in yâ— law to be answered vnto the matters therein coÌ„teined beene very vntruly deuised imagined and set forth without any good matter or iust cause only to the intent to put this defendant to wrongfull vexation trouble and expences And for aunswere vnto the saide insufficient bill the said defendant saith that our late soueraigne Lord King Henry the eight late King of England father to our most soueraigne Ladie that now is was seised among other lands in his demesne as of fee as in the right of his said Crowne of and in the Mannor and Lordship of D. with the appurtenances and hamlets to the same appertaining set lying and being in the Countie of C. whereof the said messuage garden orchard and croft conteining by estimation the said two Acres of land lying in D. parcell of the premisses in the said bill of complaint mentioned be parcell And our said late soueraigne Lord King Henry the eight being so thereof lawfullie seised aswell for and in consideration of the faithfull seruice that the saide defendant had done to the said late King Henry the 8. as also for diuers summes of money paid by yâ— said defendant to the said late King Hen. the 8. the said late King Henry the 8. by his letters patents in this honorable Court readie to be shewed the date whereof the said defendant doth not perfectly remember did giue and graunt of his prescience and meere motion vnto the said defendant the said mannor and other the premisses in the saide Aunswere mentioned to haue and to hold vnto the said defendant and his heires for euer by force whereof this defendant vnto the premisses entred and thereof was seised acordingly and tooke the profits thereof acordingly and yet doth as well and lawfull it was and is for him to do And further the said defendant saith that such euidences deedes escripts and writings concerning the premisses mentioned in this aunswere as the said defendant hath concerning the same he the said defendant doth detaine and keepe them for the preseruation of the right title and interest that he hath to the same as well and lawfull is for him to do And furthermore the saide defendant saith that as to any other deedes euidences writings and miniments concerning the residue of the said lands and tenements specified in the saide bill of complaint or any parcell thereof in W. aforesaid which do concerne the Interest inheritance and title of the said complaynant the said defendant aunswereth and saith that he doth not withhold any nor yet at any time hath withholden from the saide complaynant any such as by the saide bill is vntruly deposed without that that the said Io. W. of C. named in the said bill was seised in his demâ—sne as of fee of or in yâ— said mese orchard garden or croft mentioned in the said bill or any parcell thereof set lying and being in D. aforesaid Or that the said I. W. or his aunceâ—â—ors whose heire he is did continue peaceable possession of the premisses by the space of 100. yeares and aboue as by the saide bill of complaint is vntrulie surmised or that the said Io. so being thereof seised for certeine summes of money did bargaine or sell or might lawfully bargaine and sell the premisses conteyned in the said Aunswere or any part thereof set lying and being in D. or the Lordship of the same to the said complaynant and his heires as by the said bill it is in like manner vntrulie alledged and supposed Or that the said Io. before the Iustice of Assise of the said Countie of C. did leuie a fine sur conusance de droit of the said mese and other the premisses mentioned in the said aunswere or of any parcell thereof vnto the said complainant as by the said bill is also vntrulie surmised or that by the said supposed fine the said Io. did knowledge or might lawfullie knowledge the said mese and other the premisses conteined in the said bill to be the right of the said complainant as those which the said complainant had of his gift as it is in like manner vntrulie supposed or that by force thereof the said complainant entred or might lawfullie enter into the said mese and other the premisses in this aunswere mentioned or that he was thereof lawfullie seised in his demesne as of fee as by the said bill it is also vntrulie surmised and without that that any other matter or thing alledged in the saide bill materiall to be aunswered vnto which heere in this aunswere is not confessed and auoided denied or trauersed is true All which matters this defendant is readie to auerre 7 prooue as this Court shall award and prayeth to be dismissed out of this Court with his costs and expences in this wrongfull vexation sustained R. Ge. The Replication of H. S. to the Aunswere of Sir T. H. Knight THe said complainant saith that the said bill of complaint is true Sect. 181. certeine and sufficient in the lawe to be aunswered vnto and not imagined and set forth by the said complainant of malice or wrongfullie to put the said defendant to costs labour or expences for the saide complainant auerreth his said bill of complaint and euery thing therein conteined to be good and true in manner and forme as in the said bill of complaint is alledged without that that the late King Henry the 8. named in the saide aunswere was seazed in his demesne as of fee as in the right of his Crowne of and in the saide mese garden orchard and croft conteining by estimation two acres of land lying in D. parcell of the lands and tenements mentioned in the saide bill of complaint as parcell of the mannor and Lordship of D. in the said Countie of C. or that the saide mese garden orchard and croft or any part or parcell thereof is or at any time was parcell of the same mannor or that the said late King by his letters patents gaue and graunted vnto the saide defendant and his heires for euer the saide mese garden orchard and croft or that the saide late King Henry the 8. did or might lawfullie giue the said mese garden orchard and croft vnto the said defendant or that the saide mese garden orchard and croft did or might lawfullie passe or come vnto the said defend by the said graunt if any such graunt had beene as there was not indeede or that the said defend by force of any such graunt or letters patents entred into the premisses last before mentioned and was thereof seazed acordinglie or did or might lawfullie take the issues and profits thereof by force of the same letters patents or that any other thing c. All which matters the saide defendant c. And prayeth that it may be ordred by this ho. Court that the said complainant may quietly enioy the lands and tenements mentioned in the said bill of complaint without let suit vexation or impediment of the saide defendant or of his heires or
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
the said seuerall mannours extended as aforesaid vnto your Orator to hold them in extend vntill your Oratour were of the saide summe of 1200. l with his costs and expences herein sustayned fully satisfied paid By vertue of which said writ the said Clement Paston then Sherife did deliuer in extent to your saide Oratour the xii day of March then next following the foresaid seuerall mannors of H. W. A. and B. with the two faires holden twise by the yeare and the market of H. there holden euery weeke with the hundred of F. with their appurtenances And the said mannor of H. with the appurtenances And also the said mannor of S. Mo. and WO. with thaduowsons patronage of Sw. M. and W. with their appurtenances together with the mannor of B. with thappurtenances the foresaid mannor of A. with thappurtenances to hold to your said Orator his assignes according to the said extent vntill the said debt of 1200. l together with your Orators costs and damages were taken and leuied of the premisses By vertue whereof your said Orator was of the premisses possessed and so being possessed the said Lord Mo. before that your said Orator had or could receiue any profit of the premisses or of any part or parcell thereof by meanes or reason of the said execution thereupon made deliuered to your saide Orator did make humble suit to your ho. Lordship that it would please the same to moue your sayd Orator to forbeare the taking of the issues rents profits of the said seuerall manors other the premisses from the molesting of the farmors tenants occupiers thereof for the same vntill your ho. Lordship or some others to be by your Lordship apointed had heard determined the cause and reckoning betweene the said Lord M. your said Orator whereupon your said Orator was content at the motion request of your ho. Lordship to permit the tenants of the premisses to continue in their possession quiet and to forbeare the taking of the rents and profits thereof and to referre the hearing and ending of all reckonings demaunds betweene your said Orator and the saide Lord Mo. to the order and determination of maister Doctor S. one of the maisters of this most honorable Court of Chauncerie to S. B. Gent̄ one of your Honors Secretaries being thereunto assigned and apointed by your Lordship in fauour of the said Lord Mo. who entred into examination of the premisses in controuersie betweene the said Lord Mo. and your said Orator and by their mediations and at their requests your saide Orator was content in forgo neere the summe of 100. pound of his iust demaund so that the said Lord Mo. would content and pay the residue to your said Orator in such sort and at such times as the said maister S. and maister Br. did conclude and set downe but the said Lord Mo. meaning and intending still to delay your said Orator and to keepe him both without his money and the profits of the said mannors and other the premisses with the appurtenances whcih were deliuered vnto your said Oratour in execucion towards the satisfying of the debt costs and damages did not only neglect to performe the saide agreement and order taken by the saide maister S. and maister Br. but hath and doth vtterly refuse and denie to performe the same by reason whereof your said Orator for the leuying of his debt costs and damages did purpose and intend to take the benefit of his said execucion and for that end your said Orator about the feast day of S. Michaell the Archangell last past trauayled into the saide Countie of Norffolke where the saide mannors and premisses do lye and there did offer to keepe Courts and did likewise require the tenants occupiers and farmors of the saide mannors and premisses to render and pay to your said Orator the rents issues and profits then due for the said premisses to your said Orator and therewithall your saide Orator did require the saide tenants and occupiers of the saide mannor and premisses to discouer and make knowne to him how and in what sort and by what title they and euery of them did hold claime and enioy the seuerall parcels of the said premisses which they the said farmors and occupiers did seuerally occupie possesse and enioy to the end that your saide Orator might hereafter be assertained and fully instructed how to demaund recouer and come by the rents reserued vpon their seuerall estates and interests which be rightfully belonging and appertayning to your saide Oratour by reason of the saide extent but so it is if it may please your honourable Lordship that the saide L. Mo. T. L. Tho. B. Theodora Goodwin Hen. Blage Steward Thomas Louell Thom. More Henry Hynde Rich. Handford Edmond Coles Tho. Baylie Wil. Drake Geo. Thurstone Rap. Story being all Owners Farmors Tenants Occupiers and Officers of the sayde Mannors and premisses in whose hands and keeping all the Court Rolles Rentalls Leases and counterparts thereof which touch or concerne the saide mannors and premisses or any part or parcel thereof be and remaine Haue confederated together both to defeate your Orator of his lawfull execucion and estate in the premisses and also to defraude and vtterly to take away from your said Orator the rents issues and profits thereof and therefore and for that end the saide Lord Mo. c. did not only denye and refuse to permit and suffer your saide Orator or any other person to his vse to enter into the saide mannors and premisses or to keepe any Courts in and vpon the same but also did and do denie and refuse to pay to your saide Orator any free or farme rents for the saide mannors or premisses or to shew to your said Orator how or by what leases or other titles they or any of them do possesse or enioy the premisses or any part or parcell thereof or what rents or seruices ought to be paid for the same by reason whereof your saide Orator is like to be kept from the benefit of his said execucion against all right equitie and conscience vnlesse your ho. accustomed help be vnto him in this behalfe extended In tender cōsideration whereof for that the said Lo. Mo. c. being owners occupiers of the mannors premisses aforesaid and do conceale keepe from the knowledge of your said Orator aswell your yearely rents seruices fermes as also the sight of their seuerall Indentures of Lease as also the Courtrowles whereby your Orator is without remedy either to recouer any yearely ferme or other the rents and seruices of the Freehold or Copyhold lands pertaining to the said mannors and for that your Orator hath not the counterpanes of your said Indentures of Lease neither knoweth the dates of them nor the certeintie of your fermers reserued or of the rents seruices due payable for your said lands hauing not the Courtrowles to shew forth so as your Orator cannot
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
such things as were not in rerum natura at the time of the submission though they happeÌ„ to be before the award made be arbitrable as if the submission be of Ewes with lambe which after the submission and before the award made haue lambes it seemeth they haue no power to make any award touching the lambes Matters concerning the common wealth seeme not arbitrable as all criminall offences as treasons feloâ—es c. touching the crime for it is for the benefite of the common wealth that such offendors be made knowen and punished Also causes matrimoniall seeme not arbitrable least men should seperate those whom God hath ioined together Circumstances regarded in submission First that it be in writing NOw that we haue set foorth the persons and things necessarie in Sect 34. euery compromise it is good to consider such other circumstances as be requisite in the same Three things therefore beside the persons and things are meete to be obserued in euery compromise First that euery compromise be made by writing with the parties couenants or bonds sufficient to bind their heires executors to performe the award which shal thereupon be made that both the arbitrators may know their power and the parties how farre they are subiect to their sentence And also least their labour and iudgement therein should bee frustrate for want of means to compel the same to be executed Of the power giuen to Arbitrators SEcondly it is behouefull that the very Compromise arme the arbitrators Sect 35. with sufficient authoritie to do all things necessary for the ending of the controuersies as to appoint times places for their meeting to examin decide the matter compromitted to bring the parties with their proues euidences witnesses thither together before them And to punish the persons defectiue to expound correct such doubtfull sentences questions as may arise vpon their award inconuenient to either parties contrarie to equity and the arbitrators good meaning which inconueniences could not by them be foreseene at the making of the award as it oftentimes hapneth for temporis filia veritas trueth is the daughter of time Of time and place THirdly that by the compromise conuenient time and place be limited Sect ' 36. for the yeelding vp of their award to the parties or their atturneies deputies or assignes least the parties should otherwise be long lingered with vaine hope of an endlesse end and that the arbitrators may before the set time finish their award for whatsoeuer they do arbitrate after the time appointed is void 8. H. 6. f. 18. And it is all void that is not conteined in the submission or necessarily depending thereupon 7. H. 6. fo 40. 