the cause to be dismissed Iohn Fyfield plaintant Iohn Vinore and Alice defendants An. 2. Eliz. fol. 122. The plaintant at the day appointed for hearing appeared not therefore the defendant is dismissed with costs Richard Fincham plaintant William Backwood defendant An. 2. Eliz. f. 125. The defendant notwithstanding an Injunction delivered unto him got a Judgement upon an action of debt in the common Pleas and decreed upon the hearing of the cause that the defendant shall within 14. dayes next after the decree resort to the Record in the common Pleas whereupon the said judgement is entered and there to confesse of record a full satisfaction of the said Judgement Nota the action of debt in the common Pleas was for not delivering to the defendant a Statute which by the depositions of witnesses appeared to be delivered and by the Clarke of the Staples cerficate the record was discharged Nicholas Colverwell plaintant Ralph Bongey defendant Anno 2. Eliz. fol. 126. It is decreed the plaintant his heires and assignes and his or their Farmors of the said Farme or Tenement called Stubles shall from henceforth hold and enjoy as appendant to the same Farme or Tenement called Stubles all the same Fould course or common of pasture for the full number of 300 sheep within the said fields of Wentforth alias Wentford Basill Fielding and Alice plaintants Thomas Wren defendant Anno 2. Eliz. fol. 137. and 155. The plaintant exhibited his Bill thereby shewing that there is question and controversie between two defendants for the reversion of the Mannor of Aldwell which he holdeth for yeares by Lease made thereof to him by one Anthony Marmyon and that he doth not know to which of them the rent and reversion is due and therefore desireth that upon payment of his rent into this court according to the Covenants and articles of his lease he may be discharged saved harmelesse from molestation suite and trouble for the same rents by the defendants or either of them wherefore it is ordered an Injunction be awarded against the defendants not to molest the plaintant for his said rent during the said contention so as the plaintant pay his rent into this Court Iohn Alnete plaintant Christopher Bettam and Edmond Marmyon defendants Anno 2. Eliz. fol. 141. Upon hearing of the matter three witnesses examined by Commission did in open court depose that the commissioners have set downe their depositions otherwise then they did depose therefore it is ordered those depositions shall be void and the same witnesses shall be examined again Iohn Peacock plaintant Edward Collens defendant Anno 2. Eliz. fol. 146. For that the Court was credibly informed the plaintant was in peaceable possession at the time of the Bill exhibited and three yeares before an Injunction is awarded Iohn Sapcote plaintant William Newport defendant Anno 2. Eliz. fol. 173. The suite was concerning the custome of Tenant right for Lands in Dent in the County of Yorke and for that both parties confessed that Justice Dallison and Serjeant Rastall Justices of Assizes in that County had made an award in the cause between the parties therefore it was decreed that both parties should performe it and an Injunction is granted to either party against the other for that purpose and where an Injunction was the last Terme granted against the defendant for stay of execution upon a Judgement in the common Pleas it is ordered the said Injunction shall stand in force and the defendant shall obey the same and the defendant shall answer the plaintants Bill William Burtet and Alice plaintants William Redman defendant An. 2. Eliz. fol. 174. It is ordereâ— the Injunction formerly granted the defendant for stay of his action in the Kings Bench be dissolved and the defendant to be at liberty to take Judgement upon his action of bebt of 500 l. Provided if the plaintant doe bring into court on Munday next 223 l. then execution for the rest is to be suspended untill this Court take other order Thomas Stanebridge plaintant Thomas Hales defendant An. 2. Eliz. fol. 176. The plaintant exhibited his bill in this Court and before the defendant answered had a Commission to examine his witnesses upon pretence the witnesses were old and in danger to dye Sir Radnus Bagnold Miles plaintant Greene defendant An. 2. Eliz. fol. 178. The defendant first exhibited her Bill in this Court for land conveyed to her in joynture and evidences of the same land and after did molest the same plaintant by distresses after answer and replication put into this Court therefore an Injunction is granted Richard Kidnere plaintant Agnes Harrison defendant An. 2. Eliz. fol. 173. The plaintant setteth forth that his Father and he are joyntly seized for life of the Lordship of Barrington in the County Palatine of Durham and that the defendant sues his Father for those lands before the Chancellor of Durham and for that it was informed that the plaintant dwelleth in Ratcliffe in the County of Middlesex and that the plaintants Father is an old diseased man and not able to follow his suite therefore a Certiorare is granted directed to the Chancellor of Durham to certifie into this Court the whole matter depending before him William Hilton and Alice plaintants Râ—â—â—rt Lawson and William Lawson defendants Anno 2. Eliz. fol. 200 l. The plaintant being sonne and heire to his Father who dyed intestate entred into the house whereof his Father dyed seized in Fee and possessed himselfe of certain small parcels of goods to the value of 5 s. of his Fathers goods who dyed intestate and the defendant having an Obligation of 400 l. made by the Father unto him for performing the covenants of an Indenture sued the son as Executor to his Father who dyed intestate and upon the testimony of some witnesses that the plaintant had sold or given away the said small parcels of goods a verdict passed for the defendant for the whole 400 l. which appeared by Certificate of the Justices of Assizes and thereupon an Injunction was granted to stay Judgement and all other actions to be commenced by the defendant against the plaintant upon the same Obligation untill the matter be heard or otherwise determined by the Court Edward North plaintant George Keâ—ewich defendant Anno 2. Eliz. fol. 237. It is ordered if the defendant shew not cause on Friday next then the Injunction before granted for the defendant against the plaintant to stay his Execution in the Kings Bench shall be dissolved or else the money for which the plaintant lyeth in Execution at the defendants suite shall remaine in his hands in part of payment of such money as is due unto him by the defendant and afterwards upon Fryday because the Lord Keeper did not sit in Court to hear such cause aâ— was offered further day was given and afterwards the plaintant was left at liberty to call for Execution upon the Judgement because
except the Court Baron Fraud or covyn in goods Grand Lease forfeited by covin. Laesione fideâ— Canonica Iâ—â—uria Conuâ—ee To avoid future perjury Payment for the principall by the surety Deeds brought into the Court Waste hol pen in Chancery Tulier and Bastard Ioneâ—n suing â—heir livery Action of the case seeketh dammages subpoena rem â—psam Fines fraudulent Executors how upon trust No reliefe against a voluntary act Joint Tenants one taking the profits Defendant examined as a witnesse Generall customes reduced to certainty by agreement in a mannor Statute acknowledged in my name by a stranger Power to make leasses Coppyhold tayled surrender Abating a Bill Leases devised to his wife on confidence to come to his Son not relieved Possession bound by decree and the partie prohibited to sue at common law Grantee distrains one who prayeth reliefe ordered he sue the rest and the Grantee the one to contribute and the other to accept of equality Contents of â— Mannor as it was 60. years past Executrix huâ—band â—rdered to pay debts Plaintant mistaking his Title in his Bill Lâ—easses convâ—yed in trust to pay debts Heire of purchasor charged with payment of money behinde for the land Proceedings in a cause where there is no full proofe Coppy good by devise without mention of surrender Turning of water courses from Mills holpen Waste forbidden in Chancery where not punishable at Law Archbishops Certificate against Bloomer for not paying a maides portion Witnesses ad informand conscientiam Five pound costs given in a demurrer and the Councellor prohibited to deale any more in Chancery Fines of Coppyholds how ordered in Chanry Lease paroll Promises Witnesses Proceeding on the Staâ—tute for charitable uses Lands intended to be given to a Schoole after otherwise disposed by will Cuttings case No help in Chancery touching power to make Leases Decree against infants Amending of Answers Misdemeanor in Commissioners how to be reformed Deeds how to be proved Leases of Corporations wheâ—ein their names are mistaken by themselves Leassee to be holpen in Chancery against Pattentees Chancellor calling the Judges into the Exchequer Chamber upon remainders of a Lease Costs against the defendant and Clerk thaâ— made processe before a Bill in Court Publication of witnesses in perpetuam rei memoriam a yeare past Consil. Consil. The manner of entring decrees in times past Dismissions and the manner of entriâ—g them Oath made for serving a Subpoena before witnesses examined in perpetuall memory Consilio Commission to examine in perpeâ—uall memory Consilia Costs for a witnesse served to testifie before the Major of London Publication of witnesses to be used at a Court Baron Injunction to stay proceedings in Judgement or execution Femâ—sole takes out a Subpoena and then marryeth and serveth it she and her husband pay costs Commission to take the defendants answer upon a languidus returned Injunction to put the defendant in such possession as he had at the time of the Bill exhibited Jurisdiction of Wales rejected Consil. Injunction to stay suite of execution of land which he agreed not to doe Injunction with a clause si ita sit A gardian admitted to the defendant infant A Commission to put the plaintant in possession Injunction being dissolved or disobeyed The defendant enjoyned in open Court not to proceed in his action Attachment against the defeâ—dant and a subpoena against one supposed to beat the server The plaintant was in execution at the suite of the King and being no just cause therefore he was delivered by supersedeas The Husband and wife defendants he onely appears and demurs Attachment against both A demurrer put in and the defendant appeared not in person a Subpoena to make direct auswer Attorney at Law enjoyned not to proceed or call for Judgement An Injunction granted for not appearing and to stay proceedings at the common Law A Commission to examine witnesses upon oath of impotency A defendant appearing gratis an Attachment being out was committed The defendant served with a Subpoena the day of the returne An Injunction to discharge an execution for that the defendant being served did not appear A witnesse served to testifie pressed for a Souldier Attachment is stayed Injunction si ita sit to stay Judgement and Execution Injunction to stay proceedings before action brought A Commission to the examinor of the Court to examine wâ—tnesses A Subpoena to appeare before the Major and Aldermen of London for an Orphans Portion An Order for bringing Evidences into Court Decrees and dismissions entred at large A Writ of priviledge granted to a suter The Sheriffe amersed 5 l. for returne non est inventus upon an Attachment having bin in presence of the party The Attorney ordered to stay proceedings the defendant proceedeth Injunction to bring in the money levyed and to answer the contempt Injunction for the defendants possession Injunction to stay all proceeâ—ings at common Law The defen. examined upon Interrogatories and if the matter appeare not for the plaintant then he to pay costs and the cause dismissed Defendant dismissed with costs the plaintant not appearing at the hearing Decreed that the defendant shall acknowledge satisfaction of a Judgement A decâ—ce for a fould-couâ—se or common of pasture Two defendants contend for a Tenement the Tenant paying his Reâ—t into the Chaâ—cery iâ— discharged Setting down depoâ—itions in a wrong â—enâ—e suppressed and the witnesses examined againe Iâ—junction for the plaintants possession as at the time of the Bill and three yeaâ—es before An Award made by Justices of Assize ordered to be performed Injunction to stay suits Iâ— the plaintant bring 223 l â—â—to court execution to stâ—y for the rest Witnesses examined by commission before answer in regard they were old The plaintant after Bill answer and replication distraineth for which an Injunction is granted Certiorare to remove the suite from the Chancery of Durham into this Court Injunction to stay judgement upon certificate of the Justices of Assizes Injunction dissolved if cause be not shewed Injunction to stay the defendants suit at Law because he began in Chancery The plaintant being in execution upon a Statute was delivered upon Recognizance The plaintant had execution for 300 l. and ordered to take execution for 100 l. onely A de vilaica removenda for part of a personage and an Injunction for the house Injunction for the corn sowed upon a lease paroll Decree for 3 s. 4 d. rent service and suite of Court The plaintant marrieâ— before answer and no advantage taken therefore no Bill of revivor Advowson passeth not by livery within view of the Church without deed there being incumbent A ducens tecum to bring in deeds but ordered to be delivered to the usher of the Court not to the plaintant The defendant took a Commission and returned a demurrer ordered to answer Attachment for not performing a decree The defendants executors to their Father being Gardian in Socage to the plaintant are ordered to answer for profits taken by him Subpoena delivered to the
