maketh the defend. his Son Executor, and dyeth; and the defend. by answer, confesseth his Father had divers goods of the first testators in his hands, but said that the defendant had not goods sufficient, more then would satisfie the Legacies given by his Father; therefore ordered that the defend. sh [...]ll first pay to the plaintant the goods which [Page] were the first testators; and so much of his Estate, as came to his Fathers hands; Wray chiefe Justice plaintant, Sapcote defendant. Anno 21. and 22. Eliz.

The plaintant setteth forth in her Bill,Feme covert sueth for maintenance put into anothers hands, he demurrs, but orde [...]ed to answer. that she joyned with her husband in sale of part of her inheritance, and after some discord growing betweene them they seperate themselves; and one hundred pound of the money received upon sale of the Lands was allotted to the plaintant for her maintenance, and put into the hands of Nicholas Mine Esquire; and Bonds then given for the payment thereof, unto Henry Golding deceased to the use of the plaintant; which bonds are come to the defendant, as administrator to the said Henry Golding deceased, who refuseth to deliver the same to the plaintant, and hereupon she prayeth reliefe; the defendant doth demurre in Law, because the plaintant sueth without her husband; and it is ordered the defendant shall answer directly; Mary Sanky, alias Walgrave plaintant, Goulding defendant. An. 21. and 22. Eliz.

The plaintant served the two defendants with one Subpoena,One Subpoena served on two defendants; two Bills exhibited ordered to answer both. but exhibited two Bills; the defendants appeared and answered the one, but not being served with any other Subpoena to answer the second departed; whereupon an Attachment is awarded against them; and ordered the defendants answering, the second Bill be discharged of the Attachment; Ap Rice plaintant, Granoe & Grannoe defendants. An. 21. and 22. Eliz.

The defendant demurred generally without shewing any manner of cause;The defend. demurred, generally ordered to answer. and therefore ordered [Page] that a Subpoena be awarded against him to make a perfect answer; Duffield plaintant, Greaves & aliis defendants. Anno 21. and 22. Eliz.

Two executors exhibite two Bills, ordered to answer the one, the other dismissed with costs.The plaintant as sole Executor to Robert Maunder ex [...]ibited a Bill against the defendants for the same matter, for which the plaintant and David Gome as Executors to the same Maunder exhibited another Bill, and ordered that both Bills should be referred; and if both for one cause, the defendants shall be dismissed from one of the Bils with costs; Iohn Maunder plaintant, Iohn Wright & aliis defendants. An. 21. and 22. Eliz.

Witnesses examined in perpetuall memory, the one dead, and the other sick, moved to use their testimony. Christopher Askame hath made oath, that Iohn Bleverhasset being a deponent in perpetuall Memory is dead, and Iohn Harrison another of the deponents is, and hath been of long time sick, and not able to travell without danger of his life; and that their depositions are very needful for the plaintant to be given in evidence, in a matter now depending at the common Law; Senhawes plaintant, Senhawes & aliis defendants. An. 22. Eliz.

The defend. made oath, the plaintant caused him to be served with a Subpoena the Saturday before the end of the Terme,A Subpoena served within two dayes of the Termes end, the Attachment discharged answering. returnable the Thursday following, being but two dayes before the end of the Terme, he the defendant dwelling in Devonshire, sevenscore miles distant from London; wherefore the defend. could not conveniently appear, and make answer by the returne of the said Subpoena; and yet neverthelesse the plaintant had procured out an Attachment against the defendant; therefore and for [Page] that the plaintants Bill is but for evidences, it is ordered the defend. be discharged of the Attachment putting in his answer. Smith plaint. Weare defendant. An. 21. and 22 Eliz.

Upon certificate of Henry Vgheard, The solliciter of the plaintant ordered to be examined with caution. and Thomas West two Commissioners, that Thomas Marshall one of the defendants witnesses being warned by precept from them, refused to appear before them, aud that Roger Taylor another witnesse appeared, but refused to be examined, because he sollicites the plaintants cause; it is therefore ordered that the defendant shall examine before one of the examinors of this court before the end of this Terme, as well the said Roger Taylor upon any Interrogatory, which shall not be touching the secrecie of the title, or of any other matter which he knoweth as sollicitor onely, as also the said Marshall, or any other necessary witnesse, whereof the defendant shall first set down their names, so that the plaintant may likewise examine them if he will; Kelway plaintant, Kelway defendant. An. 22. Eliz.

It is informed that the plaintant exhibited his Bill without a Councellors hand,A Bill without a counsellors hand or Atturney retained dismissed. or retaining an Attorney; and the same is for matter formerly decreed; therefore ordered if cause be not shewed to the contrary; and if the Bill be to bring the matter in question that was decreed, then it is ta be dismissed; Bingham plaintant, Warren defendant. Anno 22. Eliz.

The defendant demurred upon the Bill for incertainty,Iurisdicton of Wales overuled. which was certaine enough; And also for that all the parties are dwelling within the Jurisdiction of the Marches of Wales, which is no cause of demurrer for title of Lands; therefore [Page] ordered if cause be not shewed, a Subpoena is awarded against the defendant to answer; Keyes plaintant, Hill & uxor Defendants. Anno 22. Eliz.

Jurisdiction of Wales overruled.The plaintant exhibits his Bill touching a practise and mis-behaviour supposed by the plaintant to be used by the defendant against him, in bringing him up by Subpoena, at the suite of one Anthony Hinck, whereas the plaintant never knew any such ma [...], and for divers other misdemeanors used by the defendant in this Court towards the plaintant; the defendant demurred for that both parties dwell within the jurisdiction of the Marches of Wales, where hee supposes the plaintant is to seek his remedy, which kind of demurrer this court alloweth not, for that misdemeanors committed in this court are most meet to be here examined; Griffeth plaintant, Penrine defendant. Anno 22. Eliz.

The defend. stayed by Injunction to pul down roomes to the prejudice of anothers rooms.The plaintant sheweth by his Bill, that his house and the defendants are joyning together, and supported by one main wall standing partly upon the Freehold of either of the said parties; and the plaintant having also an entry, Garret and other necessary roomes standing upon the Kitchin of the defendant, he the defend. went about to pull down the said Wall, and thereby to overthrow the said Garret; the defendant made title to some of the upper rooms, and hath pulled down part of the Wall; an Injunction is awarded to stay the defendant, to pull down any more of the Wall, or any other part of the said house, whereby the said upper Roomes may be overthrown, or impaired, untill the matter be heard; Bush plaintant, Field defendant. An. 22. Eliz.

[Page]A Commission to examine witnesses on both parts upon 14. dayes warning to be given to the defendant,Upon a Commission warning given but to one defendant, a new C [...]mmission is granted, and the defendants to have the carriage. Lucy one of the defendants made oath, that neithen he nor Varney had any warning, but if any warning was given, it was given, to Smith the other defendant, who is little interessed in the cause, but made a party as the defendants councell supposeth to take away his testimony from the other defendants; Therefore ordered a Commission be awarded, whereof the said Lucy shall have the carriage directed to the former Commissioners, and 14. dayes warning shall be given to the plaintant, and he to examine if he will; Hollingworth plaintant, Lucy, Varney and Smith defendants. Anno 22. Eliz.

Humphrey Loyde made oath,A Subpoena left in the defendants Hall, an Attachment that he saw one Lewis leave a Subpoena in the Hall of the defendant, and that the defendant was at home the same time who hath not appeared; therefore an Attachment is awarded against the defend [...]nt. Anno 22. Eliz.

A Commission to examine witnesses issued,Witnesses examined before the Towne Clark of Yo [...]k suppressed. but the plaintant at the place and day appointed brought not his Commissioners, nor the Commission, whereby the defendants Commissioners could not fit to examine, but the plaintant procured certaine witnesses to be examined before one of the Town Clarkes of Yorke touching the matter in variance, but ordered no witnesses so taken▪ shall be received into this Court, nor the plaintant take any benefit thereby; and a new Commission is awarded: Hareforth, and Lowther plaintants, Gates defendant. Anno 22. Eliz.