8. H. 6. fo 18. 36. H. 6. fo 11. as shal more largely appeare wheÌ„ we come to the doctrine of arbitremeÌ„ts The instrument of compromise or submission may be made in forme following A Compromise or submission with couenants to performe the same THis Indenture made c. betweene A. B. on the one partie and C. Sect ' 37. D. on the other partie Witnesseth that the said A. B. and C. D. do by these presents willingly compromit and submit themselues and either of them to the awarde arbitrement order rule dome and iudgement of E. F. and G. H. arbitrators indifferently named elected chosen by the said parties to co arbitrate award order decree and iudge of and vpon all and all maner of actions suites quarels debts accompts trespasses controuersies debates and demaunds whatsoeuer had made moued depending or accrewed or which might haue bin had or moued betweene the said parties at any time or times before the date hereof except one action of debt c. depending betweene the said parties in the Queenes Maiesties Court of common Plees or before c. and except one debt of x. li. due to the said A. B. by the said C. D. for the price of certeine Corne c. and except all landes and tenements of the said A. B. and such like exceptions c. So alwaies that the same arbitrators doe make their award order and iudgement of and concerning the premisses to be made by writing indented vnder all their hands and Seales on this side and before the x. day of Iune now next ensuing and one part of the same deliuer or cause to be deliuered by the said Arbitrators to the said A. B. or his certeine atturney or atturnetes in that behalfe requiring the same the said x. day of Iune now next comming at or in the Parish Church of R. in the said Countie of Yorke And the other part of the said award to the said C. D. his atturney or atturneies deputie or assigne requiring the same at the said day and place and so alwaies that the said arbitrators do not by the said awarde order or appoint any act or acts thing or things to be done or performed by or to any person or persons other theÌ„ to or by the said parties to these presents their heires executors administrators or assignes or some of them not to or by any estranger or estrangers to this present submission And the said A. B. and C. D. and either of them for themselues their heires executors and administrators and the heires executors administrators of either of them do by these presents mutually couenant conclude promise and agree to and with the other his executors and administrators and euery of them that neither they nor either of them wil at any time hereafter reuoke the authority hereby giuen to the said Arbitrators nor discharge them nor either of them of the said facultie or power of Arbitration And that they either of them the heires executors administrators assignes of either of them on their seuerall parts shall will well truly obserue performe fulfil and keepe al and euery clause sentence article submission and agreement iâ— these presents mentioned on his or their part to be performed and kept according to the tenor true intent and meaning of the same In witnesse whereof the said parties to these presents haue interchangeably set to their handes and Seales the day and yere aboue written Of binding the parties to performe the award OR the parties may submit themselues to awarde by obligation Sect 38. with condition according to the effect of the said Instrument of submission but that seemeth perilous for that that so they may for a trifle hazard the whole penalty of the bond which were too too mischieuous Neueâ—thelesse if any be willing to aduenture the parties may be bound either to other and the condition may bee made in forme following The condition of an Obligation to performe an awarde Sect 39. THe condition of this Obligation is such that if the aboue bounden A. B. his heires executors administrators and assignes and euery of them doe on his and on their part and behalfe well and truely stand to obay performe fulfill and keepe the
that now is and of euery or any of them or by or in the name of any other person or persons by the consents meanes procurements of them or any of them shall thenceforth surcease and be no further proceeded in by them nor any of them or by the means consent or procuremēt of them or any of them And before the c. be vtterly discontinued and made void ✿ And the said Arbitrators do further award order deeme and iudge by these presents that for the sure payment of the said summe of 400. pounds the said I. S. and G. S. within two daies next after tender or deliuery of the one part of this present award to the said I. S. shall well and sufficiently make seale and deliuer as their deeds to the said T. W. in c. one Obligation or writing obligatorie sufficient in the lawe wherein and wherby the said I. S. and G. S. shal acknowledge themselues and either of them to be ioyntly and seuerally bounden to the said T. W. in the summe of 800. pounds of c. with condition thereupon in due forme of law indorced for the sure paiment of the said summe of 200. li. parcell of 400. li. at or in the c. before c. And the other 200. li. residue of the said summe of 400. li. at or before the c. and at c. ✿ Also the said Arbitrators do further award c. that the said I. S. his executors or administrators or some of them shall and will before the c. at his and their owne proper costes and charges cause and procure to be cancelled and made void one recognisance of 200. li. bearing date the c. knowledged and inrolled in the Q. maiesties high court of Chancerie wherein and whereby the said T. W. standeth bounden to the said I. S. in the said summe with condition thereunto annexed That if the said T. W. his heires executors and administrators euery of them should well truely obserue performe fulfil keepe all euery the couenants grants articles agreements which on his and their parts were to be obserued performed fulfilled kept cōtained and specified in one Indenture bearing date the c. had and made betweene the said T. W. on the one partie and the said I. S. on the other partie concerning the marriage of W. W sonne heire apparant of the said T. W. and A. S. daughter of the said I. S. according to the true intent purport effect of the said Indenture That then the said Recognizance to be void and of no effect or else to stand c. as by the said Recognizance Indenture more plainly and at large appeareth ✿ And also that the said I. S. his executors or administrators or some of them shall and will before the feast of c. deliuer or cause to be deliuered vnto the said T. W. his executors or administrators or some of them in the said now dwelling house of the said T. W. aforesaid the said Indenture of couenants concerning the foresaid marriage cancelled or to be cancelled In witnesse whereof the said Arbitrators to both partes of this present award indented haue set their hands and seales Dated c. An Arbitrement or award of debt made by an Earle vpon submission by bond TO all true Christian people to whom this present writing of award Sect. 47. indented shal come The right Ho. G. Earle Marshal of England c. sendeth greeting c. Whereas diuerse suits variances cōtrouersies debates heretofore haue bin had moued depending between T. G. of T. in the coūtie of Y. yeomā on the one partie F. M. of D. in y◠said coūtie gentlemā on the other partie For pacifying ordering ending wherof the said T. G. F. M. haue bound themselues either to other in the sum̄ of 400. l of c. by their seueral oblig bearing date c. now last past with cōdition there vnder writtē to stād to abide performe fulfil keepe the award order rule doome iudgemēt determination of the said Earle indifferently elected chosen by the mutual cōsent at the earnest hūble request petition of both the said parties to arbitrate award order iudge determine of for cōcerning al al maner of actions suites quarrels debts duties demaunds whatsoeuer had moued or depēding or which hereafter might be had moued or depend between the said parties by reason of any matter thing or things whatsoeuer accrued or growē frō the beginning of the world vntill the day of the date of the same oblig So that the same award were made in writing indented vnder the hand seale of the said Earle before the xix day of c. th one part of the same writing indented deliuered or caused to be deliuered by the said Earle to the said T. G. his executors c. or any of them or to their or any of their vse vpon or before the said xix day of c. at or in the now māsion or Manor house of the said Earle called S. in c. the other part thereof to the said F. M. c. vt sup̄ as by the said oblig conditions thereof doth may more at large appeare ✿ Know you now that the said Earle of his meere good will fauour which he beareth to both the said parties of y◠great honorable respect which he hath of their future quietnes taking vpon him the charge burden of the said award hauing deliberatly at sundry times at large heard considered the griefs allegations proofes of both the said parties doth by these presents arbitrate award order deeme iudge of concerning the premisses in maner forme following viz. ✿ That the said F. M his c. or some of them shall well truely pay or cause to be paid vnto the said T. G. his c. or some of them the sum of 160. l of c. in the c. in maner forme following viz. vpon c. 80. l therof and vpon c. other 80. l therof residue in full paiment satisfaction of the said sum of 160. l ✿ And that in consideration thereof the said T. G. shall permit suffer all suits actions quarrels debts duties and demands growen before the date of the said oblig to cease be discontinued and no further prosecuted by him or any other by his procurement ✿ And furthermore for as much as the said F. M. is charged as is aforesaid for the paimēt of the said sum of 160. l partly by reason of a iudgment heretofore giuē for the said T. G. against one L. S. in the Q. Maiesties court cōmonly called the K. bench in an actiō of debt in which the said T. G. hath recouered against the said L. S. 285. l and 4. d. as by the record thereof remaining in the said court appeareth His honor doth further award
by these presents in reliefe ease of the said F. M. that if the said F. M. his c. or any of them do well and truely pay or cause to be paied the said sum of 160. l according to the true meaning of this present award And if the said L. S. his heirs c. or some of them shall not well truely satisfie content pay vnto the said T. G. his c. the said seuerall sums aboue in this awarde appointed to be payed by the said F. M. before the seuerall daies herein aboue mentioned That then at all times after any such default of paiment so to be made by the said L. S. his c. the said T. G. his c. shall permit and suffer the said F. M. his executors and administrators euery of them at the costs charges of the said F. M. his exec and administ effectually to prosecute or cause to be prosecuted all and euery such execution and executions vpon the said iudgement so had for the said T. G. against the said L. S. as to them or any of them or the learned counsell of them or any of them shall seeme good And all and euery summe and sums of money thereby to be obtained to take and conuert to the only proper vse and behalfe of the said F. M. his exec administr without any accompt recompence or payment thereof or therefore to be yeelded or made to the said T. G. his c. or any of them any thing in this present award contained c. notwithstanding ✿ In witnes whereof the said Earle to both the partes of this present award hath set his hand and seale Dated c. All such couenants conditions as be vsually made for the 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
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
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
complaynant from his lawfull possession of the premisses or the greatest part thereof entred into the said parcell of the premisses being sowen with oates by the said complainant or at the same time put in one Cow and one heifer verie malitiously to depasture and eate the graine and corne of the said complainant growing therein Or that the said cow and heifer to these defendants knowledge remained there depasturing eating or treading downe the said graine and corne vntill the said complainant came and distrained the said Cow and Heifer for damage their doing and impounded the said cow and heifer in a pound ouert at H. aforesaid to their knowledge as in the said bill is very vntruely alleaged And without that that shortly after the said impounding of the said cowe and heifer that is to say the eleuenth day of S. the said R. W. W. F. W. E. and K. his wife by the knowledge of the said defendants or either of them repaired vnto the said dwelling house of the said complainant at H. aforesaid and then and there required the saide complainant to deliuer the said cow and heifer forth of the said pound affirming that they were sent thither to that intent and purpose by these defendants and the said N. T. in the said bill named as in the saide bill is vntruely alleaged And without that that to these defendants knowledge there was any such cause that any amends so should haue bin tendered vnto the saide complainant for or towards the said supposed trespas Or that about eleuen or twelue of the Clocke in the night of the saide eleuenth day of S. the said cow and heifer were conueied forth of the saide pounde by these defendants or either of them or that these defendants or eyther of them haue vnconscionably charged the said complainant for the estoining and conueying away of the said cow and heifer or thereupon commenced any suite against the said complainant at the common law as in the said Bill is very vntruely alleadged for they these defendants verily thinke that there was neuer any such Cow and Heyfer so as is aforesaid distreyned and without that that these defendants by colour of hauing of the said Indenture in the said bill mentioned haue made and conueied vnto themselues or to any other person or persons to their vses any secrete estate of the premisses or any part thereof or do wrongfully deteine and withhold the possession of a great or any part of the premisses from the said complainant as in the said Bill of complaint it is likewise vntruely alleadged And without that that these defendants or either of them haue denied refused or yet do deny or refuse either to permit or suffer the said complainant quietly to haue and take the issues and profits of the premisses or deliuer vnto him the said supposed Indenture or lease as in the said Bill is vntruely surmised for these defendants say that to their knowledge they neuer saw nor heard read any such Indenture or lease And without that that any other matter thing or things c. A Bill to be releeued for Obligations made for Simonie IN most humble wise complaining sheweth vnto your Honorable Sect ' 74. Lordship your daily Orator W. C. parson of T. in the county of Y. That whereas about fiue yeares now last past W. by the permission of God now Bishop of L. and C. was lawfully seised of thaduowson of the vicarage of D. in the Countie of D. as of one in grosse by it selfe as of see in right of his B. aforesaid and vnto the same vicarage being vacant did present your said Orator his Clerke who was afterwards admitted instituted and inducted into the same accordingly which vicarage afterwards by resignation into the hands of the said B. to present againe to the same as the very true patron thereof became voide And afterwards your said Orator became an humble sutor vnto the said B. in the behalfe of one R. W. Clerke that it should please him to present the same R. W. to the said vicarage which after long suit it being first agreed betweene your saide Orator and one C. Q. with the knowledge and consent of the said B. that your said Orator in