as is aforesaid By pretence wherof the said G. B. about the same time came to the said house of your said Orator and remained there with your said Orator vntill about the second day of February then next following during all which time your said Orator at his owne proper costes and charges did prouide and finde for and vnto the said G. B. all manner of necessary meat drinke lodging apparrell and all other things necessary for him About which second of Februarie the said G. B. pretending to continue his said fauour and good will towards your said Orator by the like counsell meanes and perswasion of the said euill disposed persons and by their compact and agreement did demise and lease vnto your said Orator all or the most part of all the said messuage tenements and premisses that he the said G. B. so had as is aforesaid by discent from his said father to haue and to holdeth said tenements and premisses with the appurtenances to him his executors and assignes from the feast of the Annunciation of the blessed virgin Mary then next ensuing vnto the end and terme of three yeares thence next ensuing your said Orator his assignes yeelding paying therefore at the ende and expiration of the said terme of three yeares xx pounds of lawfull English money And also finding vnto the said G. B. during the said time of three yeares conuenient lodging meat drink and apparrell and also keeping for the said G. B. twenty sheepe by reason of which demise your said Orator about the said feast of the Annunciation of the blessed virgin Marie did enter into the saide demised messuages tenements and premisses and occupied the same messuages tenements and premisses by the space of two yeares or thereabouts and during the same time did at his owne costes and charges prouide find vnto the said G. B. conuenient meat drink lodging and apparrell and also his xx sheepe according to the said agreement and besides those xx fortie sheepe more at the least to the charges of your said Orator of one hundred Markes at the least But now so it is if it may please your honorable Lordship to vnderstand that about the first day of March which was into the two and thirtie yeare of our Soueraigne Lady the Queenes Maiesties raigne that now is your said Orator hauing then inned into the Barnes of the said tenements and premisses forty loads of Hay or thereabouts part thereof did grow vpon the said tenements and premisses but the most part thereof was brought from other places and hauing also manâ—red the said grounds to his exceeding great costs and charges the said G. B. being then of full age by the like perswasion and procurement of the persons abouesaid did enter into the said demised tenements and premisses whereof your said Orator was then quietly possessed as he then found the same And he together with the said A. E. I. M. W. N. C. H. M. N. H W. H. H. G. did take away and conuert to their owne vses the most part of the said forty loades of Hay or thereabouts to the value of twenty markes at the least By meanes whereof your said Orator hauing against the Winter before prouided greate store of beastes and cattell for to haue eaten the said Hay for the sustenance of them he was inforced to buy and did buy a great quantitie of Hay at an excessiue price or else to haue famished the most of his said beasts for want of fodder which was to the great losse and damage of your said Orator Neuertheles the said G. B. by the like counsel and perswasion of the said euill disposed persons albeit he hath beene sundry times gently required by your said Orator to make vnto him some reasonable recompence and satisfaction for the losse of his said terme and his other damages and for such costes and charges as he had bestowed for the manuring and bettering of the said grounds so to him demised and for such costes and charges as he your said Orator did sustaine and beare for and by reason of the keeping and maintaining of him the said G. B. as is aforesaid with apparrell meat drink and lodging he vtterly denieth and refuseth to yeeld vnto him any manner of satisfaction or recompence for the same or part thereof alleaging that at the time of the making of the said seuerall contractes he was within the age of xxi yeares and therefore and for the incertainty some of the same contracts be meerely void in law And not so contented doth yet by the like counsell perswasion of the said euill disposed persons sue your poore Orator for the occupation and vse of the said grounds and for the profits and commodities thereof during the foresaid terme Notwithstanding that he himselfe and his said confederates did so as is aforesaid vniustly take away your Orators said Hay being of farre more value then the profites which he euer receiued for or by the grounds so to him demised did amount vnto against all right equitie or good conscience In tender consideration whereof and for so much as your said Orator is a verie poore man and hath no ordinarie remedie by the strict course of the common lawes of this realme and dominion of England either to defend himselfe in the said suit or to recouer any thing at all against the foresaid G. B. as well by reason that the sayd seuerall contracts and agreements were so vncertainly made as is aforesaid with him being at the making hereof an infant as for that the same contracts agreements were made priuately betweene your foresaid Orator and him the said G. B. few or none being present thereat which can testifie the same neither can your said Orator set downe in certain how much of his said Hay they did so take and carie away and yet is there great cause in equity why your said Orator should be relieued for the same in this honorable court It may therefore please your honorable Lordship the premisses gratiously coÌ„sidered to grant vnto your said Orator the Q. maiesties most gracious seuerall writs of Subpena to be directed vnto the said G. B. A. E. I. M. W. M. T. C. H. M. N. H. W. H. H. G. euery of them thereby commanding them and euery of them vnder a certaine paine and at a certaine day therein to be limitted and appointed to be and personally to appeare before your Honorable Lordship in her Maiesties most high Court of Chancerie then there to answere vnto the premisses and to abide such further order direction therein as to your honorable Lordship shall seeme to stand with right equitie and good conscience And your sayd Orator shall dayly pray vnto almighty God for the preseruation of your Honorable Lordship in good health long to continue with much encrease of honor c. A Bill of debt vppon a contract against the suruiuing partner or ioynt chapman and thadministrator of thother IN most
Now of certaine writs and commissions issuing thence and there also reâ—ournable The maner of proceeding vpon a speciall Certiorari THe party grieued exhibiteth his bill and by the same prayeth not Sect. 192. only a speciall Certiorari but also a Subp against the def to answere to his bill as appeareth by the last two bils And if the Lord Chauncelor Lord Keeper or Maister of the Rols shall see good and probable matter in the bill they vsually graunt the same taking bond of the plaintife for the proofe of the surmises of his bill within foureteene daies after the retourne of his speciall Certiorari which writ of Certiorari followeth in haec verba Elizabeth Dei gratia Angliae Franciae Hyberniae Regina fidei defensor c. Maiori Vicecomitibus London salutem volentes certis de causis certiorari super causa captionis detentionis R. S. in prisona sub custodia vestra vos praefati vicecomites detenti vt dicitur vobis mandamus quod causam praedictam cum omnibus eam tangentibus quocunque nomine idem R. in causa illa censeatur nobis in Cancellariam nostram in quindena pasche prox futurÌ„ vbicunque tunc fuerit sub sigillis vestris distincte aperte mittatis hoc breue teste c. And if the pl do not make proofe of the surmise of his bill as aforesaid then vpon certificat made vnder the hands of the examiners of this Court and notice from the plaintifes Attourney that he hath not examined any witnesses either in this Court or by Commission then a Procedendo is graunted of course But if there be witnesses examined then to haue their examinations referred to a Master of the Chancery And if he finde and so certifie that the plaintife hath proued the substance of his bill then the cause to be reteined ordered in this Court if not then a Procedendo to proceede for the remuanding of the said cause A Corpus cum causa to remoue a Prisoner REgina c. Maiori Vicecomitibus Lond ' salutem Mandamus Sect. 193. vobis quod R. S. quocunque nomine censeatÌ„ captum in prisona sub custodia vestra vos praefatÌ„ VicecomitÌ„ detentÌ„ vt dicitur habeatis coram nobis in CancellarÌ„ nostra tali die proximÌ„ futurÌ„ vbicunque tunc fuerit vna cum causa captionis detentionis ipsius R. in prisona praedict ' Et hoc nullatenus omittatÌ„ Et habeatis ibi hoc breue Teste c. This writ is graunted by the L. Chauncelor L. Keeper or Master of the Rolles for the most part vpon a Bill exhibited and good baile put into the Court for the parties apparance and foorth comming de die in diem or further time as the Court shall thinke fit whereby many of her Maiesties subiects are verie much relieued in hard and extreame causes lying often times in prison vpon great actions surmised against them without iust cause and thereby not able to put in such bayle as the common Lawe doth require in such cases Of a writ of Diem clausit extremum THis writ is to be sued foorth by the heire of the kings Tenant in Sect ' 194. chiefe within a yeare after the death of his auncester or a Commission of the same effect And an Office or Inquisition being thereupon taken and retorned such heire may haue liuerie of his lands out of the kings hands for if the lands of such tenant exceede the yearely value of v. li. no Liuerie thereof can be sued before such Inquisition or office found and retorned by vertue of such writ or Commission And such writ or Commission may not passe but by warrant or bill first signed and subscribed with the hands and names of the Master of the Wardes and Liueries the Surueior of the Liueries and the Attorney of the Court of Wardes Liueries or some of them 33. H. 8. cap. 22. The forme of which writ insueth Rex Eschaetori in comitÌ„ Eb. salutem Quia I. qui de nobis tenuit in capite Diem clausit extremum vt accepimus Tibi praecipimus qd ' oiÌ„a terras tenÌ„ta de quibus idem I. fuit sâ—isitus in dnÌ„ico suo vt de feod ' in balliua tua die quo obijt sine dilatione capÌ„ in manuÌ„ nrÌ„aÌ„ ea saluo custodiri facias donec aliud inde praeciperimus Et per sacramentum proborum legalium hominuÌ„ de eadem balliua tua per quos rei veritas melius sciri poterit diligenter inquiras quantum terrÌ„ tenÌ„torum praedictus I. tenuit de nobis in capite tam in dominico quaÌ„ in seruitio in dict' balliua tua dict' die quo obijt quantum de alijs per quod seruitium quantum terrÌ„ tenÌ„ta illa valeant per annum in omnibus exitibus quo die idem I. obijt quis propinquior haeres eius sit cuius aetatis Et inquisitionem inde distincte aperte factam nobis in Cancellar ' nostram sub sigillo tuo sigillis eorum per quos facta fuerit sine dilatione mittas c. Et hoc breue T. c. But if one that holdeth of the Queenes ward by knights seruice die the Diem clausit c. must be thus Regina dilecto c. Quia I. de S. qui de haered ' W. de O. defunct ' qui de nobis tenuit in capite infra aetatem in custodia nostra existentÌ„ tenuit per seruic ' MilitarÌ„ Diem clausit extremum vt accepimus Tibi praecipimus quod omnia terrÌ„ tenÌ„tÌ„ c. per sacramentum c. quantum terrarum tenementorum idem I. tenuit de haered ' praedictÌ„ Et quis propinquior haeres eius sit c. vt supra And if the Queenes warde Thus Regina c. Quia R. de H. filius haeres I. de H. defuncti qui de nobis tenuit in capite nuper dum infra aetatem in custod ' nostra fuit Diem clausit extremum vt accepimus Tibi praecipimus quod per sacramentum c. inquiras quae terrae quae tenÌ„ta per mortem praedicâ— I. ratione minoris aetatis haered ' praedictÌ„ I. ad manus nrÌ„as deuenerÌ„ sic in manu nostrÌ„ existunt quantum inde de nobistenetur in capite quantum de alijs per quod seruitium quantum c. But if the wife of the Queenes tenant which holdeth in Dower dye his Heire being the Queenes warde then the Diem clausit extremum must be made thus Rex dilecto sibi N. de B. Maiori ciuitatis suae London Eschaetori suo in eadem Ciuitate salutem Quia E. quae fuit vxor I. de B. nuper defunct ' quae quasdam terras quaedam tenementa de nobis tenuit in dotem de haereditate pÌ„dict ' I. quondam virisui Diem clausit extremum vt accepimus Tibi
that now is and of euery or any of them or by or in the name of any other person or persons by the consents meanes procurements of them or any of them shall thenceforth surcease and be no further proceeded in by them nor any of them or by the means consent or procuremēt of them or any of them And before the c. be vtterly discontinued and made void ✿ And the said Arbitrators do further award order deeme and iudge by these presents that for the sure payment of the said summe of 400. pounds the said I. S. and G. S. within two daies next after tender or deliuery of the one part of this present award to the said I. S. shall well and sufficiently make seale and deliuer as their deeds to the said T. W. in c. one Obligation or writing obligatorie sufficient in the lawe wherein and wherby the said I. S. and G. S. shal acknowledge themselues and either of them to be ioyntly and seuerally bounden to the said T. W. in the summe of 800. pounds of c. with condition thereupon in due forme of law indorced for the sure paiment of the said summe of 200. li. parcell of 400. li. at or in the c. before c. And the other 200. li. residue of the said summe of 400. li. at or before the c. and at c. ✿ Also the said Arbitrators do further award c. that the said I. S. his executors or administrators or some of them shall and will before the c. at his and their owne proper costes and charges cause and procure to be cancelled and made void one recognisance of 200. li. bearing date the c. knowledged and inrolled in the Q. maiesties high court of Chancerie wherein and whereby the said T. W. standeth bounden to the said I. S. in the said summe with condition thereunto annexed That if the said T. W. his heires executors and administrators euery of them should well truely obserue performe fulfil keepe all euery the couenants grants articles agreements which on his and their parts were to be obserued performed fulfilled kept cōtained and specified in one Indenture bearing date the c. had and made betweene the said T. W. on the one partie and the said I. S. on the other partie concerning the marriage of W. W sonne heire apparant of the said T. W. and A. S. daughter of the said I. S. according to the true intent purport effect of the said Indenture That then the said Recognizance to be void and of no effect or else to stand c. as by the said Recognizance Indenture more plainly and at large appeareth ✿ And also that the said I. S. his executors or administrators or some of them shall and will before the feast of c. deliuer or cause to be deliuered vnto the said T. W. his executors or administrators or some of them in the said now dwelling house of the said T. W. aforesaid the said Indenture of couenants concerning the foresaid marriage cancelled or to be cancelled In witnesse whereof the said Arbitrators to both partes of this present award indented haue set their hands and seales Dated c. An Arbitrement or award of debt made by an Earle vpon submission by bond TO all true Christian people to whom this present writing of award Sect. 47. indented shal come The right Ho. G. Earle Marshal of England c. sendeth greeting c. Whereas diuerse suits variances cōtrouersies debates heretofore haue bin had moued depending between T. G. of T. in the coūtie of Y. yeomā on the one partie F. M. of D. in y◠said coūtie gentlemā on the other partie For pacifying ordering ending wherof the said T. G. F. M. haue bound themselues either to other in the sum̄ of 400. l of c. by their seueral oblig bearing date c. now last past with cōdition there vnder writtē to stād to abide performe fulfil keepe the award order rule doome iudgemēt determination of the said Earle indifferently elected chosen by the mutual cōsent at the earnest hūble request petition of both the said parties to arbitrate award order iudge determine of for cōcerning al al maner of actions suites quarrels debts duties demaunds whatsoeuer had moued or depēding or which hereafter might be had moued or depend between the said parties by reason of any matter thing or things whatsoeuer accrued or growē frō the beginning of the world vntill the day of the date of the same oblig So that the same award were made in writing indented vnder the hand seale of the said Earle before the xix day of c. th one part of the same writing indented deliuered or caused to be deliuered by the said Earle to the said T. G. his executors c. or any of them or to their or any of their vse vpon or before the said xix day of c. at or in the now māsion or Manor house of the said Earle called S. in c. the other part thereof to the said F. M. c. vt sup̄ as by the said oblig conditions thereof doth may more at large appeare ✿ Know you now that the said Earle of his meere good will fauour which he beareth to both the said parties of y◠great honorable respect which he hath of their future quietnes taking vpon him the charge burden of the said award hauing deliberatly at sundry times at large heard considered the griefs allegations proofes of both the said parties doth by these presents arbitrate award order deeme iudge of concerning the premisses in maner forme following viz. ✿ That the said F. M his c. or some of them shall well truely pay or cause to be paid vnto the said T. G. his c. or some of them the sum of 160. l of c. in the c. in maner forme following viz. vpon c. 80. l therof and vpon c. other 80. l therof residue in full paiment satisfaction of the said sum of 160. l ✿ And that in consideration thereof the said T. G. shall permit suffer all suits actions quarrels debts duties and demands growen before the date of the said oblig to cease be discontinued and no further prosecuted by him or any other by his procurement ✿ And furthermore for as much as the said F. M. is charged as is aforesaid for the paimēt of the said sum of 160. l partly by reason of a iudgment heretofore giuē for the said T. G. against one L. S. in the Q. Maiesties court cōmonly called the K. bench in an actiō of debt in which the said T. G. hath recouered against the said L. S. 285. l and 4. d. as by the record thereof remaining in the said court appeareth His honor doth further award by these presents in reliefe ease of the said F. M. that if the said F. M. his c. or any of them do well and truely pay or cause to
69. exhibited into this honorable Court is very incertaine vntrue and insufficient in the Law to be answered vnto by the said defendant for diuers and sundry apparant faults imperfections therein contained And deuised and exhibited into this honourable Court partly of malice and euill will without any iust cause conceiued against the said defendant to the intent thereby vniustly to vexe molest him with tedious trauell being an aged man and to put him vnto great expences being very poore But chiefely to thintent and purpose to wearie impouerish and terrifie him this defendant Neuerthelesse if by the order of this honorable Court this defendant shal be compelled to make any further or other aunswere vnto the said vntrue incertaine insufficient bil of complaint then and not otherwise the aduantage of exception thereof to this defendant at all and euerie time and times hereafter saued for further answere thereunto and for a full and plaine declaration of the trueth touching so much of the materiall contents of the said bill as in any sort concerneth this defendant He for himselfe saith that whereas the said complainant in his said bill alleageth that one H. E. his father deceased was in his life time by good and lawfull conueyance and assurance in the Law lawfully seised to him and his heires in fee simple according to the custome of the said manor of W. in the saide bill mentioned of one copyhold or customarie mesuage or tenement and of certaine customarie lands meadowes and pasture to the quantitie of an hundred acres or thereabouts and that he being thereof so seised and visited with sicknes during the minoritie of the said Complainant by good and lawfull conueiance and assurancein the Lawe and according to the Custome of the said manor of W. did conuey assure and surrender the same Copyhold or Customarie mesuage or tenement and other the premisses with the appurtenances thereunto belonging for his better maintenance to the vse of the said cōplainant To haue and to hold to the said complainant and to his heires and assignes at the will of the said Lord according to the custome of the said manor And that by force thereof the said complainant in the Court of the saide manor paid his fine and was of the said copyhold or customarie tenements with thappurtenances by the then steward of the said manor of W. admitted tenant He this defendant saith that to his knowledge the said H. E. late father of the said complainant was neuer either lawfully seised to him and to his heires according to the custome of the said manor of W. of the said tenements and premisses in the said bill mentioned by any good and lawfull conueyance and assurance in the law according to the custome of the said manor Nor did euer conuey assure and surrender the said customarie tenements and other the premisses to the vse of the said complainant his heires and assignes Neither did the said complainant euer pay his fine for the same in the saide court neither was he euer lawfully admitted tenant thereof as he the said complainant in his said bill vntruely pretendeth And whereas the said complainant in his said bill also pretendeth that the euidences and copies of and concerning the said mesuage lands tenements and premisses being left in the hands custody possession of the said complainants father whilest he liued in right belonging vnto this complainant are now by casuall meanes comen to the hands and possession of this defendant and that he by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made conueyed to himselfe and to others to his vse diuers and sundry secret estates therein and doth pretend thereof wholly to disinherite the said complainant This defendant saith that none euidences or copies of or concerning the said mesuage tenements and premisses are by casuall meanes or otherwise come to the hands or possession of this defendant and that by colour of hauing thereof he this defendant neither wrongfully entred into the said mesuage tenements and premisses nor any part thereof neither hath he this defendant conueyed to himselfe or to any other person to his vse diuers and sundrie or anie secrete estates thereof neither doth he pretend thereof wholly to distinherite the said complaint as in the said bill it is vntruely alleaged without that that the said complainant by diuers and sundrie meanes in friendly manner hath oftentimes sought to haue the saideuidences and copies and requested the same at the handes of this defendant And also that he would yeeld vnto your said Orator the quiet possession of the said mesuage tenements and premisses or that he this defendant doth well know the same in right to belong vnto him the said complainant as in the said bill it is vntruely alleaged And without that y◠he this defendant of malice against the said complainant doth threaten him the said coōplainant in such sort that he for want of the said euidences dareth not make his iust lawfull entrie or claime to in the same premisses or that he the said defendant hath or could commit or doth or can continue daily committing great outragious wastes and spoiles in decaying of the houses and felling downe of the woods and timber trees of the premisses to the great losse and disherison of the said complainant and contrarie to all right equitie and good conscience as in and by his said bill of complaint he hath most vainely and vntruely alleaged For touching the said supposed threats this defendant saith that he is a verie feeble poore olde quiet man verie desirous of the fauour and good will of all men and therfore neither willing nor able by his threats to terrifie or feare the said complainant being a gentleman of worship power and liuing hauing many kinsfolkes alies friendes and seruants so that he this defendāt hath rather iust cause to be affraid of the said complainant then the said complainant to feare him And further touching the said wastes and spoyles this defendant saith that the said customarie or Copihold in W. aforesaid are holden of the manor of W. aforesaid And without that that the said complainant hath or euer had anie lawfull title to commence anie action or suite or to make anie entrie against or vpon this defendant for anie landes tenements or hereditaments in the said bill of complaint mentioned as it is therein vntruely alleaged And without that that this defendant can vpon his corporall Oath manifest such matter whereby the saide complainant may the more better easily and readily proceed and attain to the recouering of anie iust or lawfull right or inheritance or in anie other maner then in this answere is set downe as the said complainant vnwisely gesseth and most bainely hopeth as he in his said bill alleageth And without that that any other matter thing or things clause sentence article or allegation in the said bill of complaint conteined
materiall or effectuall in the law to be answered vnto by this defendant and not herein confessed and auoided denied or trauersed is true All which matters this defendant is ready to auerre and proue as this honorable Court shall award And therefore prayeth to be dismissed out of the same with his reasonable costes and charges in this behalfe wrongfully and without cause sustained The Replication of H. E. Esquier complainant to the Answere of H. H. defendant THe said Complaynant for Replication saith that he will auerre Sect. 70. maintaine and iustifie his said bill of cōplaint into this honorable Court exhibited and euery matter and thing therein conteined to be certeine true and sufficient in the Law to be answered vnto by the said defendant And not deuised and exhibited into this honorable Court of any malice or euill will but vpon iust cause conceiued against the said defendant as the said defendant in his answere vntruely hath alleaged And for further replication saith that the said H. E. late father of this Repliant was lawfully seised to him to his heires according to the custome of the said manor of W. of the said tenements and other things in the said bill mencioned by good lawfull conueyance and assurance in the law according to the custome of the said manor And did conuay assure and surrender the said customarie tenements premisses to the vse of the said Repliant and of his heires and the said complainant did pay his fine therefore and was lawfully admitted tenant thereof as he the said complainant in his said bill very truely pretendeth And also he saith that the euidences and copies of and concerning the said tenements and premisses are comen to the hands of the said defendant and that by colour thereof the said defendant hath wrongfully entred into the said mesuage tenements premisses hath conuayed to himselfe and to others to his vse diuers sundry secret estates therein as in his said bill of complaint is also most truely declared And that the said complainaut hath oftentimes sought requested to haue the said writings copies euidences at the hands of the said defendant And also that he would yeld vnto him the quiet possession of the said mesuage premisses And also that the said defendant hath and still doth commit and continue daily committing great and outragious wastes spoiles in decaying of the houses and felling downe of the woods and timber trees of the premisses to the losse and disherison of him this complaynant as in the said bill of complaint is truely alleaged And without that that any other matter or thing contained in the said answere material or effectual to be replied vnto and not herein sufficiently confessed or auoided trauersed or denied is true All which this complainant is ready to auerre and proue as this honorable Court shall award And praieth as he before in his said bill of complaint hath praied A Bill to stay suite at the common law vpon an obligation because the money is satisfied in diuers payments and reckonings IN most humble wise complayning sheweth to your good Lordship Sect. 71. Fr. M. That whereas one H. B. of D. in the Countie of D. Esquier now deceased hauing many daughters to aduaunce which were then but of tender yeares did about one and twentie yeares now last past make his last will and testament in writing and by the same did giue and deuise amongst diuers and sundrie other legacies amounting to a verie great value the summe of one hundred pounds to A. one of his daughters and of his said last will testament did nominate cōstitute and appoint your said Orator and one G. R. Esquier being his neere kinseman assured good friend his executors but also did commit the gouernment education of his said children vnto them and after died By and after whose decease and before the probate of the said last will testament the said R. died by reason whereof your said Orator alone proued the said will and tooke vpon him the execution of the same and afterward one I. W. being a mā very basely borne of very little credit did without the priuity consent or good liking of your said Orator or of any other to whom the said H. B. had committed the gouernment and education of his said children cōtract himselfe with the said Anne and with her did marie After which mariage albeit your said Orator greatly misliked therewith and that the said H. B. had bequeathed vnto the said Anne but the summe of one hundred pounds yet your said Orator in respect of the neere aliance betweene him the said children and to the end they should liue in the better credite accompt was amongst y◠rest contented to bestow on the said Anne one hundred pounds more then hir said father bequeathed vnto hir thereupon at the speciall request earnest suit of the said I. W. the said Anne then being his wife and for their better credit aduancement preferment did not only presently pay and deliuer to the said I. W. in ready money the summe of 50. pounds parcell of the said summe of one hundred pounds so bequeathed to the said A. his wife as is aforesaid but also became bound vnto the said I. W. in the summe of an hundred poundes for the paiment of fiftie pounds more at certaine times in the condition of the said Obligation mencioned which amounted to the full summe of one hundred pounds so bequeathed as is aforesaid to the said Anne And then also became bound vnto the said I. W. in one other bond in the summe of 200. pounds for the payment of one hundred pounds at certaine times in the condition of the said obligation limited which your said Orator of his owne liberalitie and for the aduancement of the aforesaid Anne gaue vnto her sithence which bondes so made the said I. W. hauing had manie occasiōs to vse money hath often made means to your said Orator to relieue his necessitie therein before such time as the same summes or anie of them grew due vnto him to be paide by the said seuerall Obligations by reason whereof your said Orator about the sixt daie of Iuly in the two and thirtieth yeere of the Queenes Maiesties raigne that now is paid and deliuered vnto the said I. W. the summe of fiftie pounds more in part of paiment and satisfaction of the said summe of one hundred and fiftie pounds growing by the said two seuerall obligations wherin your said Orator standeth so bound as is aforesaid and your said Orotor likewise paid and deliuered vnto the said I. W. at such times as the said I. W. hath demaunded the same diuers seuerall summes of money amounting in the whole to the summe of 21. l' 8. s̄ which the said I. W. hath accepted in part of paiment of the said summe of 150. pounds and which the said I. W. knoweth to be true and also your said