Iohn Davis made oath that his boy served a SubpoenaThe server of a Subpoena imprisoned, therefore Attachment against the defendant. [Page] upon the defendant, for the which the said boy was apprehended, and imprisoned in the Marches of Wales; therefore an Attachment is awarded against the defendant; Dastoines plaintant, Apprice defendant. Anno 22. Eliz.

Iurisdiction of Wales admitted.The defendant made oath, that both the said parties dwell in the Jurisdiction of the Marches of Wales; and that the matter of the plaintants Bill, is but for a lease for yeares, and no title of Freehold; therefore dismissed, Moore plaintant, Mashall defendant. Anno 22. Eliz.

A rent reserved and paid, the heire ordered to pay it. Iohn Lord Zouch deceased late Father to the plaintant, did give the Mannor of Winford Eagle with th'appertenances in the County of Dorset, intailed to the Father of the defendant, reserving 40 l. a yeare rent to him and his Heires, and after about three yeares last past, granted 25 l. parcell of the said rent to the plaintants for their lives; and the defendants Father did atturne, and pay the rent to the plaintants, untill about two or three yeares before his death, which was about six years since, sithence which time the defendant being issue in taile and seized, refused to pay the said rent, but ordered by this court to pay it, if he shew not good cause to the contrary; Zouch & uxor plaintants, Sidden [...]am defendant. .Anno 22. Eliz.

A rent charge upon severall mens Lands, and levied upon one, an Injunction.The plaintant seeketh reliefe by way of contribution, for that one of the defendants hath a rent charge out of this the plaintants lands, and out of one other of the defendants lands; and yet seeketh to lay the whole burthen of the rent charge upon his the plaintants lands; and because the defend▪ would not answer; therefore an Injunction is granted for staying of the [Page] suits of the rent; Dolman plaintant, Vavasor & aliis defendants. Anno 22. Eliz.

It appeareth by oath that the defendant is both senselesse and dumbe;A dumb man is not to answer upon Subpoena. and therefore cannot instruct his Counsell to draw his answer; and therefore ordered, that no Attachment, or other processe of contempt be awarded against the defendant for not answering without speciall order of this Court; Altham plaintant, Smith defendant; An. 22. Eliz.

The plaintant bought of the defendant the reversion of a Copyhold,Money paid for a reversion, which could not be enjoyed, ordered to repay the same. which he could not enjoy, confessed by the defendants answer; thereupon a Subpoena is awarded against the defendant to shew cause why he should not repay the money received upon the bargaine. Picketon plaintant, Littecote, & aliis defendants. An. 22. Eliz.

The defendants were not served with processe;No Witnesses to be examined till the defendants have answered▪ and yet the plaintant brought up divers witnesses to be examined, but ordered they should not be examined untill the defendants have answered; Episcopus Sallesbury plaintant, Hinde and Hinde defendants. Anno 22. Eliz.

The plaintant was drawne to drinke,An action against a drunken mans words seeketh reliefe, but is dismissed. and filled with drink, spoke some words against the defendant, for which he brought an action upon the case at the common Law; whereupon the plaintant exhibited his Bill of complaint; and got an Injunction pro non solutione Finis. It is ordered that the defend. paying the Queenes fine shall have liberty to proceed, and the Bill to be dismissed: Qui peccat ebrius, luat sobrius, Kendrick plaintant, Hopkins defendant. Anno 22. Eliz.

[Page] A Subpoena shewed and offered, Attachment for not appearing.Forasmuch as the Major of Barnestable hath certified, that Iohn Barker made oath before him, that he did shew and offer to deliver to the defendant a Subpoena which he would not accept and hath not appeared; therefore an attachment; Peris plaintant, Thomas defendant. Anno 22. Eliz.

The plaintants made motion to have publication of witnesses taken 1. and 2. Philip and Mary, Witnesses examined 1. and 2. P. and M. ordered to prefer a Bill for publ [...]cation. betweene one Thomas Shrub then plaintant, and now deceased, whose daughters and Coheires the plaintants wives are, and Henry Barnard then defendant now likewise deceased, touching lands in the occupation of the defendant; and ordered the plaintants shall exhibite a Bill for publication against the defendants, and call them by the Subpoena to answer, and then order shall be taken: Clarke & uxor Papwell & uxor Stockes plaintants, Eve Mellers, and Wodham defendants. Anno 22. Eliz.

Attachment discharged by supersedeas, paying the ordinary Fees.The defendant was served with a Subpoena at the suit of Hanmer, and for want of a Bill got costs; and the plaintant upon Affidavit that the defendant was served with a Subpoena at his suit, got an attachment against the defendant▪ whereupon he was apprehended, and returned languidus; It is ordered that the attachment be discharged by supersedeas, the defendant paying 20 s. 6 d. to the Warden of the Fleet, and the ordinary charges to the plaintant: Brearton plaintant, Ap Roberts defendant. Anno 22. Eliz.

The defendants wife examined as a witnesse.It is informed that Coleston one of the defendants examined his own wife as a witnesse; It is thereofore ordered the plaintant may take a Subpoena against her on his behalfe, and if Colston [Page] will not suffer her to be examined on the plaintants party, then her examination on the said Colstons party is suppressed; Bent plaintant, Allot and Colston defendants. Anno 22. Eliz.

Upon the hearing of the cause it appeared that the suit was to be releived of a promise made by the defendant to the plaintant,Suit upon a promise to surrender a lease dismissed. to surrender a lease upon payment of 100 Markes by the plaintant unto him, and for that the matter is meet for the common Law, therefore dismissed: Grevill plaintant, Bowker defendant. Anno 22. Eliz.

The Court was informed by one Palmer, Subpoena to testifie where no cause was depending discharged. that the three defendants are his servants, and were served with Subpoena to be examined before the Town Clark of London, who refused to be there examined, because the matter is not depending in London, but in her Majesties Bench; and yet Attachment is gotten against them, which kind of examination of witnesses, this Court taketh to be unorderly, and therefore ordered the Attachment be discharged; Price plaintant, Tench Holland and Packhouse defendants. An. 22. Eliz.

The Earle of Huntingdon, Jurisdictio [...] of the North allowed. Presedent of the North signified by his Letters to the Lord Chancellor, that the lands for which the Bill is exhibited were ordered for the defendant by the Counsell of the North parts, where the parties dwell, and land lyeth; and the now plaintant upon serving his Subpoena was ordered by the councell there to surcease his suit in this Court, and stand to the order of the said counsell; and yet the plaintant hath procured an Attachment against the defendant; therefore ordered the Attachment be discharged, and the [Page] matter dismissed: Harrison plaintant, Harrison defendant; .An. 22. Eliz.

Jurisdiction of the Exchequer disallowed.The defendant demurred because he is the Lord Treasurers man; and therefore ought to be priviledged in her Majesties court of Exchequer, which cause of demurrer the Court allowed not for that the defend. can have no priviledge, unlesse it were in such a case as the plaint. might have remedy in the Court of Exchequer: Lewin plaintant, Fawdesley defendant. An. 22. Eliz.

A Subpoena cau [...]elously served, Attachment against the plaintant.The defendant made oath the plaintant shewed him a Subpoena, holding it in his own hand, and said it was against him, but would not let him have it, or see it, so that he might read it; neither would he deliver him any note of his appearance, nor tell him the same, but took witnesse that he had served the Subpoena, and about an hour after came again to the defendant, saying you were desirous to see the Subpoena, here it is, and thereupon shewed the labell to the defendant, but in such sort as he could not see the returne; whereupon the defendant appearing found no Bill; therefore Attachment against the plaintant for misdemeanor: Mead plaintant, Crosse defend. An. 22. Eliz.

A Bill for tuition of an infant.The plaint▪ is Grandfather on the Mothers side, to whom the Lands cannot come by the death of the infant, exhibiteth a Bill against the Grandfather on the part of the fathers side, to have the education, and bringing up of one Richard Edge an infant, who is seized of an Estate Taile of Lands, the remainder to the defendant, and to have the disposing of the profits of the Lands: But ordered with the defendant, for [Page] that it appeared there were divers remainders between the defendants and the infants estate: Sweetman plaintant, Edge defendant. An 20. Eliz.

