for binding with coards the good man of the house and his wife and for taking out of a chest 5. li. in money I VratÌ„ praesentaÌ„t qÄ‘ G. C. nuper de M. in comÌ„ Cestriae alij ignoti Sect. 367. xvj die Martij Anno Regni Edwardi sexti dei gratia Angliae c. quinto circa horam vndecimam in nocte eiusdem diei apud A. in comÌ„ C. domum cuâ—usdam R. W. vi armis viz. baculis gladijs dagarijs burglariter ac felonice fregerunt et intrauerunt Ea intencione ad spoliand ' depredendum praed ' R. W. et in praed ' R. W. ac R. W. filium suum et lo. vxorÌ„ eius adtunc ibidem insultuÌ„ fecerunt et ipsum R. W. cum quodam instrumento vocatÌ„ Pothookes polices ipsius R. W. super trabem vocatÌ„ a beame domus praedict ' ipsum adtunc ibidem suspenditur praed ' R. W. et Ioh. vxorÌ„ eius cum cordis ligauerunt et C. s in pecunijs numeratÌ„ in quodam cisto contentÌ„ de bonis et catallis praed ' R. W. adtunc et ibidem inuentÌ„ felonice ceperunt asportauerunt et spoliauerunt vi armis ac contra pacem dicti dnÌ„i Regis ac contra formam statuti in huiusmodi casu editÌ„ et prouis An order to be obserued in the right framing of Indictments Quis quando vbi quid cuius quomodo quare QVis The person with his name surname addicioÌ„ of the Towne Quis. Countie Arte and degree Quando The day and yeare Quando Vbi Quid. Cuius Quomodo Quare Vbi The place Towne and Countie Quid The thing taken the coulour the marke the price and value Cuius The owner of the thing and whose it was Quomodo The manner of the doing and how Quare The entent which is comprised in this word Felonice SYMBOLEOGRAPHY Of Compromise and Arbitrements A Compromise defined A Compromise or Submission Arbitrium Compromissum Sect. 1. Submissio is the facultie or power of pronouncing Sentence betweene persons at controuersie giuen to Arbitrators by the parties mutuall priuate consent without publike authoritie 8. E. 4. 2. Compromise deuided EVery Compromise is generall or speciall Dyer 217. plac 6. Sect. 2. 4. Eliz. Compromise generall A Generall Compromise is of all quarrels actions executions and Sect. 3. demandes c. Compromise speciall A Speciall Compromise is euery submission to order which is not Sect. 4. so generall as when it is of certaine matters facts or things onely as of a Trespas or of all actions of Trespas or of a plaint or Debt or Detinue c. Parts of Iudgements AS of euery other iudgement so of iudgements which grow by coÌ„promise Sect. 5. there are two parts the persons and the question Persons in Iudgements PErsons chiefly regarded in Compromise are the striuing parties Sect. 6. and the Arbitrators Persons striuing THe parties striuing be they betweene whom the controuersie dependeth Sect. 7. and which compromit the same Dyer 217. 4. Eliz. Persons striuing 2. ANd they must be two at the least namely the plaintife and the defendant Sect. 8. of which sometime there be two or more of a side The Plaintife The Plaintife is he which moueth the question The Defendant The Defendant is he against whom the question is moued What persons may compromit and what not AL persons both male and female may make compromise but such Sect. 9. as are prohibited by nature or by law Impediments to compromit BY nature some are prohibited to compromit through defect of the Sect. 10. mind and some through defect of the bodie Impediments in mind naturall THrough the defect of the mind is when either age is such that by Sect. 11. nature they want discretion or being at age they want it eyther naturally or casually as Infants vnder one and twenty yeares old 10. H. 6. 14. 18. E. 4. 2. 7. E. 4. 5. Impediments in mind casuall ANd furious mad Lunatikes during their lunacy 12. E. 4. 8. and Sect. 12. Ideots Impediments in bodie DEfect of the body is such infirmity as hindreth the principall senses Sect. 13. necessary for the atteyning of knowledge as dumbnes deafnes and blindnes Dumbnes and deafnes naturall and casuall ANd therefore persons by nature dumb deaf cannot compromit Sect. 14. as it seemeth for they cannot haue vnderstanding neither can they graunt Perkins Sectio 25. But persons blind dumb deafe by chance which can write and read may well by writing compromit Impediments legall subiection ioynt power SVch persons seeme prohibited by law to compromit as be subiect to Sect. 15. others power or haue onely ioint powers with others as boÌ„dslaues or villeins least the award should become void on their part 35. E. 3. Couerture IN like maner women couert without their husbandes 2. H. 5. Sect. 16. 9. E. 3. 28. Death ciuill ANd persons ciuilly dead as Monkes Friers Canons professed Sect. 17. Nunnes and such other votaries which be in subiection to their Soueraignes 14. H. 8. 16. 2. R. 2. 5. Compromise HEreunto may be added men compelled to submit by threats or Sect. 18. imprisonment 8. Ass 25. 7. E. 4. 21. for in submission the consent ought to be free Attainder and Outlawrie OF this sort also are persons attainted of felony or treason and Sect. 19. persons outlawed or wayued in personall actions for they haue no goods 36. H. 6. 26. 16. H. 6. 47. 21. H. 7. 7. 8. E. 4. 4. 5. H. 7. 16. Ioint power PErsons prohibited to compromit for that they haue onely ioynt Sect. 20. power with others are the single members of euery corporation without their fellow members as a Deane without a Chapter an Abbot without his Couent a Maior without his Comminaltie The master of a Colledge or Hospitall without his fellowes and so of other societies or guilds 21. E. 4. 13. And in awarde it seemeth that such persons onely may of themselues compromit as may of themselues make good graunts Arbitrators defined AN Arbitrator is an extraordinarie Iudge which is chosen hath Sect. 21. power to iudge giuen to him by thonely mutuall consent will coÌ„promise election of priuate persons striuing to th end they may decide their controuersies 19. H. 6. 36. who because the controuersie is coÌ„mitted to his pleasure arbitremeÌ„t is termed an arbitrator for that it is done by the mutuall promise or compromise of the parties he is called compromissarius iudex Dyer 536. 19. Eliz. 39. Or a Iudge hauing cognizance by the compromise of the parties his power is larger then the power of any ordinarie or other extraordinary Iudge appointed by a magistrate for an arbitrator hath power to iudge according to the coÌ„promise after his owne mind aswel of the fact as of the Law not obseruing the forme of law but thother Iudges are tied to a prescript forme limitted to
