by these presents in reliefe ease of the said F. M. that if the said F. M. his c. or any of them do well and truely pay or cause to be paied the said sum of 160. l according to the true meaning of this present award And if the said L. S. his heirs c. or some of them shall not well truely satisfie content pay vnto the said T. G. his c. the said seuerall sums aboue in this awarde appointed to be payed by the said F. M. before the seuerall daies herein aboue mentioned That then at all times after any such default of paiment so to be made by the said L. S. his c. the said T. G. his c. shall permit and suffer the said F. M. his executors and administrators euery of them at the costs charges of the said F. M. his exec and administ effectually to prosecute or cause to be prosecuted all and euery such execution and executions vpon the said iudgement so had for the said T. G. against the said L. S. as to them or any of them or the learned counsell of them or any of them shall seeme good And all and euery summe and sums of money thereby to be obtained to take and conuert to the only proper vse and behalfe of the said F. M. his exec administr without any accompt recompence or payment thereof or therefore to be yeelded or made to the said T. G. his c. or any of them any thing in this present award contained c. notwithstanding ✿ In witnes whereof the said Earle to both the partes of this present award hath set his hand and seale Dated c. All such couenants conditions as be vsually made for the assuraÌ„ce or enioying of lands or tenements goods and chattels may be inserted into awards as shall seeme good vnto the arbitrators or parties Of notice of the arbitrement AND when the arbitrators haue made their award according to Sect. 48. the submission albeit perchance they be not bound to giue notice thereof to the parties yet it seemeth very requisite that they should in due time before that eyther party be to performe any part thereof notifie the same vnto them least otherwise they might breake their boÌ„ds or couenants in that behalfe if any such be before they know the same Notwithstanding that the booke in 8. Edw. 4. 1. 9. be doubtfull in that point The finall cause and effects of Arbitrements ANd thus by that which hath bin discoursed it sufficiently appeareth Sect. 49. as we thinke that the scope and end of arbitrements and other iudgments is all one And chiefly the finall determination of strifâ— suit and controuersie 19. H. 6. 36. And so consequently their effects be almost equall But the lawes seeme more fauourable to arbitrements then other iudgments in so much as by arbitrators the strict course and tedious ceremonies of law suits which are most commonly wont to wearie suters and picke their purses are cut off and shorter decisions by them made with little or no cost at all Wee differ to shew how arbitrements may be pleaded in barre of other actions vntill we come to their fit place amongst our presidents of pleadings and so end this treatise An Award made by an Arbitrator touching copyhold land betweene an Alderman of London and an other TO all Christen people to whom this present writing of award indented Sect. 50. shall come H. T. of Lincolns Inne in the countie of Middlesex Esquier sendeth greeting in our Lord God euerlasting Whereas suite variance and debate heretofore hath beene and yet is had moued and depending as well in the Queenes Maiesties Court of Requests as in diuers other Courts betweene R. H. Citizen and Alderman of London of the one partie and R. E. of K. in the countie of M. Yeoman of the other partie of for and concerning the right title vse interest and possession of diuers lands tenements hereditameÌ„ts with the appurtenances lying and being in K. within the manor or Lordship of T. within the said Countie of M. and containing by estimation about 200. acres of land meadow pasture and wood commonly called or knowne by the name of Hebines land for the appeasing final end and determinaâ—ion of all which said suites variances and debates the parties aforesaid haue submitted compromitted themselues to stand to obay and performe the arbitrament ordinaunce dome and iudgemeÌ„t of me the said H. T. Arbitrator indifferently elected named and chosen by both the said parties indifferently to arbitrate order deeme awarde and Iudge as well of for and concerning the estate right title interest vse and possession of all and singuler the said premisses and euery parte and parcell thereof as also of for and vpon all maner of acâ—ions suites quarels debts debates trespasses and demaunds whatsoeuer heretofore had moued stirred or depending betweene the said parties from the beginning of the worlde vntill the twentie day of Nouember last past as by their seuerall writings obligatorie wherein eyther of the said parties stand bounden to the other of the same parties in the summe of two hundred pounds bearing date the said 20. daie of Nouember