Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	knight_n	lord_n	treasurer_n	2,475	5	10.7684	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34128	Reports or causes in Chancery collected by Sir George Cary, one of the masters of the Chancery in in [sic] anno 1601, out of the labours of Master William Lambert ; whereunto is annexed the Kings order and decree in Chancery for a rule to be observed by the chancellor in that court, exemplified and enrolled for a perpetuall record there, anno 1616 ; together with an alphabeticall table of all the cases.	England and Wales. Court of Chancery.; Carew, George, Sir, d. 1612.; Lambarde, William, 1536-1601.	1650 (1650)	Wing C555; ESTC R22868	89,306	152

The matter complained of by the Bill is for 5 l. debt for Fish therefore dismissed Foord Foord plaintants Richards defendant Anno 21. Eliz. Symonds Brocebridge made oath that the said Elizabeth and Anne two of the defendants are above the age of 70. yeares a peece and that the said William was comming up to London in his company and they were both robbed and William his horse taken from him whereby hee could not come to make his appearance therefore a Commission is granted to take all the said defendants answers in the countrey Hill plaintant Elizabeth Worley widdow William Stapleton and Anne his wife defendants Anno 21. Eliz. Memorand that the 20. day of February last Sir Nicholas Bacon Knight Lord Keeper of the Great Seale of England dyed at York house and the Seale being the same day sent for by the Lord Treasurer remained with the Queenes Majesty till the 12. day of April last on which day the same was delivered to Sir Tho. Bromly Knight Lord Chancellor of England Paschae 21. Eliz. Whereby an order of the 10. of Feb. last a Subpoena was awarded against the defendant to shew cause wherefore an award therein mentioned should not be ratified Now Mr. Flowerdew of councell on the defendants behalf informeth that the said award was not made by any order of this court and therefore desired that the said defend may not be compelled to performe the same It is ordered that Councell on both sides shall attend the morrow sevennight and then order shalll be taken Barkley Miles plaintant Moore defendant Anno 21. Eliz. The plaintant exhibited his Bill as a priviledged man to Sir Francis Kempe Prothonotary of this Court for Lands lying in the County Palatine of Chester and for that it appeared by Letters Patents openle shewed in Court under her Majesties Great Seale of England that this Court by any priviledge should not hold plea of any Lands lying within the said County Palatine It is therefore ordered to be dismissed if the plaintant shew not good cause William Lomley plaintant Thomas Greene Thomas Marlow Robert Taylor and Iames Wagge defend●nts An. 21. Eliz. The plaintant was adjudged to pay the defen. 37 s. 6 d. costs for that he being served with Subpoena in Hillar Terme appeared and by his answer disclaimed and yet after the plaintant served him with a Subpoena to rejoyne but afterwards the same cost● were discharged by motion for that the defendant had before the costs put in his rejoynder but upon a disclaimer no costs is to be allowed Read plaintant Hawstead alias Lane defendants Anno 21. Eliz. The defendant was taken upon a Commission of Rebellion at the plaintants suite required his costs to be allowed him the Court asking the opinion of the Clerkes it was agreed with one consent that he should have his costs allowed therefore ordered accordingly Morgan plaint Ap Iohn Gowge defendant Anno 21. Eliz. The defendant maketh oath that he was served with a Billet in paper at the plaintants suit which Billet he lost by misfortune and upon his appearance no Bill is in Court against him therefore costs is awarded Brown alias Garris alias Pawdy plaintant Stoyck defend Anno 21. Eliz. The plaintant exhibited his Bill to examine witnesses in perpetuall memory touching a lease of Lands which hee and those by whom hee claimeth hath enjoyed 40. yeares the defendant by answer claimeth the Lands as Coppy-hold of inheritance to Mr. Sowthwell who is owner of the inheritance and within age and therefore prayed that no witnesses might be examined till Mr. Southwell be of full age and yet because the witnesses being old and may dye in the interim therefore a Subpoena is awarded against the defend to shew cause why a Commission should not be granted Hearing plaintant Fisher defendant An. 21. Eliz. Iohn Budden maketh oath that the defendants confessed unto him they were served with a Subpoena at