eodem die vsque ad diem c. extunc proxim̄ sequen̄ et moriebatur Et sic dicunt quod eadem K. ad mortem suam deuenit et non aliter et hihil habuit in bonis In cuius rei testimonium c. An Indictment of one in London for coosening of Clothiers IVratores pro domina Regina presentant Quod S. S. nuper de London̄ Sect ' 363. mercator scissor est persona valde mali nominis fame et conuersationis inhonestae communis deceptor et defraudator subditorum dictae dominae Reginae Et quod ipse 30. die c. anno c. tricesimo apud London̄ videlicet in parochia sancti laurentij in veteri Iudaismo in warda de Cheape London̄ praedict̄ in diuersis alijs locis et diebus infra ciuitatem praedict̄ tam antea quam postea quendam Radulphum Wyat de Ciuitat ' Wigorn̄ Clothier et multos alios fideles subditos dictae dominae Reginae decipit et defraudauit et per fraudem astuciam et deceptionem Anglice by cosenage diuersos pannos laneos vocat̄ Broad clothes tam de praedict̄ Radulpho Wyat quam de diuersis pauperationem subditorum dictae dominae Reginae nunc in contemptum dictae dominae Regin̄ et in pessimum ac alijs dictae dominae Reginae subditis perquisiuit habuit et percepit in de perniciosissimū exemplum omnium aliorum ligeorum subditorum dict̄ dominae Reginae in huiusmodi casu delinquen̄ et contra pacē dictae dominae Reginae Coronam et dignitatem suas Nec non contra formam statuti in hm̄di casu editi prouisi Concordat cum Recordo An Indictment against William Hacket for treason and conspiracie viz. for practising the depriuation of the Queene and for traiterous wordes against her and for defacing of her armes c. translated into English out of the very Indictment it selfe THe Iury do present for the Queene that W. Hacket late of Dundel Sect ' 364. in the County of Northhampton yeoman as a false traitor against the most excellent and christian Princesse our soueraigne Ladie Eliz. c. his natural soueraigne liege Lady hauing not y◠feare of God in his heart nor weighing his due allegeance but seduced by the instigation of the deuill malitiously and traiterously compassing imagining deuising and intending the depriuation and deposing of our said Soueraigne Lady Elizabeth from her honor and royall name of the imperiall Crowne of this Realme of England on the xxi day of Iuly in the three and thirteth yere of the Raigne of our Soueraigne Lady Elizabeth nowe Queene of England at London that is to say in the parish of Saint Brides in the warde of Faringdon extra London and diuerse other daies and times betwixt the twelfth of Februarie last past and the the fiue and twenteth day of Iulie in the said three and thirteth yeere of her Maiesties Raigne as wel in the Parish and ward aforesaide as else where in London aforesaid of his owne peruerse and traiterous minde and imagination maliciousely expressely aduisedly directly and traiterously in the presence and hearing of sundry faithfull Subiects of our said Soueraigne Ladie these false malitious and traiterous English wordes following concerning our sayd soueraigne Lady the Queenes Maiestie falsly malitiously aduisedly expreslly directly and traiterously said rehearsed published and spoke viz. That the Queenes Maiestie meaning thereby our said soueraigne Queene Elizabeth did represent all Hypocrisie and had forfaited her Crowne and was worthie to be depriued and that he had bin of that opinion these 4. yeres and that he defaced her Armes in Kaies house thereby meaning the house of one Ralphe Kaies scituate and being in Knight-rider-streete in the Parish of saint Gregorie neere Paules in the Ward of Baynards Castle L. to take away her whole power of her authoritie and was mooued thereunto by the Spirit that he neither was nor is sorie therefore to the great scandall and derogation of the Person and Royaltie of our said Soueraigne Lady the Queene and to the subuersion of the state of this Realme of England and contrary to the forme of a Statute in this case made and prouided also against the peace of our said soueraigne Lady her Crowne and dignities c. An other Indictment against the said W. Hacket for practising the deposition and death of the Queene for stirring sedition in the Realme for rasing of the Queens Armes and her picture and for thrusting an Iron instrument into that part of the picture that represented the breast hart of the Queene And that he treated with two others for the bringing to passe of their purposes And for traiterous wordes vttered against the Queene translated into English out of the very Indictment it selfe THe Iurie present for the Queene That W. Hacket late of Dundel Sect ' 365. in the County of Northhampton yeoman as a false traitor against the most excellent and christian Princesse our soueraigne Ladie Elizabeth by the grace of God of England c. hauing not the feare of God in his heart nor weighing his due allegeance but seduced by the instigation of the deuill and intending wholy to withdraw put out and extinguish the hartie loue the true and due obediēce which a true and faithful subiect of the Queenes should beare and by the Law is bound to beare towards our said soueraigne Ladie the Queene The first day of Iulie in the 33. yere of the raigne of the said Queene at London in the parish of saint Gregorie neere Paules in the Ward of Castle Baynard London falsely malitiously and traiterously intended imagined went about and compassed the said Queene his soueraigne and naturall liege Lady not onely from her Royall state title power and gouernement of this Realme of England vtterly to depriue depose cast downe and disherite but also to bring and put the said Queenes Maiestie to death and finall destruction and sedicion in the said Realme of England to rayse vp leuie and make and also wholly to subuert and destroy the state of this whole common wealth beyng in and throughout euery parte thereof well constituted and ordered And to th entent he might fulfill and bring to passe those his aforesaid traiterous purposes imaginacions compassings and entents The said William Hacket afterward that is to say the first day of Iuly in the 33. yeare of the raigne of the Queenes Maiestie that now is did come to the mansion house of one Raph Kaies scituate and being in Knightrider streete in the said parish of S. Gregories in the warde aforesaid and then and there malliciously diuelishly and traiterously rased and defaced the Armes of the Queenes Maiestie then and there in the said house being with this entent traiteronsly to take away put downe and ouerthrowe the power of authoritie of the said Queene And that the said William Hacket for further accomplishing and effecting of his said traiterous purposes imaginacions compassings and entents the said
first day of Iuly in the said 33. yeare of her Maiesties raigne in the house of the said Ralph Kaies scituate in the parish and ward aforesaid did traiterously raze a certaine picture of the Queenes Maiesties then and there in the said house likewise being And then and there did malitiously and traiterously put in and thrust an yron instrument into that part of the said picture that did represent the breast and heart of the Queenes Maiestie And afterward that is to say on the xvi day of Iuly in the 33. yeare of the raigne of the Queenes Maiestie that now is the said William Hacket traiterously came to the house of one Iohn Walker scituate and being in the parish of S. Marie Somersets in the ward of Queenehith in London aforesaid with entent traiterously to conferre and treat with one Edmond Coppinger gentelman and Henry Arthington gentleman coÌ„cerning his traiterous purposes imaginacions compassings and entents aforesaid And that the said William Hacket afterward that is to say on the xvi day of Iuly in the 33. yeare of the raigne of the Queenes Maiestie that now is at London aforesaid in the house of the said Iohn Walker in the aforesaid parish of S. Mary Somerset in the said ward of Queenehith in London of his owne peruerse and trayterous mind and imaginacion mallitiously aduisedly ezpresly and traiterously did treate and had coÌ„ference with the said Edmond Coppinger Henry Arthington by what waies means and manner the said traiterous purposes imaginations compassings and entents might be accomplished and brought to passe And thereupon the said xvi day of Iuly in the said 33 yeare in the said house of Iohn Walker aforesaid scituate and being in the said parish of S. Marie Somersets in the said ward of Queenehith London in the presence and hearing of the said Edmond Coppinger and Henrie Arthington being then and there in the said house the said Hacket these falfe traiterous English words following of our said Soueraigne Queene Elizabeth falsly malitiously aduisedly expresly directly and trayterously said rehearsed published and spoke viz. That the Queenes Maiestie meaning our said soueraigne Lady Queene Elizabeth had forfaited her crowne and was worthie to be depriued And that furthermore the said William Hacket thereupon the said xvi day of Iulie in the said 33. yeare in the said house of Iohn Walker scituate in the parish of S. Marie Somersets in the said ward of Queenehith London malitiously and traiterously moued and stirred vp the said Edmond Coppinger and Henrie Arthington traiterously and openly to declare and publish in London aforesaid that the Queenes Maiestie that now is had forfaited her Crowne to the great offence and derrogation of the person of the Queeues Maiestie and to the subuersion of the state of this Realme of England and contrarie to the peace of our said soueraigne Lady her Crowne and dignities c. An Indictment of Recusancie vpon the Statute of 1. and 23. Elizab. I Vratores praesentant pro domina Regina quod I. S. nuper de parochia Sect. 366. sanctae Margaretae in WestmonÌ„ in comÌ„ Midd ' armigerÌ„ Qui xx die Septemb. Anno regni Reginae Eliz. c. quadragesimo primo fuit aetatis sexdecem annorum vltra non accessit Anglice did not repaire ecclesiae suae parochiali de parochia sanctae Margaretae in WestmÌ„ pÌ„d ' â—n comÌ„ Midd ' praed ' nec alicuialiae ecclesiae capelli aut vsualiloco communis praecacionis nec ibid ' fuit tempore communis praecacionis ad aliquod tempus infra sex menses proximÌ„ sequenÌ„ praed ' xx diem Septembris Anno xlj supradicto sed abstinuit ab eisdeÌ„ Anglice hath for borne the same a praed ' xx die Septembris Anno xlj supradicto per praedict ' spatium praed ' sex mensium extunc proximÌ„ sequenÌ„ coÌ„tra tenorem cuiusdam StatutÌ„ apud WestmonÌ„ in comÌ„ Midd ' Anno regni dictae dominae Reginae nunc primo pro vniformitate coÌ„munis praecacionis ac contra formaÌ„ statuti AnnÌ„ regni dict' dnÌ„ae reginae nunc 23. in hmÌ„i casu editÌ„ prouis in dictae dominae Reginae nunc legum suarum contemptnm manifestum nec non contra pacem dictae dominae Reginae nunc coronÌ„ dignitatÌ„ fuas c. Memorand that the course is that the partie indicted must appeare in proper person plead to the Indictment Aplea to the Indictment next before Et praedict ' I. S. in propria persona sua venit defendit totum Midd ' ss quicquid contra pacem in contemptu Dominae Reginae nunc aut legum suarum superius fieri suppositÌ„ Et protestand ' quod IndictamentÌ„ praed ' vers eum exhibitÌ„ minus sufficienÌ„ in lege existitad qÄ‘ ipse necesse non habet nec per legem terrae tenetur respoÌ„dere Pro placito tamen idem I. S. vlterius dicit quod de praed ' non accessu alicui Ecclesiae capellae aut vsuali loco communis precacionis aut de abstencione inde contra formam StatutÌ„ praed ' in indictamentÌ„ pred' specificatÌ„ vel de aliqua alia transgressione offens aut contemptÌ„ in IndictamentÌ„ praedict superius supponitÌ„ quod ipse in nullo est inde culpabilis Et de hoc ponit se super patriam c. Et Henricus Fermor genÌ„ qui pro domina Regina in hac parte sequitur similiter Ideo venÌ„ inde IuratÌ„ c. The Venire facias for the retourning of a Iurie to trie the cause betwixt the Queene and the partie Indicted Midd ' ss Elizabeth dei gratia Angliae Franciae Hyberniae Regina fidei defensor c. vic' Midd ' salutem Praecipimus tibi quod non omittas propter aliquam libertatem in Balliua tua quin Venire facias coram N. M. maiore ciuitatÌ„ nostrae London socijs suis IusticiarÌ„ nostris ad gaolam nostram de Newgate de prisonarijs in eadem existenÌ„ deliuerand ' assignÌ„ apud Iustice hall in le old Baylie die veneris scilicet xiij die Iunij proximÌ„ futurÌ„ ad horam primam post meridiem eiusdem diei viginti quatuor liberos legales homines de visnetÌ„ sanctae Margaretae in WestmonasterÌ„ in comitatu nostro Middelsexiae ad recognÌ„ super Sacramentum suum Si I. S. de parochia sanctae Margaretae in WestmonasterÌ„ in comitatu Middlesexiae genÌ„ culpabilis sit de quadam transgressione contemptu vnde idem I. S. indictatus existit necne c. Et habeas ibi tunc nomina IuratÌ„ praedictÌ„ hoc breue Teste praefatÌ„ N. M. Maiore praed ' apud Iustice hall praedict ' septimo die Maij Anno Regni nostri quadragesimo secundo Fermor Execucio istius praeceptÌ„ patet in quodam pannello huic praeceptÌ„ annex ' Respons Roger Clerke vic' Respons Humphrey Welde vic' An Indictment of Burglarie and for hanging vp the good man of the house by the thumbs vpon a beame with pothookes
the bargaine and couenants therein contained they the said T. and G. being as is aforesaid vnder the age of one and twenty yeares at the time of the making thereof It may please your honorable Lordship the premisses considered to grant vnto him this complainant the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. E. T. E. and G. E. and euery of them thereby commaunding them and euery of them at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted to be and personally to appeare before your honorable Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and further to stand to and abide such order and direction therin as to your good L. vpon the hearing of the said cause shal seeme to be agreeable with right equity and good conscience c. A Bill against the heire for entring into lands deuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam HVmbly complaining sheweth vnto your good Lordshippe your Sect. 110. poore and distressed orator G. W. of N. in the County of N. yeoman That whereas W. W. deceased father vnto your said Orator was in his life time lawfully seised in his demesne as of fee of and in the manor and Capitall messuage of N. in the County of N. and of and in one farme set lying and being within the parish of W. in the said County of N. of diuers other lands tenements hereditaments in N. aforesaid And also whereas the said W. W. deceased was likewise in his life time lawfully seised in his demesne as of fee of in certaine ground and one tenement with the appurtenances set lying and being within the parish of C. in the Countie of D. and also of and in the rectorie and personage of C. alias C. within the said County of D. and of diuers other landes and tenements set lying and being in the countie of N. and D. and he so being of the said landes and tenements seised did by his last Will and Testament in writing deuise and bequeath vnto your said humble Orator and to the heires males of his bodie lawfully begotten certaine parcels of land of and in the saide Manor of N. that is to say one mansion house wherein your said poore Orator now inhabiteth and dwelleth one close commonly called B. containing by estimation two acres or thereaboutes one other close commonly called C. containing by estimatiō two acres or therabouts one other close commonly called the vpper S. all which seuerall parcels of land are scituate lying and being in N. as is aforesaid in the foresaid Countie of N. one messuage or tenement commonly called by the name of an oxgang scituate and being in W. in the said County of N. and also one tenement called the N. scituate lying and being in the Countie of D. and also one lease of the rectorie and personage of C. in the County of D. by vertue force of which said deuise and bequeath your said humble Orator entered into the said premisses and the saide issues and profits of the same hath perceiued receiued and taken to his owne profit vse and behoofe as lawfull was for himselfe to doe as he verely beleeueth But now so it is if it may please your honorable good Lordship hhat one R. W. brother to your said humble Orator as sonne and heire apparant to the said W. W. his father deceased hath taken away concealed and cancelled as it is thought the said last Will and Testament of your said Orators father and hath taken vpon him the administration of all the goods and chattels of your said Orators father reiecting and disanulling the said last Will and Testament made by your said Orators father as aforesaid to thintent only therby of set purpose malice and vnbrotherlike dealing to defraud expell depriue and disinherit your said Orator of his right title and interest of and in the said lands deuised to him as aforesaid and also doth threaten your foresaid Orator that he may at his pleasure relinquish and disanul the beforesaid last Will and Testament made by your foresaid Orators father as is aforesaid and did take the administration of all your said Orators fathers goods and chattels and entred into all his said landes as is aforesaid contrarie vnto all right equity and good conscience and not christianlike but vnbrotherlike dealing and contrarie to the true intent and good meaning of your foresaid Orators Fathers Will made as is aforesaid vnlesse your good Lordship doe according vnto your accustomed goodnesse extend your clemency and pitty in that behalfe to your poore Orator In consideration whereof the premisses considered and for as much as the title of your said Orator by reason of the vndirect practise vsed as aforesaid in concealing cancelling and relinquishing the said last Will as aforesaid doth greatly depend vpon the witnesse and testimony of certaine persons dwelling within the County of N to prooue the true meaning of your said orators fathers Wil which are of great yeares and also very impotent not like long to liue nor yet able to trauell to this honorable Court to be examined for the testifying of the trueth touching the premisses as by common order appertaineth And also for that in time the said witnesses may die and by meanes thereof your said Orator may be in danger to sustaine disinherison of the premisses May it therefore please your good Lordship to grant the Queens c. A Bill for refusing to receiue the Plaintifes rent according to an order and taking of forfeiture of a bonde made for payment of the rent HVmbly complaining sheweth to your good Lo. your daily Orator Sect ' 111. I. T. of G. in the County of N. yeoman that whereas one I. K. of W. in the County of Yorke Miller pretended as in the right of his wife to be owner of a certaine messuage in E. in the County of N. aforesaid and of certaine land meadow and pasture thereuuto belonging and lying within the fields of E. aforesaid and the said I. R. so pretēding himselfe in the right of his said wife to be seised as is aforesaid about the 19. or 20. yeare of the Queenes Maiesties most gratious Kaigne that now is did demise the said messuage and land in E. aforesaid vnto your said Orator and one A. L. Gentleman to haue and to hold to them for the terme of 21. yeares from the time of the making thereof rendering therefore yeerely the rent of xx s̄ payable at Whitsontide and Martimnas by euen portions for the payment of which said rent of xx s̄ he the said K. knowing himselfe the title thereof to be questionable and likely to grow to some charges in law to your said Orator to defend did therefore cunningly get your saide Orator to become bound in an obligation of xx l for the yearely paiment of the said