Francis plaintant,Costs for a witnesse served to testifie. Sacheverill defendant. The defendant is adjudged to pay to Iohn Hide 20 s. costs, he appearing upon a Subpoena, to testifie on his behalfe. An. 22. Eliz.

The plaintant purchased Lands of the defend. An. 2. Eliz And had a Recognizance then acknowledged unto him,Deeds neglected to be inrolled a Subpoena to shew why not. for performing Covenants of the bargaine and sale, and put one in trust to get both the indenture, and [...]ecognizance inrolled, and paid him for the same; and now being evicted out of the possession of the lands, came to take out a scir. fac. upon the Recognizance, but finds it not inrolled; and therefore desireth the same might now be inrolled; It is ordered that a Subpoena be awarded against the defendant, to shew cause why it should not; and M. Solliciter who is present at the motion, is to give notice to some of his Clients, who have purchased (as he alleadged) parcell of the lands to shew cause why it shall not be inrolled: Siddenham plaintant, Harrison defendant. An. 22. Eli.

The defendants informe that the Bill is exhibited for certaine Lands parcell of the Dutchy of Lancaster;Jurisdiction of the Dutchy of Lancaster allowed. and therefore ordered that for so much it shall be dismissed; Price plaintant, Lloyd Owen, and Read defendants. Anno 22. Eliz.

The matter upon hearing appeared to be for a promise,The matter of as [...]umpsit re [...]ered to the common Law. wherewith the defendant chargeth the plaintant, and 12 d. in money accepted upon the said promise, whereupon some trials, or non suits have passed; it is orded that for the ending of the said matter of promise, that the [Page] matter be referred to the Common Law to be tryed; Sutton plaintant, Erington defendant. An. 22. .Eliz.

The defendant informed he was called upon by Subpoena dated the 8. of February, Feme sole sueth out a Subpoena, and the same day is married, dismissed with costs. and by answer saith the said Iane Piers was married the 8. of February, and so at that time purchasing the Writ a woman Covert; therefore the defendant is dismissed with 13 s. 4 d. costs; Iane Peirs plaintant, Iohn Cawse defendant. Anno 22. Eliz.

The defendant was in possession at the time of the Bill exhibited,The plaint. enters upon the defend. possession ordered, either a dismission, or injunction. the plaintant entered upon him; the defendant desired that either he might have an Injunction for his possession, or else that the cause might be dismissed, which the Court thought reasonable; it is ordered the plaintant shall shew cause why it should not be granted; Hill plaintant, Portman defendant. Anno 22. Eliz.

Prohibition for sithes, parcell of the Dutchy of Cornewall, but consultation if cause be not shewed.The plaintant Thomas Hilliar exhibited his Bill against the said William Kendall, that the said Thomas Hilliar was seized in Fee of two Messuages, 70. Acres of Pasture, Furzes, and Heath in Lanlivery, parcell of the Queenes Majesties Dutchy of Cornewall; and thereupon a prohibition against the said Will. Kendall, libelling in the Spirituall Court for Tithes, as Farmer to the said Batten Vicar there, pretending that right of Tythes for lands holden of her Majesty, as of her Dutchy of Cornewall ought to be determined in this Court; and also that the said Iohn Hilliar had exhibited the like Bill, and procured a prohibition out of this Court against the said Batten; It is ordered a Subpoena be awarded [Page] against the plaintant, to shew cause why a consultation should not be granted; Hilliar and Hilliar plainants, Lendall and Batten defendants. Anno 22. Eliz.

Oath was made in the name of one Edward Iones, Perju [...]y in m [...]king oath for impotency, one of the same name sued for it, and discharged. that the defendant Eaton was sick, and the rest impotent, and not able to travell; whereupon a Commission was awarded to take their answers in the Countrey; now Edward Iones of Ruthin was called up at the plaintants suite by processe for perjury, and alleadged he was not the party that made the oath, and brought a Certificate to justifie he was at Ruthin when the oath was taken; therefore he is dismissed: Brearton plaint. Eaton & uxor & aliis defendants. Anno 22. Eliz.

Griffen Price made oath that where the plaintant served a subpoena upon him to appeare before Commissioners,A witnesse not able to travell, discharged of contempt. to testifie on the plaintants party, he the said plaintant did not give o [...] tender him the said Griffen any money for his charges; and also that he was sick then and not able to travell; therefore ordered the said Griffen be discharged of the processe of contempt gotten out against him for not being examined: More plaintant, Woreham defendant. Anno 22. Eliz.

The plaintant seeketh to have the defendant to assure him certaine lands sold him by the defendant,Jurisdiction of Wales not allowed for a promise. in consideration of great sums of mony already paid for the same, according to the promise of the defendant made in that behalfe; the defendant demurreth for that the same promise was made within the Jurisdiction of Wales where both parties are dwelling; but this seemeth to the Court no sufficient cause of demurrer; and [Page] therefore ordered a Subp. be awarded to the defendant to answer: Hatton plaintaint, Prince defendant. Anno 22. Eliz.

A Commission to answer, he returned a demurrer, therefore Attachment.The defendant took out a Commission to take his answer in the Countrey and returned a demurrer; therefore the plaintant took out an attachment which this Court liked well, for that the defendant did not directly answer; yet in regard of an oath made for the defendants impotency a new Commission is granted to take his answer, and discharged of the Attachment paying the ordinary Fees: Paine & aliis plaintants, Carew defendant. Anno 22. Eliz.

A Councellor not to be examined of any matter, wherein he hath been of Councell.The plaintant seekes to have Master Oldsworth examined touching a matter in variance, wherein he hath beene of councell; it is ordered hee shall not be compelled by Subpoena, or otherwise to be examined upon any matter concerning the same, wherein he the said Mr. Oldsworth was of councell, either by the indifferent choyce of both parties, or with either of them by reason of any Annnuity or Fee: Dennis plaintant, Codrington defendant. Anno 22. Eliz.

A Billet in paper served, and no Bill in Court costs is awarded.The said Coleman maketh oath the said Porter did deliver him a Billet in Paper, and did shew him a thing in yellow Wax; and told him it was a Subpoena, but did not declare to him at whose suit; therefore the said Porter is adjudged to pay to the defendant 20 s. costs for want of a Bill: Porter plaintant, Coleman defendant. Anno 22. Eliz.

Feme covert, whose husband is in the Gallies must answer matter of equity wherewith she is charged.The plaintant shewed by his Bill that he fraughted a Ship into Spaine which was there confiscate and all his goods, for the defendants [Page] husband being Master of the Ship had an English Book found in the ship contrary to the Laws there, which he was forewarned of, and knew the Lawes, and the defendants husband was condemned to the Gallies 14. yeares; and sithence the plaintant, as well for his own reliefe, as for the reliefe of the defendant devised to obtaine license from her Majesty, for transporting 60. Tuns of Bear, yearly for eight yeares, the commodity whereof to be equally between them; and the Bill exhibited to her Majesty was in both their names, and the party of the charge; but the defendant cautiously got the same altered into her own name, and hath sold the same away without yeelding the plaintant any profit; The defendants doth demurre, because she is a Feme covert; it is ordered a Subpoena be awarded against her to make a better answer: Castleton plaintant, Alice Fitz-Williams defend. Anno 22. Eliz.

Thomas Iones made oath that a Writ of Injunction was left at the house of the defendant;Injunction left at the defendants house and disobeyed, an Attachment is awarded. and the plaintant maketh oath the defendant hath proceeded in a suit in the Kings Bench contrary to an Injunction; therefore an Attachment. Bodnam plaintant, Morgan defendant. An. 22. Eliz.

Lower plaintant, Crudge defendant,Consil. & uxor, & aliis defendants. Peter Prowse made oath the R. G. N. G. Io. B. and others having notice given unto them of an Injunction awarded out of this Court against the defend have disobeyed the same; therefore an Attachment is awarded against them. Anno 22. Eliz.