the plaintants suite and have not appeared therefore an Attachment is granted Perry Ar plaintant Gatter alias Sharde and Cole defendants An. 21. Eliz. Upon the hearing of the matter for the Mannor of Laughtor and the Advowson of the Church of Laughton in the County of Bucking it appeared that the defendants and they from whom they claimed have beene in possession 100 yeares with divers discents therefore the defendants are dismissed Kinston plaintant Pigot aliis defendants Anno 21. Eliz. The defendant in Hillar Terme made oath that he could not answer without sight of evidences in the Country and having day given him he now hath put in no answer but a demurrer contrary to the orders of this Court therefore an attachment is awarded against the defendant Farmer aliis plaintants Fox defendant Anno 21. Eliz. Iohn Harry made oath for the serving of a Subpoena on the defendants to rejoyn therefore Munday next is given to the defendants to rejoyne or else to lose the benefit thereof Ioanes aliis plaintants Whitney Miles aliis defendants An. 21. Eliz. Whereas a Commission issued out to examine witnesses on both parties which is returned executed upon oath made by Giles Brever that he served precepts from the Commissioners upon W. S. Tho. Lin T. C. and Io. Peers to be examined on the defendants behalf before the said Commissioners who appeared not it is therefore ordered that a new Commission be awarded to the former Commissioners at the defendants charge as well to examine the said four witnesses as any other Shepheard plaintant Shepheard aliis Defendants An. 21. Eliz. The Duke of Northumberland acknowledged a Recognizance of 1000 Markes to the Lord Crumwell and after granted certaine Lands to the defendant afterwards both the Duke and the Lord Cromwell were attainted of Treason whereby the Recognizance came to the Queen and in her name was put in suit by one Lane to whom her Majesty had granted the same recognizance who sought to extend the defendants said Lands alone whereas there are divers other Lands to a great valew in other mens hands lyable to the said Recognizance therefore it is ordered that no Liberate goe out upon the said extent untill the Court order the same The Queenes Majesty plaintant Colborne defendant Anno 21. Eliz. The plaintant sought to be relieved upon an Obligation of 300 l. which he entred into to make a joyneture unto his wife in consideration of 174 l. promised to him by the defendant in marriage which was never paid unto him therefore an Injunction is awarded if cause be not shewed Osborne plaintant Havers defend An. 21. Eli. The plaintant and defendant both joyned in Commission to examine witnesses and the plaintant having the carriage of the Commission did not execute the same but did examine witnesses here in Court therefore ordered the defend should have a new Cōmission to the former Commissioners wherein the plaintant might also examine if he list and

sollicitor of one of the parties was served with Subpoena to testifie in the cause in controversie and the Court discharged him by reason he was solliciter in the cause An. 20. Eliz. The plaintants Bill was for that he being a Coppyholder Leased to the defendant for years and the defendant hath digged gravell and sold the same away whereby the Coppyhold is prejudiced the defendant justified for that the Copyholders are not punishable in waste which cause this Court alloweth not of for though the Copyholders of the mannor are not punishable yet the Leasses of Copyholders of the Mannor are punishable therefore a Supoena is awarded to shew cause why an Injunction shall not be granted for staying his digging of gravell and felling Woods upon the Copyhold Lands Dalton plaintant Gill and Pindor defendants Anno 19. Eliz. Whereas the plaintant exhibited his Bill against the defendant for wilfull perjury the defendant hath demurred which this Court alloweth not of It is ordered a Subpoena be awarded to the defendant to answer Thomas Woodcock plaintant Giles Woodcock defendant An. 19. Eliz. Whereas there was an award in writing exhibited into this Court made between the said parties by Sir Christopher Wray Knight Lord chiefe Justice of England whereunto the Lord chiefe Justice hand as well as the parties are subscribed it was requested by the plaintants the same might be decreed by this Court which this Court refused to grant untill the defendants were made privy therefore processe is awarded Wakefield Vxor Aliis plaintants Hawson Vxor Aliis defendants An. 19. Eliz. The suit was to stay suit in the spirituall