respect of the said presentation and admission of the said R. W. that there should a certaine summe of money amounting as your said Orator thinketh to the summe of thirtie pounds to be paid at certaine daies then betweene them agreed vpon for the paiment thereof and that for true paiment of the said summe at the said daies your Orator should become bounden vnto the said C. D. by seuerall Obligations whereupon afterwards that is to say the twentith day of I. which was in the eight and twentith yeare of the raigne of the Queenes most excellent Maiestie that now is your said Orator for the onely consideration aforesaide and for the onely benefite of the saide R. W. aforesaide became bounden vnto the saide C. D. in foure or fiue seuerall obligations videlicet by some obligations in the summe of 20. pounds or there abouts for the paiment of ten pounds and in some other in other summes for paiment of fiue pounds or there abouts at the saide daies and times betweene them so as is aforesaid agreed vpon and thereupon the saide R. W. for the saide considerations was instituted and inducted into the said Vicarage accordingly which bonds were so made by your saide Orator in hope and vpon the faithfull promise of the said R. W. would haue paid and discharged the said seuerall summes of money at the said daies according to the seuerall conditions of the said obligatiōs but now so it is that if it may please your Honorable Lordship that the said R. W. though oftentimes by your said Orator required hath not paid the said seuerall summes of money nor any of them vnto the said C. D. according to the said seuerall obligations according to the said agreement and his said promise in that behalfe made as is aforesaid by meanes whereof the said obligations or the most part of them bin forfeited and your Orator alreadie thereupon impleaded in her Maiesties Court called the Kings Bench and by reason of the said Obligations or some of them very like speedily to be condemned thereupon if by your L. gratious meanes he be not speedily relieued the which said practises are much against all right equity good conscience and to the great damage losse and hinderance of your said Orator In tender consideration whereof and for so much as the said promise of R. W. and the said agreement for the paiment of the said seuerall summes of money being matters of corruption and vnlawful simony were so closely and secretly wrought contriued amongst them that your said Orator is not able to make any such due proofe thereof as the strict course of the common lawes of the Realme in this behalfe requireth and so your L. said Orator is vtterly without remedy by the
said E. did so long liue yeelding and paying therefore yearely during the said terme of 21. yeeres vnto your said Orator his executors administrators and assignes twenty shillings of lawfull English money at the feastes of Pentecost and Saint Martin the Bishop in Winter by euen portions as by the same Indenture more at large appeareth by vertue and pretence of which demise the said I. T. and A. L. into all the said tenements and premisses with the appurtenances about the same time entred and were thereof possessed and euer since their entrie haue quietly and peaceably occupied and enioyed the said demised tenements and premisses and the rents issues and profits thereof arising and comming haue quietly and peaceably taken and conuerted to their owne only vse which rents issues and profits of the premisses euer since the making of the said leases which is by the space of ten yeeres now last past haue bin yearely woorth four pounds at the least ouer and aboue all charges and reprises And in truth at the time of the making of the same lease it was fully concluded and agreed by and betweene your said Orator the said I. T. and the said A. L. and the said I. T. and A. L. in consideration of the making of the said lease to them by your said Orator in maner and forme aforesaid and for the causes aforesaid promised that the said lease and their said estate thereby made should be surrendred and yeelded vp vnto your said Orator when eyther the said suits were ended betweene the said R. and them or either of them or when they by vertue of the said lease had enioyed the same demised tenements and premisses by the space of one whole yeare for then the same lease was so as is aforesaid made onely for the defence and trial of the said estate right and title of the said I. T. and A. L. of and in the same tenements and premisses and not to thintent that they or either of them should by reason of the same Indenture according to the purport and tenor thereof for the terme of one and twentie yeares haue and enioy the same for so small a rent which neuerthelesse they haue done and yet do so occupie and enioy the same contrarie to their said faithfull promise agreement as is aforesaid thereof made and yet not contenting themselues with the said occupation of the said tenements c. do not onely denie and refuse to yeeld vnto your said Orator either the said yearely rent reserued vpon the said lease or any other consideration for the occupying of the same and vtterly denie to yeeld vnto your said Orator any rent or consideration for the same being so as aforesaid behinde by the space of ten yeares but also do vtterly denie to yeeld vp vnto your said Orator their said estate and terme of yeares yet to come of and in the said demised tenements and premisses according to their faithfull promises and agreement so as is aforesaid made and further since their said entrie into the said tenements and premisses they the said I. T. and A. L. or the one of them haue razed or defaced all or part of the houses edifices and buildings which at the time of the making of the same lease were standing and being vpon the said demised tenements and premisses and the thacke sâ—ate timber and stone thereof haue either giuen away or conuerted the same to their owne vses without the consent of your said Orator to the intent that the same tenements might so be made vnmeete for the habitation of your said Orator and his said wife whereby they might the rather enforce your said Orator for want of the said buildings to yeeld the same vnto them for little or nothing by reason of the want of the said Indenture there being only one part thereof made together which with such copies as concerne the said copyhold lands are in the hands and possession of the said I. T. and A. L. or of one of them or of some other persons by the deliuery of them or of the one of them the certaine number dates contents and other certainties whereof your said Orator knoweth not and albeit that your said Orator hath diuers times in gentle maner required them the said I. T. and A. L. to deliuer vnto your said Orator the said Indenture and copies and to yeeld vp and surrender vnto your said Orator the said interest of and in the said demised tenements and premisses according to the said agreement and trust yet they so to do haue euer hetherto refused and denied and yet do denie and refuse to do the same and to yeeld vp and surrender the said estate of and in the said premisses according to the trust in them reposed and to repaire and reedifie the said tenements and premisses so by them razed and pulled downe as is aforesaid against all right equity and good conscience and against all good and honest dealing and to the impouerishing and vtter vndoing of your said Orator and his said wife if speedy remedy be not in due time by your Honorable Lordship prouided for the repressing of their said vnconscionable purposes and attempts in the premisses In tender consideration whereof and for so much as the said Indenture conclusion promises and agreements so is aforesaid had and made by and betweene your said Orator the said I. T. and A. L. concerning the premisses were secretly made and agreed vpon by and betweene themselues and few mitnesses being priuy therunto or present with them at the time of the making thereof which might testifie the same and those witnesses such as they were be now either dead or vnto your said Orator vtterly vnknowen being at the same time meere strangers vnto your said Orator then brought thither by them the said I. T. and A. L. as it seemed of set purpose to circumuent deceiue your said Orator and his wife in the premises your said Orator then referring especiall trust and confidence to the said I. T. and A. L. as persons whom he tooke and accompted to haue bin his very especiall goods friends and also very substantiall honest men is vtterly without all remedy by the strict course of the coÌ„mon lawes of this realme of England to recouer either the possession of the same tenemeÌ„ts and premisses of the said rents they hauing his said Indenture of lease as is aforesaid or to recouer the said copies It may therfore please your honorable Lordship the premisses gratiously considered to grant vnto your said Orator the Q. Maiesties most gratious writ of Subpena out of her highnesse court of Chancery to be directed to the said I. T. and A. L. and either of them therby commaunding them and either of them at a certaine day and vnder a certaine paine therein to be limitted to be and personally to appeare before your honorable Lordship in the saide court of C. Then and there to answere vnto the premisses and to
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
as the said G. C. had in his life time so as is aforesaid â—onuerted to his owne vse yet the said R. C. notwithstanding that after the death of the said G. C. the goods and chattels which were the said G. C. at the time of his death sufficient both to discharge pay and performe all the debts and legacies of the said G. C. and to satisfie your Maiesties said subiect of and for such and so many of the said sheepe as came to the hands of the said G. C. and neuer came to the hands custodie or possession of him the said R. C. hath euer hitherto denied and refused and yet doth deny and refuse to yeeld vnto your said subiect any satisfaction or any recompence at all either for the said sheepe so as is aforesaid conuerted to the onely vse of the said G. C. in his life time so as is said either conuerted to the vse of the aforesaid R. C. after the death of the said G. or by him the said R. still vniustly detained and holden from your said subiect which vniust dealing of him the said R. C. is to the greeuous losse and damages of your said subiect and altogether against all right equity and good conscience In tender consideration whereof and for so much as the said promise of the said G. C. so as is aforesaid made for the deliuery of the said sheepe as is aforesaid was so made in the presence and hearing of the said R. C. and of certaine other witnesses which be now all dead but the said R. C. in so much as for want of such proofe as is requisite in that behalfe he your said subiect is without all remedie either to recouer the said sheepe or any recompence for the same either by the strict course of the common lawes of this Realme or in this honorable court otherwise then by the parties owne confession vpon his oath in this honorable court which your said subiect verely doth imagine and thinke that he will confesse to be in such sort as is here aforesaid It may therefore please c. The answere of R. C. to the Bill next before THe said defendant by protestation not acknowledging or confessing Sect. 88. the matters in the said bill of complaint containeâ— to betrue in such manner and forme as in the same they be set forth and alleaged saith that the said bill of complaint is verie vntrue incertaine and insufficient in the law to be answered vnto and the matters therein surmised are enuiously deuised and vnconcionably 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 this defendant hopeth he shall proue vnto this honorable court neuerthelesse the aduantage of exception to the insufficiency and vncertaintie of the satâ— bill of complaint and all other aduantages to this defendant at all times hereafter saued the said defendant for answere vnto the said bill of complaint saith that he doth not certainly know neither is he as he thinketh compelable to take notice whether one H. S. in the bill named being about the moneth of Aprill in the yeare of our Lord God 1590. lawfully possessed of sixe score and one Ewes and sixe score and one Lambes as of his owne proper goods did sell the same vnto the said complainant for the summe of fiftie pounds as in the said bill is supposed or whether the said complainant being lawfully possessed of the said sheepe as of his owne proper goods by force of such bargaine there were anie such agreement betweene the said complainant and the said S. and one G. C. of A. in the Countie of Y. for the deliuerie of the said sheepe to the said G. to be safely kept to the complainants vse and to be deliuered to the complainant at his dwelling house in H. in the Countie of L. as in the said bill is suggested this defendant as he thinketh is not bound now to take notice being then a stranger thereunto or whether the said G. C. vpon the former part of the insufficient consideration grounded vpon the premisses or for in or vpon the latter being a lame blanke and imperfect or rather no consideration there naming nihil omnino to be by the said complainant paied vnto the said G. C. did assume and faithfully promise vnto the complainant safely to keepe and deliuer the said sheepe as in in the said bill is alleaged but this defendant saith that if the assumption be grounded vpon any good consideration then the complainant might haue his remedie at the common law if he had any iust cause And therefore this defendant as he thinketh might verie well demurre in lawe vpon the said bill and demaund iudgement if he shall be by this honorable court compellable to answere the complainant any further Neuerthelesse for as much as this defendant hopeth that the said complainant shall neuer be able to proue his subtill supposed suggestions in the said bill set forth and alleaged For further answere vnto the said bill saith that true it is that the said G. C. in the said bill mentioned made his last Will and Testament in writing and thereof constituted this defendant his executor and died without that that the said G. C. in his life time imagining and fraâ—dulently intending the said complainant in that behalfe craftily and subtilly to defraud and deceiue did not onely not deliuer vnto the said complainant the said sheepe nor any of them according to his said faithful promise and assumption but contrariwise did take conuert a great part of them to his owne proper vse selling some of them to diuers persons to the said complainant vnknowen for diuers summes of money conuerting the same to his vse and killing sundrie others of them in his house and died possessed of the residue of the said sheepe as in the said Bill is vntruely and vncharitably alleaged against the said G. C. being now dead For this defendant verely doth thinke and imagine in his conscience if such sâ—eepe were deliuered to the saide G. C. to be kept and deliuered as is aforesaid that then the said G. did in his life time well and truely deliuer the aforesaide sheepe accordingly without that that after the death and departure of the foresaid G. C. the possession of the said residue of the saide sixe score and one Ewes and sixe score and one Lambes being about the full number of foure score Ewes and three score Lambes worth thirtie pound and aboue came to the handes and possession of the saide R. C. now defendant who imagining and fraudulently intending the said complainant in that behalfe craftily and subtilly of the said sheepe to defraud and deceiue hath in like manner solde most part of the said Ewes and Lambs so come to his hands and possession to sundrie persons to the said complainant vnknowen for diuers summes of money
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