Matthew Davis made oath that the defendantCosts for want of a Bill. [Page] was served with a Billet of Paper at the plaintants suit, and upon his appearance no Bill in Court against him; therefore the plaintant is adjudged to pay the defend. 30 s. costs; Griffeth & aliis plaintants, Ap Ienn, Ap Ienkins defendants. An. 22. Eliz.

Iurisdiction of Wales allowed.The defendant maketh oath that all the parties are inhabiting, and dwelling within the Jurisdiction of the Marches of Wales; and for that it appeareth by the plaintants Bill, that the matter therein contained is for a supposed Lease, and for no title of land; therefore the cause is dismissed, and the plaintant referred to take his remedy, before the Commissioners of the Marches of Wales; Arden plaintant, Veale, and Veale defendants. An. 22. Eliz.

A Writ of priviledge disallowed.The defendant got a Writ of priviledge as Servant to the Lord Keeper, and removed two severall suits against him by the plaintant in London; forasmuch as the Lord Keeper declared in open Court, that the defendant is not now his servant; therefore ordered that the said two severall causes be remaunded into London, and the defend. not to be allowed priviledge of this Court: Warren and Clerke plaintants, Ralph Maynard defendant. An. 21. Eliz.

Bayliffes of a Corporation not compellable to make a Lease.The plaintant seeketh to compell the defendants to make unto him a lease, by reason of a promise made by William Allestre, and Anthony Bat, when they were Bayliffes of the said Town, and ordered that the Corporation, nor any person which heretofore have been, nor which hereafter shall be Bayliffes of the said Town, shall in any wise be charged as Bayliffes with the said promise; but the plaintant if he will may [Page] take his remedy against the said Allestre, and Bat, not as Bayliffes, but as common persons; George Strainger plaintant, Beynbridge, and Edward Turnos lates Bayliffes of Derby defendants. Anno 21. Eliz.

Nicholas Dyer made oath that the defendant hath broken an order made in this Court;Attachment for breaking an order in Court. therefore an Attachment against him; Margaret Stephens plaintant, Iohn Bawden defend. Anno 21. Eliz.

Christopher Almy, Suit for Hay, Corn, and grasse not worth 40 s. dismissed. Christopher Frome, Iames Wood, & aliis inhabitants de Magna Ashley plaintants, Iames Pycroft defend. the matter being for Hay, Corne, and Graffe upon oath not worth 40 s. It is by order dismissed, for that it is of so small a Value. An. 21. Eliz.

Parrot & aliis plaintants,Suit for the poor of a parish under 40. s. per annum, [...]erained▪ Pawlet defendant; The suite being for the benefit of the poore of Drayton; it is retained though under 40 s. per annum. 21. Eliz.

Forasmuch as Richard S [...]odard Justice, and Portrive, Attachment upon oath, before the Portrive of Minxhead. and others his brethren of the Borough of Minxhead have certified under their common Seale, that one Nicholas Hooper made oath before them for serving of a Subpoena on the defend. who hath not appeared; therefore an Attachment is awarded. Hooper & Hooper plaintants, Brace & uxor defendants. Anno 21. Eliz.

Meerefield plaintant,Confil. Cleverden defend. upon certificate made by the Major of Torrinton of serving a Subpoena, that Affidavit was made before him, for serving it upon the defendant who hath not appeared; therefore an Attachment is awarded. Anno 21. Eliz.

[Page] A decree for the plaint. yet put out of possession by the defendant.A decree was made for the plaintant for a Coppyhold tenement, and yet the defendant put the plaintant out of possession, notwithstanding the said decree; and the Lord Keeper did write his Letters to the defendant, to suffer the plaintant to enjoy the same Tenement according to the decree: Lane plaintant, the Lord Howard Viscount Bindon defendant. Anno 21. Eliz.

Defendant departing without license an Attachment.The defend. was examined upon interrogatories upon the breach of an order of this Court, and departed without lycense; therefore an Attachment; Boyle & uxor plaintants, Vivean defendant. An. 21. Eliz.

Attachment discharged paying the plaintant 10 s. costs.The defendant being served with a Subpoena the last Terme, and coming up out of Cornwall to London, heard by common voyce, the Terme was adjourned, and therefore did goe back againe, and the plaintant got an Attachment against him, who hath appeared gratis, and put in his answer; and therfor he shall be discharged of the Attachment, paying 10 s. to the plaintant for his costs: Strangman plaintaint, Vivean defendant Anno 21. Eliz.

Liberty for a common Fishing.The question was for a liberty of common Fishing, and ordered for the plaintant; and upon Affidavit made the defendants have broken the same, ordered an Attachment shall goe against them; Bayliffes, Burgesses, and Commonalty of the Town of Yarmouth plaintants, William Paston, & aliis defendants. An. 21. Eliz.

The plaintant and his Father were bound to the defendant in 500 l. to stand to the award of Sir Iames Dyer Knight,A Bond put in suit, for not performing an award stayed by Injunction. and Lord chiefe Justice, who arbitrated that the plaintant, who had the [Page] reversion in Fee, and the Father who had the Estate for life, should make such assurance as the defendant should reasonably devise.

The defendant did tender an assurance to the Father to be sealed,Injunction to stay suit at common Law. who being old and blind, desired time to confer with his friends; the plaintant upon request sealed the assurance, and his father afterwards sent word to the defendant he was willing to seale it, but the defend. answered he did not passe whether he did or no, because he had but an estate for his life, and the defend. had his bond to enjoy it during his life, which he did accordingly; and yet neverthelesse the defendant put the bond in suite upon his Fathers said refusall, but stayed by Injunction: Knight plaintant, Hartwell defend. Anno 21. Eliz.

A Commission of Rebellion for not payment of costs was awarded against the defend. to one Iohn ap David, Commission of Rebellion for not payment of costs. who did thereupon apprehend the defend. and for his more safe keeping delivered him to Thomas Moston Esq. High Sheriffe of the County of Fl [...]nt, who took charge of the prisoner accordingly, and now refuseth either to deliver the prisoner to the Commissioner, or to bring him himselfe into the Court at the day; day is therefore given to the said Thomas Moston the late Sheriffe, to bring into this Court the body of the said defend. by Thursday next upon paine of 10 l. Evans Clerke Deane of Saint Asaph plaintant, Ap Rees, ap Bennet defendants. Anno 21. Eliz.

The defendant was served with a counterfeit Subpoena,The defend, discharged of the Attachment because the Subpoena was counterfeit. at the plaintants suit, but answered not because he was told the Subpoena was counterfeit; [Page] thereupon an Attach. issued against him ordered, that as well the defendant be discharged of the Attachment awarded against him as the said Baily, who as the defendant made oath delivered the countefeit processe to him, to shew where, and of whom he had the Subpoena: Baily plaintant, Hawle defend. Anno 21. Eliz.

An award ordered to be performed.The Suit was to cause the defendant to performe an award of Arbitrators chosen by themselves, contrary to which award the defendant hath put in suite an obligation of 100 l. wherefore an Injunction was granted for stay of the suit; and upon the defendants shewing his readinesse to perform the award, ordered that the said award shall be duly performed by both the said parties: Reignolds plaint. Latham def. A. 21. E.

The defendant licensed to depart after answer in a writ of priviledge. Mathew Carew one of the Masters of this Court plaintant, Thomas Burf [...]am defend. The defend. appearing this Terme upon an Attachment of priviledge at the plaintants suit hath put in baile; and answered to the Declaration of the plaintant: therefore the defend. is licensed to depart till 15. Paschae next. An. 21. Eliz.