Subpoena 93 Defend wife examined as a witnesse 94 Deeds neglected to be inrolled Sub. to shew cause why not 97 Decree for the plaintant and yet put out of possession by the defendant 104 Defend departing without license an attach. against him 104 Def. discharged of the Attach the Sub. being counterfeit 104 Defendant licensed to depart after answer in a Writ of the priviledge 106 Defend committed for a rescue brought his action for a false returne 92.106 Demurrer without shewing any cause ordered to answer 107 Debt for 5 l dismissed 108 Dismission for that they have bin in possession 100. years 110 Day given to defend to rejoyne 111 Def. not to answer till a counsellors hand be to the Bill 112 Dismissed the lands being under 40 s. per annum 112 Demurrer generally ordered to answer 113 Defend charged upon account shall not answer upon promise shall 113 114. E. EXtents Law no reliefe in Chancery 5 Equitas sequitur legem 11 Executor not to release without his copartners 15 Executor not to answer without his copartners 15 Executors how upon trust 21 Executors husband ordered to pay debts 24 Entring decrees and dismissions 34 F. FInes recoveries c. the Lord Chancellor will not question 4 Feoffees to use 10 Feoffee dying no remedy against his heire 10 Feoffee shall doe acts for the feoffors good 10 Fraud in goods 18 Feoffee to retain the Land to his own use 11 Fraud upon fraud 13 Feoffee punishable for makeing estate 13 Forced to sue an obligation 15 Fines fraudulent 20 Fines of Copyholds 27 Fraud by making a Lease after a feoffment and before livery and seizin 82 Feme sole sueth out a Subpoena and the same day is married dismissed with costs 98 Feme covert whose husband is in the Gallies must answer matter of equity 100 101 Feb. 20. Dyed Sir Nicholas Bacon 12. April Sir Thomas Bromely had the seale delivered 108 Feme covert sueth for maintenance 87 G. GIving day to one it shall help the other 1 Greater part of debt paid and the rest offered reliefe here 2 Goods of felons difficult to prove a Subpoena 15 Grand lease forfeited by coven reliefe for it 18 Generall customes reduced to certainty 21 Grantee distraines one ordered to sue the rest 23 H. HElp against executors 12 Heire of purchasor to pay money behind 25 Husband appears and demurrs the wife not Attachment 39 Husband appears the wife not Attach against them both 65 Habeas corpus to the warden of the Fleet to have the defend in Court to be charged with a debt 71 Heire sued to make a lease for which his elder brother took a fine or to repay the same 77 I. JUdgement not to be examined here 3 Iuramentum delatum a partâ— 11 Intent specified in a feoffment 11 Justifying the detaining of evidences 16 Joyntenants one taking the profits 21 Judges called into the Exchequer Chamber about a lease 32 Injunction to deliver goods 34.61 Injunction to stay proceedings at Law 36 Injunction for possession as at the time of the Bill 36 Jurisdiction of Wales rejected 36 Injunction to stay suite according to promise 37 Injunction with a clause si ita sit 37 Injunction for not appearing and to stay suits 40 Injunction to discharge execution 41 Injunction for possession 45 Injunction for possession as at the Bill 3 yeeres before 47 Injunction upon Certificate of Justices of Assize 49 Injunction dissolved if cause be not shewed 49 Injunction because the defendant began first in Chancery 50 Injunction for Corne sowed upon a Lease paroll 51 Jurisdiction of Oxford rejected 55 Jurisdiction of Lancaster alloweds 56 Injunction disobeyed an Attachment 58 Jurisdiction of Chester allowed 59 Jurisdiction of Oxford allowed 65 Jurisdiction of the Exchequer rejected 67.68 Injunction against the spirituall court 73 Jurisdiction of Oxford allowed 73 Jurisdiction of Wales allowed 74 Injunction to stay Judgement in an action of waste 76 Injunction to stay suits because the Queene was not paid her fine 77 Jurisdiction of Chester allowed 82 Jurisdiction of Wales allowed 84 Injunction for defrauding the Queene of her fine 85 Jurisdiction of the Mannor of Woodstock overruled 85 Jurisdiction of Wales overuled 89 Jurisdiction of Wales admitted 92 Jurisdiction of the North allowed 95 Jurisdiction of the Exchequer disallowed 96 Jurisdiction of the Dutchy of Lancaster allowed 97 Jurisdiction of Wales not allowed for a promise 99 Injunction left at the defendants house and disobeyed an Attachment 101 Jurisdiction of Wales allowed 102 Injunction to stay suit at common Law 105 Jurisdiction of Chester allowed 109 Injunction to stay suit at common Law 112 Injunction to stay suit of Quo Minus in Exchequer 113 Injunction to stay suits at common Law 113 L. LEases dammages in waste moderated 2 Lease in paroll no help in Chancery 7 Lease for 1000 yeares no help 8 Lands sold in two Counties livery made in one 17 Leassor to have the woods excepting fireboot c. 17 Leases devised to his wife to come to his sonne 22 Leases conveyed in trust to pay debts 25 Lease paroll no help 27 Lands intended for a Schoole otherwise given by will 28 Leases of corporations their names mistaken 31 Leases holpen against Patentees 32 Leassee of a Copyholder punishable in waste though the Copyholder himselfe be not 63 Lord Chancellors Letters to a Noble man that had broken a decree to performe the same 73 Leassee not named in the premises decreed 86 Liberty for a common Fishing 104 M. MUlier and Bastard 4 Marriage portion recovered and reversed holpen 8 Money given to buy Lands 10 Money paid upon a single Obligation 17 Messuage cum pertin. carries the Land used with it 18 Mannor demised except court Baron 18 Mulier and Bastard Joyn 20 Misdemeanor in Courts reformed 30 Man and wife plaintants she dyes no Bill of revivor but he must answer 62 Money paid for a reversion which could not be enjoyed ordered to repay it 93 N. NVdum pactum no help here 5 No reliefe against his own deed 14 No seizin of rent-seck no help here 5 No reliefe against a voluntary act 21 No help touching power to make Leases 29 No witnesses to be examined till the defendants have put in their answer 93 No costs upon a disclaimer 109 New Commission to examine witnesses not appearing at a former Commission 111 Not to extend one mans Land onely where many are subject 111 New Commission to the defendant and publication staid 112 O. ONe Deed by which two claime 15 Oath for serving a Subpoena before witnesses examined in perpetuall memory 34 Order for evidences 43 One Executor sueth the other to put in sureties to perform the Will 79 One Executor gets the estate and dyeth the other sueth his Executor 86 One Subpoena against two defendants and two Bills put in ordered to answer both 87 P. PAyment after the day holpen upon bonds 1 Payment without acquittance 2 Purchasor of parcell not subject to the whole rent charge 2
Egerton will give him on this Bill no reliefe but ordered that he should exhibit his Bill against the rest of the Tenants and Grantee both the one to shew cause why they should not contribute the other why he should not accept of the rent equally otherwise it was no reason to take away the benefit of distresse from the Grantee which the Law gave him 7. Iunii Iacobi 1603. A. In forma pauperis had a decree against C. for the Mannor of B. that the contents of the Mannor were doubtfull C. shewing Antient Deeds that proved divers parcels of the Lands claimed by force of the decree by A. to be of another Mannor which notwithstanding the Lord Chancellor Egerton ordered that it should be put to a Jury and they to find as the contents of the Manor had gone by usuall reputation 60. years last and not to have it paired and defalked by such Ancient Deeds A. Married a Feme Executrix subject to a devastavit if A. have nor sufficient to satisfie himself shall be imprisoned for the debt A. Plaintant in Chancery for a Lease upon a Bill that affirmed the Lease to end at our Lady day An. 1604. had the same decreed for him many yeers after comming to the Lease it selfe he finds that it is not to end till our Lady An. 1605. And then moves in Chancery that he may not be forced to leave the land till that time as the decree appointed him qui constitutus est cancelâ—arius 24. Iulii ad Coronam Regis for the first he must performe the decree and then exhibit a new Bill upon the speciall matter otherwise it were perilous to blow away decrees upon motions Hil. 1. Iacobi Gosset com Crowther fol. 122. Henry Earl of Darby conveyed certaine lands in trust to Doughty his servant for payment of his debts upon mediation of an end of controversies between the daughters of Fardinand eldest son of Henry and Will his younger son now Earl Articles were set down that Will should discharge all his fathers debts whereupon Doughty conveyed the Leases to Will the creditors sue Doughty in Chancery and ordered to pursue their remedy against Earl William Hill 1. Iacobi Hearle plaintant in Chancery against Botâ—lers moâ—ther and son whose husband had bought tayled lands of Hearles brother to which the plaintant was inheritable and some of the money due upon a bond unpaid and the bond lost And the opinion of the Lord Chancellor was to charge the son the mother in regard of the land in their possession with the payment thereof Hil. 1 Iac. Nota in le case Mynn and Cobb the trust was not so fully proved as the Lord Chancellor would make a full decree thereupon so as it should be a presedent for other causes and yet so farre forth proved as it satisfied him as a private man and therefore in this case he thought fit to write his letters to the defendant to conforme himselfe to reason and affirmed that if he should find the defendant obstinate then would he rule this cause specially against the defendant sans la tires consequence Hill 1. Iacobi Nota in the case of Manwood that there behoveth not a full surrender to be expressed in the Copy but the devise is chiefely to be regarded if the surrender be perfect in the Roll of the Lord though there be no mention at all of a surrender good enough Hill 1. Iacobi Inter Swain and Rogers the case was in effect an Assize of Nusans for Rogers disturning the trenches and plucking up of stakes of Swaynes Mill Leet and making a banck or dam beneath that made the water reflow so as the wheeles could not goe and exception taken that the Court should not hold Plea thereof sed contrarium adjudicatur many causes of the same manner ended here and this specially for Rogers a great man in the country Swayne a professor of the Law who sought hereby to avoyd multiplicity of suits per Warburton Justice but upon a second hearing at the Rolls referred to a Commission of Sewers Hill 1. Iacobi Nota per Egerton Chancellor where Tenant for life the remainder for life though there lye no action of waste in Chancery yet he shall be prohibited to do waste by the Chancellor for wrong to the inhabitants and hurt to the common-wealth Hill 1. Iacobi Bloomer having married the widdow of Nanfan who had forfeited a Recognizance to the Archbishop of Canterbury for not paying of her daughters Portion intreated the Bishop of Canterbury to take a new Recognizance and discharge the former Bloomer after finding that his wives lands was intailed used meanes to have her by Fine or recovery to put it into Fee that so it might be subject to the Recognizance and hoped to get it from his wife also One Bridges his wives kinsman withstood this now dyeth the woman the Portion unpaid Bloomer is sued for it in Chancery and the opinion of the Court against him the Bishop of Canterbury had certified against him and because his counsell was not ready that day the Chancellor declared he must take the Archbishops Certificate not as a Testimony but as a judiciall proceeding and therefore willed Bloomer to satisfie the Archbishop or else he must decree against him Hill 1. Iacobi Nota that witnesses ad informand conscientiam shall never be appointed to be taken but upon hearing ubi Iudex dubitat but yet witnesses examined after publication not fit to be published may be fit to be ad informandum conscientiam if it shall be thought meet upon the hearing Hill 1. l. Daniel Hill having put in for his Clyent a long insufficient demurrer to a Bill exhibited against his Clyent in which supposed demurrer were many matters of fact and other things frivolous and vaine The Lord Chancellor Egerton awarded five pound costs against the party And ordered that neither Bill Answer Demurrer nor any other Plea should from henceforth be received under the hand of the said Hill 27. April 1. Iacobi In the case of Tenant right between Musgrave and some of his Tenants on the borders The Lord Chancellor pronounced that neither in Tenant right nor in other Coppyholds would he make any order for all the Tenants in generality but for speciall men in speciall cases nor for any longer time then the present except it were by agreement between the Lord and the Tenants which then he would decree if it appeared reasonable 8. Iunii 1. Iacobi Item that he neither would help Leases paroll in Chancery and that it was good for the Common-wealth if no Lease paroll were allowed by the Law nor promises to be proved by witnesses considering the plenty of witnesses now a dayes which were testes diabolices qui magis fame quam fama moventur 8. Iunii 1. Iacobi Lands given ad divina Celebranda by Feoffement till an Estate should be