and casuall 14 Impediments legall subiection and ioint power 15 Couerture 16 Death ciuill 17 Compromise 18 Attainder and Outlawric 19 Ioint power 20 Arbitrators defined 21 The choice of arbitrators 22 Sufficiency of arbitrators considered 23 A fooles Arbitrement 24 A simple magistrates arbitrement 25 Defects of the bodie in Arbitrators 26 Arbitrators indifferent who 27 The question 28 The question double 29 The question of the facte 30 The question of right 31 What is to be considered in each question 32 What thinges are arbitrable and what not 33 Circumstances regarded in submissioÌ„ 34 Of the power giuen to arbitrators 35 Of time and place 36 A compromise with couenants to performe the same 37 Of binding the parties to performe an awarde 38 The condicion of an obligacion to performe an award 39 Of the condicion to performe an awarde of lands 40 Whether power to arbitrate may bee assigned 41 Whether the Compromittors may dischardge the Arbitrators or no. 42 What an arbitrement is 43 Thinges to be regarded in Arbitrements 44 An Arbitrement of Landes by which the partie couenaunteth to performe it 45 An arbitrement of debt whereby the parties are bound to performe it 46 An awarde of debt by an Earle vpon submission by bond 47 Of notice of the arbitrement 48 The finall cause of arbitrements 49 ✿ An Award of copihâ—ld land 50 ✿ An Award reciting certaine bonds for the performance of an Award and that the Award was made 51 Of the Chauncery Proceedings and Supplications Billes and Answeres OF the Chauncery Sect. 1. Of strict or precise law 2 Of Equitie 3 The deuision of Equitie 4 The efficient cause of Equitie 5 The materiall cause of Equitie 6 The formall cause of Equitie 7 The finall cause of Equitie 8 Why Equitie is sometime compared to a ruler 9 How Equitie and Clemencie doth differ 10 Of the difference betwixt equitie and strict law 11 How the ChauÌ„cery is tearmed the court of conscience 12 Conscience defined 13 Of Iudgements in Chauncery 14 Of the power ordinarie of the Chauncery 15 Of the power absolute of the Chauncery 16 Of a Subpena 17 Casesremediable in Chauncery 18 Certaine cases where the partie is remedilesle in Chauncery 19 Of the ordinary proceedings in the high Court of Chauncery 20 A Subpena for costes 21 An Attachment 22 An Attachement with Proclamation 23 ✿ An attachment in the Cinque portes 24 ✿ An attachment in the Countie Palantine of Lancaster 25 ✿ An attachment against one dwelling within the Countie Palantine of Chester 26 A Commission of rebellion 27 ✿ A Supersedeas of the coÌ„mission of rebellion 28 ✿ A Supersedeas to the Chauncellour of the countie Palantine of Lancaster 29 ✿ The like to the Chamberlaine of Chester 30 ✿ A Supersedeas of an attachment 31 Of an Iniunction 32 Of apparance 33 Of a Dedimus potestatem to receiue an answere 34 Of a Supersedias 35 ✿ A Commission vpon a false Affidauit 36 Of an imperfect Answere 37 Reioyning and ioyning in coÌ„missioÌ„ ad examinand ' testes 38 A Commission ad examinand ' testes 39 A Note by the Commissioners to giue c. 40 Of cyting witnesses 41 A Subpena ad testificand ' 42 The Stile of Interrogatories 43 The Stile of the Deposicions thereupon taken 44 Of Publication Hearing and Breuiates 45 ✿ A Commission to the Sherife to keepe the plaintife in possession 46 ✿ A Commission to certifie depositions taken by Commission 47 A Commission to examine witnesses in perpetuall memory 48 Subpena ad testificandum super peticionÌ„ 49 Aliter ad testificand ' ad Assisas super articulos 50 Subpena ad ostend ' causam quare euideÌ„c ' non deliberentÌ„ 51 Subpena ad testificand ' ad Assisas in London 52 Subpena ad testificand ' coram VicecomÌ„ London 53 Subpena pro Euidentijs adferendis 54 Aliter pro Obligatione deliberand ' 55 Subpena de AtturnatÌ„ faciend ' 56 Commission ad â—ecipiendum ad examinand ' testes c. 57 Commissio ad audiendum terminand ' c. 58 Commissio ad examinandum testes ad locum c. 59 Commissio ad superuidendum distinguendum vastum 60 A Commission to the L. Deputie of Ireland and the Lord Chauncellor for the hearing and determining of a Title of land 61 What a Bill of complaint is 62 The direction of bils 63 What an answere is 64 What a Replication is 65 What a reâ—oinder is 66 What a Surreioinder is 67 A Bill of complaint for entering and making secrete estates of the land wasting part therof mingling part with other lands to disherite the plaintife by hauing the writings thereof 68 The answere to the bill 69 The replication to the answere 70 A bill to stay suite at the Common lawe vpon an obligacion 71 A bill for the withholding of a writing and taking the profites of the land and false charging of the plaintife with the esloyning of a Cowe 72 The aunswere thereunto 73 A bill to be relieued for obligatioÌ„s made for Simonie 74 A bill for Bourding 75 A demurrer for double vexation 76 A bill for not surrendring a lease in trust for wasting tenths demised and withholding of writings 77 A bill by an administrator vpon a promise made to the intestate of certaine mariage money to bee paid by the defendant 78 A bill for entering into and detayning lands by colóur of hauing the euidences thereof and for contriuing secreet estates 79 A bill for certaine money that should haue beene paid in consideracion of a lease agreed to be made of land 80 An aunswere and demurrer to the same bill 81 The Replication to the said answere and demurrer 82 A bill for money lent without specialtie and witnesses 83 The aunswere thereunto 84 A Bill for deteyning of bonds paid and praying an IniunctioÌ„ to stâ—y sute thereupon 85 A Bill to examine witnesses in perpetuam rei memoriam 86 A Bill for deliuery of sheepe by an executor conuerted to his owne vse 87 The answere thereunto 88 The replication to the answere 89 A Bill for a debt vpon a contract without witnesses 90 The answere and demurrer thereunto 91 A Bill to bee discharged of bondes made vpoÌ„ promise not to be preiudiced therby laying open diuers Iewde practises by the defendant 92 A Bil for receiuing of the plaintifs goods of his wife and the detaining of them 93 The answere thereunto 94 The Replication to the answere 95 A Bil for that the defendants haue gotteÌ„ the plaintifes bill whereby they stood bound vnto him meaning thereby to defraud him of his debt 96 A Bill for wrongfull entrie into lands detayning of the writings wasting the same and contriuing secret estates 97 A Bill for deteyning of a lease for yeeres 98 A Bill by an Executour for money for boording 99 A Bill for not entring into bonde to saue a suertie harmelesse according to promise 100 A Bill for making falfe Affidauit for appearance 101 A Bill to bee releiued of an
