but harmeth and anoyeth it and maketh either the body or the state and condition thereof worse Hurts to the bodie of the common wealth as treasons ANd through certaine offences is hurt to the common wealth immediatly Sect. 63. and alwaies or the members thereof The common wealth is hurt eyther in respect of the amplitude and maiestie thereof or of the profite and commoditie thereof which is hindered or intercepted When the Amplitude and maiestie thereof is harmed the offence is called treason And these treasons be high treason or petie treason High treason is when th offence is done against the securitie of the common wealth or of the Queenes most excellent Maiestie who is the true and vndoubted Soueraigne and chiefe head thereof whether it be by imagination word or deed as to compasse or imagine Treason or the death of the Prince or of the Queene his wife or his Sonne and heire apparant or to deflower the Kinges wife or his eldest daughter vnmarried or his eldest sonnes wife or leuie warre against the King in his Realme or to adhere to his enimies ayding them or to counterfeit the Kings great seale priuy seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of Englād and vtter the same Or to kill the Kinges Chauncellor Treasurer Iustice of th one bench or of the other Iustices in Eire Iustices of Assise Iustices of Oyer and Terminer being in his place and doing of his Office 25. Ed. 3. cap. 2. Forging of the kings signe Manuell or priuie signet priuie seale or forraine coyne currant within this Realme 2. Mar. cap. 6. Diminishing or impayring of money currant 2. Eliz. cap. 11. 18. Eliz. cap. 1. The second offence in refusing the oath of supremacie 5. Eliz. cap. 1. Or the compassing to depriue the Q. of her crowne 1. Eliz. cap. 6. Or to destroy the Queene 1. Eliz. cap. 6. Or to leuie warre within the realme against the Queene 1. El. ca. 6. Or to affirme that the Queene or the heires of her body is not or ought not to be Queene of England or that any other ought 1. Eliz cap. 6. Or intending the bodily harme of the Q. 13. Eliz. cap. 1. Or to leuie warre against the Queene 13. Eliz. cap. 1. Or to moue forreine inuasions of this Realme 13. Eliz. cap. 1. Or to declare that the Queene is not Queene 13. Eliz. cap. 1. Or to declare that any other ought c. 13. Eliz. cap. 1. Or to affirme the Q. to he an Heretike Scismatike tyrant infidel or vsurpor of the crowne 13. Eliz. cap. 1. Or to claime the crowne after the Queene 13. Eliz. cap. 1. Or to affirme that the common Lawes or statutes cannot binde the right of the crowne 13. Eliz. cap. 1. Or to maintaine the aucthority of the Bishop of Rome 5. Elizab. cap. 1. Or to obtaine any Bull from Rome 13. Eliz. cap. 2. Or to giue take or promise absolution thereby 13. Eliz. cap. 2. Or to conspire to enlarge any imprisoned by the Queenes commaundement for treason touching her person or suspition thereof 14. Eliz. cap. 2. Or to withhold any of the Queenes Castels or holdes 14. Eliz. cap. 1. Or any of her ships or ordinance of warre 14. Eliz. cap. 1. Or not to render the same Castels within sixe daies after proclamation 14. Eliz. cap. 1. Or to destroy any of the Queenes ships 14. Eliz. cap. 1. Or to barre any of the Queenes hauens 14 Eliz. cap. 1. Or to perswade any subiect from naturall obedience or Religiō or to the obedience of any other or to be so perswaded 23. Eliz. cap. 1. Or for Iesuits to come into or be in this Realme 27. El. ca. 2. Or to be a Seminarie and not returne into this Religion within in sixe moneths after proclamation and take the oth of allegeance 27. Eliz. cap. 2. It is also to be noted that al maner of accessaries to the seueral treaons aboue mentioned are guilty of high treason Or of misprision of treason which is the concealment or not disclosing of knowen treason for which thoffendors are to suffer imprisonment during the Queenes pleasure loose their goods and the profite of their lands during their liues 2. R. 3. fol. 9. Offences hindering the commoditie of the common wealth NOw succeed thoffences which hinder the commoditie of the cōmon Sect. 64. wealth The profite of the common wealth is hindered diuers waies as by forestalling engrossing regrating by idlenesse of apprētices artificers and seruants decaying of the breede of beastes destroying of fish by cōspiracies of artificers and chapmen by not destroying of vermin as Foxes Bawsons Crowes Choughes c. Or by making or vttering any stuffe victuals or wares deceitfull corrupt or insufficient by not obseruing due weights measures or by transporting of things needfull in England as rawe hides tallow wooll lead corne or graine by erecting of cotages and breeding of exceeding many poore people and by sundry other meanes as plainly appeareth by sundry statutes and ordinances made for reformation therof Of all which particularly to discourse would occupie more time then I haue now determined to bestow about the same Forestalling is the buying or bargayning for any victuals or wares comming to be sold towards any faire or market Or from beyond the seas towards any citie port hauen creeke or rode of this Realme and before the same be there Or the mouing of any person to enhaunce the price of the same victuals or wares or the disswading to bring it thither to be sold 5. Ed. 6. cap. 14. 5. Eliz. cap. 12. 13. Eliz. cap. 25. Regrating is the buying and selling of any wares or victuals in the same market or faire or within foure miles thereof 5. Edw. 6. cap. 14. 5. El. ca. 12. 13. Eliz. cap. 25. Engrossing is buying of Corne growing or dead victuall to sell againe except barly or malt Oates for Oatmeale and victuals to retaile badging by licence and buying of Oyles Spices and victuals other then fish and salt 5. Edw. 6. cap. 14. 5. Eliz. cap. 14. 13. Eliz. cap. 25. Offences against Subiects IN these fewe haue we touched such offences as immediatly and alwaies Sect. 65. are committed against the common wealth it selfe now will we intreat of those which alwaies for the most part are perpetrated violently against the inferiour members of the same that is to say either priuate men themselues or their goods which are effected partly by force and partly without force Force is an offence by which violence is vsed to thinges or persons And force is either simple or mixt Simple force is that which is so committed that it hath none other crime adioyned vnto it As if one by force onely entreth into another mans possession without doing any other vnlawfull act there Mixt force is that violence which is committed with such a fact as of it selfe onely is criminall as if any by force enter into
festorum praedictorum post decessum praedict ' R. ✿ Et si contingat praedict ' annuitÌ„ siue annual ' redditÌ„ quinque libtÌ„ aretro fore c. Concess etiam praedict ' H. et C. praefatÌ„ C. C. et D. tam reuersionem tenementorum cum pertinentijs quam praedict ' redditÌ„ v. librÌ„ superinde reseruatÌ„ Et ill ' â—is reddiderunt in eadem curia Habendum tenendum percipiend ' praedict ' reuersionÌ„ tenementorum praedictorum cum pertinentijs redditum praedictum praefatÌ„ C. C. et H. haeredibus ipsius D. imperpetuum I. R. being tenant in generall taile in possession the reuercioÌ„ in fee to C. and T. the same C. and T. by fine graunt the lande to M. and E. and the said M. and E. render the same againe to the said T. Habendum from a certaine feast next after the death of the said I. without heire of his bodie for the terme of 1500. yeares reseruing i d' rent and after the end of the terme to P. T. one of the sonnes of the said T. for euer EborÌ„ ss PRaecipe c. C. N. et T. T. quod tenÌ„ M. B. et E. D. conuenc ' Sect. 65. c. de c. Et nisi c. ¶ Et est c. quod cum I. R. habet tenet sibi haered ' de corpore suo legitime procreatÌ„ tenâ—mentÌ„ pÌ„d ' cum pertinÌ„ remanÌ„ inde post decessum ipsius I. si idem I. obierit sine haerede de corpore suo legitime procreatÌ„ praefatÌ„ C. haeredibus suis spectanÌ„ ijdem C. T. concesserÌ„ tenÌ„ta praedict ' cum pertinenÌ„ praedict ' M. E. haered ' M. imperpetuum ✿ Tenend ' c. Et praedict ' C. haered ' sui warrantÌ„ praef M. et E. haered ' ipsius M. tenementÌ„ praedict ' cum pertinentijs sicut praedictum est contra omnes homines imperpetuum ✿ Et pro hac concessione redditionÌ„ warrantÌ„ fine concord ' ijdem M. E. concesseâ— praedict ' T. tenementÌ„ praedict ' cum pertinenÌ„ Et ill ' eâ— redd c. ✿ Habend ' c. eidem T. assignÌ„ suis a festo S. Martini in hyeme prox post decessum praedict ' I. si idem I. obierit sine haerede de corpore sâ—o legitime procreatÌ„ vsque finem termini pro termino mille quingentÌ„ annorum extunc proximÌ„ sequenÌ„ plenarie complend ' absque impetitione alicuius vasti ✿ Reddend ' inde annuatim praefatÌ„ M. et E. et haered ' ipsius M. vnum denarÌ„ ad festum c. annuatim soluend ' toto termino praedict ' si petatur Et post teâ—â—inum illum finitum praedict ' tenementa cum pertinÌ„ integre remanÌ„ P. T. vni filiorum praedict ' T. eâ— haered ' ipsius P. imperpetuum c. vt supra A lease of a messuage by fine for yeares to beginne at a time to come with a clause of distres North. ss PRaecipe A. B. E. vxori eius quod tenÌ„ C. D. conuent ' Sect. 66. c. de vno mesuag ' c. ¶ Et est concordia talis scilicet quod praedict ' A. B. E. concess tenementÌ„ praedict ' cum pertinentijs praefatÌ„ C. D. et assignatis suis Et illa in eadem curÌ„ praef C. D. reddiderÌ„ Habendum tenend ' eidem C. D. a festo Pentec ' quod erit in annâ— domini 1597. vsque finem termini viginti vnius annorum extunc proximÌ„ sequenÌ„ plenarÌ„ compleno ' Reddend ' inde annâ—â—tim praef A. B. E. et haered ' ipsius E. septem librÌ„ legalis monetae c. ad festa S. Martinâ— Episcopi in hyeme N. A. P. aequis porcionibus annuatim durante termino praedict ' soluend ' Et pro hac c. A lease of one messuage c. to diuerse for ninetie years if the lessee his wife and 2. others liue so long reseruing a Rent and the best Beast after the death of euery tenant in name of an Heriot with a clause of distres for the same Rent and Heriot and after graunteth the reuercion to the lessor and his wife in fee. Lond. ss PRaecipe I. R. armig ' M. vxori eius T. B. quod tenÌ„ Sect. 67. R. C. V. C. conuenc ' de vno mesuagio c. ¶ Et est concordia talis scilicet quod praedict ' I. M. et T. recognÌ„ tenementa praedict ' cum pertinenÌ„ esse ius ipsius V. vt ill ' c. cum relaxatione et warrantia Et pro hac c. ijdem R. et V. concesserÌ„ praefatÌ„ T. B. praedictÌ„ tenementa cum pertinÌ„ Et ill ' ei reddiderunt in eadem curia Habend ' tenenduÌ„ eidem T. et assignÌ„ fuis a festo Natalis domiâ—i proximÌ„ futurÌ„ vsque ad finem termini nonaginta annoruÌ„ tunc proximÌ„ sequenÌ„ et plenatie complend ' si ijdeÌ„ T. et I. vxor eius B. B. et T. B. filij ipsius T. tam diu vixerint aut eorum aliquis tam diu vixerit ✿ Reddend ' inde annuatim pÌ„dict R. et V. et haered ' ipsius V. quatuor librÌ„ legalis monetae Angliae ad festa Annunciationis beatae Mariae virginis NatiuitÌ„ Sancti Ioh. Bapt. S. Michaelis archang et Natiuitatis dnÌ„i per aequales porciones annuatim soluend ' toto termino praedict ' ac soluenÄ‘ post decessum T. B. patris et post decessum cuiuslibet inde teneÌ„tis suum optimuÌ„ animal nomine heriotÌ„ ✿ Et si contingat praedictÌ„ redditÌ„ iiij li. aretro fore in parte vel in toto post aliquod festum festoruÌ„ pÌ„dictorÌ„ quo vt pÌ„fertur solui debeat non solutÌ„ aut si contingat pÌ„dictÌ„ optimuÌ„ animal nomine heriotÌ„ vt praefertur soluend post decessum cuiuslibet tenentium praemissorÌ„ fore insolutÌ„ aut subtract ✿ Quod tunc bene licebit praedict R. et V. et haered ipsius R. in praed ' tenementa cum pertinentijs intrare et distring ere districtionesque sic ibidem captÌ„ et habitas licite abducere asportare et effugare ac penes se retinere quousque de praedict ' redditÌ„ iiij li. et arreragijs eiusdem si quae fuerint vna cum optimo animali praedict ' quando contigeret plenarie fuerint satisfactÌ„ et persolutÌ„ ✿ ConcesserÌ„ etiam praedict ' R. et V. praedict ' I. et M. reuersionem tenemeÌ„torÌ„ praedictorÌ„ cum pertinentijs praedictÌ„ redditÌ„ iiij li. ac praedictÌ„ redditÌ„ optimi animalis nomine haeriotti superius reseruatÌ„ Et ille eis reddiderÌ„ in eadem curia Habendum tenend ' eâ—sdeÌ„ I. M. haered ' ipsius I. et M. haered ' ipsius I. de capital ' dominis feod ' ill ' imperpetuum c. A lease for yeares to one of the Conusors of one messuage c. reseruing Rent with a Nomine pene and a distresse for the rent and paine with a graunt of the reuercion to one of the Conusors and his wife in
C. W. R. T. P. L tota vita ipsius E. praedict ' I. haered ' sui warrantÌ„ praedictis T. C. W. R. T. P. L. pÌ„dicta maneria tenementa redd ' cum pertinÌ„ si cut dictum est contra omnes homines durantÌ„ vita praedict ' E. c. A Fine of messuages cottages land medow pasture wood heaâ—he linge rent of a Parsonage of the aduowson of a Church HEC est finalis concordia facta in Curia dnÌ„ae Reginae apud W. a Sect. 73. die P. in quindecim dies Anno regni Elizab. dei gratia A. F. H. Reginae fidei defensoris c. a conquestu vicesâ—mo quarto coram E. A. T. M. F. W. W. P. Iustic ' alijs dominae Reg. fidelibus tunc ibi praesentibus inter I. B. genÌ„ R. C. generof quaerentÌ„ R. C. senioreÌ„ armigerÌ„ R. C. de Graies Inne in comitatu Midd ' generos deforc ' de centum messuagijs centum cotagijs duobus millibus acrÌ„ terrae mille acrÌ„ prati duobus millibus acrÌ„ pasturae centum acrÌ„ bosci mille acrÌ„ iampnorum bruerae centum solidis redditÌ„ cum pertinÌ„ in c. Necnon de Rectoria de K. cum ptinentijs Ac de aduocatione Ecclesiae de K. vnde placitum conuenc ' summÌ„ fuit inter eos in eadeÌ„ curia scilicet qÄ‘ pÌ„dict ' R. R. recognouerunt praedicta tenementa redditus rectoriaÌ„ cum ê‘tinentijs ac aduocationem pÌ„dictam esse ius ipsius I. vt illa quae ijdem I. et R habent de dono praedictorÌ„ R. et R. Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de ipsis R. haeredibus suis pÌ„dict ' I. et R. et haered ipsius I. imperpetuum ✿ Et praeterea ijdem R. et R. coÌ„cesserunt pro se haeredibus ipsius R. C. senioris quod ipsi warrantÌ„ praedictis I. et R. et haeredibus ipsius I. pÌ„dict ' tenÌ„ta redditÌ„ et rectoriaÌ„ cum ê‘tinenÌ„ ac aduocationem pÌ„dict ' coÌ„tra pÌ„dict ' R. R. haered ' ipsius R. C. â—enioris imê‘petuuÌ„ ✿ Et pro hac recognÌ„ remissione quietÌ„ clamac ' warrantÌ„ fine concordia ijdeÌ„ I. et R. dederunt pÌ„d ' R. et R. duo mille librÌ„ sterlingorum A Fine by the husband and his wife of the lands of the wife with graunt and render of the 4. parte of 2. messuages 4. tofts two gardens two orchards 200. acres of land 20. acres of medow 40. acres of pasture 12. acres of wood and 100. acres of moore in 4. partes deuided the Conusors do grauÌ„t the same againe to the Conusees for their liues without impeachmeÌ„t of wast and after their deaths to one of their sonnes in generall taile for default of such issue then to one other of the conusees sonnes in general taile for default of such issue then to the 3. sonne of the conusees in generall taile and for default of such issue to the right heires of the wife of the Conusor for euer HEC est finalis coÌ„cordia facta in CurÌ„ dominae Reg. apud WestmÌ„ Sect. 74. in Octab sancti Mich. Anno â—egni Eliz. dei gratia Angl ' Franciae HibernÌ„ ReginÌ„ fidei defens c. a coÌ„questu xxxvj coraÌ„ R. A. T. W. R. W. T. L. Iustic ' et alijs dnÌ„ae Reginae fidelibus tunc ibidem praesentibus inter G. I. et W. W. querÌ„ et I. C. I. vxorem deforc ' de quarta parte 2. messuagiorum 4. toftorÌ„ 2. gardinorÌ„ 2. pomarÌ„ ducentÌ„ acrÌ„ terrâ— 20. acrÌ„ prati 40. acrÌ„ pasturae 12. acrÌ„ bosci 100 acrarÌ„ more cum pertinenÌ„ in G. L. in quatuor partes diuis vnde placituÌ„ conuentionis summÌ„ fuit inter eos in eadeÌ„ Curia scilicet quod praedict ' I. I. recognÌ„ praedictaÌ„ quartam parteÌ„ cum ê‘tinÌ„ esse iusipsius G. vt illam quam ijdeÌ„ G. W. habent de dono praedict ' I. I. Et illam remis quietÌ„ clamÌ„ de ipsis I. I. haered ' ipsius I. praedict ' G. W. haered ' ipsius G. imperpetuum Et praeterea ijdem Io. Ia. concesserunt pro se hered ' ipsius la qd ' ipsi warrantÌ„ praedict ' G. W. haered ' ipsius G. praedict ' quartam partem cum pertinÌ„ contra pÌ„dictÌ„ I. I. hered ' ipsius â—a imperpetuum ✿ Et pro hac recognÌ„ c. ijdem G. W concesserunt pÌ„dict ' I. I. pÌ„dict ' quartam ê‘tem cum pertinentijs Et ill ' eis reddiderÌ„ in eadem curÌ„ Habend ' tenend ' eisdem I. I. de capitalibus dnÌ„is feodi illius per seruitia quae ad pÌ„dict ' quartam parteÌ„ pertment tota vita ipsorum I. I. eorum alterius diutius viuentÌ„ absque impetitione alicuius vasti Et post decessum ipsorum I. et I. praedict ' quarta pars cum pertinentijs integre remanÌ„ B. C. filio praedictorum I. I. haered ' de corpore ipsius B. legitime procreatÌ„ Tenend ' de capitalibus dnÌ„is feodi illius c. imperpetuum ✿ Et si contingat quod idem B. obierit sine haered ' de corpore suo legitime procreatÌ„ tunc post decessum ipsius B. pÌ„dict ' quarta pars cum pertinenÌ„ integre remanÌ„ P. C. al' fil' praedict ' I. I. haered ' de corpore c. Tenend ' de capitalib ' c. imperpetuum ✿ Et si contingat qd ' ideÌ„ P. obierit c. tunc post decessum ipsius P. pÌ„d ' quarta pars integre remanÌ„ R. C. al' fil' pÌ„dictorÌ„ I. I. haered ' de corpore c. Tenend ' de capitalibus c. imperpetuum Et si contingat qÄ‘ idem R. obierit c. tunc post decessum ipsius R. praedict ' quarta pars cum pertinÌ„ integre remanÌ„ rectis haered ' praedict ' Ia. Tenend ' de capitalibus dnÌ„is feodiillius per seruitia quae ad praedict ' quartam partem pertinent imperpetuum c. A fine of one messuage and of a 3. parte of 4. messuages in 3. partes deuided part in possession and part in reuersion of a third part for terme of the life of the tenant in Dower and for terme of the life of an other tenant for terme of life EborÌ„ ss PRaecipe I. W. A. vxori eius quod iuste c. tenÌ„ I. E. Sect. 75. E. E. conuenc ' de vno messuag ' c. necnon de tertia parte in tres partes diuidend ' quatuor messuag ' cum pertinenÌ„ c. ¶ Et est coÌ„cordia talis scilicet quod pÌ„dict ' I. et A. recognÌ„ tenementa praedicta ac tertiam partem praedict ' cum pertinentijs eâ—â—e iâ—s ipsius I. de quibus ijdem I. E. et E. E. habeant vnâ—m mess cum pertinÌ„ in praedictis vill ' de T. B. parcell ' tenementorum praedictorum ac praedict ' tertiam partem quatuor
the moderation of extremitie Diuers CurÌ„ 105. Nam ipse etiam leges cupiunt vt iure regantur id est vt leui facili ac benigna interpretatione temperentur vereque dicitur Nullus recedat a Cancellaria sine remedio 4. H. 7. 4. Of Conscience THis Conscience is defined Reliqua in hominerationis scintilla bonorum Sect ' 13. malorumque facinorum index Iudex igitur bipertita ea approbatio scilicet opprobatio illa in bene hec in secus factis Iustus Lipsus lib. ciuilis doctrina cap. 5. or thus Conscientia est taâ—itum animi infallibileque facti nostri iudicium a communi Iustitiae formula quam Deus insculpsit omnibus hominibus productum per quod aut accusatur res mala aut defendiâ— bona Oldendorpius Corasius in Miscel lib. 4. cap. 20. Conscience is an actuall applying of knowledge to some particuler act of man as Saint Germain saith Doct. and Stu. cap. 15. And Synderesis which is termed a natural power of the Soule perswading good and disswading euil D. S. lib. 1. cap. 13. is nothing els but attenta obseruationis occasio cuÌ„ oâ—bus circumstantijs eius Theucid lib. 7. and ministreth the general principles of that knowledge Vere igitur diâ—itur conscientiam veraÌ„ nisi adhibeat Iudex non potest causam secundum equitatem definire simille testes totidemque videat ob oculos instrumenta Conscientia enim cum mille testium vim obtineat certa est non fallitur At in probationibus saepe vel error vel dolus versatur sicut experientia heu nimis frequens nos docet Oldend Of Iudgements in Chauncerie SO great is the power iurisdiction and maiestie of this court that Sect. 14. Iudgements therein giuen are not to be controlled or reuersed in any other Court then the high Court of Parliament which is the chiefest of all other Courts in this Realme Diuers Cur. 105. 37. H. 6. 14. Of the power ordinarie of the Chauncerie ANd this Court is armed with twofold power that is to say with Sect. 15. power ordinarie and absolute 9. E. 4. 15. By ordinary power the Lord Chauncelor proceedeth as at the common Law as in proceeding vpon Recognizances there knowledged and trauerses of offices in which parties are to plead and ioyne issue as at common Law And so in suit against or for Clerkes of the Chauncerie and other persons priuiledged by Attachment there for matter of action remediable by the common Law c. But when they be at issue the Record must be transmitted into the K. Bench to be tried by Iurie And when it is so tried it must be remaunded into the Chauncerie that iudgement may be there giuen and execution had vpon the same 24. E. 3. 45. 14. E. 4. 7. 8. E. 4. 6. Of the power absolute of the Chauncerie THe absolute power is not tied to the rules of the common Law Sect. 16. but by that matters may be examined omnibus vijs modis quibus rei veritas melius sciri poterit iudged secundum allegata probata and not by Iurie of twelue men as at the common Law But by examination of witnesses as in the courtes of the Ciuill Law Smithus de Rep. Angl. lib. 2. cap. 12. Diuers Cur. 106. 9. E. 4. 15. Neither is such precise forme of pleading vsed in the ChauÌ„cerie as at the common Law nor any aduaÌ„tage to be taken for mispleading or want of forme so as the substance of the matter be sufficiently disclosed in conscience Diuers Cur. 106. 9. E. 4. 15. 24. E. 3. 45. 14. E. 4. 7. Diuers other speciall aucthorities and priuiledges hath the Lord Chauncelor by sundrie Statutes as thereby appeareth And partition made in the Chauncery rendring rent is good and may well be sent into the Kings Bench and execution thereupon made by Scire facias â—7 H. 6. 43. li. Ass 32. And if lands be recouered from a woman whereof she was endowed in the ChauÌ„cerie she may haue a Scire facias there to be newly endowed 29. Ass 23. Of a Subpena ANd seeing the ordinarie meanes to call and bring in the parties to Sect. 17. aunswere in this Court is eyther by the Serieant of the Mace as before or by Subpena which onely is thoriginall processe of this court and must be directed to the parties D. St. lib. 1. cap. 17. Smith de Rep. Ang. lib. 2. cap. 12. Cases remediable in Chauncerie HAuing thus perused Equitie and summum Ius with their differences Sect. 18. and also what conscience is whereupon suits in this court do chiefly lie It seemeth good now specially to consider such speciall cases as be remediable in Chauncerie and for which a writ of Subpena lieth there as in cases following A Subpena lyeth in no case but where the common Law fayleth so as the partie who in Equitie hath wrong can haue none ordinarie remedie by the course and rules of the common Law 39. H. 6. 26. 7. H. 7. 11. as in these cases following and such like As if the Queene by her letters Patents giue vnto A. goods forfeited to her highnes by Treason A. may sue for the same in Chauncerie 39. H. 6. 26. And it seemeth if one Coexecutor alone releas debt due to the testator his companion may thereof haue remedie in Chauncery against his Coexecutor onely if no couin be in the debtor but if there be then against them both 4. H. 7. 4. Diuers Cur. 106. And by Moyle if in a Quare impedit by two Coparceners th one make a false plea of couin betweene him the defendant then his companioÌ„ by suit in the Court may enforce him to ioine with him in a true count 6. E. 4. 10. If lands in Auncient demesne extended by statute Marchant be recouered by common recouerie the cognizee hath no remedie but in conscience 7. H. 7. 11. If feoffees in trust commaunded by cestuy qÌ„ vse to enfeoffe his vendee refuse to do it a Subpena lyeth for the vendee against them 37. H. 6. 36. If cestuy qÌ„ vse deuise by his will that his feoffees make an estate to I. S. for life the remainder to H. in fee and I. refuse to take his estate H. after the death of I. may by Subpena compell the feoffees to make estate to him accordingly per Ienny Finch 37. H. 6. 36. Tenant in Borough english enfeoffe A. to the vse of the feoffor and his heires and die his yongest sonne shall haue a Subpena and not the eldest for the vse is of the nature of the land 5. E. 4. 7. If a man make a feoffement in trust of lands discended to him ex parte matris and die without issue his heire ex parte matris may haue a Subpena 5. E. 4. 7. If a man make a feoffement to performe his will and after to infeoffe his heires and declare his will for yeares and die hauing issue a sonne and a daughter by one venter