by the recordes thereof remayning in the said court it plainly appeareth wherupoÌ„ some of the said freeholders as this complainant thinketh entred into the said premisses being vnfenced And thereupon the said L. commenced suite vpon the said bond of an C. l against your said Orator and the said D. albeit they neuer interrupted his possession in the said premisses and the said D. and your said orator for their indempnity likewise prosecuted suit vpoÌ„ their bond of an C. l because the said L. in his part had not performed the said award by meanes whereof your said Orator and the said D. obtained a verdict and iudgement against the said L. for the said C. l L. his said suit against them depending vntried whereupon the said L. seeing how vniustly he had dealt with the said D. and your said Orator about the premisses perceiuing in what ieopardie he stood and how in equity he ought not to haue recouered any thing against your said Orator and the said D. by his said bond nor haue had any reliefe for the said C. l so by them recouered against him he the said L. moued your said Orator and the said D. by sundrie meanes to come to agreement with him for the said C. l so recouered against him whereupon the said D. and your said Orator intending a generall quietnesse for all bonds and matters concerning the said premisses at the great and importunate suit of the said L. and by the meditation of certaine honest men their friends vpon the faithfull promise of the said L. that he the said L. woulde warrant him your saide Orator against the said N. S. for his said bond of an C. l alleaging that N. S. had no cause to sue the same and that if he had yet because the matter of the said bond principally concerned him the said L. as it did indeed that if your said Orator agreed with him for the premisses that then the said N. S. neither could nor would hurt him by reason of his said bond the said iudgement for the said C. l was released vnto the said L. by your said Orator hauing none other consideration therefore then his said promise of quietnes and discharge of the said N. S. his said bond Neuerthelesse not long after the saide agreement the said L. perceiuing himselfe to be discharged of the said iudgement and entending the vtter vndoing of your said Orator contrary to his said promise practised with the said N. S. touhing the said bond by him and the said D. made vnto the said S. and procured the same to be put in suite against them in the Queenes Maiesties Bench. Albeit the said N. S. had neuer any losse by reason of any act done against the said bond to the valew of one penny since which suit the said N. S. and D. haue secretly growen to agreement betwene themselues to thintent to lay the whole penalty of the said bond vpon your said Orator Notwithstanding the said faithfull promise of the said N. S. to deliuer in the said bond to be cancelled and the said L. his promise was to saue your said Orator harmelesse against the said N. S. for the same Albeit the said N. S. neuer had any losse or hinderance by reason of the premisses by means of your said Orator neither was any thing attempted or done by the said freeholders against the saide L. contrary to the said award Otherwise then by the consent of the said N. S. who moued or procured the said freeholders to enter into bond one to another to heare the charges of suites for the defence of their said title of common in the said seuerall parcels of ground called R. and T. promising them his aide and furtherance therein vnto some of which bonds the said N. S. hath subscribed his owne name as a witnesse of the deliuery thereof which their hard dealings against your said Orator in the premisses are much against all right equity and conscience and to the vtter impouerishment and vndoing of your said Orator his poore wife and children wherefore the premisses graciously considered and for as much aswell the said premisses and agreements of the said N. S. with your said Orator and the said D. and the said practise had betweene the said N. S. and the said L. to put the said bonde in suite as also the saide agreement made by the said N. S. and the said D. for staying of his saide suite against the said D. and also the said promise or agreement of the said L. to saue your said Orator harmelesse against the said N. S. for the saide bonde was secretly made amongst themselues for that your said Orator trusted that they would faithfully haue performed the same to your said Orator called no witnes to be present to heare the same promise made and therefore is not able to produce any witnes to testifie the premisses nor hath any meanes to proue the same other then by the aunsweres of the said N. S. and T. L. who he verely thinketh will in their answeres to the premisses confesse the same May it therefore please your Lordship of your accustomed goodnesse to grant vnto your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the said N. S. and T. L. and to either of them thereby commaunding them c. A Bill for practising with the plaintifes wife to receiue of her the plaintifes goods and for receipt and detaining thereof HVmbly complaining sheweth vnto your good Lordship your daily Sect. 93. Orator L. I. of S in the Countie of N. Gentleman That whereas about foure or fiue yeares past your Orator being possessed of diuers goods and diuers summes of money to a great valew to the ende that C. C. of W. in the said Countie of N. M. his wife and A their daughter now the wife of I. P. of H. in the saide Countie yeoman might the better bring to passe indirectly to gaine and get into their or some of their custodies and possession all or the most pact of the said money and goods and by that meanes defraude or defeat your Orator thereof by continuall and sinister practise instigation and perswasion then allured prouoked and intised A. I. deceased being then your Orators wife to grow to some discord and variance with him and to esloine and conuey into their or some of their keeping all or the most part of the said money or goods promising that the same should be readie and vsed for her vse and behoofe Now so it is if it may please your good Lordship that by the said lewde and â—ad practises of the said C. M. and A. P. and of diuers other persons by their meanes whose names your Orator knoweth not your Orators said wife about foure or fiue yeares since and at sundrie times before did with violence breake open some part of your Orators house at S. aforesaid his chists therebeing locked and did essoine steale imbeasill or conuey away
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
faithfully promised your said Orator to procure and deliuer vnto him sufficient acquitances of the said A. for all the said rents which the said R. had so as is aforesaid receiued of your said Orator by the appointment of the said A. And whereas further if it may please your good Lordship about the eightenth day of April in the xxvii yeare of the raigne of the Queenes Maiestie that now is the said R. M. being indebted to one W. S. of S. in the said Countie Smith in the summe of fiftie and three shillings and foure pence of English money did entreat your said Orator to be suertie for him to the said W. S. for the payment of the said summe of fiftie three shillings foure pence to the said W. S. at the feast of Saint Bart. the Apostle then next ensuing which your said Orator did accordingly in consideration thereof the said R. M. did then assume vpon himselfe and vnto your said Orator faithfully promise that if he the said R. M. did not well and truely pay vnto the said W. S. the said fiftie three shillings foure pence at the said feast of Saint Bart. That then he the said R. M. woulde sufficienâ—ly conuey and assure to your said Orator the said yearely rent of thirtie shillings to him as aforesaid granted by the said A. together with the said deed thereof afterwards the said R. M. did neither pay to the said W. S. the said summe of fiftie three shillings foure pence nor any part thereof at the said feast of Saint Barth nor at any time since nor did conuey the said yearely rent of thirtie shillings or deede thereof to your said Orator according to his said promise But altogether contrarie to his owne promise hath procured the said A. to sue your Orator before the Queenes Maiestie and her honorable Counsaile established in the North parts for xxv l x. sÌ„ as arrerages of the said yearely rent of three pounds supposing the same to be behinde and vnpaid by the space of eight yeares and a halfe now last past notwithstanding that you said Orator hath well and truely paid the same to the said R. M. aforesaid And the said R. M. although he hath beene often times gently required by your said Orator aswell to procure him the said acquittance of the said A. for the said rent of three pounds as to make assurance of the said yearely rent of xxx shillings to him by the said A. granted yet that to doe he hath euer hither to denied and refused and yet doth deny to doe the same against all right equitie and good conscience and to the great hinderance and losse of your saide Orator In tender consideration whereof and for so much as the said agreements promises and paiments of the said rents were priuately made betweene your said Orator and the said R. M. without any witnesses thereof for that your said Orator reposed so great trust in the said R. M. being his naturall brother that he called no man to beare witnesse thereof so that he can haue none ordinarie meanes by the due course of the common lawes of this Realm but is altogether remedilesse to obtaine or recouer any recompence or damages thereof vnlesse the same R. M. will confesse the same to be true in his answere hereunto as your saide Orator verely thinketh that he will It may therefore c. A Bill for that the defendant for whom the plaintife was suretie to pay certaine money did neither pay the said money nor saue the plaintife harmlesse HVmbly complaining sheweth vnto your honorable L. your daily Sect ' 104. Orator H. H. of E. in the Countie of D. yeoman That whereas about the viii day of October in the xxii yeare of the Raigne of our Soueraigne Ladie the Queenes most excellent Maiestie that now is your said Orator at the earnest request of one H. C. of C. in the said Countie yeoman and R. C. his sonne for and with the said H. did enter and become bounden vnto H. S. of E. aforesaid yeoman in one Obligation or bond of xl l of lawfull English money thereupon indorced with Condition that if the said H. H. and H. C. or either of them their executors administrators or assignes or any of them did well and truely pay or cause to be paide vnto the said H. S. his executors or assignes the summe of twentie pounds of lawfull English money vpon the ninth day of October which then should be in the yeare of our Lord God 1581. at the now dwelling house of the saide H. S. in E. aforesaid that then the said Obligation should be voide and of none effect And the said H. C. and R. C. in consideration thereof did then and there assume vpon themselues and vnto your said Orator faithfully promise that the said H. C. the summe of twentie pound vnto the said H. S. vpon the said ninth day of October in the yeare of our Lord God 1581. would well and truely pay or cause to e paid according to the said condition of the said obligation And that the said H. C. and R. C. would from time to time and at all times hereafter saue keep harmelesse and indempnified your said Orator against the said H. S. of for and concerning the said bond of fortie pounds and of for and concerning all actions suites and troubles to be had or commenced against your said Orator for or by reason of the saide bond of fortie pounds And also that they the said H. C. and R. C. would forthwith haue beene bound vnto your said orator by their sufficient obligation in the summe of foure score pounds for the so sauing harmelesse of your said Orator against the said H. S. as is aforesaid But now so it is if it may please your honorable Lordship that the said H. C. intending your said Orator in this behalfe craftily and subtilly to defraud and deceiue hath neyther paide vnto the said H. S. the said twentie pound the said ninth day of October in the said yeare of our Lord God 1581. according to the effect and meaning of the said condition nor at any time sithence nor the said H. C. and R. C. haue become bounden vnto your said Orator in the said Obligation of fourescore pounds to saue your said Orator harmlesse against the said H. S. as is aforesaid albeit that your saide Orator hath sundrie times gently required them and either of them so to doe the same to doe haue euer hitherto refused and yet doe refuse and denie to doe the same against all right equitie and good conscience contrarie to their faithfull promise and assuumption aforesaid so that your said Orator is likelye verie shortly to be enforced to pay vnto the said H. S. the said twentie pounds which would be to the great damages and hinderance of your said Orator if speedie remedie be not in this behalfe by your good Lordship in due time prouided to preuent the same wherefore and forasmuch
as your said Orator giuing faith and credite to the said promise assumption of the said H. C. did take their said promise and assumption of them without calling anie witnesse to them to heare the same so that your said Orator for want of such witnesses hath no remedie by the common lawes of thsi Realme nor otherwise to make them performe the same promise and assumption vnlesse the said H. C. and R. C. doe confesse the same in their answere in this Honorable Court as your saide Orator verely thinketh they will May it c. A Bill for entitling himselfe to the soyle of a common and for selling of woods therein growing IN most humble wise complaining sheweth and complaineth to your Sect. 105. Honor your daily Orator R. G. Clerke Prebendarie of the Prebend commonly called the Prebend of the Ouerhall in Norwell in the Collegiate Church of Southwell in the Countie of Nott̄ That wheras your said Orator was and is seised in his demesne as of fee in the right of the said Prebend of and in one Manor in Norwell in the said Countie whereof certaine wooddy grounds and springes being most commonly open and the herbage thereof taken and vsed as common by the tenants and other inhabitants of the same Manor and Towne of N. aforesaid is parcel And the tenants and inhabitants of the same Manor and Towne of N. aforesaid as tenants of the same Manor And other tenants and inhabitants within the townes and villages of C. and K. that is to say by them as Commoners because of Vicinage by reason of which said wooddy and spring of grounds vsed as common as is aforesaid part whereof is parcell of the same Manor of N. contayning by estimation twentie acres extending in length from a certaine Oke tree being a boundarie Oke betwixt the same and such other like grounds being parcell of an other Prebend in the Collegiate Church of S. aforesaid commonly called the Prebend of the Neatherhall or Palacehall in N. aforesaid and from thence extendeth along by a place where three trees lately there did grow commonly called the three brethren and so from thence along by a Meare which is as it hath beene an ancient drie ditch cast vp as it were or had beene a Meare Southward betwixt the seuerall Lords and owners of the lands in that place that is to say first Eastwardes betweene the Lord and owners of the same lands and the Manors and lands of Caunton Bestthrop and Westwarde vnto the manor of Kirksall and from thence downeward West vnto the parke pale of K. and by the same parke pale Northward by a certaine little riuer of water vnto certaine of the like landes and tenements of the said other manor of P. aforesaid and so Eastward vpward vnto the foresaid ancient Oke which said parcell of ground one R. W. and F. B. Gentlemen and one R. T. yeoman pretending to haue seuerall manors in C. aforesaid And hauing diuers deeds Charters euidences bonndaries terrars and muniments concerning the premisses of right belonging to your said Orator casually or by some sinister meanes