peremptoria And Glanuil cap. 3. Lib. 9. saith Talis concordia finalis dicitur eo quod finem imponit negotio adeo vt neutra pars litigantium ab eo de caetero poterit recedere In which bookes may be seene thauncient forme of leuying Fines their great antiquitie for they be as auncient as any Court of Record Plow fol. 357. a. 368. b. which without question were long before the Conquest So that Fines hauing their commencement of Record long before the Conquest euer since haue remayned in great estimation as appeareth by a Fine leuied before the Conquest touching the possession of the Abbey of Crowland and diuers other auncient Fines leuied before that time yet extant Plow 357. a. 368. b. But chiefely we are to consider their effects which be to make certeintie and assurance to the parties concerning their estates in lands and tenements and to end contention and breed peace and securitie to all men As appeareth by the Statute de Finibus 27. Edw. 1. Stat. 1. cap. 1. wherein be these words Quia fines in Curia nostra leuati finem litibus imponere debent imponunt Ideo fines vocātur maxime cum post Duellum magnam Assisam in suo casu vltimum locum finalem teneant imperpetuum with which Statute agreeth Bracton tractatu 5. Lib. 5. cap. 28. Sect. 7. de Exceptionibus And therefore by thauncient law Fine and Nonclaime by the space of a yeare and a day was a peremptory barre to all men which was abrogated by the statute made 34. Ed. 3. cap. 16. And at this day Fines be of great force puissance and worthinesse for being leuied and ingrossed with proclamatiōs according to the statute of 4. H. 7. cap. 24. 1. R. 3. cap. 7. 32. H. 8. cap. 36. 31. Eliz. Reg. cap. 2. They are finall endes and sufficiently conclude barre and discharge for euer aswell parties and priuies as estrangers to the same except women couert other then beene parties to the fines and euery other person at the time of the leuying of the same fine being within the age of xxi yeares or in prison or out of the Realme or of vnsound mind and not parties to such fines Sauing vnto estrangers to such fines such right title claime and interest as they haue to the tenemēts therein contained at the time of thingrossing thereof so that they pursue the same by action or lawful entrie within fiue yeeres next after proclamations thereupon made according to the said statutes And sauing to all other persons such action right title claime and interest in or to the tenements in such fines mencioned as first shall grow remaine discend or come to them after the said fine ingrossed and proclamations made by force of any cause or matter had or made before the said fine leuied so that they pursue their action right or title within fiue yeeres next after that it is to them accrued By which authorities we gather that fines are nothing els but Instruments 20. Ass p. 1. 26. Ass p. 37. Dyer fol. 179. Plow fol. 146. of record of agreements cōcerning lands tenements or hereditaments duely made by the Queenes consent licence knowledged by the parties to the same vpō a writ of Couenant a writ of Right a writ of Customes Seruices Warrantia chartae thereof or such like before the Iustices of the Common place or others thereunto authorized ingrossed of record in the same Court to end all cōtrouersies therof both betweene themselues which be parties and priuies to the same and all estrangers not suing or clayming in due time These Fines destroy estates taile other then such as be made by the King the reuersion being in the King 32. H. 8. ca. 36. And other then fines of lands restrayned from alienation by act of parliament 32. H. 8. cap. 36. Or leuied by an Intrudor of lands seised into the kings hands as by an heire which holdeth in Capite before Liuery sued 1. H. 7. ca. 5. for by the Praerogatiue cap. 13. by his entrie he gayneth no freehold And in time become perpetuall barres against all men end strife make peace breede securitie and tranquillitie which is the very fruite effect and end of all godly Lawes Of the parties to fines IN euery Fine two things are principally to be regarded the persons Sect. 2. and the action Persons chiefely regarded in fines be the parties to the fines and the Iudges Parties to the fines be the Cognizor and the Cognizee which are thefficient causes thereof The Cognizor is he which doth knowledge the fine The Cognizee is he to whom the fine is leuied In the parties 3. things are specially to be regarded Their Capacities Names and Estates Touching the Capacitie of the Cognizor it is to be considered whether he be a person able to leuie a fine or no namely whether he be void of all such impediments naturall and ciuill as may hinder him in doing thereof What persons may be Cognizors and what not ALl persons male female may be Cognizors but such as are prohibited Sect. 3 that to doe by nature or law By nature through defect of the nund or of the bodie but no longer then such defect endureth This defect of the mind is either naturall or casuall Of Infancie DEfects of the minde by nature is by age which is of Infants Sect. 4. that is persons vnder thage of xxi yeeres as by Ideocy which ought not to be Cognizors because the law intendeth they want vnderstanding and discretion what to do in this behalfe Yet if a fine be leuied by an Infant it cannot be reuersed but by himselfe by writ of Error during his infancy that the Court may see him and thereby iudge his age 50. E. 3. 5. 17. E. 3. 52. and 78. Impediments of the mind casuall such as affect are furious madde men Lunatiques Ideots men hauing the Lethargie whereunto may as it seemeth be added doting old persons wanting discretion men drunken who ought not to be Cognizors for their fines are not reuersable because the fine it selfe argueth their habilities for the law intendeth that Iudges will receiue no cognizances of such persons 17. E. 3. 5. and 78. 17. Ass 17. Defects of the bodie DEfects of the bodie be such infirmities thereof by which the principall Sect. 5. sences necessarie for vnderstanding and to declare their consents are wanting Of which sort be such as are blind deafe or dumbe naturally But persons blind deafe or dumbe accidentally may make cognizance if they can expresse their meaning by writing Impediments legall or ciuill LEgall impediments be when such persons be prohibited by law as Sect. 6. by nature are able to leuie fines And they are either by reason of subiection or ioint power Of legall subiection SUbiection legall is when persons be vnder the rule of others as a Sect. 7. feme couert to her husband 2. H. 5. 9. E. 3. 28. A villein to his Lord 33.