law D. S. lib. 1. cap. 30. 44. E. 3. 5. 2. H. 4. 13. Fitz. Na. br fol. 152. If tenant in taile be disseised and die and a collaterall aunceâ—â—er to the heire in taile release to the disseisor with warrantie and die and the same warrantie discend vpon the said heire he is barred in law and conscience D. S. cap. 31. 35. H. 6. 63. 41. E. 3. 7. 45. E. 3. 23. 19. H. 6. 59. 15. H. 7. 9. 10. 21. H. 7. 39. 3. H. 7. 9. Tenant in taile after possibilitie of issue is dispunishable for wast by law and conscience because he had once inheritance 45. E. 3. 3. 39. E. 3. 16. and thereby power to wast without punishment which power endureth so long as his estate D. S. lib. 2. cap. 1. If a man be outlawed before he haue knowledge of the suit albeit the surmised cause of action be vntrue yet the Queene may haue his goods by Law and conscience by reason of his disobedience in not appearing to the hindrance of the effect of law for he is bound to take notice of the suit being of record at his perill And the forfeiture groweth by a generall Maxime made for the necessarie execution of Iustice But it seemeth the defendant may haue remedie in conscience against him which caused him to be outlawed without iust cause D. St. lib. 2. cap. 3. 21. H. 7. 7. 9. H. 6. 20. If an estranger do wast lands which another holdeth for yeares life in dower or by the curtesie without the tenants assent the owner of the reuersion may recouer the place wasted and treble dammages against the tenant in law And in conscience notwithstanding that the stranger be insufficient to recompence him for the same for it is his owne act and follie to take such estate subiect to the chance D. S. lib. 2. cap. 4. If a real action be brought by a very lawfull heire and yet bastardie being pleaded in him he is vntruely certified by the Ordinarie to be a bastard and so barred the tenant knowing this certificate to be vntrue ought not in conscience to reteyne the land yet is there no remedie for him in law nor in Chauncerie as it seemeth for that the Bishops certificat is the highest triall that the law affordeth in this behalfe And euery stranger may take aduantage of this certificate and no moe writs may be awarded for further trialll of the trueth thereof for the auoyding of the incoÌ„uenience which might happen if another Bishop should certifie such bastard to be legitimate D. S. lib. 2. cap. 5. If a feoffement in fee be made without deed or a gift in taile or a lease for life the remainder ouer in fee Or if tenant for â—fe graunt his whole estate by deed Poll reseruing rent in these cases the reseruation is void in law and there is no remedie therefore but in conscience D. S. lib. 2. cap. 9. Learne whether Executors or Administrators hauing assets be compellable in Chauncerie to make amends for trespasse done by their testator or to pay debt due by him vpon a simple contract Do. St. lib. 2. cap. 10. If tenant in fee haue two sonnes and die and I. S. abate and thelder sonne make his executors and dieth and the yonger recouereth against the abator in Assise of Mortdauncester the lands and damages from the death of his Father the executors of the elder brother haue no remedie for the damages accrued in his life time as it seemeth Do. Stu. lib. 2. cap. 13. Tenant in dower hath no remedie in Equitie against the alienee of her husband for damages growing betweene his death and her demauÌ„d D. S. lib. 2. cap. 13. Tenant for life disseised dieth his disseisor dieth his heire entreth against whom the owner of the reuersion recouereth the landes but no damages by law nor Equitie D. S. lib. 2. cap. 13. If a man seised of lands knowing that an other hath good right thervnto leuieth a fine with proclamation to extinguish such right And maketh no claime within v. yeres he is remedilesse in law and Equitie D. S. lib. 2. cap. 14. A man seised of lands in fee hath a daughter she marieth and hath issue her father dieth the husband so soone as he knoweth of his fathers death hasteth to take possession of the land but before he come to it his wife dieth he shal not be tenant by the Curtesie of England by law nor conscience because he had not actual possession thereof in the life time of his wife D. S. lib. 2. cap. 15. If without consideration a new rent be graunted without deede or a reuersion without attornement the grauntee is remedilesse Do. St. lib. 2. cap. 15. A man seised in fee of lands holden by Knights seruice deuiseth the whole to A. B. the deuisee thereof is remedilesse for a third part thereof for that there is no Maxime in law for him D. S. li. 2. ca. 15. If the tenant make a feoffement of the land which he holdeth by prioritie taketh estate thereof backe againe and dieth the Lord of whom he held by priority is remedilesse D. S. lib. 2. cap. 15. If the grauntee of a rent charge take a feoffement from the grauntor of parcel of the lands charged to his owne vse the whole rent is extinct by the vnitie of possession because such rent is against common right And the law deemeth it his owne folie to accept the feoffement and neither his ignorance of the deede nor of the law can helpe him D. S. lib. 2. cap. 16. 17. Yet Quaere in Equitie because the grauntor himselfe is priuie to the said feoffement D. S. lib. 2. cap. 17. A. graunteth a rent charge out of two acres of land vnto B. and then infeoffeth H. of the one acre in fee to his vse and after H. intending to extinguish the whole right causeth the same acre to be recouered against him by common recouerie in a writ of Entre sur disseisin in le Post in the name of the said grauntee not knowing thereof and of an other man who by force thereof entreth and dieth so that the grauntee is sole seised of all the same acre by suruiuor to thuse of the said H. The whole rent is hereby extinct by law through the vnitie of possession though the vse be to H. it is also extinct in conscience as to the grauntor because he is neither party nor priuie to that by which thextinguishment groweth But Quere whether in conscience the grauntee ought to haue the whole rent of H. who caused the said recouerie to be so had Do. S. Lib. 2. cap. 17. If a Villein graunted for life purchaseth lands in fee and the grauntee entreth before the villein alieneth the same the grauntee shall haue the land for euer as a perquisite by reason of the villein And this both by Law 5. E. 4. 61. and by conscience D. S. lib. 2. cap. 18. Perkins Sect ' 94. 95. 96. 97.
' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâ—ers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌ„plaint is very truly alleaged And also with that that the said complainaÌ„ts wife did with violeÌ„ce break open some part of the said coÌ„plainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌ„plainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌ„plaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌ„plainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of