assurance making or entring into bond to the saide defendants as aforesaid to the great impouerishment of the said defendants if the said complainants entent had taken effect for which causes they the said defendantes thinke that the saide complainant hath no iust cause of complaint neither are they the said defendants or either of them bound as they take it to performe the said paiments in the saide bill expressed without that that the said agreement was priuately and secrettly made betweene the said complainant and the said defendants as in the said bill is most vntruly alleaged or that the said defendantes euer meant any fraud or guile as likewise in the said bill is very slaunderously pretended And without that that any other matter or thing in the said bill of complaint contained materiall or effectuall in the law to be aunswered vnto and in this their aunswere not sufficiently aunswered vnto confessed and auoided trauersed or denied is true all which matters these defendants and either of them are readie to auerre and proue as this honorable Court shall awarde and pray that they may be dismissed out of the said Court with their reasonable costs and charges in that behalfe wrongfully and without cause sustained The Replication of Io. S. complainant vnto the ioynt and seuerall answeres and demurrers of I. M. and P. M. defendants THE said complainant for replication saith in all and euerie thing Sect ' 82. and things as he in his said bill of complaint hath said and doth and will auerre iustifie and maintaine his said bill of complaint and all and euery thing and things clause sentence article and allegation therein contained to be good iust and true certaine and sufficient in the law to be answered vnto by the said defendant and deuised exhibited into this honorable court vpon good and iust cause of suite as in and by the said bill is most truely set downe and disclosed And not deuised imagined set forth by this coÌ„plainant against the said defendants vpon malice or set purpose to put these defendaÌ„ts to wrongfull and verie vniust vexation costes charges and suit in law without any good ground or cause so to doe as in the said answere it is vntruly alleaged But the said complainant saith that the answeres of the said defendants are verie vncertaine vntrue and insufficient in the law to be replied vnto for diuers and manifest imperfections therin contained Neuerthelesse if by the order of this honorable Court this complainant shall be compelled to make any further replication vnto the said vntrue incertaine and insufficient answeres of the said defendants then and not otherwise the aduantage of exception to the manifest incertainty and insufficiency thereof to this complainant at all and euery time and times hereafter saued for further replication thereunto saith as in the said bill of complaint he hath said without that that at the said time of the making of the said agreement in the said bill and answere mentioned it was further couenanted and agreed on the part of the said complainant that the said communication should by the said complainant be put in writing by deed indented and according to the law be executed by sealing and deliuerie thereof Or that this complainant and the said G. B. Esquire in the said answere named should become bound ioyntly and seuerally vnto the said defendant for the true performance of all and euery the said agreements in the summe of one hundred and fortie pounds in the said bill mentioned being the first payment which they should haue made as in the saide aunswere it is very vntruely alleaged with this that this complainant doth wil auerre and proue that the said communication in the said bill and answere mentioned set downe vnder the terme of articles of agreement was euer ment to conclude and binde the said bargaine the same not referred to any further ceremony of engrossing sealing and deliuerie or entring into the said obligation by the said complainant or G. B. at the costes and trauell of the foresaid complainant the said G. this complainant also saith that the same agreement was then fully and absolutely made not referred to any such further writing more effectuall in the law to be fully accomplished by the said comploinant as in the said answere it is coniecturally and vntruely suggested and without that that this complainant and the said G. B. or either of them haue ment to gaine the said defendants money without any assurance made of the tenements in the said bill mentioned to the saide defendants or wholly sought by any meanes he could cunningly to possesse himselfe of the said summe of 50. l or of so much thereof as he could without any assurance making or entring into bond to the said defendants as aforesaid to the great impouerishment of these defendants if the complainants intent had taken effect as in the said answere is vntruely surmised For this complaint saith that euer since the making of the said bargaine and agreement he and the said G. B. haue and yet are readie to performe and do whatsoeuer they did then bargaine and agree to doe by the same articles as vnto this honorable Court shal be truely and sufficiently proued and this complainant also saith that he hath iust cause of complaint and that the said defendants are bound to performe the said paiments in the said bill of complaint mentioned which he hopeth they shall be compelled to doe by the order of this honorable Court And without that that any other matter thing or things clause sentence article or allegation in the sâ—â—â— answere contained material or effectuall in the law to be replied vnto by this complainant and not herein in this his replication by this complainant sufficienlty replied vnto confessed and auoided denied or trauersed is true All which matters this complainant is readie to auerre add proue as this honorable Court shall awarde and prayeth as he in his saide Bill of complaint hath praied A Bill for money lent without specialty and witnesses To the Right Honorable Sir T. B. c. IN most humble wise complaining sheweth vnto your Honorable Sect. 83. Lordship your daily Orator T. G. of Ashebourne in the countie of Darby Gentleman that whereas your said Orator by way of prest at the feast of P. in the xviii yeare of the raigne of our Soueraigne Ladie Glizabeth by the grace of God of England France and Ireland Queene defendresse of the faith c. did deliuer vnto E. C. of A. in the Countie of Y. yeoman the summe of xx pound of currant English money to be paid vnto him your said Orator at or before feast of S. Bart. the Apostle then next ensuing Now so it is that although your saide Orator hath many and sundrie times required payment of the said xx pound yet notwithstanding he the said E. the same xx pound to your said orator hath not yet paid to the great losse hinderance of
him your said Orator And for because your said Orator hath not any specialtie or witnesse to proue the deliuery of the saide xx pound he is therefore thereof without remedie by order and course of the common lawes of this Realme and is vtterly like to loose the said summe contrarie to all equitie good conscience and true dealing vnlesse your honorable Lo. fauor and lawfull aide be herein shewed In tender consideration whereof may it please your honorable Lo. the premisses considered c. The Answere of the said Bill THe said defendant saith that the said Bill of complaint is very vntrue Sect ' 84. and insufficient in the law to be answered vnto for diuers apparant matters therein conteined and that the same is deuised by the said complainant and exhibited into this honorable court of meere malice and euill wil to thintent to put this defendant to great charges and expences without any good matter or iust cause or colour of cause so to doe And that if the said supposed matter were true as indeede it is not yet were the same determinable at and by the common lawes of this Realme and not in this honorable crurt whereunto this defendant prayeth to be dismissed with his reasonable costes and charges in this behalfe wrongfully sustained without that that the said complainant by way of prest at the feast of Penticost in the saide three and twentith yeare of the Queenes Maiesties Raigne or at any other time did deliuer vnto this defendant the said summe of twentie pounds to be paid vnto him at or before the said feast of S. Bart. the Apostle as in the said Bill is supposed And without that that the said complainant manie and sundrie times required payment of the said twenty pound as in the saide Bill is likewise vntruely supposed And without that that any other matter thing or things clause sentence article or allegation in the said bill contained materiall or effectuall in the law to be answered vnto and not herein in this his answere sufficiently confessed and auoided denied or trauersed is true All which matters c. A Bill of deteining bonds and bils paid praying an Iniunction to stay suite thereupon To the Right Honorable Sir C. H. Knight of the noble order of the garter and Lord Chaunctllor of England HVmbly sheweth vnto your good Lo. F. L. of S. in Ie dale in the Sect ' 85. Countie of D. Esquier That whereas your said supplyant did long sithence in his fathers life time at diuers seuerall times the certainty whereof your Lordships said Orator doth not now remember vpon some occasion that he then had to vse more money then he had then in store did borrow and take to Ioane of one R. S. of S. in the said Countie of D. yeoman diuers summes of money vpon receipt whereof your Lordships said suppliant did alwaies deliuer vnto the said R. S. either sufficient Obligations of double the summe borrowed or else his the said F. L. your Lo. said suppliants single bill obligatorie for repaiment of all such summes of money as he then borrowed at such times as were then agreed vpon betweene them And amongst the rest your Lo. said Orator did about twentie yeares since as he now remembreth borrow of the said R. S. the summe of xx l for the repaiment wherof at a certaine day therefore then agreed vpon betweene them your Lo. said suppliant did then deliuer vnto the said R. S. his bill obligatorie for his sufficient assurance thereof the which said xx l like as also al the other sums of money so borrowed by your L. said suppliant as is aforesaid he the said F. L. your L. said suppliant hath most certainly now long sithence repaied vnto the said R. S. at such time as hethe said R. was wel therewith cōtented as wel in ful discharge of the said bill obligatorie of xx l as of all the other bonds and writings so entred by your Lo. said suppliant as is aforesaid And in respect that he the said R. S. had not the said bill obligatorie for the said xx l readie to be cancelled and redeliuered at the saide repayment of the saide xx pound he the said R. S. did then verie faithfully promise vnto him that made the saide repayment that he the saide R. S. woulde assuredly cancell the said bill obligatorie whensoeuer the same should next come into his handes But so it is if it may please your good L. that the saide R. S. hath lately put the said Bill for the saide xx pound in suite as your Lordshippes saide suppliant is credibly informed meaning to be double paid for the said xx pound in the said bill mentioned against all equity and good conscience In consideration wherof and for asmuch as your Lordships said Orator hath no remedie at the common law either to recouer the said bill obligatory for the said summe of xx pound from the said R. S. or otherwise to pleade in discharge thereof And forasmuch as the said R. S. hath diuers other the said obligations and writings yet remaining in his hands which are likewise satisfied and which he hath promised to deliuer ynto your L. said suppliant at diuers times now long sithence passed the which to do he hath hitherto not fulfilled and in verie good sort by your Lordships said Orator and his seruants oftentimes required for like recouery or discharge whereof your Lordships said suppliant standeth likewise destitute by the strict course of the common lawes It may therefore please your good L. to award aswell the Queene Maiesties most gratious writ of Iniunction to be directed vnto the said R. S. and all and euery of his Counsellers Attorneis Sollicitors and Factors comcommaunding them and euerie of them thereby at a certaine day and vnder a certaine paine therein to be set downe by your good Lordship no further to proceede in the suite vpon the saide xx pound bill vntill your Lordshippe shall haue taken further direction therein as also the Queenes Maiesties writ of Subpena to be directed to the said R. S. commaunding him thereby c. A Bill to examine witnesses in perpetuam rei memoriam touching a lease made in trust by the plaintife to the defendants To the right honorable Sir C. H. Knight Lord Chancellor of England IN most humble wise complaining sheweth vnto your honorable Sect ' 86. Lordship your suppliant and daily Orotor T. B. of B. in the countie of Y. Esquier That whereas your said Orator about sixe yeares now last past was and yet is lawfully seised in his demesne as of fee of and vpon one mesuage or tenement called B. and of diuers landes and grounds thereunto belonging or with the same commonly vsed or occupied lying and being within the Lordship of M. in the county of Y. and he being therof so seised vpon special trust and confidence which he then reposed in one W. G. of B. in the countie of Y. and M. his wife by his
betweene them therefore agreed vpon and the money thereof arising hath conuerted to his onely vse and behoofe as in the said bill of complaint is very falsly surmised set forth and alleaged And without that that any other matter or thing in the said bill materiall to be answered vnto and in this answere not sufficiently answered confessed and auoided trauersed or denied is true All which matters c. and praieth c. The Replication of W. P. Complainant to the aunswere of R. C. Defendant THe said complainant for replication saith in all and euery thing Sec ' 89. and things as he in the said bill of complaint hath said and doth and will auerre iustifie maintaine and proue his said bill of complaint in all and euery matter thing and things therein contained to be good iust and true certaine and sufficient in the law to be answered vnto by the said defendant in such manner and forme as they be in the same most truely set forth and declared and not enuiously deuised nor vnconscionably contriued imagined and set forth onely of purpose to vexe and molest this defendant vniustly And to put him to great trauell expences and charges of suit and that without any iust cause or good matter as in the said answere it is by the said defendant vntruely surmised And this complainant further saith that the said answere of the said defendant is verie incertaine vntrue and insufficient in the law to be replied vnto by this complainant for diuers apparant faults and imperfections therein contained And namely in this that the said complainant being in and by the said bil of complaint charged to haue had in his hands and possession diuers of the said sheepe in the said bill mentioned doth in in his said answere neither confesse nor denie the hauing thereof as by the said answere it appeareth so that in reason he ought to be compelled by the order of this honorable Court to make a better and more certaine and perfect answere vnto the said bill of complaint Neuerthelesse this defendant sauing vnto himselfe at all times hereafter all aduantage of exceptions to the manifest incertainty and insufficiency of the said answere for further replication therunto Also further saith that the said consideration in the said bill of complaint contained is very sufficient to maintaine the said suit in this honorable Court Albeit that no other thing had been departed with on the part of this complainant but onely the credite and deliuery of the said sheepe vnto the handes of the said G. C. and yet this complainant hopeth to proue that there was giuen vnto the saide G. C. for and on the behalfe of the saide complainant very good matter of consideration for keeping and conueying of the said sheepe as in the said bill is alleaged And further this repliant doth wil also auerre and proue that diuers of the saide sheepe since the death of the said G. C. haue come to the hands and possession of the said complainant which haue bin vnlawfully conuerted to his owne vse against all right equity and good conscience without that that any other matter thing or things clause sentence article or allegation in the said answere contained materiall or effectuall in the law to be replied vnto by this complainant and not herein before in this his replication sufficiently replied vnto confessed and auoided denied or trauersed is true All which matters this complainant is ready to auerre and proue as this honorable Court shall award And praieth as he in his said bill hath praied A Bill for a debt vpon a contract without witnesses IN most humble wise complaining sheweth vnto your honor your Sect. 90. poore and daily Orator T. B. of C. in the countie of Darby Mercer That were about two yeares now past one T. G. of B. in the Countie of Y. gentleman bought of your said Orator xii yeardes of liâ—nen cloth price xxii sÌ„ and diuers other wares and marchandices amounting in the whole to the value of xx markes or thereabout for paiment whereof the said T. G. earnestly required your said Orator to forbeare him the said T. G. for the space of a moneth or there abouts then next following And for that the said T. G. did then faithfully assume and promise to pay the said debt vnto your said Orator at the said monethes ende your said Orator trusting to his bare promise deliuered vnto the said T. G. the said cloth wares and marchandises without taking any specialty or other security for paiment of the aforesaid money Now so it is if it may please your honorable L. that the said G. T. perceiuing that your said Orator can by no order of the common lawes of this Realme recouer the said money for want of specialtie or witnesses to proue the said assumption and contract being very lately by your said Orator requested to pay the said money according to his said promise yet neuertheles the said T. G. hath plainely affirmed and answered that your said Orator shall not haue anie peny thereof which if it should so passe without reliefe to your Orator herein would turne to the great impouerishment and damage of your said Orator who hath ouer many such debtors In consideration whereof the premisses tenderly considered and forasmuch as your said Orator is without all remedie for the recouerie of the same by the strict order of the common lawes of this Realme for want of specialtie or witnesse as aforesaid May it therefore please c. The Answere and demurrer of the same THe said defendant saith that the said bill of complaint is very vncertaine Sect. 91. vntrue and insufficient in the law to be answered vnto by this defendant for diuers apparant matters and causes therein contained deuised and exhibited into this honorable Court as this def verely thinketh by the sinister aduise and perswasion of N. C. Atturney at the common law of malice and euill will to thintent to put this defendant to vniust trouble and vexation That he the said N. C. may thereby gaine by solliciting of this said matter in this honorable court and not vpon anie iust cause so to doe And further saith the said def That if the said matters mentioned in the said bill of complaint were true as they be not indeed yet were the same determinable and to be determined at and by the common lawes of this Realme and not by this honorable Court whereunto this defendant praieth to be dismissed with his reasonable costes and charges wrongfully sustained hereabouts Neuerthelesse if he this defendant be compelled by this honorable court to make any further answere vnto the said incertainty vntrue and insufficient bill of complaint Then and not otherwaies thaduantage of exception to the manifest incertainty and insufficiency of the said bill of complaint to this defendant alwaies saued For further aunswere thereunto and for a full and plaine declaration of the truth touching the materiall contents of the said bill
from your Orator seueral summes of money and diuers parcels of his goods and household stuffe aswell in the night season as in the day time to a very great value the certainty whereof your Orator knoweth not but is induced by good reason to beleeue that it doth amount vnto the sum̄ of one hundred pound at the least and deliuered or caused the same to be deliuered vnto the custodie and possession of the said C. C. and M. his wife or A. their daughter or of some other person or persons by their or some of their meanes or consents whereof your Orator by some good meanes hauing had intelligence hath sundry times vsed speech and communication with the said C. M. and A. P. touching the same and in most gentle and friendly manner required to haue the saide money and goods so essoined and imbeasiled as aforesaid to be to him restored or else to haue some recompence for the same but they haue vtterly refused to doe eyther the one or the other and doe still refuse to doe the same and do conuert and dispose the said money and goods to their own vses whereby your Orator shal be vtterly thereof defeated to his great hinderance and impouerishment contrarie to all equitie good conscience vnlesse by your Lordships fauor he may be relieued in this most honorable Court Forasmuch therefore as your Orator knoweth not the names or number of the said confederates nor the seueral certaine times wherein the said money and goods were conueyed away from him as aforesaid nor the quantitie nature or valew of them whereby to make any lawfull demaun◠or to vse any action by the strict course of the common lawes of this Realme against them the said C. M. and A. P. or any other their confederates for these great iniuries wrongs as aforesaid but that the trueth and certainty of all these matters doe rest in the priuate and proper notice of the said C. C. and M. his wife and A. their daughter or of some one of them who no doubt vppon their corporall Oathes will disclose and set downe the trueth and certaintie of all these matters May it therefore please your honorable Lordship to grant vnto your Orator the Queenes Maiesties gratious writ of Subpena to be directed c. The Answere to the same HHe said defendants say that the said bill of complaint against Sec ' 94. them exhibited into this honorable Court is very incertaine vntrue and insufficient in the law to be answered vnto by the said defendants or any of them for diuers and sundrie apparant faultes and imperfections therein contained and deuised and exhibited into this honorable Court partly of malice and euill will without iust cause conceiued against the said C. C. one of these defendants to the intent thereby to vexe and molest him and his said wife and daughter with vniust trauell and expences but chiefly to the intent and purpose to wearie impouerish and terrifie him this defendant with such suites so that he shal neither be able nor willing to prosecute the law against him the said complainant for diuers great summes of money which he oweth vnto him the said C. C. this defendant and vniustly detaineth from him and not for anie good or iust cause of suite Neuerthelesse if by the order of this honorable Court these defendants shall be inforced to make any further or other answere to the said incertaine vntrue and insufficient Bill of complaint then and not otherwise all aduantage of exception to the manifest incertaintie and insufficiencie of the said Bill of complaint to these defendants and euerie of them at all and euery time and times hereafter saued For further answere thereunto and for a full and plaine declaration of the truth of the premisses These defendants say and euery one of them saith thst neither they nor any of thens by continuall sinister practise instigation and perswasion did not at any time allure prouoke intice A. I. deceased then wife of the said cōplainant to grow to some discord with the said complainant to essoine and conuey into their or any of their keeping all or any of the said money and goods in the said bill of complaint mentioned promising that the same should be readie and vsed for her vse behoofe to the ende that they these def or any of thē might the better bring to passe indirectly to gaine or get into their custody possession all or the most part of the said money goods and by that meanes to defeat and defraud the said complainants thereof as in the said bill of complaint is very slaunderously most vntruly alleaged And these defendants further say euery of them saith that the said late wife of the said complainant did neuer with violence breake open some part of the said complainants said house at S. in the said bill mentioned nor his said chists there being locked nor did essoine imbeasill or conuey away from the said complainant seuerall or any summe or summes of money diuers or any parcell of his goods or household stuffe either in the night season or in the day time by the practise of these def or of any of thē or of any other person or persons by their or any of their means as in the said bil of complaint is likewise very malitiously and vntruly surmised without that that the said wife of the said complainant euer deliuered or cause to be deliuered the said money and goods in the said bill of complaint mentioned or anie part thereof vnto the custodie and possession of these defendants or of some of them or of any other person or persons by their or some of their meanes or consents as in the said bill of complaint is also vntruely alleaged And without that that euer there was anie cause why the said complainant did or should vse any such speach and communication with these defendants or anie of them touching the premisses or require to haue the said money and goods supposed to be essoined or imbezeled to be to him restored or to haue some recompence for the same or that these defendants or anie of them doe conuert and dispose the said money and goods or any part thereof to their or any of their owne vses whereby the said complainant shall be vtterly thereof defeated to his great hinderance and impouerishment contrarie to all right equitie and good conscience as in the sasd bill of complaint is likewise vntruely suggested And without that that any other matter thing or things clause sentence article or allegation in the said bill of complaint contained materiall or effectuall in the lawe to be answered vnto by these defendants or anie of them and not here in this their answers sufficiently answered vnto confessed and auoided denied or trauersed is true All which matters c. The Replication to the Answere next before THe said complainant for and by way of replication saith that his Sect
' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâ—ers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌ„plaint is very truly alleaged And also with that that the said complainaÌ„ts wife did with violeÌ„ce break open some part of the said coÌ„plainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌ„plainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌ„plaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌ„plainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of