them by the Law or Magistrate of which they be onely executors For which cause Tully saieth well Aliud est iudicium aliud arbitrium nam iudicium est pecuniae certae arbitrium incertae ad iudiciuÌ„ hoc modo venimus vt totam litem aut obtineamus aut a mittamus At arbitrium hoc modo adimus vt neque nihil neque tantum quantum postulamus consequamur whence springeth this old saying he that putteth his coate to daying is like to loose a quarter The choyse of Arbitrators SEing then the power of arbitrators is such and so great and vncontrolable Sect. 22. warinesse must be vsed in the choise of them In which two things seeme necessarie to be regarded namely that the arbitrators be sufficient and indifferent Sufficiency of Arbitrators considered TOuching their sufficiency such persons are to be elected as haue Sect. 23. sufficient skill of the matter coÌ„promitted haue neither legal nor natural impedimeÌ„ts to giue an vpright sentence Natural impedimeÌ„ts be through defect of mind or body naturall impediments through defect of mind be infancie for infants by reason of their tendernes of yeares want discretion to manage themselues their owne affaires madnes and Ideocy for they who are maymed with these blemishes are vtterly void of vnderstanding And although I haue red some examples of sage sentences giuen by fooles yet dare I not aduise my friends to expect alwaies the like at their hands As this A fooles Arbitrement THat an huÌ„gry begger espying daintie cheere in a cookes shop hasted Sect. 24. thither beyng set downe did eate a small peece of his owne bread and incontinently receiued such wonderful comfort by the sweet smell of the cookes cates and sauces whereof he tasted no bitt that he confessed that his eager stomacke was aswell satisfied therewith and had as good a repast as if he had indeed stuffed his paunch with the best cheere there which the cooke hearing straight waies with a sterne countenance bids the poore caytife pay for his breakfast whereat the simple guest was mightely amazed and the craftie cooke somuch the more earnest insomuch that this poore man the cooke were content therein to abide the award of him that should next passe by no sooner was the submission made but thither cometh a most notorious naturall foole to whom as their iudge they rehearsed the matter which beyng heard the Ideot caused the poore man to put so much money betweene two â—asons as the couetouse cooke exacted and to shake them in the cookes hearing which done this arbitrator awarded that as the cooke had fedd the poore man with the onely smell of his cates so the poore man should pay him therefore with the onely sound of his coine which sentence was highly approued of all the hearers A simple magistrates Arbitrement NOt much vnlike to this is that which is reported of a couetous Sect. 25. churle who sorrowed extremely for that he had lost a purse with one twentie angels in it But an honest man hauing found the same of meere conscience deliuered it to the same â—hurle who not once thanking him that was the bringer fals to accompt his coine finding only xx angels in the purce with great rigour exacted the odde angell and because the honest man denied the finding thereof he conuented him before a Magistrate of a corporation whose wealth and authoritie farre exceeded his wit as in such places commoÌ„ly hapneth for that affectioÌ„ and simplicity be their ordinary Electors The plaintife sweareth they were one and twenty angels in the purse which he lost the defendant that there were onely twenty in that which he found WhereupoÌ„ the Magistrate pronouÌ„ced that the purse found was not the plaintifes and therefore adiudged him to restore vnto the defendant the purse with twenty angels leauing the plaintife to good fortune for the finding againe of his purse with one and twentie angels I thinke a man may trie a thousand fooles in the like cases before he receiue the like sentence Defects of the body in Arbitrators THe defects of the bodie hindering iudgement are infirmities by Sect. 26. which the principal senses necessary for the apprehension of knowledge are impaired as by deafenes dombnes and blindnes Arbitrators indifferent who ANd for indifferency it is good that the Arbitrators be void of malice Sect ' 27. fauor to either of the parties that they be not notorious by outlarie excommunication or suspected of any other notorious crime that they be neither irreligious nor couetous For albeit as it is said an Arbitrator hath herein absolute power yet ought his iudgement or sentence to be sincere and incorrupt according to right and equitie without malice flatterie and euery other vicious affection or perturbation which may in any sort lead him awrie from the right pathe of Iustice and equitie Hitherto of persons regarded in submissions The Question THe Question which conteineth the matter of tharbitrement followeth Sect ' 82. The question is a thing in controuersie declared to the Iudge or Arbitraitor to the ende it may by him be decided Dyer fol. 216. 4. Elizab pla 6. The question double ANd euery question is either about the fact or about right Sect ' 29. The question of the fact A Question of the fact is when such a fact is enquired of as is Sect ' 30. doubtfull The question of right THe Question of right is when the fact being knowen it is yet Sect ' 31. doubtfull how much is thereby growen right and due to ech partie by Law What is to be considered in each question ANd in euery question hereupon arising it is to be considered whether Sect ' 32. the thing in question be arbitrable or no for in vaine it is to compromit things not arbitrable Let vs therefore see what things be arbitrable and what not What things are arbitrable and what not THings and actions personall incertain are arbitrable as trespas Sect ' 33. a warde taken away c. 22. H. 6. 39. 14. H. 4. 2. 4. H. 6. 17. But things certain are not arbitrable but when the submission is by specialty if they be not ioyned with others incertain as debt with trespas 4. H. 6. 17. 2. H. 5. 2. 12. R. 2. Dyer 33. H. 8. fol. 51. pla 14. But Chattels real or mixt are not arbitrable by theÌ„selues as Charters of lands 9. H. 6. 60. 14. H. 4. 24. if the submission be not by specialty 19. H. 6. 3. H. 6. Also an Annuitie is not arbitrable if the submission be not by specialty 9. H. 6. 60. 14. H. 4. 18. 3. H. 4. 6. Nor a Freeholde 11. H. 4. 12. 14. H. 4. 18. and 19. Et 24. 54. Ed. 3. 16. 12. Ass pla 25. 21. E. 3. 15. Nor debt vpon arrerages of Accompt before auditors 4. H. 6. 17. because such debt is due by record 3. H. 4. 5. 6. H. 4. 9. Also it seemeth that neither
of witnesses betweene the said parties I. L. of A. in the Countie of E. Laborer of the age of xlvi yeares or there abouts sworne and examined deposeth and saieth vpon his Oath as followeth Item to the first Interrogatorie he deposeth and sayth that c. As the matter is c. And so vpon the rest of the Interrogatories The direction of the Commission being executed Illustrissime dominae nostrae Elizabethae Reginae in CancellarÌ„ sua Of Publication Hearing and Breuiates and after that then this Certific ' dexpositionÌ„ testium ex parte A. B. C. D. AFter that the Witnesses be so examined in the Court or by commission Sect 20. as is aforesaid Publication is to be had and thereupon a day of hearing is to be procured Against which time Breuiats must de made of the effect of the pleadings depositions other proues euidence the counsel perfectly instructed of the whole state of the matter a Subpena to heare iudgement Subpena ad audiend ' Iudicium made and deliuered to the partie in conuenient time before the said day of hearing At which time albeit that vpon the hearing the matter be dismissed yet may the parties haue the depositions of their witnesses exemplified vnder the great seale of England Exemplification of the depositions for