your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. L. c. A Bill for making false Affidauit for apparance IN most humble wise sheweth vnto your good Lordship your Lo. Orator Sect ' 101. M. F. of L. Gentleman That whereas vpon suite heretofore and yet depending in this honorable Court betweene your Lo. saide Orator then plaintife and one R. A. defendant in the said suit her Maiesties writ of Subpena was out of this said Court vnto the said R. A. directed commaunding him thereby at a certaine day therein limitted to appeare before your Lo. in the said Court and to answere to your L. said Orator in and touching the said suite Now so it is and it may please your good Lordship that the said R. A. not hauing any regard of her Maiesties said processe of Subpena so to him directed but seeking deceiptfully and fraudulently to neglect and disobey the same procured one E. B. his seruant a very lewde person and fit minister for such a purpose to come vnto this honorable Court of Chancery and there most corruptly falsely and periuriously to swere and depose vpon the holy Euangelist that the said R. A. at that time was lame and not able to trauell to this Court without great danger aâ— his health for that the paines of his lamenesse was such that he was perswaded by his friends to goe to the Bath being thirtie miles distant from his dwelling house or thereabouts and that he was gone to the said place with much a doe and there remained at the taking of his saide Oath wherein the said E. B. by the meanes subornation and procurement of the said R. A. hath most wickedly committed most willfull and corrupt periurie Forasmuch as the said R. A. was at that time in very good and perfect health ability and soundnesse of bodie without any manner of lamenesse or debilitie so as he might haue verie well trauelled without hurt or daunger of his health and was at that time at C. in the County of L. and not at Bath as the said E. B. in his said deposition most vntruely deposed May it therefore please your good Lordship c. A Bill to be relieued of an Obligation with condition for that the money was paide accordingly IN most humble wise complaining sheweth vnto your good Lordshippe Sect. 102. your daily Orator N. K. of F. in the Councie of D. husbandman and I. B of A. in the same Countie husbandman That where one N. B. of F. in the Countie of S. Gentleman hauing neede to vse and borrowe money for his necessarie vse entreated your saide Orator to borrow of one M. E. of A. in the said Countie of D. widow the summe of xx l which your said Orator did according to the request of the said N. And for the repayment therof to the said M. your said Orator became bound to her the said M. by obligation in the summe of fortie pounds with condition for the payment of the said twentie pound at a day now past which twentie pounds he the said N. hath well and truely contented satisfied and paid to the said M. according to the condition aforesaid Which notwithstanding so it is if it may please your good Lordship yet doth the said M. against all good dealing detaine the said obligation in her hands notwithstanding sundrie requestes made vnto her by your said Orator for the deliuerie thereof against all right equitie and good conscience minding as it should seeme to put the same in suite eyther against your Orator or his executors when opportunity serueth In tender consideration whereof and forasmuch as your said Orator hath not any ordinarie remedie by the course of the common law to compell the said M. to deliuer the said bond or to cancell the same according as in right she ought to doe May it please your good Lordship to grant c. A Bill for that the Plainiife hath not according to promise procured an acquittance for rents by him paide to the Defendant by the appointment of his lessor HVmbly complaining sheweth vnto your honorable Lordship your Sec ' 103. daily Orator I. M. of M. in the Countie of Yorke yeoman That whereas about the first yeare of the Raigne of the late King Edward the sixt one I. M. late father of your said Orator was lawfully seised in his demesne as of fee of and in certaine lands and tenements with the appurtenances in S. and within the parish of S. in the said Countie and being thereof so seised died thereof so seised By and after whose death the said tenements and premisses with the appurtenances discended and came as of right they ought to discend and come to your said Orator as sonne and next heire of him the said I. M. after whose death your sanâ— Orator entered into the said tenements and premisses with the appurtenances and was thereof seised in his demesne as of fee and being thereof so seised one mesuage or tenement one garden one orchard one close or croft therunto adioining diuers lands meadowes and pastures parcell of the premisses were assigned to A. M. late wife of the said I. M. deceased for her dower of the said lands of her said husband by force whereof she was thereof seised in her demesne as of freehold and she being thereof so seised afterwards that is to say about the sixt day of Iune in the fourth and fifth yeare of the Raigne of King Phillip and Queene Marie by Indenture dated the day and yeare abouesaid granted and to ferme did let vnto your said Orator the said lands tenements and premisses to hold from the date of the said Indenture vnto the ende and terme of three score yeares if she should so long liue reseruing thereupon to her yearely during the said terme of three score yeares if she so long liue three pounds of lawfull English money which yearely rent of three pounds your said Orator did well and faithfully pay vnto the said A. and her assignes vntill about the tenth yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is at which time the saide A. did grant and assigne thirtie shillings yearely parcell of the said yearely rent of three pounds during her life to one R. M. of E. in the countie of D. Cutler And afterwards that is to say about the twentith yeare of her Maiesties said Raigne the said A. for sundrie considrations did appoint the saide R. to receiue the other thirtie shillings yearely residue of the said yearly rent of three pounds to his own vse And your saide Orator euer since the said grant and appointment hath yearely paide vnto the saide R. as well the said thirtie shillings rent so to him granted by the said A. as the said other thirtie shillings rent residue of the said three pound rent In tender consideration whereof the said R. M. about the first day of Iune last past
of them do make and knowledge and suffer cause and procure to be done made and knowledged all and euerie such further lawfull and reasonable act and actes thing and things deuise and deuises in the law whatsoeuer for the further and more better assurance suretie and sure making and conueying of the said Manor of B. and the mesuages lands tenements and premisses with thappurtenances in the said Indenture mencioned to be bargained and sold except before therein excepted vnto the said late Earle his heires and assignes to the onely vse and behoofe of the said Earle his heires and assignes for euer according to the true intent and meaning of the said Indenture were it by fine feoffement recouerie deed or deeds inrolled the inrolement of the said Indentures release confirmation with ioynt or senerall warranty of the said R. E. T. E. and G. E. their and euerie of their heires against them the said R. E. T. E. G. E. their and euery of their heires and assignes euerie of thē against all and euerie other person and persons whatsoeuer claiming in by frō or vnder them or any of thē or otherwise with like warranty or without warranty as by the said Earle his heires or assignes or his or their counsell learned in the lawes should be deuised aduised and required so as none of the said actes or things concerning the said further assurance should stretch or extend to any other or further warranty or warranties o◠the premisses or any part thereof then as is before expressed or to that effect and meaning as in the same Indenture of bargaine and sale appeareth But now so it is if it may please your honorable Lordship that at the time of the making of the said Indenture of bargaine and sale vnto the said late Earle the said T. E. and G. E. were within and vnder the age of one and twentie years And shortly after the making of the said Indenture and before the same was either knowledged or inrolled or any estate executed thereupon by Atturnement Liuerie of seisin or otherwise that is to say vpon or about the seuenteenth day of Nouember next ensuing the making of the said Indenture the said G. late Earle of S. died by and after whose death the right to haue and inherite the said Manors lands tenements and premisses with the appurtenances discended and came as of right the same ought to discend and come vnto this complainant as his eldest sonne next heire shortly after whose death the