of witnesses betweene the said parties I. L. of A. in the Countie of E. Laborer of the age of xlvi yeares or there abouts sworne and examined deposeth and saieth vpon his Oath as followeth Item to the first Interrogatorie he deposeth and sayth that c. As the matter is c. And so vpon the rest of the Interrogatories The direction of the Commission being executed Illustrissime dominae nostrae Elizabethae Reginae in CancellarÌ„ sua Of Publication Hearing and Breuiates and after that then this Certific ' dexpositionÌ„ testium ex parte A. B. C. D. AFter that the Witnesses be so examined in the Court or by commission Sect 20. as is aforesaid Publication is to be had and thereupon a day of hearing is to be procured Against which time Breuiats must de made of the effect of the pleadings depositions other proues euidence the counsel perfectly instructed of the whole state of the matter a Subpena to heare iudgement Subpena ad audiend ' Iudicium made and deliuered to the partie in conuenient time before the said day of hearing At which time albeit that vpon the hearing the matter be dismissed yet may the parties haue the depositions of their witnesses exemplified vnder the great seale of England Exemplification of the depositions for the furtherance and maintenance of their rights and titles at and by the common Law But if the matter be directed for the Compl after the decree past and enrolled he may haue a writ de Executione iudicij A writ de executione iudicij Contempt which must be serued vpon the defendant And if he refuse to satisfie the same then vpon oath made thereof processe or contempt is to issue against him in forme aforesaid And if such decree be in a suit for lands and the defendant abide all the said processe of contempt and stil deteine the possession of the lands from the plaintife contrary to the said decree then vpon mocion thereof made in the Court a commission is vsually Comission to put the plaintiâ— in possession graunted to the Shirife and some others neere adioyning to the landes in question to put the plaintife in possession and to keepe him in possession according to the said decree A Commission to the sherife to put and keepe the plaintife in possession according to an order there in taken vntilla cause then depending in suit be heard and determined REgina c. vic' Kanc ' salutem Cum per ordinationem captÌ„ in Cancell ' Sect ' 46. nostra 3. die Iulij vltimo preterito intÌ„ W. A. querenÌ„ W. Y. alijs defendentÌ„ ordinatÌ„ fuit quod praed ' W. A. assignatÌ„ sui pacifice quiete iaberent gauderent occuparent vnum messuagium siue tenementÌ„ cum ê‘tinÌ„ IacenÌ„ existenÌ„ in E. R. in comÌ„ praedict ' inter partes praed ' in Cancell ' praed ' in controuersia pendentÌ„ indecisa absque vexatione molestatione siue interruptione praedict ' W. Y. siue aliquarum personarum sub titulo interesse IurÌ„ vel procuratione suis donec materiâ— inter partes praed ' in curia nostra praed ' finaliter determinetur Et quia iam ex testimonio fidedignorum accepimus quod diuerse aliegine ignote inhabitanÌ„ extra comitÌ„ Kanc ' per procurationem praedictoâ— defendentÌ„ vt asseritur possessionem messuag ' tenÌ„tÌ„ praedict ' cum pertinÌ„ vi armis ac manufortitenen tin defraudationÌ„ contemptum ordinis praedict ' ac ipsum W. A. assignatÌ„ suos extra possessionem messuag ' tenÌ„ praedict ' custodiunt contra formam effectum ordinis praedict ' tibi igitur precipimus quod immediate post receptionem huius breuis assumptis tecum sufficientÌ„ potestatem comitatÌ„ nostrae Kanc ' praedict ' in propria persona tua ad messuagium siuetenÌ„tum praedictum accedas attachiari arrestarifacias quascuÌ„que ê‘sonas ibidem inueneris possess messuag ' tenÌ„tÌ„ siue terrÌ„ praedict ' siue alicuius parcell ' tenentes eos eorum quemlibet de die in diem ducifacias vsque prisonam nostram de Fleete gardino nostro ibid ' liberanduÌ„ ibidem moratur quousque de eorum deliberationÌ„ aliter duximus ordinandum Ac vlterius tibi precipimus firmiter iniungendo quod inde praed ' W. A. assignatÌ„ suos in pacifica quieta possessionÌ„ eiusdeÌ„ de tempore in tempus manuteneas donecaliter inde a nobis habueris specialiter in mandatis Et quid inde feceris sciri facias CancellarÌ„ nostro Teste c. A Cerciorare to Commissioners to certifie the depositions taken by Commission REgina c. dilectis sibi A. B. C. D. genÌ„ salutem Volentes certis Sect ' 47. de causis Cerciorari super quasdam depositiones testium in t ' H. G. querentÌ„ C. D. defend ' per vos tres vel duos vrÌ„um virtute breuis nostri de Commissione vobis in ea parte directÌ„ capt ' adhuc penes vos residenÌ„ vt est dictum vobis mandamus quod depositiones praed ' cum omnibus eas taÌ„genÌ„ adeo plene integre prout coram vobis captÌ„ fuerÌ„ nobis in Cancell ' nostram in quindena Paschae prox ' futurÌ„ vbicunque tuÌ„c sub sigillis vestris trium vel duorum vestruÌ„ distincte aperte mittatis hoc breue Teste c. Of a Commission to examine witnesses in perpetual memory FIrst the plaintife must exhibite his bill and thereby shew his title to Sect ' 48. the land lease or such like matter that he hath right vnto And that the witnesses which can prooue his title are aged and not like long to liue whereby he may be in daunger of the losse of the thing in question And therefore to pray to haue a Commission directed to certeine Gentlemen of credite and worship for the examination of the said witnesses And also to pray proces of Subpena against him her or them to shew cause if he or they can why the plaintife should not examine his witnesses as aforesaid The forme of which Processe ensueth in haec verba Elizabeth dei gratia Angliae Franciae HibernÌ„ Regina fidei defensorÌ„ c. I. S. salutem Cum A. B. exhibuit coram nobis in Cancellaria nostra quandam petitionem vt quidam testes in perpetuam rei memoriam versus te examinarentÌ„ ne id tibi in preiudicium cederet Tibi praecipimus firmiter iniun gentes quod omnibê° alijs praetermissis excusatione qua cunque cessante in propria persona tua vel per tuum AtturnatuÌ„ aut deputatum sis coram nobis in dicta Cancellaria nostra infâ— quatuordecim dies immediate post receptionem huius breuissi tibi ita visum fuerit vt dicti testes aut alij quicunque ex parte tua ibidem similitÌ„ examinarÌ„ possint si ita velis vel vt ostendas proponas vel ostendi
Orator hath paid by the handes of F. B. to the said I. W. and in discharge of some debts due by the said I. W. and by his appointment at seuerall times the summe of lxx l' vi s̄ viii d. which the said I. W. hath also accepted in part of payment of the said summe of one hundred and fiftie pounds which said seuerall summes the said I. W. hath from time to time accepted as in part of paiment discharge of the said summe of 150. l' And your said Orator also standeth bound for the onely debt and duetie of the said I. W. for the payment of 20. l' more vnto I. P. Esquire which your said Orator alwaies hath beene and yet is readie to pay for the said I. W. when he shall be thereunto required so that your said Orator hath in the whole paid and satisfied vnto the said I. W. and in discharge of the debtes of the saide I. W. the full summe of one hundreth fourescore and eight poundes and more which is more then your said Orator needed to haue paide vnto him as anie money due vnto the said Anne wife of the said I. W. for the saide I. W. doth very well knowe that the said H. B. did not deuise or bequeath any more vnto the said Anne then the summe of one hundred pounds And doth also very well know that he hath diuers and sundrie times vpon the receipt and payment of the saide seuerall summes not onely confessed the receipt of the same but also faithfully promised vnto your said Orator that he would cancell and deface the said obligations yet notwithstanding so it is if it may please your good Lordship that albeit the said I. W. doth very well know that your said Orator hath fully satisfied and paide vnto him the said summe of one hundreth pounds bequeached by the said H. B. vnto the said Anne and hath also fullie satisfied and payed vnto him fourescore and eight poundes and more parcell of the said hundreth pounds which your said Orator gaue vnto the said Anne of his owne free liberalitie and for the aduancement of the said A. and that the said Obligations viz. one of one hundreth poundes for the payment of fiftie pounds and one other Obligation of two hundred pounds for the payment of one hundred pounds which your said Orator became bound in vnto the said I. W. were for the selfesame debts which your said Orator hath at seuerall payments as is aforesaid paid vnto him in discharge and in part of satisfaction of the said seuerall Obligations ought in all right equitie and good conscience to be cancelled and defaced vpon the payment of the residue of the said summes which is behind and which your said Orator is readie to pay yet he the said I. W. hauing a very greedy and couetous disposition to enrich himselfe albeit he doth very well know the said seuerall Obligations to be in effect fully satisfied and discharged as is aforesaid and that he hath not at any time beene any thing dampnified by the for bearing of the said seuerall summes yet hath he now lately commenced suite vpon one of the said Obligations in her Maiesties Court of Kings Bench and vpon the other Obligation in her Maiesties Court of common Plees meaning to take the whole forfaiture of the said seuerall Obligations against your said Orator in that your said Orator did not in trueth alwaies pay vnto him the said seuerall summes according to the condition of the said Obligations but did alwaies pay the same at such times as the said I. W. had occasion to vse it and as he did at any time demaund it and doth with all the expedition he can and with the most hardnesse that he may vse seeke to recouer the penalties of the said seuerall Obligations against your said Orator contrarie to all right equitie and good conscience and to the great hurt and hinderance of your sayd Orator And albeit your sayd Orator hath diuers and sundry times earnestly required of the sayd I. W. not only to cancel and deface the sayd Obligations vpon the paiment of the residue and surcease his seuerall suites commenced vpon the same yet that or any of them to do he hath denied and refused and still doth denie and refuse contrary to all right equitie and good conscience In consideration whereof and for asmuch as your said Orator hath no good matter to pleade in barre of the said seuerall Actions by course of the common Lawes in that albeit he hath in truth paied and satisfied the said seuerall summes in such sort as the sayd I. W. held himselfe contented therewith yet can he not make any proofe of the paiment of the same according to the conditions of the said seuerall Obligations And for that also the said I. W. hath not in any sort bin dampnified by the forbearing of the said summes of money or any part thereof and yet if he had forsomuch as your said orator hath fully paied vnto him fowerscore eight pounds more then he neede to haue paied and that of his owne liberalitie there is now no reason why he should seeke by rigor of law to take the forfeiture of the said seuerall Obligations albeit it were true that the same were not fully satisfied and discharged in such sort as they ought to be May it therefore please your good Lordship to grant vnto your said Orator the Queenes Maiesties most gracious seuerall writs of Subpena and Iniunction to be directed to the said I. W. not only straightly charging and commaunding him by the same at a certaine day and vnder a certaine paine therein to be contained limitted personally to appeare before your good Lordship in the Queenes Maiesties most high Court of Chancerie then there to answere to the premisses but also inioyning him by the same his Counsellors Attorneys and Solicitors to stay and surcease the said seuerall suits and no further to proceede in the same vntill other order shall be therein taken by your good Lordship And your said Orator shall pray for your good Lordship in honor long to indure A Bill for the detaining of a lease for yeares and taking the profites of the lands leased and secret taking of a Cow distreined and impounded by the plaintife out of the pound and charging him with thee esloyning of the same Cow HVmblie complaining sheweth to your good Lordship your daily Sect ' 72. orator N. C. of H. in the countie of D. Gentleman That whereas one T. E. of H. aforesaid gentleman was lawfully seazed in his demesne as of fee of and in diuers and sundry lands tenements hereditaments with the appurtenances set lying and being in H. aforesaid And he so being thereof seised about the 20. day of May in the 27. yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is at H. aforesaid for and in consideration of a certaine summe of money to him by the said N. C. well
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