The defendant commi [...]ted to the Fleet for a Rescue, brought an action for a false returne. Richard Champion a Commissioner in a Commission of rebellion returned a Rescue against Guy Bonvill, whh being examined, and his examination referred to two Masters of the Court, was found to have confessed the rescue; whereupon he was committed to the Fleet, and yet afterwards brought his action upon the case at the common law, against the said Champion for his false returne; ordered that a Subpoena be awarded against the said Guy Bonvill, to shew cause why an Injunction should not be awarded against him for stay of his action upon the Case; [Page] but afterwards, viz. 21. Eliz. the defendant was allowed to goe forward in his action upon the case at the common Law, because either of the parties there may plead his matter; Ioan Bonvill widdow plaintant, Bonvill and Mary Billinghay defendants. An. 21. Eliz.

The plaintants exhibited a frivilous Bill without a Counsellors hand,Subpoena against the plaintant to shew where he had his counterfeit Writs, and answer his misdemeanor, and pay costs. and got an Injunction for stay of any suit to be commenced in any of her Majesties Courts, but in this, which Subpoena and Injunction being served seemed to be counterfeit; therefore ordered a Subpoena be awarded against the plaintants, as well to shew of whom they had the said Writ, and to answer their misdemeanors, as also to pay the defend. costs for his unjust vexation; Iohn ap Edward, Ap Hugh, and David ap Howel, ap Ienkin plaintants, Ralfe Ienkin defendant. An. 21. Eliz.

The defendants made oath they were served with Billets of Paper at the plaintants suit,Costs for want of a Bill. and upon their appearance no Bill in Court against them; therefore the plaintant is adjudged to pay the defendants 40 s. costs; Edmund Williams plaintant, Evan Williams, David Morgan, and Merrick Gran [...]owe defendants. An. 21. Eliz.

Brown alias Garris, Costs for want of a Bill, the Billet being lost. alias Pawdy plaintant, Stuit defendant made oath that he was served with a Billet in Paper, and upon his appearance no Bill in Court, and the defendant hath lost the billet of Paper, and yet costs is awarded. Anno 21. Eliz.

The defendant put in a demurrer to the plaintants Bill,A demurrer without shewing any cause ordered to answer. without shewing any cause of his demurrer; it is therefore ordered that a Subpoena be awarded against him to make a better [Page] answer; Offeley plaintant, Morgan defendant. Anno 21. Eliz.

Five pound dismissedThe matter complained of by the Bill is for 5 l. debt for Fish, therefore dismissed; Foord & Foord plaintants, & Richards defendant. Anno 21. Eliz.

Commission to take the defendants answers, they being 70 yeares old a peece. Symonds Brocebridge made oath that the said Elizabeth and Anne, two of the defendants are above the age of 70. yeares a peece, and that the said William was comming up to London in his company, and they were both robbed, and William his horse taken from him, whereby hee could not come to make his appearance; therefore a Commission is granted to take all the said defendants answers in the countrey: Hill plaintant, Elizabeth Worley widdow, William Stapleton, and Anne his wife defendants. Anno 21. Eliz.

20. of F [...]b. Sir Nicholas Bacon dyed, 12 of April, the Seale delivered to Sir Thomas Bromley. Memorand. that the 20. day of February last, Sir Nicholas Bacon Knight, Lord Keeper of the Great Seale of England dyed at York house, and the Seale being the same day sent for by the Lord Treasurer, remained with the Queenes Majesty till the 12. day of April last, on which day the same was delivered to Sir Tho. Bromly Knight, Lord Chancellor of England. Paschae. 21. Eliz.

Councell on both sides to attend concerning the ratifying of an award.Whereby an order of the 10. of Feb. last, a Subpoena was awarded against the defendant, to shew cause wherefore an award therein mentioned should not be ratified: Now Mr. Flowerdew of councell on the defendants behalf informeth, that the said award was not made by any order of this court; and therefore desired that the said defend. may not be compelled to performe the same. It is ordered that Councell on both sides shall attend the morrow sevennight, and [Page] then order shalll be taken; Barkley Miles plaintant, Moore defendant. Anno 21. Eliz.

The plaintant exhibited his Bill as a priviledged man to Sir Francis Kempe, Jurisdiction of Chester allowed. Prothonotary of this Court, for Lands lying in the County Palatine of Chester; and for that it appeared by Letters Patents openle shewed in Court, under her Majesties Great Seale of England, that this Court by any priviledge should not hold plea of any Lands lying within the said County Palatine, It is therefore ordered to be dismissed, if the plaintant shew not good cause: William Lomley plaintant, Thomas Greene, Thomas Marlow, Robert Taylor, and Iames Wagge defend [...]nts. An. 21. Eliz.

The plaintant was adjudged to pay the defen.No costs to be allowed upon a disclaimer. 37 s. 6 d. costs, for that he being served with Subpoena in Hillar. Terme appeared, and by his answer disclaimed; and yet after the plaintant served him with a Subpoena to rejoyne; but afterwards the same cost [...] were discharged by motion, for that the defendant had before the costs put in his rejoynder, but upon a disclaimer no costs is to be allowed: Read plaintant, Hawstead alias Lane defendants. Anno 21. Eliz.

The defendant was taken upon a Commission of Rebellion at the plaintants suite,Costs allowed the defendant, being taken upon a Commission of rebellion. required his costs to be allowed him, the Court asking the opinion of the Clerkes, it was agreed with one consent, that he should have his costs allowed; therefore ordered accordingly: Morgan plaint. Ap Iohn Gowge defendant. Anno 21. Eliz.

The defendant maketh oath that he was served with a Billet in paper at the plaintants suit,Costs for want of a Bill the Billet lost. which Billet he lost by misfortune; and upon [Page] his appearance no Bill is in Court against him; therefore costs is awarded: Brown, alias Garris, alias Pawdy plaintant, Stoyck defend. Anno 21. Eliz.

A Commission to examine witnesses in perpetuall memory.The plaintant exhibited his Bill to examine witnesses in perpetuall memory, touching a lease of Lands, which hee and those by whom hee claimeth, hath enjoyed 40. yeares; the defendant by answer claimeth the Lands as Coppyhold of inheritance to Mr. Sowthwell, who is owner of the inheritance, and within age; and therefore prayed that no witnesses might be examined, till Mr. Southwell be of full age; and yet because the witnesses being old, and may dye in the interim, therefore a Subpoena is awarded against the defend. to shew cause why a Commission should not be granted: Hearing plaintant, Fisher defendant. An. 21. Eliz.

Iohn Budden maketh oath that the defendants confessed unto him they were served with a Subpoena at the plaintants suite and have not appeared;Attachment for not appearing. therefore an Attachment is granted: Perry Ar plaintant, Gatter alias Sharde, and Cole defendants. An. 21. Eliz.

Dismission for that they have been in possession 100. years.Upon the hearing of the matter for the Mannor of Laughtor, and the Advowson of the Church of Laughton, in the County of Bucking. it appeared that the defendants and they from whom they claimed, have beene in possession 100 yeares with divers discents; therefore the defendants are dismissed: Kinston plaintant, Pigot & aliis defendants. Anno 21. Eliz.

Attachment for putting in a demurrer instead of an answer.The defendant in Hillar. Terme made oath that he could not answer without sight of evidences in the Country; and having day given [Page] him he now hath put in no answer, but a demurrer contrary to the orders of this Court; therefore an attachment is awarded against the defendant: Farmer & aliis plaintants, Fox defendant. Anno 21. Eliz.

Iohn Harry made oath for the serving of a Subpoena on the defendants to rejoyn;Day given to the defendant to rejoyne. therefore Munday next is given to the defendants to rejoyne or else to lose the benefit thereof: Ioanes & aliis plaintants, Whitney, Miles, & aliis defendants. An. 21. Eliz.

Whereas a Commission issued out to examine witnesses on both parties,A new commission to examine witnesses, because they appeared not before. which is returned executed upon oath made by Giles Brever, that he served precepts from the Commissioners upon W. S. Tho. Lin. T. C. and Io. Peers to be examined on the defendants behalf before the said Commissioners who appeared not; it is therefore ordered that a new Commission be awarded to the former Commissioners at the defendants charge, as well to examine the said four witnesses as any other: Shepheard plaintant, Shepheard & aliis Defendants. An. 21. Eliz.