and made for the true performaunce of the said award more at large it doth and may appeare Wherupon the said H. T. hauing taken vpon him the charge and burden of the said Arbitramenâ— And hauing present before him both the said parties hauing also very aduisedly and deliberatly weighed and considered the titles claimes allegaâ—ions and proofes of either of the said parties to the said premisses And vpon sight and due consideration of all the euidences writings and proofes shewed and made before me the said H. T. by both the said parties do award arbitrate order deeme iudge of the premisses in maner and forme following That is to say First I the said Arbitrator do award deeme order Iudge that the said R. E. or his heires at al times within 3. yeares next ensuing the date of these presents vpon lawfull reasonable warning by the Steward Bailife or Reeue of the said manor of T. for the time being shall at the next Court so to be holden then next after such warning had surrender and giue vp into the hands of the said R. H. his heires or assignes in open Court according to the custome of the said Manor to the vse of the said R. H. and his heires for euer all singuler the aforesaid lands tenements and hereditaments hereafter in these presents mencioned expressed and declared That is to wit one mansion or dwelling house wherin the said R. E. now dwelleth with all edifices buildings c. And furthermore I the said H. T. do award ordaine deeme and Iudge by these presents that the said R. H. his heires or assignes at the said Court where and when the said surrender shal be so made shall assure and conuay vnto the said R. E. or to his
faithfully promised your said Orator to procure and deliuer vnto him sufficient acquitances of the said A. for all the said rents which the said R. had so as is aforesaid receiued of your said Orator by the appointment of the said A. And whereas further if it may please your good Lordship about the eightenth day of April in the xxvii yeare of the raigne of the Queenes Maiestie that now is the said R. M. being indebted to one W. S. of S. in the said Countie Smith in the summe of fiftie and three shillings and foure pence of English money did entreat your said Orator to be suertie for him to the said W. S. for the payment of the said summe of fiftie three shillings foure pence to the said W. S. at the feast of Saint Bart. the Apostle then next ensuing which your said Orator did accordingly in consideration thereof the said R. M. did then assume vpon himselfe and vnto your said Orator faithfully promise that if he the said R. M. did not well and truely pay vnto the said W. S. the said fiftie three shillings foure pence at the said feast of Saint Bart. That then he the said R. M. woulde sufficienâ—ly conuey and assure to your said Orator the said yearely rent of thirtie shillings to him as aforesaid granted by the said A. together with the said deed thereof afterwards the said R. M. did neither pay to the said W. S. the said summe of fiftie three shillings foure pence nor any part thereof at the said feast of Saint Barth nor at any time since nor did conuey the said yearely rent of thirtie shillings or deede thereof to your said Orator according to his said promise But altogether contrarie to his owne promise hath procured the said A. to sue your Orator before the Queenes Maiestie and her honorable Counsaile established in the North parts for xxv l x. sÌ„ as arrerages of the said yearely rent of three pounds supposing the same to be behinde and vnpaid by the space of eight yeares and a halfe now last past notwithstanding that you said Orator hath well and truely paid the same to the said R. M. aforesaid And the said R. M. although he hath beene often times gently required by your said Orator aswell to procure him the said acquittance of the said A. for the said rent of three pounds as to make assurance of the said yearely rent of xxx shillings to him by the said A. granted yet that to doe he hath euer hither to denied and refused and yet doth deny to doe the same against all right equitie and good conscience and to the great hinderance and losse of your saide Orator In tender consideration whereof and for so much as the said agreements promises and paiments of the said rents were priuately made betweene your said Orator and the said R. M. without any witnesses thereof for that your said Orator reposed so great trust in the said R. M. being his naturall brother that he called no man to beare witnesse thereof so that he can haue none ordinarie meanes by the due course of the common lawes of this Realm but is altogether remedilesse to obtaine or recouer any recompence or damages thereof vnlesse the same R. M. will confesse the same to be true in his answere hereunto as your saide Orator verely thinketh that he will It may therefore c. A Bill for that the defendant for whom the plaintife was suretie to pay certaine money