the furtherance and maintenance of their rights and titles at and by the common Law But if the matter be directed for the Compl after the decree past and enrolled he may haue a writ de Executione iudicij A writ de executione iudicij Contempt which must be serued vpon the defendant And if he refuse to satisfie the same then vpon oath made thereof processe or contempt is to issue against him in forme aforesaid And if such decree be in a suit for lands and the defendant abide all the said processe of contempt and stil deteine the possession of the lands from the plaintife contrary to the said decree then vpon mocion thereof made in the Court a commission is vsually Comission to put the plaintiâ— in possession graunted to the Shirife and some others neere adioyning to the landes in question to put the plaintife in possession and to keepe him in possession according to the said decree A Commission to the sherife to put and keepe the plaintife in possession according to an order there in taken vntilla cause then depending in suit be heard and determined REgina c. vic' Kanc ' salutem Cum per ordinationem captÌ„ in Cancell ' Sect ' 46. nostra 3. die Iulij vltimo preterito intÌ„ W. A. querenÌ„ W. Y. alijs defendentÌ„ ordinatÌ„ fuit quod praed ' W. A. assignatÌ„ sui pacifice quiete iaberent gauderent occuparent vnum messuagium siue tenementÌ„ cum ê‘tinÌ„ IacenÌ„ existenÌ„ in E. R. in comÌ„ praedict ' inter partes praed ' in Cancell ' praed ' in controuersia pendentÌ„ indecisa absque vexatione molestatione siue interruptione praedict ' W. Y. siue aliquarum personarum sub titulo interesse IurÌ„ vel procuratione suis donec materiâ— inter partes praed ' in curia nostra praed ' finaliter determinetur Et quia iam ex testimonio fidedignorum accepimus quod diuerse aliegine ignote inhabitanÌ„ extra comitÌ„ Kanc ' per procurationem praedictoâ— defendentÌ„ vt asseritur possessionem messuag ' tenÌ„tÌ„ praedict ' cum pertinÌ„ vi armis ac manufortitenen tin defraudationÌ„ contemptum ordinis praedict ' ac ipsum W. A. assignatÌ„ suos extra possessionem messuag ' tenÌ„ praedict ' custodiunt contra formam effectum ordinis praedict ' tibi igitur precipimus quod immediate post receptionem huius breuis assumptis tecum sufficientÌ„ potestatem comitatÌ„ nostrae Kanc ' praedict ' in propria persona tua ad messuagium siuetenÌ„tum praedictum accedas attachiari arrestarifacias quascuÌ„que ê‘sonas ibidem inueneris possess messuag ' tenÌ„tÌ„ siue terrÌ„ praedict ' siue alicuius parcell ' tenentes eos eorum quemlibet de die in diem ducifacias vsque prisonam nostram de Fleete gardino nostro ibid ' liberanduÌ„ ibidem moratur quousque de eorum deliberationÌ„ aliter duximus ordinandum Ac vlterius tibi precipimus firmiter iniungendo quod inde praed ' W. A. assignatÌ„ suos in pacifica quieta possessionÌ„ eiusdeÌ„ de tempore in tempus manuteneas donecaliter inde a nobis habueris specialiter in mandatis Et quid inde feceris sciri facias CancellarÌ„ nostro Teste c. A Cerciorare to Commissioners to certifie the depositions taken by Commission REgina c. dilectis sibi A. B. C. D. genÌ„ salutem Volentes certis Sect ' 47. de causis Cerciorari super quasdam depositiones testium in t ' H. G. querentÌ„ C. D. defend ' per vos tres vel duos vrÌ„um virtute breuis nostri de Commissione vobis in ea parte directÌ„ capt ' adhuc penes vos residenÌ„ vt est dictum vobis mandamus quod depositiones praed ' cum omnibus eas taÌ„genÌ„ adeo plene integre prout coram vobis captÌ„ fuerÌ„ nobis in Cancell ' nostram in quindena Paschae prox ' futurÌ„ vbicunque tuÌ„c sub sigillis vestris trium vel duorum vestruÌ„ distincte aperte mittatis hoc breue Teste c. Of a Commission to examine witnesses in perpetual memory FIrst the plaintife must exhibite his bill and thereby shew his title to Sect ' 48. the land lease or such like matter that he hath right vnto And that the witnesses which can prooue his title are aged and not like long to liue whereby he may be in daunger of the losse of the thing in question And therefore to pray to haue a Commission directed to certeine Gentlemen of credite and worship for the examination of the said witnesses And also to pray proces of Subpena against him her or them to shew cause if he or they can why the plaintife should not examine his witnesses as aforesaid The forme of which Processe ensueth in haec verba Elizabeth dei gratia Angliae Franciae HibernÌ„ Regina fidei defensorÌ„ c. I. S. salutem Cum A. B. exhibuit coram nobis in Cancellaria nostra quandam petitionem vt quidam testes in perpetuam rei memoriam versus te examinarentÌ„ ne id tibi in preiudicium cederet Tibi praecipimus firmiter iniun gentes quod omnibê° alijs praetermissis excusatione qua cunque cessante in propria persona tua vel per tuum AtturnatuÌ„ aut deputatum sis coram nobis in dicta Cancellaria nostra infâ— quatuordecim dies immediate post receptionem huius breuissi tibi ita visum fuerit vt dicti testes aut alij quicunque ex parte tua ibidem similitÌ„ examinarÌ„ possint si ita velis vel vt ostendas proponas vel ostendi
will and commaund you and by vertue of these our Letters patents giue full power warrant and aucthoritie vnto you or to any viii vii vi v. iiii or iii. of you of which number we will that you c. be alwaies one to commit him or them to prison there to remaine till his her or their conformities shall be therein had willing commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be alwaies one that at such times places as to your discretions or to the discretion of any viii vii vi v. iiii or iii. of you of which number c. be alwaies one shall seeme fit and conuenient diligently to attend applie and with speede put in execution the effect of this our Commission so as the complainants before named or any of them which shall haue to do therein may not haue iust cause to make further complaint for delay or want of Iustice willing and commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be one to admit no dilatorie exception to any supplication or supplications bill or bils of complaint exhibited or to be exhibited before you or any viii vii vi v. iiii or iii. of you of which number we will that c. he alwaies one or otherwise to the ouerthrowing of this our Commission But according to our meaning herein to proceed and to go to the full hearing ordering decreeing iudging and determining of the right title and demaund of the parties aforesaid of for and concerning the premisses and euery part and parcell thereof and accordingly to decree and iudge as to equitie and right shall appertaine any act statute law prouision or ordinance to the contrarie thereof notwithstanding And therefore fayle you not as you tender our fauor for if our sayd Subiects O. D. P. P. I. F. M. D. and R. D. should be put from such triall of their right to the premisses as by this our Commission we haue prouided for them Their disabilitie and want of riches wealth friendship and alyance considered and of the other part the said Lord of H. their aduersarie being throughly furnished of all those things and withall being a Lord by byrth and of great calling and aucthoritie and inhabiting within the said Countie where the said lands c. do lye our said subiect should be in perill and danger to be without remedie at our common Lawes there which were no small mischiefe to them The premisses considered we haue graunted this our Commission according to the tenor aforesaid And further we will and commaund you and by vertue hereof giue full power and aucthoritie vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be one that after the right interest title and demaund decreed adiudged and determined as is aforesaid that you haue consideration vnto the hinderance losses and damages which the Complaynants or any of them as is aforesaid haue had and susteyned by reason of the wrongfull deteyning of the