administration of all the goods and chattels of the said G. late Earle of S. was by the right Reuerend father in God I. by the prouidence of God Archbishop of Canterbury Primate Metropolitaine of all England committed to this complainant now Earle of S. who administred the said goods chattels accordingly And further so it is if it may please your good Lordship that the part or counterpaine of the said Indenture of bargaine and sale belonging to the said late Earle is since the death of the said late Earle by casuall meanes comen to the handes custodie and possession of the said R. E. T. E. and G. E. or of some of them or of some other person by their priuity and consent the full contents whereof are vtterly vnknowen to this complainant by colour whereof and for that the said T. E. and G. E. were so as is aforesaid within age at the making of the said Indenture they the said R. E. T. E. and G. E. hauing a great desire to haue the said manors lands tenements and bargained premisses and thereof to disinherite and defeat this complainant contrary to the true intent and meaning of the said Indenture Notwithstanding that this complainant hath yearely sithence the making of the said Indenture well truely satisfied and paid vnto the said R. E. the said Annuity or yearly rent charge of 100. pounds by the yeare in the said Indenture mentioned according to the tenor forme and effect of the same Indenture as this complainant verely thinketh And notwithstanding that this complainant hath sundrie times aswell by himselfe as by diuers others of his seruantes and friends in his behalfe sent and come vnto the said R. E. T. E. and G. E. gently requiring them and euery of them to redeliuer vnto your said Orator the said part or Counterpaine of the said Indenture of bargaine and sale of the premisses And also to make vnto him this complainant and his heires further conueyance and assurance of the said manor tenements and premisses by fine to be leuied before the Iustices of the common Plees at Westminster and for that purpose in the terme of Saint Hillarie which was in the foure and thirtieth yeare of the Queenes Maiesties Raigne that now is at Westminster in the Countie of Middlesex this complainant required the said R. and T. according to the tenour true intent and meaning of the said Indenture of bargaine and sale thereof to come before Sir E. A. knight then and yet chiefe Iustice of her Maiesties Court of common Plees at Westminster to make cognisance before the same E. A. Knight of the said manor tenements and premisses with thappurtenances in forme of Lawe that a fine thereupon might haue beene leuied to the vse of this complainant and his heires for euer yet that to doe they and euery of them haue euer hitherto refused and denied and yet doe denie and refuse to doe the same contrarie to the forme and true meaning of the couenants and agreements in the said Indenture of bargaine and saile thereof conteyned and against all right equity and good conscience and to the manifest defeating and disinheriting of him this complainant of and in the said manor landes tenenements and premisses and contrary to the true intent and meaning of the same Indenture of bargaine and sale thereof except speedie remedie be in due time prouided to preuent the same Wherefore the premisses considered and for so much as the said complainant not knowing the certaine deate and contents and other certainties of the said part or Counterpaine of the said Indenture of bargaine and sale nor wherein the same is contained whether in bagge boxe or chest locked sealed or otherwise and so hath none ordinary remedy by the due course of the common lawes of this Realme for the recouery thereof And without the same Indenture hath no direct action by the common lawes of this Realme to compell the said R. E. T. E. and G. E. or any of them to assure vnto him this complainant the said manor lands tenements and premisses according to the said bargaine thereof for lacke of the said Indenture both partes thereof being come to the hands of the said defendants Neither if this complainant had the said part or Counterpaine of the said Indenture as he hath not yet had he not thereby any meanes by the common lawes of this Realme to compell the said T. E. and G. E. or either of them to performe
being thereof so seised and the said Earle being also seised in fee of the said manor as these defendants thinke died thereof so seised by and after whose death the said tenements and premisses in the said bill mentioned descended and came to the said I. S. the sonne as sonne and heire of the said I. S. deceased who is yet within the age of one and twentie yeares by meanes wherof the said Earle after the death of the said I. S. the father as garden of the said I. S. infant during his minority by reason of the tenute aforesaid seised the bodie of the said I. S. the infant without that that to the said defendants knowledge the said I. S. the father being of the premisses seised in fee did in his life time conuey and assure the same premisses vnto certaine persons and their heires to the vse of the said I. S. of the said I. then his wife of the longer liuer of either of them without impeachment of wast and after their decease to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer as in the said bill of complaint is vntruely alleaged or that to these defendants knowledge by force thereof the said I. S. and the said I. S. then his wife being thereof so seised died thereof so seised or that to these defendants knowledge after his death the said I. held her selfe in the said messuages landes and premisses and was thereof so seised accordingly by force of any such conueiance or that she being thereof so seised tooke to husband the said I. W. or that by force of the saide entermariage the saide I. W. and the saide I. to the knowledge of these defendants were so lawfully seised of the said premisses in the right of the said I. as in the said bill is alleaged And without that that to these defendants knowledge the said I. W. and I. haue the custodie of the said I. S. the infant rightfully belonging to the said I. as Gardein in Socage as in the said bill is likewise alleaged And without that that any deeds euidences and writings touching and concerning the premisses and of right belonging to the said infant or to one of them are casually come to the hands custody and possession of the said defendants other then such deedes euidences and writings as the said I. did deliuer vnto the said T. S. the one of these defendants which he the said T. about one yeare now last past or more vpon the receipt of the Queenes Maiesties writ of Subpena deliuered to I. L. late of H. Haull in the County of D. Gentleman to the vse of the said infant which as he remembreth was done by appointment or agreement of the said I. And then an other old deede or writing without date conteyning these words following or the very like in effect and meaning viz. Sciant praesentes futur̄ quod ego Io. filius Tho. de B. dedi concess hac praesenti charta mea confirmaui Duranto de Toxdwood pro homag ' seruitio suo pro quadam pecuniae summa mihi prae manibus soluta totam terram meam quae vocatur le Haule cliffe in territorijs de B. cum boscis pratis pascuis pasturis omnibus suis pertin̄ sine aliquo retento quae iacet integre in latitud ' int̄ viam quae ducit versus B. terram quam L. de L. quondam tenuit extendit se in longitudin̄ de meta de B. vsque ad terram Abbat̄ de R. terram quae fuit A. F. terram R. de le Scagh vna cum tota illa terra cum domibus edificijs in ea sitis cum omnibus suis pertin̄ quam R. de T. quondam tenuit quae iacet integre inter terra c. And without that any other matters c. A Bill to be discharged of a Recognisance for the sauing of landes solde harmelesse for that a lease made thereof by which he seemeth to be dampnified was either made in trust or by surrender before the said bargaine with an answere replication and reioinder to the same bill COmplaining sheweth vnto your honorable Lordship Geor. Earle Sect. 120. of Shrowsbury