did neither pay the said money nor saue the plaintife harmlesse HVmbly complaining sheweth vnto your honorable L. your daily Sect ' 104. Orator H. H. of E. in the Countie of D. yeoman That whereas about the viii day of October in the xxii yeare of the Raigne of our Soueraigne Ladie the Queenes most excellent Maiestie that now is your said Orator at the earnest request of one H. C. of C. in the said Countie yeoman and R. C. his sonne for and with the said H. did enter and become bounden vnto H. S. of E. aforesaid yeoman in one Obligation or bond of xl l of lawfull English money thereupon indorced with Condition that if the said H. H. and H. C. or either of them their executors administrators or assignes or any of them did well and truely pay or cause to be paide vnto the said H. S. his executors or assignes the summe of twentie pounds of lawfull English money vpon the ninth day of October which then should be in the yeare of our Lord God 1581. at the now dwelling house of the saide H. S. in E. aforesaid that then the said Obligation should be voide and of none effect And the said H. C. and R. C. in consideration thereof did then and there assume vpon themselues and vnto your said Orator faithfully promise that the said H. C. the summe of twentie pound vnto the said H. S. vpon the said ninth day of October in the yeare of our Lord God 1581. would well and truely pay or cause to e paid according to the said condition of the said obligation And that the said H. C. and R. C. would from time to time and at all times hereafter saue keep harmelesse and indempnified your said Orator against the said H. S. of for and concerning the said bond of fortie pounds and of for and concerning all actions suites and troubles to be had or commenced against your said Orator for or by reason of the saide bond of fortie pounds And also that they the said H. C. and R. C. would forthwith haue beene bound vnto your said orator by their sufficient obligation in the summe of foure score pounds for the so sauing harmelesse of your said Orator against the said H. S. as is aforesaid But now so it is if it may please your honorable Lordship that the said H. C. intending your said Orator in this behalfe craftily and subtilly to defraud and deceiue hath neyther paide vnto the said H. S. the said twentie pound the said ninth day of October in the said yeare of our Lord God 1581. according to the effect and meaning of the said condition nor at any time sithence nor the said H. C. and R. C. haue become bounden vnto your said Orator in the said Obligation of fourescore pounds to saue your said Orator harmlesse against the said H. S. as is aforesaid albeit that your saide Orator hath sundrie times gently required them and either of them so to doe the same to doe haue euer hitherto refused and yet doe refuse and denie to doe the same against all right equitie and good conscience contrarie to their faithfull promise and assuumption aforesaid so that your said Orator is likelye verie shortly to be enforced to pay vnto the said H. S. the said twentie pounds which would be to the great damages and hinderance of your said Orator if speedie remedie be not in this behalfe by your good Lordship in due time prouided to preuent the same wherefore and forasmuch
quietly inioy to him and his heires for euer the said parcel or quantitie of ground containing by estimation two acres lying and being on the North side of the riuer of D. directly ouer against the said Mill and demesne lands of the said T. R. in T. aforesaid as it is now bounded and meared foorth with stones by the said Arbitrators And shall also haue and may take to his and their owne proper vse all the trees now standing or beyng or that hereafter shall growe in and vpon the saide grounde and all other profites and commodities comming off and vpon the saide ground onely the thornes briars and herbage excepted and foreprised with free libertie entrie and passage for the felling hewing leading carrying away and taking of the same trees and all other the said profits and commodities except before excepted at all and euery time and times hereafter at his and their pleasure And that the said T. R. his heires and assignes and all and euery other person and persons that shall come and bring any corne to the Mill of the said T. R. called T. Mill from the said townes villages hamlets or any other place inhabited shall haue free libertie waies and passage for the carrying fetching and bringing of their corne to the said Mill aswell ouer and through the said parcell of ground set foorth and meared as is aforesaid as also through and ouer other the grounds of the said L. M. in K. aforesaid in as ample and large manner and forme as the inhabitants of the said townes villages and hamlets or other places haue beene accustomed and vsed to do at any time heretofore and as it is now most commonly vsed ✿ And shall and may tie and fasten any their