come to their hands doe not onely claime the same to be parcell of their said seueral manors But also vnder pretence of their said pretended and vncertaine claime not onely some of them but also diuers other vnder the colour or permission of some of them hath not and caused to be cut downe the most part of the best trees growing vppon the said parcell of wood ground as in trueth all that was felled did grow there in a corner thereof towards the East part containing like 12. acres and that in absence of your said Orator then being and yet remaining a student in the Vniuersity of Cambridge that is to say a fellow of Gunuill and Caius Colledge and not soe contented but considering your saide Orators absence daily and continually both continue their former claime to the said ground within the meeres and boundes aforesaid and so doe cut downe and cause to be cut downe the residue of the wood there growing and so will very shortly leaue none there And also by colour and reason of the said permission they will shortly by such indirect meanes and practise winne and get the freehold and inheritance thereof to them as they haue in other the wasts common like grounds within the Manor of or in C. or at the least haue none able to testifie the contrarie whereas now in trueth there are diuers and sundry sufficient and ancient witnesses being very aged and some of them very impotent that can and will trauell so farre as they are able to trauell to testifie vpon their oathes the trueth of the premisses in manner and forme as before in effect is alleaged and more for the better proofe of your said Orators right in and to the said last recited premisses if cause and neede shall so require and that the said R. W. F. B. and R. T. vpon their answere vnto the matters in this bill of complaint will not confesse the trueth therein as it is most credibly to be presumed they will and the rather for that if they will denie the same they know in proceeding vpon their answeres to this bill all the whole trueth concerning the premisses must be examined by depositions of witnesses and their depositions if order presently be not taken of the same shall and may remaine of record in perpetuam rei memoriam to doe further therein as by this honorable Court shall be awarded wherefore the premisses tenderly considered and also the incertaintie whether the said R. W. F. B. and R. T. or any of them will confesse the whole trueth concerning the right and title of your foresaid Orator to the same And the wrong and damage by them and other by their meanes and consent to him done And if they should not the vncertainty whether that the foresaid ancient aged and impotent persons or any of them that now be liuing and can testifie the trueth concerning the same shall be liuing when the same shal come in triall at or by the course of the common lawes to whom the right of the freehold and inheritance thereof doth of right belong ouer and besides the impotency that they or most of them may haue at such time and times to trauel to witnesse testifie che trueth concerning the premisses with this that your said Orator doth not know the certaine date or dates of the said deeds charters euidences boundaries terrers miniments or wherein the same be contained whether in bagge or boxe sealed or locked or otherwise and so without remedy for the recouery of the same and redresse for the wrong aboue said at or by order of the common lawes of this Realme It may therefore c. A Bill against the executors or that the Testator did not deliuer specialties paid whereupon they threaten to sue the Plaintife IN most humble wise complaining sheweth to your good Lordship Sect. 106. your poore
of them do make and knowledge and suffer cause and procure to be done made and knowledged all and euerie such further lawfull and reasonable act and actes thing and things deuise and deuises in the law whatsoeuer for the further and more better assurance suretie and sure making and conueying of the said Manor of B. and the mesuages lands tenements and premisses with thappurtenances in the said Indenture mencioned to be bargained and sold except before therein excepted vnto the said late Earle his heires and assignes to the onely vse and behoofe of the said Earle his heires and assignes for euer according to the true intent and meaning of the said Indenture were it by fine feoffement recouerie deed or deeds inrolled the inrolement of the said Indentures release confirmation with ioynt or senerall warranty of the said R. E. T. E. and G. E. their and euerie of their heires against them the said R. E. T. E. G. E. their and euery of their heires and assignes euerie of thē against all and euerie other person and persons whatsoeuer claiming in by frō or vnder them or any of thē or otherwise with like warranty or without warranty as by the said Earle his heires or assignes or his or their counsell learned in the lawes should be deuised aduised and required so as none of the said actes or things concerning the said further assurance should stretch or extend to any other or further warranty or warranties o◠the premisses or any part thereof then as is before expressed or to that effect and meaning as in the same Indenture of bargaine and sale appeareth But now so it is if it may please your honorable Lordship that at the time of the making of the said Indenture of bargaine and sale vnto the said late Earle the said T. E. and G. E. were within and vnder the age of one and twentie years And shortly after the making of the said Indenture and before the same was either knowledged or inrolled or any estate executed thereupon by Atturnement Liuerie of seisin or otherwise that is to say vpon or about the seuenteenth day of Nouember next ensuing the making of the said Indenture the said G. late Earle of S. died by and after whose death the right to haue and inherite the said Manors lands tenements and premisses with the appurtenances discended and came as of right the same ought to discend and come vnto this complainant as his eldest sonne next heire shortly after whose death the administration of all the goods and chattels of the said G. late Earle of S. was by the right Reuerend father in God I. by the prouidence of God Archbishop of Canterbury Primate Metropolitaine of all England committed to this complainant now Earle of S. who administred the said goods chattels accordingly And further so it is if it may please your good Lordship that the part or counterpaine of the said Indenture of bargaine and sale belonging to the said late Earle is since the death of the said late Earle by casuall meanes comen to the handes custodie and possession of the said R. E. T. E. and G. E. or of some of them or of some other person by their priuity and consent the full contents whereof are vtterly vnknowen to this complainant by colour whereof and for that the said T. E. and G. E. were so as is aforesaid within age at the making of the said Indenture they the said R. E. T. E. and G. E. hauing a great desire to haue the said manors lands tenements and bargained premisses and thereof to disinherite and defeat this complainant contrary to the true intent and meaning of the said Indenture Notwithstanding that this complainant hath yearely sithence the making of the said Indenture well truely satisfied and paid vnto the said R. E. the said Annuity or yearly rent charge of 100. pounds by the yeare in the said Indenture mentioned according to the tenor forme and effect of the same Indenture as this complainant verely thinketh And notwithstanding that this complainant hath sundrie times aswell by himselfe as by diuers others of his seruantes and friends in his behalfe sent and come vnto the said R. E. T. E. and G. E. gently requiring them and euery of them to redeliuer vnto your said Orator the said part or Counterpaine of the said Indenture of bargaine and sale of the premisses And also to make vnto him this complainant and his heires further conueyance and assurance of the said manor tenements and premisses by fine to be leuied before the Iustices of the common Plees at Westminster and for that purpose in the terme of Saint Hillarie which was in the foure and thirtieth yeare of the Queenes Maiesties Raigne that now is at Westminster in the Countie of Middlesex this complainant required the said R. and T. according to the tenour true intent and meaning of the said Indenture of bargaine and sale thereof to come before Sir E. A. knight then and yet chiefe Iustice of her Maiesties Court of common Plees at Westminster to make cognisance before the same E. A. Knight of the said manor tenements and premisses with thappurtenances in forme of Lawe that a fine thereupon might haue beene leuied to the vse of this complainant and his heires for euer yet that to doe they and euery of them haue euer hitherto refused and denied and yet doe denie and refuse to doe the same contrarie to the forme and true meaning of the couenants and agreements in the said Indenture of bargaine and saile thereof conteyned and against all right equity and good conscience and to the manifest defeating and disinheriting of him this complainant of and in the said manor landes tenenements and premisses and contrary to the true intent and meaning of the same Indenture of bargaine and sale thereof except speedie remedie be in due time prouided to preuent the same Wherefore the premisses considered and for so much as the said complainant not knowing the certaine deate and contents and other certainties of the said part or Counterpaine of the said Indenture of bargaine and sale nor wherein the same is contained whether in bagge boxe or chest locked sealed or otherwise and so hath none ordinary remedy by the due course of the common lawes of this Realme for the recouery thereof And without the same Indenture hath no direct action by the common lawes of this Realme to compell the said R. E. T. E. and G. E. or any of them to assure vnto him this complainant the said manor lands tenements and premisses according to the said bargaine thereof for lacke of the said Indenture both partes thereof being come to the hands of the said defendants Neither if this complainant had the said part or Counterpaine of the said Indenture as he hath not yet had he not thereby any meanes by the common lawes of this Realme to compell the said T. E. and G. E. or either of them to performe
therein contained to be good iust and true certaine and sufficient in the law to be replied vnto in such sort manner and forme as the same beene therein most truly set forth and declared And this defendant further saith that the said Replication of the said complainant is very incertain vntrue insufficient in the law to be reioyned vnto by this defendant for diuers apparant faults imperfections therin contained And y◠the same is so contriued made by the said cōplainant for the causes in the said answere expressed and to the end to giue some further colour or rather shadow for the maintenance of the said bill without cause in this hnorable court to the vniust vexation of this defendāt as may appeare for that she the said complainant by the sinister meanes of one T. Y. who as it is said procureth and soliciteth the same suit for the said complainant against this defendant hath without all order as he is informed caused him being a plaine simple vnlearned man to become bounden by obligation for the proceeding in the said suit of this defendant and with such condition whereof this defendant is vtterly ignorant of all which this defendant hopeth this honorable Court will haue due consideration for the punishing of such lewde and indirect courses and actions therein vsed And without that that any other matter thing or things clause sentence article or allegation in the said replication contained materiall or effectuall in the lawe to be reioyned vnto by this defendant not here in this his reioinder sufficiently reioined vnto confessed and auoided denied or trauersed is true All which matters this defendant is readie to auerre and proue as this honorable Court shall award and therefore praieth as he before in his said answere hath praied A Bill vpon putting one to seruice with promise that the seruant shall serue truely and that the defendant will satisfie all damages which shall happen to the Maister by the same seruant c. HVmbly complaining sheweth vnto your honorable Lordship C. T Sect. 114. of the town of M. in the County of N. gentleman That whereas S. N. daughter of A. S. of the Towne of A. in the Countie of Yorke about two yeares now last past being desirous to serue your said Orator and his wife then dwelling at Rotheram at an Inne there called the signe of the Angell in the said Countie of Yorke was entertained into their seruice at and vpon the further entreatie of the said S. A. and vpon her faithfull promise vnto the said Orator then ginen and made that the said M. her daughter should during the time of ther seruice and abode with your said Orator houestly faithfully and truely behaeu her selfe and serue your said Orator and his wife in all lawfull businesse and that if any losse or preiudice should befall vnto your said Orator through either negligence default or abuse of the foresaid M. in any respect that then the said A. would vpon notice to her giuen in that behalfe by your said Orator of such losse and detriment in that behalfe sustained satisfie and recompence your said Orator for the same to the vttermost value thereof By reason whereof your foresaid Orator entertained and receiued the foresaid M. into his seruice as is aforesaid And thereupon the wife of your said Orator deliuered vnto the said M. to her onely charge and custodie many and sundry parcels of plate linnen and also other necessarie things for your foresaid Orators behalfe In which said seruice the said M. remained with your said Orator by the space of one whole yeare then next following Now so it is if it may please your said honorable Lordship during the time of the abode of the foresaid M. in seruice with your said Orator as is aforesaid The foresaid M. did not onely secretly and priuily deliuer vnto the foresaid A. S. her mother diuers of the said parcels of plate linnen and other vtensils of your said Orators to the full value of twentie markes or thereabouts to and for the vse and behalfe of the said A. But also during the said time conuerted sundrie other parcels of goods and sums of money receiued of guestes that resorted to the said house appertaining to your said Orator vnto the onely vse and benefit of the said M. her selfe By meanes whereof your said Orator was greatly preiudiced and hindred to his losse of 30. or 40. pounds or thereabouts vpon which occasions your said Orator was enforced to put the said M. forth of his seruice And although your said Orator hath diuerse and sundrie times heretofore notified made knowen vnto the said ◠the losse and hinderance by her sustained as is aforesaid by through the negligence default and abuse of the said M. as is aforesaid and hath required recompence and satisfaction for the said goods so deliuered and conuerted to the vse of the said A. and M. as is aforesaid according to the promise of the said A. made to your said Orator vpon the entertaining of the said M. into his seruice as is aforesaid yet the said A. the same to doe hath heretofore refused and denied and still doth refuse denie to do contrarie to her promise assumption aforesaid against all right equity and conscience In consideration whereof and forasmuch as your said Orator is not able to make any due proofe neither of the certainty or quantity of the plate linnen and other goods so secretly deliuered to the said A. by M. during the time of her seruice as is aforesaide or of the saide other goods conuerted by the said M. to her own vse as if aforesaid nor of the promise made by the said A. vnto your said Orator vpon the retaining of y◠said M. into his seruice as is aforesaid by reason the same was in secret betwene thèselues without calling any other to witnes y◠same whereby your saidorator by the strict rule and course of the common lawes of this Realme hath no ordinarie meanes for recouery of the same but onely by suite before your honorable Lordship in the Queens Maiesties high Court of Chancery by the oathes of the said A. and M. in whose priuities all the premisses principally lie and whom your Orator thinketh vpon their said oathes wil reueile and manifest the truth and circumstance of the same the premisses considered May it therefore please your good Lordship to grant vnto your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the said A. and M. and either of them commaunding them thereby not onely to appeare before your honor in the Queenes Maiesties high Court of Chancerie at a certaine day and vnder a certaine paine therein to be limitted and assessed then and there to answere to the said premisses But also to stand to and abide such further order and direction therein as to your H. wisedome shall be thought fit and conuenient and your said Orator shall daily pray vnto