possession of the premisses and the said damages by you as is aforesaid taxed and extracted thereof to cause a full execution and satisfaction to be had and made vnto the said complainants and euery of them as is aforesaid And for the better putting in execution of this our Commission we will and commaund the Shirife of that our said County of D. and all other our Officers for the time being to whom in this case it shall apperteine that they and euery of them be attendant vpon you or any viii vii vi v. iiii or iii. of you of which we will that c. be one for thexecuting fulfilling and doing of all and euery act acts thing or things as shall be by you or any viii vii vi v. iiii or iii. of you of which be alwaies one commaunded limited or appointed In witnesse whereof c. Hauing hitherto in some sort shewed the writs of Commissions and course of proceeding in Chancerie suits It seemeth needefull now to expresse what Bills of complaint Answeres Replications Reioinders and Surreioinders be with diuers formes thereof according to the causes of suit ¶ What a Bill of Complaint is A Bill of Complaint is a declaration in writing shewing the Sect. 62. plaintifes griefe and the wrong which he supposeth to be done vnto him by the defendant and what damages he 〈◊〉 by 〈◊〉 sion thereof praying processe against him for â—edresse of the same as may appeare by many examples hereafter following whereupon Hostiensis hath these verses Quis quid coram quo quo iure petatur a quo Recte compositus quisque libellus habet And first the matter of euery bill ought to be true Secondarily the same matter ought to be layd downe therein plainely and certeinly in euery circumstance of the thing person time place maner of doing other accidents And thirdly the same ought to be sufficient in Law both for the forme thereof and for the matter that it be such as is examinable in this Court which being otherwise may be dismissed thence THe direction of all Bills in the Chancerie must be at the toppe Sect ' 63. thereof And when there is neither Lord Chancelor nor Lord Keeper it is thus To the Queenes most excellent Maiestie in her highnesse Court of Chancerie In most humble maner complayning sheweth vnto your most excellent Maiestie your most humble and obedient subiect H. C. c. And when there is a Lord Keeper as at this time thus To the Right honorable Sir Iohn Puckering Knight Lord Keeper of the great Seale of England And when there is a Lord Chancelor then thus To the Right honorable Sir C. H. knight Lord Chancelor of England Their other titles of honor may be also added in the said direction but they are not much necessarie What an Aunswere is AN aunswere is that which the defendant pleadeth or sayth in Sect ' 64. barre to auoid the plaintifes bill or action either by confession and auoiding or by denying and trauersing the material parts thereof And the title of such aunswere is thus The Aunswere of A. B. defendant to the Bill of complaint of C. D. complainant But if there be many defendants then thus The ioint and seuerall aunsweres of A. B. and C. D. defendants to the bill of complaint of E. F. complainant An aunswere is called in Latin Exceptio quae dicta est quasi quaedam exclusio quae interponi actioni cuiuscunque rei solet ad excludendum id quod in intentionem condemnationem iure deductum est Vlpianus What a Replication is A Replication is the plaintifes speech or answere to the defendants Sect. 65. answere which must affirme and pursue his bill and confesse and auoide denie or trauerse the defendants aunswere And note that the plaintife ought to replie the next Terme after that the defendant hath aunswered else may
c. at a day long since past The which summe this defendant did verely thinke to haue receiued accordingly and thereof did make reckoning as of a debt then to be paid to him and for that cause did at the very day appointed for the paiment of the same repaire vnto the place specified in the condition of the said obligation where the said money should be paid and there did attend for the same in hope to haue receiued it accordingly But the said complainant meaning nothing lesse then the satisfying of the said debt left the same vnpaide to the great hinderance losse and discredite of these defendants And this defendant further saith that he hath often and sundry times sithence the said money was due made meanes to the complainant for payment of the same who from time to time with faire promises now almost these three yeares hath delaied this defendant to his greater hinderance then the valew of the said summe By reason whereof and for as much as the complainant hath sought diuers indirect waies and meanes to get the said Obligation of c. out of the hands of this defendant with intent neuer to pay penny of the debt aforesaid This defendant hath caused the said Obligation to be put in suite as he thinketh it is lawfull for him to doe without that that the complainant to the knowledge of the defendant did prepare in a readinesse to haue paid the said c. at the time and place according to the condition of the Obligation aforesaid Or that this defendant vpon the very day appointed for the paiment of the same c. or the day before or in trueth at any time else did come to the complainant and had speech with him that he was contented and did agree to forbeare the punishment thereof vntill the feast of c. then next following or did assume and promise to and with the complainant both then at diuers times after to for beare the payment thereof vntill the said feast and would not take any aduantage of the forfeiture of the said bond but would cancell the said bond and would take new bond for the paiment thereof at the said feast of P. as in the said bill is most falsely declared And without that that the said complainant to the knowledge of the defendant did send one G. V. his seruant to L. with the said money to make payment thereof to one of these defendants as also in the said bill of complaint is vntruely alleaged For this defendant saith that he sought often to the complainant and made means vnto him to haue the said defendant eyther to be paide in noney or that he might be satisfied thereof some other way who made him many promises to do the same with speed but neuer ment or intended it for any thing that this defendant could get to the contrary And the said W. W. the other of these defendāts for himself saith That whereas he is charged to haue made promise to the said V. that if he would deliuer a bonde which he had in his keeping of trust to the vse of the said P. that then he this defendant and the said P. would the next day following come to the said V. his lodging and receiue the said summe of c. and deliuer ouer the said bonde of c. He this defendant saith that he neuer made any such promise to the said V. to his remembrance neither was there any cause at all that he should so doe aswell because in trueth and in honestie the said V. ought to make deliuerie of the said bonde so committed vnto him but of trust as appeareth by the plantifes owne shewing as also for that this defendant was informed that the said V. had deliuered the said bonde before that they two mette together to talke of the saide debt And this defendant further saith that although it were true that he had made such promise as aforesaid yet were it nothing at all materiall for the reliefe of the complainant aswell for the cause aforesaid as also for that this defendant had no power of himselfe to doe eyther good or hurt in the matter And without that that any other matter or thing whatsoeuer materiall in the said vntrue bill to b answered vnto and not in this answere sufficiently answered confessed and auoided trauersed or denied is true All which matters these defendantes are readie to auerre and proue as this most honorable Court shall awarde and prayen to