bestowed the land upon the Earl of Devon for his service done in Ireland This Lease the Earl sought to avoid by the law Haule prayes to have the matter examined in Chancery and to have the suit stayed by Injunction which was denyed for that the Lease was granted by fraud and the Fee simple to the Earl in possession and not in reversion nota that the Lord Chancellor said that where lands are granted in reversion if the Grantee will avoid the lease for a rent paid but not at the day in that case he will releeve but not where the Lease is granted upon a false suggestion for that were to relieve fraud in the Chancery it was further objected that this grant was made to the Earl upon consideration of service done and the Lord Chancellor said that the service done to the Realme was as valuable as if the Earl had given 500 l. for the Land but the Earl offered to give the Leassee 1000 l. recompence in honour 23. Ian. 1. Iacobi In a Case moved by Mr. Chamberlaine where the Lord Chancellor had referred the matter to be tryed at the common Law touching remainders upon a Lease whether good in law or no and the Judges had given Judgement upon the case in another point in the Kings Bench so as the Lord Chancellor remained still uncertaine of that point called the Judges into the Exchequer Chamber 1. Iacobi For as much as the plaintant hath served processe upon the defendant to appear in this court return 15. Micha and exhibited no sufficient Bill against him and further for meere examination sued out a Writ of Attachment against the defendant before the returne of the subpoena it is ordered that the plaintant shall pay unto the defendant 10 s. costs and also that Hugh Tildesley who made the processe against the defendant without a sufficient Bill shall pay unto the defendant other 10 s. for his costs William Garneston plaintant Thomas Bradwell defendant Anno 5. Hen. 6. Philip and Mary fol. 11. For as much as a Commission to examine witnesses in perpetuam rei memoriam issued out of this Court and the witnesses examined by vertue thereof have remained in court by the space of a year It is ordered that publication shall be granted Richard Gravenor and Iohn Gravenor plaintants Bryan Brearton defendant An. 5. and 6. Phil. and M. fol. 12. Episcopu Cicestrens publication of witnesses in perpetuam rei memoriam An. 5. and 6. Phil. and Mar. fol. 30. Willington plaintant Agar defendant publication of witnesses remaining since 33. H. 8. fol. 42. Anno 5 and 6. Phil. and Mary An Injunction is granted against the defendants to deliver to the plaintant certaine Plate contained in their Petition or else to appeare and shew cause in crur. anim prox Anno 5. and 6. P. and M. fol. 13. David Geoffry and Iohn Geoffry plaintants and Thomas Davis defendant A decree is made for the plaintant as by the Record thereof signed with the Lord Chancellors hand plainly appeareth and the said Record is delivered to Iohn Millisent Attorney for the plaintant to be inrolled the Deane and Chapter of Lincolne plaintant Bevore and Alice defendants Anno 5. and 6. Phil. and Mary fol. 15. Glanffell plaintant Strickley defendant a decree is made for the defendant for dismission of the cause as by the Record thereof signed with the Lord Chancellors hand and the same put to the inrolment Anno 5. and 6. Phil. and Mary fol. 22. Iames Iervis hath made oath for the delivery of a subpoena to the defendant whereby he hath knowledge that witnesses are to be examined in perpetuall memory so that he may if he will examine the same witnesses in this court therefore the examinors in this court may proceed to the examination of the said witnesses accordingly Hatcham plaintiffe Winchcombe defendant 5. and 6. P. and M. fol. 19. Porter plaintant Baker defendant the examinor may proceed to examination of witnesses in perpetuall memory if the plaintant have served a Subpoena upon the defendant to give him notice to examine likewise An. 5. and 6. P. and M. fol. 32. Forasmuch as the plaint hath taken oath in this court that there are sundry witnesses contained in a Schedule exhibited in this court which he desireth to have examined â—n perpetuall memory so impotent and sick that they are not able to travell up to be examined in court without danger of their lives therefore a Commission is awarded to Sir Humfrey Bâ—adburne Knight to examine the same witnesses in perpetuall memory Bagshawe plaintant defendant An 5. and 6. P. and M. fol. 22. Robins plaintant Foster defendant a Commission is granted to examine witnesses in the Countrey being impotent in perpetuall memory Anno 5. and 6. P. and M. fol. 26. The plaintant is adjudged to pay to the defendant costs three pound for that he was served to appear before the Lord Mayor of London to testifie in a matter depending before the said Lord Mayor between the plaintant and one Iohn Gresham and others without any precept directed from the Lord Mayor unto the said defendant to appeare Rowe and Alice plaintants Thomas Guybone defendant Anno 5. and 6. P. and M. fol. 24. Iohn Manlye hath taken oath the deposition of witnesses examined on the behalfe of the plaintant and remaining in this Court are to be given in evidence at a Court Baron holden at Potton in the County of Bedford on Mâ—nday next therefore publication is granted William Manlye Clerke plaintant Thomas Simcote defendant Anno 5. and 6. Phil. and Mary fol. 24. An injunction is awarded against the defendant to stay his proceedings in the Sheriffes Court of London or elsewhere upon debt of 100 l. not to proceed to triall judgement or to execution if judgement be given Iohn Ayland plaintiffe Francis Bacon defendant Anno 5. and 6. P. and M. fol. 29. Forasmuch as the plaintant served processe upon the defendent by the name of Magaret Hastings and at that instant was marryed to William Brown and also for want of a Bill therefore the said William Brown and Margaret are adjudged to pay to the defendant 20 s. costs Margaret Hastings plaintant Nicholas Iugges defendant Anno 5. and 6. P. and M. fol. 30. Forasmuch as the Sheriffe of Denâ—igb hath returned a Languidus in prison therefore a Commission is awarded to Richard Griffeths and others to take the answer of the defendant Iohn ap Thomas plaintant Engharard Hoell widow defendant An. 5. and 6. P. and M. fol. 33. Forasmuch as the defendant was in possession of the lands at the time of the Bill exhibited and the plaintant hath sithence entered therefore an injunction is granted to the defendant against the plaintiffe to avoid the possession William Hawkes and Ieâ—nit his wife plaintants Iohn Champion and others defendants An. 5. and 6. P. and M. fol. 35. It
is ordered the plaintant shall between this and Friday next bring into this Court a certificate from the officers of the Queens house or otherwise whereby this Court may credibly understand that his attendance in Court is necessary and that he cannot conveniently be absent or if he cannot so doe then the matter is remitted to the determination of the Commissioners in the marches of Wales Phillip Mannering plaintant Henry Smallwood and Alice defendants Anno 1. Eliz. fol. 51. Mannering plaintant Smallwood and Alice defendants for want of a certificate that the plaintants attendance in Court is necessary the cause is dismissed into the marches of Wales Anno 1. Eliz. fol. 62. The plaintants husband was bound in a Statute of 160 l. to pay 160 l. and after by Indenture the defendant did grant unto the plaintants husband that if he failed in the payment of the said 160 l. the same should be levyed of certaine lands then the said plaintants husbands lands called Stirbeck and some other lands specially named lying in Hawthorne in the County of Lincolne the husband dyed and the defendant sued execution as well of other lands in the occupation of the plaintants late husband as of the said lands mentioned in the Indenture And Sir Nicholas Bacon Lord Keeper of the great Seale of England granted an injunction against the defendant immediately to remove from the possession of all the other lands except of those onely contained in the Indenture and that he should quietly suffer the plaintant to enjoy the same Margaret Pulvertost widdow plaintant and Gilbert Pulvertost defendant Anno 1. Eliz. fol. 51. An Injunction was granted to the plaintant upon the surmises of his Bill with this clause si ita sit that the plaintant be in possession by good conveyance in Law as he alleadgeth Nota it was then usuall to grant Injunctions upon surmises with a proviso si ita sit Fodringham Christopherus plaintant Richard Chomeley defendant Anno 1. Eliz. fol. 67. Forasmuch as the defendant is under age and by inspection not above the age of fifteen yeers therefore George Wyat is by this Court named and appointed Gardian to the defendant Hugh Langley plaintant and Philip Mark defendant Anno 1. Eliz. fol. 73. A Commission is awarded to the Sheriffe of Nottingham and â—erby to put the plaintant in possession of certain lands for which he formerly had an Injunction against the defendants which they have disobeyed William Boles plaintant Richard Walley and Alice defendants Anno 1. Eliz. fol. 84. The defendant is enjoyned in open court upon paine of 200 l. not to proceed any further in an action upon the case by him commenced in the Kings Bench against the plaintant nor that he procure the Jury to be sworne in the issue but onely to record their appearance untill to morrow at which time further Order shall be taken by the Court George Riche plaintant Edmond Foard defendant Anno 1. Eliz. fol. 88. Upon information the defendant disobeyed a writ of subpoena brought to be served against her and that they which should have served the said writ were beaten and wounded therefore an Attachment was granted against the defendant and a subpoena against Edmond Pirton returned immediate William Rove and Rose his wife plaintants Agnes west widdow defendant Anno 1. Eliz. fol. 90. and 97. Where the said Edward Pyke hath of long time been aâ—d yet is in execution upon a Statute at the suite of the late King Edward the 6. Forasmuch as upon the examination of the matter befoâ—e the Lord Keeper of the Great Seale of England in open Court it manifestly appeareth that there was not just cause why the said Pyke should remaine in execution as Gâ—lbert Gerrard and Rosewell Esquire the Queenes Majesties Attorney and Solliciter Generall being present did confesse and agree It is therefore now ordered that a Writ of supersedeas be directed to the Warden of the Fleet in whose custody the said Pyke now is commanding him by the same forthwith upon the receipt thereof to deliver out of prison the body of the said plaintant provided alwayes before his deliverance he be bound to her Majesty by Recognizance in 100 l. not onely to make his further appearance to answer her Highnesse any thing hereafter shall happen to be laid to his charge concerning the said execution but also to stand to and obey all such order and determination as the said Lord Keeper of the Great Seale and this court shall hereafter take in the matter in variance between him and the said Graunt Edward Pyke plaintant Robert Graunt defendant Anno 1. Eliz. fol. 166. Pakine the Husband onely appeared and put in a demurrer in both their names without oath of impotency or otherwise for non appearance of Ioan his wife whereupon an Attachment is awarded against the defendants Thomas Spicer and Katherine his wise plaintants Iohn Pakine and Ioanâ— his wife defendants An. 1. Eliz. fol. 170. Thomas Hodge plaintant William Smith defendant the defendant demurred by his Counsell not appearing in person therefore a Subpoena was awarded against him to make a direct answer An. 1. Eliz. fol. 230. Iohn Iackson Attorney for the defendant at the common Law is in open Court enjoyned that neither he nor any other by his means do further proceed in an action of tresp commenced against the plaint and depending at the coÌ„mon law nor call for Judgement untill further order shall be therein taken by the Lord Keeper of the great Seale of England and high Court of Chancery Iohn Sedgewick and Alice plaintants Will Redman defendant An. 1. Eliz. fol. 212. The plaintant served the defendant with a Subpoena to appear in Chancery whereof he made oath and because the defendant did not appear and Injunction was awarded against the defendant his Councellors and Attorneyes upon paine of 200 l. not to proceed in Judgement in an action of debt of 40 l. in the common Pleas against the defendant An. 1. Eliz. fol 213. Thomas Knot plaintant Thomas Iackson defendant David Eyre was served with a Subpoena ad testificandum for the plaintant in a cause depending in this Court and Thomas Eyre made oath that the said David Eyre was at the serving of the said Subpoena upon him and yet is so sick that he is not able to travell hither to testifie therefore a Commission is granted to such Commissioners as the plaintant will nominate to examine him Iohn Wade plaintanr Gwye and Alice defendant An. 1. Eliz. fol. 240. An Attachment was awarded against the defendant for his not appearance upon oath he was served with a Subpoena who now appeared gratis and would have excused himselfe that he had no notice of the Subpoena but he that served the Subpoena deposed he did hang the same upon the defendants doore and within halfe an houre after saw him abroad with a writ in his hand which he supposed to be
a Subpoena to the defendants wife being in the defendants house who hath not appeared therefore an Attachment is awarded Barlow plaintant Baker defendant Anno 18. and 19. Eliz. It is decreed by Assent that the defendant being Lord of the Mannor of Alderswasley shall have for a fine of a Coppyholder upon a Surrender one whole yeares value as the same is reasonable worth according to the usuall rates of Lands in that Countrey Blackwall and Alice Tenants of the Mannor of Alderswasley plaintants Low defendant An. 18. and 19. Eliz. The defendant confesseth by her answer the having of a Tablet or Pomander in Gold demanded by the plaintant and as to the 20 l. likewise demanded by the plaintant by him left with the said dâ—fendant as a token at such time as he was a suter for marriage to the defendant she confesseth the same was left with her against her will and she delivered the same over unto one Sydole her brother who was a dealer with her on the plaintants behalfe to the end hee should deliver the same over to the plaintant It is ordered the Tablet be forthwith delivered by the defendant to the plaintant which was done presently in Court and as to the 20 l. the plaintant shall call in the said Sidole by processe Young plaintant Burrell and Elizabeth uxor ejus defendants Anno 18 and 19. Eliz. The plaintant by his Bill sheweth that the Copy of the Court â—oll whereby the defendants pretend title was indirectly entered by the Stewards Clarke of the mannor the defendants demurre for that the plaintants shall not be received by surmise to object against or impeach the said Court Rols and alleadgeth further the Copy was found by the homage to be true which causes seem to this Court very insufficient It is therefore ordered if cause be not shewed before Wednesday for maintenance of the demurrer then a Subpoena is awarded against the defendants to make answer Holden and Holden plaintants Cleark and Alice defendants Anno 18. and 19. Eliz. The plaintaint hath exhibited his Bill of Revivor against two where the first Bill was against three and the personage in question is named by another name then in the former Bill therefore ordered if cause be not shewed by a day the defendant shall be discharged Heines plaintant William Day Deane of Windsor and Hatchines defendants An. 18. and 19. Eliz. William Lowgher appeared and answered but Rob. Lowgher claimed the priviledge of the university of Oxf. but because the said Doct. Lowgher was joyned with William Lowgher in the bill who was not subject to the same Jurisdiction therefore ordered processe to be awarded against him to shew other cause why he should not answer White plaintant Rob. Lowgher Doctor of Divinity and Will Lowgher defend An. 18. 