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 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
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
and at diuers times after to forbeare the paiment thereof vntill the said feast and that he would not take any aduantage of the forfeiture of the said bonde against your said Orator but would cancell the said bonde and take a newe bonde for the payment thereof at the said feast of P. aforesaid but neuer required any new bonde from your said Orator And your saide Orator giuing credite to his promise and assumption aforesaid did not pay the saide summe of c. according to the Condition of the saide writing Obligatorie After which time the saide W. P. did oftentimes promise your saide Orator to deliuer the saide bonde of c. to your saide Orator to be cancelled and to take new bonde for the payment of the foresaide summe of c. at the said feast of Penticost according to his promise and agreement aforesaid And your saide Orator doubting that the saide P. meante to delay him and driue him off from time to time and not fearing least the saide P. should take anie aduantage of the forfeiture of the saide bonde against him in Michaelmas Terme last past your saide Orator demaunded the saide bonde againe of the saide P. in L. who tolde your saide Orator that he had deliuered ouer the saide bonde vnto one W. W. being his brother in Lawe to whom he had assigned ouer the saide bonde and could not release or discharge the saide bonde without the assent of the saide W. W. but would make meanes to the saide W. W. for the deliuerie of the same and seemed to make diuers iourneyes to the saide W. W. to fetch the same And so from time to time delayed your saide Orator and droue him out with fayre wordes vntill such time as your saide Orator was vppon occasion of busines inforced to ride out of L. into the Countrey And shortely after your saide Orator purposing to get the same bonde out of the saide P. and W. handes did in the said Michaelmas Terme send one G. V. his seruant to L. with the said money to make payment thereof vnto the saide W. and P. and to receiue the said bond who comming to L. accordingly to the said W. and P. and declaring vnto them that he was come to make paiment of the foresaid summe of c. and to receiue the said bond the said W. then told the said N. that the said bond was not then in his custody or keeping But the said W. did then and there promise that if the said V. would deliuer ouer a bond which he had in his keeping of trust to the vse of the saâ—d P. that then the said W. and P. would the next day following come to the said V. his lodging and receiue the said c. and deliuer ouer the foresaid bond of c. vnto him vpon whose promise the said V. did then presently trusting to his faire speeches deliuer the said bond which he had to the vse of the said P. to the said P. or W. accordingly But so it is may it please your good Lo. that the said P. W. nothing at all regarding their foresaid seuerall promisses agreements and assumptions made to and with your said Orator and the said V. as aforesaid haue not onely hitherto refused and denied to deliuer ouer the said bond of c. vnto your said Orator according to the promises and agreements made as aforesaid but yet do vtterly refuse and deny to do the same albeit your said Orator did oftentimes both before the said feast of c. as aforesaid and diuers times since offer to make paiment of the said summe of c. vnto the said P. and W. according to the foresaid agreement and yet is readie and willing to pay the same But also the said P. and W. purposing to bring vpon your said Orator the whole penalty and forfeiture of the said bond of c. haue or one of them hath of late contrarie to the foresaid assumptions agreements made as aforesaid contrary to all honesty equity and good conscience commenced suit at the common law against your said Orator vpon the said bond to his great losse and hinderance And the said W. P. hath of late vtterly denied that euer he promised to forbeare the paiment of c. vntill the foresaid feast of c. contrary to the trueth and contrary to all equity and good conscience In tender consideration whereof and for as much as your said Oratar cannot pleade the promise and agreement of the said P. made to your saide Orator for forbearing of the money as aforesaid in barre of the said bond at the common law and thereby is void of all remedie at and by che strict order and course of the common law of this Realme nor can vse nor bring any action of the case against the said P. or W. upon their said promises and assumptions for that your said Orator cannot make any such sufficient proofe thereof as by the common law is in such case required for that the same were made priuatly betweene themselues and no witnesses called thereunto And for as much as your said Orator verely thinketh that the said W. P. and W. W. being called into this most honorable court to answere to the premisses will in their answere vpon their corporall oathes confesse the foresaid conclusions promises and agreements made as a foresaid and disclose the trueth of the premisses May it therefore please your good Lordshippe the premisses considered to grant vnto your said Orator the Queenes most gracious writ of Subpena to be directed vnto them the said W. P. and W. W. commanding them and either of them at a certaine day and vpon a certaine paine by your good Lordship to be appointed personally to appeare before your good Lordship in the Queenes Maiesties most high Court of Chauncery then and there to answere to the premisses And further to stand to and abide such further order and direction therein as to your good Lordship shall be thought most meete and conuenient in that behalfe And your said Orator according to his bounden duty shall daily pray vnto God for the good and prosperous estate of your Lordship in honor long to continue The Answere of W. P. and W. W. defendants to the bill of complaint of E. L. complainant THe said defendants and either of them saith that for the most part Sect. 125. the said bil is vntrue slaunderous and insufficient in the law to be answered vnto and the matters therein contained deuised of malice to put these defendants to needlesse charges and expences in law without any sufficient cause so to do The aduantage of exception to which insufficient bill to these defendants at all times saued For answere they say and first the said W. P. for himselfe saith that true it is that the said complainant did become bound to these defendants by his obligation in the summe of c. with condition indorced for the true paiment of the said summe
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
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.
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
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
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
proceedings therein To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England HVmblie complayning sheweth vnto your good Lordship your Sect ' 154. dayly Orators T. B. of C. in the Countie of D. Clothier W. M. of L. Grocer M. G. Merchant Subiects borne of this Realme of England as well for themselues as for others subiects borne of the said Realme and Denizens Creditors of C. A. of L. Merchantaylor also a subiect borne of the saide Realme That whereas the said C. A. vsing and exercising the trade of Merchandize and seeking his trade of liuing by buying and selling vpon good and iust cause for wares and merchandize to him sold and deliuered and also for ready money to him lent being indebted to your said Orators in seuerall summes of money amounting to the value of 300. pound And now of late that is to say in this present moneth of Nouember in this xv yeare of the raigne of our soueraigne Lady the Queenes Maiestie about the second day of the saide moneth of Nouember did begin to keepe his house scituate in the said Citie of London and sithence hath departed from his said dwelling house and absented himselfe to thintent to defraude and hinder your saide Orators and other his Creditors of their iust debts and dueties to them due owing and so is become a Bankrupt By reason whereof and for that the said Bankrupt and others his confederates haue deuised and contriued diuers secret estates and sinister practises for the conueying and eâ—â—oyning of the bodie of the saide Bankrupt and of all lands goods debts and other things belonging to the said Bankrupt in such wise as your Orators are without helpe for recouering or obtayning of their saide iust debts and dueties but onely by complaint to your Lordship and thereupon to haue remedie according to the Statute touching orders for Bankrupts in the Parliament begun and holden at Westminster the second day of Aprill in the xiii yeare of the Raigne of our said soueraigne Lady the Queenes Maiestie made and prouided In consideration thereof may it please your good Lordship to graunt the Queenes Maiesties most gratious Commission to be directed to such and so many wise and honest discreet persons as to your Lordship shall seeme good Aucthorizing them not onely concerning the said Bankrupts body lands freehold and customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarie to the intent and true meaning of the saide Statute to do and execute all and euery thing and things whatsoeuer as well towards and for satisfaction and payment of your said Orators as towards and for all other intents and purposes according to the ordinance and prouision of the said Statute And your said Orators shall dayly pray c. The Commission vpon the Statute of 13. Eliz. Cap. 7. made against Bankerupts and graunted to the Creditors vpon the Bill next before ELizabeth by the grace of God Queene of England Fraunce and Sect ' 155. Ireland defendor of the faith c. To our trustie and welbeloued Sir Rowland Heyward Knight Iohn Langley Alderman of our Citie of London Tho. Hatton Tho. Aldersey Thomas Egerton Mercers and William Wignall Merchant Taylor of our saide Citie of London greeting Whereas we be enformed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargayning and seeking his trade of liuing by buying selling and being a Subiect borne of this our Realme of England in this present moneth of Nouember in the xv yeare of our Raigne viz. about the second day of the same moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed from his saide dwelling house and absented himselfe to the intent to defraude and hinder T. B. of C. in the Countie of Deuonshire Clothier W. M. of London Grocer Mi. G. Merchant and others his Creditors being also Subiects borne of this our sayde Realme of their iust debts and dueties to them due and owing and so is become a Bankerupt We minding the due execution of the Statute touching orders for Bankerupts in our Parliament holden at Westminster in the xiii yeare of our Raigne made and prouided vpon trust of your wisedomes diligence and prudent circumspections which we haue conceaued in you doe by these presents name assigne appoint constitute and ordayne you our speciall Commissioners geuing full power and aucthoritiye vnto you fiue or foure of you whereof they the sayde Sir Row H. I. L. or T. H. to be one according to the sayde Statute not onely concerning the sayde Bankerupt hys bodie lands freehold and Customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarye to the intent and true meaning of the saide Statute to do and execute according to the saide Statute all and euerie thing and things whatsoeuer aswell for and towards satisfaction and payment of the saide Creditors as towards and for all other intents and purposes according to the ordinance and prouision of the saide Statute Willing and commaunding you fiue or foure of you whereof Sir Row H. I. L. or T. H. to be one to proceede to the execution and accomplishment of this our Commissioin according to the true intent and meaning of the saide Statute with all diligence and effect as our speciall trust is in you Witnesse our selues at Westminster the fifth day of Nouember in the xv yeare of our Raigne A precept from the sayde Commissioners to the Officers to make proclamation according to the saide Statute against Bankrupts that the said Bankrupt before a day certaine come in and yeeld his bodie to the Commissioners or to one of them To the Bayliffes and head Officers of the Burrough of Southwarke WEe the Commissioners hereafter named by vertue of the Sect. 156. Queenes hignesse Commission to vs directed require charge you fiue sundrie market dayes next ensuing the receipt hereof to make fiue sundry Proclamations in manner and forme hereunder specified The Proclamation THe Queenes highnesse doth strictly charge and commaund C. â— Sect. 157. Merchantaylor of the Citie of London that he at or before the day of next comming in the Guildhall of London or where you shall appoint yeeld his bodie before Sir Row Heyward Knight or before some one of the said Commissioners appointed by her highnesse vnder her great seale of England til the due execution of the Statute touching orders for Banckrupts lately made and prouided vpon paine and perrill of the penaltie of the lawe in that case limited and appointed An Indenture vpon the saide Commission and Statute of Bankcrupts betwixt the Commissioners of the one partie and the Creditors of the other partie whereby the Commissioners after view
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