The Duke of Northumberland acknowledged a Recognizance of 1000 Markes to the Lord Crumwell, Not to extend one mans Lands onely, where many are subject. and after granted certaine Lands to the defendant; afterwards both the Duke, and the Lord Cromwell were attainted of Treason, whereby the Recognizance came to the Queen, and in her name was put in suit by one Lane, to whom her Majesty had granted the same recognizance, who sought to extend the defendants said Lands alone, whereas there are divers other Lands to a great valew in other mens hands lyable to the said Recognizance; therefore it is [Page] ordered that no Liberate goe out upon the said extent untill the Court order the same: The Queenes Majesty plaintant, Colborne defendant, Anno 21. Eliz.

Injunction to stay suit at Common Law.The plaintant sought to be relieved upon an Obligation of 300 l. which he entred into to make a joyneture unto his wife, in consideration of 174 l. promised to him by the defendant in marriage, which was never paid unto him; therefore an Injunction is awarded, if cause be not shewed: Osborne plaintant, Havers defend. An. 21. Eli.

A new Commission to the defendant, and publication is stayed of witnesses examined by the plaint. in Court.The plaintant and defendant both joyned in Commission to examine witnesses, and the plaintant having the carriage of the Commission, did not execute the same, but did examine witnesses here in Court; therefore ordered the defend. should have a new Cōmission to the former Commissioners, wherein the plaintant might also examine if he list; and at the returne thereof publication, and in the meane time publication is stayed: Mackworth plaintant, Swayefield, & aliis defendants. An. 21. Eliz.

The defendant not to answer, till a Counsellors hand be put to the Bill.A frivolous Bill was exhibited against the defendant, without a Councellors hand; and therefore ordered the defendant should not answer, untill a Councellors hand we [...]e put to the Bill, and the contempt for not answering is suspended: Farly plaintant, Childe defendant. An. 21. Eliz.

Dismission the Lands being under 40 s. per annum.The defendant made oath that the Lands complained of by the plaintants Bill is under 40 s. per annum, therefore dismissed: Pottinger plaintiffe, Cogayne defendant. Anno 21. Eliz.

Injunction to stay a suite of Quo minus, in the Exchequer.The plaintiffe sued here to be relieved for a [Page] least of one thousand yeares of certaine Lands, and depending the suite, the defendant by quo minus out of the Exchequer, being Tenant of other Lands to the Queene, brought an Ejectione firme against the under Tenants of the plaintant; therefore an injunction to stay the said suit of Quo minus if cause be not shewed: Ioanes & aliis plaintants, Whitney Miles, & aliis defendants. Anno 21. Eliz.

The plaintant made oath for the serving of a Subpoena on Mary Cavendish, Attachment against witnesses, served to testifie [...] Iohn Gilgate, William Pipe, and Edm [...]nd Stiles, to appeare before Commissioners to be examined on his behalfe; therefore an Attachment is awarded against them: Turnor plaintant, Warren defendant. Anno 21. Eliz.

Iohn Quippe made oath the defendant confessed he was served with a Subpoena for costs,Attachment for costs. and hath not paid it; therefore an Attachment: Suell plaintant, Rogers defendant. Anno 21. Eliz.

The defendant since the Bill exhibited,Injunction to stay suits at common Law. commenced severall suites at the common Law for the cause here complained of against the plain [...] ant, and his under Tenants; therefore an Injunction is awarded against him: Thorough good plaintant, May & aliis defendants. Anno 21. Eliz.

The defendant demurred generally without shewing any cause of his demurrer:A demurrer generally ordered to answer. therefore ordered if he shew not, good cause of his demurrer upon F [...]iday next a Subpoena is awarded against him to make a better answer: Peachie plaintant Twyecrosse defendant. Anno 21. Eliz.

It is ordered that if the plaintants doe charge the defendants by their Bill for the issues and [Page] profits of Lands,The defendant charged upon account shall not answer if upon a p [...]omise, he shall. which do lye in the County of Lancaster, meerely by way of account, then the defendants shall not be compelled to answer; if the defendants be charged in respect of their promise, then they are to answer: Wingfield Miles & uxor plaintants, Fleetwood & aliis defendants. Anno 21. Eliz.

A Commission by consent to prove the receipt of rents, fines, and Woodsales.The suit was for certaine rents, fines, and Woodsales received by the defendants testator during the plaintants minority. It appeared that if the plaintant had made good proofe, hee was to be relieved; therefore a Commission is awarded by consent: Borrough plaintant, A. B. defendant. Anno 21. Eli.

The Kings Order and Decree in Chancery for a Rule to be observed by the Chancellor in that Court exemplified and enrolled for a perpetuall Record there. Anno 1616.

[Page]

IAmes by the grace of God, &c. Whereas our Right Trusty and Welbeloved Sir Francis Bacon Knight, our Councellor and Attorney generall, received a Letter from our Chancellor of England, Dated the 19. of March, An. Dom. 1615. Written by our expresse Commandment, directing him, and requiring him, and the rest of our learned Councell, to peruse such presidents as should be produced unto them from time of K. Henry the 7. and since of complaints made in the Chancery, there to be relieved according to equity, and conscience after Judgements in the Courts of the common Lawes, in Cases wherein the Judges of the common Law could not relieve them: And thereupon to certifie us of the truth of that they shall find, and of their opinions concerning the [Page] same, which Letter followeth in these words.

MAster Atturney, His Majesty being informed, That there be many presidents in the Court of Chancery, in the time of King H. 7. and continually since, that such as complained there to be relieved according to equity and conscience, after Judgements in the Courts of the common Law, in Cases where the Judges of the common Law could not relieve them (being bound by their oath, to observe the strict rules of the Law) is willing to understand, whether there be such presidents as he is informed of: And therefore hath commanded me to let you know, that his will and pleasure is, that you call to assist you his Majesties Serjeants, and Sollicitor, and to peruse such presidents of this kind, as shall be produced unto you; and thereupon to certifie his Majesty of the truth of that you shall finde, and of your opinions concerning the same; and for your better directions therein, I have sent you here inclosed a note in writing delivered unto me, mentioning some such presidents in King H. the 7. time and since. And I am told [Page] that there be the like, in former times; his Majesty expecteth your proceeding in this with as much speed as conveniently you may: And so I rest,

Your very assured loving friend. T. Ellesmere Canc.

At York house. 19. Martii, 1615.

ANd whereas our Attorney generall, and the rest of our learned Councell did thereupon returne unto us their certificate, subscribed withal their hands according to our commandment, and direction given them by the said Letter, which Certificate followeth in these words;

§

According to your Majesties commandment, we have advisedly considered of the note delivered unto us, of presidents of complaining and proceeding in Chancery after Judgements in common Law; and also have seene and perused the originals, out of which the same note was abstracted, upon all which we do find, and observe the points following.

1. We find that the same note is fully verified, and maintained by the originals.

[Page]2. We find that there hath beene a strong current of practise of proceeding in Chancery after Judgement, and many times after execution, continued from the beginning of H. 7. Raign, unto the time of the Lord Chancellor that now is, both in the Raignes (separatim) of the severall Kings, and in the times of the severall Chancellors, whereof divers were great learned men in the Law: It being in cases, where there is no remedy for the Subject, by the strict course of the common Law, unto which the Judges are sworne.

3. We find that these proceedings in Chancery, hath been after Judgements, in actions of severall natures, as well reall as personall.

4. We find it hath beene after Judgements in your Majesties severall Courts, the Kings Bench, common Pleas, Justice in Oyre, &c.

5. We find it hath been after Judgements obtained upon verdict, demurres, and where Writs of error have beene brought.

6. We find in many of the Cases, That the Judgements are expresjudgementsly mentioned in the Bills in the Chancery themselves [Page] to have been given, and reliefe prayed thereupon, sometimes for stay of execution, sometimes after execution, of which kind wee find a great number in King H. the 7. his time.

7. We find the matters in equity, layed in such Bills in most of the Cases, to have been matter precedent before the Judgements, and not matter of agreement a [...].