19. Eliz. The defendant is adjudged to pay to the plaintants 40 s. costs for suing out processe of contempt against him being discharged by her Majesties generall pardon Iones and Parris plaintant Iones defend An. 18. and 19. Eliz. There is more presidents of the like case Walter Ieames made oath that he hanged a Subpoena on the door of one Stacy Barry widdow and that the defendant used to resort thither as he heard reported before that time who hath not appeared therefore an attachment was awarded Ieames plaintant Morgan defendant An. 18. and 19. Eliz. The plaintant exhibited his Bill against the defendant by practise of purpose to examine witnesses and did examine witnesses accordingly whereas the cause chiefely concerned one Thomas Staunton and Will Bayes and therefore ordered that the depositions should be suppressed and that the said Staunton and Bayles shall exhibite a Bill into this Court against all such as they thinke to be parties to the fraudulent abusing of this Court Walford plaintant Walford defendant An. 19. Eliz. It is informed that the parties dwell in the County Palatine of Lancaster and the matter of the Bill is for a supposed trespasse in entring upon the defendants lands and consuming his grasse and hay upon the same which this Court doth not use to hold Plea of therefore ordered if it be true then the cause is dismissed and the plaintant to take his remedy in the County Palatine of Lancaster Hameâ—heson plaintant Tounstall Covell Rigmaden and Baldwin defendants An. 19. Eliz. The plaintants suit is to have an award made by Master Tilbey and Mr. Chambers Arbitrators indifferently chosen performed and both parties were bound each to other for the performance of the award and one part of the award was that if any question did grow between the parties the arbitrators should end it It is ordered a Subpoena to shew cause Launcellot Barker plaintant Peter Barker defend An. 19. Eliz. The plaintant exhibiteth a Bill of complaint against Luce and Maulde two of the defendants and after Commission Maulde marrieth Iohn Bourne the other defendant and the plaintant then exhibited a Bill of Revivor against the defendants which needeth not as it seemeth to this Court therefore ordered if there be no cause of revivor that Bourne and his wife who are called up by processe to answer the same Bill are licenced to depart without answer to the Bill of revivor and the plaintant to pay him such costs as this Court shall award Iackson and Vxor plaintants Luce Smith Iohn Bourne and Maulde his wife defendants An. 19. Eliz. The plaintant by his Bill pretends title to certaine lands and Freehold Lands which lands the defend claims to hold by Copy of court Roll to him and his heires of one Thomas Stedolph Esq. Lord of the mannor of Milcklam in the county of Surrey whereof the said lands are parcell and prayed in aide of the said Stedolph neverthelesse the plaintant served the said Arnold with processe to rejoyne without calling the said Stidolph thereunto which this Court thinkes not meet therefore ordered the plaintant shall no further proceed against the defendant before he have called the said Stidolph in by processe Lucas plaintant Arnold defendant Anno 19. Eliz. The said Holgate maketh oath he left an injunction in the house of the defendant and that the defendant Elizabeth White Thomas Crimore and Robert Watkins have disobeyed the same therefore an Attachment is awarded against them Holgate and Vxor ejus planitants Grantham defendant An. 19. Eliz. The defendant this day made his personall appearance upon a Commission of Rebellion for saving his bond made to the Commissioners in that behalfe Brown plaintant Derby defendant Anno 19. Eliz. Commonly it is used to take the Bonds in the name of the Lord Chancellor Lord Keeper of the Great Seale of England the Master of the Rols or to any two of the Masters of the Chancery all which are good and allowable by the practise of the Court of Chancery Upon affidavit made by the plaintant that since publication granted he had divers witnesses setting down their
names come to his knowledge which formerly he had not knowledge of therefore ordered he may examine them before the examinor ad informanduÌ„ conscientiam Iudicis The plaintant comming to the defendant shewed him a Writ but did deliveâ— him neither note of the day of his appearance neither did the same appear unto him by the Schedâ—le labell or any other paper and the defendant appearing found no Bill It is ordered the defendant be allowed good costs and an Atâ—achment against the plaintant for such serving Brightman plaintant Powtrell defendant Anno 19. Eliz. The plaintant called the deâ—endant dwelling in the County Palatine of Châ—â—ter by processe to anâ—â—er a Bill for lands lyiâ—g in the said County Palatine contrary to a generall order lately certified into this Court by her Majesties appointment touching the said County Palatine according to the said generall order Willoughby plaintant Brearton defendant An. 19. Eliz. The plaintants Bill is that he leassed a house to the defendant and did covenant to build and repaire it before a day which being at hand and shewed that he had prepared Timber and workmen to performe the same but the defendant as well to have him breake his Covenant as to free himselfe from his Covenant to keep it in reparations did interrupt and threaten the workemen whereby they durst not proceed to repaire and so the houses are decayed and the plaintant hath no remedy to force the defendant to suffer him to repaire the defendant demurred upon the Bill alleadging the plaintant hath sufficient remedy by Law which kind of answer this Court alloweth not therefore a Subpoena is awarded against the defendant to answer Wood plaintant Tirrell defendant Anno 19. Eliz. Where it appeared by a Booke heretofore presented to the Queenes Highnesse under the hands of Sir Iames Dyer Knight Lord chiefe Justice of the commou Pleas Mr. Justice Weston late a Justice of the same Court Mr. Justice Harpar late another Justice of the same Court and Mr. Justice Carus late a Justice of her Majesties Bench and remaining by force of her Majesties Warrant of Record in the Court of Chancery touching the Jurisdiction of the County Palatine of Chester that before the raigne of King Henry the third all Pleas of Lands and Tenements and all other causes and contracts and matters residing and growing within the said County Palatine of Chester are pleadable and ought to be pleaded and heard and judicially determined within the said County Palatine of Chester and not elsewhere out of the said County Palatine and if any be heard pleaded or judicially determined out of the same County then the same is void and coram non Iudice except it be in case of error Foraign Plea or forraigne voucher and also that no inhabitant within the said County Palatine by the Lawes liberties and usages of the same be called or compelled by any Writ or processe to appear or answer any matter or cause out of the said County Palatine for any the causes aforesaid as by the said Book among other things more at large appeareth and where now of late the plaintant hath exhibited a Bill of complaint into this Honourable Court for and concerning certaine lands and tenements lying within the said County Palatine and hath taken processe against the said defendant in that behalfe who hath thereupon appeared and by his Councell made request to this Court that for the causes aforesaid the matter here exhibited against him might be from henceforth dismissed wherefore forasmuch as William Sayler hath made oath that the said lands doe lye within the said County Palatine and that the said defendant is inhabiting and dwelling within the said County therefore the said cause is from henceforth dismissed and remitted to the Chamberlaine of Chester and other her Majesties Ministers there according to the Tenour of the same Booke Wllloughby Miles plaintant Brearton defendant An. 19. Eliz. Iearvise Wheatly made oath for the serving of a Subpoena upon the defendant to testifie on the behalfe of the plaintant at the Guildhall in London who hath not thereupon appeared therefore an Attachment is awarded against him Batt plaintant Rookes defendant An. 19. Eliz. A Bill was exhibited by the plaintant against Roger Haule supervisor of the last will of Thomas Clifton and one Roger Haule was served with processe that was no supervisor of the said Cliftons will and alleadged that the said Roger Haule who was the supervisor was dead and ordered the defendant shall put in his allegation upon oath by way of Answer and then desire Judgement whether he shall be compelled to answer the said Bill or not and therein pay his costs for his wrongfull vexation which shall be thereupon allowed to him Harrison plaintant Haule defendant An. 19. Eliz. The plaintants are adjudged to pay to the defendants 20 s. costs comming upon processe of Subpoena to testifie on their behalfe and having no charges tendered unto them nor any interrogatories put in for them to be examined upon Pearce and uxor ejus plaintants Crawthorn and White defendants Anno 19. Eliz. Lawrence Hide gentleman being called upon by processe by the plaintant to testifie informed this Court that he was ready to depose so that he might first have his costs to him allowed which this Court thought reasonable Belgraâ—e plaintant Edward Earle of Hertford and William Drury deâ—endants An. 19. Eliz. Thomas Hawtry gent was served with a Subpoena to testifie his knowledge touching the cause in variance and made oath that he hath been and yet is a Sollicitor in this suite hath received severall Fees of the defend which being informed to the Master of the Rols it is ordered that the said Thomas Hawâ—ry shall not be compelled to be deposed touching the same and that he shall be in no danger of any contempt touching the not executing of the said processe Berd plaintant Lovelace defendant Anno 19. Eliz. The plaintant exhibited his Bill as well in his own as in his wives name concerning a promise made by the defendants to the plaintant and his wife to make them a Lease of the Mannor of Appescourt during their lives the defendants demurre for that the plaintant ought to have a Bill of Revivor against them for that his wife is dead since the Bill exhibited which cause of demurrer this Court alloweth not for that the promise was made during the Coverture and the plaintant claimeth not the same in right of his wife therefore the defendants are ordered to answer directly to the Bill Thorne plaintant Brend Wilkinson and Alice defendants Anno 19. Eliz. Austen plaintant Vesey defendant the defendant is served with a Subpoena to testifie and for that it appeared by Affidavit that he was Sollicitor in the same cause to one of the parties he was discharged and not admitted to be examined An. 19. and 20. Eliz. Hartford plaintant Lee and Alice defendants the
the said defendant into this court on Thursday next to the end the said Warden may be also charged with the said defendant by this court till he have satisfied or taken order for the payment of the debt due to her Majesty and that then he shall keep him in his custody untill hee answer unto the plaintant this said debt of 133 l. 6 s. 8 d. Ward plaintant Crouch defendant Anno 20. Eliz. Thomas Boulton made oath that the defend was served with a Billet in Paper to appear 15. Trinitat and no Bill in Court against her at the plaintiffes suite therefore the plaintiffe is adjudged to pay the defendant 33 s. 4 d. sustained in sending up the said Boulton who hath made oath that she is so impotent that she is not able to travell up hither thereupon personally Gredlow plaintant Prestwich defendant Anno 20. Eliz. The plaintant is adjudged to pay to the defendant 40 s. costs for want of a Bill for that the defendant made oath the plaintiffe shewed him a Subpoena wherein his name was written but would not deliver him the same for that there were others to serve with the same Writ Symont plaintiffe Pinsonby defendant Anno 20. Eliz. Iohn Clegge was served with a Subpoena by the name of Robert Clegge and Iohn Warberton made oath that he served a Subpoena upon Robert Clegge and an Attachment was served upon Iohn Clegge and ordered that he should be discharged thereof and might exhibite his Bill into this court against the said Iohn Warberton and call him in by processe to answer his perjury Robert Clegge plaintant Thomas Warberton defendant An. 20. Eliz. A Motion for an Attachment against the defendant for breach of a decree and injunction and ordered by the Lord Chancellor Bromley that for that time he stayed the granting of the Attachment and vouchsafed to write his Letters requiring him to performe the same trusting he would have such regard thereunto as no Attachment shall after be required against him Story plaintant Dominus Pawlet defendants 21. and 22. Eliz. A Motion that where the plaintants had exhibited their Bill to be discharged of a legacy the defendant since his suit sued in the spirituall Court and therefore day to shew cause why an Injunction should not be granted Parrré uxor plaintants Tipelady uxor defendant Anno 21. and 22. Eliz. William Smalwood made oath the defendant confessed he was served with a Subpoena at the plaintants suit who not appeared therefore an Attachment is awarded against the defendant to the Sheriffe of Essex Waters plaintaint and Berd defendant Anno 21. and 22. Eliz. The defendant a Master of Art in Oxford pleaded his priviledge of the University under the Seale there and demanded judgement whether he should be driven to answer contrary to the priviledge and the priviledge was allowed and the Attachment discharged Cotton plaintant and Manering defendants Anno 21. and 22. Eliz. A decree is made for the defendant to enjoy certaine Lands as well Coppyhold as Customary Bamborow plaintant Alexander defendant Anno 21. and 22. Eliz. The defendant made oath that he was served with a Subpoena at the plaintants suit to appeare in this Court and that he hath lost by casualty the Subpoena and upon his appearance there was no Bill in Court against him at the said plaintants suite therefore the plaintant is adjudged to pay the defendant 40 s. costs for want of a Bill Domina Edith Metham plaintant Michaell Fayerbanck defendant Anno 21. and 22. Eliz. For that it appeared as well by the plaintants Bill as that Osney one of the defendants hath made oath that the lands in the Bill is not worth 40 s. per annum therefore dismissed generally and not without costs Townly uxor plaintants Osney uxor Parsons defendants An. 21. and 22. Eliz. The defendant made oath that the plaintant and defendant are both dwelling within the jurisdiction of the Marches of Wales and for that it appeareth by the Bill that the Money complained for is under 10 l. therefore the cause is dismissed Eastcourt plaintant Tanner defendant Anno 21. and 22. Eliz. Debt upon a single Bill satisfied and the Bill not delivered was sued and execution gotten and yet retained in Chancery notwithstanding a motion to be dismissed because after Judgement and Execution for it was said the Judgement and execution may stand and this suite for that he formerly paid Owen plaintant Ioanes