their owne doings by them that shall succeede them that therefore the sayde fraudulent subtill and guilefull lease by such deceipt abuse and vntruth obteyned may by this honorable Court be decreed to be void against the saide Deane and Chapter and this repliant and that the same may be ordred to be redeliuered vnto the said Deane and Chapter or into this Court to be cancelled to the end they may thereupon take such good course therein as this complaynant doubteth not that if this complaynant had knowne of this vntrue information made by the saide I. D. vnto them and had made knowne the truth thereof vnto the saide Deane and Chapter before the graunting of the saide Lease vnto the sayde I. D. the sayde Deane and Chapter no doubt would haue done without that that any other matter or thing in the saide aunswere materiall or effectuall to be replied vnto and not hereby sufficiently replied vnto confessed and auoided trauersed or denied is true All which matters this repliant is readie to auerre and proue as this honorable Court shall award And vpon all the saide matters in the said Aunswere conteyned this repliant prayeth as he before in his said bill hath prayed The Reioinder of I. D. Esquier to the Bill of complaint of T. B. Esquier complaynant THe said defendant sauing vnto him the aduantage of exception Sect. 167. to the incertaintie and insufficiencie of the said Replication and by protestation not confessing any thing in the same to be true in such sort manner and forme as in the same is set forth and declared for reioinder thereunto saith in all and euerie thing and things as he before in his said Aunswere hath said And further doth and will auerre verifie maintayne and prooue all and euery thing matter and cause therein conteyned to be good iust and true in such sort manner and forme as by the saide defendant in his saide Aunswere the same be very trulie expressed declared and set foorth And whereas the sayde complaynant by hys replication alledgeth that the Deane and Chapter shoulde saye that they meant not to impeach the lease made to the complaynants father And that it was not fitting for men of theyr cote and qualitie to stand vpon quirks and quillets in Lawe This defendant thereunto sayth that there was no speech of quirks or quillets betweene them but a true and playne meaning that if the Lease whereby the complaynant claymed were not good in Lawe that then this defendant shoulde haue a Lease of those things hee desired which with his great costs and trauaile hee obteyned accordingly And for further reioinder thereunto this defendant saith that sithence the making of the saide Lease to him in the saide bill of complaint mentioned hee this defendant brought letters to the Deane and Chapter from one of her Maiesties most honorable priuie Counsell to intreate the said Deane and Chapter not onely to renew the said Lease mentioned in the said bill of complaint and made to the said defendant but also most hartely desiring them by the same letters to graunt vnto this defendant other tithes parcell of the same possessions formerlie demised to the said defendant at which time the said Deane and Chapter renewed the said Lease and also graunted the said defendant certaine other tithes parcell of the same possessions according to the said letters and also at the same time the said Deane and Chapter promised vnto the saide defendant a Lease of the rest of the said parsonage so that as the saide defendant taketh it the saide complaynant greatly abuseth this honorable court with most vaine and vntrue surmises both in his said bill and Replication And if this honorable court vpon these surmises or such like should grow to the vpholding of leases made from corporations which are void in lawe a thing which heretofore hath not bene graunted vnto others in such like cases it would reuiue or at least might be a president to reuiue many questions about such leases which by the common lawes of this Realme long time haue beene determined whereunto this defendant most humblie prayes to be remitted And whereas also the saide complainant alledged that the purpose of the Deane and Chapter in deliuering of the said Transcript to the said defendant was that he might thereby knowe what was demised or intended to be demised to the said complaynants father and to that end that the saide complaynant might not meddle with any thing comprised in the said lease made to the complaynants father to which allegation this defendant for reioinder saith that he tooke it to the end that he might consider of the validitie or inualiditie of the saide lease vpon the view whereof being assertained by his learned Counsell that the saide lease was void in lawe he was the rather incouraged to bestow his charge vpon it And this defendant saith that he had a copie of the said lease vnder the handwriting of a Gent̄ of good calling before the deliuerie of the saide transcript to this defend by which copie the imperfections of the said lease did apeare to this defendant and also the perticular names of the tithes of some townes were mentioned in the said copie to be demised to the saide complaynants father the tythes of which townes were afterwards demised to the saide defendant by the said Deane and Chapter whereby it may plainely appeare that the Deane and Chapter meant that the same lease made to the saide complaynants father if the same were not good in lawe might be impeached forasmuch as they graunted to the saide defendants the tithes of such townes as were mentioned to be demised by the saide lease to the complainants father so that the Deane and Chapter were not missed nor circumuented by the said defend nor that the said defend obteined his lease by fleights subtilties nor the said Deane Chapter misaduised in that they did as in the saide Replication is most vntruly alledged but this defend verely thinketh that this compl goeth about not only to defraud the said defend of his Accion to hinder the said Deane Chapter in taking the benefite of the said Tithes but also it appeareth most manifestly that the plaintife practizeth to trice the said defendant in a triall by a Iurie by vntrue witnesses in concealing the ture Lease made to the plaintifes father for the plaintife entituleth himselfe vntrulie to the parsonage aforesaide by a Lease made by the saide Deane Chapter to the plaintifes father as by an order taken in this Court the 6. of Nouember last past apeareth and also by his plea in the Exchequer it apeareth that the plaintife pleaded a lease made by the said Deane Chapter to the plaintifes father of the said parsonage proffered by his plea in that court to shew forth the said lease in Easter terme last past And after all these delatorie delayes the sayd compl pleaded not guiltie in the Exchequer aforesaid neuer shewed any such lease
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
I. D. or confusedly included with other things or held as an estate at will these defendants are not assertained and if the plaintife did hold them without any lawfull estate made vnto him or lawfull estate continuing it had beene meete that the defendants or their predecessors had beene made acquainted of this manner of holding of them and that the possessions and reuenews should not be caried away vnderhand or enioyed by coulour of a lease when there was no lawfull lease to warrant it And had the complaynants then breâ—e so readie to further the defendants in their right and possession to the best of his indeuour as now he pretendeth to be this question had not hapned but now standing as it doth if the information of the saide I. D. made to the saide Deane and Chapter be not grounded vpon any matter of truth the said complaynant shall receiue no impeachment by it these defendants intending to hold the said I. D. to his Couent that by coulour of his graunt he shall not call in question any tenant of theirs which hold by any lawfull interest And if it be grounded vpon matter of truth these defendants hope that this honorable court will not giue further allowance to the complaynants pretended lease then the validitie thereof requireth Humblie praying further that if vpon this interpleading betweene the said T. B. and the said I. D. it shall appeare that the said T. B. holdeth that which he should not hold or the sad I. D. vpon any vndue surmise or suggestion to haue obtayned any thing not fit or not meant to be passed to him which these defendants carrying themselues in a plaine and euen course haue not so farre looked into neither do or can charge him so to haue dealt That these defendants might not be preiudiced against either of them but left at libertie to do that for the iust and reasonable benefit and auaile of their Church which in lawe iustice and equitie shall be seeming for them to do And further or more then this the defendants desire nothing without that that the complaynant hath to their knowledge any lawfull estate or interest in the premisses or hath sought or offred himselfe vnto their church in such sort as hee alledgeth And without that that the defendants by any quicks quillets or nicities in lawe haue sought to rifle into the estates of their Farmers And yet humblie desire that if the complaynants enioy any thing without good lease which is vnknowne to these defendants that he may not be set in better state against their church then his estate requireth but may be referred to their church of whose dealings he sheweth neither can shewe any cause to complayne without that that any other matter or thing c. All which matters c. A bill by one tenant in common of a mannor in the North parts to haue a commission to examine witnesses which be aged and impotent that their testimonies may remayne of record in perpetuam rei memoriam for proofe of the plaintifes title to the said mannor for that the Lord President and Counsell of the North parts haue not power to graunt any such commission To the Right Honorable Sir Tho. Bromley Knight Lord Chauncellor of England HVmbly complayning sheweth vnto your good Lordship your Sect. 169. dayly Orator C. P. of T. in the Countie of C. Esquier That whereas your saide Orator and one L. P. of C. in the County of C. be and stand or ought to be and stand seazed in common in their demesne as of fee amongst other things of and in the Mannor of L. with the appurtenances in the saide County of C. concerning the partition of which said mannor variance and contention in lawe is like to arise betweene your Orator and the saide L. at the common lawe And for as much as there be yet liuing diuers aged persons inhabiting about the saide Mannor which do very well knowe the interest and title of your saide Orator in and to the said mannor in forme aforesaid And for that if the saide witnesses being very aged and impotent and not likely long to liue should fortune to dye before tryall of your saide Orators estate and title of in vnto the premisses it might thereby be greatly blemished and your said Orator in time to come disinherited of his said nioytie of the saide mannor And for that the saide witnesses dwelling in the North parts of this Realme be so aged that they be not able to trauaile neyther before your Honor to be examined in her Maiesties high Court of Chauncerie nor to any other ordinarie place of Iustice where the title of your saide Orator might or may conueniently come in question and tryall by the due course of the common lawes of this Realme And for that the Lord President and Counsell established in the North parts within the precinct of whose Commission not onely the said Mannor but also your said Orator and the said L. P. do inhabit and dwell do not vsually nor cannot graunt any Commission for the examination of witnesses in perpetuam rei memoriam although there be great cause in equitie to graunt the same It may therefore please your good Lordship the premisses considered to graunt vnto your said Orator the Queenes Maiesties most gratious Commission vnder the seale of this most honorable Court to be directed vnto some Gentlemen of credit dwelling in those partes as to your good Lordship shall be thought conuenient for the examination of such witnesses as by your saide Orator shall be produced before them and to certifie and returne the examinations of the saide witnesses together with the same Commission before your good Lordship into her Maiesties high Court of Chauncerie there to remayne of record ad perpetuam rei memoriam and to be published at such time as to your good Lordship shall be thought meete and conuenient And further to graunt vnto your saide Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the saide L. P. commaunding him thereby at a certaine day and vnder a certaine paine therein by your Lordship to be limited either to ioyne in Commission with your saide Orator for the examination of the saide witnesses or else to shewe cause before your good Lordship why your saide Orator should not haue a Commission alone for that purpose and your saide Orator shall accordingly to his bounden dutie dayly pray to Almightie God for the long preseruation of your Lordships good health with increase of honor A bill of Complaint for detayning of the plaintifes Euidences for entring into Mannors and Lands and contriuing of secret estates To the Right Reuerend Father in God Stephen Bishop of Winchester Lord Chauncellor of England IN most humble wise complayning sheweth vnto your honorable Sect ' 170. good Lordship your daylie Orator T. M. Gentleman That whereas one P. M. elder brother to your said Orator was lawfully seased in his demesne as of fee
W. in the name of the said Ed. Le. at the only costs and charges of the said R. W. should arraigne an Assise of Nouel Dissesine against your said Orator in the Towne court of Salop for that the aforesaid Scyte of the mannor of Acton Renard and other the premisses are scituate and lying within the iurisdiction of the said Towne court of Salop supposing thereby your saide Orator to haue disseised the saide Ed. Le. of his Freehold in Acton Renard aforesaid intending thereby through his sinister dealing and practising by indirect meanes with the Bayliffes of the saide Towne which haue returned a pannell of such Iurors as he the saide Ed. Le. and other of his friends kinred and allyance might rather through friendship and fauour then by reason of any good matter win and allure to find and giue verdict for the said Ed. Le. rather then for your said Orator although his interest and right to and in the premisses be very good rightfull as in very deede it is But also the aforesaid Ed. L. together with others the persons aboue named haue for your poore Orators further trouble vexation and expences conspired and agreed amongst themselues together with the aforenamed R. D. that he the said R. D. should exhibit his Bill of complaint against your said Orator before the Queenes Maiesties Councell in the marches of Wales pretending thereby title and interest to part of the saide land by vertue of a supposed lease for yeares made to one R. D. Clerke by one A. N. Esquier where in very deede there was neuer any such lease thereof to him made by the said A. N. so that the said R. S. hath not by reason of any such lease or otherwise any iust cause of suit against your saide Orator which vngodly inuention and diuelish deuises of theirs they of late put in vre and practised against your saide Orator intending thereby through the suit had and prosecuted by the saide R. W. in the name of the saide Ed. Le. aforesaid against your saide Orator in the Towne court of Salop aforesaid where the saide Ed. Le. is greatly friended of kinne and allyaunce And also through the aforesayde suite commenced before the Queenes Maiesties Councell by the sayde R. D. against your sayde Orator where the sayde Ed. Le. is also greatlie friended and acquainted and readie at all assayes as much as in him lyeth to succour and further the sayde R. D. in his sayde suite against your sayde Orator in the Courtes aforesaide where the saide Ed. Le. and R. D. are verie well friended and allyed as aforesayde and your sayde Orator a meere straunger and of the Countie of Chester borne a poore seruingman there altogether vnfriended and not acquainted intending by their sayde suites so to trouble and vexe your sayde Orator and to put him to such intollerable charges and expences in defending his right against them that your poore Orator either for lacke of substance and wealth should not be able to heare the charge of the sayde suits in lawe against them but eyther be compelled of meere necessitie to yeeld and giue vp his interest in the premisses vnto them or else to trouble and molest your sayde Orator in the sayde Courts that eyther for want of wealth or leysure your sayde Orator should not be able to complaine against them before your Honor or elsewhere to seeke for redresse to be had therein by due meanes and order of the lawes of this Realme In tender consideration whereof and for as much as your sayde Orator knoweth not the certayne date of the aforesayde Lease nor yet the number of yeares therein contayned by reason whereof your sayde Orator by meanes thereof is without all remedye by the due course and order of the Common lawes of this Realme May it therefore please your good Lordship the premisses considered not onelie to graunt the Queenes Maiesties writ of Iniunction to be directed to the sayde Ed. L. R. W. and R. D. and to euery of them and to all theyr Counsellors