stand to and abide to such further order direction therein as to your honorable Lordship shall be thought to stand with right equity and good conscience And your said Orator shall daily pray vnto God for the preseruation of your Honors prosperity and good health long to continue A Bill by an Administator vpon a promise made vnto the intestate by the defendant to pay vnto him certaine money in mariage of the dâ—fendants daughter with one of the intestates Sonnes COmplaining sheweth vnto your Honorable Lordship G. Earle of Sect ' 78. S. administrator of the goods and chattels of the right honorable G. Earle of S. deceased his late father that wheras about seuen yeares now last past there was certaine communication betweene the said G. Earle of S. in his life time and one W. R. of K. in the County hf N. Esquier of for and concerning a marriage then intended to be made betweene H. T. Esquier one of the sonnes of the said late Earle and E. the onely daughter and heire apparant of the said W. R. And thereupon it was fully concluded and agreed betweene the said late Earle and the said W. R. and either party did mutually promise and agree to and with the other that the said H. T. and the said E. daughter of the said W. R. should marry together according to the Ecclestasticall lawes of this realme of England at a certain day by the said parties for that purpose agreed vpon appointed And for and in consideration of the said marriage to be made as is aforesaid the said W. R about the same time did assume to the said late Earle faithfully promise to pay and giue vnto the said late Earle 4000. l of lawfull English money or there abouts at certain daies likewise in that behalfe between them agreed vpon now long sithence past by reason of which agreement promise assumption so made as is aforesaid the said H. T. did shortly after the said agreement marry and take to his wife the said daughter of the said W. R. And thereupon the said W. R. did well truly content and pay to the said late Earle the summe of 3000. l parcell of the said summe of 4000. l or there abouts And shortly after before he the said late Earle had receiued the residue of the said summe of 4000. l he the said Earle died Now so it is if it may please your honorable Lordship that the said W. R. not ignorant of the premisses and nothing regarding his said agreement faithfull promise and assumption so as is aforesaid by him made to and with the said late Earle but imagining and fraudulently intending aswell the said late Earle in his life time as your said orator being administrator of the goods chattels of the said late Earle since his death in this behalf falsly deceiptfully to defraud and deceiâ—e him of the sum of a 1000. l at the lest parcel of the said sum of 4000. l or there abouts by him agreed promised to be paid to the said late E. as is aforesaid in consideration of the said mariage although he the said W. R. hath oftentimes aswell by the said late E. in his life time as by the now E. since his death bin curteusly required to haue paid the said summe of 1000. l according to his said agreement promise and assumption yet that to do hath he euer hitherto denied and refused and yet doth denie refuse to do the same contrary to his said faithfull promise assumption to the great losse damage of the now E. and altogether against all right equity good conscience Notwithstanding that the said late Earle in respect of the said mariage hath conueyed and assured vnto the said H. T. a good estate of inheritance of diuers manors lands tenements and hereditaments worth 3000. l by the yeare or there abouts wherof the said R. his daughter is intituled to haue dower by law In consideration whereof and forsomuch as by reason of the great trust confidence which the said late Earl did repose put in him the said W. R. the said agreement promise assumption so as aforesaid betweene them made was so made secretely priuatly betweene theÌ„selues only without calling any other person or persons vnto theÌ„ to be witnesses therof which might testify the same agreemeÌ„t promise other answere to the said vntrue and insufficient bill of complaint then they and either of them for the satisfaction of this honorable Court in the truth of all the matters in the said bill most vntruly obiected by the said complainant against the said def for further and ful answere thereunto and for plaine declaration of the truth therein They the said defendants and either of them say that true it is indeed that there was a certaine speech or communication had betweene the saide complainant and these said def for such a bargaine to be had and made between them in such sort for the lease and paiments as they â—re by the said bill alleaged the which said communication was then set downe in certaine articles bearing date in the said complainants bill alleaged And it was then also most materiall for these said defendants further couenanted and agreed on the part of the said complainant that that said communication should be by him the said complainant put in writing by deed indented and according to law be executed by sealing deliuering thereof as these said defendants then did and yet do take it moreouer that the said complainant and G. B. of E. in the Countie of D. Esq shoulde become bound iointly and seuerally vnto the said def for the true performance of all and euery the said agreements in the summe of 110. li. before the paiment of the said summe of 40. li. in the said bill mentioned being the first paiment which they should haue made the which saide communication as the said defendantes did accompt it was then set down in writing vnder the terme of Articles of agreemeÌ„t but yet neuer meant to conclude or bind the said bargaine vntill the same should haue bin ingrossed sealed deliuered the said obligatioÌ„ entered at the said complainaÌ„ts costs and trauel as the said def haue euer taken it think the same wil proue so in law because it was referred to further writings more effectuall in the law to be accomplished by the said complainant the which to do he neither yet hath neither as it seemeth meant to performe but rather to gaine the said defendants money without anie assurance thereof to be made vnto theÌ„ for that he hath not caused the said articles to be ingrossed neither hath he the said G. B. entred into bond to the said defendants or either of them according to the said agreement but wholly sought if by any meanes he could cunningly to possesse himselfe of the said summe of 55. li. or of so much thereof as he could without any
deed sufficient in the law did demise grant and to ferme let vnto the said W. G. and M. his wife when she the saide M. was sole and vnmaried the said mesuage tenements and premisses To haue and to hold the same vnto the said W. and M. from the ende and expiration of one lease then enduring and now ended which the said W. G. then had in the premisses for the terme of 21. yeares thence next following fully to be complete and ended which saide lease was not onely meant and entended to be to the vse of your said Orator but also at the time of the making hereof it was so declared and expressed aswel by your said Orator as by the said W. and M. in the presence of diuers witnesses and not to the vse of the said W. and M. as your Orator shall be able plainely to proue in this H. court which notwithstanding by the sinister perswasion confederacie and procurement of one W. L. of E in the countie of D. yeoman they the said W. and M. do chalenge and claim the said lease to be to their own vse behoofe coÌ„trarie to the foresaid trust so reposed by your said Orator in them the said W. G. and M. and contrarie to the foresaid vse thereupon expressed at the time of the sealing and deliuery of the foresaid lease by your said Orator vnto them as is aforesaid And for as much as the foresaid lease in writing is absolute without any vse expressed or declared in the deede of the same And also seeing such witnesses as your said Orator hath for the proofe of the foresaid vse declared at the time of the sealing and deliuerie of the foresaid lease are now very aged and impotent and not likely to liue long and doe inhabite and dwell within the countie of Y. and are not able to trauell to the Citie of London and if they should chance to die before they be examined concerning the premâ—isses then were your said Orator without all remedie for proofe of the foresaid vse and trust so by him reposed in the saide W. G. and M. his wife except by your good Lordship it be granted vnto him that he may haue a commission directed vnto such persons as to your Lordship shall be thought meete inhabiting in the said countie of Y. for the examining of the foresaide witnesses in perpetuam rei memoriam for the proofe of the foresaid vse and trust so reposed by your said Orator in the said W. G. and M. May it therefore please your most honorable Lordshippe the premisses gratiously considered to grant to your said Orator c. A Bill vpon promise safely to deliuer sheepe to the Plaintife by one whose executor the Defendant is which testator and executor conuerted the said sheepe to their owne vse with an answere to the said Bill and replication thereunto To the Queens most excellent Maiestie in her highnes court of Chauncerie MemorÌ„ This direction is when there is neither Lord Chauncellor nor Lord Keeper HVmbly complaining sheweth vnto your Maiestie your faithfull Sect. 87. subiect W. P. of H. in the countie of L. gentlemam that whereas about the moneth of April which was in the yeare of our L. God 1590. one H. S. was lawfully possessed of 62. score Ewes and 6. score lambs as of his own proper goods he being of theÌ„ so possessed about the same time did fell the same vnto your Maiesties said subiect for the summe of fiftie pounds of lawfull English money or thereabouts to him paid by your said subiect By force of which bargaine your said subiect was of the said sheepe lawfully possessed as of his owne proper goods and he being thereof so possessed it was then agreed betweene your saide subiect and the said H. S. and one G. C. of A. in the countie of Y. husbandman that the said H. S. should deliuer the same sheepe to the said G. C. to be safely kept by him to the vse of your saide subiect to be brought and deliuered to your said subiect at your said subiect his dwelling house in H. aforesaid in the said county of Lincolne And thereupon the said G. C. in consideration thereof and in consideration of forty shillings to him by the saide subiect to be paide at the deliâ—ery of the said sheepe in forme aforesaid did then assume vpon himselfe and to your said subiect did faithfully promise that if the said sheepe were deliuered vnto him according to the said agreement that then be the said G. C. would well and safely keepe the same and bring deliuer them or cause the same to be brought and deliuered vnto your saide subiect at his said house in H. aforesaid within certaine time after that he should so receiue the same which time is long sithence past And your highnes said subiect further saith that about the first day of May next ensuing the said agreement and promise all the said sheepe were deliuered vnto the said G. C. at A. aforesaid according to the said agreement But so it is if it may please your excellent Maiestie that the said G. C. in his life time imagining fraudulently intending your said subiect in this behalfe craftily subtilly to defraud and deceiue did not onely not deliuer vnto your said subiect the said sheepe nor any of them according to his saide faithfull promise and assumption but contrariwise did take and conuert a great part of them to his owne proper vse selling some of them to diuers persons to your said subiect vnknowen for diuers summes of money conuerting the same to his owne vse and killing sundrie other of them in his house And shortly after made his last Will and Testament in writing and thereof constituted one R. C. his brother his Executor and died possessed of the said residue of the sheepe After whose death the said R. C. proued the foresaid Testament and also tooke vpon him the burthen and charge of the execution thereof and by pretence of the said residue of the said sixe score one Ewes and sixescore one lambes being about fourescore Ewes and threscore Lambes worth thirtie pound and aboue came to the hands and possession of the said R. C. who imagining and fraudulently intending your saide subiect in this behalfe and subtilty of the said sheepe to defraud and deceiue hath in like manner sold the most part of the said Ewes and Lambes so comen to his hands and possession to diuers persons to your said subiect vnknowen for diuers summes of money betweene them agreed vpon and the money thereof arising hath conuerted to his onely vse and behoofe and albeit your said subiect hath diuers times comen vnto him the said R. C since the death of the said G. C. gently requiring him either to deliuer vnto him your said subiect such so many of the said sheep so as is aforesaid comen into his hands and possession or the very value thereof which very value of such other sheepe
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
rent accordingly vnto him the said K. after which lease and bond so made as aforesaid and also immediatly after your said Orators entrie into the same the title thereof was so defended against your said Orator by such as claimed the same against him the saide K. as that the charges thereof spent about the recouering thereof did stand your said Orator in aboue twenty nobles besides the great trauaile and losse of time that your said Orator sustained thereby being yet altogether vnrecompenced at the said K. hands although he often promised to haue some consideration thereof towards your said Orator And whereas also since and immediatly after that time he the said I. K. likewise in the right of his said wife pretended to haue right vnto certaine copihold lands lying in the parish of E. aforesaid then being in the occupation of your said Orator and other persons for the triall whereof there being certaine actions depending in the copihold Court at Southwell it was notwithstanding before the triall thereof aswell by the consent of the said K. of the one party as also by the assent of your said Orator the defendant on the other party referred to the order and arbitrement of one P. K. and I. B. Esquires that they should order and determine aswell the right as the possession of the said copiholde landes so then in question which said P. K. and I. B. Esquires being willing the controuersies might haue a good and finall end and yet themselues hauing then no good opportunity to attend the same did therefore entreate aswell the said I. K. as also your said Orator and the other that it might stande with their likings that one M. C. and H. W. of M. for that they were beter acquainted with the interest of both the parties might therefore order and make an ende thereof in all points as should seeme good vnto them whereunto aswell the said K. as also your said Orator with the rest agreed promising to performe any such order as they the said C. and W. should in that behalfe make and agree vpon Whereupon the said M. C. and the said H. W. taking vpon them the said arbitrement did thus or to rhe like effect order agree and publish their order and award that your said Orator should stil enioy and continue his possession of the said copihold lands for and during so long time as the wife of the said K. should liue paying yearely for the said copihold land vnto the said K. foure shillings rent and for that he the said K. receiued also an other rent of xx shillings by the yeare at two seuerall times of your said Orator for the freehold land aforesaid they the said arbitrators for the more ease and certainty of him the said K. did further order and appoint that your said Orator should also pay the said foure shillings rent for the copihold land at the same time that the other rent for the freehold was vsed to be paid which was at Whitsontide and Martinmas so that from thenceforth he your said Orator should yearly pay at the daies aforesaid the whole and intire summe of xii shillings at euery of the said feasts And also for that the said arbitrators did well foresee that the said intire payment of xii shillings at one day and instant could not conueniently be paide on the seuerall landes out of the which they in trueth and law were seuerally issuing for that the saide freehold and copihold land be distant in seuerall places therefore the said Arbitrators for the more ease and certainetie of him the said K. did order and appoint that your said Orator should yearely at the daies aforesaid or within xiiii daies after euery of them pay the said rent of xii shillings at the house of one W. W. of M. being a friends house of him the said K. and also farre neerer vnto the said K. his dwellings then the land it selfe is vnto which said order and Arbitrement he the said K. together with your said Orator did willingly agree and condiscend And so for the space of seuen or eight yeares last past the said K. hath alwaies receiued his rent accordingly at the house of the said W. W. of M. aforesaid Notwithstanding so it is if it may please your good Lordship that the said I. K. meaning as it seemeth not onely contrary to the said order and award but also contrary to all right equitie and good conscience subtilly and extreamely to take aduantage of your said Orators bond of xx pound hath refused to receiue your said Orators last Whitsontides rent readie for him at the said W. house in M. aforesaid according to the said order and award therein made as aforesaid May it therefore please your good c. A Bill for payment for cattell sold without present money or especialities by reason of trust reposed in the vendee HVmbly complaining sheweth vnto your good L. your daily Orator Sect ' 112. W. B. of B. in the county of N. Butcher That where as your said Orator about sixe or seuen yeares now last sold and deliuered vnto one R. W. of the same Towne and Countie Butcher sixe Steares and fiue Oren being all fat cattell for the price of xl l and x. s̄ which said summe of xl l and x. s̄ the said R. W. then faithfully promised to pay vnto your said Orator within a short space then after and now long sithence past or else when your said Orator would require demaunde the same of him the said R. W. of which said bargaine and security for the said money your said Orator was then the lesse carefull for that your said Orator not long before had been seruant vnto the said R. W. and for that the said W. had been master vnto your said Orator therefore your said Orator did trust him the said W. so well as that he neither tooke any specialty or security of him the said W. for the said sum of xl l x. s̄ nor prouided any witnesses to be presēt to testify the same bargaine cōtract betwixt them but only priuatly betwixt themselues contracted the same And like wise your said Orator priuatly deliuered the said sixe Steares fiue Oren vnto him the said R. W. vpon trust and performance of his priuate speech promise of paiment thereof as aforesaid whereupon the said R. W. then presently receiued the said six Steares and fiue Oren at your said Orators hands did presently afterwards conuert the same to his owne proper vse and benefit before the money paid by him the said W. vnto your said Orator for the same c. May it therefore please your honorable Lordship c. A Reioinder THe said defendant reioyneth and saith in all and euery thing and Sec ' 113. things as he in his said answere hath made and doth and will auerre iustifie maintaine and proue the same answere and all and euery thing and things clause sentence article and allegation