be dismissed with their reasonable costes in this behalfe wrongfully sustained The Replication of E. L. Esq Complainant to the Answere of W. P and W. W. Defendant THe said Complainant replieth and saith that the said bill of complaint Sect. 126. by him exhibited into this most honorable court is very true certaine and sufficient the law to be answered vnto And that the matters therein contained are neither deuised imagined practised or set forth by him the said complainant for any such cause or purpose as the defendants in their answeres haue vntruely imagined but the same is grounded vpon good and iust cause as by the contents thereof doth and may appeare And further saith that the answere of the said defendant is verie vntrue vncertaine and insufficient in the lawe to be replied vnto The aduantage of exception to the incertainety and insufficiencie thereof to the said complainant nowe and at all times hereafter saued The saide complainant for further replication saith that he doth and will auerre iustifie maintaine and proue all and eueuerie matter article sentence and thing in the said bill of complaint contained to be good iust and true in such sort manner and forme as in the said bill of complaint they be truely set forth shewed and declared And further the said complainant saith that he doth and will auerre and proue as this most honorable Court shall and will awarde that the said compainant did prepare in a readines and purposed to pay the foresaid summe c. in the said bill answere mentioned at the time and place in the condition of the said obligation mentioned according to the true intent and meaning of the condition of the said obligation in such sort maner forme as in the said bill of complaint is most truly set forth alleaged And that the very day appointed for the paiment thereof or the day before the said W. P. one of the said defendants did come to the said complainant and vpon speech had betweene them touching the paiment of the said money the said defendaut was contented did agree to forbeare the paiment thereof vntill the feast of c the◠next following in such sort maner and forme as in the said bill of complaint is most truely alleaged With that also that the said W. P. did faithfully assure and promise to and with the said complainant both then and at sundry times after to forbeare the paiment thereof vntill the said feast of c. aforesaid
through the wilfulnes or frowardnes of the saide R. S. according to the charitable and honest intent and purpose of your Lordships saide Suppliant Then your said Suppliant humblie beseecheth your Honor that it may be ordered by your good Lordship that the saide cause may receiue a short speedie vpright and indifferent tryall at the Common lawe in what Court in shall please your good Lordship to appoint And for that your said Suppliant doubteth least by the practise of the said R. S. his libertie may be impeached before the saide supposed cosenage may be fully tryed ended the petitioner therefore humblie beseecheth your good Lo. that by your Lo. order his poore aged father may be protected and defended from arrests or other trouble or molestation vntill the said cause shall receiue a full and finall end and your said Suppliant shall dayly pray to God for c. A Supplication by an Inkeeper imprisoned for treason vpon counterfaite letters from the priuie Counsell who being thereof afterwards discharged by letters from the Counsell had seuerall accions of det laid vpon him before his inlargement And afterwards was from thence remoued to the Fleete and there remayning for his det prayeth that he may complaine of abuses offered to him and to detect others of offences and misdemeanours by them committed And also to write letters to the Commissioners for prisoners for det in the Fleete to compound all causes betwixt him and his creditors To the Right Ho. the Lords c. HUmbly sheweth and complaineth vnto your good Lo. your poore Sect. 185. suppliant dayly Orator I. W. of N. now prisoner in yâ— Fleete That where about the month of September last past in the 32. yeare of her Maiesties raigne one W. P. brought to the said towne of N. certaine counterfait letters vnder the names of the Lo. Chancellor Lord Treasuror and others of her Ma. most honorable priuie Counsell with commandement to I. B. then Maior of the said towne of N. by vertue of the said letters to apprehend take your said suppliant vpoÌ„ suspition of treason to commit him to close prison with beauy irons to be laide vpoÌ„ him the which the said Maior executed acordingly where your said suppliant so continued by the space of 5. weekes And your suppliant being so imprisoned required the said Maior that the said W. P. might be stayed for that he in the same yeare had counterfaited certeine other letters vnder diuers of your Lo. hands but the saide Maior refused to stay him because he came with your Lo. letters to him as he supposed so the said W. P. departed leauing your said suppliant in close prison Whereupon your said poore suppliant sent one to aquaint your ho. with his poore distressed case for redresse reliefe froÌ„ your good Lo. therein who thereupon receiued your honorable letters in your suppliants behalfe directed vnto the said now Maior of the said towne of N. for his enlargement of his said imprisonment But your Lo. said letters notwithstanding your poore suppliant was not set at libertie but detained in prison by the space of 8. dayes after your Lo. letters were deliuered vnto the said Maior by meanes whereof there was one execution for det and diuers other Accions of debt laid vpon him to the vtter vndoing of him his wife 8. poore children your suppliant being a poore Inholder in the saâ—â— towne of N. hauing no other trade of liuing or meanes to maintaine himselfe his poore family by reason of which said vntrue slaunder of suspition of Treason of his long imprisonment of seuen months or more he hath lost all his accustomes guests being many which vsed to come to his said house May it therefore please your good Lo. the premisses being by your Honors tenderly considered for that your said poore suppliant vpoÌ„ his remoue to the prison of the Fleete entered into bond to appeare before your good Lo. at what time soeuer it should please your Ho. to appoint im so to do to admit your said suppliant to complaine before your Ho. of diuers wrongs abuses offered done vnto your poore suppliant as also to discouer detect yâ— said W. some others his confederates of very lewd parts offences coÌ„mitted by theÌ„ And also yâ— it wil please your Ho. to graunt your letters to the CoÌ„missioners for poore prisoners for debt in the Fleete for yâ— speedy compounding ending of all causes betwixt your said suppliant his creditors and your said suppliant as he is most bounden shal dayly pray for your Ho. good Lordship in health and in honour long to continue A Supplication containing that vpon a former supplication the Counsels letters were directed to a knight and others of the cuntrey where both the parties dwelled to heare and end a cause being a matter of account whereupon the knight and the others first wrote their letters to the parties and they not comming before them vpon their letters they did thereupon by vertue of the Counsels said letters send their precept vnto them commaunding them to appeare before them for ending of the said cause who refused to come before theÌ„ the which his contempt was by the said knight c. certified to the Counsell against them And now the petitioner prayeth the Counsels warrant to bring the parties before the said knight c. for the ending of the said cause and if the said parties wilfully refuse to stand to and obey their order then to commit them to the Gaole there to remayne vntill they will be contented to obay and performe the same To the Right Honorable the Lords c. HUmbly