8. We find in the said cases, not onely the Bill preferred, but motions, orders, injunctions, and decrees thereupon, for the discharging, and releasing of the Judgements, or abiding the possession thereupon obtained, and sometimes for the meane profits, and the release of the costs, &c.

9. We find in some of the cases in this very point, that Judgement hath been given, hath been stood upon by the defendants, and alleadged by them by way of demurrer, and overruled.

10. We find that the Judges themselves in their own Courts, when there appeared unto them matter of equity, because they by their oath and office, could not stay the Judgements, except it be for some small time, have directed the parties [Page] to seeke reliefe in Chancery.

11. We find that this hath not onely been in the times of the severall Chancellors, but by the Judges themselves, and that without difficulty, when they sate in Chancery in the vacancy, or absence of the Chancellor.

12. We find the hands of sundry principall Councellors at Law [...] whereof divers of them are now Judges, [...]d some in chie [...]e place in Bills of this kind.

13. Lastly here were offered to have beene shewed unto us many other presidents, whereof we heard some read, and found them to be of like nature with those contained in the note.

Francis Bacon, Randell Crew. Henry Mountague, Hen. Yelverton.

And whereas also our said Attorney received one other Letter from our said Chancellor, with a case there inclosed, written likewise by our expresse commandment, dated the 27. of March, 1616 directing, & requiring him, and the rest of our learned Councell, together with the Attorney of our deare sonne the Prince, to confer together upon the said cause, and to consider advisedly of al the parts thereof; and thereupon to peruse [Page] all the the Statutes of Praemunire, or Provisoes, and all other Statutes [...] as they shall conceive to be necessary to be considered of, for the resolving the question propounded in that case; and thereupon to report unto us their opinions in writing concerning the same; which Letter and Case there inclosed follow in these words.

MAster Attorney, His Majesty hath perused this case inclosed, and hath commanded me to send it to you; and his will and pleasure is, that you call unto you Mr. Sarjeant Mountague, Mr. Sarjeant Crew, Mr. Sollicitor, and Mr. Walter the Princes Attorney, and you confer together thereupon, and con [...]ider advisedly, and deliberately of all the parts thereof; and thereupon to peruse all the Statutes of Praemunire or Provisors, and all other such Statutes as you shall conceive to be necessary to be considered of, for the resolving the question propounded in this case, this his Majesty would have be done with mature deliberation, and yet with as much speed as conveniently you can; and when you have sufficiently informed [Page] your selves therein, then to report to him your opinions in writing; and so I committ you to God and rest,

Your very loving friend, T. Ellesmore Canc.

At York house the 27. of March, 1616.

§

A. hath Judgement and execution in the Kings Bench, or common Pleas, against B. in an action of debt of 1000 l. And in an ejectione Firmae, of the Mannor of D. B. complaines in the Chancery to be relieved against those Judgements according to conscience and equity, allowing the Judgements to be lawfull and good by the rigour and strict rules of the common Lawes; and the matters in conscience and equity such as the Judges of the common Law (being no Judges in equity, but bound by their oathes to doe the Law) cannot give any remedy or reliefe for the same, either by error or attaint, or by any other meanes. Questio. Whither the Chancery may relieve B. in this or such like cases, or else leave him utterly remedilesse and undone; and if the Chancery be restrained by any Statute of Praemunire, [Page] &c. Then by what Statute, or by what words in any Statute is the Chancery so restrained, and conscience and equity banished, excluded and damned? and whereas according to our said commandment, our said learned councell, and the Attorney of our deare Son the Prince, returned unto us a Certificate of their opinions upon the said Statutes under all their severall hands concerning the same case, which Certificate followeth in these words.

According to your Majesties Commandment, we have deliveratly advised of the case sent unto us by the Lord Chancellor; and of the Statutes as well those of Praemunire as others, as far as we take it may concerne the case; and for our better information therein, wee have thought fit to send for, and peruse the originall Records themselves remaining in the Tower of London, of those Statutes not onely appearing upon the Roll of Parliament with the Kings answers, which is the warrant to the Roll of Parliament.

We have also taken into consideration as well Booke Lawes, as divers other Acts of Parliament, which may give light [Page] unto the Statutes, whereupon the question properly growes, together with such ancient Records and presidents as we could find, as well those which maintaine the authority of the Chancery, as those which seeme to impeach the same; and upon the whole matter we are al of opinion, that the Chancery may give reliefe to the case in question; and that no Statute of Praemunire, &c. or other Statute restraines the same.

And because we know not what use your Majesty will be pleased to make of this our opinion, either for the time present or future; we are willing to give some reasons of the same, not thinking fit to trouble your Majesty with all those things whereupon we have grounded our selves, selecting out some principall things, which moved us to be of this opinion, to the end this same may be a fuller object of your Majesties Princely Judgement, whereunto we alwayes submit our selves.

And first we must lay for a sure foundation, that which was contained in our former Certificate, concerning the continuall practise, by the space now of six score yeares, in the times of King [Page] Hen. the 7. King Hen. the 8. King Edward the sixt, Queene Mary, and Queene Elizabeth of this authority; and that in the time, when the same authority was mannaged, not onely the Bishops which might be thought lesse skilfull, or lesse affectionate towards the Lawes of the Land, but also divers great Lawyers, which could not but know and honour the Law, as the meanes of their advancement, Sir Thomas More, and the Lord Audly, the Lord Rich, Sir Nicholas Bacon, Sir Thomas Bromley, and Sir Iohn Puckering; and further that most of the late Judges of the Kingdome, either as Judges when they sate in Chancery by Commission, or as Councellors at Law, when they set their hands to Bills, have by their judgement and councell, upheld the same authority; and therefore for as much as it is a true ground That optimus legum interpres consuetudo, especially when the practise or custome passeth not amongst vulgar persons, but amongst the most high and scient Magistrates of the Kingdome: And when also the practising of the same should lye under so heavy a paine as the Praemunire: This is to us a principall and implicit satisfaction; [Page] and those Statutes ought not to be construed to extend to this case; and this of it selfe, we know, is of far more force to move your Majesty, then any opinion of ours, because Kings are fittest to informe Kings, and Chancellors to teach Chancellors, and Judges to teach Judges; but further out of out own science and profession, we have thought fit to adde those further reasons and proofes very briefely, because in case of so ancient a possession of jurisdiction, we hold it not fit to amplifie.

The Statutes upon which the question grows, are principally two; whereof one is a Statute of Praemunire, and the other is a Statute of simple prohibition; that of Praemunire is the Statute of 27. E. 3. cap. 1. And the Statute of the simple prohibition is the Statute of 4. H. 4. cap. 23. There are divers other Statutes of both kinds; but the question will rest principally upon those two, as we conceive it.

The en [...]rance in Seldens discourse fol. 63 b.For the Statute of 27. E. 3. it cannot in our opinions extend unto the Chancery, for these reasons.

1. First out of the mischiefe which the Statute provides and recites, viz. [Page] That such suites and pleas (against which the Statute is provided) were in prejudice and disinherison of the King and his Crowne, which cannot be applyed to the Chancery: for the King cannot be disinherited of jurisdiction, but either by a forreigner, or by his Subject; but never by his own Court.

2. Out of the remedy which the Statute points; viz. That the offendors shall be warned within two moneths, to be before the King and his Councell, or in his Chancery, or before the Kings Justices of the one Bench, or of the other, &c. By which words it is opposite in it selfe, that the Chancery should give both the offence and the remedy.

3. Out of penalty which is not only severe, but hastily, namely that the offenders shall be put out of the Kings protection, which penalty altogether savors of adhering to f [...]rreine Jurisdictions, and would never have been inflicted upon an excesse onely of jurisdiction in any of the Kings Courts as the Court of Chancery is.

4. Out of the Statutes precedent and subsequent 25. E. 3. cap. 1. and 16. R. 2. cap. 5. which are of the same nature [Page] and cannot be applyed but to forraigne Courts; for the word alibi, or elsewhere is never used, but where Rome is named specially before.