the bargaine and couenants therein contained they the said T. and G. being as is aforesaid vnder the age of one and twenty yeares at the time of the making thereof It may please your honorable Lordship the premisses considered to grant vnto him this complainant the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. E. T. E. and G. E. and euery of them thereby commaunding them and euery of them at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted to be and personally to appeare before your honorable Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and further to stand to and abide such order and direction therin as to your good L. vpon the hearing of the said cause shal seeme to be agreeable with right equity and good conscience c. A Bill against the heire for entring into lands deuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam HVmbly complaining sheweth vnto your good Lordshippe your Sect. 110. poore and distressed orator G. W. of N. in the County of N. yeoman That whereas W. W. deceased father vnto your said Orator was in his life time lawfully seised in his demesne as of fee of and in the manor and Capitall messuage of N. in the County of N. and of and in one farme set lying and being within the parish of W. in the said County of N. of diuers other lands tenements hereditaments in N. aforesaid And also whereas the said W. W. deceased was likewise in his life time lawfully seised in his demesne as of fee of in certaine ground and one tenement with the appurtenances set lying and being within the parish of C. in the Countie of D. and also of and in the rectorie and personage of C. alias C. within the said County of D. and of diuers other landes and tenements set lying and being in the countie of N. and D. and he so being of the said landes and tenements seised did by his last Will and Testament in writing deuise and bequeath vnto your said humble Orator and to the heires males of his bodie lawfully begotten certaine parcels of land of and in the saide Manor of N. that is to say one mansion house wherein your said poore Orator now inhabiteth and dwelleth one close commonly called B. containing by estimation two acres or thereaboutes one other close commonly called C. containing by estimatiō two acres or therabouts one other close commonly called the vpper S. all which seuerall parcels of land are scituate lying and being in N. as is aforesaid in the foresaid Countie of N. one messuage or tenement commonly called by the name of an oxgang scituate and being in W. in the said County of N. and also one tenement called the N. scituate lying and being in the Countie of D. and also one lease of the rectorie and personage of C. in the County of D. by vertue force of which said deuise and bequeath your said humble Orator entered into the said premisses and the saide issues and profits of the same hath perceiued receiued and taken to his owne profit vse and behoofe as lawfull was for himselfe to doe as he verely beleeueth But now so it is if it may please your honorable good Lordship hhat one R. W. brother to your said humble Orator as sonne and heire apparant to the said W. W. his father deceased hath taken away concealed and cancelled as it is thought the said last Will and Testament of your said Orators father and hath taken vpon him the administration of all the goods and chattels of your said Orators father reiecting and disanulling the said last Will and Testament made by your said Orators father as aforesaid to thintent only therby of set purpose malice and vnbrotherlike dealing to defraud expell depriue and disinherit your said Orator of his right title and interest of and in the said lands deuised to him as aforesaid and also doth threaten your foresaid Orator that he may at his pleasure relinquish and disanul the beforesaid last Will and Testament made by your foresaid Orators father as is aforesaid and did take the administration of all your said Orators fathers goods and chattels and entred into all his said landes as is aforesaid contrarie vnto all right equity and good conscience and not christianlike but vnbrotherlike dealing and contrarie to the true intent and good meaning of your foresaid Orators Fathers Will made as is aforesaid vnlesse your good Lordship doe according vnto your accustomed goodnesse extend your clemency and pitty in that behalfe to your poore Orator In consideration whereof the premisses considered and for as much as the title of your said Orator by reason of the vndirect practise vsed as aforesaid in concealing cancelling and relinquishing the said last Will as aforesaid doth greatly depend vpon the witnesse and testimony of certaine persons dwelling within the County of N to prooue the true meaning of your said orators fathers Wil which are of great yeares and also very impotent not like long to liue nor yet able to trauell to this honorable Court to be examined for the testifying of the trueth touching the premisses as by common order appertaineth And also for that in time the said witnesses may die and by meanes thereof your said Orator may be in danger to sustaine disinherison of the premisses May it therefore please your good Lordship to grant the Queens c. A Bill for refusing to receiue the Plaintifes rent according to an order and taking of forfeiture of a bonde made for payment of the rent HVmbly complaining sheweth to your good Lo. your daily Orator Sect ' 111. I. T. of G. in the County of N. yeoman that whereas one I. K. of W. in the County of Yorke Miller pretended as in the right of his wife to be owner of a certaine messuage in E. in the County of N. aforesaid and of certaine land meadow and pasture thereuuto belonging and lying within the fields of E. aforesaid and the said I. R. so pretēding himselfe in the right of his said wife to be seised as is aforesaid about the 19. or 20. yeare of the Queenes Maiesties most gratious Kaigne that now is did demise the said messuage and land in E. aforesaid vnto your said Orator and one A. L. Gentleman to haue and to hold to them for the terme of 21. yeares from the time of the making thereof rendering therefore yeerely the rent of xx s̄ payable at Whitsontide and Martimnas by euen portions for the payment of which said rent of xx s̄ he the said K. knowing himselfe the title thereof to be questionable and likely to grow to some charges in law to your said Orator to defend did therefore cunningly get your saide Orator to become bound in an obligation of xx l for the yearely paiment of the said
at a certaine day and vnder a certaine paine therein to be limited to appeare before your Lordship in her Maiesties high court of Chancery then and there to answere to the premisses and to abide such order and direction therein as to your Lordship shal seeme to stand with right equitie and good conscience and your said Orator shall daily pray to Almightie God for your honour in good health long to continue c. A Bill by the husband and wife as Gardeins to her childe for euidences IN most humble wise complaining sheweth vnto your good Lordship Sect. 118. your poore and daily Orator I. W. of B. in the Countie of D. yeoman and I. his wife late the wife of I. S. the elder of B. aforesaid yeoman now deceased That where the said I. S. in his life time was lawfully seised in his demesne as of fee of and in one messuage or tenement commonly called H. of and in certaine lands meadow and pasture and other hereditaments with thappurtenances to the said tenement belonging and with the same vsually occupied scituate lying and being in B. aforesaid And he the said I. S. being of the premisses so seised did in his life time conuey and assure the same vnto certaine persons and their heires to the vse of the said I. and of the said I. then his wife and of the longer liuer of them without impeachment of waste And after their diseases to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer by force whereof the said I. S. and the said I. then his wife were thereof seised accordingly And so seised the said I. S. about three yeares now last past died seised of such estate as aforesaid hauing issue betweene him and the said I. one I. S. an infant of the age of two yeares or therabouts After whose death the said I held her selfe in the said messuages and lands and was thereof seised accordingly And so seised tooke to husband the said I. W. the other of your said Orators by force of which entermariage the said I. W. and the said I. were lawfully seised of the premisses as in the right of the said I. And your said Orators haue also the custody of the said I. S. the infant rightly belonging to the said I. his mother as gardeine in Socage Now so it is if it may please your good Lordshippe that certaine deedes euidences and writings touching and concerning the premisses and of right belonging to your said Orators and the said infant or to the one of them are casually come to to the hands and possessions of T. C. of B. aforesaid and I. S. of H. being kinsman vnto the said I. S. of B. the elder deceased who by colour of hauing the said deeds euidences and writings haue wrongfully entred into the premisses with thappurtenances and thereupon haue contriued certain secret estates vnto diuers persons vnknowen to your said Orators and by colour thereof they the said T. C. and I. S. of H. or the one of them of late time hath wrongfully entred into the premisses and hath receiued and taken the issues and profits of the premisses or some part thereof from your said Orators and although your said Orators haue diuers and sundrie times gently requested the saide T. C. and I. S. of H. to permit and suffer your said Orators quietly to haue and enioy the same premisses and to deliuer vnto your said Orators the said deeds euidences and writings touching and concerning the premisses and which of right doe belong and appertaine vnto your said Orators and to the said I. S. the infant yet they the same to doe haue hitherto refused and yet doe refuse contrarie to all right equity and good conscience which is likely to turne not only to the losse and hinderance of your said Orators But also to the preiudice and disinheritance of the said infant if speedie redresse herein be not had by your good Lordship in consideration whereof and forasmuch as your said Orators doe not know the certaintie nor certaine number of the said deedes euidences writings nor whether the same be contained in bagge or boxe sealed or in chest locked and so your said Orators and the said infant are without any ordinary remedie for the recouerie of the same by the common lawes of this Realme And for that your said Orators do hope that the same C. and S. will vpon their Oathes in this honorable Court confesse the certainty and truety therein where the said euidences are to be had or to whom they haue deliuered the same May it therefore please your good Lordship the premisses considered to grant vnto your said Orators the Queenes Maiesties c. The Answere of the same THe said defendants say and euery of them seuerally saith that the Sect. 119. said bill of complaint is verie vncertaine vntrue and insufficient in the law to be answered vnto for diuers manifest defaults and imperfections therein contained and framed and exhibited into this honorable Court as these defendants verely thinke of malice and euill will to the intent to put these defendants to great trauaile charges and expences to make their personall appearance in this honorable Court the said defendants dwelling in B. aforesaid in the saide countie of D. which is sixscore miles distant from the Citie of Westminster and without any iust cause so to doe and these defendants further say that if the surmised matters contained in the said bil of complaint were true as in very trueth they are not yet were the same determinable and to be determined by the common lawes of this Realme and not in this honorable Court whereunto these defendants pray to be dismissed with their reasonable costes charges and damages in this behalfe wrongfully and without iust cause sustained yet neuerthelesse if these defendants shall be compelled by the order of this Court to make any further or other answere vnto the said vncertaine and insufficient bill of complaint then the aduantage of exception to the incertaintie and insufficiencie thereof to these defendants and either of them at all times here after saued for further answere thereunto and for a full and plaine declaration of the trueth say that they thinke it is true that the said I. S. was in his life time lawfully seised in his demesne as of fee of and in the said messuage or teuements commonly called the H. and of and in certaine lands meadow and pasture and other hereditaments with the appurtenances to the said tenements belonging and with the same vsually occupied scituate lying and being in B. aforesaid as in the said bil of complaint is alleaged but the said defendāts further say that the said tenements in the said bill of complaint contained as they verely beleeue are holden of the right honorable G. Earle of S. of his manor of C. in the said Countie of D. by knightes seruice and by the yearely rents of two shillings And that he
c. at a day long since past The which summe this defendant did verely thinke to haue receiued accordingly and thereof did make reckoning as of a debt then to be paid to him and for that cause did at the very day appointed for the paiment of the same repaire vnto the place specified in the condition of the said obligation where the said money should be paid and there did attend for the same in hope to haue receiued it accordingly But the said complainant meaning nothing lesse then the satisfying of the said debt left the same vnpaide to the great hinderance losse and discredite of these defendants And this defendant further saith that he hath often and sundry times sithence the said money was due made meanes to the complainant for payment of the same who from time to time with faire promises now almost these three yeares hath delaied this defendant to his greater hinderance then the valew of the said summe By reason whereof and for as much as the complainant hath sought diuers indirect waies and meanes to get the said Obligation of c. out of the hands of this defendant with intent neuer to pay penny of the debt aforesaid This defendant hath caused the said Obligation to be put in suite as he thinketh it is lawfull for him to doe without that that the complainant to the knowledge of the defendant did prepare in a readinesse to haue paid the said c. at the time and place according to the condition of the Obligation aforesaid Or that this defendant vpon the very day appointed for the paiment of the same c. or the day before or in trueth at any time else did come to the complainant and had speech with him that he was contented and did agree to forbeare the punishment thereof vntill the feast of c. then next following or did assume and promise to and with the complainant both then at diuers times after to for beare the payment thereof vntill the said feast and would not take any aduantage of the forfeiture of the said bond but would cancell the said bond and would take new bond for the paiment thereof at the said feast of P. as in the said bill is most falsely declared And without that that the said complainant to the knowledge of the defendant did send one G. V. his seruant to L. with the said money to make payment thereof to one of these defendants as also in the said bill of complaint is vntruely alleaged For this defendant saith that he sought often to the complainant and made means vnto him to haue the said defendant eyther to be paide in noney or that he might be satisfied thereof some other way who made him many promises to do the same with speed but neuer ment or intended it for any thing that this defendant could get to the contrary And the said W. W. the other of these defendāts for himself saith That whereas he is charged to haue made promise to the said V. that if he would deliuer a bonde which he had in his keeping of trust to the vse of the said P. that then he this defendant and the said P. would the next day following come to the said V. his lodging and receiue the said summe of c. and deliuer ouer the said bonde of c. He this defendant saith that he neuer made any such promise to the said V. to his remembrance neither was there any cause at all that he should so doe aswell because in trueth and in honestie the said V. ought to make deliuerie of the said bonde so committed vnto him but of trust as appeareth by the plantifes owne shewing as also for that this defendant was informed that the said V. had deliuered the said bonde before that they two mette together to talke of the saide debt And this defendant further saith that although it were true that he had made such promise as aforesaid yet were it nothing at all materiall for the reliefe of the complainant aswell for the cause aforesaid as also for that this defendant had no power of himselfe to doe eyther good or hurt in the matter And without that that any other matter or thing whatsoeuer materiall in the said vntrue bill to b answered vnto and not in this answere sufficiently answered confessed and auoided trauersed or denied is true All which matters these defendantes are readie to auerre and proue as this most honorable Court shall awarde and prayen to be dismissed with their reasonable costes in this behalfe wrongfully sustained The Replication of E. L. Esq Complainant to the Answere of W. P and W. W. Defendant THe said Complainant replieth and saith that the said bill of complaint Sect. 126. by him exhibited into this most honorable court is very true certaine and sufficient the law to be answered vnto And that the matters therein contained are neither deuised imagined practised or set forth by him the said complainant for any such cause or purpose as the defendants in their answeres haue vntruely imagined but the same is grounded vpon good and iust cause as by the contents thereof doth and may appeare And further saith that the answere of the said defendant is verie vntrue vncertaine and insufficient in the lawe to be replied vnto The aduantage of exception to the incertainety and insufficiencie thereof to the said complainant nowe and at all times hereafter saued The saide complainant for further replication saith that he doth and will auerre iustifie maintaine and proue all and eueuerie matter article sentence and thing in the said bill of complaint contained to be good iust and true in such sort manner and forme as in the said bill of complaint they be truely set forth shewed and declared And further the said complainant saith that he doth and will auerre and proue as this most honorable Court shall and will awarde that the said compainant did prepare in a readines and purposed to pay the foresaid summe c. in the said bill answere mentioned at the time and place in the condition of the said obligation mentioned according to the true intent and meaning of the condition of the said obligation in such sort maner forme as in the said bill of complaint is most truly set forth alleaged And that the very day appointed for the paiment thereof or the day before the said W. P. one of the said defendants did come to the said complainant and vpon speech had betweene them touching the paiment of the said money the said defendaut was contented did agree to forbeare the paiment thereof vntill the feast of c the◠next following in such sort maner and forme as in the said bill of complaint is most truely alleaged With that also that the said W. P. did faithfully assure and promise to and with the said complainant both then and at sundry times after to forbeare the paiment thereof vntill the said feast of c. aforesaid
his hands because he had beene a very good customer vnto him did not so precisely keepe his day thinking he would haue reasonably dealt with him being allowed for consideration for forbearing thereof as at other times he had done Notwithstanding he the said C. D. contrarie to the said A. B. his expectation did put the same Recognisance in suit presently after the forfeiture thereof And the said A. B. being them busied in her Maiesties seruice the said C. D. had iudgement vpon the said recognisance against him before he could send vp to take any order for the said latter debt by the said recognisance and after tooke execution of the moitie of amanor of the said A. B. called c. in c. which for the payment and performance of the said debt was extended vnto twentie markes by the yeare And so did leuie the said whole forfeiture vpon the said A. B. his manors and lands with great extremitie vpon which extreme dealing he the said A. B. finding himselfe most cruelly and hardly dealt with did refuse to buy or sell with him and willed his Bailife of his said manor to take acquittances of him at euery payment who not onely did so but vpon the last payment the foresaid C. D. did acknowledge to him that paied the money that your said Orator was then cleere with him and did owe nothing or to such effect notwithstanding the foresaid A. B. accompted of him as of a verie extreame man which the said A. B. his displeasure towards him being notified verie well knowen vnto him both by letters from himselfe and otherwise yet the sayd C. D. liuing nine or ten yeares after that it can not be intended that he who whilest they were in amitie did sue the said A. B. vpon the said recognisance and debt therein conteined being of so small a value would at the first haue left the elder bond and debt being of a greater summe vnsued for if it had bin vnanswered for or not paid much lesse afterwards during all the space of nine or ten yeres when he the said A. B. for his hard dealing had left to be his customer or to deale with him and thought but hardly of him as he had no lesse cause So though it be most sure and true that the said debt for which the said two hundred pounds bond was made in the said first yeare of the raigne of c. was long since fully answered yet it being so long since the said A. B. can not precisely call to mind vpon the sodaine who paid it diuers of his officers which dealt for his reuenues and especially one I. P. whom principally he vsed in those affaires being now dead whereby he can not vpon a speedie triall at the common Law proue the payment thereof by strict and precise course in that behalfe requisite and the rather for that the Indentures for the defeasance of the said recognizance came by some casuall or negligeÌ„t meanes to the hands of the said C. D. and of I. his wife although it be manifest by the presumptions aforesaid that the said C. D. would not haue let it lye so long vndemanded if he had not bin satisfied which the said A. B. doubteth not to proue in this honorable court for that also he thinketh there be yet some liuing that were present at the last reckning that the said A. B. or his officers made with the said C. D. either when he agreed for the said extents or about that time at which time he the said C. D. did acknowledge that all matters debtes and reckonings whatsoeuer were then fully cleered and quit betwixt the said A. B. and the said C. D. And that the said A. B. did not then owe him any thing But so it is yâ— said C. D. now being dead and I. his wife being his executrix who finding the sayd bond of CC. pounds remaining vncancelled rather as it should seeme by those which haue conferred with her vpon some words spoken or conceit of offence that she hath conceaued of the said A. B. his displeasure towards her late husband then otherwise vpon any iust cause she the said I. hath published that she hath such an ancient bond of the said A. B. bearing date c. of two hundred poundes and intenâ—eth to put the same in suit against the said A. B. In tender consideration whereof the apparant likelyhood of the said debt before recited being most true and the same discharged and yet the proofe of the discharge thereof in strict course of law being hard for the said A. B. to make the said I. P. and some others who dealt for him being now dead and the said defeasance being come to her hands as aforesaid but onely vpon oath of the said I. D. who was priuy to that and most of her husbands reckonings and doings in his life time and yet would not vniustly charge the said A. B. with the said debt by meanes that she hath both partes of the defeasans in her hands whereby the said A. B. can not pleade them and not knowing the date of them or wherein they are conteined can not demaund them by the ordinarie course of the Law May it therefore please your good Lordship c. The Answere THe said defendant saith that the said bill of complaint exhibited Sect. 132. against her in this Ho. court is vncertaine and vnsufficient in the law to be answered vnto and the matters therein conteined vntrue and contriued more of purpose to put the said def to trouble and expences in law then for any good or iust cause Neuerthelesse if the same defendant shal be compelled by this Ho. court to make any further answere to the same then the aduantage of the insufficiencie thereof to this defendant at all times hereafter saued For further answere the said defendant saith that true it is that the said A. B. about the time mencioned in the said bill of complaint began to be a bargayner and buyer of Plate and Iewels of the saide C. D. late husbandman to this defendant and obtained credite at the hands of the said C. D. for the summe of c. For payment whereof the said C. D. presuming vpon the promises of the said A. B. was contented onely to accept of a bare single obligation which was sealed and deliuered vnto him about the time mencioned in the said bill which summe of c. the said C. D. after the day past which was limitted for the payment thereof often demaunded of the said A. B. who notwithstanding made no payment at all thereof but with faire promises delayed time and kept the said C. D. in hope from yeare to yeare that he should be answered thereof to the vttermost peny And at the last the said A. B. hauing neede of certaine other Plate or Iewels to the value of c. intreated with the same C. D. to giue him credit for the same and promised faithfully that if the saide C. D.
occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of coÌ„plaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in yâ— said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. â—ill for a title of land intailed IN most humble 〈◊〉 sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiueâ— and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof
the same Silks Veluets and such like to the said Lord D. yet he the said I. L. hath done and dayly doth seeke and go about to sue execucion and to take the benefit of the said Statute of one thousand pounds against the said Lord D. contrarie to all equitie and good conscience The premisses therefore tenderly considered and for as much as the said Lord D. the said R. S. and others the said suerties of him the said Lord D. or any of them cannot pleade any good or sufficient plea in auoydance or discharge of the said Bonds and Statutes nor of any of them whereof the said I. L. most vnconscionably seeketh and goeth about to sue procure and take the penaltie execucion and forfeiture against him the said Lord D. and his sureties by the ordinarie course of the common lawes of this Realme and the rather for that also the said Lord D. is and will be readie for the further discharge of the said K. S. and others his said sureties to satisfye and pay vnto him the said I. L. the said summe of 500. pound at such dayes and times and in such maner and forme as to your good Lordship shall in equitie and right seeme meete and conuenient It may therefore please your good L. to graunt her Maiesties most gracious writ of Subpena to be directed to the saide I. L. commaunding him thereby at a certaine day and vnder a certaine paine therein to be limited personallie to appeare before your good Lordship in her Maiesties high court of Chauncerie then and there to aunswere to the premisses and to shew cause why he the said I. L. should not redeliuer the saide bonds to the saide Lord D. and his saide sureties or else to cancell and make voyd the same or otherwise thereof to release discharge and saue harmelesse the saide Lord D. his said sureties as in right and equitie it behoueth and further to stand to and abide such order and direction therein as to your good Lordship and the said honorable Court shall seeme best to stand with equitie and good conscience The Aunswere of I. L. defendant to the Bill of complaint of Ed. Lo. D. complaynant THe said defendant by protestation not acknowledging or confessing Sect. 148. any matter or thing in the saide bill of complaint conteyned materiall for the said debt to be answered vnto to be true in such maner and forme as in and by the said bill of complaint is set forth alledged For aunswere saith that the said complaynant about foure yeares past at seuerall times had and bought of the said defendant diuers parcels of Silks Veluets and Wares amounting vnto the summe of 159. pound foure shillings fiue pence or there abouts all which parcels the said defendant did sell vnto the said complaynant for and at reasonable prices considering the dayes of payment and for the true payment of some part of the said summe he the said Lord D. together with the said R. S. in the said bill of complaynt named and one D. C. being then the said complaynants seruants did become bound to the said defendant by two Obligations which they forfeited And long afterwards that is to say in the month of May 1588. the saide Lord D. hauing occasion to vse other necessaryes for himselfe and his Wife and hauing deteyned the aforesaid summe of 159. pound foure shillings fiue pence from the defendant a long time did in the said month of May 1588. in respect of the said time past allow the sayd defendant for consideration but 26. pound 13. shillings And in the said moneth of May the saide complaynant at his earnest request had a new supplye of wares amounting to 73. pound fifteene shillings foure pence and did then accept of and acknowledge certayne parcels had to his vse by the sayd Christoferson to the value of 3. l 17. s̄ 9. d which foure summes do amount to 255. pound for all which said debt the complaynant gaue his owne Obligation to the said defendant endorced with condition for the payment thereof the 24. day of Iune 1588. After which bond for 255. l taken before the same was due viz. about the last day of y◠said month of May 1588. the saide complaynant standing in neede both of money other necessary furniture for himselfe his wife house earnestly did intreate the said defendāt to lend vnto him the said complaynant the summe of 50. l in readie money which he protested to be for prosecuting an earnest suit he had against one Sir I. L. Knight as this defendant remembreth which although y◠said defendāt could then performe hardly yet he the said defendāt made meanes for so much money did lend the same 50. l to the said complainant for 12. moneths vpon allowance of 5. l for the same for the said time no more And also further did most earnestly desire intreat him the said def to sell vnto him so much Silks Veluets Wares to furnish his then present want as should make the foresaid summe of 255. l by his bond the 50. l lent in ready money with the 5. l for interest therof as aforesaid amounting to the summe of 503. l and thereupon the said def deliuered caused to be deliuered to the said p l or his assignes about the said last day of May in Iune following the said Silks Veluets Wares at reasonable prises cōsidering the time he gaue for paymēt of his money due for the same to the value of Clxxxx. l 17. s̄ 4. d which made vp all the former summes 500. l 17. s̄ 4. d And for paiment of the said summe of 500. l parcell of y◠said debt of 500. l 17. s̄ 4. d the said compl did knowledge to the said defend a recognizance or bond obligatorie of the nature of a statute staple of 1000. l in the said bill of compl mencioned vpō which statute knowledged the said defend deliuered to the saide compl to be cancelled the foresaid bond made by y◠said compl to the said defend for paiment of 255. l And shortly after the knowledging of y◠said statute that is to say about the space of 4. or 5. weekes after long before the time limited for the paiment of y◠said defend principall debt of 500 l the said compl purposing to defeate the said defend of his said iust due debt did pursue a writ of Audita querela supposing himself thereby to be within the age of 21. yeares both then at the time of the knowledging of the said statute vpon which writ after the same was returned into the court of common pleas before the said defend had notice or vnderstanding of the same the said compl and others the solicitors of the cause after y◠he was inspected viewed by the Iustices of the same court did produce or cause to be produced 2. persons or witnesses before the said Iustices to be deposed that the allegacion surmise of