sheweth vnto your good Lo. your humble suppliant N. Sect. 186. C. Clothier that whereas vpon a former petition exhibited vnto your good Lo. declaring the iniurious vnconscionable sinister dealings of one T. N. I. his sonne touching a matter of debt account which was by your said suppliant fullie satisfyed Yet continued they suite against your said suppliant for the space of seuen yeares together only of purpose malice to the end to molest trouble impouerish your said suppliant as by diuers certificates then to your Ho. by your saide suppliant shewed did fully at large appeare as also the lewde euill conuersation demeanor of the said I. N. dulie certified vnto your good Lo. by the towne of C. in the County of S. vnder the common Seale of the same towne whereupon it pleased your good L. to direct your honorable letters vnto Sir G. T. of A. in the said County of S. knight others to call before them the said T. N. and all other persons whom that matter did in any wise concerne and that vpon due hearing examination of witnesses vpoÌ„ both parts to be produced to proceede to the finall ending determining thereof according to equitie conscience and thereupon the said Commissioners according to your Lo. said letters of
Commission sent first their letters requiring them to come before them for the ending of the said cause and for that they did not appeare before them vpon their said letters they then addressed vnto theÌ„ their precept requiring and commanding them and euery of them by vertue of your Honours said letters of Commission to them directed to come appeare before them for the ending of the said cause both which letters precept were deliuered by one A. B. vnto the said T. N. who was the principall molestor troubler of your suppliant in these causes who albeit he had receiued the said letters precept yet that notwithstanding he would not appeare before the said Commissioners but contemptuously by his letters to the CoÌ„missioners refused to appeare before them either vpoÌ„ the said letters or the precept froÌ„ the said Commissioners as by a Certificate froÌ„ the said Commissioners ready to be shewed vnto your good Lo. may appeare to the great derogation contempt of your good Lordships May in therefore please your Ho. for the bridling checking of such dissolute froward wilfull obstinacie to the terrifying of such like disobedient persons to graunt vnto your said suppliant your Lo. warrant to be directed vnto the Sherife of the said County of S. to bring the said T. N. before the said Commissioners at such day houre place as by letters froÌ„ the said Commissioners to the said Sherife shal be assigned or appointed And that if the saide T. N. being so brought before the said Commissioners shall wilfully refuse to o bay performe such order end determination as the said Commissioners shall thinke good to set downe therein That the said Commissioners may haue full power Aucthority to commit the said T. N. to the Gaole within the said County there to remaine vntill he will yeeld to performe and obay the order and determination of the said Commssioners or that your good Lo. shall geue order and direction for his deliuery out of prison And your said Suppliant shall dayly pray for the preseruation of your good Lordships in all felicitie and happines long to continue A Supplication by one for himselfe and for eight other prisoners endicted of murder in Wales wrongfullie as they pretend contayning a former Supplication whereupon the Counsell ordered that they shoulde receiue their tryals vpon the sayd Indictmens of life and death in the Countie of Salop and not in the Countie of M. where they were indicted praying that they might be bayled for that he was a freeholder of good woorth and able to put in good suertie that the Counsell would be pleased to giue order by their letters to the Lo. President and Counsell in the marches of Wales for the bayling of them To the Right Ho. the Lords c. MOst humbly enformeth your good Lo. your humble suppliant and Sect. 187. dayly Orator E. D. of the County of C. for himselfe 8. others now prisoners in the Gaole of M. for a supposed murthering of one M. G. who died about Pentecost last past That whereas vpoÌ„ some sodaine heate of words bariance hapning to growe betweene the same M. G. your said suppliant L. in the said County of C. vpon the 28. day of May last past about the hauing vp of a writ of Capias with a fee formerlie giuen for the executing of the same writ at which time by hard hap a stander by geuing a light blowe to the said M. G. with a stone vpon the head whereof he neuer languished so much as one houre in outward apparance neither did his Chirurgion conceiue any danger to be therein but the said M. G. trauelled afterwards without shewe of griefe from place to place about his affaires into forraine countreys vsing all exercises disports of pleasure and afterwards vpon the 10. day of Iune through sicknes died in the said County of M. In which County of M. by fauour of the kinred allies of the said M. G. your suppliant and 11. others were uniustly endicted for yâ— death of the said M. G. as for murther although there were no maner of malice betwixt your Lo. said suppliant the said M. G. before the said hurt of him yâ— said M. G. but great good will liking betwixt theÌ„ For the same night that the said M. G. was hurt as is aforesaid he had appointed to lye at your Lo. said suppliants house whereupon your good Lo. said suppliant being an humble suitor to your Ho. for redresse of the said hard measure it pleased your good Lo. in your very honorable consideration by order froÌ„ your Lo. to appoint the triall of your said suppliant the other 8. endicted persons at the Assises to be holden for the said County of Salop as a place more indiffereÌ„t fit for the same and yet neuertheles your said poore suppliand the rest remaine in prison cannot be bayled and albeit very good sufficient bayle haue bin by your Lo. supplliant diuers times offered not only for himselfe but also for the rest of the people being endicted imprisoned And for that your ho. said suppliant is a freeholder of credit worth well able to find very good sufficient suretie for his owne bayle his said people to appeare and answere to the said indictment against them before the Qu. Maiesties Iustices of Assise for the saide County of Salop at yâ— next assises to be holden within the said County of Sâ—lop for the said County It may therefore please your good Lo. of your accustomed care and commiseration of poore afflicted persons for their reliefes to giue such order and direction by your honours letters to be directed to the Lo. President and Counsell of the Marches of Wales that your Lo. said Suppliant and his poore people may not only receiue their said triall vpoÌ„ the said indictment in the said County of Salop according to your good Lo. former order directions therein but also that they may be presently bayled vpon good and sufficient sureties to be of them taken by the said Lo. President and Counsell for their personall appearance before the said Iustices of Assise for the said Countie of Salop at the said next Assises to be holden before them for the same Countie then and there to answere to the said endictment and to receiue therein according to lawe and iustice And your said poore Suppliant shall pray vnto God for the long preseruation of your good Lordship in health and much honour long to continue A Supplication to haue the Counsels letters to two Bayliffes of a Towne to take vpon them the hearing of a controuersie of an Account or else to appoint other two to do the same and that they two to appoint an vmpier to end the matter And if the said vmpier cannot end it then to certifie the Counsell of the state of the matter and their opinions thereof and in whom they conceiue the fault to be To the