horses mares or other beasts wherewith they carrie any corne to the said Mill to any tree growing or other thing beyng in and vpon the said ground so that the string corde or rope exceed not the length of foure whole yards at the most ✿ And that the said T. R. his heires and assignes shall and may lawfully at all and euery time and times so oft as need shall require amend and repaire all and singuler the waies and euery part thereof for the ease sauegard and passage of the inhabitants of the said townes villages hamlets and places inhabited coÌ„ming and going to and from the said Mill without any let trouble vexation or contradiction of the said L. M. his heires or assignes or any of them And that the said L. M. his heires and assignes shall at all times within â—he space of two yeares next ensuing the date hereof doe make knowledge and suffer or cause to be made knowledged and suffered all and euery act and actes thing and things as shal be reasonably deuised or aduised by the said T. R. his heirs or assignes or his or their learned counsell at the onely proper costes and charges in all things of the said T. R. his heires or assignes for the further and better assurance and sure making aswell of the said parcell or quantity of ground containing about two acres as also of the said waies in maner forme before expressed vnto the said T. R. his heires and assignes for euer according to the true effect meaning and purport of these presents In consideration whereof it is further ordained awarded deemed and iudged by the said Arbitrators ✿ And the said T. R. doth so couenant c. that he the said L. M. his heirs and assignes shall and may haue take and enioy onely the grasse herbage with the thornes and briers yearly growing or being in or vpon the said parcell or quantity of ground so bounded or set foorth as is aforesaid And in further consideration of the premisses the said T. R. hath paied to the said L. M. at the insealing hereof at the request of the said Arbitrators the summe of xx pounds c. ✿ In witnesse whereof not onely the said parties to these present Indentures of award interchangeable haue put their seales and subscribed their names But also the said Arbitrators to both the parts of these Indentures haue put their seales and subscribed their names the day and the yeare c. An other Arbitrement of debte where the parties are bound to performe it TO all true Christian people to whome this present writing of award Sect. 46. indented shall come G. W. G. N. S. S. and T. N. of c. send greeting in our Lord God euerlasting Whereas diuers suites c. betweene T. W. and I. S. of c. For pacifying ordering and ending whereof the said T. W. and I. S. haue bound themselues either to other in the summe of a M. l of lawfull English money by their seuerall obligations bearing date c. with conditions there vnder written to stand to c. vt supra of the said G. J. S. and T. Arbitrators indifferently elected and chosen aswell vpon the part and behalfe of the said I. S. as of the said T. W. to award arbitrate order rule iudge end determine al and al maner of suites debts actions controuersies debates and demaundes whatsoeuer depending betweene the said I. S. and the said T. W. and W. W. his sonne and heire So that the said award were made and giuen vp in writing vnder the hands and seales of all the said Arbitrators at or before the c. at c. as by the saide obligations and conditions amongst other thinges doeth and may appeare ✿ Know you now that the said G. I. S. T. taking vpon them the charge and burden of the said award hauing deliberately heard the griefes allegations proofes of both the said parties do by these presents arbitrate award order deeme iudge of and concerâ—ing the premisses in maner forme following that is to say ✿ First they do award order deeme iudge by these presents that the said I. S. his executors or administrators or some of theÌ„ shal wel and truly pay or cause to be paid vnto the said T. W. or his certain Atturney exec or administr or some of them at or before the c. at or in the c. 200. li. of c. and at or before the c. other 200. li. of c. in full satisfaction of 400. li. For paiment whereof the said I. S. stood bound to the said T. W. in and by fower seuerall Obligations whereof two are already forfaited as thereby may appeare ✿ Also the said Arbitrators do award order c. that the said I. S. his exec administr or some of them at their or some of their costs and charges shall before the c. cause procure that all suits bils plaints and informations heretofore commenced against the said T. W. in any court or courts whatsoeuer either by or in the name of the said I. S. or by or in the name of H. S. his sonne or by or in the name of our Soueraigne Lady the Q. Maiestie