replied vnto for diuers vntruths and imperfections therein conteined without that that the said M. one of the said defendants did honestly faithfully and truely behaue her selfe in the seruice of the said complainant as by the same defendants in their said aunsweres is vntruely alleaged for this saide complainant saith as he before by his saide Bill hath said that the said M. one of the saide defendantes did secretly deliuer to the saide A. the other defendant diuers parcels of the goods of the saide complainant that the said defendants most wrongfully detaine and withhold from him the said complainant against right and equitie and further the said complainant saith and will auerre and proue that the said A. one of the said defendants did giue her faithfull promise to satisfie and pay vnto the said complainant the vttermost value of euery losse or hinderance the said complainant should sustaine by the said M. as by his bill is most truly set forth declared without that that any other matter or thing in the said defendants answere contained materiall or effectuall to be replied vnto in and hereby not sufficiently replied vnto is true All which matters the said complainant is readie to auerre and proue as this honorable court shall award And praieth as he before by his said bill hath praied A Bill for entring into and detaining copihold lands sold by the defendant to the plaintifes grandfather which descended to the plaintife being an infant the said entrie being made by reason that the copy and court rolle of the said bargaine came to the defendants hands HVmbly complaining sheweth vnto your Lordship your daily Orator Sect. 117. F. H. of W. in the countie of Yorke gentleman that whereas about the xxiiii day of September in the third yeare of the raigne of the late King of famous memory Edward the sixt one Christopher Baxter late of F. in the said Countie husbandman was lawfully and rightfully seised in his demesne as of fee as a copiholder according to the custome of the Manor of the prebend of Laghton it the said Countie of and in one customarie messuage or tenement and one oxgange of land with thappurtenances in F. aforesaid and in another messuage or tenement and thirtie acres and a halfe of land with thappurtenances in F. aforesaid and he being thereof so seised about the time aforesaid for a certaine great summe of money to him paid by F. H. of W. aforesaid grandfather of your said Orator did surrender according to the custome of the said Manor the said customarie tenements and premisses with thappurtenances into the hands of the then Lords of the said Manor to the vse of the said F. H. the grandfather his heires for euer by force whereof the said F. H. the grandfather was thereof admitted tenant accordingly and was of the same as a copiholder lawfully seised in his demesne as of fee by and according to the custome of the said Manor and the rents issues and profits thereof arising and growing did likewise lawfully take conuert to his owne vse vy the space of diuers yeares and afterwards the said F. H. the grandfather being thereof so seised of the said tenements and premisses died thereof so seised about the second yeare of the raigne of the Queenes most excellent Maiestie that now is By and after whose death the said tenements and premisses discended and came and of right ought to discend and come vnto your said Orator being then of very young and tender yeares viz. about the age of sixe yeares as next cosin next heire vnto the said F. H. the grandfather that is to say sonn of T. H. sonne heire of the said F. H. the grandfather but now so it is if it may please your good L. that after the death of the said F. H. the grandfather all the copies of Court rols of the said manor and the very Court rols themselâ—â—â— concerning the premisses did by casuall meanes come vnto the handes custody possession of the said C. B. one T. G. of T. in the said county husbandman or to the hands of one of them which they or the one of them haue cancelled defaced intending thereby vtterly to disinherite your said Orator of the same tenements premisses by colour therof shortly after the death of the said F. H. the grandfather yâ— said C. B. old wrongfully abate and enter into the said tenements and premisses And euer since his said wrongfull entre that is to say by the space of xxiiii yeares or thereabouts hath wrongfully occupied the premisses or the most part therof and receiued and taken and conuerted to his owne vse the rents issues and profits of the said tenements premisses and will not by any meanes permit or suffer your said Orator to enter meddle or haue to do therewith And notwhithstanding that your said Orator not onely by himselfe but also by his friends hath in gentle and quiet manner diuerse times come vnto the said C. T. gently requiring theÌ„ to deliuer vnto him your said orator yâ— said copies of court rols to make reasonable recompence satisfaction vnto him your said Orator for the rents issues profits of the said tenements premisses so as is aforesaid by the said C. wrongfully receiued according to your said Orator his good right title therunto yet that to do they either of them haue euer hitherto refused denied yet do refuse and denie to doe the same against all right equity and good conscience and to the disinherison of your said orator of in the premisses to his great losse hinderance if speedy remedy be not by your good Lordship in this honorable court speedily prouided to preuent the same In tender consideration wherof and for so much as your said Orator not knowing the certain number dates or contents of the said copies and Court rols nor wherein they or any of them be conteined in bagge bore or chest locked sealed or open is therefore without all remedy by the due course of the common lawes of this Realme to recouer the same and for lacke thereof your said Orator is very like to lose the said tenements and premisses and for that also that the contents of the said bargaine and surrender of the said tenements and premisses so as is aforesaid made betweene the said F. H. grandfather and the said C. B. cannot now otherwise be proued then by answere of the said C. B. and T. B. made vpon their Dathes in this honorable Court all such persons as were witnesses of the same bargaine being now either dead or else vtterly vnknowen vnto your said Orator being so young as it is aforesaid at the time of the making of the same May it please your honorable Lordship to grant vnto your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed vnto the said C. and T. straightly commaunding them and either of them
exception therein of the saide lease if the said lease of the said third part before the making of the saide Indenture of bargaine and conueyance had not beene so deliuered of credit and of trust frustrated or granted ouer to the said W. M. or some other by the consent and agreement of the said I. C. and F. S. for their benefit for the auoiding of new charges growing betwene the making of the said lease the said bargaine And albeit aswell the other two parts of the said lands as all other lands tenements with thappurtenances bargained sold by the said Indenture were be clearly discharged of al incumbrances according to the true meaning of the said Indenture it may therefore please your good Lordship the premises coÌ„sidered to grant vnto the said Earle the Queenes Maiesties most gracious writ of Subpena to be directed vnto the said I. C. M. S. E. L. M. and E. his wife C. D. W. M. I. T. M. commaunding them and euery of them at a certaine day and place and vnder a certaine paine therein to be limitted to be and personally to appeare before your good Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and to abide such further order and direction therein as to your honour shall seeme to stand with right equitie and good conscience And the said Earle c. A Bill for the defendant by meanes of enâ—ermariage with the wife and executrix of one who by casuall meanes got the possession of one deede of demise indented made vnto the plaintife detaineth the said demise and by colour thereof doth occupie the tenements demised and taketh the profits to his owne vse IN most humble wise complaining sheweth vnto your good Lo. your Sect ' 121. daily Orator I. M. of B. in the County of N. That whereas one T. C. of D. within the County of Y. did by his deed Indented of demise about the fiueteenth yeare of the Raigne of our Soueraigne Ladie the Queenes Maiestie that nowis demise and grant to your said Orator ten acres of land fiue acres of meadow and fiue acres of pasture with thapppurtenances lying and being in B. aforesaid To haue and to hold to your said Orator and his assignes for the terme of xxi yeares from and after a certaine day therein expressed if the said T. C. should so long liue for the yearely rent of xx shillings payable at the feast of P. and Saint M. the Bishop in winter by euen portions But now so it is if it may please your good Lordship that the said Indenture the certaine dates or contentes whereof your saide Lordshippes Orator knoweth not before the day when the said lease should begin and take effect did by casuall meanes come to the hands custodie and possession of one I. W. who made his last Will and Testament and therein appointed one E. then his wife his sole executrix and died by and after whose death the said Indenture came into his hands and custodie of the said E. since which time the said E. did marie and tooke to husband one R. I. of B. by reason of which intermariage the said Indenture is now come to and remaineth in the hands custodie and possession of the said R. I. and E. his wife or of the one of them who by reason of hauing of the said Indenture without any iust title or interest therein haue entred into the said premisses with thappurtenances and will not in any wise quietly permit and suffer your Lordships said Orator to haue and inioy his said terme of and in the premisses according to his lawfull right and interest therein but contrarie to all equitie and good conscience haue euer sithence taken and conuerted and as yet doe daily take and conuert the issues to their own proper vse and behoofe and will neither deliuer vnto your Lordships said Orator the said Indenture nor permit and suffer him to haue and peaceably enioy the said premisses as aforesaid or any part thereof although your said Orator hath at diuers sundrie times required them so to doe In consideration whereof and for as much as your Lordships said Orator is without all helpe and remedie at the common law for that he knoweth not nor remembreth the dates or contents or any other certainty of the said Indenture May it please your good Lordship to grant her Maiesties gracious writ of Subpena to be directed to the said R. I. and E. his wife and to either of them commaunding them and eyther of them thereby personally to appeare before your honor in her Maiesties high Court of Chancery at W. at a certaine day and vnder a certaine paine by your honor therein to be limited there c. A Bill against an Infant for bourding and apparrell deliuered to him by the plaintife and for not performing of a lease IN most humble wise complaining sheweth vnto your Honorable Sect. 122. Lordship your daily Orator T. T. of B. in the Countie of D. husbandman That whereas about foure yeares now last past one G. B. of B. aforesaid yeoman being seised in his demesne as of â—ee of and in diuerse landes tenements and hereditaments with their appurtenances in B. aforesaid holden in Socage of I. S. as of the Manor of D. which said tenements and premisses the said G. B. had by discent by and after the death of B. his late father and the said G. B. being thereof so seised and being of the age of xx yeares or thereabuuts and vnder the age of xxi yeares about the xxv day of Iuly which was in the thirtie yeare of the Raigne of the Queenes most excellent Maiesty that now is by means counsaile procurement and perswasion of diuers euill disposed persons that is to say one A. E. I. M. W. M. T. C. H. M. N. H. W. H. and D. D. intending by their vngodly compact practise to make a pray of the simplicity of your said Orator being an ignorant vnlearned man the said G. B. came vnto your said Orator pretending that he did then beare great good will and fauour to your said Orator and therefore entreated your said Orator that he might boord remaine with your said Orator in his house at B. aforesaid and not onley haue meat drinke lodging but also such apparrell rayment as your said Orator should thinke meet conuenient for his degree calling at the costs charges of your said Orator promising faithfully and fully to satisfie your said Orator for all such charges expences as he by reason of the premisses should in any wise sustaine Wherefore your said Orator giuing credit vnto the said G. B. in the premisses thinking that that he had faithfully promised he would fully and effectually haue performed did then fully consent and agree to and with the said G. B. to find him meat drinke lodging apparrell as is aforesaid for the consideration promised
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
humble wise complaining sheweth vnto your Honorable Sect. 123. Lordship your dayly Orator R. P. of L. in the countie of Yorke chapman that whereas the third day of May now last past which was in the fiue and thirtie yeere of the most prosperous raigne of our most gratious Soueraigne Ladie Elizabeth the Queenes most excellent Maiestie that now is and before and after the said third day of May one W. T. of W. in yâ— countie of M. grasier now lately deceased were chapmen partners copercioners or parting fellowes did then as partners and parting fellowes iointly occupie together in all maner aswell of buying and selling bartering or bargaining of beasts and cattell with their seuerall stockes and of and with diuers other goods beasts and catttell taken vpon their credit and of and with all encrease and gaines from time to time arising and growing by reason of their sayd occupying as by factorship alienation exchaunge or otherwise for a certaine time betweene them the said W. T. R. W. priuately agreed vpon and it was also then agreed betweene them that during the time of their said ioint occupying together or partnership either of the said parties should be faithfull and true to other in buying selling and otherwise as is aforesaid And all such lucre profite and gaine aduantage benefite and winning as should come grow or arise in buying and selling any beasts or cattell during their ioynt occupying or partnership should be equally parted and deuided betweene the said parties so as either of them should haue his iust and true moitie and portion of the same And that at such times as it was betweene them agreed vpoÌ„ either of them should make a iust and true reckoning and accompt with other of buying and selling of all such beasts and cattell and otherwise as aforesaid And it was then also agreed betweene them the sayd W. T. and R. W. that if any losse or charge shal happen to either of the said parties at any time or times during their said ioint occupying together partnership by death of a cattell euill debts casualties or otherwise concerning their ioint occupying to any part of the said stocke in buying and selling of beasts or cattell or otherwise as is aforesaid to be impaired that the same losse and charge should be equally borne by both the said parties And if it should happeÌ„ either of the said parties of die during the said ioint occupying or partnerships then the executors or administrators of the goods and chattels of the party so dead should make a iust true accompt paiment deliuery of such part of all encrease gaines beasts cattell debts as should be due to the partie suruiuing And in like maner that the party suruiuing should make declare to the executors of the goods chattels of the party so dead a iust true perfect accompt reckoning of all the state and qualitie of their said ioint occupying or partnership and also pay deliuer assigne vnto the said executors or administrators of the party so dead such moity halfe part portion of the said increase gaines beasts cattell debts as vpoÌ„ the same accompts should then haue bin due vnto the party so dead in so large and ample maner as if he had bin then liuing and the said ioint occupying then ended at such times in such maner as it was betweene the said parties agreed vpon by force of which agreement they the said W. T. R. W. iointly as coparteners ioint Chapmen partners or parting fellowes occupied together their said stocks and other things aforesaid according to their mutuall agreement by buying selling exchanging of beasts cattell and otherwise in sundray faires and markets of this