in the premisses in the saide Bill mencioned as in the saide Bill of complaint is also vntrulie alledged And the saide Thomas Aynsworth for himselfe saith that he hath and doth exercise the Office of Baylife of the manor of S. in the said BIll mencioned vnder and by the apointment of T. B. Esquier in the said Bill mencioned whome this defendant supposeth to be seazed thereof of some estate of inheritance and hath in his hands certaine rentalls of the same mannor which Rentalls this defendant thinketh he ought to dutie to keepe and vse to the benefit and seruice of the saide Tho. B. and to employ the same according to his direction and not otherwise And further this defendant saith that this defendant is Farmor of parcell of the demesnes of the mannor of S. aforesaid which he holdeth for diuers yeares yet to come yeelding and paying therefore yearely 14. l 8. sÌ„ 4. d of lawfull money of England And also holdeth by coppie of Court rowle at the will of the Lord of the saide mannor of Swanton Morley according to the custome of the said mannor diuers lands and tenements within the precincts of the said mannor and yeelding yearely for the same 40. sÌ„ or thereabouts which rents this defendant thinketh are not payable to the plaintife for that the rents reserued vpon Leases made of any parcell of the extended premisses before the knowledging of the saide statute are not expressely extended nor deliuered to the said complainant in execucion But the saide complainant hauing extended and receiued the premisses into execucion as demeane in possession is to stay and expect till he may haue and enioy the same according to his extent and to the liuerey thereof made vnto him And further this defendant saith that the said mannor of Swanton Morley is and at the time of the awarding of execucion was as this defendant thinketh the inheritance of the saide Th. B. which he then had by purchase from the saide Lord Mo. since the knowledging of the said recognizance And in asmuch as the saide Lord Mo. at the time of the knowledging of the said Recognizance had and was seazed in Fee simple Fee taile or for terme of life as this defendant is crediblie enformed and partly apeareth by the Schedule of the liuerie of the saide Lord Mo. of and in the mannors of H. in the Countie of Essex of the yearely value of 100. l or there abouts and of and in the mannors of F. and Todenhoberie in the Countie of Hertford of the yearely value of fortie pound or thereabouts and of a certaine yearely rent of thirtie pound or thereabouts going out of the mannor of Shobington in the Countie of Buckingham and of diuers other mannors lands tenements and hereditameÌ„ts in diuers other Counties of England which ought to be contributorie to the payment of the saide twelue hundred pound and therefore the same is vndulie and contrarie to lawe charged vpoÌ„ the said mannor of Swanton cum Worthinge which the said Th. B. houldeth as a Feoffee for which cause the sayde T. B. as this defendant supposeth hath pursued his Sciri facias against the saide complainant in this honorable Court for the discharge of the said mannor of Swanton cum Worthinge from the saide due execucion and from the recouerie of the issues and profits comming and growing of the same mannor from the time of the said execucion For which cause this defendant humblie prayeth this honorable Court that the saide complainant may be referred to the Common Lawe to bring his Accion against this defendant for the recouerie of the saide rents due vpon such Leases and Coppie holds as this defendant houldeth of the said mannor of Swanton cum Worthinge wherein the validitie of the sayde Eâ—tent may be tryed so as this defendant may know to whom he may pay his saide rents without danger or further trouble And his defendant is readie to stand to such order as this honorable Court shall award concerning the shewing vnto the said complainant of his estate and terme which he hath of and in any part of the said mannor of Swanton cum Worthinge or holdeth of the same and other circumstances thereof without that this defend is Farmer or Customarie or free tenant of any other part or parcell of the said mannors or other the premisses in the said Bill mentioned or hath in his hands any Courtrowles Rentalls or Leases coÌ„cerning the premisses in the said bill mentioned other then as in this aunswere before is mentioned as in the said bill of complaint is vntruly alledged And without that that this defend hath vnlawfully confederated with any the persons in the said Bill mentioned to defeate the said compl of his lawfull execucion and estate in the premisses in the said BIll mentioned as in the said Bill is falsely surmised And the said Henry S. Iohn for himselfe sayth that he hath and doth exercise the office of Baylife of the mannors of Hockering c. in the saide bill mentioned whereof this defendant supposeth Th. Lo. Esquier to be seazed of some estate of inheritance and hath in his hands certaine Rentalls of the said mannors which Rentalls this defendant thinketh he ought in dutie to keepe and vse to the benefit and seruice of the said maister Louell and to employ the same according to his direction not otherwise And further this defendant saith the he this defendant is Farmer of certaine demesnes of the said mannor of Hockering whereof he holdeth some part for yeares some for life by Lease made by the said Lord Mo. whose estate the said maister Lo. now hath of and in the same yeelding paying therefore yearely 30. l or thereabouts which rent this defendant thinketh is not payable to the said complaynant for that the rents reserued vpon Leases made of any parcell of the extended premisses before the knowledging of the saide statute are not expressely extended nor deliuered to the said complaynant in execution But the said complainant hauing extended receiued the premisses into execution as demesne in possession is to stay and expect till he may haue and enioy the same according to his extent and the liuerey thereof made vnto him And further this defend saith that the said mannors of Hockering Northtuddenham are and at the time of the awarding of the saide execution were as this defendant thinketh thenheritance of T. Lo. which he then had by purchase from the said L. Mo. since the knowledging of the said Recognizance And in asmuch as the said Lo. Mo. at the time of the said Recognizance had was seised in fee simple fee taile or for terme of life as this defend is credibly enformed and partly apeareth by the Schedule of the liuerey of the said Lord Mo. of and in the mannors of Halingburie Morley and Salcot Verley in the Countie of Essex of the yearely value of 100. l or thereabouts and of and in the mannors of Furnex and Tuddenhoberie
in the Countie of Hertford of the yearely value of 40. l or thereabouts and a certaine yerely rent of 30. l or thereabouts going out of the manor of Shobington in the Countie of Buckingham and diuers other mannors lands tenements and hereditaments in diuers other Counties of England which ought to be contributorie to the payment of the sayd 12. C. pound and therefore the same is vndulie and contrarie to lawe charged vpon the said mannors of Hockering and Northtuddenham which the saide maister Lo. holdeth as a Feoffee for which reason the said maister Lo. as this defendant supposeth hath pursued his Scire facias against the saide complaynant in this honorable Court for the discharge of the said mannors of Ho. and N. from the saide vndue execution and for the recouerye of the sayd issues and profits comming and growing of the same mannors from the time of the said execution for which cause this defendant humbly prayeth this honorable Court that the said complaynant may be referred to the Common lawe to bring his action against this defendant for the recouerie of the said rents due vpon the saide leasses and estates which this defendant holdeth of the saide mannors wherein the validitie of the said extent and execution may be tryed so as the said defendant may know to whom to pay his saide rent without danger or further trouble and this defendant is readye to stand to such order as this honorable Court shall award concerning the shewing to the saide complainants of his estates tearmes which he hath of and in the said parcell of the demesnes of the said mannor of Ho. or holdeth of the same and other circumstances thereof without that that this defendant is Farmer Customarie or free tenant of any other part or parcell of the saide manors or other the premisses in the saide bill mentioned or hath in his hands any Courtrowles Rentalls or Counterpanes of leases concerning the premisses in the saide bill mentioned other then in his Answere before is declared as in the said bill of complaint is vntruly alledged And without that that the said defendant hath vnlawfully confederated with any the persons in the said bill mentioned to defeate the saide complaynant of his lawfull execution and estate in the premisses in the said bill mentioned as in the said bill of complaynt is also vntrulie alledged And without that that any other matter or thing in the said bill of complaynt mentioned materiall or effectuall to be answered vnto and not herein sufficiently answered confessed and auoyded trauersed or denyed is to these defendants or any of their knowledges true All which matters these defendants are ready to auerre and prooue as this honorable Court shall award and prayen to be dismissed out of the same with their reasonable costs and charges in this behalfe most wrongfully sustained A Bill into the Chauncery for detayning of euidences entering into a meadowe and a pasture and making to themselues diuers estates To the Reuerend Father in God Thomas Bishop of Ely Lord Chauncelor of England IN most humble wise sheweth and complayneth vnto your good Sect ' 151. Lordship your dayly Orator G. I. That where W. I. father vnto your said Orator was seised in his demeasne as of fee of and in fifteene Acres of pasture and meadowe with thappurtenances in Clare in the Countie of Suffolke and so being thereof seised dyed by protestacion seised After whose death the saide fifteene Acres of pasture and meadowe and all other the premisses with the appurtenances descended and came and of right ought to descend and come vnto your said Orator as sonne and heire vnto the saide W. I. So it is if it may please your good Lordship that certaine euidences deedes charters and other muniments concerning the premisses are come to the hands and possession of M. G. Widow and A. G. who by colour of hauing the saide euidences haue entered into the premisses and haue conueyed vnto them and to their heires diuers and sundrie estates in the lawe for the disherison of your said Orator and of his heires for euer And because your said Orator knoweth not the certaintie of the saide euidence nor whether it be contayned in bagge or bore sealed or in chest locked he is without remedie for the recouerie of the same by the order of the Common lawe except your Lordships fauour be vnto him shewed in this behalfe In consideration whereof it may please your good Lordship the premisses considered to graunt a writ of Subpena to be directed to the saide M. G. Widow and A. G. commaunding them by the same personally to appeare before your good Lordship in the Kings high Court of Chauncerie at a certayne day and vnder a certayne payne by your good Lordship to be limited there to aunswere vnto the premisses and after to abide such decree and order therein as to your good Lordship shall be thought to stand with right and conscience And your saide Orator shall dayly pray for the preseruation of your Lordships Honor long to endure The Aunswere of one of the defendants to the Bill next before who pleadeth that the plaintifes father sould the landes in the Bill mentioned to T. H. who sould the same to the defendants husband who conueyed the same to the defendant for her life And sheweth that at the time of the saide purchase and after the premisses were in diuers Feoffes in vse and sheweth afterwards the making of the Statute of 27. Hen. 8. for transferring of vses into possession The Aunswere of M. G. Widow to the Bill of complaynt of G. I. THe said defendant saith that the said Bill of complaint is vntrue Sect ' 152. vncertaine and insufficient in the lawe to be aunswered vnto and the matters therein contayned determinable at the Common lawe and not in this honorable Court whereunto the said defendant prayeth to be dismissed and thaduantage thereof to the said defendant alwayes saued if she shall be compelled to make any further aunswere vnto the saide insufficient Bill Then for the declaration of the truth the saide defendant sayth That as to any pasture or meadowe in Clare the saide defendant knoweth not that she is Tenaunt of or hath any that was belonging to the saide W. I. within the sayde towne or parish of Clare or detayneth any euidence concerning the same to her knowledge But the saide defendant sayth the sayde W. I. mentioned in the sayde Bill of complaynt together with I. W. alias Miller I. F. c. were seised of and in seauen Acres of pasture and moore and three Acres and one Roode of meadowe in S. in their demeasne as of fee to the vse of the sayde W. I. and of his heires and so beeing thereof seised the sayde W. I. bargained and soulde the pasture moore and meadowe last before remembred vnto one T. H. and to hys heires for euer By vertue of which bargaine the sayde W. I. and hys sayde other Coefeoffees were thereof
insinuations and vntrue pretences of the said I. D. and had no purpose at all to impeach the sayde Lease made to the sayde R. B. nor your sayde Orator his title to the sayd Tithes and other the premisses claymed by vertue of the same nor yet to demise or graunt any thing to the saide I. D. that was comprised or intended to be demised in and by the same Indenture of lease made to the sayde R. B. May it therefore please your good Lordship the premisses tenderly considered to graunt vnto your sayde Oratour her Maiesties most gratious writ of Subpena to be directed to the sayd William I. Deane of Christ Church aforesayd and to the sayde R. P. T. T. c. and to the sayd I. D. who is vsuallie resident within the Citie of London commaunding them and euerie of them thereby vnder a payne therein to be limited to appeare before your Lordship in her Maiesties high Court of Chauncerie immediately then and there to aunswere the premisses And also to graunt vnto your sayde Oratour her Maiesties most gratious writ of Iniunction for the establishing of your sayde Oratours possession of and in the saide rectorie and other the premisses and for the stay of all Accions commenced or to be commenced against your saide Oratour at the Common lawe vpon or by coulour or pretence of the sayde Lease so vndulie procured by the sayd I. D. from the sayde Deane and Chapter and further to stand to and abide such other order herein as to your Lordship shall seeme to stand with Iustice and equitie And your saide Oratour shall dayly pray for your Lordship in all honour and happines long to continue T. E. E. C. R. C. The Aunswere of I. D. Esquier one of the defendants to the vntrue bill of complaynt of T. B. Esquier complaynant THe said defendant saith that the said Bill of complaynt is very Sect. 163. vntrue vncertaine and insufficient in the Lawe to be aunswered vnto not contayning any sufficient matter or iust cause of suit against this defendant but only deuised contriued by the complainant to put him as it seemeth to wrongfull vexation costs charges expences in the law without any iust cause of suit whereof this defendant doth demaund iudgement of this ho. Court prayeth to be dismissed out of the same Neuerthelesse if this defend shal be cōpelled to make any further aunswer to the said bill of complaint saith that he vnderstanding y◠the said lease for yeares mentioned in the said bill of complaint made to the said R. B. father of the said complaynant to be a meere void lease and of no force validitie in lawe for that the same lease was not demised by the Deane Chapter but by the Deane with the assent consent of the Chapter procured diuers letter s of sundrie honorable persons to the said Deane Chapter of Christ Church of Oxenford named in the said bill of complaint in this defend behalfe and fauour for the obtaining of a lease for yeares of the said Deane and Chapter the which said Deane Chapter at the request contemplation of those letters by their Indenture vnder their Chapter seale did amongst other things demise to farme let vnto this defendant all that their tythe Corne graine comming renuing yearely growing in the Towneships or townes and fields mentioned in the said bill of complaint for the terme of xxi yeares by vertue of which demise to him made this defendant taketh himselfe lawfullie intercessed and intituled in and to the said tithes demised vnto him and because this defend meant to proceede in a plaine vpright and lawfull course in lawe against the saide complaynant for the triall of the validitie of his said pretended lease brought his Accion in the Court of Exchequer by way of Quo minus against the saide complaynant others and as it seemeth now to this defend the said complaynant perceiuing the weakenes inualiditie of his owne title vpon fained vntrue surmises hath exhibited the said bill of complaint into this ho. Court to vexe trouble this defend the other defendants named in the said bill of complaint to maintaine continue his wrongful possession by a void lease of no validitie in law as to your Lo. for the cause aforesaid may apeare which said lease the said compl to the great preiudice hinderance of the said Colledge Students thereof laboureth and seeketh to enioy being void in lawe and which lease if it were a good lease should indure and continue for many moe yeares then the lease made to this defendant and would be lesse in yearely rent and benefit to the saide Colledge then this defendants lease will be respect being had to the things demised And therefore as this defendant thinketh the saide complaynant is not to be releeued by any equitie or maintayned in possession vpon a meere void lease in lawe since that by coulour of the said void lease the said complaynant and his father haue receiued so great a profit for many yeares past without that that the defendant hath by any casuall meanes gotten into his hands and custodie the said Indenture of lease made to the said R. B. of the said rectorie by the said Deane and Chapter and diuers other writings and meane conueyances concerning the same of right belonging to the saide complaynant as most vntruly by the said Bill of complaynt is alledged for that he saith that he neuer had the said supposed lease nor any meane conueyance thereof or that the said Deane and Chapter euer at any time made any such lease to the saide R. B. father of the said complaynant as the said complaynant surmiseth but such a lease as in this defendants aunswere is before alledged or that the defendant vntrulie suggesting vnto the said Deane and Chapter the other defendants in the said bill of complaynt that the tithes in the said seuerall towneships mentioned in the same bill of complaynt were concealed from the said Deane and Chapter and that they had no rent or reuenue at all to them therefore aunswered or paid by the said complaynant nor by any other person or persons as most vntrulie is alledged and surmised by the said bill of complaynt or that the said Deane and Chapter did affirme and declare to this defendant that they would not demise or graunt vnto him this defend any thing that was comprised in the said lease made to the said R. B. or that was mentioned or intended to be demised to him the said R. in or by the same lease Or that vpon any such affirmation this defendant made aunswere that the tythes of the saide seuerall towneships mentioned in the saide bill of complaynt were not demised by the saide Deane and Chapter to the said R. B. And without that this defendant alledged that his purpose was not to challenge any thing by demise from them which was formerlie letten to the said R. B. but only
but exhibited his bill of complaint in this honorable Court surmising the said lease to be come to the hands of the defendant where in troth there is not nor euer was any such Lease made to the said plaintife nor to R. B. the plaintifes father but such a Lease as in the defendants aunswere is declared which Lease being void of no validitie in lawe is the cause of the plaintifes suite in this honorable Court and also the cause of his long delay in the Exchequer aforesaid for if the plaintifes father had euer any such Lease as the plaintife pretendeth he needeth not to vse such vaine vntrue surmises in this Court against the saide defend in his bill replication nor craue an Iniunction in this Court to stay the defend proceedings at the Common lawe nor make secret conueyances to seuerall persons of the tithes in question nor cause the said tithes to be gathered carried away by strong and by vnknowne persons nor protest and auow that the defendant nor any other for him shall euer quietly enioy the tithes in question though he recouered them by all the Lawes in England nor threaten this defendant and his seruants to wound or kill them before the defend should enioy any part of the said tithes so that the said defend shal hardly maintaine any Accion against the true ownere or taker of the saide tithes for the causes aforesaid nor quietly enioy the same being recouered by order of lawe considering that the plaintife is a Gentleman of great worship friends and calling in that Countrie where the saide Tithes do arise and growe wherefore and for that the plaintifes Lease is a meere void Lease for the causes in the Aunswere alledged and the defendants Lease a good Lease and more beneficiall for the poore Schollers of Christs Church then the plaintifes Lease and no reason in lawe or equitie if there be no lawfull Lease in being thereof why the same should not be graunted vnto the defendant For all which causes this defend humblie craueth that the plaintife may shew forth vnto this court vnder the chapter seale such a Lease as by his saide bill and order in this Court he pretendeth And if the plaintife faile therein then vpō the now defendants shewing to this Court a transcript of the Counterpane of a Lease for yeares vnder the seale of the Deane Chapter Whereby it may apeare to this honorable Court that the Deane and Chapter did not demise the saide parsonage to the plaintifes father as he affirmeth but that the Deane with the full assent consent of the whole Chapter did demise the same to the plaintifes father in the time of King Edward the 6. which is no Lease of any force in lawe neither is there any equitie to make it better but being obteined at the first for small or no consideration and long enioyed since and now demised to the defendant for chargeable great and iust considerations that then vpon sight thereof it would please this honorable Court to order that the said tithes may be sequestred into the hands of indifferent persons to receyne and keepe them vntill further order shal be taken in this Court And that in the meane time a Commission may be graunted out of this Court to examine the true valew of the saide tithes these three yeares past to the end further order may be taken in this Court for the hauing thereof and quiet enioying of the said tithes to him that shall recouer the same or damages for any part thereof by Accion of Trespas or otherwise And that your Lordship would also be pleased to take order for reformation in the premisses for that now in this time of contention many tithes are subtracted and not set forth at all And without that that any other matter or thing c. All which matters c. The reioinder of W. I. Doctor of Diuinitie Deane of the cathedrall Church of Christ in Oxford of King Henry the 8. foundation R. P. A. W. T. T. to the replication of T. B. Esquier complainant THe aduantage of exception in and to the incertaintie and insufficiencie Sect. 168. of the saide replication to these defendants and euery of them at all times hereafter saued the said defendants euery of them for reioinder in all things say as they before in their said answere haue saide and do and will auerre maintaine and proue their saide answere and euery thing therein conteyned to be iust and true in manner and forme as they be there declared and set foorth and that the saide Deane and Chapter do not know of any such lawfull demise made to the saide T. B. as in the saide Bill and Replication is set foorth and that if any such lawfull demise or graunt hath beene made they haue made such prouision as in their Aunswere is declared that no tenants which hold by any lawfull interest should be impeached by their lease made to the said I. D. whereof these defendants had speciall care and therefore the complaynant if it stand so with him that he haue a lawfull lease can receiue no preiudice by any thing done by these defendants And for further reioinder these defendants say that vpon the suit of the said I. D. greatly pressed by sundrie honorable personages in his behalfe and aduertisement that no lawfull state was in being of the premisses nor such profits aunswered to the Church therefore as appertained with offer on the behalfe of the saide I. D. to performe many things profitable to their Church the defendants not hearing any suit or motion made therefore by the said T. B. and esteeming the premisses to be out of any lawfull lease and so enformed which if it prooue not true their graunt is not auaileable condiscended to the suit and entreatie made on the behalfe of the said I. D. as in lawe conscience equitie and good husbandrie towards their Church which by all good due and conscionable meanes they are bound to aduance they were perswaded it was fit for them to do And the rather for that the complainant did not make any meanes nor seeke vnto them for it who if he haue any lawfull lease of the things demised to the said I. D. from their Church then cannot the graunt made to the sAid I. D. be of any force or auaile and if he haue not a lawfull lease then cannot the plaintife defend himselfe of ouer great slacknes to hold it so long without a lawfull lease and in all that time not to discouer the same to their church intending by likelyhood either so to haue retayned it still or distrusting of their well meaning towards him as to other their tenants whome their manner is not to dispossesse or otherwise to intreate then their demeanors do occasion And if the things demised be in charge or aunswered in reuenue to the Colledge as the plaintife doth alledge whether it be perticularlie for those things demised to the said