that whereas Sir W. S. knight Lord M. deceaced in his life time about nine yeares now past was lawfully seised of an estate of inheritance amongst other lands and tenements of the third part of the scite mansion house of the late dissolued Abbey Monastery or Priory of B. in the county of L. and of all and singuler messuages houses edifices buildings orchards gardens fishings ponds lands tenements meadowes pastures commons hereditaments with the appurtenances to the said scite belonging then late in the occupation of F. S. afterwards in thoccupation of one M. and the said Lord M. being thereof so seised about the xvi day of December in the vii yeare of the Raigne of our Soueraigne Lady the Queenes Maiesty that now is of speciall and secret trust confidence by him the said Lord M. reposed in one W. S. of M. in the county of S. gentleman M. his wife or of one of them did make an Indenture bearing date the xvi day of September in the said vii yeare of a demise of the said third part of the said scite lands tenements and hereditaments with the appurtenances to the said W. S. and M. his wife to haue to hold the same vnto the said W. S. and M. from the decease of K. T. of S. for and during the terme of xxi yeares then next ensuing as by the said Indenture appeareth And deliuered the said Indenture to be deliuered as his deed when the said W. S. had performed certaine conditions agreements betweene them made vpon which Indentures made by them it was neuer intended nor agreed that the said W. S. and M. his wife or their executors or assignes or any of them should take any benefit to them but that the same lease should be surrendred and at all times disposed at the pleasure of the said Lord M. by force whereof the said W. S. and M. were possessed of the interest of the said terme accordingly and being thereof so possessed And the said L. M. being seised of the said R. of the third part of these tenements premisses of an estate of inheritance afterwards that is to say the xviii day of May in the xii yeare of the Raigne of our said Soueraigne Lady the said Lord. M. by Indenture bearing date the said day and yeare did bargaine and sell the said third part of the said premisses among other things to one I. C. of C. in the county of S. Esquire and F. S. of S. in the said County Gentleman and their heires for euer by which last recited Indenture the said Lord M. for him and his heires did couenant and grant to and with the said I. C. and F. S. and either of them that aswell the said I. C. and
occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of coÌ„plaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in yâ— said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. â—ill for a title of land intailed IN most humble 〈◊〉 sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiueâ— and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof
it may please your good Lordship the premisses tenderly considered to graunt vnto your said Orator the Queenes most gratious seueral writs of Subpena to be directed vnto the said I. Werewick E. G. S. and T. S. commaunding them and euery of them by the same personally to appeare in the most honorable Court of Chauncery at a certain day vpon a certain paine by your good Lordship to be limitted therein then and there to make answere to the premisses And further to be ordered therein as shall accord with right and good conscience And your said Orator shall daylie pray c. The Answere of I. W. to the bill of complaint of R. K. husbandman THe said defendant saith that the said bill of complaint is vncertain Sect ' 136. and insufficient in the law to be answered vnto the matter therein contained vntrue principally imagined pursued by the vnlawfull procurement bearing supportation of one W. C. Esq to the intent to put the said def to trouble costes expences intending thereby the vnquiet impouerish the said def as they should be faine to leaue the right title and interest of and in the premisses so that the said W. might purchase buy the same of the said Complainant And of late the said W. C. hath made meanes vnto the said I. W. now def to buy his title interest of in the premisses and threatned him to haue the same and if he would not let him haue it with his good will that then he would haue it against his will whosoeuer tooke his part and if the contents of the said bill were true as they are not yet were the matter determinable at the common Law and not in this honorable Court whereunto the said def prayeth to be dismissed and yet neuerthelesse the aduantage of the premisses vnto this defendant at all times saued For further answere vnto the said bill for declaration of the truth of the contents of the said bill the said def saith euery one of them saith that longtime before the said A. R. mencioned in the said bill of complaint any thing had in the said messuage other the premisses or that the said W. R. was thereof enfeoffed T. R. of P. T. S. of S. and W. of E. were thereof seised in their demesnes as of fee so being thereof seised by their writing indēted ready to be shewed the said messuage other the premisses contained in y◠said bill of cōplaint amongst other things gaue demised deliuered by their said writing indented cōfirmed vnto the said W. R. mencioned in the said bill of complaint and vnto A. his wife To haue to hold the said messuages other the premisses vnto the said W. and A. for terme of their liues and to the wife of the longer liuer of them And the said T. and T. willed declared in the said writing indented that the said messuage all other the premisses should remaine vnto the said A. mentioned in the said bil of complaint vnto A. his wife vnto the heires assignes of y◠said A. for euer without y◠the said W. R. did enfeoffe of in the said messuage lands tenements other the premisses the said A. A. to haue to thē to their heires males of their two bodies lawfully begotten or that the said A. Agnes were seised of in the premisses in their demesnes as of fee taile as in the said bill of cōplaint is surmised without that that after y◠death of the said W. y◠the remainder of y◠premisses in fee simple discended vnto the said A. as sonne heire vnto him or that after y◠death of the said A. A. the said messuage other the premisses discended and of right ought to discend or come vnto the said I. R. in the taile especiall as sonne and heire male of the bodie of the said A. and Agnes lawfully begotten either any other discent of inheritance therein of a meere fee simple or that the said I. by his entrie into the said mesuage other the premisses after the death of his father mother was then seised of and in his demesne as of fee taile especiall or of any such estate dyed seised or that after the death of the said I. that the said mesuage and other the premisses or any part or parcell thereof discended and came or of right ought to discend and come to the said complaynant as brother and heire male to the said I. K. by vertue of any gift or otherwise as in the bill of complaint is vntruly surmised But the said defendants do auerre and are shall be at all times ready to proue as this honorable Court shall award that the said messuages and all other the premisses by and immediatly after the death of the said I. R. discended and of right ought to discend and come to one A. daughter and heire of the said I. lawfully begotten on the bodie of the said E. one of these defendants the which A. is yet in plaine life and in the ward and custodie of her said mother And without that that any deede of taile was made of and by the said W. R. the grandfather or any other euidence deeds writings or muniments concerning the premisses proouing the said interest and title of the said complaynant of the premisses and euery part and parcell thereof to be comen to the hands and possessions of the said I. W. and E. his wife or either of them or to the custodie or possession of any other by their deliuerie conueyance or appointment but trueth it is that the said defendants haue in their custodie one writing indented readie to be shewed whereby the remainder of the premisses is conueyed vnto the said A. and Agnes his wife and to the heires and assignes of the sayd A. for euer as is aforesaid and diuers other euidences and writings proouing and concerning the conueyance of the fee simple of the said mesuage and other the premisses vnto the said A. and other his auncestors the which charters euidēces writings the said def do still with them detaine keepe as good lawfull is for them to do as wel for y◠proofe and preseruation of their right title and interest vnto the third part of the premisses for the dowrie of the said E. as for the preseruation of the right title and interest of the said A. daughter and heire to the said I. of and in the said mesuage and other the premisses without that the said def haue at any time wrongfully entred into the said mesuage and other he premisses or into any part thereof or the profites thereof do wrongfully detaine and keepe frō the said complainants or the rents issues and profites thereof haue wrongfully destreyned perceyued and taken to their owne vse as in the same bill is also vntruely surmised A Supplication in the Chauncerie vpon deceipt by a Partner IN most