Realme of E. and with diuers and sundrie of her Maiesties faithfull and louing subiects vntill the day of c. nowe last past at which time the said R. W. died the said W. T. him suruiued during which said ioint occupying together partnership or society that is to say the third day of May now last past the said R. for and to the vse of himselfe and of the said W. T. his partner and ioint chapman as is aforesaid at M. in the county of N. did buy of your honors suppliant in the open maâ—ket then there holden three Oxen for sixe pound fiue shillings of which summe part was then in hand paid and the residue was then agreed to be paide vnto your Orator vppon the Tuesday in Whitson weeke then next following in N. aforesaid and also vpon the Wednesday ensuing the day commonly called or knowen by the name of Holie-thursday the said R. W. did also buy to the vse of him the said T. of your said Orator other two Oxen for 8. pounds to haue been paid to your Orator vpon the said Tuesday in Whitson weeke at N. aforesaid which said Oxen were then accordingly deliuered to the saide R. W. at N. aforesaid and shortly after the said R. W. deliuered the same Oxen to the hands of the said W. T. and died not hauing paied or satisfied this your Orator of and for the said fourteene pounds nor of any part thereof according to the said bargaine the said Oxen remaining in the hands and possession of the said W. T. and after the time of the death of the said R. W. and were sithence by him the said W. T. conuerted to his owne onely vse by meanes whereof action accrewed vnto your said Orator to demaund and haue of the said W. T. and of one E. W. of S. in the county of E. widow late wife of the said R. W. or of one of them the said 14 l so to him due for the said Oxen which the said E. W. by the compact and consent of the said W. T. and R. W. became executor to the said R. W. and wrongfully administred conuerted to his owne vse diuers goos and chattels which were belonging to the said R. W. at the time of his death And albeit your said Orator hath diuers and sundry times come and sent to the said W. T. and E. since the death of the said R. W. gently requiring payment of the said summe of 14. l so as aforesaid being behinde and vnpaid of the price of the said Oxen notwithstanding that diuers goods chattels which were the said R. W. at the time of his death sufficient for the contentation of your said Orator of and for his said debt of 14. l And also to performe the funerals of his said R. W. and to satisfie all debts which the said R. W. ought to any person or persons at the time of his death came to yâ— hands possess of the said W. T. or E. W. or to the hands possess of such person or persons to whoÌ„ they the said W. T. E. W. or the one of theÌ„ haue left yelded or deliuered the same in their or some of their haÌ„ds doth stil remain NotwithstaÌ„ding they
either of theÌ„ haue diuers and sundrie times since the death of the said R. W. beene by your said Orator others in his behalfe gently required to pay the same yet that to do they and either of them haue euer hitherto denied and refused and yet do denie and refuse to pay the same vnto your said Orator fraudulenâ—ly intending thereof and euerie part thereof craftily and subtilly to defraud and deceiue your said Orator And for that purpose haue secretly conueyed concealed and hid a great part of the goods and chattels which the said K. W. had at the said time of his death being of good value to diuerse persons and in diuers places to your Orator vtterly vnknowen so that the same being by that meanes left out of the Inuentory of the goods of the said R. W. to the intent to dasâ—e blind the eies of your Orator and of sundry of the said R. W. creditors to whom he was in like manner indebted not knowing the trueth of their dealing and vngodly practises and deuises intending by such colourable meanes either vtterly to defraud his said creditors or so to inforce them to rest contented with some small part of their true and lawfull debt And whereas afterwards that is to say vpon Tuesday next after Midsomer day now last past your Orator and one T. T. of L. in the County of L. husbandman by a priuate agreement betwene them made did ioyntly buy of diuers persons to the vse of them both eight Oxen and seuen Bullocks or Steeres for diuers seuerall sums of money and afterwards the said beasts that is seuen of the said Oxen and the said seuen Bullocks or Steeres for the price of which 14. beasts and of the said odde Oxe your Orator and the said T. T. afterwards priuatly accompted and he thereupon satisfied your orator all that to him was due for the same but 3. l 13. sÌ„ 4. d or thereabouts and being perswaded by the said W. T. and E. W. and by their pernitious example not satisfied with their former wrong as is said offered to your said Orator haue also perswaded the said T. T. not to pay to your said Orator the said summe of 3. l 13. sÌ„ 4. d or thereabouts so to him due for the price of the said Oxen so that albeit the said T. T. hath oftentimes since the making of the said bargaine and accompt been gently required by your said Orator and others on his behalfe yet â—e hath euer hitherto denied and refused to make paiment thereof and still doth denie and refuse to do the same against all right equity and good conscience which vnlawfull practises of the said W. T. and E. W. and T. T. are likely to be to the great losse and hinderance of your said Orator if speedie remedie be not by your good Lordship prouided to meete with and preuent their couetous and most vnconscionable dealings and purposes in the premisses wherefore and for as much as the said agreement of partnership and otherwise made betwene the said W. T. and R. W. also all the compacts and practises made by and betweene the said W. T. and the said E. W. since the death of the said R. W. And also the said agreement of the ioint buying of the said fifteene beastes by your Orator and the said T. and also the said bargaine betweene your Orator and the said R. W. for the said fiue Oxen as also the said ioint buying of the said fifteen beasts by your orator the said T. T. were secretly and priuately made betweene themselues so that there is no person liuing knowen to your said Orator but the said W. T. E. W. and T. T. priuie thereunto that can testifie the said seueral contracts made betwene your said Orator and the said R. W. of and for the said fiue Oxen as is aforesaid and the said ioint buying of the said fifteene beasts by your said Orator the said T. T. their said accompts touching the same or the said ioint occupying or partnership betweene the said W. and T. or the said concealement cunning close and vnlawfull dealings of the said E. W. and T. in the premisses so that your said Orator through the want of such precise proofe thereof as the strict course of the common lawes of this Realme doth in that behalfe require is altogether remedilesse by the order of this honorable Court wherein your Orator verely hopeth that the said W. T. E. W. and T. T. in their seuerall answeres to the premisses will seuerally vpon their corporall Oathes confesse the said premisses to be in effect as they haue beene herein disclosed and set forth It may therefore please your Honorable good Lordship the premisses gratiously considered to grant vnto your said Orator her Maiesties most gracious seuerall writs of Subpena to be directed to the said W. T. EW T. T. and to euery of them thereby commaunding them and euery of them at a certaine day and vnder a certaiue paine therein limitted to be and personally to appeare before your honorable Lordship in her Maiesties most high Court of Chancery then and there to answere vnto the premisses and abide such further order and direction therein as to your honorable Lordship shall seeme to be agreeable with right equitie and good conscience And your said Orator shall daily pray c. A Bill vpon a promise to forbeare debt due by Obligation vntil an other day and yet suing the band IN most humble wise sheweth and complaineth vnto your honorable Sect ' 124. Lordship c. That whereas one R. F. of c. in the County aforesaid Gentleman was indebted to one W. P. of D. aforesaid in the summe of c. And whereas your said Orator at the speciall and earnest intreatie and request of the said R. F. about two yeares last past became bounden for the said F. vnto the said W. P. by his deede or writing Obligatorie in the summe of c. with Condition therein cantained or indorced for the payment of the summe of c. vnto the said W. P. at the feast of c. which was in the yeare c. at or in the Church porch of c. aforesaid as by the said deede or writing Obligatorie doth and may appeare Which said summe of c. your said Orator had appointed in a readinesse and purposed to pay the same at the time and place aforesaid according to the Condition of the said writing Obligatorie Whereupon the said W. P. the very day appointed for the paiment of the said c. or the day before the certainty whereof your said Orator nowe remembreth not came vnto your saide Orator and vpon speech had betweene your said Orator and the said P. touching the paiment of the said money The said P. was contented and did agree to forbeare the paiment thereof vntill the feast of P. then next following and did faithfully assume and promise to and with your said Orator both then
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
at the feast of Saint A. then next insuing before which day the said W. L. by his last will and Testament constituted and made one E. then his wife his executrix and dyed and left vnto the said E. then his executrix of his owne proper goods all his debts paied the summe of one hundred pounds of whom your said Orator sundrie and many times hath required payment of the said xviii pound which to content and pay the said E. did neuer vtterly denye but did require respite for the payment of the same and before the saide E. did content and pay any penie of the said xviii pound the said E. in her death ded by her last will and testament did constitute and make one I. S. her sonne her executor and dyed and left to him sufficient of the goods of the saide W. for the contentation and payment of the same xviii pound and after dyed sithence whose death the saide complaynant dayly sundrie and many times required the saide I. S. to content and pay vnto him the saide summe of xviii pound which to do he hath at all times refused and yet doth contrarie to right and good conscience to the vtter vndoing of your poore Orator foreuer And for because your Orator hath no specialtie whereby he should charge the Executor or the Executrix of the saide W. L. he is therefore without remedie by the order of the common Law of this Realme and is like vtterly to loose the saide xviii pound vnlesse your gracious fauour be to him shewed in this behalfe In tender consideration whereof it may therefore please your good Lordship the premisses considered to graunt the Queenes writ of Subpena to be directed to the saide I. S. commaunding him by the same personally to appeare before your good Lordship in the Queenes most gracious Court of Chauncerie c. The answere of the same Bill for xviiâ— poundlent without specialtie THe saide I. S. by protestation not knowing that the saide Complainant Sect. 141. did deliuer the saide W. L. in the saide bill named the summe of xviii pound or any part thereof by way of prest as in the said bill is surmised He further saith that the said bill of complaint is vncertaine and insufficient in the Law to be answered vnto and much of the matter therein contained is fained and imagined for vexation and trouble of the saide I. S. notwithstanding the aduantage thereof to him at all times saued The said I. S. for further answere vnto the saide bill sayth that long time before the saide E. L. was constituted and made Executrix vnto the said W. L. the said E. was maried vnto one R. S. father of this defendant by the space of twentie yeares and more which said R. S. by his last will and testament constituted ordeyned and made the said E. and the said I. S. his Executors and dyed and left to the order and disposition of the said Executors goods and cattles of his owne to the value of two hundred pounds sterling and aboue All which goods and cattels for the most part of the same being and remayning in the hands and custodie of the saide E. she the same E. married and tooke to husband the said W. L. which saide W. after the marriage had betweene him and the said E. did mispend wast and consume of the said goods and cattels late of the same R. S. to the value and summe of 140. â—â—sterling and aboue And after the said W. L. by his last will and Testament ordeined and made the saide E. executrix thereof died a verie poore man hauing no maner of goods nor cattels at the time of his death of his owne to the value of twentie shillings sterling And afterward the said E. by her last will ordeined this defendant executor thereof and died sithen whose death there hath not come to the hands of this defendant of the goods late of the said W. L. to the value of 20. shillings sterling without that that the said W. L. at his death left vnto the saide E. of his owne proper goods to the summe of an hundred pounds ouer his debts paid or yet the summe of twentie shillings sterling or that the said E. after the death of the said W. L. did euer consent or agree to pay the saide eighteene pound vnto the said complainant or did require him to respite the paiment thereof or that the said E. at the time of her death left vnto the said defendant sufficient of the goods of the saide W. L. for the contentation and payment of the saide 18. â— as in the sayde bill of complaynt vntruly is surmised And without that that any other thing comprised in the saide fained bill of the aforesaid I. S. which is materiall to be answered vnto and in this answere not confessed auoided or trauersed is true All which matters c. A bill of Complaint vpon certaine griefes requiring a writ of Certiorari IN most lamentable wise sheweth vnto your good Lordship your Sect ' 142. dailie poore Orator I. W. of London That where one A. H. of London aforesaide Marchant Taylor borowed of your saide Orator twelue pounds sterling to be paied to the said c. at a certaine day betweene them agreed which day was expired and the said summe of money not payed wherfore the said A. for that he had not ready money desired your suppliant to take a certaine white broad cloth in pawne containing fortie yards cut in peeces for the saide twelue pounds which cloth was sold and deliuered to your saide Orator by a Bill of sale wherein the said A. H. standeth bound with Condicion in the same hill declared That if the said Cloth were not redeemed by a day certaine in the said bill limitted that then the same cloth to be to the only vse of your saide Orator for contentation and whole payment of the said twelue pounds Since the which time the saide A. counselled your said Orator to put forth the said cloth to one L. M. of London Shereman to be died of seuerall colors for his most profit by the meanes whereof the said W. was contented to take the saide broad Cloth for the payment of the saide money and afterward the saide cloth was deliuered to the saide L. M. and within sixe dayes after the deliuery of the saide Cloth to the saide L. one R. M. Spaniard affirmed a plaint of debt against the saide A. and according to the custome of the Citie of London hath caused Attachment to be made of the saide broad Cloth as debt due by the saide A. vnto the saide R. whereas the saide Cloth is your saide Orators Notwithstanding by reason of the saide Attachment your saide Orator retayned Counsaile in the Guildhall of London where the matter was at an issue whereupon the Iurie was impanelled since the which time for the space of three Court dayes your saide Orator did giue attendance there to haue the saide matter