Court for a Legacy of 40 l. Ioan Banvill widdow plaintant Guy Banvill defendant Anno 19. Eliz. The suite was for common of pasture and Turbary the defendant demurred for that the plaintant may have remedy at the common law but ordered to answer Lawrence and Moregate Aliis plaintants Windham defendant An. 19. Eliz. Robert Goodwine made oath that at such time as he came to the house of the defendant to serve a Subpoena upon him according to an order of the 10. of May last one of his servants came forth and told him he was within who thereupon delivered the Writ to be delivered to the defendant his Master Goodwine plaintant Sullyard defendant An. 19. Eliz. The defendant made oath that he was served with a Subpoena by the plaintant in the name of one William Web utterly unknown to the defendant and now upon his appearance no Bill in Court against the defendant in the name of the said William Web or of the plaintant therefore 30 s. cost is awarded against the plaintants An. 19. Eliz. Forasmuch as the said Abel one of the defendants appeared and answered the last Terme and his wife did not therefore an Attachment was awarded against them both Monox plaintant Abel and his wife defendants Anno 19. Eliz. Whereas there was this present day exhibited into this Court a certificate under the Seale of the university of Oxford on the defendants behalfe testifying and declaring that the Chancellors of the said university and their successors from the time whereof the memory of man is not to the contrary as well by graunt and consideration of her Majesty as of her Majesties noble progenitors sometimes Kings of this Realme have had the cognizance and finall determination of all manner of Pleas strifes quarrels and controversies whatsoever Felony Maine and Franketenant onely excepted rising and growing as well within the precinct of the said City of Oxford as without within the Realme of England whereas one of the parties within the said suit action or plea is a Master or Schollor or common Minister of the same university or such a person as the Chancellor Vicechancellor Lieutenant or Commissary will certifie ought to enjoy the priviledge of the same university and that the same persons upon the shewing forth of the said certificate in any Court where they are impleaded ought to be discharged out of the same Court forasmuch as it appeareth by the said certificate that the said defendant who is brought up by a Subpoena to answer a Bill exhibited by the plaintant into this Court is a Batchelor of Law in the same university and for that also it appeareth by the plaintants said Bill of complaint that the matter therein contained is onely for certaine promises supposed to be made by the defendant to the plaintant touching certaine Goods Chattels and money therein mentioned and not Franktenement or any matter before excepted It is therefore ordered that the said defendant be of and from the said Bill of complant and matters therein contained from henceforth clearly and absolutely dismissed and the plaintant referred to take his remedy for the same before the Chancellor Vicechancellor Lieutenant or Commissary of the said University of Oxford according to the Tenor of the said Certificate Temple plaintant Foster Doctor of the Civill Law defen. Anno 19. Eliz. Thomas plaintant Mounson defendant produceth a Certificate of the University claiming jurisdiction of the same University therefore the cause is from hence dismissed to be tryed and determined there An. 19. Eliz. The plaintant in the end of Easter Terme by Master Griffeth his Attorney required the defendant to proceed to Commission for examining of witnesses and the defendant was ready to joyne sithence which time the plaintant contrary to the order of this Court as they alleage hath produced one of the Masters of this Court and one of the examinors to travell to the plaintants house in Wiltshire 60 miles distant from London there hath examined witnesses it is ordered that publication be stayed untill the matter be examined after publication is granted Darrall plaintant and Stukey defendant An. 19. Eliz. The plaint Father did purchase in Fee-Farm to him and his heirs the Mannor of Long Eason in the County of De●y of one Kymwelmarch rendring 8 l. rent with a condition of reentry for non payment of the rent deviseth the Land to another for life A ducens tecum for the evidences An. 19. Eliz. Forasmuch as the defendant hath appeared in this court upon an Attachment of priviledge and attended from day to day according to his Bond made in that behalfe and hath also pleaded an issue to the plaintants Declaration therefore the defendant is licensed to depart Dugdell plaint Orrell defend An. 20. Eliz. The defend by his Answer confesseth he was joynt purchasor in trust with the plaintants Father to them two and to the heires of the plaintants Father of the Lands in question and that he never received any profits thereof and that he meant at the plaintants full age to convey the Lands to the plaintant and his heires according to the trust it is ordered and decreed the defendant shall forthwith upon notice to him given convey his Estate in the Lands to the plaintant and the Heires