through the wilfulnes or frowardnes of the saide R. S. according to the charitable and honest intent and purpose of your Lordships saide Suppliant Then your said Suppliant humblie beseecheth your Honor that it may be ordered by your good Lordship that the saide cause may receiue a short speedie vpright and indifferent tryall at the Common lawe in what Court in shall please your good Lordship to appoint And for that your said Suppliant doubteth least by the practise of the said R. S. his libertie may be impeached before the saide supposed cosenage may be fully tryed ended the petitioner therefore humblie beseecheth your good Lo. that by your Lo. order his poore aged father may be protected and defended from arrests or other trouble or molestation vntill the said cause shall receiue a full and finall end and your said Suppliant shall dayly pray to God for c. A Supplication by an Inkeeper imprisoned for treason vpon counterfaite letters from the priuie Counsell who being thereof afterwards discharged by letters from the Counsell had seuerall accions of det laid vpon him before his inlargement And afterwards was from thence remoued to the Fleete and there remayning for his det prayeth that he may complaine of abuses offered to him and to detect others of offences and misdemeanours by them committed And also to write letters to the Commissioners for prisoners for det in the Fleete to compound all causes betwixt him and his creditors To the Right Ho. the Lords c. HUmbly sheweth and complaineth vnto your good Lo. your poore Sect. 185. suppliant dayly Orator I. W. of N. now prisoner in yâ— Fleete That where about the month of September last past in the 32. yeare of her Maiesties raigne one W. P. brought to the said towne of N. certaine counterfait letters vnder the names of the Lo. Chancellor Lord Treasuror and others of her Ma. most honorable priuie Counsell with commandement to I. B. then Maior of the said towne of N. by vertue of the said letters to apprehend take your said suppliant vpoÌ„ suspition of treason to commit him to close prison with beauy irons to be laide vpoÌ„ him the which the said Maior executed acordingly where your said suppliant so continued by the space of 5. weekes And your suppliant being so imprisoned required the said Maior that the said W. P. might be stayed for that he in the same yeare had counterfaited certeine other letters vnder diuers of your Lo. hands but the saide Maior refused to stay him because he came with your Lo. letters to him as he supposed so the said W. P. departed leauing your said suppliant in close prison Whereupon your said poore suppliant sent one to aquaint your ho. with his poore distressed case for redresse reliefe froÌ„ your good Lo. therein who thereupon receiued your honorable letters in your suppliants behalfe directed vnto the said now Maior of the said towne of N. for his enlargement of his said imprisonment But your Lo. said letters notwithstanding your poore suppliant was not set at libertie but detained in prison by the space of 8. dayes after your Lo. letters were deliuered vnto the said Maior by meanes whereof there was one execution for det and diuers other Accions of debt laid vpon him to the vtter vndoing of him his wife 8. poore children your suppliant being a poore Inholder in the saâ—â— towne of N. hauing no other trade of liuing or meanes to maintaine himselfe his poore family by reason of which said vntrue slaunder of suspition of Treason of his long imprisonment of seuen months or more he hath lost all his accustomes guests being many which vsed to come to his said house May it therefore please your good Lo. the premisses being by your Honors tenderly considered for that your said poore suppliant vpoÌ„ his remoue to the prison of the Fleete entered into bond to appeare before your good Lo. at what time soeuer it should please your Ho. to appoint im so to do to admit your said suppliant to complaine before your Ho. of diuers wrongs abuses offered done vnto your poore suppliant as also to discouer detect yâ— said W. some others his confederates of very lewd parts offences coÌ„mitted by theÌ„ And also yâ— it wil please your Ho. to graunt your letters to the CoÌ„missioners for poore prisoners for debt in the Fleete for yâ— speedy compounding ending of all causes betwixt your said suppliant his creditors and your said suppliant as he is most bounden shal dayly pray for your Ho. good Lordship in health and in honour long to continue A Supplication containing that vpon a former supplication the Counsels letters were directed to a knight and others of the cuntrey where both the parties dwelled to heare and end a cause being a matter of account whereupon the knight and the others first wrote their letters to the parties and they not comming before them vpon their letters they did thereupon by vertue of the Counsels said letters send their precept vnto them commaunding them to appeare before them for ending of the said cause who refused to come before theÌ„ the which his contempt was by the said knight c. certified to the Counsell against them And now the petitioner prayeth the Counsels warrant to bring the parties before the said knight c. for the ending of the said cause and if the said parties wilfully refuse to stand to and obey their order then to commit them to the Gaole there to remayne vntill they will be contented to obay and performe the same To the Right Honorable the Lords c. HUmbly sheweth vnto your good Lo. your humble suppliant N. Sect. 186. C. Clothier that whereas vpon a former petition exhibited vnto your good Lo. declaring the iniurious vnconscionable sinister dealings of one T. N. I. his sonne touching a matter of debt account which was by your said suppliant fullie satisfyed Yet continued they suite against your said suppliant for the space of seuen yeares together only of purpose malice to the end to molest trouble impouerish your said suppliant as by diuers certificates then to your Ho. by your saide suppliant shewed did fully at large appeare as also the lewde euill conuersation demeanor of the said I. N. dulie certified vnto your good Lo. by the towne of C. in the County of S. vnder the common Seale of the same towne whereupon it pleased your good L. to direct your honorable letters vnto Sir G. T. of A. in the said County of S. knight others to call before them the said T. N. and all other persons whom that matter did in any wise concerne and that vpon due hearing examination of witnesses vpoÌ„ both parts to be produced to proceede to the finall ending determining thereof according to equitie conscience and thereupon the said Commissioners according to your Lo. said letters of
husbandman artificer laborer or any Ecclesiasticall person as Archbishop Bishop Archdeacon Deane Parson Vicar Clerke c. Or any Corporation or bodie ciuill politique or corporate hauing couent or common seale as Baylife and Burgesses Maior and Comminaltie or any other fraternitie or brotherhood 11. H. 4. 44. 12. H. 4. 20. 14. H. 4. 21. 7. H. 6. 27. And albeit it be not necessarie alwayes in fines to giue the parties their proper additions of place dignitie estate degree misterie or occupation Yet if there be two or more in one parishe of one name and surname it seemeth requisite for distinction sake to giue them some additions c. as I. S. senior or iunior c. As if a man haue two sonnes of one name or the father and his sonne be of one name the father shall not carie the addition of senior but the sonne of iunior and not the elder brother but the yonger 37. H. 6. 29. 47. E. 3. 16. What persons may be Cognizees in fines and secondly by what names they must be named ALl such persons as may be grauntees or take contracts may bee Sect. 15. cognizees as persons of full age Infants femes couert madde men lunatique ideots men imprisoned men without the Realme And all Corporations and ciuill bodies men attainted of felonie or treason men outlawed in personall actions bastards clerkes conuict villeines aliens c. And if a fine be leuied to a feme couert she needeth not to bee examined because she taketh by the fine And if she had any better estate before the fine the fine shall not conclude her to claime it 3. H. 6. 42. 41. E. 3. 7. 50. E. 3. 9. 24. E. 3. 62. Neither shall an Infant being cognizee 〈◊〉 24. E. 3. 62. because the fine is for his benefite Tenant 〈◊〉 may be cognizee in a fine by which the cognizee doth confesse all his fight which he hath in the lands to be the right of the tenant for life and release and quite claime to him and his heires and not commit any forfeiture for thereby his former estate is not changed and it may inure to him in reuersion or remainder 1. H. 7. fol. 5. And an Abbot Deane and Chapter Maior and Cominaltie such like CorporatioÌ„s may be cognizees in fines But before the ingrossing of the fine to such Corporation a writ ought to be directed to the Iustices of the common place quod permittant finem illum leuari 5. H. 7. 25. 19. H. 6. 25. A Prior may be cognizee 22. E. 4. 15. E. 4. 22. But persons ciuilly dead as Monkes Channons and Friers can not be cognizees because they be vnder the rule of others and want ciuill capacitie 5. H. 7. 25. 19. H. 6. 25. By what names 2 Cognizees in fines must be named by their right proper names surnames for a fine being leuied to A. and Sibell his wife where her Christian name was Isabell was holden void 1. Ass pla 1. See the Section how the Cognizors are to be named and that will satisfie you for the naming of Cognizees Before what persons Fines may be knowledged HAuing thus perused the capacities estates names of cognizors Sect. 16. and cognizees it is time to inquire of the Iudges before whom this businesse may be handled Touching which it is to be noted that of these some are Iudges only at the time of the cognizances certificat thereof And others at the time of the Concord And Iudges of the cognizances are such persons as haue power to take such cognizance eyther by vertue of their offices or by some commission generall or speciall graunted vnto them by her Maiestie out of the high court of Chauncery All or two of the Iustices of the Common place may in open court take knowledge of fines and record them by vertue of their offices 15. E. 2. cap. And the chiefe Iustice of the Common place by the priuiledge and prerogatiue of his place and office may take cognisance of fines in any place out of the court and certifie the same without writ of Dedimus potestatem Dyer fol. 224. pla 31. And it seemeth by the Statute 15. E. 2. that if the parties be not able to trauell two of the Iustices of the common Bench with the consent of the rest or one of them with a Knight may go vnto the parties and receiue and certifie their cognizances into the said Court without any Dedimus potestatem to enable them thereunto But this course is long sithence discontinued And it seemeth that â—â—stices of Assises by the generall wordes of their Patents may take and certifie cognizances of fines without any speciall Dedimus potestatem for the wordes be in effect as followeth that is to say Necnon ad recipiend ' omnes fines concordias recognitiones in circuitu suo coniunctim diuisim recognitÌ„ pro illa vice in circuituillo non obâ—lante aliquo actu statuto siue ordinatione in contrarium c. Yet such Iustices vse not now to certifie them without a speciall writ of Dedimus potestatem sued forth of the Chauncery directed vnto them and giuing them therby power to take and certifie such cognizances as they haue alreadie taken Dyer fol. 224. plac 51. 5. Eliz. â— H. 7. 9. And fines haue beene leuied before Iustices Errants Lib. Intrac ' titulo Scire fac ' in Ayde 2. Of a Dedimus potestatem de Fine leuando A Special commission for a fine is a writ of Dedimus potestatem directed Sect 17. to some persons to take the cognisances of the cognisours which is graunted out of the Chauncery when Cognisors of fines by reason of infirmitie or other reasonable cause cannot come to the Court there to make cognisance thereof This Dedimus potestatem must containe the substance of the writ of Couenant and recite that it is thereof depending betweene the parties bearing Teste after the writ of Couenant which writ of Dedimus potestatem ought to be directed to men of good credite conscience and exptert in the lawes who must certifie the same with the cognisances to the Iustices of the common Plees as shal be shewed hereafter And euery such Dedimus potestatem to a special commission must be signed by the Lord Chancelor or Lord Keeper and Lord chiefe Iustice of the common plees or by some of the Iustices of the circuit where the land lyeth But now many writs of Dedimus potestatem to take knowledge of fines bee directed to men of meane degree and small knowledge with whom sometimes for fashion sake in such commissions be ioined Lords Knights and other of good credite but be seldome vsed in the execution thereof By meanes wherof oftentimes this busines is vnduely effected and Recognisances of femes couert within age and of other weomen neuer duely examined and of Infantes as also of madde men Lunatiques Ideots and men imprisoned are sometimes certified which would neuer be suffered if such Cognisors were for
knowledge a fine and before Feme the returne thereof marry this fine may be certified engrossed as of a feme sole because the taking of her husband after the fine knowledged is her owne voluntarie act and such fine shall barre her and her heires for euer Dyer fo 246. pl. 68. Mich. 7. 8. Eliz. Euery writ of Dedimus potesâ—atem to spiritual Commissioners for Signed the taking of the cognisance of fines ought to be signed by the L. Chanceller or L. Keeper or chiefe Iustice of the CoÌ„mon place or the Iustice of the circuite where the land lieth Of thinrolement of writs of Couenant Dedimus potestatem and knowledges thereupon which is termed the foote of the fine BEfore thingrossing of the fine by the Cirographer the writ of Couenant Sect 157. the writ of Dedimus potestatem with the knowledges and notes of the same must be inrolled in a roll to be of record for euer to remaine Inrolment in the safe custody of the chief Clarke of the CoÌ„mon place which is Custos breuiuÌ„ his successors who must haue xxii d fee for entring Custos breuiâ— Fee of the Concord to thintent that if the notes of the fines in the custody of the Cirographer be imbesilled execution may be had vpon the said roll Imbeselling ProclamatioÌ„s The foote of the fine 5. H. 4. cap. 14. Vpon this Roll the Proclamations are endorsed and these notes are termed the foote of the fine Dyer fol. 321. plac ' 19. 15. Eliz. Of the note of the Fine THe note of the fine is a note thereof made by the Cirographer before Sect 158. The note of the fine it be ingrossed which beginneth thus EborÌ„ ss Inter A. B. querÌ„ C. D. deforc ' de duobus messuagijs duobus cottagijs centum acrÌ„ terre quadraginta acrÌ„ prati viginti acrÌ„ pasture vna acrÌ„ bosci octo acrÌ„ IampnorÌ„ bruere vno denario redditÌ„ cuÌ„ ptinÌ„ in A. vnde placitÌ„ conuentionis summÌ„ fuit inter eos c. scz qd ' pÌ„d ' C. recognÌ„ tenÌ„ta redditus pÌ„d ' cuÌ„ ê‘tinÌ„ esse ius ipsius A. concessit pro se heredibus suis qd ' praed ' tenÌ„ta redditÌ„ cum ê‘tinÌ„ que pÌ„d ' G. I. tenent ad terminuÌ„ vite ipsius I. de hereditate pÌ„d ' C. die quo hec concordia factafuit que post decessum ipsius I. ad pÌ„d ' C. heredes suos debuerunt reuerti post decessum ipsius I. integre remanerÌ„ praed ' A. heredibus suis tenend ' de capitalibus dominis feodi illius per seruitia que ad praed ' tenÌ„ta redditÌ„ pertinent imperpetuum Et pro hac recognÌ„ concessione fine concordia idem A. dedit pred' B. 100. marcas sterl ' Vpon which note before the ingrossing of the fine if it be of a remainder reuersion rent or seigniory writs of Quid iuris clamat per que seruitia or quem redditum reddit must be sued as the case requireth Plo. fol. 43. b. 22. H. 6. 13. Quid iuris clamat QVid iuris clamat is a Iudicial writ and issueth out of the Recorde Sect 159. of the fine remaining in the keeping of the Custos breuium of the common place Plo. 43. b. before it be ingrossed for after ingrossing it cannot be had Plo. fo 431. b. 22. H. 6. 13. fo Natu. br 147. a which lieth for the grauntee of a Reuersion or Remainder when the particuler tenant wil not atturne to enforce him to atturne 22. H. 6. 13. Plo. 431. b And it is made in this forme Rex vicecomiti salutem PrÌ„ tibi quod venire facias coram Iustic ' nostris Suummons c. tali die G. A. vxorem eius ad cognoscendum quid iuris clamant in vno messuagio decem bouatis terre cum pertinen in B. quae tenÌ„ta cum pertinÌ„ M. que fuit vxor G. in curia nostra c. concessit A. de B. per finem ibi inde inter eosfactum Et habeas c. And the finall cause of this writ of Quid iuris clamat is that the graÌ„tee or cognisee of the reuersion or remainder may by that attournemeÌ„t of the particuler tenant be enabled if cause be giuen to bring an action of wast or to auow for rent reserued or seruices behinde which he cannot doe without attournement Plo. fo 431. b. 22. H. 6. 13. Tenant 〈◊〉 shall atturne though the writ suppose her to be tenant Tenant â—n dower for life because she claimâ—th no greater estate then franktenemeÌ„t Hill 31. E. 3. Fitz. Quid iuris clamat 3. yet it seemeth she thereby looseth her warranty and aduantage to be newly endowed if she be euicted 10. E. 3. Fitz. Quid iuris clamat c. 41. If a gift be for life the remainder for life the writ must mention the Briefe remainder Hill ' 3. E. 3. 15. E. 3. Fitz. Fines 9. It is meete therfore to learne who are compellable hereby to atturne and who not and by whom What persons may obtaine attournement by Quid iuris clamat and what not THe grantee of a reuersion void of impediments 34. H. 6. b. Fit na Sect 160. Grauntee de reuersion Infant br fo 168. b. Fitz. nat br 147. a But an Infant cannot because if a lease for life without impeachmeÌ„t of wast be pleaded in barre he cannot coâ—fesse it 43. E. 3. 5. contra 23. E. 3. Fitz. Quid iuris c. 42. If the cognisor haue nothing in the reuersion the tenant shall not atturne Nothing in the reuersion Lib. IntÌ„ fo 536. A feme Couert without her husband albeit the fine was leuied when Feme couert she was sole 11. H. 4. 7. If there be diuers pleas and one die hanging the plea yet shall the tenant Diuers atturne to the rest 48. E. 3. 32. Or if diuers sue the writ and one be nonsuit yet attournement shall Diuers be vnto the other without summons and seuering of the other 46. Ed. 3. 32. Abbotauera attournement dun tenÌ„ pur vie sans mrÌ„e licence nest Abbot forfaiture 17. E. 3. 7. If cognisee disseise the tenant of part he shall haue no atturnement Disseisor 19. E. 2. Fitz. Quid iuris c. 46. What persons be compellable to atturne by Quid iuris clamat and what not THe writ of Quid iuris clamat lyeth against the particuler tenant of Sect 161. T. for life the land for life 34. H. 6. b. Na. br fol. 168. b. Fitz. nat fo 347. a 49. h. though he be but tenant for life of land holden in Capite or a feme couert Feme couert 45. E. 3. 11. And a tenant for yeres shall atturne 3. H. 4. 3. T. for yeres T. in taile T. in taile after posâ— But tenant in taile is not compellable because of the estate of inheritance which is
aut vnquam postea Et hoc paratus est verificare vnde quoad redditÌ„ illum cu pertinÌ„ peâ— iudiciuÌ„ de breui c. et praed ' P. fil' P. quoad dictuÌ„ redditum centum solid ' dicit quod die impetrationis breuis sui de Scire facias scilicet die c. anno c. praedict ' T. R. fuit tenens vt de libero tenemento de viginti acris terre cum pertinentijs in praedicta villa de H. vnde redditus ille cum pertinentijs prouenit Et dicit qâ—od idem T. tunc fuit deforc ' eiusdem redditus cum pertinentijs vt de libero tenemento prout per idem breue supponitur Et petit suo periculo executionem eiusdem redditus cum pertinentijs versus eum adiudicari c. Ideo c. quoad redditum illum cum pertinentijs cons est quod praedictÌ„ P. filius P. habeat inde executionem suo periculo versus prefatÌ„ T. R. virtute finis praedict ' c. Et quoad praedict ' octo acras bosci cum pertinÌ„ vnde c. idem P. fil' P. dicit quod tempore leuationis finis praedict ' praed ' T. G. qui fuerunt partes fini illi fuerunt seisiti de eod ' bosco cum pertinentijs vnde c. in dnÌ„ico suo vt defeodo c prout per â—undem finem supponitur Et hoc petit quod inquiratÌ„ per patriam et pÌ„d ' T. R. similit ' Ideo quoad hunc exitum xij c. Scias quod cons est in curia nrÌ„a c. quod P. B. filius et heres P. B. habeat executionem versus T. R. de centum solid ' redditus cum pertinÌ„ in H. virtute cuiusd ' finis icde leuatÌ„ in curia domini E. quondam Regis c. apud W. in oct ' c. anno c. coram W. B. et socijs suis tunc Iusticiarijs eiusdem c. de Banco inter R. c. querÌ„ et T. P. et B. vxoreÌ„ eius deforc ' de redditu praed ' cum pertinenÌ„ ac de alijs terris et tenÌ„tis in eodem fine contentis per defaltÌ„ c. Et ideo tibi precipimus quod eidem P. de redditÌ„ praed ' cum pertinÌ„ sine dilatione plenarÌ„ executionem et seisinam habere facias T. c. Scias quod cons est in curÌ„ c. quod R. filius et heres R. habeat seisinam execuc ' versus R. D. de manerio de A. cum pertinenÌ„ in comÌ„ tuo HeÌ„re fac ' seisinam sur recouery sur defaltÌ„ in scire fac ' per defaltÌ„ praedict ' R. virtute note cuiusdam finis nuper leuati in curia praedictÌ„ R. nuper Regis c. apud W. a die c. anno c. coram R. B. socijs suis Iusticiarijs praedict ' nuper Regis de banco et postea in oct c. anno c. ibidem concess et recordatÌ„ coram eisdem Iusticiarijs alijs eiusdem nuper regis fidelibus tunc ibi praesentibus inter R. de A. c. querÌ„ I. de S. E. vxorÌ„ eius deforciantÌ„ de manerijs de O. et R. cum pertinentijs in comÌ„ N. et de praedict ' manerio de A. in comitatÌ„ tuo ideo tibi praecipimus quod eidem R. fil' R. de praedict ' manerio de A. cum pertinenÌ„ sine dilatione plenarÌ„ seisinam et executionem habere facias T. c. Postea die et loco c. venit R. W. infranominatÌ„ in propria personÌ„ Receite of a feme couert vpon her husbands defalt sua et W. N. infranominatÌ„ solemniter exactus non venit sed I. vxor eiusd ' W. infranominatÌ„ in propria persona sua venit et dicit quod maneria infra specificatÌ„ sunt ius ipsius I. et quod ipsa parata est ostendere quod praedictÌ„ R. W. executionem de manerijs illis virtute finis infrascriptÌ„ habere non debet vnde ex quo venit ante iudicium redd ' parata praefatÌ„ R. inde responderÌ„ ius suum defenderÌ„ petÌ„ quod ipsa per defalt praef W. viri sui non amittat inde ius suum sed quod admittatur inde ad defensionem iuris ipsius I. Ideo c. Certaine cases of the nature and forme of a Sci. Fa. vpon a fine ANd a Scire fac to execute a fine must agree with the fine and then Sect. 179. Surplusage it is not materiall if one thing be twise demaunded thereby as a maner and a hundred parcell of the same maner 27. H. 8. 2. A Scire facias may be sued vpoÌ„ the note of the fine before it be ingrossed Vpon the note by the Cirographer 22. H. 6. 13. But of a fine leuied before time of memory a man shal not haue execution A fine before memorie by Scire facias 1. E. 4. 6. ContrÌ„ 16. H. 7. 9. Where a fine executory is leuied of a Seigniory if the land escheat Of land in lieu of the seruices or the tenant be foriudged c. the Cognizee shall haue a Scire facias of the land in lieu of the seruices 48. E. 3. 11. A Mittimus maketh no mention whether the fine be ingrossed or no but cum quidam finis leuasset c. 22. H. 6. 13. If a fine be leuied to A. in taile the remainder to B. in taile the remainder to C. in fee And the record is sent into the Chauncerie and the first tenant in taile dyeth without issue and the record commeth backe into the Bench by Mittimus at the suit of him in the first remainder and thereupon he had a Scire facias to execute the fine died without issue before execution had he in the remainder in fee shall not hereupon haue a Scire facias without a new coÌ„maundement because the record was once out of the Court came againe at the suit of him in the first remainder vnto whom he in the remainder in fee is an estranger yet thissue of him which remoued the record in this cause might haue a Scire facias without any new commaundement because he is priuie 14. H. 7. 16. 9. E. 4. 15. 11. E. 4. 13. If two sue a Scire fac ' to execute a fine the one dieth the surâ—â—or shal haue a Scire fac ' without any new commaundement 1. E. 4. 13. But if diuers persons as heires vnto A. B. pray a Scire fac ' it is not grauntable vntill they haue sued seueral writs to the Iustices of the bench coÌ„maunding them to make execution 11. E. 4. 13. T. 21. E. 4. In a Scire facias to execute a fine as cosin and heire to him in the remainder Coment cosin heire or reuersion after the death of the particuler tenant the plaintife needeth not to shew how cosin and heire so long as the plea hath continuance by Idem dies c. giuen to the
the fine but vnto some thing in or issuing out of the same seeme not barrable at all by any such fine nonclaime As if a tenant in Auncient demesâ—e leuy a fine with c. at the common law of his lands in auncient demesâ—e the Lord in auncient demesâ—e may haue his writ of Deceipt and thereby auoid the fine at any time thereupon his tenant shal be restored to the land because the Lord claimeth not the land whereof the fine is leuied but his auncient Seigniory and seruices issuing out of the same Plo. 370. b. It seemeth such fines doe not barre such estrangers as haue rent coÌ„mon way estouers or any such charge out of the land for it seemeth that these fines extend onely to binde the state title right claime entrie and interest in and to the land and no profits to be taken out of the lands nor to take power giuen to executors or others to sell the land Brooke titÌ„ Fines 123. Pleas to aâ—oide Fines IT is a good plea to say that I. S. was seised tempore leuac ' and before Sect 191. the fine leuied without that that the parties to the fine had any thing therein at the time oâ— the fine leuied 9. H. 4. 27. 3. H. 6. 27. Or to say that the parties to a fine had nothing c. but A. B. whose estate he hath Et de hoc ponit se super priÌ„am 33. H. 6. 18. 26. H. 6. f. 9. 42. E. 3. 20. 4. H. 4. 8. 14. H. 4. 33. 4. H. 7. ca. 24. If there be two R. D. of one name the one leuy a fine of the land of thother thother may auoid the fine by pleading that there be two of one name and thother K. D. leuied the fine and not he And in like maner if any estranger leuie a fine in the name of another that is owner of the land 34. H. 6. 19. ContrÌ„ tenÌ„ 19. H. 6. 44. because it is a matter of recorde therefore hath no other remedie in such case but an action of disceit Neither parties to fines nor their heires may pleade in auoidance thereof that before the leuying and at the leuying of the same since the demaundant or plaintife or their heires were alwaies seised of the lands conteined in the fine or of parcel thereof StatÌ„ de finibus 27. E. 1. ca. 1. 12. E. 4 15 19. yet by Fairefax if tenant in taile the remainder in fee leuie a fine sur cognisance de droit come ceo c. hee in the remainder may auerre the continuance of possession notwithstanding the fine and statute because he is neither the partie nor his heire and so may a Feme couert where her husbande sole leuieth the fine 12. E. 4. 12. The issue in taile may auerre continuance of possession against a fine sur cognisance de droit tantum or surrender but not against a fine sur cognisance de droit come ceo que il ad de son done because that fine is executed and the other executorie 12. E. 4. 15. 19. 11. H. 4. 85. Of a writ of Error A Writ of Error to reuerse a fine lieth where there is Error in any Sect ' 192. fine and thereby not the record of the fine it selfe shal be remoued but the transcript thereof vpon which transcript of the note of the fine the plaintife may assigne his errors And if the Iustices thinke that the point assigned for error is error they may send for the note of the fine reuerse the same Fitz. nat fo 20. f. As if baron and feme leuie a fine to an estraunger the feme being within age they may haue a writ of error to reuerse the fine for this cause during her nonage Fitz. nat 21. d. 27. ass pl. 17. 50. E. 3. 4. And when a fine is to be reuersed by error the course is for the plaintife in the writ to haue seueral writs of Error one directed vnto the chiefe Iustice of the court of Common plees to certifie the record proces of the fine another vnto the Custos br of the same court to certifie the transcript of the foote of the fine and the third vnto the Chirographer to certifie the transcript of the record and proces of the fine the seueral formes whereof be as followeth A writ of Error directed vnto the chiefe Iustice of the court of common plees Regina c. dilecto fideli suo Edm. Anderson Militi salutem Quia in record ' processu ac etiam in leuatione cuiusdam finis in curÌ„ nrÌ„a coram vobis socijs vestris Iustic ' nostris de banco apud WestmÌ„ in octabis S. Michaelis vltimo preteritis per breue nostrum de conuentione inter I. G. seniorem armig ' M. vxorÌ„ eius I. G. iuniorem generosum querentÌ„ G. H. deforc ' de manerio de G. cum pertinÌ„ ac de vno messuagio xv cottagijs quindecim toftis quatuor horreis quindecim gardinis duobus pomarijs ducentis acrÌ„ terre octoginta acrÌ„ prati centum acrÌ„ pasture sex acrÌ„ bosci trescentis acrÌ„ more communia pasture pro omnibus auerijs com ê‘tinÌ„ in G. in comÌ„ EborÌ„ leuatÌ„ error interuenâ—t manifestus ad graue dampnum ipsius G. sicut ex querela sua accepimus Nos errâ—rem si quis fuerit modo debito corrigi eid ' G. plenam celereÌ„ Iustic ' fieri volentes in hac parte vobis mandamus quod recordum processum finis praed ' cum omnibus ea tangenÌ„ que in custodia vestra existunt vt dicitÌ„ nobis sub sigillo vestro distincte a ê‘te mittatis hoc breue Ita quod ea nabeamus in octabis S. Hill ' vbicunque tunc fuerim ' in Angl ' vt inspectis recordo processu finis pÌ„d ' vlterius inde pro errore illo corrigendo fierifaciamus qd ' de iure secund ' legem coÌ„suetud ' regni nostri Angl ' fuerit faciend ' c. A writ of Error vnto the Custos breuium of the Court of Common plees Regina c. dilecto sibi Tho. Spencer armig ' custodi breuium suoruÌ„ de banco salutem Quia in recordo processu ac etiam in leuatione cuiusdaÌ„ finis in curÌ„ nrÌ„a de Banco apud WestmÌ„ in octÌ„ sancti Mich. vltimÌ„ pÌ„terito coram Ed. Anderson Milite socijs suis Iustic ' nrÌ„is de banco pÌ„dictÌ„ per breue nostrum de conuentione inter c. de c. Vobis mandamus quod transcriptum pedis finis praed ' cum omnibus ill'tangenÌ„ que in custod ' vrÌ„a existunt vt dicitur nobis sub sigillo vestro c. vt InspectÌ„ transcriptÌ„ pedis finis praed ' vlterius inde c. A writ of Error vnto the Chirographer of fines Regina c. dilecto sibi Th Crompton Armig ' Chirographario suo de Banco salutem quia in recordo processu ac etiam in leuacione