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
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
in the Countie of Hertford of the yearely value of 40. l or thereabouts and a certaine yerely rent of 30. l or thereabouts going out of the manor of Shobington in the Countie of Buckingham and diuers other mannors lands tenements and hereditaments in diuers other Counties of England which ought to be contributorie to the payment of the sayd 12. C. pound and therefore the same is vndulie and contrarie to lawe charged vpon the said mannors of Hockering and Northtuddenham which the saide maister Lo. holdeth as a Feoffee for which reason the said maister Lo. as this defendant supposeth hath pursued his Scire facias against the saide complaynant in this honorable Court for the discharge of the said mannors of Ho. and N. from the saide vndue execution and for the recouerye of the sayd issues and profits comming and growing of the same mannors from the time of the said execution for which cause this defendant humbly prayeth this honorable Court that the said complaynant may be referred to the Common lawe to bring his action against this defendant for the recouerie of the said rents due vpon the saide leasses and estates which this defendant holdeth of the saide mannors wherein the validitie of the said extent and execution may be tryed so as the said defendant may know to whom to pay his saide rent without danger or further trouble and this defendant is readye to stand to such order as this honorable Court shall award concerning the shewing to the saide complainants of his estates tearmes which he hath of and in the said parcell of the demesnes of the said mannor of Ho. or holdeth of the same and other circumstances thereof without that that this defendant is Farmer Customarie or free tenant of any other part or parcell of the saide manors or other the premisses in the saide bill mentioned or hath in his hands any Courtrowles Rentalls or Counterpanes of leases concerning the premisses in the saide bill mentioned other then in his Answere before is declared as in the said bill of complaint is vntruly alledged And without that that the said defendant hath vnlawfully confederated with any the persons in the said bill mentioned to defeate the saide complaynant of his lawfull execution and estate in the premisses in the said bill mentioned as in the said bill of complaynt is also vntrulie alledged And without that that any other matter or thing in the said bill of complaynt mentioned materiall or effectuall to be answered vnto and not herein sufficiently answered confessed and auoyded trauersed or denyed is to these defendants or any of their knowledges true All which matters these defendants are ready to auerre and prooue as this honorable Court shall award and prayen to be dismissed out of the same with their reasonable costs and charges in this behalfe most wrongfully sustained A Bill into the Chauncery for detayning of euidences entering into a meadowe and a pasture and making to themselues diuers estates To the Reuerend Father in God Thomas Bishop of Ely Lord Chauncelor of England IN most humble wise sheweth and complayneth vnto your good Sect ' 151. Lordship your dayly Orator G. I. That where W. I. father vnto your said Orator was seised in his demeasne as of fee of and in fifteene Acres of pasture and meadowe with thappurtenances in Clare in the Countie of Suffolke and so being thereof seised dyed by protestacion seised After whose death the saide fifteene Acres of pasture and meadowe and all other the premisses with the appurtenances descended and came and of right ought to descend and come vnto your said Orator as sonne and heire vnto the saide W. I. So it is if it may please your good Lordship that certaine euidences deedes charters and other muniments concerning the premisses are come to the hands and possession of M. G. Widow and A. G. who by colour of hauing the saide euidences haue entered into the premisses and haue conueyed vnto them and to their heires diuers and sundrie estates in the lawe for the disherison of your said Orator and of his heires for euer And because your said Orator knoweth not the certaintie of the saide euidence nor whether it be contayned in bagge or bore sealed or in chest locked he is without remedie for the recouerie of the same by the order of the Common lawe except your Lordships fauour be vnto him shewed in this behalfe In consideration whereof it may please your good Lordship the premisses considered to graunt a writ of Subpena to be directed to the saide M. G. Widow and A. G. commaunding them by the same personally to appeare before your good Lordship in the Kings high Court of Chauncerie at a certayne day and vnder a certayne payne by your good Lordship to be limited there to aunswere vnto the premisses and after to abide such decree and order therein as to your good Lordship shall be thought to stand with right and conscience And your saide Orator shall dayly pray for the preseruation of your Lordships Honor long to endure The Aunswere of one of the defendants to the Bill next before who pleadeth that the plaintifes father sould the landes in the Bill mentioned to T. H. who sould the same to the defendants husband who conueyed the same to the defendant for her life And sheweth that at the time of the saide purchase and after the premisses were in diuers Feoffes in vse and sheweth afterwards the making of the Statute of 27. Hen. 8. for transferring of vses into possession The Aunswere of M. G. Widow to the Bill of complaynt of G. I. THe said defendant saith that the said Bill of complaint is vntrue Sect ' 152. vncertaine and insufficient in the lawe to be aunswered vnto and the matters therein contayned determinable at the Common lawe and not in this honorable Court whereunto the said defendant prayeth to be dismissed and thaduantage thereof to the said defendant alwayes saued if she shall be compelled to make any further aunswere vnto the saide insufficient Bill Then for the declaration of the truth the saide defendant sayth That as to any pasture or meadowe in Clare the saide defendant knoweth not that she is Tenaunt of or hath any that was belonging to the saide W. I. within the sayde towne or parish of Clare or detayneth any euidence concerning the same to her knowledge But the saide defendant sayth the sayde W. I. mentioned in the sayde Bill of complaynt together with I. W. alias Miller I. F. c. were seised of and in seauen Acres of pasture and moore and three Acres and one Roode of meadowe in S. in their demeasne as of fee to the vse of the sayde W. I. and of his heires and so beeing thereof seised the sayde W. I. bargained and soulde the pasture moore and meadowe last before remembred vnto one T. H. and to hys heires for euer By vertue of which bargaine the sayde W. I. and hys sayde other Coefeoffees were thereof