that now is and of euery or any of them or by or in the name of any other person or persons by the consents meanes procurements of them or any of them shall thenceforth surcease and be no further proceeded in by them nor any of them or by the means consent or procuremēt of them or any of them And before the c. be vtterly discontinued and made void ✿ And the said Arbitrators do further award order deeme and iudge by these presents that for the sure payment of the said summe of 400. pounds the said I. S. and G. S. within two daies next after tender or deliuery of the one part of this present award to the said I. S. shall well and sufficiently make seale and deliuer as their deeds to the said T. W. in c. one Obligation or writing obligatorie sufficient in the lawe wherein and wherby the said I. S. and G. S. shal acknowledge themselues and either of them to be ioyntly and seuerally bounden to the said T. W. in the summe of 800. pounds of c. with condition thereupon in due forme of law indorced for the sure paiment of the said summe of 200. li. parcell of 400. li. at or in the c. before c. And the other 200. li. residue of the said summe of 400. li. at or before the c. and at c. ✿ Also the said Arbitrators do further award c. that the said I. S. his executors or administrators or some of them shall and will before the c. at his and their owne proper costes and charges cause and procure to be cancelled and made void one recognisance of 200. li. bearing date the c. knowledged and inrolled in the Q. maiesties high court of Chancerie wherein and whereby the said T. W. standeth bounden to the said I. S. in the said summe with condition thereunto annexed That if the said T. W. his heires executors and administrators euery of them should well truely obserue performe fulfil keepe all euery the couenants grants articles agreements which on his and their parts were to be obserued performed fulfilled kept cōtained and specified in one Indenture bearing date the c. had and made betweene the said T. W. on the one partie and the said I. S. on the other partie concerning the marriage of W. W sonne heire apparant of the said T. W. and A. S. daughter of the said I. S. according to the true intent purport effect of the said Indenture That then the said Recognizance to be void and of no effect or else to stand c. as by the said Recognizance Indenture more plainly and at large appeareth ✿ And also that the said I. S. his executors or administrators or some of them shall and will before the feast of c. deliuer or cause to be deliuered vnto the said T. W. his executors or administrators or some of them in the said now dwelling house of the said T. W. aforesaid the said Indenture of couenants concerning the foresaid marriage cancelled or to be cancelled In witnesse whereof the said Arbitrators to both partes of this present award indented haue set their hands and seales Dated c. An Arbitrement or award of debt made by an Earle vpon submission by bond TO all true Christian people to whom this present writing of award Sect. 47. indented shal come The right Ho. G. Earle Marshal of England c. sendeth greeting c. Whereas diuerse suits variances cōtrouersies debates heretofore haue bin had moued depending between T. G. of T. in the coūtie of Y. yeomā on the one partie F. M. of D. in y◠said coūtie gentlemā on the other partie For pacifying ordering ending wherof the said T. G. F. M. haue bound themselues either to other in the sum̄ of 400. l of c. by their seueral oblig bearing date c. now last past with cōdition there vnder writtē to stād to abide performe fulfil keepe the award order rule doome iudgemēt determination of the said Earle indifferently elected chosen by the mutual cōsent at the earnest hūble request petition of both the said parties to arbitrate award order iudge determine of for cōcerning al al maner of actions suites quarrels debts duties demaunds whatsoeuer had moued or depēding or which hereafter might be had moued or depend between the said parties by reason of any matter thing or things whatsoeuer accrued or growē frō the beginning of the world vntill the day of the date of the same oblig So that the same award were made in writing indented vnder the hand seale of the said Earle before the xix day of c. th one part of the same writing indented deliuered or caused to be deliuered by the said Earle to the said T. G. his executors c. or any of them or to their or any of their vse vpon or before the said xix day of c. at or in the now māsion or Manor house of the said Earle called S. in c. the other part thereof to the said F. M. c. vt sup̄ as by the said oblig conditions thereof doth may more at large appeare ✿ Know you now that the said Earle of his meere good will fauour which he beareth to both the said parties of y◠great honorable respect which he hath of their future quietnes taking vpon him the charge burden of the said award hauing deliberatly at sundry times at large heard considered the griefs allegations proofes of both the said parties doth by these presents arbitrate award order deeme iudge of