respondend ' W. R. de placito quod warrÌ„ ei octo mesuag ' sex gardina tria pomarÌ„ quatuor acrÌ„ terrÌ„ sex acr ' prati duas acrÌ„ pasture cum pertinentÌ„ in B. B. quae tenet de eo tenere clamat vnde cartaÌ„ sâ—am habet c. Et vnde idem W. per W. C. atturn ' suum dic ' qd ' praed ' E. nuper fuit seisitus de tenementis praed ' cum ê‘tin ' in dominico vt de feodo sic inde seisitus existens idem F. 19. die S. anno Regni dnÌ„ae Reginae nunc 25. apud B. praed ' per quandam cartam suam quaÌ„ idem W. R. sigillo pÌ„d ' F. signatÌ„ hic in curÌ„ ê“fert cuius datÌ„ est eisdeÌ„ die anno dedit concessit teâ— praed ' cum pertinentÌ„ praef W. R. habend ' sibi herÌ„ suis impepetuum vlterius pÌ„d ' F. per. cartam praed ' tenementÌ„ pÌ„d ' cum pertinentÌ„ eidem W. hered ' suis coÌ„tra omneshomines warranÌ„ prout per cartamâ—llam plen ' apparet virtute quorum quidem don ' coÌ„cessionis idem W. fuit adhuc est scisitÌ„ deten ' praed ' cum pertinentÌ„ in dominico suo vt defeodo Et sic inde seisitÌ„ existentÌ„ quidam D. D. arrain ' versus ipsum W. quandam assisam noue disseisiâ—e de praed ' tenementÌ„ cum ê‘tinentÌ„ coram I. C. vno baronÌ„ ScaccarÌ„ dnÌ„ae Reginae et F. R. vno seruien ' ipsius dnÌ„ae Reginae ad legem Iustic ' eiusd ' dominae Reginae ad assisas in comÌ„ praed ' capiend ' assign ' per formam statuti c. per qd ' idem W. R. pendente assisa illa sepâ—us requisiuit praef F. quod ipse praed ' tenementÌ„ cum pertinentÌ„ eidem W. warrÌ„ idem F. ten ' illa cum pertinentÌ„ eidem W. hucusque warrÌ„ contradixit adhuc contradicit vnde dic ' quod deteriorat est damnum habet ad valentiam centum librarum inde produc ' sectam c. SYMBOLEOGRAPHY Of Recoueries for Assurances c. called common or feigned Recoueries IN euery Recouerie are to be regarded the demandant Sectio 1. the tenant of the land the vouchee as the efficient causes thereof The land demaunded as the matter which must as certeinly be set downe in writs of Entre as in writs of Couenant whereupon fines are leuied The end and effect of such recoueries is to discontinue and distroy estates tailes remainders and reuersions and baire the former owners thereof The Demaundant is he that bringeth the writ of Entre and may be termed the Recouerer The Tenant is he against whom the writ is brought and may be termed the Recoueree The Vouchee is he whom the tenaÌ„t voucheth or calleth to warranty for the land in demaund And such persons may be demaundants tenants and vouchees in these recoueries as may be Cognizors and Cognizees in writs of Couenant and by such names Mutatis mutandis Sauing that if any recouery be had against any tenant in taile the reuersion or remainder being in the Queene of the gift of the Queene or of any of her Maiesties progenitors kings of England such recouerie will neither barre the issue in taile of his Entre nor discontinue his estate nor pluck such reuersion or remainder out of her Maiestie 34. H. 8. cap. 20. Quaere tamen si tiel recouerie barre lissue in taile during the continuance of the estate taile Dyer fol. 132. pla 1. Item before such persons by such meanes and in such maner may warrants of Attorney bee knowledged and certified as fines knowledged in the Countrie sauing that the recognizance of warrants of Attorney may be taken by any Iustice or Seriant without a writ of Dedimus potestatem And fines must be paied vpon writs of Entre as vpon writs of Couenant And all such writs of Entre must be signed by the Queenes Atturney before they can be sealed In a Recouerie with double voucher the fine must bt sued first to make him tenant at the time of the writ of Entre brought for euery writ of Entre must alwaies be brought against him that is tenaÌ„t of the freehold of the land demauÌ„ded at the time of the writ brought 18. R. 2. and Dyer fol. 252. pla 98. for that that the estate of the tenant in taile which is vouchee is barred in respect of the assets only which is or may be recouered in value Plow Basset vers Manxel fol. 11. a and of execution sued by the tenant against him And if the tenant haue but an estate for life or in dower or by the curtesie then to haue a good recouerie thereof it is meete that such tenant make a conditional Surrender of his estate to him in the reuersion or remainder to the end he may be a perfect tenant of the inheritance and then to bring the writ of Entre against him And after that the recouery is executed the particuler tenant for breach of the condition may enter and inioy his terme notwithstanding such surrender See the like Surrender in the Chapter of Surrenders in the first part of Symboleography Of what thinges writs of Entre may be brought and by what names PRaecipe quod reddat lyeth de vna acra terre aqua cooperta vel de Sect 2. acra terre 12. H. 7. fol. 4. de gurgite 10. E. 3. 14. Ed. 3. 842. Fitz. nat bre fol. 191. h. Et de passagio vltra a quam Fitz. nat br fo 191. i. de balliua 34. Ed. 3. 423. de officio 27. H. 8. fo 12. de aduocationÌ„ ecclesie aut de quarta ê‘te decimarÌ„ 34. Edw. 3. deporcione decimarum Dyer fol. 84. pla 83. de quadam parcella terre Dyer fol. 84. pla 83. de custod ' terre haered ' siue custod ' terre Register 161. 22. Edw. 3. fol. 19. Praecipe quod reddat lyeth of all maner of Ecclesiastical or Spirituall profits vt de Rectoria Vicaria porcionibus pencionbus decimis c. per statutÌ„ 32. H. 8. cap. 7. de omnibus omnimodis decimis maioriê° mixtis minutis infra villam siue hamletÌ„ de B. in parochia de A. quoquo modo crescenc ' contingenÌ„ ac annuatim renouanÌ„ c. Thel lib. 8. cap. 9. S. 2. de quarta parte decimaruÌ„ oblationum ecclesie sanct ' P. c. 16. Ed. 3. de quadam porcione decimarum or terre not shewing how much 1. H. 4. fo 1. Dyer fol. 84. pla 83. 84. 85. and 86. In old time de hida terre per Glanuile de caruca terre 4. E. 3. 161. de bouatÌ„ terre 6. Ed. 3. 291. de sex pedibus terre in longitudine quatuor pedibus in latitud ' 14. Ass 13. A Praecipe quod reddat lieth detofro situ molendini 14. Ed. 3. de hundredo de C. balliuato de B. 34. Ed. 1. 3. E. 3. de pasturÌ„ ad sex boues
defendant do not appeare Paine in the writ not forfaited at the returne of the writ either by himselfe or his Atturney the said paine is not forfaited or leuiable for it is in terrorem tantum 8. E. 4. 6. 10. H. 7. 4. Then vpon O the made before some Master of the ChaÌ„cerie Oath for seruing the Subp for the seruing of the subpena which Oath must be that it was serued on the defendant himselfe or at his dwelling house so that hee might haue notice therof or that the deponant did see another serue the same as aforesaid or that the defendant confessed to the deponent that he was serued an Attachment shal be awarded against the defendant as is said in haec verba Of an Attachment ELizabeth c. vt antea vic' South salutem Praecipimus tibi quod attachias Sect ' 22. A. C. Ita quod eum habeas coram nobis in Cancellaria nostrÌ„ in crastino sanct ' Trinitatis proximÌ„ futurÌ„ vbicunque tunc fuerit ad respondend ' nobis tam de quodam contemptu per pref A. C. nobis illaf vt dicitur quam super hijs que sibi obijcientur tunc ibid ' Et adfaciend ' vlterius recipiend ' quod CurÌ„ nostra considerauerit in hac parte Et hoc nullatenus omittas Et habeas ibihoc breue Teste c. And if the defendant cannot be found vpon the Attachment and that Non est inueÌ„tus returned the Sherife returne quod def non est inuentÌ„ in balliua sua sometimes the Court vpon motion will if the plaintifes suit be for the stay of some suit or action of extremity at the common law stay the defendants suit vntill he hath answered the plaintifes vil and satisfied the Court for his contempt but in ordinarie causes the party proceeds to his Attachment with proclamation which followeth in haec verba Of an Attachment with Proclamation ELizabeth c. Vicee ' S. salutem Precipimus tibi quod in omnibus Sect ' 23. singulis locis infra balliuam tuam tam infra libertates quam extra vbi magis expedire videris ex parte nostrÌ„ publice proclamarifac ' quod A. B. sub pena ligeantiae suae curam nobis in CancellarÌ„ nostra in octab Sancti Michaelis proximÌ„ futurÌ„ vbicunque tunc fuerit personaliter compareat nihilominus si ipsum A. B. interiâ— inuenire poteris ipsum attach Ita quod eum habeas coram nobis in dicta Cancellaria nostra ad diem praedictum ad respondend ' nobis tam de quodam conteÌ„ptu per praefatÌ„ A. B. nobis illatÌ„ vt dicitur quam super hijs que sibi obijcientur tuncibidem Et ad faciend ' vlterius recipien d' quod Curia nostra considerauerit in hac parte Et hoc nullatenus omittas Et habeas ibi hoc breue Teste c. An Attachment in the Cinque ports REgina c. predilecto fideli suo W. Brooke MilitÌ„ dnÌ„o Cobham Sect ' 24. ConstabularÌ„ castri sui DouorÌ„ ac deputato suo in officio custodis quinque portuum suorum salutem vobis mandamus quod sub sigill ' officij vestri balliuo libertatis ville de Hastings vel Maiori vel Iuratoribus antique ville detis in mandatis quod attach H. S. Ita quod eum habeat c. An Attachment in the Countie palantine of Lancaster REgina c. Cancellario suo ducatus sui Lanc ' veleius deputato ibidem Sect ' 25. salutem vobis mandamus quod per breue nostrum sub sigillo nostro comÌ„ nostri ducatus praedicti vic' nostro eiusdem comÌ„ detis in mandatis quod attach R. S. Ita quod eum habeat coram nobis in CancellarÌ„ nostra in quindena Paschae proximÌ„ futurÌ„ vbicunque tunc fuerÌ„ ad respondend ' nobis tam de quodam contemptu per praefatÌ„ R. S. illatÌ„ vt dicitur quam de alijs sibi tunc ibidem obijciend ' and faciend ' vlterius recipiend ' quam curÌ„ nostra considerauit in hac parte Et hoc nullatenus omittat habeat ibi breue quod sibi inde deuenit Teste c. The attachment for costs is of the same forme of the Attachment next before verbatim and is thus indorsed viz. Per CurÌ„ ad sectam A. B. quia non soluit expensis And if the AttachmeÌ„t be awarded against any dwelling within the Countie Palantine of Chester then it is directed to the Chamberlaine of the countie Palantine of Chester and is of this forme ensuing ELizabeth dei gratia angl ' Franc ' Hiberniae Regina fidei defensorÌ„ Sect ' 26. c. Camerario suo CestrÌ„ Salutem Mandamus vobis quod per breue nostrum sub Sigillo nostro comitatÌ„ nostri Palatini CestrÌ„ detis in mandatÌ„ vicecomÌ„ comÌ„ praedict ' quod attachiat R. M. genÌ„ Ita quod eum habeatÌ„ coram nobisin CancellarÌ„ nostra in quindena Paschae proximo futuro vbicunque tunc fuerÌ„ ad respondendum nobis tam de quodam contemptu nobis per praefatum R. illatÌ„ vt dicitur quam de alijs tunc ibidem obijciendum Et ad faciendum vlterius recipien dum quod curia nostra considerauerit in hac parte Et hoc nullatenus omittatis Et habeat ibi hoc breue Teste me ipsa apud WestmÌ„ 14. die Martij AnnÌ„ Regni nostri decimo octauo W. Cordell And the attachment is endorsed as followeth Endorsemenâ— Per curiaÌ„ ad sectam I. B. alijs quia non soluit expensis The returne of the Attachment by the Chamberlaine Responsio Ro. comitÌ„â—â—icesterÌ„ camerarÌ„ comÌ„ PallantinÌ„ CestrÌ„ Virtute istius breuis mihi direct ' ê‘ breue dnÌ„e Regine sub sigillo comÌ„ PallentinÌ„ praed ' dedi in mandatÌ„ prout vlterius mihi praecipitur vic' comitatÌ„ praed ' qui mihi sic respondit vt sequitur The Sherffies returne to the Chamberlaine InfranominatÌ„ R. M. non est inuentus in balliua mea Ro. St. miles vic' comÌ„ CestrÌ„ And if the Sherife returne quod def non est muentÌ„ in balliua sua vpon that proclamation then a Commission of Rebellion insueth as followeth to such Commissioners as the plaintife nameth Of a Commission of Rebellion ELizabeth c. delictis sibi A. B. C. D. E. F. salutem Quia A. B. cuÌ„ Sect. 27. per publicas proclamationes per Vic' South in diuersis locis eiusdeÌ„ ComitÌ„ virtute breuis nrÌ„i eideÌ„ vicecomÌ„ directÌ„ ex parte nrÌ„a praeceptum fuerit qÄ‘ idem A. B. sub pena ligeantiae suae coram nobis in Cancell ' nostra personaliter compareret Mandato tamen nostro in ea parte parere manifeste contempsit Ideo vobis coniunctim diuisim mandamus quod praefatÌ„ A. B. vbicuÌ„que fuerit inuentÌ„ infra Regnum Angl ' tanquam Rebellem legis nostrae contemptorem attach vel attachiari facias Ita quod eum habeatis vel habere
praedicto ac nomina AttornÌ„ suorum ad lucrand ' vel perdend ' in praemissis in octabis c. vbicunque tunc fuerit sub sigillis vestris vel duorum vestrum plane distincte aperte mittatis hoc breue T. c. Which Commission is commonly returned with this indorcement Executio istius breuis or istius Commissionis patet in Returne of the Commission quibusdam scedulis eidem annexis Adding the Commissioners names thus W. S. A. B. And then to file the said Bill which is sent inclosed in the said Commission and the defendant answere to the backeside of the same Commissiod And vnder the said answere the Commissioners most commonly cause the defendant to subscribe his name or to set his marke set downe thereunder also these or the like words Capta apud C. in comÌ„ Eborum 32. die A. anno Regni Elizab. Dei gratia Angliae Franciae Hyberniae Reginae fidei defensorÌ„ c. 36. corÌ„ nobis W. S. A. B. The Commissioners subscribing their names also to the said answere Deliuery of the CoÌ„mission in Court And when this or any other Commission retournable in this Court is executed retourned it must be brought into the same Court eyther by one or mo of the Commissioners thereof or by some other credible person but if any other then some of the Commissioners doe put it into the Court he must make oath that he receiued the same Commission at the hands of some of the Commissioners thereof and that by his consent procurement or knowledge it hath not bin opened or altered since he so receiued the same Of a Supersede as to stay the execution of a Commission to examine witnesses AND yet some time vpon good cause a writ of Supersede as is awarded Sect. 35. to stay the execution of such and other Commissions in this forme following Regina praedicto fideli suo Io. domino Darcy Ac dilectis G. F. A. E. T. R. armigeris salutem Licet nos nuper per breue nostrum assignauimus vos tres vel duos vestrum ad quoscunque testes super quibusdam Interro gatÌ„ in dicto breui nostro interclus pro parte W. W. querÌ„ versus R. M. I. S. defendentes Ac quod vos examinationes testium praedictorum nobis in CancellarÌ„ nostram ad certum diem in dicto breui nostro limitatÌ„ sub sigillis vestris trium vel duorum vestrum mitteretis prout in eodem breui nostro plenius continetÌ„ Quibusdam tamen certis de causis nos ad praesens specialiter mouentibus vobis praecipimus quod in executione dicti breuis nostri per vos tres vel duos vestrum vlterius fact ' vel faciend ' minime procedatis sed inde supersedeatis vnico dicto breui nostro vobis prius in contrarium direct ' non obstanÌ„ T. meipsa apud c. A commission to prooue that one who had made Affidauit that the defendant was so sicke and impotent that he could not appeare in the Chancerie to answere the plaintifes bill had therein deposed vntruly REgina predilecto fideli suo O. domino sancti Iohn de Bleâ—soe ac Sect. 36. dilectis sibi Lodouico Dyue R. N. R. A. armigeris saluteÌ„ Cum nuper curÌ„ nostrÌ„ CancellarÌ„ ex parte I. G. millitis relatum fuerit suggestum erat per sacramentum cuiusdam R. L. qÄ‘ praefatus I. G. crastino sancti Martini vltimo preterito ita laborauit aduersa valetudine adeo impotens sui extitit qÄ‘ vsque dictam curiam nrÌ„am CancellarÌ„ praedict ' ad diem illum ad respons suam petitioni R. G. armig ' fiend ' absque maximo corporis sui periculo laborare non sufficiebat Et nos veritatem expiscari inuestigare volentes vt tuitius consultius pro iustitia in hac parte procedere valeamus per vos certiorari volumus dedimus vobis igitur tribus vel duobus vestrum ac per presentes damus potestatem aucthoritatem scrutandi inquirendi inuestigandi tam super articulos interrogatoria per antedictum R. G. coram vobis tribus vel duobus vestrum deliberandum ad testes quoscunque ministranduÌ„ quos maxime pro testatione premissorum fore videritis necessariam coram vobis euocandum Ac ipsos testes eorum quilibet tam de super articulis praedict ' cum cunctis circumstantijs diligenter examinand ' examinationesque suas in scriptis redigend ' quam omnibus alijs vijs medijs modis quibus melius sciueritis seu poteritis vtrum prefatus I. G. ita languidus fuit ad dictum diem crastinum sancti Martini quod absque periculo sui corporis laborare minime potuit Et ideo vobis tribus vel duobus vestruÌ„ mandamus qÄ‘ visis presentibus ac tenore articulorum interrogatoriorum praed ' per prefatum Reginaldum ministraÌ„ dorum ê‘ vos plene intellectorum testes praed ' quos in hac parte vt praed ' est fore videritis necessarios euocetis coram vobis tribus vel duobus vestrum ad certos dies loca quos ad hoc prouideritis venireque faciatis ac ipsos eorum quemlibet de super veritate premissoruÌ„ super eorum sacramentis coraÌ„ vobis corporaliter prestanduÌ„ diligeÌ„ter examinetis examinationes suas recipiatis in scriptis redigatis tunc cum sic feceritis nos inde in Cancell ' nostra de omni facto vestro in hac parte in octabis sancti Hillarij proximo futurÌ„ vbicunque tunc fuerit sub sigillis vestris triuÌ„ vel duoruÌ„ claus reddatis certiores vna cum breui nobis remittend ' Teste regina apud WestmÌ„ 28. die No. annÌ„ regni reginae Eliz. 10. Of imperfect Answere BUt if the defendant appeare personally or by Atturney and make Sect. 37. an imperfect answere then vpon demurrer tendred and motion made in Court by the plaintifes counsaile shewing the imperfection of Subpena to make a better answere such answere an order will be made that the defendant shal make a better answere by some certaine time and thereupon issueth a Subpena ad faciend ' meliorem responsum Reioyning and ioyning in Commission ad examinand ' testes AND when the defendant hath made a perfect aunswere the Sect. 38. plaintife eyther of his owne accorde or by order in Court must replie or be dismissed for want of a replication and ordered to pay Replie to the defendant costes for his wrongfull vexation but vpon replication put in by the plaintife the plaintife is to take out a Subpena against Subpena ad reiungendum the defendant ad reiungend ' iniungend ' commissionÌ„ ad examinand ' testes which differeth nothing from the said subpena ad comparand ' but that it is indorsed with these or the like words Adreiung endum iniungendum in commissione in materia W. S. Naming
proponifacias tunc ibidem bonam sufficientem probabileÌ„ materiam pro parte tua quare ijdeÌ„ testes pro parte dicti A. B. in forma praed ' examinari postea eorum examinationes secundum ordinem cursum dictae CurÌ„ nostrae publicari diuâ—lgari non debeant Concerning the matters of these Chauncerie Note what ensueth And if the partie defendant doe appeare either by himselfe or his Counsaile and shew such sufficient cause as the Court will allow off why the plaintife should not examine his witnesses as is aforesaid then the plaintife may not proceed therein vnlesse he can better â—atisfie the Court to the contrary But if the defendant be contented and wil ioine with the plaintife in examination then after examination so had there can be no publication thereof â—uring the liues of the witnesses vnlesse the defendant do assent or vnlesse the plaintife or some other in his behalfe do make oath that the matter whereupon the witnesses were examined is to take triall at the common Law either at the Assises or at the Barre And that A. B. or more of the witnesses before examined are necessarie witnesses and not able to trauaile to the said trial And vpon such oath taken his or their depositions tâ— be published of course And to be exemplified if the partie so require But if the partie defendant do not appeare vpon the said writ neither by himselfe nor his Atturney by the end of the said fourteene daies nor shew no cause of stay thereof whether it be in Terme or out of Terme time then vpon oath made of the seruing of the same writ the Lorde Chauncelor Lord Keeper or Maister of the Rolles for the time being at the request of the plaintife will appoint Commissioners for the examination of the plaintifes witnesses according to certaine orders prescribed in that behalfe There be also many other different formes of Subpenaes and Commissions of which some doe hereafter ensue Subpena ad testificandum super petitionem AD testificandum pro parte tua in quadam materia contentÌ„ in quadam Sect ' 49. petitione ad sectam tuam versus quendaÌ„ W. M. coram nobis in dicta Cancell ' nostra nuper exhibitÌ„ vel tu ipse sis coram nobis c. Aliter ad testificandum ad Assisas super articulos SItis coram Iusticiarijs nostris ad Assisas in comÌ„ H. capiend ' ad prox ' Sect ' 50. Assisas in comÌ„ praedicto tenendum apud L. die Lune in tertia septimana quadragesimae vt ijdem Iusticiarij vos tunc ibidem pro parte R. W. de super veritate quorundam articulorum per pref R. versus A. B. exhibitÌ„ possint examinare Et sub pena c. Subpena ad ostendendum causam quare euidenc ' non deliberentur REgina c. Quibusdam c. vsque vbicunque tunc fuerit ad ostendendum Sect ' 51. quare euidenc ' scripta per te in Cancell ' nostrÌ„ praedictÌ„ nuper deliberatÌ„ ibidem adhucremanenÌ„ W. C. deliberari non debeant Et ad faciend ' c. vt supra Subpena ad testificandum ad Assisas in London SItis coram dilecto fideli nostro Edmundo Anderson MilitÌ„ capital ' Sect ' 52. IusticiarÌ„ nostro de Banco ac IusticiarÌ„ ad Assisas in Ciuitate London capiend ' assignÌ„ apud Guildhal dam Ciuitat is London praedict ' die Veneris videlicet nono die instantis mensis FebruarÌ„ proximÌ„ futurÌ„ vt ijdem IusticiarÌ„ vos tunc ibidem pro parte H. T. possint examinare Et hoc c. Subpena ad testificand ' coram Vicecomit ' London ELizabeth Dei gratia Angliae Franciae c. W. I. salutem QuibusdaÌ„ Sect ' 53. certis de causis coram nobis in Cancellaria nostra propositis Tibi precipimus firmiter iniungentes quod omnibus alijs pretermissis excusatione quacunque cessante in propria persona tua sis coram VicecomitÌ„ Ciuitatis nostae London apud Guildhaldam eiusdem Ciuitatis die Iouis proximÌ„ futurÌ„ ad testificandum veritatem in materia coram eis pendentÌ„ ad faciendum vlterius recipiendum quod de te contigerit ordinari tunc ibidem Et hoc sub pena centum librarÌ„ nullatenus omittas Et habeas ibi hoc breue Teste me ipsa apud WestmonÌ„ vltimo die Martij Anno regni nostri 36. Subpena pro Euidentijs adferendis REx R. D. salutem Quibusdam certis de causis coram nobis in Cancellaria Sect ' 54. nostra propositis Tibi precipimus firmiter iniungentes quod omnibus alijs praetermissis execusatione quacunque cessante n propria persona tua sis coram no bis in dicta CancellarÌ„ nostrÌ„ in quindena sancti Hillarij prox ' futurÌ„ vbicunque tunc fuerit adferens tecum omnia omnimoda cartas scripta euidentias munimenta in custodia tua aut alicuius alterius ê‘sonae aut per tuam deliberationÌ„ ad tuuÌ„ vsum existenÌ„ vnum messuagium vocatÌ„ Le G. vnum horreum cum omnibus terris eidem messuagio pertinenÌ„ concernenÌ„ in quadam petitione per W. T. coram nobis in Cancellaria nostra praedicta versus te exhibitÌ„ contentÌ„ specificatÌ„ ad faciendum vlterius recipiendum quod Curia nostra considerauerit in hac parte Et hoc nullatenus omittas Et habeas ibi hoc breue Teste c. Aliter pro Obligatione deliberand ' ADferens tecum quandam Obligationem per quam W. C. Miles Sect ' 55. tenetur obligatur T. B. MilitÌ„ nuper maritÌ„ tuo iam defuncto in ducentis marcis in custodia tua existenÌ„ vt dicitur ad faciendum vlterius c. vt supra And when a suit hath depended vnprosecuted two yeres the award a Subpena de ArturnatÌ„ faciend ' in this forme REx B. R. salutÌ„ c. vsque tunc fuerit tunc sic ad faciendum AttornatÌ„ Sect ' 56. in materia quae est coram nobis in dicta Cancellaria nostra interte defend ' M. S. querÌ„ per billam ad faciend ' c. vt supra Commissio adrecipiendum responsum ad examinandum testes quoscunque ad audiendum terminandum REx dilect ' sibi A. T. armigero R. S. armig ' salutem Cum A. W. Sect ' 57. quandam petitionem coram nobis in Cancellaria nostra versus R. C. nuper exhibuit quodque eidem R. per breue nostrÌ„ praeceperimus quod esset coram nobis in dicta CancellarÌ„ nostrÌ„ ad certum diemiam praeteritum sub certa pena in dict' breui nostro contenta petition praed ' responsurÌ„ Sciatis quod assignauimus vos ac tenore presentium damus vobis vel vni vestrum potestatem aucthoritatem responsionÌ„ prefati R. ad petitionem praedict ' recipiend ' in scriptis redigend ' quoscunque testes de super materia in
and truely contented and paid and by Indenture of lease the certeine date whereof your said orator knoweth not for that he hath not the said Indenture did demise grant set and to farme let the same vnto the said N. and his assignes for and during the full ende and terme of two yeeres then next following By force whereof your said orator was thereof lawfully possessed vntill about the xvii yere of the raigne of the Queenes Maiestie that now is R. B. W. G. N. T. R. W. W. F. W. E. K. his wife by casuall meanes hauing obteyned and gotten into their hands or into the hands of some of them the said Indentures confederating themselues together of purpose to wrong your said orator to expell put him from his lawfull quiet possession of the premisses or the greatest part thereof entred into one parcell of the premisses called B. fields being then sowed with Dates by your said Orator and at the same time put in one Cow and Heyfer very maliciously to depasture and eate the graine corne of your said Orator therein then growing which said Cow Heyfer was and remained there depasturing eating and treading downe the said graine and corâ—e vntill your said Orator came and distraiued the said Cowe and Heyfer for dammage there doing and impounded the said Cow and Heyfer in a pound â—uert at H. aforesaid as lawfull was for him to do shortly after which impounding of the said Cow and heifer that is to say vpon the twelfe day of Sept. the said R. W. W. F. W. E. and K. his wife repaired vnto the dwelling house of your said Orator at H. aforesaid and then and there required your said Orator to deliuer the said Cow and Heyfer forth of the said pound affirming that they were sent thither to that intent and purpose by the said R. B. W. G. and N. T. which to do your said Orator refused as lawfull was for him to doe because the said W. F. E. and K. his wife nor any of them did then and there tender vnto your said Orator any amends or satisfaction for or towards the said trespasse But so it is if it may please your good Lordship that about a leuen or twelue of the clocke in the night of the said twelfe day of Sept. the said Cow and Heyfer was conueyed foorth of the said Pound the dore or gate of the said pound being fast locked by the said R. B. W. G. N. T. R. W. W. F. W. E. and K. his wife or some of them as your said Orator verily thinketh and is perswaded in conscience sithence which time the said B. G. and T. haue most falsely and vnconscionably charged and still charge your said Orator for the esâ—oyning and conueying away of the said Cow and Heyfer and haue thereupon not onely commenced suit against your said Orator at the common Lawe but also by colour of hauing the said Iudenture haue made and contriued vnto themselues or some of them or to some other persons to their or some of their vses sundry secret estates of the premisses and do yet most wrongfully deteine and withholde the possession of a great part of the premisses from your said Orator to his great hurt and impouerishment And for as much as your said Orator hath not any ordinarie remedie by the due course of the common lawes of this realme for the recouery of the said Indenture for that he knoweth not the certaine date or contents thereof nor wherein the same is conteined And so there by not only very like to lâ—se his lawfull and rightfull possession of in and to the premisses but also standeth in great daunger to lose great dammages for the supposed essoyning of the saide Come and Heyfer vnlesse it please God as your sayd Orator hopeth it will to moue the hearts of the said â— G. E. W. F. â— and K. his wife vpon their answeres and othes in this honorable court to discouer and disclose the trueth of their euill dealing and disorder in breaking of the said pound and taking foorth if the said Cowe and Heyfer conueying them â—o vnknowen places of purpose to charge your sayd Orator therewith And forasmuch as they haue denied and refused and yet do refuse and denie either to permit or suffer your said Orator quietly to haue and take the issues and proâ—â—tes of the said premisses or to deliuer vnto him the said Indenture of lease although he hath oftentimes most gently and friendly required and desired them so to do It may therefore please your good Lordship c. As before is said in Sectio 61. The Answere of the same Bill THE said defendants say and either of them for himselfe seuerally Sect. 73. sayeth that the said bill of complaint is very vncertaine vntrue and insufficient in the Lawe to be aunswered vnto by these defendants or any of them for diuers apparant faults and imperfections therein contained and the same very friuelous as these defendants thinke for sundry causes and namely for that that it is thereby supposed that they and others by reason of hauing the custody of the said supposed indenture or lease pretended to be made by the said T. E. in the said bill named to the said complainant of the said Demesne lands of the Highlow aforesaid for two yeares now ended if any such were haue made or contriued vnto themselues or to some other persons and to their vses sundry secret estates of the premisses where if any such estates had bin made they be already determined And the said def further say that as they verily thinke by the scope of the said bill containing in it selfe much like matter set out with many words and in effect no matter worthy to be examined in this honourable Court the same bill is deuised and exhibited into this honourable Court of meere malice and euil will to the intent to molest and trouble these defendants and others in the same bill named being quiet poore men dwelling almost seauenscore miles from the citie of W. with long and tedious iournies to make their personall apparance in this honorable Court to answere the said friuolous and vntrue bill without any good or iust cause so to do Thaduantage of exception to the manifest incerteintie and insufficiencie of which vntrue bill of complaint to these defendants and eyther of them saued for answere thereunto they and either of them for himselfe seuerally sayeth that they thinke it to be true that the said T. E. of H. in the said bill named was lawfully seised in his demesâ—e as of â—ee or fee taile of and in diuers lands â—enements and hereditâ—ments with thappurtenances set lying and being in H. aforesaid and that he being thereof so seised about two yeares now last past did demise graunt set and to farme let the same vnto the complainant for two yeares as it is in the said bil alleaged without that that these defendants of purpose to expell the said