Attourneys and Solicitors and to the Counsellor Attourneys and Sollicitors of euery of them commaunding them and euery of them thereby no further to prosecute or proceede in the saide suits or eyther of them against your sayd Orator before the Queenes Maiesties Counsell in the Marches of Wales nor before the Bayliffes of the said towne of S. vntill such further order therein be taken by your good Lordship as shall seeme to stand with conscience and equitie but also to graunt the Queenes Maiesties most gratious writ of Subpena to be directed vnto the said Ed. L. R. D. c. and to euery of them commaunding them and euery of them thereby vnder a certayne payne therein to be limited personallie to appeare before your good Lordship in the Qu. Maiesties high Court of Chauncerie at a certaine day therein to be contained then and there to aunswere to the premisses c. And your poore Orator shall dayly pray vnto God for the preseruation of your honorable estate long to continue A bill contayning that one being seazedin fee of an Inne in London leased the same to one for yeares reseruing a rent the which lease came by diuers meane conueyances to the plaintife with couenaunt to make further assurances and then they shewe that the originall Lease and the meane conueyances with a deede of guift are come to the hands of the defendants by cullor whereof they haue entred into the possession of the Inne and thereof haue dispossessed the plaintifes and that they refuse to deliuer the lease meane conueyances and deede of guift or to make any further conueyances to the plaintifes of the said Inne according to the said couenant whereupon the plaintifes pray a Subpena with a duces tecum against the defendants To the Right Ho. Sir Christopher Hatton of the most noble order of the garter Knight L. Chancellor of England IN most humble wise complaining shewen vnto your good Lo. your Sect. 174. dayly Orators I. L. N. Mo. Citizens Clothworkers of the Citie of London that whereas one A. B. Citizen and Fishmonger of London was lawfully seazed in his demesne as of fee of and in one house or tenement called the signe of the Lambe with the shops sellers sollers together with all singuler the appurtenances set lying being in the parish of S. Michaell in Cornehill London sometimes in the occupation of one I. S. Grocer and the said A. B. so being of the said house or tenement other the premisses of such an estate seised about the month of September in the 36. yeare of the raigne of the late king of famous memory King Henry the 8. did by his deede in writing sufficient in the lawe demise graunt to farme let to one W. Lo. citizen black smith of London the said house or tenement other the premisses To haue to hold to the said W. Lo. his executors Assignes for the terme of diuers
sÌ„ of rent suit of Court from three weekes to three weekes holden within the said manor of D. And the said I. W. so being seazed of the premisses hath now lately conueyed assured part of the said manor lands tenements in C. aforesaid vnto one H. S. Esquier his heires assignes by reason wherof yâ— said H. S. doth now hold the said parcell of land of your said Orator as of his said manor of D. by the seruice aforesaid by part of the said rent of vi sÌ„ acording to yâ— quaÌ„titie of the said lands so by him purchased of the said I. W. And so it is right ho. Lo. that diuers deeds euidences writings courtrolls aswell toÌ„cerning the said manor of D. as also coÌ„cerning the said renâ— seruice before rehearsed be now of late casually come to the hands custodie possession of the said I. W. and H. S. who by coulour thereof do intend now vtterly to disinherit your said Orator of his said rent and seruices and do deny refuse either to pay vnto your said Orator his said rent or else to do vnto him his said seruices And although your said Orator hath diuers sundry times required yâ— said I. W. H. S. aswell to deliuer vnto him the said Euidences deeds writings courtrolls as also to pay do vnto him the said rent seruices according as of right they ought to do yet neuertheles the said I. W. H. S. haue vtterly denied refused alwaies the same to do coÌ„trary to all equitie coÌ„science And forasmuch as your said Orator knoweth not the certaintie of the saide deedes euidences writings nor wherein yâ— same be conteined nor also knoweth not the certaintie of the said lands tenements that the saide H. S. hath purchased of the said I. W. therefore he is not only clearely without remedie for the recouerie of the said deeds and euidences but also by the order of the common lawe is not able to make any auowrie vpon the said H. S. for his said rent In consideration whereof may it please your good Lo. to graunt the King and Queenes most gratious writ of Subpena to be directed vnto the saide I. W. and H. S. commaunding them and either of them by vertue thereof personallie to apeare before your good Lordship in the King and Queenes most honorable Court of Chauncerie at Westminster there to make aunswere to all the premisses and therein to abide such order and direction as to your good Lordship shall be thought consonant to equitie and good conscience and your said Orator shall dayly pray to God for your good Lordship in health and honour long to continue An Answere to the bill next before The Aunswere of H. S. Esquier to the bill of complaynt of Sir T. H. Knight THe said defendant saith that the said bill of complaynt is vntrue Sect. 177. vncerteine insufficient in the lawe to be aunswered vnto and the matters therein conteined are determinable and ought to be determined at the Common lawe within the Countie Palantine of C. within which Countie aswell the saide complaynant as the saide defendant do dwell And also the said mannor and other the premisses mentioned in the said bill of complaint and supposed to be holden of the said complainant do lie and be and further saith that it apeareth by the saide bill of complaint that although it were true as it is not indeede that the said mannor of Capisthorne were holden of the saide complainant in such manner and forme as in his said bill is surmised yet the said defendant doth not nor can or ought by the lawe of the realme hold such parcell of the same mannor of C. as he hath purchased by the seruices mentioned in the saide bill And also that the saide complainant is compellable by the lawes and statutes of this realme to auow at his perill vpon such parcell of the said mannor of C. as is seuered froÌ„ the same in fee simple for such portion of the said rent as the value of the same parcell so seuered doth amount vnto and hath his ordinarie remedie for the same by the order of the common lawes and of the statutes of this realme in that case prouided if the allegations of his bill be true and the said rent can not by the order of the common lawe of this realme be aportioned in this honorable Court. For which matters and other causes aparant in the said bill the said defendant saith that the same bill and the matters conteyned in the same be insufficient in the lawe to be aunswered vnto And that he is not compellable nor ought by the lawe to be compelled to make any further aunswere to the same and demurreth in lawe vpon the same and prayeth to be dismissed out of this honorable Court without any further aunswere to be made thereunto And if this Court will not nor do admit this demurrer but the same notwithstanding will compell the said defendant to make further aunswere to the said bill as otherwise then by compulsatorie order of this Court the said defendant clayming the aduantage of the lawes of this realme whereby he ought to be tryed doth not nor will make any further or other aunswere to the same then the saide defendant after such order made by this Court to make further answere saith that the said I. W. named in the said bill of complaint was seazed in his demesne as of fee of and in one Mese and certeine lands and tenements conteyning by estimation 60. acres or thereabouts which mese and lands is called W. and are within the Countie of C. aforesaid and are of the yearely rent and value of 51. sÌ„ 4. d and the said I. W. so being thereof seised for certeine summes of money to him paid did bargaine and sell the said Mese lands and tenements called W. vnto the said defendant and his heires and thereupon did by sufficient and lawfull conueyance in the lawe conuey and assure the said Mese lands and tenements called W. vnto tâ—e said defendant and his heires to the proper vse of the said defendant and of his heires by force whereof the said defendant entred into the premisses and was thereof seised in his demesne as of fee and the same estate continued vntill about the fifth yeare of the raigne of the late King Eow the sixt that one R. B. by the commaundement of the said complainant did enter into the said Mese and into one pasture or croft coÌ„â—eyning by estimation 2. Acres of land lying on yâ— Southeast part of the said Mese and adioyning to the same and into one Orchard and one garden lying to the said mese being parcell of the saide lands and tenements called W. and in W. aforesaid and thereof did dissease the said defendant to the vse of the said complainant to which entrie and disseisin the said complainant did agree by force whereof the said complainant was and yet is seased
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
Commission sent first their letters requiring them to come before them for the ending of the said cause and for that they did not appeare before them vpon their said letters they then addressed vnto theÌ„ their precept requiring and commanding them and euery of them by vertue of your Honours said letters of Commission to them directed to come appeare before them for the ending of the said cause both which letters precept were deliuered by one A. B. vnto the said T. N. who was the principall molestor troubler of your suppliant in these causes who albeit he had receiued the said letters precept yet that notwithstanding he would not appeare before the said Commissioners but contemptuously by his letters to the CoÌ„missioners refused to appeare before them either vpoÌ„ the said letters or the precept froÌ„ the said Commissioners as by a Certificate froÌ„ the said Commissioners ready to be shewed vnto your good Lo. may appeare to the great derogation contempt of your good Lordships May in therefore please your Ho. for the bridling checking of such dissolute froward wilfull obstinacie to the terrifying of such like disobedient persons to graunt vnto your said suppliant your Lo. warrant to be directed vnto the Sherife of the said County of S. to bring the said T. N. before the said Commissioners at such day houre place as by letters froÌ„ the said Commissioners to the said Sherife shal be assigned or appointed And that if the saide T. N. being so brought before the said Commissioners shall wilfully refuse to o bay performe such order end determination as the said Commissioners shall thinke good to set downe therein That the said Commissioners may haue full power Aucthority to commit the said T. N. to the Gaole within the said County there to remaine vntill he will yeeld to performe and obay the order and determination of the said Commssioners or that your good Lo. shall geue order and direction for his deliuery out of prison And your said Suppliant shall dayly pray for the preseruation of your good Lordships in all felicitie and happines long to continue A Supplication by one for himselfe and for eight other prisoners endicted of murder in Wales wrongfullie as they pretend contayning a former Supplication whereupon the Counsell ordered that they shoulde receiue their tryals vpon the sayd Indictmens of life and death in the Countie of Salop and not in the Countie of M. where they were indicted praying that they might be bayled for that he was a freeholder of good woorth and able to put in good suertie that the Counsell would be pleased to giue order by their letters to the Lo. President and Counsell in the marches of Wales for the bayling of them To the Right Ho. the Lords c. MOst humbly enformeth your good Lo. your humble suppliant and Sect. 187. dayly Orator E. D. of the County of C. for himselfe 8. others now prisoners in the Gaole of M. for a supposed murthering of one M. G. who died about Pentecost last past That whereas vpoÌ„ some sodaine heate of words bariance hapning to growe betweene the same M. G. your said suppliant L. in the said County of C. vpon the 28. day of May last past about the hauing vp of a writ of Capias with a fee formerlie giuen for the executing of the same writ at which time by hard hap a stander by geuing a light blowe to the said M. G. with a stone vpon the head whereof he neuer languished so much as one houre in outward apparance neither did his Chirurgion conceiue any danger to be therein but the said M. G. trauelled afterwards without shewe of griefe from place to place about his affaires into forraine countreys vsing all exercises disports of pleasure and afterwards vpon the 10. day of Iune through sicknes died in the said County of M. In which County of M. by fauour of the kinred allies of the said M. G. your suppliant and 11. others were uniustly endicted for yâ— death of the said M. G. as for murther although there were no maner of malice betwixt your Lo. said suppliant the said M. G. before the said hurt of him yâ— said M. G. but great good will liking betwixt theÌ„ For the same night that the said M. G. was hurt as is aforesaid he had appointed to lye at your Lo. said suppliants house whereupon your good Lo. said suppliant being an humble suitor to your Ho. for redresse of the said hard measure it pleased your good Lo. in your very honorable consideration by order froÌ„ your Lo. to appoint the triall of your said suppliant the other 8. endicted persons at the Assises to be holden for the said County of Salop as a place more indiffereÌ„t fit for the same and yet neuertheles your said poore suppliand the rest remaine in prison cannot be bayled and albeit very good sufficient bayle haue bin by your Lo. supplliant diuers times offered not only for himselfe but also for the rest of the people being endicted imprisoned And for that your ho. said suppliant is a freeholder of credit worth well able to find very good sufficient suretie for his owne bayle his said people to appeare and answere to the said indictment against them before the Qu. Maiesties Iustices of Assise for the saide County of Salop at yâ— next assises to be holden within the said County of Sâ—lop for the said County It may therefore please your good Lo. of your accustomed care and commiseration of poore afflicted persons for their reliefes to giue such order and direction by your honours letters to be directed to the Lo. President and Counsell of the Marches of Wales that your Lo. said Suppliant and his poore people may not only receiue their said triall vpoÌ„ the said indictment in the said County of Salop according to your good Lo. former order directions therein but also that they may be presently bayled vpon good and sufficient sureties to be of them taken by the said Lo. President and Counsell for their personall appearance before the said Iustices of Assise for the said Countie of Salop at the said next Assises to be holden before them for the same Countie then and there to answere to the said endictment and to receiue therein according to lawe and iustice And your said poore Suppliant shall pray vnto God for the long preseruation of your good Lordship in health and much honour long to continue A Supplication to haue the Counsels letters to two Bayliffes of a Towne to take vpon them the hearing of a controuersie of an Account or else to appoint other two to do the same and that they two to appoint an vmpier to end the matter And if the said vmpier cannot end it then to certifie the Counsell of the state of the matter and their opinions thereof and in whom they conceiue the fault to be To the
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