secret estates to diuers vnknowne persons to defraude the plaintife of his apt remedie by the common lawe and so prayeth proces against the defendant To the Right Honorable Sir T. E. Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lordship Sect. 145. your dayly Orator I. B. labourer That whereas R. G. Widowe was lawfully seazed in her demesne as of fee of and in three messes twentie acres of land meadow leasowe and pasture with the appurtenances set lying and being in M. in the Countie of B. And the said R. G. being so seazed of all the premisses did of the same about fortie yeares last past enfeoffe certaine persons To haue and hould to them and their heires to the vse and performance of the last will and testament of the saide R. G. and by the same her will deuised all the premisses or the vse thereof to her sonne W. B. and to the heires of his body lawfully begotten with diuers remainders ouer and dyed by and after whose death the said W. B. into the premisses entred and was thereof lawfully seazed in his demeasne as of fee tayle generall by force of the gift aforesaid And the said W. B. so being seazed of the premisses died of such an estate thereof seased by an after whose death the same premisses did discend and come to your said Orator as sonne and heire of the body of the said W. B. by force of the deuise aforesaide by reason whereof your saide Orator in the premisses entred and was thereof seazed in his demesne as of fee by force of the saide gift in taking the issues and profits accordingly vntill of late that is to say about foure yeares last past that as well the saide deede of feoffment and last will and testament aforesaide as also diuers other euidences charters escripts and miniments concerning the premisses are by casuall meanes come to the handes custodie and possession of one R. W. of S. aforesayde in the sayde Countie yeoman who by cullour of hauing of them hath not onely entred into the premisses and thereof expulsed your sayde Orator but also hath contriued diuers secret estates to diuers and sundry persons to your Orator vnknowne in purpose to defraude and delay your sayde Orator to his apt action and remedie by the course of the common lawes of this realme for recouerye of the prâ—misses to your Orators vtter vndoing and disinheritance for euer And for as much as your sayde Orator knoweth not the certayne number nor the dates and contents of the sayde Euidences Charters Escripts or Miniments nor yet wherein the same be contayned whether in bagge or boxe sealed or vnsealed or in chest locked or vnlocked by reason whereof your sayde Orator is clearely without all remedye for the recouerie thereof by the ordinarie course of the common lawes of this Realme In tender consideration whereof may it please your good Lordship the premisses considered to graunt vnto your sayde Orator the Queenes Maiesties most gracious writ of Subpena to be directed vnto the sayde R. W. commaunding 〈◊〉 thereby persoâ—â—lly to appeare before your good Lordship in the Queenes Maiesties high court of Chauncerpe at a short day and â—â—der a certayne payne therein to be limited then and there to answere to the 〈◊〉 and to abide such order and direction therein as to 〈◊〉 and iustice shall appertayne And your said poore Orator shall dayly pray as â—e is bounden for the health and long life of your good Lordship with all increase of honour to Gods will and good pleasure A bill against two for the deliuerie of heâ—reloomes or principalls to the plaintife being sonne and heire according to the custome of the Countie Pallantine of Chester To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great seale of England COmplayning sheweth vnto your good Lordship your dayly Orator Sect. 14â— I. S. of Lincolnes Iâ—â—â— Geâ—â— sonne and heire of I. S. of D. within the Countie of â— That where as the sayde I. S. was in his life time lawfully possessed of and in diuers goods and Chattels as of his owne proper goods that is to say Plate Iewels houshold stuffe beasts cattaile horses and other manner of goods amounting to the value of fiue hundred pound or neere thereabouts and so being thereof possessed made his testament and last will ordeyning thereof Elizabeth then his Wife and nowe Wife to B. P. his sole executrix and shortly after dyed possessed of the premisses as aforesayde within the said Countie of C. Immediatly after whose death the said E. did take vpon her the administration of the said goods and other the premisses accordingly by vertue whereof she was thereof possessed accordingly But so it is and please your Honor that the custome of all the countrie within the said Countie of C. is and time out of minde of man to the contrarie hath beene that if any person or persons being possessed of goods and cattels as of his owne proper goods and cattels and dye thereof possessed that the next heire to him that so dyeth possessed shall haue the best and principall thing of euerie sort and kinde of the said goods and cattels for and in the name of the principals and heire Lomes by force vertue whereof your Orator being the sonne and heire of the said I. S. was after the death of the saide I. S. iustlie entituled to a great part of the said goods and cattels amounting at the least in value to 200. pound or neere thereabouts by reason whereof and for that your said Orator was at the time of the death of his saide father vnder age of xxi yeares and yet is and in ward to the Queenes Maiestie and hauing the possession of so much of all the said goods and cattels as to your said Orator did appertayne and of right belong by vertue of the custome aforesaid being verie neere to the value of two hundred pound by deliuerie of the saide E. in her Widowhood immediatly after the death of the saide I. S. your saide Orator did incontinently thereupon deliuer the same to the said E. to be safely by her kept to your saide Orators vse and to be in like maner safely redeliuered to your saide Orator at such time or times as by your saide Orator or his assignes she should be thereunto required sithence which said redeliuerie made by your said Orator to the said E. as aforesaid the said E. hath taken to husband one B. P. Genâ— by reason whereof all the said goods cattels and other the premisses were and did come after the said entermariage into the hands and possession of the same B. P. which said E. sithens the said deliuerie made by your said Orator vnto her as aforesaide before the day of entermariage hath vtterly refused to make any redeliuerie of the said goods and cattels so by your said Orator to her deliuered as aforesaid or yet to make
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
plaint if went about to take the benefit of his extent to keepe Courts and vnderstand what lands and how the tenants held and what rents seruices they paid for the same but could not performe his purpose therein for the tenants the noble man had the Courtrowles in their keeping and the leasses rentals c. and would not let him see the same and that the noble man refused to suffer the plaintife to enter into the manors lands extended or to keepe any Courts and would not suffer the tenaÌ„ts to pay the plaintife any of the rents or seruices due for the same manors or to declare vnto him what the same rents and seruices were And then the plaintife prayeth that the tenants occupiers and farmors of the said manors may vpon their oathes bring forth their leasses declare what lands they hold and what rents seruices euery of them pay And that all the defendants may shewe to the plaintife the Courtroâ—les rentals books oâ— suruay field books terrars in their custodie and so prayeth proces against all the defendants To the Right Honorable Sir Christopher Hatton of the most noble order of the Garter Knight Lord Chancellor of England IN most humble wise complayning sheweth to your good Lordship Sect. 149. your dayly Orator I. L. Citizen and Clothworker of London That whereas the Ho. Ed. Lord M. Baron of R. the last day of December in the 26. yeare of the raigne of our soueraigne Lady Queene Elizabeth before Sir Christopher Wray Knight Lord chiefe Iustice of the pleas before her highnes to be holden did acknowledge himselfe to owe to your Orator the summe of MCC of lawfull english money by his recognizance in the nature of an estatute staple with a defeazance thereupon made for the true payment of diuers seuerall summes of money at sundrie seuerall dayes now long sithence past And whereas likewise the saide Ed. Lord M. was and stoode iustly indebted to your saide Orator in diuers other summes of money by ohter bonds as also by your Orators booke for diuers wares taken vp of your Orator for the vse of the saide Lord Mo. And whereas also Tho. P. Esquier brother of the said Lord Mo. stood indebted did owe to your said Orator other certaine summes of money for the paimeÌ„t wherof the said Lord Mo. did vndertake and did make to your said Orator many seuerall sundrie promises the which as yet he hath in no sort performed And whereas the said Lord Mo. at the time of the knowledging of the foresaid statute staple was lawfully seazed in his demesne as of Fee of in the mannors of H. W. A. B. with two faires twice in the yeare with one market holden euery weeke at H. aforesaid with the hundred of F. with euery of their appurtenances scituate lying being in the Countie of Norffolke and of and in the manor of H. with their appurtenances in the said Countie of Norffolke which said mannors other the premisses aforesaid the said Lord Mo. by lawfull assurance conueyance in the Lawe did bargaine sell conuey assure the same with all and euery their appurtenances whatsoeuer to one Tho. Lord of H. in the saide Countie of Norffolke Esquier and to his heires for euer by vertue of which conueyance and assurance the said Tho. L. was and is yet seazed of the saide seuerall mannors and other the aforesaid premisses in his demesne as of Fee And whereas the said Edw. Lord Mo. was likewise seazed in his demesne as of Fee at the time of the knowledging of the saide statute staple of and in the mannors of S. M. and W. with the aduousons of Sw. Mo. and Wo. with their appurtenances in the Countie of Norffolke aforesaid which said seueral mannors thaduousons aforesaid the said Lord Mo. by like conueyance and assurance did conuey and assure the same to one Ed. B. late of D. in the said Countie of Norffolke Esquier deceased and to his heires for euer to the only vse and behoofe of the said Ed. B. his heires and assignes for euer by whose death T. B. sonne and heire of the said Ed. B. Esquier deceased was and yet is seazed of the said mannors of S. Mo. and Wo. and of the aduowsons of S. Mo. and Wo. in his demesne as of Fee And whereas the said Lord Mo. was at the time of the knowledging of the saide statute staple likewise seazed in his demesne as of Fee of and in the mannor of B. with the appurtenances scituate and extending into the Townes of N. M. c. in the aforesaid Countie of Norffolke which said mannor the saide Ed. Lord M. did likewise conuey vnto T. G. GentÌ„ and to his heires for euer to the only vse and behoofe of the said T. G. his heires and assignes for euer And whereas the said Edw. Lord Mo. was at the time of the saide statute knowledged and yet is seazed of and in the mannor of A. with the appurtenances in the said Countie of Norffolke in his demesne as of fee and being indebted to your said Orator as aforesaid your Orator made sundrie and diuers earnest requests for the getting of the said debt and summes of money aforesaid and your Orator being by the saide Lord Mo. promised to haue the said debts at diuers seuerall dayes yet none of them were performed or kept whereby your Oratour seeing no performance but was delayed from time to time your saide Oratour about two yeares sithence sued forth his seuerall writs of Extendi facias directed to the Sheriffs of Norffolke Essex Hertford Sommersetshire and Yorke and to the Chancellor of the Countie Pallantine of Lancaster for the extending of all the mannors lands tenements and hereditaments within the Counties aforesaid whereof the said Lord Mo. was seazed the time of the saide statute knowledged which writ directed to the Sheriffe of the said Countie of Norffolke was deliuered to one Clement Pastone Esquier then Sheriffe of the same Countie to be by him executed and returned acordingly By vertue whereof the saide Clement Pastone Esquier did by the Othes of a Iury sworne charged within the said Countie of Norffolke acording to the due course of her Maiesties lawes extend and appraise the saide seuerall maunors faires markets lands tenements all other the premisses with the appurtenances lying within the said Countie of Norffolke as in and by the saide extents remayning of record in this ho. Court of Chauncery and by the returne of the said Sheriffe with the seisure of the said seuerall mannors into the Queenes Maiesties hands to the intent they might be deliuered to your Orator in extent more at large it doth and may apeare After which inquisition extent and seasure so taken had made your Orator sued forth her highnes writ of Liberate bearing Teste the 4. day of February in the 30. yeare of her highnes raigne directed tothe said Sheriffe of Norffolke commaunding him thereby to deliuer
by the course of the common lawes of this realme make any Auowrie for either the yearely farmes nor yet for the rents seruices due vpon for the foresaid freehold or copiehold lands holden of the said seuerall mannors as aforesaid nor yet for any other dutie or seruice due for the same nor can shewe forth the certentie of the lands that the said tenants do seuerally hold May it therefore please your ho. Lordship that some good order may be by your Lordship set downe whereby the foresaid seuerall Farmors tenants occupiers of the said seuerall mannors all the other parties before mentioned may be inforced to set downe vpoÌ„ their othes as also bring forth their seueral Indentures of Leases whereby your Orator may know the seuerall dates of theÌ„ as also what lands they hold by the same by what yerely rents fermes And the the tenants of the said seueral mannors may likewise be inforced vpon their oathes to set downe what lands they hold of the said seuerall mannors either freely or by copy of courtrowle by what rents fines duties seruices As also the foresaid Eo Lord Mo. c. hauing the custodie of any the rentalls Courtrowles bookes of suruey feild bookes or terrors concerning thaforesaid seuerall mannors or any of them may likewise be inforced to shew them forth to your Oratour to the intent your Orator may vnderstand what lands tenements or hereditameÌ„ts are holden of the said seueral mannors or of any of them by what rents duties or seruices the said lands tenements or hereditaments are holden by whereby your Orator may according to equitie good conscience reape receiue recouer haue take the yerely reuenews issues and profits of the foresaid seuerall mannors euery of them as in lawe and right belongeth vnto him as he ought to do vntill your said Orator be satisâ—â—ed of the summe conteined in his foresaid statute staple knowledged vnto him as aforesaid w e his reasonable costs damages herein susteined to th end that al these points may be performed accordingly May it further please your good Lordship to get to your said Oratour the Qu. Ma. most gratious writs of Subpena to be directed to the foresaid Ed. Lord Mo. Baron of R. c. Commaunding them euery of theÌ„ thereby at a certaine day vnder a certaine paine personally to apeare before your good Lordship in the said ho. Court of Chancerie then and there to answere to the premisses to abide such further order direction herein as to your Ho. shal seeme good to stand with right equitie and good conscience And your said Orator shall according to his most bounden dutie euer pray for the increase and continuance of your good Lordship in health and all honour long to endure The ioint and seuerall aunsweres of T. M. H. B. c. Defendants to the bill of complaint of I. L. Complaynant THe said defendants and euery of them sauing to them and euery of Sect ' 150. them thaduantage of excepcion to the incertaintie insufficiencie of the said bill of complaint say And first the said T. More for himselfe saith That he the said T. Moore doth hath by the space of 2. yeares last past or thereabouts exercised the Office of Baylife of the mannors of H. A. and B. in the saide Bill mentioned whereof this defendant supposeth T. Lo. Esquier to be seased of some estate of inheritance and hath in his hands some rentalls of the saide mannors which this defendant thinketh he ought not to impart to the said complaynant neyther ought the said complaynant to haue the issues rents and profits of the said mannors as this defendant thinketh for that as this defendaÌ„t hath credibly heard verily beleeueth it to be true the said Ed. Lo. M. in the said bill mentioned the day of the date of the said recognizance in the said bill mentioned or at any time since was neuer seazed in his demeasne as of fee simple fee tayle or freehold of and in the said mannors of H. A. and B. or any part or parcell thereof as in the said Bill is vntrulie alledged But one T. H. was then seazed thereof who since hath conueyed the same to the said Th. Lo. as this defendant hath heard By reason whereof the said Tho. Lo. ought in this defend opinion to haue the rents issues profits thereof notwithstanding the said execution without that this defend is farmor customarie or free tenant of any part or parcell of the said mannors or other the premisses in the said bill mentioned other then of parcell of the demesnes of the said mannor of H. which this defend holdeth by lease for certain yeares yet to come rendring yerely 5. l and of the Faires of H. the profits thereof which he holdeth for diuers yeares yet to come rendring yearely 26. sÌ„ 8. d and of the sixth part of the Warren of H. which he houldeth for diuers yeares yet enduring rendring 12. shillings by yeare or thereabouts And of diuers Freeholds houlden of the mannor of H. by the rents of 20. sÌ„ or thereabouts And without that that this defendant hath in his hands any Court Rolles Rentalls or Leases concerning the premisses in the said Bill mencioned other then in this aunswere before is mencioned as in the saide Bill is vntrulie alledged And without that that this defendant hath vnlawfully confederated with any the persons in the said Bill mencioned to defeat the saide complaynant of his lawfull execucion and estate in the premisses in the said bill mencioned as in the said Bill of complaint is also vntrulie alledged And the saide Henry Blake for himselfe saith that hee hath exercised the office of steward of the said mannors of H. and B. in the said Bill mencioned and of the mannors of H. in the said Bill likewise mencioned lawfully constituted thereunto as this defendant thinketh by the said T. Lo. being seazed of some estate of inheritance of the said mannors as this defendant supposeth and that the Court Rowles and euidences concerning the saide mannors are kept in the house of the saide T. Lo. at E. in the Countie of Norffolke and are not at this defendants disposition to yeeld vp or impart to the said complaynant otherwise then as the saide T. Lo. shall appoint whereof this defendant humblie prayeth this honorable Court to haue consideration without that that this defendant in Farmor or Customarie or free tenant of any part or parcell of the said mannors or other the premisses in the saide Bill mencioned or hath in his hands any Court rowles Rentals or Leases concerning the premisses in the said Bill mencioned other then as in his aunswere before is mencioned as in the saide Bill of complaint is vntrulie surmised And without that that this defendant hath vnlawfullie confederated with any person or persons in the said Bill mencioned to defeat the said complainant of his lawfull execucion and estate