and place appointed where this defendant was present with his commissioners and witnesses and one of the said complainants commissioners was in the towne where the place was appointed the same day and time readie to haue executed the said commission if the said complainant would haue spoken to him therefore as this defendant was credibly informed and the said complainant was there present at the same time and place and did or might haue spoken with him that was named commissioner for him who had a dwelling house in the same towne being the towne of M. in the same Countie and then and there the deponents vpon this defendantes behalfe were sworne and examined by and before these defendants then commissioners and some of them sworne in the presence of the said complainant And thereupon the depositions and examinations of the witnesses so sworne were by these defendants then commissioners caused to be ingrossed in parchment and certified into this honorable court and afterwards published and after publication this defendant staied without doing any thing therein by the space of two termes or thereabouts during which time the said complainant did or said nothing at all in the said court touching the said suit that this defendant euer heard of And then this def caused the said depositions to be exemplefied vnder the great seale of Eng. to his great charges which he hath readie to shew to this H. Court And the said complainant being not contented with these causels vexations of this defendant Anone after that this complainant had obtained the said commission the said coÌ„plainant for this defendants further vexation commenced suit against this defendant in the ecclesiasticall court of the Archb. of Yorke within whose dioces the same lands and tenements in N. in the bill mentioned be where the said father of this complainant and defendant died vpon surmised matters touching the supposed will mentioned in the said bill whereupon this defendant to his great charges appeared answered as behoued for the time by himselfe his procter as is there vsual whith suit the said complainant relinquished also as this defendant thinketh for he hath heard nothing therof these xii moneths and more And now the said complainant meaning nothing else but this defendants trouble molestation hath renued the said suit in this H. Court againe which before he had in the same court by the said first bill conteining the same matters in effect almost word for word as in the same bill is mentioned whereunto this defendant hath alreadie answered as appeareth by the same answere remaining of record here in this court and the same proceeded vpon both as afore is said wherefore this defendant for the causes aforesaid and for the said double vexation in this honorable court by two bils conteining in effect but one matter in substance demurreth in law and praieth that he this defendant may be dismissed out of this honorable court with his reasonable costes and charges in this suit wrongfully sustained A Bill for not surrendring a lease made by the Plaintife to the defendant in trust to trie a title and for occupying and wasting the tenth demâ—sed and for deteining of writings of copyhold lands contrarie to their agreement HVmbly complaining sheweth vnto your H. Lordship your daily Sect ' 77. Orator I. K. of W. in the Countie of Y. yeoman that whereas about 40. yeeres now last past one W. M. yeoman was lawfully seased in his demesne as of fee of in one mesuage with thappurtenances in E. in the County of M. and of in diuers lands tenements meadowes pastures hereditaments therunto belonging being freehold land in E aforesaid H. in the said conâ—ty of N. and he being there of such estate so seazed about the first yeere of the raigne of the Q. Maiesty that now is by his last will and testament in writing made written in the life time of the said W. M. did giue bequeath the same to one E. then his wife now wife vnto your said Orator for the time of her natural life the remainder thereof after her decease to one R. M. as by the said will appeareth and afterward the said W. M. died of such his estate thereof so as is foresaid seised by force of which wil and deuice the said E. by and after his death entred into the said mesuage or tenements was thereof lawfully seased in her demesne as of freehold for the terme of her life the remainder thereof after her decease to the said R. M. in forme aforesaid belonging also whereas the said W. M. was in his liâ—â— also seased of or in certain copihold or customary lands lying being within the manor of S. in the said county of N. and holden of the said manor by copy of the court rolles of the same manor in his demesne as of fee according to the custome of the saidmanor and he being thereof so seazed died therof so seazed by after whose death the said E. his wife was endoments of the third part of the said copihold or customary lands and tenements and according to the custome of the said manor admitted therof tenant by the Steward of the Court of the said manor accordingly by force wherof she likewise entred into the third part of the said customary tenements and premisses and was therof likewise seazed in her demesne as of freehold as tenant in dower therof for the terme of her life naturall according to the said oustome and quietly and peacably occupied and enioyed the same vntil about ten yeares now last past Now that your said Orator through importunancy and earnest perswasions of some friends of the said I. T. and A. L. was contented in some maner to yeeld vnto their suit and therupon for the furtherance and triall of the title and interest of the said I. T. about the fourteenth day of I. in the 26. yeare of the Queens Maiesties raign that now is without any fine income or other coÌ„sideration to him paid but giuing credit vnto the speaches of the said I. T. and A. L. that they would seeke nothing at the hands of him your said Orator but onely vse the benefit of his present estate for the resisting of certaine vnlawfull suits attempts which were then offered as they then affirmed by the said R. and others did by this your said Orators Indenture of lease bearing date about the said time demise graunt and to farme let to the said I. T. and A. L. all the said freehold lands tenements and hereditaments with the appurtenances in E. and H. aforesaid to haue and to hold the said tenements and premisses with the appurtenances to the said I. T. and A. L. their executors and assignes from the feast of S. M. the Bishop in winter last past before the date of the said Indenture vnto the full end and terme of 21. yeeres thence next following and fully to be complete and ended if the
God for the long continuance of your H. in health and prosperitie The ioint and seuerall answeres of A. S. and M. S. defendants to the bill of complaint of C. T. complainant THe said defendants say and either of them for himselfe seuerally Sect. 116. saith that the said bil of complaint against them exhibited into this honorable court is very vncertaine vntrue and insufficient in the lawe to be answered vnto by the said defendants or either of them for diuers manifest and apparant faults and imperfections therein contained and deuised and exhibited into this honorable court of meere mallice and enuie onely to the intent not onely to vere and trouble the defendants being verie vnable and vnmete vpon the sudden with long and tedious iorneis to make their personall apparaâ—ces in this H. court being aboue one hundred and twenty miles distant from the to 〈◊〉 of a. in the countrie of Y. where these defendants now dwell but also to wearie the defendants in such sort that they might extort wring from these defendants some consideration for the stay of the foresaid suit be it neuer so vntrue without any iust cause or colour of cause so to do neuertheles if these defendants shal by yâ— order of this honorable court he compelled to make any further or other answer to the said vncertain insufficient bil of complaint then the aduantage of exception to the manifest incertaintie and inâ—sufficiencie of the same bill of complaint to these defendants and either of them at all times hereafter saued for answere thereunto and for a manifest declaration of the trueth touching the contents of the same bill these defendants say and either of them for himselfe seuerally saith that about the time mentioned in the said bill of complaint the said M. St. the other of these defendants was entertained to serue the said complainant his wife for the terme of one yeare next ensuing the time of such her reteiner for xvi sÌ„ wages for the same yeare without the knowledge of the said A. St. the other of these defendants vntil that she the said M. was so with them retained And these defendants further say that by vertue of the same retainer the said M. did honestly faithfully and truely behaue her selfe did serue the said complainant and his said wife in all lawfull busines accordingly during all the said yeare and that to her knowledge no losse nor preiudice did be fall vnto the said complainant through the negligence default or abuse of the said M. in any respect during the same yeare And that in the ende thereof she departed from them with their fauour goodwill at her owne request without that that she the said M. was entertained in their said seruice at vpon the entreatie of the said A. S. and vpon her faithfull promise vnto the said complainant then giuen made that the said M. her said daughter should during the time of her seruice abode with the said complainant honestly faithfully truely behaue her selfe seruing him and his said wife in all lawfull businesses and that if any losse or preiudice should befall vnto the said complainant through the negligeÌ„ce or abuse of her the said M. in any respect that then she the said A. St. vpon notice to her giuen by the said complainant of such losse and detriment in that behalfe sustained would satisfie and recompence the said complainant for the same to the vttermost value thereof or that by reason thereof the same complainant entertained and receiued M. in his saide seruice as in the saide bill it is vntruely alleaged And the said defendaâ—ts further say that albeit she the said A. S. had made vnto tâ—e said complainant any such promise as he in his bill of complaint supposeth as in very trueth she did not yet were the same promise voide in law and of nâ— validitie or force to bind her thereby for that the said a. at the time of the said surmised promise was couert with I. S. her husband And without that that vpon such promise the said wife of the saide coÌ„plainant deliuered vnto yâ— said M. to her charge and custodie many parcels of linnen and other necessarie things and furniture for the said complainant his behalfe in any other maner then as to euery other ordinarie seruant in the same house in the like case without taking vpon her any speciall charge for the keeping thereof as in the said bill of complaint it is verie vntruely alleaged and without that that during the same time of the saide abode of her the said M. in seruice with the said complainant as aforesaid the said M. did either secretly deliuer vnto the said A. S. her said mother diuers or any of the said parcels of plate linnen and other goods for the vse and behoofe of the said A. S. or during the said terme conuerted sundrie or anie other parcels of goods and summes of money receiued of guestes that resorted to the said house appertaining to the said complainant vnto the vse and benefit of the said M. her selfe by meanes whereof the said complainant was greatly preiudiced and hindered to the losse of 30. or 40. l or thereabouts or that vpon such occasions the said complainant was enforced to put the said M. from his seruice for that the said complamant hath diuerse and sundrie times heretofore notified and made known vnto the said A. the losse hurt he sustained as is aforesaid by through the negligence default abuse of the said M. as is aforesaid and required recompence and satisfaction for the said goods so supposed to the deliuered and conuerted to the vse of the said A. and M. as is aforesaid as in the said bill of complaint is most vntruly alleaged And without that that any other matter thing or things clause sentence article or allegation in the said bill of complaint contained materiall or effectual in the law to be answered vnto by these defendaÌ„ts or either of them and not herein in their answere sufficiently answered vnto confessed and auoided denied or trauecsed is true all which matters these defendants and either of them are readie to auerre and proue as this honorable Court shal award and therefore they pray to be dismissed out of the same court with their reasonable costs and charges in this behalf wrongfully and without cause sustained The Replication to the same Answere THe said complainant sauing to himselfe all aduantages of exception Sect. 116. to the incertainties and insufficiency of the said defendants answeres for replication saith as he before by his said bil hath said and doth and wil auerre iustifie and maintaine his said bill all and euerie thing and things therein contained to be good iust and true in such sort manner and forme as in and by the same is most truely set forth and declared And that the answeres of the said defendants are vncertaine vntrue and insufficieÌ„t in the law to be
at the feast of Saint A. then next insuing before which day the said W. L. by his last will and Testament constituted and made one E. then his wife his executrix and dyed and left vnto the said E. then his executrix of his owne proper goods all his debts paied the summe of one hundred pounds of whom your said Orator sundrie and many times hath required payment of the said xviii pound which to content and pay the said E. did neuer vtterly denye but did require respite for the payment of the same and before the saide E. did content and pay any penie of the said xviii pound the said E. in her death ded by her last will and testament did constitute and make one I. S. her sonne her executor and dyed and left to him sufficient of the goods of the saide W. for the contentation and payment of the same xviii pound and after dyed sithence whose death the saide complaynant dayly sundrie and many times required the saide I. S. to content and pay vnto him the saide summe of xviii pound which to do he hath at all times refused and yet doth contrarie to right and good conscience to the vtter vndoing of your poore Orator foreuer And for because your Orator hath no specialtie whereby he should charge the Executor or the Executrix of the saide W. L. he is therefore without remedie by the order of the common Law of this Realme and is like vtterly to loose the saide xviii pound vnlesse your gracious fauour be to him shewed in this behalfe In tender consideration whereof it may therefore please your good Lordship the premisses considered to graunt the Queenes writ of Subpena to be directed to the saide I. S. commaunding him by the same personally to appeare before your good Lordship in the Queenes most gracious Court of Chauncerie c. The answere of the same Bill for xviiâ— poundlent without specialtie THe saide I. S. by protestation not knowing that the saide Complainant Sect. 141. did deliuer the saide W. L. in the saide bill named the summe of xviii pound or any part thereof by way of prest as in the said bill is surmised He further saith that the said bill of complaint is vncertaine and insufficient in the Law to be answered vnto and much of the matter therein contained is fained and imagined for vexation and trouble of the saide I. S. notwithstanding the aduantage thereof to him at all times saued The said I. S. for further answere vnto the saide bill sayth that long time before the saide E. L. was constituted and made Executrix vnto the said W. L. the said E. was maried vnto one R. S. father of this defendant by the space of twentie yeares and more which said R. S. by his last will and testament constituted ordeyned and made the said E. and the said I. S. his Executors and dyed and left to the order and disposition of the said Executors goods and cattles of his owne to the value of two hundred pounds sterling and aboue All which goods and cattels for the most part of the same being and remayning in the hands and custodie of the saide E. she the same E. married and tooke to husband the said W. L. which saide W. after the marriage had betweene him and the said E. did mispend wast and consume of the said goods and cattels late of the same R. S. to the value and summe of 140. â—â—sterling and aboue And after the said W. L. by his last will and Testament ordeined and made the saide E. executrix thereof died a verie poore man hauing no maner of goods nor cattels at the time of his death of his owne to the value of twentie shillings sterling And afterward the said E. by her last will ordeined this defendant executor thereof and died sithen whose death there hath not come to the hands of this defendant of the goods late of the said W. L. to the value of 20. shillings sterling without that that the said W. L. at his death left vnto the saide E. of his owne proper goods to the summe of an hundred pounds ouer his debts paid or yet the summe of twentie shillings sterling or that the said E. after the death of the said W. L. did euer consent or agree to pay the saide eighteene pound vnto the said complainant or did require him to respite the paiment thereof or that the said E. at the time of her death left vnto the said defendant sufficient of the goods of the saide W. L. for the contentation and payment of the saide 18. â— as in the sayde bill of complaynt vntruly is surmised And without that that any other thing comprised in the saide fained bill of the aforesaid I. S. which is materiall to be answered vnto and in this answere not confessed auoided or trauersed is true All which matters c. A bill of Complaint vpon certaine griefes requiring a writ of Certiorari IN most lamentable wise sheweth vnto your good Lordship your Sect ' 142. dailie poore Orator I. W. of London That where one A. H. of London aforesaide Marchant Taylor borowed of your saide Orator twelue pounds sterling to be paied to the said c. at a certaine day betweene them agreed which day was expired and the said summe of money not payed wherfore the said A. for that he had not ready money desired your suppliant to take a certaine white broad cloth in pawne containing fortie yards cut in peeces for the saide twelue pounds which cloth was sold and deliuered to your saide Orator by a Bill of sale wherein the said A. H. standeth bound with Condicion in the same hill declared That if the said Cloth were not redeemed by a day certaine in the said bill limitted that then the same cloth to be to the only vse of your saide Orator for contentation and whole payment of the said twelue pounds Since the which time the saide A. counselled your said Orator to put forth the said cloth to one L. M. of London Shereman to be died of seuerall colors for his most profit by the meanes whereof the said W. was contented to take the saide broad Cloth for the payment of the saide money and afterward the saide cloth was deliuered to the saide L. M. and within sixe dayes after the deliuery of the saide Cloth to the saide L. one R. M. Spaniard affirmed a plaint of debt against the saide A. and according to the custome of the Citie of London hath caused Attachment to be made of the saide broad Cloth as debt due by the saide A. vnto the saide R. whereas the saide Cloth is your saide Orators Notwithstanding by reason of the saide Attachment your saide Orator retayned Counsaile in the Guildhall of London where the matter was at an issue whereupon the Iurie was impanelled since the which time for the space of three Court dayes your saide Orator did giue attendance there to haue the saide matter
heard and the saide Plaintife and Counsaile would not suffer the saide Iurie to appeare so long as your saide Suppliant did apply and pursue his cause with effect herein And for that the said R. and his counsaile would not proceede in his said action your said Orator supposed that it should no more be called vpon by occasion whereof your Orator being about his businesse in the countrey in the meane time the said L. M. with his Counsell hauing knowledge that your said Orator was out of the Citie and in the Countrey instantly laboured the Iurie to appeare in the absence of your saide Orator and by their subtiltie and craft the saide Iurie did appeare and passed against your saide Orator contrarie to all right Lawe and good conscience which shall be to the great impouerishment and vndoing of your sayde Orator for euer vnlesse your good Lordships lawfull fauour and succour be to him shewed in this behalfe In consideration whereof might it therefore please your good Lordship to graunt the Queenes writ of Cerciorari to be directed to the Maior and Sheriffes of the Citty of London commanding them and euery of them by vertue of the same to certifie before your good Lordship in the Queenes most honorable Court of Chauncery at a certaine day by your good Lordship to be limitted the saide attachment and all the matter concerning the same and to examine the said matter and all the whole circumstance thereof and to stand to such order and direction therein as shall stande with right equity and good conscience And your said Orator shall pray to God for the preseruation of your good Lordship long to continue A Bill where a Iurie hath passed in a matter wrongfully praying a Cerciorari IN most humble wise sheweth and complaineth vnto your most Honorable Sect ' 143. good Lordship your poore suppliant and continuall Orator P. of W. of the Citty of L. Broker that whereas one A. M. of the said Citty Marchant stranger within the saide City was possessed of and in certaine linnen clothes to the valew of xx pound sterling and to your poore suppliants knowledge then and as yet as of his owne meere proper goods and chattels and so thereof being possessed the same within the said Citty deliuered to your poore Orator being a Broker safely to keepe and to sell and marchandise by the discretion of your poore suppliant to the vse of the said A. by force whereof your Orator made sale thereof to certaine persons within the same City and the mony goods and marchandises thereof receiued and taken deliuered vnto the said A. And so it is right honorable Lord that after and since the sale thereof made one I. S. Marchant stranger pretending a property in the foresaid linnen clothes hath commenced an action vpon his case against your poore suppliant in the Guildhall set and being within the foresaid City before the Sherifes thereof and thereupon hath declared that the saide I. should haue lost those goods and that they came to the hands and possession of your poore suppliant within the said city by way of trouer And furthermore that your poore Orator was sundry times required to make deliuerance thereof to the said I. and that refused and the same afterward sold and the mony thereof receiued conuerted to your orators vse to which matter one I. D. your poore suppliants atturney rashly without aduisement or counsell therein taken said that your poore orator did not sell the said clothes nor any part thereof and vpon the same matter whether any sale thereof was made by your suppliant or not an issue was taken and the Iurie tried sworne and charged found a sale made by your poore orator of the saide clothes as the truth was nothing regarding to whom the property of the saide goods was at the time of the sale thereof made because of the plee so vnaduisedly pleaded it was confessed in point of iudgement the property thereof to be in the said I. T. and so it is right honorable Lord that the said atturney might haue taken an issue that your said orator sold no clothes of the saide I. because of trueth the clothes were the proper clothes of the said A. and not the clothes of the said I. and so the Iurie should haue tried in whom the propertie was and because the property was not put in issue the Iurie had no warranty to enquire thereof and in case they had bin the clothes of the said I. as they were not indeed your poore orator ought not by the order of the law to haue bin charged because they were deliuered to your Orator by the hands of the foresaide A. to sell and your Orator did accordingly And the money goods and March andizes thereof receiued deliuered to the said A. and so if any trespas or wrong was done to the said I. it was done by the saide A. and not by your saide Orator against whom the saide I. may take his action For your poore Orator at the time of the saide action commenced neither had the saide goods in his possession ne any other things in lieu or consideration of the same goods And also there is a custome within the saide Citie that if any Vpholster or Broker sell any goods within the same citie to any person or persons of the same citie vpon the deliuery of any person for or at the request of him hauing witnesse of yâ— deliuerie thereof to him made or bring out the partie who deliuered them vnto him not being himselfe particeps criminis should be discharged and not dampnefied for that his offence doing in making sale thereof And also by the order of the common lawes of this Realme a man comming immediatly to the possession of the goods not being partie to the first wrong shall not be charged in an Action of trespas which matters or any of them if they had bin pleaded had bin a sufficient matter of barre and because they were not pleaded your poore suppliant could not be receiued to giue them in euidence to the Iury and so your poore Orator is like to pay vnto the said I. the value of the saide clothes the said I. hauing no property right nor title to the same vnlesse your most ho. Lordships fauour be shewed herein In consideration whereof it may please your most ho. Lordship the premisses tenderly considered to graunt the Kings most gracious writ of Cerciorare to be directed to the Shirife of the saide City commaunding them and euery of them to certifie before your good Lordship the whole record of the premisses depending before them or either of them in the Kings most gracious court of Chauncery at a certaine day by your good Lordship to be limitted and therein further to proceede and further to graunt the Queenes most gracious and speedy writs of Subpena to be directed to the said I. commanding him personally to appeare before your good Lordship in the said court of Chauncery at a certaine
