Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	administrator_n	executor_n	pay_v	4,936	5	9.0812	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14970	The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is annexed another treatise of equitie, the iurisdiction, and proceedings of the high Court of Chauncerye: of supplications, bils, and aunsweres, and of certaine writs and commissions issuing thence, and there also retornable: likewise much augmented with diuers presidents, very necessary for the same purpose, beginning at the 144. section, and continuing to the end of bils and aunsweres. Hereunto is also added a table for the more easy and readie finding of the matters herein contayned: the new additions hauing therein this marke * set before them; Symbolaeographia. Part 2	West, William, fl. 1568-1594.	1601 (1601)	STC 25278; ESTC S119713	604,936	622

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 cōming 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 ●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 concer●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 thē 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

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 assurāce 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 bōds 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 strif● 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 hereditamēts 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 determina●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 iudgemēt 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 ac●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 Arbitramen● And hauing present before him both the said parties hauing also very aduisedly and deliberatly weighed and considered the titles claimes allega●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 sufficien●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. s̄ 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

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

the said Audita querela was true viz. that the said compl was then and at the knowledging of the saide statute vnder the age of 21. yeares which witnesses were examined and deposed accordingly in the behalfe of the said compl before the said defend had any knowledge or vnderstanding of the said compl proceeding therein and before any writ or Scirifacias was awarded and taken forth to warne the said defendant of the said suit as by the saide depositions and proceedings therein remayning of Record in the said court of Common pleas whereunto the said defendant for certaintie of the time doth referre himselfe more certainely doth appeare which said suit of Audita querela for the auoyding of the said statute the said complaynant by his solicitors seruants did most earnestly follow vpon a bare pretence that the said compl wanted some fewe moneths of the age of 21. yeares for maintenance of which said statute the said defend was called in by proces did pleade thereunto after which plea pleaded and after the said defend had bin drawne into great charges expences for the defence of the said statute cause the said compl and his Councell sollicitors Attorney or some of them seeing no likelyhood to preuaile in that course did become nonsuit without any regard had of the penaltie thereof did faile and neglect to pay to the said defendant his said principall debt of fiue hundred pound at the dayes times wherein the same was limited appointed to be paid by a writing of defeazance made between the said compl defend touching the penaltie of the said statute the same daies of paiment or some of them being now expired 18. moneths past and more and yet the whole debt still vnpaid vnto the said defendant for payment whereof the said defendant hath and doth keepe the said statute and the first two bonds wherein the saide complaynant with his men are bound as his sureties as aforesaid for payment of part of the said principall debt being this defendants own proper goods as both by lawe and conscience the said defendant thinketh he may lawfullie do And yet neuerthelesse the said defendant further saith that if y● said cōplaynant will forthwith pay vnto him the saide defendant the said summe of 500. pound being his principall and iust debt together with the charges he hath bin put vnto and consideration after the vsuall rate of ten pound for the hundreth like as the defendant himselfe doth pay to others for the long time the said defendant hath forborne his said debt he the saide defendant will forgoe the penaltie of the saide statute and will deliuer the same statute and the said bonds to the said complaynant without that that the said defendant did sell vnto the said complaynant any peece or peeces of Veluet or Silke at the seuerall times in the bill mencioned or any other time or any other thing at any excessiue or vnreasonable price the dayes of payment considered Or that the said complaynant did ouer and besides the 〈◊〉 price of any such thing allow and pay to the saide defendant any further consideration or vsurie for the forbearing thereof till the time of payment otherwise then is before truly layd downe in this aunswere Or that the saide complaynant and the saide R. S. or any other did enter into any more bounds for any the summes in the said bill mencioned to the saide defendant then such as before are confessed to the knowledge of this defendant And without that the said complaynant did at the intreatie of the said defendant during his the said complaynants minoritie enter into the said statute in the bill mentioned to the knowledge of this defendant but vpon the importunate request and intreatie of the saide plaintife to supplie his wants as aforesaid the said defendant was content to accept of his said statute not being able to giue better assurance as the saide defendant required Or that the said defendant did then or at any other time promise to the saide complaynant or his said sureties in the bill mencioned any the bonds by them or any of them entred into to y● said defendāt for or touching the saide debt as he now remembreth or any part thereof other then the said obligacions which the said defendant did redeliuer to the plaintife to be cancelled as aforesaid or did promise to cancell or make void the same in manner and forme as in the said bill of complaint is surmised to the remembrance of this defendant And without that that the said complaynant or any other for him did require the redeliuery of the said bonds as this defendant remembreth or that there is any cause or reason why the said complaynant should make any such request or the said defendant to make any such promise vntill his said debt be paid And without that that the said compl hath or doth seeke to make any reasonable composition with the said defend for or touching the said debt or any part thereof but rather hath endeuoured to defeate the said defend of his said debt And therefore he the said defend hopeth that the said compl shall not haue or receiue any fauour in this honorable Court against the said defend seeing that the said defend desireth nothing els but his principall with reasonable recōpence for the great wrong iniurie the said compl hath done both in putting him to great charges expences by the long withholding deteining of the said debt as aforesaid without that that the said defend hath hetherunto taken or recouered y● penalties of y● said statute or bonds or any of thē or that the said compl ' is or hath shewed himselfe at any time readie to satis●ye the said debt vnto the said defend or any part thereof in manner forme as in the saide bill of complaynt is alleaged And without that that any other matter or thing c. A Bill exhibited against a noble man against diuers tenants farmers and officers of diuers mannors contayning that the noble man for his debt due to the plaintif became boūd in a statute staple of 1200 li. and for that the debt was not paid at the day it was due the plaintife extended diuers manors lands which the noble man had and was seased of at the time he knowledged the said statute and had sould the same before the time of the extent to diuers persons and vpon a Liberate to the Sherife had the same mannors lāds deliuered vnto him to hold in extent till his debt were satisfied Afterwards vpon the noble mans suit to the Lord Chaunce llor and vpō the Lord Chauncellors request to the plaintife he was contented to forbeare the taking of the profits of the lands extended to referre the hearing ending of the matter touching his debt to two thereunto appointed by the Lord Chauncellor who heard and ended the matter the which end afterwards the noble man refused to performe whereupon the