defendant Anno 21. and 22. Eliz. The defendant maketh oath that one Rock served him with a Subpoena in the name of the plaintant and at his suit as he affirmed but would not deliver neither Writ Labell nor noat of the day of appearance but told him it was to appeare the first day of this Terme and now no Bill in Court therefore costs is granted against the plaintant Parsons plaintant Hilford defend An. 21. and 22. Eliz. An order for a Commission to set out meet wayes and Cawsages moved in presence of Mr. Egerton of Counsell with the defend Custos of all Soules Colledge in Oxford plaintant Everall aliis defendants Anno 21. and 22. Eliz. Upon an oath made for impotency of Ienkin the defend in a former suit by the said Goose by the name of William ap William they procured a dedimus potestatem to take the answer of Ienkin to Iohn Floyd and William Goose himselfe whereas the party was under 50 yeares of age and not impotent hereupon the plaintant exhibits an English Bill of perjury into this Court against the said Goose for perjury and Ienkin for the procuring of it whereupon they being served with a Subpoena to answer the perjury they get a stay of the proceedings from the counsell of the Marches where upon motion Sir Thomas Bromley Lord Chancellor marvelled at such their stay and writ his Letters to the said Counsell and granted a new Subpoena against the defendants to answer the perjury Ioane uxor Griffith plaintant Richard ap Ienkin and William Goose defendants Anno 21. and 22. Eliz. The Bill was to be releived against a Judgement indirectly gotten by Ralfe Cavendâ—sh in the name of Thomas Cavendish his brother by default in an account of waste and because it so appeared an injunction is granted Galley plaintant Ralfe Cavendish and Thomas Cavendish defendants Anno 21. and 22. Eliz. The Suite was to be releived upon a lease made to the defendant in trust to the use of the plaintant and because it so appeared it was ordered that the plaintant should injoy the lands against the defendant and all claiming under him that had notice of the trust and if the lease were sold to such as had no notice of the trust then the defendant shall pay to the plaintant so much mony as the lease was worth Rooke plaintant Staples defendant Anno 21. and 22. Eliz. A Bill to be
releived upon a bond after Judgement and execution and because no material matter alleadged for maintainanâ—e thereof therefore dismissed Adams plaintant Doddesworth defendant Anno 21. and 22. Eliz. The Bill was to be releived for egresse and regresse into a garden of the defendants for drying of cloaths promissed by word only by the defendant to the plainant therefore dismissed for that the Court ought not to be burthened with such small maâ—ers Hamby plaintant Northage defendant Anno 21. and 22. Eliz. Guilliam made oath that he saw a subpoena served on the defendanr who hath not appeared therefore an attachment Morgan plaintant Evon defendant Anno 21. and 22. Eliz. An Attachment was delivered to the Sheriffe to execute who did not returne the same and upon affidavit of the delivery a day was given to returne the Writ upon paine to be amerced 5 l. Crompton plaintant Meridith defendant Anno 21. and 22. Eâ—iz Affidavit made for the delivery of au extent to the Sheriffe which he hath not returned therefore a day is given to the Sheriffe to returne the Writ upon paine of 10 l. Hambey plaintant Wight defendant Anno 21. and 22. Eliz. Three Bonds put in suite in the Kings Bench and stayed by Injunction by Order because the Queene was hindered of her fine Pascall plaintant Smith Miles defendant Anno 21. and 22. Eliz. Calveley plaintant Philips defendant Bonds put in suite in the K. Bench stayed by Injunction because the Queene was hindered of her fine Anno 21. and 22. Eliz. The Bill prayeth reliefe against the defendant as brother and Heire for that the plaintant paid to his brother deceased a fine of 34 l. for a lease who dyed before the same was made and therefore desireth either to have the Lease made by the Heire or his money againe thereupon it is ordered the defendant shall answer an Injunction Kreme Alias Mogge plaintant Meere defendant Anno 21. and 22. Eliz. The defendant got costs for want of a Bill and bespake of Robert Bayles a Clerk a Subpoena for those costs who made her a Subpoena ad sectam whereupon the plaintant got costs this being moved for discharge of these costs so gotten by default of the Clark It is ordered that the defendant shall be discharged and the plaintant also of the costs gotten by the defendant and neither of them should have processe against the other for the same but the defendant might take a Subpoena against the Clark that made the erronious processe for the 40 s. costs which she should have had against the plaintant Franckblanck plaintant Domina Metham defend An. 21. and 22. Eliz. Oath is made for the delivery of a Subpoena to the wife of the defendant at his house who hath not appeared therefore an Attachment Pilgrime plaintant Read defendant Anno 21. and 22. Eliz. The plaintant desireth to be relieved against an Obligation of 100 l. which had an intricate and insensible condition put in suit for that the plaintant being desired by the defendant to Seale a release desired onely time to be advised thereof which the defendant would not yeeld unto but hath put the bond in suit though no wayes damnified and now the plaintant is ready to Seale the release therefore an Injunction is granted Rowles plaintant and Rowles defendant An. 21. and 22. Eliz. The defendant took out a Commission to take his answer in the Country and thereby answered he could not directly answer without sight of evidences which are in Nottinghamshire far distant from Dorsetshire the defendant afterwards made a perfect answer and yet the plaintant took out Attachment and Attachment with Proclamation both which were discharged paying the ordinary Fees and 2 s. 6 d. to the Warden of the Fleet Trussell aliis plaintants Willoughby Miles defendant Anno 21. and 22. Eliz. Iohn Cotten the plaintant brother devised divers goods to his two Sons to be delivered at their full age and made the plaintant and defendant Executors 100 l. of the goods came to the plaintants hands 250 l. came to the defendants hands The plaintant desireth by his Bill that in respect of the trust and joynt charge which may survive that the plaintant and defendant may each be bound to the other to pay the children their Portions in their hands at their full age and if either plaintant or defendant dye before then the Executor shall pay that which was in the testators hands to the survivor which this Court thought in conscience to be meet because the defendant by answer confesseth the trust and receit of 250 l. Therefore a Subpoena is awarded against the defend to shew cause why it should not be decreed Cotton plaintant Causton defend Anno 21. and 22. Eliz. An Attachment and other processe of contempt issued out of this Court for not returning the defendants answer by Commission is discharged paying the ordinary Fees because the plaintant named one Commissioner who refused to joyne with one of the defendants Commissioners in taking the defendants answer and a new Commission is granted to indifferent Commissioners named by the defendant Marshall plaintant Harwood defendant An 21. and 22. Eliz. It is moved that where a prohibition was six moneths since granted for stay of a suite in the Ecclesiasticall Court at Herford upon surmise the lands are held in Capite whereas it appeared by Letters Patents thereof the lands holden of Eastgreenwich therefore consultation unlesse cause shewed and the party to pay double costs according to the Statute whereby the prohibition is granted Wolfe plaintant Merrick Clums defendant An. Forasmuch as the Major of Totnes hath certified under his common Seale that the defendant made oath before him that he was served with a Billet in Paper at the plaintants suit and upon his appearance no Bill therefore costs White plaintant Carpenter defendant An. 21. and 22. Eliz. Brent an Attorney at common Law for the defendant being present in Court is enjoyned in open Court upon paine of 200 l. not to proceed at common Law upon an action of debt upon an Obligation against the plaintant Bishop plaintant Iessop and Wats defendants Anno 21. and 22. Eliz. Forasmuch as the said Thoroughgood made oath that the matter in the Bill is for a Portion of Rent of 10 s. by year being of small value it is dismissed Knighton plaintant Allen and Thoroughgood defendant An. 21. and 22. Eliz. Iohn Vaux made oath that he saw a Subpoena served upon the defend therefore for not appearance an Attachment is granted Vaux plaint Glasiers defendant An. 21. and 22. Eliz. Iohn Leigh made oath for the serving of a Subpoena on a witnesse to testifie on the plaintants behalfe before certaine Commissioners who hath not so done Therefore an Attachment is awarded against the defendant Middleton plaintant Speright defendant An. 21. and 22. Eliz. The plaintant made oath that he heard the
defendant confesse he was served with a Subpoena and hath not appeared therefore an Attachment is granted Stow plaintant and Maddock defendant An. 21. and 22. Eliz. The defend and one Thomas Butcher whose Executors the said Ioane Alexander have purchased certaine lands joyntly the defend promised the said Thomas upon his deaâ—h bed hee would take no advantage of the survivorship but that the said Thomas might by his will dispose them Thomas by his will devised his part of the lands towards payment of his debâ—s therefore decreed by the assent of the defen. that the defeÌ„ should make estate accordingly Spring uxor Alexander Buthcer plaintants Vpton defend An. 21. and 22. Eliz. Robert Medigate Esq. was served with Subpoena to testifie and hath not answered to certaine interrogatories administred unto him on the plaintants behalf at the time of the executing of the said Commission excusing himselfe that he could not to some for want of certaine court Rols and to some other interogatories he referred himselfe to former depositions but doth not shew where they remaine nor when they were taken it is therefore ordered that the considerations of the depositions of the said Medigate be referred to Mr. Doctor Carew one of the Masters of this Court and if he certifie that he hath not sufficiently answered then order shall be taken that he shall directly answer the same Fish plaintant Mountford aliis defendants An. 21. and 22. Eliz. It is ordered that upon Affidavit made that the defendants dwell within the County Palatine of Chester and the cause of the Bill is to be relieved of certaine debts there the cause is therefore dismissed into the said Countrey Heyward plaintant Sherington defend An. 21. and 22. Eliz. The effect of the suit is for a Hawke and certaine evidences supposed to be come to the defendants hands and because it seemeth to the Court the matter of evidences was onely inserted to give colour to the court to hold Plea and the matter of the Hawke is no meet matter for this Court therefore the matter is dismissed Glasiers plaintant Massie defendant An. 21. and 22. Eliz. The Bill is dismissed because that Mr. Massies name was put to the same as of Councell without his privity Gristing plaintant Hore and Hore defendants An. 21. and 22. Eliz. The plaintant is adjudged to pay to the defeâ—d 50 s. costs for prosecuting processe of contempt against him and no contempt proved Wrayford plaintant Weight and Hingeston defendants An. 21. and 22. Eliz. The Bill setteth forth that Gibone one of the defendants in consideration of 286 l. did bargaine and sell unto the plaintaint certaine lands in the Bill mentioned and made unto him a deed of Feoffement and a Letter of Atturney to make livery and seizin and before livery made a Lease to Cateline who knew of the bargaine and he Leassed to Brown who knew also of the bargaine and this appearing to this Couâ—t to be true an Injunction is granted to the plaintant untill the cause should be heard and determined Ireby plaintant Gibone Cateline and Browne defendants An. 21. and 22. Eliz. A speciall Certiorare to remove a cause out of London the plaintant proveth the surmises of his Bill the defend beginneth suit in the Kings Bench for the same cause therefore stayed by Injunction Cliffe plaintant Turnor defendant An. 21. and 22. Eliz. The plaintants suite is to be relieved for a common and a Subpoena is awarded against the defend to shew canse why an Injunction should not be granted to stay the suite at the common Law Chock plaintant Chea and Wast defendants An. 21. and 22. Eliz. The matter is dismissed because the suit is for 6. l. onely Marber plaintant Kempester defendant An. 21. and 22. Eliz. The said Edmund Barker defendant maketh oath that he received a Billet of Paper of Iohn Barker his brother who affirmeth likewise upon his oath the same Billet was delivered to him by the plaintant and because upon the defendants appearance no Bill is in Court therefore 26 s. 8 d. is adjudged against the plaintant Cook plaintant Barker defend An. 21. and 22. Eliz. The Mayor of Totnes certified under his common Seale that the defendant made oath before him that he was impotent and not able to travell therefore a Commission is awarded to take the defendants answer in the Countrey Wotten plaintant Lewescomb defendant An. 21. and 22. Eliz. Dodderridge plaintant Lasty defendant upon oath made before the Mayor of Exeter of the defendants impotency and unfitnesse to travell a Commission is granted to take his answer in the Countrey An. 21. and 22. Eliz. Thomas Fursden made oath the defendant is above 70 yeares of age therefore a Commission is awarded to take his answer in the Countrey Vivean plaintant Napper alias Sande defendant Anno 21. and 22. Eliz. George Elliot made oath that all the parties are inhabitants and dwelling within the Marches of Wales and that the matter contained in the bill of complaint is for no Title of land therefore the cause is dismissed to the determination of the said Commissioners Morgan plaintant Bithell and Evon defendants An. 21. and 22. Eliz. Philips alias Phelps Long and Spincke plaintants Powell and Singleton defendants upon oath made that all the parties dwell within the jurisdiction of the Marches of Wales the cause is dismissed to be tryed there An. 21. and 22. Eliz. Forasmuch as the Bayliffes of Mountgomery have certified under their common Seale that the plaintant made oath before them for the serving of a Subpoena on the defendant who hath not appeared therefore an Attachment is awarded against the defendant Griffeth plaint Ap Edward Ap Iohn defendants An. 21. and 22. Eliz. Forasmuch as the Major of Exeter hath certified under his common Seale that the plaintant hath made oath before him for the serving of a Subpoena on the defendants who have not appeared therefore an Attachment is awarded against them Preston plaintant Smith uxor defendants An. 21. and 22. Eliz. Ap Richard maketh oath the Lands complained of is under 40 s by the yeare therefore dismissed Morgan plaintant Ap Richard and Lewis defendants An. 21. and 22. Eliz. An action upon the case commenced in the Kings Bench to the defendants dammage 100 Markes is stayed by Injunction for that her Majesty is hindred of her fine which should have been paid upon the originall Brockhurst plaintant Cotton defend An. 21. and 22. Eliz. An Action upon the case commenced in the Kings Bench to the dammage of the defendant 5 l. is stayed by Injunction for that her Majesties fine was not paid Ward plaintant Cobone defendant An. 21. and 22. Eliz. Attachment is granted for not appearing upon a Certificate by the Major of Totnes under his common Seale that Iohn King made