the said Audita querela was true viz. that the said compl was then and at the knowledging of the saide statute vnder the age of 21. yeares which witnesses were examined and deposed accordingly in the behalfe of the said compl before the said defend had any knowledge or vnderstanding of the said compl proceeding therein and before any writ or Scirifacias was awarded and taken forth to warne the said defendant of the said suit as by the saide depositions and proceedings therein remayning of Record in the said court of Common pleas whereunto the said defendant for certaintie of the time doth referre himselfe more certainely doth appeare which said suit of Audita querela for the auoyding of the said statute the said complaynant by his solicitors seruants did most earnestly follow vpon a bare pretence that the said compl wanted some fewe moneths of the age of 21. yeares for maintenance of which said statute the said defend was called in by proces did pleade thereunto after which plea pleaded and after the said defend had bin drawne into great charges expences for the defence of the said statute cause the said compl and his Councell sollicitors Attorney or some of them seeing no likelyhood to preuaile in that course did become nonsuit without any regard had of the penaltie thereof did faile and neglect to pay to the said defendant his said principall debt of fiue hundred pound at the dayes times wherein the same was limited appointed to be paid by a writing of defeazance made between the said compl defend touching the penaltie of the said statute the same daies of paiment or some of them being now expired 18. moneths past and more and yet the whole debt still vnpaid vnto the said defendant for payment whereof the said defendant hath and doth keepe the said statute and the first two bonds wherein the saide complaynant with his men are bound as his sureties as aforesaid for payment of part of the said principall debt being this defendants own proper goods as both by lawe and conscience the said defendant thinketh he may lawfullie do And yet neuerthelesse the said defendant further saith that if yâ— said coÌ„playnant will forthwith pay vnto him the saide defendant the said summe of 500. pound being his principall and iust debt together with the charges he hath bin put vnto and consideration after the vsuall rate of ten pound for the hundreth like as the defendant himselfe doth pay to others for the long time the said defendant hath forborne his said debt he the saide defendant will forgoe the penaltie of the saide statute and will deliuer the same statute and the said bonds to the said complaynant without that that the said defendant did sell vnto the said complaynant any peece or peeces of Veluet or Silke at the seuerall times in the bill mencioned or any other time or any other thing at any excessiue or vnreasonable price the dayes of payment considered Or that the said complaynant did ouer and besides the 〈◊〉 price of any such thing allow and pay to the saide defendant any further consideration or vsurie for the forbearing thereof till the time of payment otherwise then is before truly layd downe in this aunswere Or that the saide complaynant and the saide R. S. or any other did enter into any more bounds for any the summes in the said bill mencioned to the saide defendant then such as before are confessed to the knowledge of this defendant And without that the said complaynant did at the intreatie of the said defendant during his the said complaynants minoritie enter into the said statute in the bill mentioned to the knowledge of this defendant but vpon the importunate request and intreatie of the saide plaintife to supplie his wants as aforesaid the said defendant was content to accept of his said statute not being able to giue better assurance as the saide defendant required Or that the said defendant did then or at any other time promise to the saide complaynant or his said sureties in the bill mencioned any the bonds by them or any of them entred into to yâ— said defendaÌ„t for or touching the saide debt as he now remembreth or any part thereof other then the said obligacions which the said defendant did redeliuer to the plaintife to be cancelled as aforesaid or did promise to cancell or make void the same in manner and forme as in the said bill of complaint is surmised to the remembrance of this defendant And without that that the said complaynant or any other for him did require the redeliuery of the said bonds as this defendant remembreth or that there is any cause or reason why the said complaynant should make any such request or the said defendant to make any such promise vntill his said debt be paid And without that that the said compl hath or doth seeke to make any reasonable composition with the said defend for or touching the said debt or any part thereof but rather hath endeuoured to defeate the said defend of his said debt And therefore he the said defend hopeth that the said compl shall not haue or receiue any fauour in this honorable Court against the said defend seeing that the said defend desireth nothing els but his principall with reasonable recoÌ„pence for the great wrong iniurie the said compl hath done both in putting him to great charges expences by the long withholding deteining of the said debt as aforesaid without that that the said defend hath hetherunto taken or recouered yâ— penalties of yâ— said statute or bonds or any of theÌ„ or that the said compl ' is or hath shewed himselfe at any time readie to satisâ—ye the said debt vnto the said defend or any part thereof in manner forme as in the saide bill of complaynt is alleaged And without that that any other matter or thing c. A Bill exhibited against a noble man against diuers tenants farmers and officers of diuers mannors contayning that the noble man for his debt due to the plaintif became bouÌ„d in a statute staple of 1200 li. and for that the debt was not paid at the day it was due the plaintife extended diuers manors lands which the noble man had and was seased of at the time he knowledged the said statute and had sould the same before the time of the extent to diuers persons and vpon a Liberate to the Sherife had the same mannors laÌ„ds deliuered vnto him to hold in extent till his debt were satisfied Afterwards vpon the noble mans suit to the Lord Chaunce llor and vpoÌ„ the Lord Chauncellors request to the plaintife he was contented to forbeare the taking of the profits of the lands extended to referre the hearing ending of the matter touching his debt to two thereunto appointed by the Lord Chauncellor who heard and ended the matter the which end afterwards the noble man refused to performe whereupon the
any other person or persons by his or their consent ayde title or procurement A Supplication exhibited by a Scot to the priuie Counsell his suit being commended to the Queene by letters from the King of Scots robbed by Pirats vpon the Sea who desireth a Commission to examine witnesses to prooue the Piraci◠To the Right Ho. the Lords and others of her Maiesties honorable priuie Counsell MOst humbly beseecheth your good Lo. your distressed Suppliant Sect. 182. G. P. of the towne of Leth in Scotland being lately robbed and spoiled by certaine english pirats vpon the seas of all his goods to the value of 400. l or there abouts as by certaine proceedings in the court of y◠Admiraltie plainly appeareth and for that this cause hath bin commended to her Maiestie by the king of Scots his letters your Lo. poore suppliant therefore hopeth the rather to be relieued in any of his reasonable conscionable suits requests at your ho. hands It may therefore please your good Lo. to tender pitie the case of your said Suppliant to graunt vnto him your ho. letters of Commission to be directed to the Maior of the towne of H. in the Countie of P. others Iustices of peace Aldermen of the said towne geuing them Aucthoritie thereby to call before them the persons whose names be subscribed vpon their corporall oathes to examine thē vpon such questions or interrogatories as vpon your said suppliants behalfe shal be ministred vnto them and to certifie their sayings depositions touching the premisses vnto your good Lo. vnder their hands seales with all cōuenient speede they may And your good Lo. poore suppliant shal dayly pray to God for the preseruation of your good Lo. in all health honour long to continue the witnesses A. B. C. D. E. F. The indorsement of the Supplication 13. Decembr̄ 1600. The humble petition of G. P. of Leth in Scotland And then endorse the contents of the petition A Supplication by two maymed souldiers to haue the Counsels licence to begge or to haue some maintenance allowed them for the◠present stay and reliefe vntill two Almes roumes which the Queene gaue in reuercion do become voide To the Right Ho. the Lords c. HUmblie shewe and beseech your good Lo. your very poore and Sect. 183. humble Suppliants A. G. and B. C. That whereas in consideration of the sundrie maymes and hurts of your ho. Suppliants in her Maiesties seruice it pleased her highnesse of her most gratious disposition and pitifull consideration of vs to giue and bestowe vpon vs the reuercion of two seuerall Almes roomes in the Hospitall of D. in the Citie of London during our liues when the same shall become voide the which be yet full and after their deathes which now be in the possession of the same diuers reuercions are graunted to seuerall persons of the same by reason whereof your Lo. poore Suppliants are neuer likely to enioy the same roumes for their reliefe and sustenance In consideration whereof and for that your ho. said suppliants be in very poore and weake estate by reason of their saide maymes and hurts and greatly indebted to diuers persons being charged with wiues and many children not hauing any thing now left them to maintaine helpe or relieue themselues withall in this their great pouertie and extremities but are readie to perish for lacke of sustenaunce and other meanes It may therefore please your good Lo. the premisses being by your ho. tenderly considered to graunt vnto your Lo. poore Suppliants for their present stay reliefe and comfort your Honours licence for the taking and receiuing of the Almes and charitable beneuolence of the well disposed persons throughout the whole Realme vntill the saide Almes roumes shall become voide or some other prouision or maintenaunce for the reliefe of their present necessitie such as to your Honours shall seeme meete and conueuient may be had made and your said poore Suppliants according to their bounden duties will pray to God for your good Lordships in all health honour long to continue A Supplication by a Merchant straunger who hauing beene before called into question for cosening of one in a barter of Pearle for Cloth who desireth the same may be examined and ended by Aldermen of London and other assistants of skill and iudgement And that if they cannot agree then the Lord Maior of London to be vmpier betwixt them or else that the same may receiue a triall in any Court of Iustice within the realme and that in the meane time his libertie may not be impeached To the Right Honorable the Lords c. IN all humblenes beseecheth your honorable good Lordship I. C. of Sect ' 184. the Citie of London Merchaunt straunger That whereas R. S. of the same Citie Merchant taylour hath sundrie times complained vnto your Honor that the saide Suppliant had cosened him in deliuering pearles for 185. pound which were not worth 20. pound in consideration of a barter of cloth deliuered to your Lordships Suppliant whereupon it pleased your Lordship to graunt your warrant for the bringing of the saide Suppliant and his aged father before your good Lordship to answere to the said supposed cosenage obiected against them which they haue alreadie in some sort answered according to the shortnes of the time But for as much as for the full and plaine discouerie of the said pretended cosenage wherewith your Lordships said Suppliant is charged by the saide R. S. it seemeth requisite that the whole proceedings in the said barter or contract were throughly examined by some Aldermen of the Citie of London calling vnto them for their assistance therein two of the Dutch Church of sufficient iudgement and skill in such cases to be indifferently nominated by your saide Suppliant and the said R. S. It may therefore please your good Lordship to giue full power and aucthoritie by your Honors letters to Alderman S. and E. D. one of the Dutch Church chosen by your said Suppliant if so it may stand with the liking of your good Lordship being of iudgement and skill and very wise and discreete men and to an other Alderman of the saide Citie and any other of the said Dutch Church to be likewise nominated and appointed by the said R. S. who may examine and try out the truth of the saide supposed cosenage And that it may also please your good Lordship that the Lord Maior of the said Citie of London may be by your Honor nominated and appointed to be vmpier in the said cause for the finall ending thereof if it should so happen and fall out that the said foure persons should not fully end the same cause betwixt the saide parties touching the said supposed cosenage to the which arbitrement vmpiradge your saide Suppliant will willingly submit himselfe to stand vnto and performe And if the saide cause can not by the saide arbitrators or vmpiers receiue a full and finall ende
be paied the said sum of 160. l according to the true meaning of this present award And if the said L. S. his heirs c. or some of them shall not well truely satisfie content pay vnto the said T. G. his c. the said seuerall sums aboue in this awarde appointed to be payed by the said F. M. before the seuerall daies herein aboue mentioned That then at all times after any such default of paiment so to be made by the said L. S. his c. the said T. G. his c. shall permit and suffer the said F. M. his executors and administrators euery of them at the costs charges of the said F. M. his exec and administ effectually to prosecute or cause to be prosecuted all and euery such execution and executions vpon the said iudgement so had for the said T. G. against the said L. S. as to them or any of them or the learned counsell of them or any of them shall seeme good And all and euery summe and sums of money thereby to be obtained to take and conuert to the only proper vse and behalfe of the said F. M. his exec administr without any accompt recompence or payment thereof or therefore to be yeelded or made to the said T. G. his c. or any of them any thing in this present award contained c. notwithstanding ✿ In witnes whereof the said Earle to both the partes of this present award hath set his hand and seale Dated c. All such couenants conditions as be vsually made for the assuraÌ„ce or enioying of lands or tenements goods and chattels may be inserted into awards as shall seeme good vnto the arbitrators or parties Of notice of the arbitrement AND when the arbitrators haue made their award according to Sect. 48. the submission albeit perchance they be not bound to giue notice thereof to the parties yet it seemeth very requisite that they should in due time before that eyther party be to performe any part thereof notifie the same vnto them least otherwise they might breake their boÌ„ds or couenants in that behalfe if any such be before they know the same Notwithstanding that the booke in 8. Edw. 4. 1. 9. be doubtfull in that point The finall cause and effects of Arbitrements ANd thus by that which hath bin discoursed it sufficiently appeareth Sect. 49. as we thinke that the scope and end of arbitrements and other iudgments is all one And chiefly the finall determination of strifâ— suit and controuersie 19. H. 6. 36. And so consequently their effects be almost equall But the lawes seeme more fauourable to arbitrements then other iudgments in so much as by arbitrators the strict course and tedious ceremonies of law suits which are most commonly wont to wearie suters and picke their purses are cut off and shorter decisions by them made with little or no cost at all Wee differ to shew how arbitrements may be pleaded in barre of other actions vntill we come to their fit place amongst our presidents of pleadings and so end this treatise An Award made by an Arbitrator touching copyhold land betweene an Alderman of London and an other TO all Christen people to whom this present writing of award indented Sect. 50. shall come H. T. of Lincolns Inne in the countie of Middlesex Esquier sendeth greeting in our Lord God euerlasting Whereas suite variance and debate heretofore hath beene and yet is had moued and depending as well in the Queenes Maiesties Court of Requests as in diuers other Courts betweene R. H. Citizen and Alderman of London of the one partie and R. E. of K. in the countie of M. Yeoman of the other partie of for and concerning the right title vse interest and possession of diuers lands tenements hereditameÌ„ts with the appurtenances lying and being in K. within the manor or Lordship of T. within the said Countie of M. and containing by estimation about 200. acres of land meadow pasture and wood commonly called or knowne by the name of Hebines land for the appeasing final end and determinaâ—ion of all which said suites variances and debates the parties aforesaid haue submitted compromitted themselues to stand to obay and performe the arbitrament ordinaunce dome and iudgemeÌ„t of me the said H. T. Arbitrator indifferently elected named and chosen by both the said parties indifferently to arbitrate order deeme awarde and Iudge as well of for and concerning the estate right title interest vse and possession of all and singuler the said premisses and euery parte and parcell thereof as also of for and vpon all maner of acâ—ions suites quarels debts debates trespasses and demaunds whatsoeuer heretofore had moued stirred or depending betweene the said parties from the beginning of the worlde vntill the twentie day of Nouember last past as by their seuerall writings obligatorie wherein eyther of the said parties stand bounden to the other of the same parties in the summe of two hundred pounds bearing date the said 20. daie of Nouember and made for the true performaunce of the said award more at large it doth and may appeare Wherupon the said H. T. hauing taken vpon him the charge and burden of the said Arbitramenâ— And hauing present before him both the said parties hauing also very aduisedly and deliberatly weighed and considered the titles claimes allegaâ—ions and proofes of either of the said parties to the said premisses And vpon sight and due consideration of all the euidences writings and proofes shewed and made before me the said H. T. by both the said parties do award arbitrate order deeme iudge of the premisses in maner and forme following That is to say First I the said Arbitrator do award deeme order Iudge that the said R. E. or his heires at al times within 3. yeares next ensuing the date of these presents vpon lawfull reasonable warning by the Steward Bailife or Reeue of the said manor of T. for the time being shall at the next Court so to be holden then next after such warning had surrender and giue vp into the hands of the said R. H. his heires or assignes in open Court according to the custome of the said Manor to the vse of the said R. H. and his heires for euer all singuler the aforesaid lands tenements and hereditaments hereafter in these presents mencioned expressed and declared That is to wit one mansion or dwelling house wherin the said R. E. now dwelleth with all edifices buildings c. And furthermore I the said H. T. do award ordaine deeme and Iudge by these presents that the said R. H. his heires or assignes at the said Court where and when the said surrender shal be so made shall assure and conuay vnto the said R. E. or to his
and would not take any aduantage of the forfeiture of the said bond against the said coÌ„plainant but would cancel the said bond and take new bond for the paimeÌ„t therof at the feast aforesaid And that the said complainant relying vpon the foresaid agreement promise and assumption of the said P. for the forbearing of the said c. vntil the said feast of c. aforesaid and for the taking of a newe bond for the payment thereof at the feast aforesaid did not pay the same according to the condition of the foresaid Obligation which otherwise he would haue done in such sort manner and forme as in the said bill of complaint is also most truely set forth and declared And with that also that the said complainant in Mich. Terme last past sent the said G. V. his seruant to L. with the said money to make payment thereof And that the said W. W. the other defendant vpon offer of tender of the foresaid summe of money by the said V. The said W. W. did promise to deliuer the saide bond vnto the said V. within short time after so as the said V. would deliuer ouer a bond which he had in his keeping to the vse of the said P. and would also at a time betwene them agreed on make paiment of the said summe of c. which bond was deliuered ouer accordingly to the said P. or W. by the said V. And the said V. was readie to tender and pay the said money according to the said appointment in such sort manner and forme as in the said bill of complaint is also truely alleaged Without that that the said W. P. one of the said defendants sought often to the said complainant and made meanes to him to haue the saide debt either to be paid in mony or that he might be satisfied therof some other way who made him many faire promises to do the same but neuer ment or intended it in such sort manner and forme as in the saide answere is most vntruly alleaged For the said complainant saith that he did often and sundrie times both before the said feasts c. and diuers times sithence offer to make paiment of the said summe c. vnto the said W. P. and. W. and alwaies was and yet is readie and willing vppon the redeliuerie of the foresaid bond to pay the same in such sort as in the said bill of complaint is most truely shewed and alleaged And without that also that any other thing matter or circumstance in the said aunswere mentioned materiall or effectuall to be replied vnto and in this Replication not sufficiently confessed auoyded denied trauersed or otherwise replied vnto is true All which matters the said complainant is readie to auerre and prooue as this most Honorable Court shall and will awarde And prateth as before in his said bill of complaint he praied The Ioint and seuerall Reioinder of W. P. and W. W. defendants to the Replication of E. L. complainant THe said defendants say and either of them for himselfe seuerally Sect. 127. saith that the Replication of the said complainant is vniust and vntrue and very insufficient in the law by these defendantes or either of them to be reioined vnto Notwithstanding all aduantage of exception to the incertainty and insufficiency thereof to these defendants and to either of them at all times hereafter being saued for reioinder vnto the said in sufficient replication These defendants say and either of them for himselfe seuerally saith in all and euerie matter and thing as they and either of them in their seueral answeres haue said without that that any other matter cause or thing whatsoeuer materiall or effectuall contained in the said replication by these defendants or either of them to be reioined vnto and not herein sufficiently confessed and auoided trauersed or denied is true All and euerie which matters and things these defendants and either of them are readie to auerre and proue c. A Bill for detaining lands with euidences MOst humblie complaining c. your daily Orator I. S. of A. in Sect. 128 the County of H. Husbandman That whereas R. S. of H. in the County of H. aforesaid Husbandman and grandfather to your Orator was in his life time seised in his demesâ—e as of fee or in fee taile of and in certaine messuages lands and tenements to the yearely valew of c. or there abouts lying in H. aforesaid and of the same died seised By force whereof the said tenements discended and came as of right they ought vnto one I. S. father to your said Orator sonne and heire to the said R. who afterwards entred into the same and was for diuers yeares seised of the tenements accordingly vntil about the first yeare of the Raigne of the late King Edward the sixt At which time one W. G. of H. aforesaid happening by casuall meanes to get into his possession all the euidences charters and writings concerning the said lands and tenements And knowing that your said Orators father could not for want of those euidences charters writings defend his right title and interest to the lands aforesaid entred also into the said tenementes and the same wrongfully did withhold and detaine during the terme of his naturall life sithence which time one T. G. of H. aforesaid and E. G. widow mother to the said T. hath also entered into the said tenements and the same to this day most vniustly withholdeth together with all the charters euidences and writings aforesaid which in right and equitie belong and appertaine to your Orator as sonne and heire to the said I. S. now deceased In tender consideration whereof and for so much as your Orator doth now know the certaine dates of the charters euideneds and writings aforesaid nor of any of them neyther doth know whether they are in bagges or boxe sealed or in chest locked he is without all remedie at the common lawes of this Realme and also without all other meanes how to finde reliefe in this behalfe except your honorable Lordships fauour extended And that the said T. G. and E. G. may by your Lordships order be compelled vpon their oathes plainely and truely to shew forth their estate in and to the tenements aforesaid and also to shew what right title or interest they haue or claime in and to the same likewise to shew the effect and certaine dates of such charters euidences and writings aforesaid as they or eyther of them haue in their possession concerning the said tenements aforesaid or any part thereof May it therefore c. as before The Answere THese defendants by protestation say and euery of them saith that Sect. 129. the bill of complaint exhibited into this honorable Court is for yâ— most part vncertaine vntrue and insufficient in the law to be answered vnto And that the matters therein contained are deuised by the complainant onely to molest and trouble these defendantes being verie poore rather then
vpon any iust cause Neuerthelesse the aduantage of exception to the vncertaintie and insufficiencie of the said bill to these defendantes at all times saued For aunswere and declaration of the trueth they say and euery of them saith that true it is that one R. S. of F. in her Maiesties Countie of H. was in his life time seised in his demesne as of fee of and in one messuage and certaine lands and tenements in H. in the said County of H. and being so seised by his deed of foffement vnder his hand and seale about the xxxvi yeare of King H. the viii conueyed and assured the same messuage and lands vnto one I. S. his sonne and to his heires and assignes for euer as by the deed of the said R. vnder his hand and seale redy to be shewed vnto this honorable Court doth and may appeare By force whereof the said I. S. was thereof seised in his demesne as of fee And being so thereof seised for a certaine summe of money to him paid by W. G. father of one of the defendants did conuey and assure the said messuage and lands vnto the said W. G. and his heires with warrantie as by the deed and release of the foresaid I. S. doth and may appeare After which the foresaid W. G. the father vnto the said defendant died of the said messuage and lands seised After whose death these defendants entred into the said tenements and the same enioyed the their own profits and commodities as lawfull was for them to die without that that R. S. of H. in the said bill mentioned was seised of the messuage and lands in the bill mentioned in fee taile or that the said I. S. father of the complainant was seised of the premisses in the first yeare of King Edward the sixt or that the said W. G. father of one of the defendants got the possession of the messuage the euidences concerning the same other wise then was lawfull for him to doe Or that the defendantes or any of them do vniustly withhold the said messuage or lands in the bill mencioned or the euidences concerning the same otherwise then is lawfull for them to do in respect of their right And without that that the said messuage and lands with the euidences concerning the same do in right or equitie appertaine to the Complainant as sonne and heire to I. S. the father And without that that any other matter or thing in the said bill contained concerning these defendants and not in this answere sufficiently confessed and auoyded trauersed or denyed is true All which matters these foresaid defendants are c. vt supra The Replication THe Complainant auerreth and maintaineth his said bill of complaint Sect. 130. and all and euery the matters and things therein contained to be verie good iust and true in such sort maner and forme as in the said bill of complaint is declared And saith that the answere of the defendants for the most part is vncertaine vntrue and insufficient in the law to be answered vnto Neuerthelesse all aduantages of erception to the insufficiency thereof to this complainant at all times hereafter saued For replication saith in all and euery thing as in the said bill of complaint he hath said And further saith that he doubteth not but that he can verie sufficiently proue that the said I. S. this complainants father was about the first yere of the raigne of King Eow the sixth or not long before seised in his demesne as of fee taile of the foresaid mesuage lands and tenements in the said bill mencioned And he also hopeth to proue all the rest of the said bill to be true in such sort as the same is truely declared and set downe without that that the foresaid R. S. this complaynants graundfather being seised of the premisses in his demesne as of fee did lawfully by his deede of feoffement vnder his hand and seale about the xxxvi yere of king H. the eight conuey and assure the said mesuage and lands vnto one I. S. his sonne and to his heires and assignes for euer Or that the said I. S. being of the premisses seised in his demesne as of fee for a certaine summe of money to him paied by the said W. G. father of one of the defendants did lawfully conuey and assure the said mesuage and lands vnto W. G. one of the said defendants and his heires with warrantie as in the said answere is verie vntruely alleaged And without that that the said W. G. father to one of the defendants died of the said mesuage and lands seised in such fort as in the said answere is likewise declared or that it was lawfull for the said defendants after the death of the said W. G. to enter and occupie the foresaid mesuage and lands as also in the said answere is inserted And without that that any other matter c. All which c. vt supra A Bill for debt leuied by extent COmplaining sheweth c. A. B. of c. That whereas the said A. B. Sect. 131. in the beginning of her Maiesties Raigne liuing in her highnes Court for his furniture of iewels plate money and such like had credit with one C. D. Citizen and Goldsmith of London for the which as he had occasion to borrow any money or take by any wares so he deliuered his Bils or Obligations for the true paiment of any such money so borrowed or for the price of any such wares so bought at daies betwixt them agreed which daies he alwaies kept or tooke order for the for bearing thereof by himselfe or his seruants such as he did imploy in those affaires Amongst which there was in D. in the first yeare of c. a certaine debt or reckoning of how much certainely he now remembreth not betwixt him the said C. D. and the said A. B. for the which he the said A. B. was bound to the said C. D. in the summe of c. by his deed obligatory bearing date c. which Obligation as he now remembreth was single with a defeasance for the debt which was then agreed vpon to be answered at a certaine day following which said debt he the said A. B. paied accordingly by his then seruants and officers who vnknowing vnto the said A. B. did negligently as is to be coniectured leaue the bonds in the hands of the said C. D. after the reckoning and debt paid or discharged And so afterwards the said A. B. did deale and continue in further credit with the said C. D. for diuerse other great summes of money iewels and plate some vpon the said Goldsmithes booke and some vpon Bils and Bonds whereof the most part were afterwards discharged sauing one debt by Recognisaâ—ce about the foure and twentie day of c. in the c. being to the value of 200. markes In which said latter debt the said A. B. presuming of friendship and friendly dealing at the said C. D.