search and praisement made sell certaine of the goods of the debtors vnto the creditors in part of satisfaction of their debts with a Schedule annexed vnto the said Indenture which is likewise indented wherein are contayned the perticulers of the goods with their seuerall prices as they be prized by the Commissioners to the one part of which Indentures is put to the hands and seales of the said Commissioners and to the other of the said Indentures the hands and seales of the creditors THis Indenture made c. betweene sir R. H. Knight A. B. C. D. Sect ' 158. E. F. of the one partie and G. H. and I. K. creditors of C. A. Citizen and Merchantaylor of London on the other partie witnesseth That where our said soueraigne Lady the Queenes Maiestie that now is by her highnesse letters of Commission bearing date at Westminster the fifth day of Nouember last past before the date hereof minding the due execution of the Statute touching orders for Bankerupts in her Parliament holden at Westminster in the xiii yeare of her highnesse said Reigne made and prouided reciting that whereas her Maiestie was enfourmed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargaining and seekinig his trade of liuing by buying and selling and being a subiect borne of this her Realme of England in the said moneth of Nouember in the xv yeare of her Maiesties Raigne that is to say about the second day of the saide moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed frō his saide dwelling house absented himself to th entent to defraude hinder his creditors being also subiects borne of this her said Realme of England of their iust debts duties to them due owing so is become a Bankerupt hath assigned appointed constituted ordained the said R. H. c. her especiall Commissioners geuing full power authoritie vnto them 5. or 4. of them whereof the said Sir R. H. to be one according to the said Statute not only concerning the said Bankerupt his bodie lands freehold customarie goods debts all other things whatsoeuer but also concerning all other persons which by concealemēt claime or otherwise do or shall offend touching the premisses or any part thereof cōtrary to th entent true meaning of the said Statute to do execute according to the said Statute all euery thing things whatsoeuer as well towards for satisfaction and payment of the saide creditors as towards and for all other intents purposes according to the order prouision of the said Statute in that case prouided as by the same Commission more plainely it doth and may appeare By force and vertue of which said Statute and of the saide Commmission the saide Commissioners haue caused certaine goods Cattels wares and Merchandizes of the saide C. A. contayned and mentioned in a Schedule indented to these presents annexed to be searched viewed apprized And also haue sold deliuered and by these presents do sell deliuer to the creditors aforenamed all the said goods Cattalls Wares Merchandizes contayned and mentioned in the said Schedule indented to these presents annexed To haue and to hould the same euery part thereof to the said Creditors before named their executors administrators and assignes to their owne proper vses for euer towards the satisfaction and payment of the said Creditors that is to say to euery of the aforenamed creditors a portion rate and ratelike according to the quantitie of the debts In witnesse whereof the said parties to these Indentures interchangeablie haue set to their Seales Yeuen the day and yeare first aboue written The intituling of the Schedule mentioned in the Indēture next before written and annexed to the same Indenture IN this Schedule indented is contayned and mentioned certayne Sect. 159. goods wares Cattels Merchandize late of C. A. Merchantaylor which be sould by the Indentures whereunto this Schedule indented is annexed that is to say in his house in L. in the parish of G. in London Imprimis c. A Bill into the Chauncery against one by a prisoner in the Fleete to compell the defendant to proceede in an agreament made betwixt the plaintife and the defendant for his enlargement by the order of the Lord Chauncelor then dead To the right reuerend Father in God Nicholas Archbishop of Yorke and Lord Chauncelor of England MOst humblie complayning sheweth vnto your grace your dayly Sect. 160. and poore Orator W. M. of M. in the Countie of Chester Gent̄ now being prisoner in the Fleete at the suit of R. D. of the same Countie Esquier committed thereunto by the late reuerend Father in God the Bishop of Ely being then Lord Chauncelor of England of and vpon a Statute of 200. l which suit of the saide R. D. hath thus remayned the space of eight or nine yeares to the great miserie and vtter vndoing of your graces saide Orator And where diuers agreaments with other diuers meanes haue bene taken and made betweene the said R. D. and your saide Orator and especially the last day of May in the last yeare of our late Soueraigne Lord King Edward before Doctor Lyell Maister Dyer appointed then by the said late Lo. Chauncelor where it was agreed betweene the said R. D. your graces said Orator that your said Orator should be bound in 1000. l that he should not alienate nor sell any parcell of his lands now being in his possession or to him in reuercion And all such lands that were sold by your saide Orator that your said Orator should endeuor w e all diligence to recouer the same againe And furthermore it was agreed ordered betweene the said R. D. and your said Orator that your said Orator should put insuerties to pay vnto the saide R. D. 50. pound of lawfull money of England that is to say fiue pound yearely during tenne yeares next ensuing All which orders and agreements your Graces said Orator is contented to accomplish and fulfill Yet notwithstanding the saide ◠D. minding rather the continuance of your said Graces Orator in prison to his vndoing will neither obey the late ho. Lord Chauncelors order then made therein nor yet the agreaments heretofore made but onely doth finde delayes to prolong the time to the vtter vndoing of your Graces Orator In consideration whereof the premisses tenderly considered it may please your Grace to commaund the saide R. D. to appeare before your Grace and to take such order with him as shall seeme best to your Grace And your said Orator shall pray for your Grace long to continue A Bill into the Chauncerie by the Husband and Wife for and on the behalfe of diuers to compell executors to pay legacies wherein is shewed that they to whom the legacies be giuen haue no remedie by the ecclesiasticall lawe to compell the then executors to pay the said legacies To the
of and in the Mannors of M. W. with diuers messuages lands tenements hereditaments to the said Mannors belonging in the County of C. to the yearely value of 50. l and aboue and he being of the said Mannors and other the premisses seised died of such an estate thereof seised without issue of his body lawfully begotten After whose decease the premisses descended and of right ought to discend vnto your saide Orator as brother and next heire of the saide Peter your saide Orator then being but of tender age that is to say of the age of twelue yeares or there abouts But so it is right honorable Lord that all the Euidences Deedes Charters writings and miniments concerning the said mannors and premisses during the minoritie of your said Orator came casually to the hands possession of R. D. Esquier who by cullor of hauing of the said Euidences Deedes Charters writings and miniments hath wrongfully entred into the saide manors lands tenements and other the premisses and of the same hath made and contriued diuers and sundrie secret and false estates and conueyances to diuers persons to your saide Orator vnknowne to his owne vse to the vtter disherison of your saide Orator And albeit your saide Orator hath diuers and sundrie times required the saide R. D. as well to deliuer vnto him the said Euidences Deedes Charters writings and miniments as also peaceablie and quietly to suffer and permit him to enioy the said manors lands tenements with their appurtenances yet y◠said R. D. hath alwaies hitherto denied refused yet denieth refuseth so to do cōtrary to all right equitie good conscience And forasmuch as your Orator knoweth not the certaintie of the said euidences deeds charters writings miniments nor whether they be contained in bag or box ensealed or chest locked yea or no he is like to be without all remedy for y◠recouery of y◠same by the order due course of y◠cōmon lawe except your Lo. goodnes be vnto him shewed in this behalf In cōsideration wherof it may please your good L. to grant vnto your Orator the King and Queenes Maiesties writ of Subpena to be directed to the saide R. D. Commaunding him by the same at a certaine day and vnder a certaine paine by your Lordship to be limited personally to appeare before your good Lordship in the King and Qu. high Court of Chauncery at Westminster then and there to make aunswere to the premisses c. R. Cat. The Aunswere of the defendant to the said Bill wherein is confessed the hauing of diuers euidences concerning the lands mentioned in the said Bill and that he is readie to deliuer them to whom the Court shall order them to belong And for that the plaintifes father is yet liuing the defendant prayeth that he may be called into the Court to shew what title he hath to the said euidences and disclaymeth to haue any interest in any of the mannors c. mentioned in the Bill but an Interest he may be entituled to haue by reason of a Statute merchant he hath which was acknowledged by the complaynants father The Aunswere of R. D. Esquier to the Bill of complaynt of T. M. Gentleman THe said defendant by protestation not confessing or acknowledging Sect ' 171. any such seisin dying seised or discent as in the said Bill is alleaged for aunswere sayth that he is not nor at the time of the exhibiting of the said Bill was not Tenant of the said mannors and other the premisses sauing only such benefit interest and title as the said R. is or may be entituled to haue in or to the premisses by reason of a certaine Statute merchant or Recognizance knowledged by W. M. Esquier father of the said complaynant to Sir P. D. Knight deceased Thaduantage of exception thereof and all other benefits and interests that the said defendant hath or may haue by reason of the said Statute merchant or Recognizance knowledged by the saide W. M. Esquier father of the said complaynant as aforesaid and the execution to be sued of the same to the said defendant alwayes saued and reserued the saide defendant for all other Interests or Titles disclaimeth in the said manors lands or tenements And as to any euidences concerning the said manors lands and tenements mentioned in the said Bill except one Indenture and one other writing made by the saide W. M. and one writing made by the said complaynant The said defendant by protestation not knowing the certaintie what euidences he hath in his custodie concerning the said mannors and other the premisses for that they be in the County of Chester now farre from the said defendant for aunswere saith that the saide W. M. father to the said complaynant long time past was seised of the said Mannors lands and Tenements of an estate of inheritance in possession or in vse by discent from his Auncestors and the said Euidences came to the hands of the said Sir P. D. Knight long time past and by and after the death of the said Sir P. D. the same euidences came to the possession of the said defendant which said defendant desireth that the saide W. M. which is yet in full life may be called into this honorable Court to shewe what title he hath or claymeth to the saide euidences and the saide defendant is and shall be readie to deliuer such euidences as he hath concerning the premisses except the said Statute merchant and other writings and defeasances of the said Statute as appertaineth to the said defendant to such person or persons to whome this honorable Court shall award the same to appertayne And as to three writings before excepted the said defendant hath them here readie in this honorable Court to be deliuered to whome this honorable Court shall adiudge the same to appertayne Without that that the saide defendant hath wrongfully entered into the said Mannors lands and Tenements and of the same hath made or contriued any estates and conueyances to diuers persons in such sort as in the said Bill is vntruly alleaged And without that that any other thing materiall to be aunswered vnto other then that in this present Aunswere is confessed and auoyded is true All which matters the said defendant is ready to auerre and prooue as this honorable Court shall award and prayeth as before he hath desired And also that he may be dismissed out of this honorable Court with his reasonable costs and charges for his wrongfull vexations sustained in this behalfe Am. Gilbert A bill of complaint by I. W. and the Lady lane his Wife daughter and heire of the Lady Iane deceased against the husband and his wife for entring into a house and lands and keeping of the possession thereof for detayning of Euidences and contriuing of secret estates in the premisses To the right reuerend Father in God Stephen Bishop of Winchester Lo. Chauncellor of England IN right humble wise complayning sheweth vnto your good