oath he saw a Subpoena served upon the defendant Dinnis plaintant Morgan defendant An. 21. and 22 Eliz. The plaintants Bill is to be relieved for Copyhold lands the defendant doth demurre for that the lands are Ancient demeasne lands of her Majesties Mannor of Woodstock and there onely pleadable it is ordered a Subpoena shall be awarded to the defendant to make a better answer Wilkins plaintant Gregory defend An. 21. and 22. Eliz. Upon a Subpoena in perpetuall memory the defend appearing assented to joyne in Commission so as the Lord Bacons orders touching examination of witnesses in perpetuall memory might be observed but upon motion it was ordered that the Commission should be made generall as in like cases where the parties joyne for that it seemed to the Court the Lord Bacons orders were intended to be observed where the plaintant hath a Commission alone Dominus Dacres uxor plaintants Southwell defend Anno 21. and 22. Eliz. The plaintant desired to be relieved for a Lease made by the defendant to him for yeares which the defendant endevoureth to impeach because in the premises of the Lease there is no Leassee named but onely in the Habendum and the cause being referred to the two Lord chiefe Justices and the Lord chiefe Baron they certified their opinion in Law that the Lease was good in Law notwithstanding the Leassee was not named in the premises of the Lease but in the Habendum and therefore decreed accordingly that the plaintant should hold the said Lease Butler plaintant Dodton defendant An. 21. and 22. Eliz. The case is that the Lord Wray and Sapcotes father were made executors to the use of Children Sapcotes father having gotten a great part of the testators estate into his hands deviseth divers Legacies to strangers maketh the defend his Son Executor and dyeth and the defend by answer confesseth his Father had divers goods of the first testators in his hands but said that the defendant had not goods sufficient more then would satisfie the Legacies given by his Father therefore ordered that the defend shâ—ll first pay to the plaintant the goods which were the first testators and so much of his Estate as came to his Fathers hands Wray chiefe Justice plaintant Sapcote defendant Anno 21. and 22. Eliz. The plaintant setteth forth in her Bill that she joyned with her husband in sale of part of her inheritance and after some discord growing betweene them they seperate themselves and one hundred pound of the money received upon sale of the Lands was allotted to the plaintant for her maintenance and put into the hands of Nicholas Mine Esquire and Bonds then given for the payment thereof unto Henry Golding deceased to the use of the plaintant which bonds are come to the defendant as administrator to the said Henry Golding deceased who refuseth to deliver the same to the plaintant and hereupon she prayeth reliefe the defendant doth demurre in Law because the plaintant sueth without her husband and it is ordered the defendant shall answer directly Mary Sanky alias Walgrave plaintant Goulding defendant An. 21. and 22. Eliz. The plaintant served the two defendants with one Subpoena but exhibited two Bills the defendants appeared and answered the one but not being served with any other Subpoena to answer the second departed whereupon an Attachment is awarded against them and ordered the defendants answering the second Bill be discharged of the Attachment Ap Rice plaintant Granoe Grannoe defendants An. 21. and 22. Eliz. The defendant demurred generally without shewing any manner of cause and therefore ordered that a Subpoena be awarded against him to make a perfect answer Duffield plaintant Greaves aliis defendants Anno 21. and 22. Eliz. The plaintant as sole Executor to Robert Maunder exâ—ibited a Bill against the defendants for the same matter for which the plaintant and David Gome as Executors to the same Maunder exhibited another Bill and ordered that both Bills should be referred and if both for one cause the defendants shall be dismissed from one of the Bils with costs Iohn Maunder plaintant Iohn Wright aliis defendants An. 21. and 22. Eliz. Christopher Askame hath made oath that Iohn Bleverhasset being a deponent in perpetuall Memory is dead and Iohn Harrison another of the deponents is and hath been of long time sick and not able to travell without danger of his life and that their depositions are very needful for the plaintant to be given in evidence in a matter now depending at the common Law Senhawes plaintant Senhawes aliis defendants An. 22. Eliz. The defend made oath the plaintant caused him to be served with a Subpoena the Saturday before the end of the Terme returnable the Thursday following being but two dayes before the end of the Terme he the defendant dwelling in Devonshire sevenscore miles distant from London wherefore the defend could not conveniently appear and make answer by the returne of the said Subpoena and yet neverthelesse the plaintant had procured out an Attachment against the defendant therefore and for that the plaintants Bill is but for evidences it is ordered the defend be discharged of the Attachment putting in his answer Smith plaint Weare defendant An. 21. and 22 Eliz. Upon certificate of Henry Vgheard and Thomas West two Commissioners that Thomas Marshall one of the defendants witnesses being warned by precept from them refused to appear before them and that Roger Taylor another witnesse appeared but refused to be examined because he sollicites the plaintants cause it is therefore ordered that the defendant shall examine before one of the examinors of this court before the end of this Terme as well the said Roger Taylor upon any Interrogatory which shall not be touching the secrecie of the title or of any other matter which he knoweth as sollicitor onely as also the said Marshall or any other necessary witnesse whereof the defendant shall first set down their names so that the plaintant may likewise examine them if he will Kelway plaintant Kelway defendant An. 22. Eliz. It is informed that the plaintant exhibited his Bill without a Councellors hand or retaining an Attorney and the same is for matter formerly decreed therefore ordered if cause be not shewed to the contrary and if the Bill be to bring the matter in question that was decreed then it is ta be dismissed Bingham plaintant Warren defendant Anno 22. Eliz. The defendant demurred upon the Bill for incertainty which was certaine enough And also for that all the parties are dwelling within the Jurisdiction of the Marches of Wales which is no cause of demurrer for title of Lands therefore ordered if cause be not shewed a Subpoena is awarded against the defendant to answer Keyes plaintant Hill uxor Defendants Anno 22. Eliz. The plaintant exhibits his Bill touching a practise and mis-behaviour supposed by the plaintant to be used by the
plainants Lendall and Batten defendants Anno 22. Eliz. Oath was made in the name of one Edward Iones that the defendant Eaton was sick and the rest impotent and not able to travell whereupon a Commission was awarded to take their answers in the Countrey now Edward Iones of Ruthin was called up at the plaintants suite by processe for perjury and alleadged he was not the party that made the oath and brought a Certificate to justifie he was at Ruthin when the oath was taken therefore he is dismissed Brearton plaint Eaton uxor aliis defendants Anno 22. Eliz. Griffen Price made oath that where the plaintant served a subpoena upon him to appeare before Commissioners to testifie on the plaintants party he the said plaintant did not give oâ— tender him the said Griffen any money for his charges and also that he was sick then and not able to travell therefore ordered the said Griffen be discharged of the processe of contempt gotten out against him for not being examined More plaintant Woreham defendant Anno 22. Eliz. The plaintant seeketh to have the defendant to assure him certaine lands sold him by the defendant in consideration of great sums of mony already paid for the same according to the promise of the defendant made in that behalfe the defendant demurreth for that the same promise was made within the Jurisdiction of Wales where both parties are dwelling but this seemeth to the Court no sufficient cause of demurrer and therefore ordered a Subp. be awarded to the defendant to answer Hatton plaintaint Prince defendant Anno 22. Eliz. The defendant took out a Commission to take his answer in the Countrey and returned a demurrer therefore the plaintant took out an attachment which this Court liked well for that the defendant did not directly answer yet in regard of an oath made for the defendants impotency a new Commission is granted to take his answer and discharged of the Attachment paying the ordinary Fees Paine aliis plaintants Carew defendant Anno 22. Eliz. The plaintant seekes to have Master Oldsworth examined touching a matter in variance wherein he hath beene of councell it is ordered hee shall not be compelled by Subpoena or otherwise to be examined upon any matter concerning the same wherein he the said Mr. Oldsworth was of councell either by the indifferent choyce of both parties or with either of them by reason of any Annnuity or Fee Dennis plaintant Codrington defendant Anno 22. Eliz. The said Coleman maketh oath the said Porter did deliver him a Billet in Paper and did shew him a thing in yellow Wax and told him it was a Subpoena but did not declare to him at whose suit therefore the said Porter is adjudged to pay to the defendant 20 s. costs for want of a Bill Porter plaintant Coleman defendant Anno 22. Eliz. The plaintant shewed by his Bill that he fraughted a Ship into Spaine which was there confiscate and all his goods for the defendants husband being Master of the Ship had an English Book found in the ship contrary to the Laws there which he was forewarned of and knew the Lawes and the defendants husband was condemned to the Gallies 14. yeares and sithence the plaintant as well for his own reliefe as for the reliefe of the defendant devised to obtaine license from her Majesty for transporting 60. Tuns of Bear yearly for eight yeares the commodity whereof to be equally between them and the Bill exhibited to her Majesty was in both their names and the party of the charge but the defendant cautiously got the same altered into her own name and hath sold the same away without yeelding the plaintant any profit The defendants doth demurre because she is a Feme covert it is ordered a Subpoena be awarded against her to make a better answer Castleton plaintant Alice Fitz-Williams defend Anno 22. Eliz. Thomas Iones made oath that a Writ of Injunction was left at the house of the defendant and the plaintant maketh oath the defendant hath proceeded in a suit in the Kings Bench contrary to an Injunction therefore an Attachment Bodnam plaintant Morgan defendant An. 22. Eliz. Lower plaintant Crudge defendant uxor aliis defendants Peter Prowse made oath the R. G. N. G. Io. B. and others having notice given unto them of an Injunction awarded out of this Court against the defend have disobeyed the same therefore an Attachment is awarded against them Anno 22. Eliz. Matthew Davis made oath that the defendant was served with a Billet of Paper at the plaintants suit and upon his appearance no Bill in Court against him therefore the plaintant is adjudged to pay the defend 30 s. costs Griffeth aliis plaintants Ap Ienn Ap Ienkins defendants An. 22. Eliz. The defendant maketh oath that all the parties are inhabiting and dwelling within the Jurisdiction of the Marches of Wales and for that it appeareth by the plaintants Bill that the matter therein contained is for a supposed Lease and for no title of land therefore the cause is dismissed and the plaintant referred to take his remedy before the Commissioners of the Marches of Wales Arden plaintant Veale and Veale defendants An. 22. Eliz. The defendant got a Writ of priviledge as Servant to the Lord Keeper and removed two severall suits against him by the plaintant in London forasmuch as the Lord Keeper declared in open Court that the defendant is not now his servant therefore ordered that the said two severall causes be remaunded into London and the defend not to be allowed priviledge of this Court Warren and Clerke plaintants Ralph Maynard defendant An. 21. Eliz. The plaintant seeketh to compell the defendants to make unto him a lease by reason of a promise made by William Allestre and Anthony Bat when they were Bayliffes of the said Town and ordered that the Corporation nor any person which heretofore have been nor which hereafter shall be Bayliffes of the said Town shall in any wise be charged as Bayliffes with the said promise but the plaintant if he will may take his remedy against the said Allestre and Bat not as Bayliffes but as common persons George Strainger plaintant Beynbridge and Edward Turnos late 's Bayliffes of Derby defendants Anno 21. Eliz. Nicholas Dyer made oath that the defendant hath broken an order made in this Court therefore an Attachment against him Margaret Stephens plaintant Iohn Bawden defend Anno 21. Eliz. Christopher Almy Christopher Frome Iames Wood aliis inhabitants de Magna Ashley plaintants Iames Pycroft defend the matter being for Hay Corne and Graffe upon oath not worth 40 s. It is by order dismissed for that it is of so small a Value An. 21. Eliz. Parrot aliis plaintants Pawlet defendant The suite being for the benefit of the poore of Drayton it is retained though under 40 s. per annum 21. Eliz.