5. The disjunctive in this Statute (which onely gives the colour) viz. That they which draw any out of the Realme in plea, whereof the Cognizance pertaineth to the Kings Court (or) of things whereof Judgements be given in the Kings Court, or which doe sue in any other Court, to defeat or impeach the Judgements given to the Kings Court; this last disjunction wee said (which must go farther then Courts out of the Realme, which are fully provided for by the former branch) hath sufficient matter and effect to work upon in respect of such Courts, which though they were totally within the Realme, yet in jurisdiction were subordinate to the fo [...]reigner such as were the Legates court, the delegates court, and in generall all the Ecclesiasticall courts within the Realme at that time, as it is expressely construed in the Judges, 50. E. 4. fol. 6.

6. In this the sight of the Record of the Petition doth cleare the doubt, [Page] where the Subjects supplicate to the King to ordaine remedy against those which pursue in other courts then his own against Judgements given in his court, which explaines the word (other) to be other then the Kings courts.

7. With this agreeth notably the book of entries, which translates the word (in other court) not in alia Curia, but in aliena Curia.

8. This Statute of vicesimo septimo, E. 3. being in corroboration of the common Law (as it selfe recites) we doe not find in the Register any presidents of the Writs of adjura regia, which are framed upon chiefe cases that were afterwards made penall, by the Praemunire, but onely against the Ecclesiasticall courts.

9. Lastly we have not found any president at all, of any conviction upon the Satutes of Praemunire of this nature for suits in Chancery, but onely two or three Bills of Indictment preferred, sed nihilinde venit, for ought appears to us. For the Statute of H. 4. that we doubt was made against proceeding within the Realme, and not against forraigne; and therefore hath no penalty annexed, neverthelesse we conceive that it extends [Page] not to the Chancery in the case delivered, for these reasons.

1. First this Statute recites where the parties are made to come upon grievous paine, sometimes before the King himselfe, sometimes before the Kings Councell, and sometimes in the Parliament to answer thereof anew, &c. Where it appeareth that the Chancery is not named, which could not have been forgotten, but was left out upon great reason, because the Chancery is a court of ordinary Justice for matter of equity; and the Statute meant onely to restraine extraordinary Commissions, and such like proceedings.

2. This appeares fully by view and comparing the two Petitions, which were made the same Parliament of 4. H. 4. placed immediately the one before the other. The first which was rejected by the King, and the second, whereupon this Statute was made; whereof the first was to restraine the ordinary proceedings of Justice, that is to say in the Chancery by name, in the Exchequer, and before the Kings Councell by processe of privy Seal; unto which the King makes a Royall and prudent answer in [Page] these words: The King will charge his Officers to be more sparing, to send for his Subjects by such processe then heretofore they have beene; but notwithstanding it is not his mind, that the Officers shall so far obtaine, but that they may call his Subjects before them, in matters and causes necessary, as it hath beene done in the time of his good Progenitors; and then immediatly followes the Petition, whereupon the Act now in question was made, unto which the King gave his assent, and wherein no mention is made at all of the Chancery or Exchequer.

3. If the Chancery should be understood to be within the Statute, yet the Statute extends not to this case; for the words are, that the Kings Subjects are driven to answer thereof anew, which must be understood, when the same matter formerly judged, is put in issue or question againe, but when the cause is called into the Chancery only upon point of equity, there as the point of equity was never in question in the common Law Court, so the point of Law or of fact (as it concernes the Law) is never in question in the Chancery; so [Page] the same thing is not twice in question, or as answered anew: for the Chancery doth supply the Law, and not crosse it.

4. It appeareth to our understanding, by the cause of errour, and attaint in the same Statute, what Jurisdiction it was that the Statute meant to restraine, viz. such Jurisdiction as did assume to reverse and undoe the Judgement, as error or attaint doth, which the Chancery never doth, but leaves the Judgement in peace, and onely meddles with the corrupt conscience of the party; for if the Chancery should assume to reverse the Judgement in the point adjudged, it is void as appeareth 39. E. 3. f. 14.

5. We find no presidents of any pro [...]ceeding to conviction or Judgement upon any indictment framed or grounded upon this Statute, no more then upon the Statute of Praemunire; and the [...]ate Indictments are contra diversa Statuta not mentioning the particular Statutes.

6. Lastly, it was a great mischiefe to force the Subject in al cases to seek remedy in equity, before he knew whither the Law will help him or no, which [Page] oftentimes he cannot do till after judgement, and therefore he is to seek his salve properly, when he hath his hurt.

There be divers other things of weight which we have seene and considered of, whereupon we have grounded our opinion, but we goe no further upon that we have seene.

But because matters of presidents is greatly considerable in this case, and that we have been attended by the Clerks of the Chancery, with the presidents of that Court, and have not been yet attended by any officer of the Kings Bench with any president of judgements, if it shall please your Majesty faithfull report of them, as we have done of the other; all which &c.

Francis Bacon, Hen. Mountague. Randall Crew, Hen. Yelverton. Iohn Walter.

Now forasmuch as Mercy and Justice be the true supports of your Royall Throne; and that it properly belongeth to us in our Princely office, to take care and provide, that our Subjects have equall and indifferent Justice ministred [Page] to them, and that where their case deserveth to be relieved in course of equity by suit in our Court of Chancery, they should not be abandoned, and exposed to perish under the Rigor and extremity of our Lawes; we in our Princely judgement having well weighed, and with mature deliberation considered of the said severall reports of our learned Councell, and of all the parts of them, doe approve, ratifie, and confirme as well the practise of our court of Chancery expressed in the first Certificate, as their opinions for the Law upon the Statutes mentioned in their latter Certificate, the same having relation to the case sent them by our said Chancellor; and doe will and command, that our Chancellor, or Keeper of the Great Seale for the time being, shall not hereafter desist unto our Subjects upon their severall complaints (now or hereafter to be made) such reliefe in equity (notwithstanding any former proceedings at the common Law against them) as shall stand with true merits and Justice of their cases, and with the former ancient and continued practise and proceeding of our Chancery; and for that it appertaineth [Page] to our Princely care and office onely to Judge over all our Iudges, and to discerne and determine such differences as at any time may or shall arise between our severall courts, touching the jurisdictions, and the same to settle and decide as we in our Princely wisdome shall find to stand most with our Honor, and the example of our Royall Progenitors, in the best times, and the generall weale and good of our people, for which we are to answer unto God, who hath placed us over them: Our will and pleasure is, that our whole proceedings herein by the decrees formerly set down be inrolled in our court of Chancery, there to remaine of record, for the better extinguishing of the like questions or differences that may arrise in future times.

Per ipsum Regem. Fran. Bacon. Hen. Yelverton.

Decimo octavo Iulii. Anno 14. R. Regis, &c.

FINIS.

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Title statement

Reports or causes in Chancery collected by Sir George Cary, one of the masters of the Chancery in in [sic] anno 1601, out of the labours of Master William Lambert ; whereunto is annexed the Kings order and decree in Chancery for a rule to be observed by the chancellor in that court, exemplified and enrolled for a perpetuall record there, anno 1616 ; together with an alphabeticall table of all the cases.

England and Wales. Court of Chancery.

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1650

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2003-01 (EEBO-TCP Phase 1).

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A34128

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Wing C555

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ESTC R22868

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12234432

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56698

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(EEBO-TCP ; phase 1, no. A34128)

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— Reports or causes in Chancery collected by Sir George Cary, one of the masters of the Chancery in in [sic] anno 1601, out of the labours of Master William Lambert ; whereunto is annexed the Kings order and decree in Chancery for a rule to be observed by the chancellor in that court, exemplified and enrolled for a perpetuall record there, anno 1616 ; together with an alphabeticall table of all the cases., England and Wales. Court of Chancery., Carew, George, Sir, d. 1612., Lambarde, William, 1536-1601..

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[14], 128, [7] p.

Printed by E.G. for W. Lee [and 2 others],. London :: 1650.. (Includes index.)

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The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.