concerning the premisses in maner forme following viz. ✿ That the said F. M his c. or some of them shall well truely pay or cause to be paid vnto the said T. G. his c. or some of them the sum of 160. l of c. in the c. in maner forme following viz. vpon c. 80. l therof and vpon c. other 80. l therof residue in full paiment satisfaction of the said sum of 160. l ✿ And that in consideration thereof the said T. G. shall permit suffer all suits actions quarrels debts duties and demands growen before the date of the said oblig to cease be discontinued and no further prosecuted by him or any other by his procurement ✿ And furthermore for as much as the said F. M. is charged as is aforesaid for the paimēt of the said sum of 160. l partly by reason of a iudgment heretofore giuē for the said T. G. against one L. S. in the Q. Maiesties court cōmonly called the K. bench in an actiō of debt in which the said T. G. hath recouered against the said L. S. 285. l and 4. d. as by the record thereof remaining in the said court appeareth His honor doth further award
from your Orator seueral summes of money and diuers parcels of his goods and household stuffe aswell in the night season as in the day time to a very great value the certainty whereof your Orator knoweth not but is induced by good reason to beleeue that it doth amount vnto the sum̄ of one hundred pound at the least and deliuered or caused the same to be deliuered vnto the custodie and possession of the said C. C. and M. his wife or A. their daughter or of some other person or persons by their or some of their meanes or consents whereof your Orator by some good meanes hauing had intelligence hath sundry times vsed speech and communication with the said C. M. and A. P. touching the same and in most gentle and friendly manner required to haue the saide money and goods so essoined and imbeasiled as aforesaid to be to him restored or else to haue some recompence for the same but they haue vtterly refused to doe eyther the one or the other and doe still refuse to doe the same and do conuert and dispose the said money and goods to their own vses whereby your Orator shal be vtterly thereof defeated to his great hinderance and impouerishment contrarie to all equitie good conscience vnlesse by your Lordships fauor he may be relieued in this most honorable Court Forasmuch therefore as your Orator knoweth not the names or number of the said confederates nor the seueral certaine times wherein the said money and goods were conueyed away from him as aforesaid nor the quantitie nature or valew of them whereby to make any lawfull demaun◠or to vse any action by the strict course of the common lawes of this Realme against them the said C. M. and A. P. or any other their confederates for these great iniuries wrongs as aforesaid but that the trueth and certainty of all these matters doe rest in the priuate and proper notice of the said C. C. and M. his wife and A. their daughter or of some one of them who no doubt vppon their corporall Oathes will disclose and set downe the trueth and certaintie of all these matters May it therefore please your honorable Lordship to grant vnto your Orator the Queenes Maiesties gratious writ of Subpena to be directed c. The Answere to the same HHe said defendants say that the said bill of complaint against Sec ' 94. them exhibited into this honorable Court is very incertaine vntrue and insufficient in the law to be answered vnto by the said defendants or any of them for diuers and sundrie apparant faultes and imperfections therein contained and deuised and exhibited into this honorable Court partly of malice and euill will without iust cause conceiued against the said C. C. one of these defendants to the intent thereby to vexe and molest him and his said wife and daughter with vniust trauell and expences but chiefly to the intent and purpose to wearie impouerish and terrifie him this defendant with such suites so that he shal neither be able nor willing to prosecute the law against him the said complainant for diuers great summes of money which he oweth vnto him the said C. C. this defendant and vniustly detaineth from him and not for anie good or iust cause of suite Neuerthelesse if by the order of this honorable Court these defendants shall be inforced to make any further or other answere to the said incertaine vntrue and insufficient Bill of complaint then and not otherwise all aduantage of exception to the manifest incertaintie and insufficiencie of the said Bill of complaint to these defendants and euerie of them at all and euery time and times hereafter saued For further answere thereunto and for a full and plaine declaration of the truth of the premisses These defendants say and euery one of them saith thst neither they nor any of thens by continuall sinister practise instigation and perswasion did not at any time allure prouoke intice A. I. deceased then wife of the said cōplainant