The matter complained of by the Bill is for 5 l. debt for Fish therefore dismissed Foord Foord plaintants Richards defendant Anno 21. Eliz. Symonds Brocebridge made oath that the said Elizabeth and Anne two of the defendants are above the age of 70. yeares a peece and that the said William was comming up to London in his company and they were both robbed and William his horse taken from him whereby hee could not come to make his appearance therefore a Commission is granted to take all the said defendants answers in the countrey Hill plaintant Elizabeth Worley widdow William Stapleton and Anne his wife defendants Anno 21. Eliz. Memorand that the 20. day of February last Sir Nicholas Bacon Knight Lord Keeper of the Great Seale of England dyed at York house and the Seale being the same day sent for by the Lord Treasurer remained with the Queenes Majesty till the 12. day of April last on which day the same was delivered to Sir Tho. Bromly Knight Lord Chancellor of England Paschae 21. Eliz. Whereby an order of the 10. of Feb. last a Subpoena was awarded against the defendant to shew cause wherefore an award therein mentioned should not be ratified Now Mr. Flowerdew of councell on the defendants behalf informeth that the said award was not made by any order of this court and therefore desired that the said defend may not be compelled to performe the same It is ordered that Councell on both sides shall attend the morrow sevennight and then order shalll be taken Barkley Miles plaintant Moore defendant Anno 21. Eliz. The plaintant exhibited his Bill as a priviledged man to Sir Francis Kempe Prothonotary of this Court for Lands lying in the County Palatine of Chester and for that it appeared by Letters Patents openle shewed in Court under her Majesties Great Seale of England that this Court by any priviledge should not hold plea of any Lands lying within the said County Palatine It is therefore ordered to be dismissed if the plaintant shew not good cause William Lomley plaintant Thomas Greene Thomas Marlow Robert Taylor and Iames Wagge defendâ—nts An. 21. Eliz. The plaintant was adjudged to pay the defen. 37 s. 6 d. costs for that he being served with Subpoena in Hillar Terme appeared and by his answer disclaimed and yet after the plaintant served him with a Subpoena to rejoyne but afterwards the same costâ— were discharged by motion for that the defendant had before the costs put in his rejoynder but upon a disclaimer no costs is to be allowed Read plaintant Hawstead alias Lane defendants Anno 21. Eliz. The defendant was taken upon a Commission of Rebellion at the plaintants suite required his costs to be allowed him the Court asking the opinion of the Clerkes it was agreed with one consent that he should have his costs allowed therefore ordered accordingly Morgan plaint Ap Iohn Gowge defendant Anno 21. Eliz. The defendant maketh oath that he was served with a Billet in paper at the plaintants suit which Billet he lost by misfortune and upon his appearance no Bill is in Court against him therefore costs is awarded Brown alias Garris alias Pawdy plaintant Stoyck defend Anno 21. Eliz. The plaintant exhibited his Bill to examine witnesses in perpetuall memory touching a lease of Lands which hee and those by whom hee claimeth hath enjoyed 40. yeares the defendant by answer claimeth the Lands as Coppy-hold of inheritance to Mr. Sowthwell who is owner of the inheritance and within age and therefore prayed that no witnesses might be examined till Mr. Southwell be of full age and yet because the witnesses being old and may dye in the interim therefore a Subpoena is awarded against the defend to shew cause why a Commission should not be granted Hearing plaintant Fisher defendant An. 21. Eliz. Iohn Budden maketh oath that the defendants confessed unto him they were served with a Subpoena at the plaintants suite and have not appeared therefore an Attachment is granted Perry Ar plaintant Gatter alias Sharde and Cole defendants An. 21. Eliz. Upon the hearing of the matter for the Mannor of Laughtor and the Advowson of the Church of Laughton in the County of Bucking it appeared that the defendants and they from whom they claimed have beene in possession 100 yeares with divers discents therefore the defendants are dismissed Kinston plaintant Pigot aliis defendants Anno 21. Eliz. The defendant in Hillar Terme made oath that he could not answer without sight of evidences in the Country and having day given him he now hath put in no answer but a demurrer contrary to the orders of this Court therefore an attachment is awarded against the defendant Farmer aliis plaintants Fox defendant Anno 21. Eliz. Iohn Harry made oath for the serving of a Subpoena on the defendants to rejoyn therefore Munday next is given to the defendants to rejoyne or else to lose the benefit thereof Ioanes aliis plaintants Whitney Miles aliis defendants An. 21. Eliz. Whereas a Commission issued out to examine witnesses on both parties which is returned executed upon oath made by Giles Brever that he served precepts from the Commissioners upon W. S. Tho. Lin T. C. and Io. Peers to be examined on the defendants behalf before the said Commissioners who appeared not it is therefore ordered that a new Commission be awarded to the former Commissioners at the defendants charge as well to examine the said four witnesses as any other Shepheard plaintant Shepheard aliis Defendants An. 21. Eliz. The Duke of Northumberland acknowledged a Recognizance of 1000 Markes to the Lord Crumwell and after granted certaine Lands to the defendant afterwards both the Duke and the Lord Cromwell were attainted of Treason whereby the Recognizance came to the Queen and in her name was put in suit by one Lane to whom her Majesty had granted the same recognizance who sought to extend the defendants said Lands alone whereas there are divers other Lands to a great valew in other mens hands lyable to the said Recognizance therefore it is ordered that no Liberate goe out upon the said extent untill the Court order the same The Queenes Majesty plaintant Colborne defendant Anno 21. Eliz. The plaintant sought to be relieved upon an Obligation of 300 l. which he entred into to make a joyneture unto his wife in consideration of 174 l. promised to him by the defendant in marriage which was never paid unto him therefore an Injunction is awarded if cause be not shewed Osborne plaintant Havers defend An. 21. Eli. The plaintant and defendant both joyned in Commission to examine witnesses and the plaintant having the carriage of the Commission did not execute the same but did examine witnesses here in Court therefore ordered the defend should have a new CoÌ„mission to the former Commissioners wherein the plaintant might also examine if he list and
in the premises decreed for him One Executor gets the estate and dyeth the other sueth his Executor and ordered for him Feme covert sueth for maintenance put into anothers hands he demurrs but ordeâ—ed to answer One Subpoena served on two defendants two Bills exhibited ordered to answer both The defend demurred generally ordered to answer Two executors exhibite two Bills ordered to answer the one the other dismissed with costs Witnesses examined in perpetuall memory the one dead and the other sick moved to use their testimony A Subpoena served within two dayes of the Termes end the Attachment discharged answering The solliciter of the plaintant ordered to be examined with caution A Bill without a counsellors hand or Atturney retained dismissed Iurisdicton of Wales overuled Jurisdiction of Wales overruled The defend stayed by Injunction to pul down roomes to the prejudice of anothers rooms Upon a Commission warning given but to one defendant a new Câ—mmission is granted and the defendants to have the carriage A Subpoena left in the defendants Hall an Attachment Witnesses examined before the Towne Clark of Yoâ—k suppressed The server of a Subpoena imprisoned therefore Attachment against the defendant Iurisdiction of Wales admitted A rent reserved and paid the heire ordered to pay it A rent charge upon severall mens Lands and levied upon one an Injunction A dumb man is not to answer upon Subpoena Money paid for a reversion which could not be enjoyed ordered to repay the same No Witnesses to be examined till the defendants have answered An action against a drunken mans words seeketh reliefe but is dismissed A Subpoena shewed and offered Attachment for not appearing Witnesses examined 1. and 2. P. and M. ordered to prefer a Bill for publâ—cation Attachment discharged by supersedeas paying the ordinary Fees The defendants wife examined as a witnesse Suit upon a promise to surrender a lease dismissed Subpoena to testifie where no cause was depending discharged Jurisdictioâ— of the North allowed Jurisdiction of the Exchequer disallowed A Subpoena cauâ—elously served Attachment against the plaintant A Bill for tuition of an infant Costs for a witnesse served to testifie Deeds neglected to be inrolled a Subpoena to shew why not Jurisdiction of the Dutchy of Lancaster allowed The matter of asâ—umpsit reâ—ered to the common Law Feme sole sueth out a Subpoena and the same day is married dismissed with costs The plaint enters upon the defend possession ordered either a dismission or injunction Prohibition for sithes parcell of the Dutchy of Cornewall but consultation if cause be not shewed Perjuâ—y in mâ—king oath for impotency one of the same name sued for it and discharged A witnesse not able to travell discharged of contempt Jurisdiction of Wales not allowed for a promise A Commission to answer he returned a demurrer therefore Attachment A Councellor not to be examined of any matter wherein he hath been of Councell A Billet in paper served and no Bill in Court costs is awarded Feme covert whose husband is in the Gallies must answer matter of equity wherewith she is charged Injunction left at the defendants house and disobeyed an Attachment is awarded Consil. Costs for want of a Bill Iurisdiction of Wales allowed A Writ of priviledge disallowed Bayliffes of a Corporation not compellable to make a Lease Attachment for breaking an order in Court Suit for Hay Corn and grasse not worth 40 s. dismissed Suit for the poor of a parish under 40. s. per annum â—erained Attachment upon oath before the Portrive of Minxhead Confil. A decree for the plaint yet put out of possession by the defendant Defendant departing without license an Attachment Attachment discharged paying the plaintant 10 s. costs Liberty for a common Fishing A Bond put in suit for not performing an award stayed by Injunction Injunction to stay suit at common Law Commission of Rebellion for not payment of costs The defend discharged of the Attachment because the Subpoena was counterfeit An award ordered to be performed The defendant licensed to depart after answer in a writ of priviledge The defendant commiâ—ted to the Fleet for a Rescue brought an action for a false returne Subpoena against the plaintant to shew where he had his counterfeit Writs and answer his misdemeanor and pay costs Costs for want of a Bill Costs for want of a Bill the Billet being lost A demurrer without shewing any cause ordered to answer Five pound dismissed Commission to take the defendants answers they being 70 yeares old a peece 20. of Fâ—b Sir Nicholas Bacon dyed 12 of April the Seale delivered to Sir Thomas Bromley Councell on both sides to attend concerning the ratifying of an award Jurisdiction of Chester allowed No costs to be allowed upon a disclaimer Costs allowed the defendant being taken upon a Commission of rebellion Costs for want of a Bill the Billet lost A Commission to examine witnesses in perpetuall memory Attachment for not appearing Dismission for that they have been in possession 100. years Attachment for putting in a demurrer instead of an answer Day given to the defendant to rejoyne A new commission to examine witnesses because they appeared not before Not to extend one mans Lands onely where many are subject Injunction to stay suit at Common Law A new Commission to the defendant and publication is stayed of witnesses examined by the plaint in Court The defendant not to answer till a Counsellors hand be put to the Bill Dismission the Lands being under 40 s. per annum Injunction to stay a suite of Quo minus in the Exchequer Attachment against witnesses served to testifieâ— Attachment for costs Injunction to stay suits at common Law A demurrer generally ordered to answer The defendant charged upon account shall not answer if upon a pâ—omise he shall A Commission by consent to prove the receipt of rents fines and Woodsales The enâ—rance in Seldens discourse fol. 63 b.