diuers things with warrantie in consideracion of a rent with a clause of distresse c. 125 ✿ Of the 3. parte of a rent with warrantie 126 ✿ Of the 3. part of certaine land by these words Concesserunt reddiderunt 127 ✿ A Fine with general warrantie of an estate pur aut vie after whose death the land is to reuert to the conusor 128 ✿ Of diuers things to a PresideÌ„t schollers of a Colledge with waâ—ranty 129 ✿ With warraÌ„tie against the conusors the heires of the husband 130 ✿ Of diuers things with general warraâ—tie 131 ✿ Of the 3. part of diuers things with generall waâ—rantie 132 ✿ By the husband and the wiâ—e of diuers things with generall warrantie 133 ✿ The order of taking the knowledge of a Fine by Dedimus potestatem fol. 37. b ✿ A Fine with generall warrantie with a graunt and render to one of the conusors for 7. daies with a remainder for life to a straunger the reuercion after to the said conusor in fee. 134 ✿ By the husband and the wife of diuers things with generall warrantie 135 ✿ A Fine before the Iustices of the Common pleas at Westminster with generall warrantie 136 ✿ A Fine with warrantie against the conusor and his heires 137 ✿ The engrossement of the Fine before as it is vpon Record 138 ✿ A Fine with generall warrantie with a graunt and render for certaine termes and after to remaine ro the conusor in fee. 139 ✿ A Fine with generall warrantie with a grauÌ„t of the conusee for life the reuercion to the conusor in fee. 140 ✿ Of a Rent with generall warrantie 141 ✿ A Fine with generall warrantie in consideration of an Annuitie imposing a payne for the non payment thereof 142 ✿ A Fine of lande to holde by Knights seruice and rent with generall warrantie 143 ✿ A Fine of a mannor reciting c. with warrantie against the Conusors during c. 144 ✿ A Fine with warrantie in consideration whereof the conusee regraunts the premisses for a certaine tearme after the ende whereof the premisses are to remayne to the Conusee in fee. 145 ✿ The taking of the knowledge of the fine fol. 41. a ✿ Notes to bee obserued in fines fol. 41. a ✿ A fine of diuers things with render to the conusors for life and with diuers remainders ouer after theâ— death in generall tayle for default of issue â—o the c. 146 Adiunctes of Concordes 147 A licence of alienacion of landes holden in capite 148 A licence to alien in Mortmaine 149 A Quod permittat finem leuari 150 The writ of Ad quod damnum 151 Of a Pardon for alienacion 152 Of the Dedimus potestatem to take recognizance of a fine 153 The Dedimusâ— potestatem thereof fol. 44. a The Praecipe and Concord which mâ—st be filed to the Dedimus potestatem fol. 44. b Of the Queenes siluer 154 Obseruations necessarie at the knowledging of fines 155 How and when cognisaunces of fines must be certified and what may hinder the same 156 Of thinrollement of writtes of couenant Dedimus potestatem and knowledges thereupon which is tearmed the foote of the fine 157 Of the Note of the fine 158 Quid Iuris clamat 159 What persons may obtayne attournement by Quid Iuris clamat and what not 160 What persons bee compelable to atturne in a Quid Iuris clamat and what not 161 What pleas will barre the plaintife of atturnement 162 What processe will lie in a Quid iuris clamat 163 The manner of the writte in a Quid iuris clamat 164 The distresse in a Quid Iuris clamat fol. 49. b. Diuers formes of Entries if the parties appeare after the daie of the returâ—e fol. 49. b Atturney in Quid Iuris clamat 165 The writ of Quem redditum reddit 166 The writ of Per quaeseruiâ—ia 167 Vpon whose alienation the tenant is not compelâ—ble to atturne 168 Against whom a Per quaeseruitia lieth whom not 169 Of the ingrossing of fines 170 Of the tabling of fines ingrossed 171 How many Proclamacions are to bee made vpon fines and when 172 Of Proclamacions of fines at the assises and generall Sessions how they must be certified 173 Of the Inrolement of al the partes of fines after the ingrossing thereof proclamacions passed 174 Of the Exemplification of the partes of fines inrolled 175 How Fines executory bee executed 176 The manner of execucion of fines by writte 177 Of exccucion of Fines by Scire facias 178 Certayne cases of the nature and forme of a Scire facias vpon a fine 179 What fines with proclamacions barre the issue in tayle 180 What time after a fine leuied and Proclamacion made any man hath to enter or clayme by action or otherwise and who are thereby barred and who not 181 How priuies in blood are bounde in fines 182 Of Estraungers hauing present right and no impediment 183 Of Estraungers hauing present right and impediments 184 Of Estraungers hauing diuers defectes 185 Of Estraungers without impediments haue future right for cause precedent 186 Of Estraungers with impediment hauing future right 187 Of Estraungers hauing no right before the Fine 188 Of EstraÌ„gers hauing diuers future rights by diuerse titles 189 Estrangers to fines hauing neyther preseÌ„t nor future right to the tenements in the fine at the leuying therof but onely vnto rents common c. issuing out of the same 190 Pleas to auoid Fines 191 Of a writ of Error 192 Of a Certiorari 193 A Mittimus of the transcript of a fine out of the Chauncerie into the Common place 194 A Mittimus 195 A Mittimus for the foote of a fine fol. 72. b Whether any but he which reuerseth a fine may take benefit thereby 196 A writte of Warrantia chartae 197 Recoueries OF Recoueries for assurances commonly called Common or feigned Recoueries Sect. 1 Of what thinges writtes of Entre may be brought and by what names 2 Of what things a writ of Entre lieth not 3 A Certiorari to the Executor of the Iustice before whom the warrants were acknowledged 4 A recouery with single voucher 5 A recouery with double voucher 6 A recouery with treble voucher 7 A recouery of an Aduowson 8 All the partes of a recouerie in a writ of Right de Praecipe in capite exemplified 9 Remissio Curiae in breui de Recto 10 The Exemplification of a recouerie inrolled according to the Statute of 23. Eliz. cap. 3. 11 Perdon alienÌ„ super teâ—â— per breue de ingressu recuperatÌ„ 12 Exemplificacion of a recouerie with double voucher out of the Prothonataries office 13 An other of the like effect 14 A Dedimus potestateÌ„ to take knowledge of a warrant of Atturney of the vouchee 15 The manner of the returne fol. 83. a A Dedimus potestatem de attornatÌ„ rec in breui de ingressu super disseisinam in â—e post pro tenenâ— 16 The manner of the Returne fol. 83. a Aliud
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
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
would trust him therewith that then within short space after he would truely make payment aswell of the hundred pounds as also of the said two hundred poundes vpon which earnest intreatie the said C. D. being a man of a verie good nature and easily led by such as he any way conceaued or thought well of was contented to satisfie his request But yet forasmuch as the said A. B. had before that time taken but small regard concerning the keeping of his dayes vpon the single obligation aforesaid the said C. D. then thinking to deale more substancially with him then before demaunded a recognizance for the said summe of an hundred poundes so then to be lent without which he was vtterly vnwilling to trust him any further Whereunto the said A. B. assented and became bound accordingly in a Recognizance of two hundred markes with condition for the true payment of an hundred pounds which is the recognizance in the saide bill of complaint mencioned For discharge of which recognizance the said A. B. tooke no greater regard then before he had done for payment of the said single Obligation And therefore the said C. D. at the last three yeares at the least being then past after the forfaiture of the said Recognizance perceiuing the carelesnesse of the said A. B. asked aduise of some of his friends what course he were best to take for the obtayning of the saide seuerall summes of money By whom he was aduised to put the saide Recognizance rather then the Obligation aforesayd in suit aswell for speedy end of suit in the same as also that thereby it was thought the saide A. B. would the rather seeke meanes to make satisfaction aswell of the one debt as of the other But he meaning nothing lesse nor regarding the saide suit suffered the same to proceede till some parcell of his lande was extended and so the saide C. D. was faine after three yeares forbearance of the said summe of one hundred poundes as aforesaid and after he had spend more then twentie poundes in suites and rewardes in obteyning the says extent to accept onely twentie markes by the yeare till the sayd two hundred markes being the principall and penaltie were payed vnto hym so that the forbearance of the saide summe accompted together wyth the charges in suit great losse of time in following the same and rewardes gyuen to Shirifes and Baylifes or euer any the saide landes might be extended The saide C. D. sustayned so great losse as by the circumstances of that which before hath been shewed doth euidently approue that he was vtterly discouraged to attempt any more suits against the saide A. B. but rested still in hope that at one time or other he should obtaine meanes in quiet sort without suit in lawe to get satisfaction also of the said summe of c. which hath bin the reason onely why the sayde E. D. did not put the sayd Obligation in suit so long time without that that to the knowledge of this Defendant there was euer any defeasans made vpon the said Obligation or that any such defeasans by casuall meanes is come into the hands of this Defendant as in the said Bill is vntruely alleaged And without that that the said A. B. by himselfe or his officers as by the premisses manifestly appeareth did make payment of the said debt or any part thereof which the said defendant is the rather throughly perswaded of as well because she was well acquainted with the dealings of her said husband as also because at the time of the debts of her said husband he lying in extremity called this defendant vnto him and said that he had carefully gathered together sundry bonds and Obligations which at sundry times had beene made vnto him for diuers summes of money and yet in trueth they were paied and discharged and those bondes and Obligations he had put in a boxe by themselues and named them Billes which Obligations he willed this defendant to cancell or deliuer to such persons as were the Obligors and in any wise not to demaunde any debt vpon any of them And further he also openly said that all the residue of the bonds and Obligations remaining in other boxes which he then also named were due and owing vnto him In the which of the said boxes the said Obligation of 200. li. was found neither is it to be thought that any officer of the said A. B. would deale so lightly as to paye the money due vpon the said Obligation beeing but single and without penalty without either acquittance or the bond it selfe redeliuered or cancelled Or that the said A. B. himselfe would haue allowed of any such payment vpon any his officers accompts And without that that the said A. B. did at any time allow any maner of consideration for the forbearaunce of any summe of money due by him to the said C. D. as also is vntruely alleaged And without that that the said C. D. did put the same Recognisaunce in suite presently after the forfeiture thereof for the same was forborne three yeares after as is before declared And without that that it is likely that the saide C. D. did acknowledge himselfe satisfied of all those seuerall summes of twenty markes which should make vp the two hundred markes vpon the extend aforesaid when as he had recouered the whole debts due to him by the said A. B. but onely without that that the said A. B. to the knowledge of this defendant did signifie by his letters his displeasure towardes the sayde C. D. as also is vntruely set downe And without that that any other thing materiall in the lawe c. As in the other To cause one to shew his Lease whereby he holdeth c. MOst humbly complayning c. A. B. of c. gentleman That Sect. 133. whereas about fower yeares last past one C. D. of L. vpon a certaine iudgement in a plea of debt amounting to the summe of c. or there abouts by him obteyned in her Maiesties court of common plees against one L. F. of c. in the Countie of c. sued forth her Maiesties writ of Fieri facias directed to the Shirife of the said Countie for the leuying of the said debt of the goods and chattels of the said E. F. By vertue of which writ the Shirife did amongst other things take into his hands one lease for diuers yeares yet induring made to the said E. F. by one T. S. in the Countie of S. esquier of three parcels of land called and knowen by the name or names of c. with all and singuler their appurtenances lying and being in the parishes of c. in the said Countie of c. together with all and singuler woods vnderwoods and trees set lying being and growing in or vpon the premisses or any part thereof together also with the reuersion and reuersions of the premisses aforesaid and euery parcell thereof And also all maner of common aswell of
estouers and pastures as all other commons pastures profites and hereditaments whatsoeuer to the said premisses belonging or in any wise appertayning And afterwards the said Shirife that is to say vpon the third day of May c. by his deede bearing date vnder his hand and seale did in consideration of c. to him paied towards the satisfaction of the debt and iudgement aforesaid bargaine sell assigne and set ouer the said lease and terme of yeares yet to come of all and singuler the premisses vnto one G. H. of L. genâ— which G. H. not long after did in consideration of c. by your Orator to him paied bargaine sell assigne and set ouer vnto your said Orator all and singuler the premisses and euery part thereof Vpon which bargain and assignement of the premisses so made as aforesaid your said Orator was in verie good hope to haue peaceably and quietly entred into the premisses and so to haue occupied and inioyed the same accordingly Neuerthelesse so it is right Honorable that one R. T. of c. in the saiâ— Countie of L. pretending to haue a lease for diuers yeres yet to come of some part of the said lands called c. made vnto him by the aforesaid E. F. long time before any assignements aforesaid hath and yet doth keepe your said Orator from the possession of the said lands vpon which lease or demise a certaine yerely rent is as he saith reserued to the said E. F. his executors or assignes which as your Orator verily thinketh is c. by the yeare and which rent whatsoeuer it be your Orator by reason of the lawfull conueyance to him made as aforesaid ought both in law and conscience to haue and inioy during such terme as the said R. T. shall hold and occupie the land aforesaid by reason of the said lease which he so pretendeth to haue But because your Orator doth not certainely knowe whether the said R. T. haue any such lease neither if he haue what date it beareth what terme the said R. hath therein vnexpired what rent thereby is reserued nor what couenants are therein conteined as also your Orator can not nor knoweth not how in due forme of law to enter or commence any action against the said R. T. either for the recouerie of the said land or rent aforesaid which the said R. T. right wâ—ll knowing being a man of little or no conscience but destitute of the feare of God thinking all things well-gotten which he may get and hould without the punishment of the law doth not onely vse the said land to his great profit and commoditie without yelding or paying therefore any rent ot your Orator or any other person lawfully clayming the same but also doth vtterly refuse to shewe his said Lease whereby he claymeth to hold the lands aforesaid vnto your said Orator to the great losse and hinderance of your Lordships said Orator In tender consideration whereof and for asmuch as your Orator hath no ordinarie way by the course of the common Lawes of this Realme to enforce the said R. T. to shew forth such writings as he hath for the holding and inioying of the lands aforesaid but is and shall be vtterly destitute of all maner of helpe or meanes to obtaine the same to his great hinderance and impouerishment except your honorable Lordship of your accustomed clemencie towards all such as are oppressed do extend your fauour in yâ— behalfe so that by the order of this honorable Court the said R. T. be inforced vpon his oath to shew what right he hath to the premisses or any part thereof and likewise to set downe in his answere the true copie of the said lease verbatim or other writings whatsoeuer they he whereby he claymeth the premisses or any part of the same May it therefore please your good Lordship c. The Answere THe said defendant not knowledging or confessing the matters Sect. 134. suggested in the said bill of complaint to be true for his answere touching the same saith That the said E. F. named in the said bill of complaint was possessed for diuers yeares yet to come and induring of the said three parcels of land called or knowen by the name of c. mencioned in the saide bill of complaint by vertue of a lease thereof made by the said T. S. also named in the said bill of complaint vnto the said E. F. long before the supposed extent specified in the said bill of complaint And the said E. F. so being thereof possessed long before the said supposed extent if any such were had in such manner as in the said bill of complaynt is supposed made a lawfull demise and lease of part of the said three parcels of land conteyning fowerteene acres or thereabouts vnto the said defendant for diuers yeares yet to come and remayning vnexpired vpon which lease the said E. F. reserued a yerely rent to be paied during the continuance of the said lease By force of which lease the said defendant entered into the said fowerteene acres of land part of the said three parcels called c. and was and yet is lawfully possessed accordingly And euer since and yet doth inioy the said fowerteene acres by vertue of the said d◠〈◊〉 and lease made by the said E. F. to the said defendant and is to haue and inioy the same during the continuance of the yeares of which there are diuers yeares yet to come and remayning vnexpired And the said defendant sayeth that yâ— said complaynant is a man to this defendant vtterly vnknowen And therefore the said defendant marueyleth much of the said suit exhibited by the said complaynant into this honorable court against the said defendant touching the said premisses And further saieth that the said E. F. after the said demise and lease by him made vnto the said defendant of the said fowerteene acres of land and before the said supposed extent if any such be made a graunt and assignement of the interest and terme of the said E. F. aswell of the said fowerteene acres which the said defendant hath and occupieth by vertue of his said lease for diuers yeares yet thereof to come and coutinuing vndetermined as also of the residue of the said three parcels of land mencioned in the said bill of complaint vnto R. F. the sonne of the said E. F. vnto which graunt and assignement the said defendant was priuy And therefore the saide defendant thinketh that he is for the payment of his rent chargeable and ought by the Law to pay the same rent reserued vnto the saide R. F. and not to the saide complaynant which saide R. doth verily thinke that he is lawfull Landlord during the continuance of his yeres yet to come and induring and not the said complaynant who is altogether a meere stranger vnto this defendant And which complaynant neuer at any time heretofore demaunded any rent for the said part of the lands that this defendant hath and