to grow to some discord with the said complainant to essoine and conuey into their or any of their keeping all or any of the said money and goods in the said bill of complaint mentioned promising that the same should be readie and vsed for her vse behoofe to the ende that they these def or any of thē might the better bring to passe indirectly to gaine or get into their custody possession all or the most part of the said money goods and by that meanes to defeat and defraud the said complainants thereof as in the said bill of complaint is very slaunderously most vntruly alleaged And these defendants further say euery of them saith that the said late wife of the said complainant did neuer with violence breake open some part of the said complainants said house at S. in the said bill mentioned nor his said chists there being locked nor did essoine imbeasill or conuey away from the said complainant seuerall or any summe or summes of money diuers or any parcell of his goods or household stuffe either in the night season or in the day time by the practise of these def or of any of thē or of any other person or persons by their or any of their means as in the said bil of complaint is likewise very malitiously and vntruly surmised without that that the said wife of the said complainant euer deliuered or cause to be deliuered the said money and goods in the said bill of complaint mentioned or anie part thereof vnto the custodie and possession of these defendants or of some of them or of any other person or persons by their or some of their meanes or consents as in the said bill of complaint is also vntruely alleaged And without that that euer there was anie cause why the said complainant did or should vse any such speach and communication with these defendants or anie of them touching the premisses or require to haue the said money and goods supposed to be essoined or imbezeled to be to him restored or to haue some recompence for the same or that these defendants or anie of them doe conuert and dispose the said money and goods or any part thereof to their or any of their owne vses whereby the said complainant shall be vtterly thereof defeated to his great hinderance and impouerishment contrarie to all right equitie and good conscience as in the sasd bill of complaint is likewise vntruely suggested And without that that any other matter thing or things clause sentence article or allegation in the said bill of complaint contained materiall or effectuall in the lawe to be answered vnto by these defendants or anie of them and not here in this their answers sufficiently answered vnto confessed and auoided denied or trauersed is true All which matters c. The Replication to the Answere next before THe said complainant for and by way of replication saith that his Sect
' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâ—ers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌ„plaint is very truly alleaged And also with that that the said complainaÌ„ts wife did with violeÌ„ce break open some part of the said coÌ„plainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌ„plainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌ„plaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌ„plainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of
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
proceedings therein To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England HVmblie complayning sheweth vnto your good Lordship your Sect ' 154. dayly Orators T. B. of C. in the Countie of D. Clothier W. M. of L. Grocer M. G. Merchant Subiects borne of this Realme of England as well for themselues as for others subiects borne of the said Realme and Denizens Creditors of C. A. of L. Merchantaylor also a subiect borne of the saide Realme That whereas the said C. A. vsing and exercising the trade of Merchandize and seeking his trade of liuing by buying and selling vpon good and iust cause for wares and merchandize to him sold and deliuered and also for ready money to him lent being indebted to your said Orators in seuerall summes of money amounting to the value of 300. pound And now of late that is to say in this present moneth of Nouember in this xv yeare of the raigne of our soueraigne Lady the Queenes Maiestie about the second day of the saide moneth of Nouember did begin to keepe his house scituate in the said Citie of London and sithence hath departed from his said dwelling house and absented himselfe to thintent to defraude and hinder your saide Orators and other his Creditors of their iust debts and dueties to them due owing and so is become a Bankrupt By reason whereof and for that the said Bankrupt and others his confederates haue deuised and contriued diuers secret estates and sinister practises for the conueying and eâ—â—oyning of the bodie of the saide Bankrupt and of all lands goods debts and other things belonging to the said Bankrupt