amongst the most high and scient Magistrates of the Kingdome And when also the practising of the same should lye under so heavy a paine as the Praemunire This is to us a principall and implicit satisfaction and those Statutes ought not to be construed to extend to this case and this of it selfe we know is of far more force to move your Majesty then any opinion of ours because Kings are fittest to informe Kings and Chancellors to teach Chancellors and Judges to teach Judges but further out of out own science and profession we have thought fit to adde those further reasons and proofes very briefely because in case of so ancient a possession of jurisdiction we hold it not fit to amplifie The Statutes upon which the question grows are principally two whereof one is a Statute of Praemunire and the other is a Statute of simple prohibition that of Praemunire is the Statute of 27. E. 3. cap. 1. And the Statute of the simple prohibition is the Statute of 4. H. 4. cap. 23. There are divers other Statutes of both kinds but the question will rest principally upon those two as we conceive it For the Statute of 27. E. 3. it cannot in our opinions extend unto the Chancery for these reasons 1. First out of the mischiefe which the Statute provides and recites viz. That such suites and pleas against which the Statute is provided were in prejudice and disinherison of the King and his Crowne which cannot be applyed to the Chancery for the King cannot be disinherited of jurisdiction but either by a forreigner or by his Subject but never by his own Court 2. Out of the remedy which the Statute points viz. That the offendors shall be warned within two moneths to be before the King and his Councell or in his Chancery or before the Kings Justices of the one Bench or of the other c. By which words it is opposite in it selfe that the Chancery should give both the offence and the remedy 3. Out of penalty which is not only severe but hastily namely that the offenders shall be put out of the Kings protection which penalty altogether savors of adhering to fâ—rreine Jurisdictions and would never have been inflicted upon an excesse onely of jurisdiction in any of the Kings Courts as the Court of Chancery is 4. Out of the Statutes precedent and subsequent 25. E. 3. cap. 1. and 16. R. 2. cap. 5. which are of the same nature and cannot be applyed but to forraigne Courts for the word alibi or elsewhere is never used but where Rome is named specially before 5. The disjunctive in this Statute which onely gives the colour viz. That they which draw any out of the Realme in plea whereof the Cognizance pertaineth to the Kings Court or of things whereof Judgements be given in the Kings Court or which doe sue in any other Court to defeat or impeach the Judgements given to the Kings Court this last disjunction wee said which must go farther then Courts out of the Realme which are fully provided for by the former branch hath sufficient matter and effect to work upon in respect of such Courts which though they were totally within the Realme yet in jurisdiction were subordinate to the foâ—reigner such as were the Legates court the delegates court and in generall all the Ecclesiasticall courts within the Realme at that time as it is expressely construed in the Judges 50. E. 4. fol. 6. 6. In this the sight of the Record of the Petition doth cleare the doubt where the Subjects supplicate to the King to ordaine remedy against those which pursue in other courts then his own against Judgements given in his court which explaines the word other to be other then the Kings courts 7. With this agreeth notably the book of entries which translates the word in other court not in alia Curia but in aliena Curia 8. This Statute of vicesimo septimo E. 3. being in corroboration of the common Law as it selfe recites we doe not find in the Register any presidents of the Writs of adjura regia which are framed upon chiefe cases that were afterwards made penall by the Praemunire but onely against the Ecclesiasticall courts 9. Lastly we have not found any president at all of any conviction upon the Satutes of Praemunire of this nature for suits in Chancery but onely two or three Bills of Indictment preferred sed nihilinde venit for ought appears to us For the Statute of H. 4. that we doubt was made against proceeding within the Realme and not against forraigne and therefore hath no penalty annexed neverthelesse we conceive that it extends not to the Chancery in the case delivered for these reasons 1. First this Statute recites where the parties are made to come upon grievous paine sometimes before the King himselfe sometimes before the Kings Councell and sometimes in the Parliament to answer thereof anew c. Where it appeareth that the Chancery is not named which could not have been forgotten but was left out upon great reason because the Chancery is a court of ordinary Justice for matter of equity and the Statute meant onely to restraine extraordinary Commissions and such like proceedings 2. This appeares fully by view and comparing the two Petitions which were made the same Parliament of 4. H. 4. placed immediately the one before the other The first which was rejected by the King and the second whereupon this Statute was made whereof the first was to restraine the ordinary proceedings of Justice that is to say in the Chancery by name in the Exchequer and before the Kings Councell by processe of privy Seal unto which the King makes a Royall and prudent answer in these words The King will charge his Officers to be more sparing to send for his Subjects by such processe then heretofore they have beene but notwithstanding it is not his mind that the Officers shall so far obtaine but that they may call his Subjects before them in matters and causes necessary as it hath beene done in the time of his good Progenitors and then immediatly followes the Petition whereupon the Act now in question was made unto which the King gave his assent and wherein no mention is made at all of the Chancery or Exchequer 3. If the Chancery should be understood to be within the Statute yet the Statute extends not to this case for the words are that the Kings Subjects are driven to answer thereof anew which must be understood when the same matter formerly judged is put in issue or question againe but when the cause is called into the Chancery only upon point of equity there as the point of equity was never in question in the common Law Court so the point of Law or of fact as it concernes the Law is never in question in the Chancery so the same thing is not twice in question or as answered anew for the Chancery doth supply the Law and not crosse it 4. It appeareth
to our understanding by the cause of errour and attaint in the same Statute what Jurisdiction it was that the Statute meant to restraine viz. such Jurisdiction as did assume to reverse and undoe the Judgement as error or attaint doth which the Chancery never doth but leaves the Judgement in peace and onely meddles with the corrupt conscience of the party for if the Chancery should assume to reverse the Judgement in the point adjudged it is void as appeareth 39. E. 3. f. 14. 5. We find no presidents of any proâ—ceeding to conviction or Judgement upon any indictment framed or grounded upon this Statute no more then upon the Statute of Praemunire and the â—ate Indictments are contra diversa Statuta not mentioning the particular Statutes 6. Lastly it was a great mischiefe to force the Subject in al cases to seek remedy in equity before he knew whither the Law will help him or no which oftentimes he cannot do till after judgement and therefore he is to seek his salve properly when he hath his hurt There be divers other things of weight which we have seene and considered of whereupon we have grounded our opinion but we goe no further upon that we have seene But because matters of presidents is greatly considerable in this case and that we have been attended by the Clerks of the Chancery with the presidents of that Court and have not been yet attended by any officer of the Kings Bench with any president of judgements if it shall please your Majesty faithfull report of them as we have done of the other all which c. Francis Bacon Hen. Mountague Randall Crew Hen. Yelverton Iohn Walter Now forasmuch as Mercy and Justice be the true supports of your Royall Throne and that it properly belongeth to us in our Princely office to take care and provide that our Subjects have equall and indifferent Justice ministred to them and that where their case deserveth to be relieved in course of equity by suit in our Court of Chancery they should not be abandoned and exposed to perish under the Rigor and extremity of our Lawes we in our Princely judgement having well weighed and with mature deliberation considered of the said severall reports of our learned Councell and of all the parts of them doe approve ratifie and confirme as well the practise of our court of Chancery expressed in the first Certificate as their opinions for the Law upon the Statutes mentioned in their latter Certificate the same having relation to the case sent them by our said Chancellor and doe will and command that our Chancellor or Keeper of the Great Seale for the time being shall not hereafter desist unto our Subjects upon their severall complaints now or hereafter to be made such reliefe in equity notwithstanding any former proceedings at the common Law against them as shall stand with true merits and Justice of their cases and with the former ancient and continued practise and proceeding of our Chancery and for that it appertaineth to our Princely care and office onely to Judge over all our Iudges and to discerne and determine such differences as at any time may or shall arise between our severall courts touching the jurisdictions and the same to settle and decide as we in our Princely wisdome shall find to stand most with our Honor and the example of our Royall Progenitors in the best times and the generall weale and good of our people for which we are to answer unto God who hath placed us over them Our will and pleasure is that our whole proceedings herein by the decrees formerly set down be inrolled in our court of Chancery there to remaine of record for the better extinguishing of the like questions or differences that may arrise in future times Per ipsum Regem Fran. Bacon Hen. Yelverton Decimo octavo Iulii Anno 14. R. Regis c. FINIS Payment after the day upon bonds holpen Condition to undoe estates in Lands Giving day to one it shall help the other Payment without acquittance Lessees damages in waste moderated by the death of the Lessor The greater part of the debt paid and the rest offered relieved in Chancery Purchasor of parcell of land not snbject to the whole rent charge Suing in a wrong County Copyholders Not to examine any Judgement given at the common Law Dyer â—01 and 301. Atturnement Atturnement denyed but in some Cases Fineâ— Recoveries c. Mulier and Bastard Warranty Extentâ— Lawes Nudum pactum Wager of Law No seizin of a reâ—t seck Possessio so oris in Copâ—yhold Copyhold Possession of the Mother for the hâ—r Collaterall Copyhold devise Copyhold forfeited for cutting of Trees during minority Tenant right Fines for alienation of the Tenant but not of the Lord Payment of Creditors out of a Copyhold forfeited by Morgage Lease paroll Marriage poâ—tion recovered at common Law and reversed in the Exchequer holpen in Chancery Perpetuities Lease for 1000 yeares Statute lands bought with Money lent prâ—oâ—ity â—ans Covyn Bailement sans consideration countermanded Voide limitation de Lease in vol. Cook lib. 8.95 Ravishment de gâ—rd Survivor in Joynt Tenaâ—cy de Lease Feoffees to use Notice of the use If my Feoffee dye I have no remedy against his Heir The Feoffee shall doe Acts for the Feoffors good They may grant Offices but not annuities Fees to councell Money given to buy Lands The Feoffee shall retain the Land to his own use fur-attain der de felony Intent specified in a Feoffment to use Uses of gavell kinde at the common Law 26. H. 8. Dy. 6. Cesti que use de tearme de ans. Jurament delatum a parte AEquitas sequitur legem Things left to the conscience of the party Help in Chancery against Executors Surety The surety chargeable To help the surety No other reliefe for the surety then for the principall Purchasor Fraud upon fraud Feoffee punishable for making Estate at the wives request during the Coverture No reliefe against his own deed Release of joint Feoffee Subpoena gainst one appointed by will to sell To discharge himselfe of a bond is permitted in equity Forced to sue an Obligation Executor shall not release a bond without his Co-partner Executors shall not answer without his Copartners Copartners to joyne in Plea or presentment One deed by which two claime severally Where remedy at common Law no help here Goods of Felons granted which are difficult to prove Bringing evidence into Court Justifying detaining of evidences Tenants of the Land uncertaine Tenants in common to know the certainty Supply of true meanning in Feoffments To bring in an obligation to be cancelled Money paid upon Obligation single or single Statute not compelled here to cancell it Yet upon a morgage he shall be compelled to bring in the indenture to be cancelled here Lands sold in two counties and livery made onely in one Leassor to have the woods leaving sufficient booteâ— Messuage cum pertin. carries the land used with it Mannor demised