in such wise as your Orators are without helpe for recouering or obtayning of their saide iust debts and dueties but onely by complaint to your Lordship and thereupon to haue remedie according to the Statute touching orders for Bankrupts in the Parliament begun and holden at Westminster the second day of Aprill in the xiii yeare of the Raigne of our said soueraigne Lady the Queenes Maiestie made and prouided In consideration thereof may it please your good Lordship to graunt the Queenes Maiesties most gratious Commission to be directed to such and so many wise and honest discreet persons as to your Lordship shall seeme good Aucthorizing them not onely concerning the said Bankrupts body lands freehold and customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarie to the intent and true meaning of the saide Statute to do and execute all and euery thing and things whatsoeuer as well towards and for satisfaction and payment of your said Orators as towards and for all other intents and purposes according to the ordinance and prouision of the said Statute And your said Orators shall dayly pray c. The Commission vpon the Statute of 13. Eliz. Cap. 7. made against Bankerupts and graunted to the Creditors vpon the Bill next before ELizabeth by the grace of God Queene of England Fraunce and Sect ' 155. Ireland defendor of the faith c. To our trustie and welbeloued Sir Rowland Heyward Knight Iohn Langley Alderman of our Citie of London Tho. Hatton Tho. Aldersey Thomas Egerton Mercers and William Wignall Merchant Taylor of our saide Citie of London greeting Whereas we be enformed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargayning and seeking his trade of liuing by buying selling and being a Subiect borne of this our Realme of England in this present moneth of Nouember in the xv yeare of our Raigne viz. about the second day of the same moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed from his saide dwelling house and absented himselfe to the intent to defraude and hinder T. B. of C. in the Countie of Deuonshire Clothier W. M. of London Grocer Mi. G. Merchant and others his Creditors being also Subiects borne of this our sayde Realme of their iust debts and dueties to them due and owing and so is become a Bankerupt We minding the due execution of the Statute touching orders for Bankerupts in our Parliament holden at Westminster in the xiii yeare of our Raigne made and prouided vpon trust of your wisedomes diligence and prudent circumspections which we haue conceaued in you doe by these presents name assigne appoint constitute and ordayne you our speciall Commissioners geuing full power and aucthoritiye vnto you fiue or foure of you whereof they the sayde Sir Row H. I. L. or T. H. to be one according to the sayde Statute not onely concerning the sayde Bankerupt hys bodie lands freehold and Customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarye to the intent and true meaning of the saide Statute to do and execute according to the saide Statute all and euerie thing and things whatsoeuer aswell for and towards satisfaction and payment of the saide Creditors as towards and for all other intents and purposes according to the ordinance and prouision of the saide Statute Willing and commaunding you fiue or foure of you whereof Sir Row H. I. L. or T. H. to be one to proceede to the execution and accomplishment of this our Commissioin according to the true intent and meaning of the saide Statute with all diligence and effect as our speciall trust is in you Witnesse our selues at Westminster the fifth day of Nouember in the xv yeare of our Raigne A precept from the sayde Commissioners to the Officers to make proclamation according to the saide Statute against Bankrupts that the said Bankrupt before a day certaine come in and yeeld his bodie to the Commissioners or to one of them To the Bayliffes and head Officers of the Burrough of Southwarke WEe the Commissioners hereafter named by vertue of the Sect. 156. Queenes hignesse Commission to vs directed require charge you fiue sundrie market dayes next ensuing the receipt hereof to make fiue sundry Proclamations in manner and forme hereunder specified The Proclamation THe Queenes highnesse doth strictly charge and commaund C. â— Sect. 157. Merchantaylor of the Citie of London that he at or before the day of next comming in the Guildhall of London or where you shall appoint yeeld his bodie before Sir Row Heyward Knight or before some one of the said Commissioners appointed by her highnesse vnder her great seale of England til the due execution of the Statute touching orders for Banckrupts lately made and prouided vpon paine and perrill of the penaltie of the lawe in that case limited and appointed An Indenture vpon the saide Commission and Statute of Bankcrupts betwixt the Commissioners of the one partie and the Creditors of the other partie whereby the Commissioners after view