at the returne thereof publication and in the meane time publication is stayed Mackworth plaintant Swayefield aliis defendants An. 21. Eliz. A frivolous Bill was exhibited against the defendant without a Councellors hand and therefore ordered the defendant should not answer untill a Councellors hand we●e put to the Bill and the contempt for not answering is suspended Farly plaintant Childe defendant An. 21. Eliz. The defendant made oath that the Lands complained of by the plaintants Bill is under 40 s. per annum therefore dismissed Pottinger plaintiffe Cogayne defendant Anno 21. Eliz. The plaintiffe sued here to be relieved for a least of one thousand yeares of certaine Lands and depending the suite the defendant by quo minus out of the Exchequer being Tenant of other Lands to the Queene brought an Ejectione firme against the under Tenants of the plaintant therefore an injunction to stay the said suit of Quo minus if cause be not shewed Ioanes aliis plaintants Whitney Miles aliis defendants Anno 21. Eliz. The plaintant made oath for the serving of a Subpoena on Mary Cavendish Iohn Gilgate William Pipe and Edm●nd Stiles to appeare before Commissioners to be examined on his behalfe therefore an Attachment is awarded against them Turnor plaintant Warren defendant Anno 21. Eliz. Iohn Quippe made oath the defendant confessed he was served with a Subpoena for costs and hath not paid it therefore an Attachment Suell plaintant Rogers defendant Anno 21. Eliz. The defendant since the Bill exhibited commenced severall suites at the common Law for the cause here complained of against the plain●ant and his under Tenants therefore an Injunction is awarded against him Thorough good plaintant May aliis defendants Anno 21. Eliz. The defendant demurred generally without shewing any cause of his demurrer therefore ordered if he shew not good cause of his demurrer upon F●iday next a Subpoena is awarded against him to make a better answer Peachie plaintant Twyecrosse defendant Anno 21. Eliz. It is ordered that if the plaintants doe charge the defendants by their Bill for the issues and profits of Lands which do lye in the County of Lancaster meerely by way of account then the defendants shall not be compelled to answer if the defendants be charged in respect of their promise then they are to answer Wingfield Miles uxor plaintants Fleetwood aliis defendants Anno 21. Eliz. The suit was for certaine rents fines and Woodsales received by the defendants testator during the plaintants minority It appeared that if the plaintant had made good proofe hee was to be relieved therefore a Commission is awarded by consent Borrough plaintant A. B. defendant Anno 21. Eli. The Kings Order and Decree in Chancery for a Rule to be observed by the Chancellor in that Court exemplified and enrolled for a perpetuall Record there Anno 1616. IAmes by the grace of God c. Whereas our Right Trusty and Welbeloved Sir Francis Bacon Knight our Councellor and Attorney generall received a Letter from our Chancellor of England Dated the 19. of March An. Dom. 1615. Written by our expresse Commandment directing him and requiring him and the rest of our learned Councell to peruse such presidents as should be produced unto them from time of K. Henry the 7. and since of complaints made in the Chancery there to be relieved according to equity and conscience after Judgements in the Courts of the common Lawes in Cases wherein the Judges of the common Law could not relieve them And thereupon to certifie us of the truth of that they shall find and of their opinions concerning the same which Letter followeth in these words MAster Atturney His Majesty being informed That there be many presidents in the Court of Chancery in the time of King H. 7. and continually since that such as complained there to be relieved according to equity and conscience after Judgements in the Courts of the common Law in Cases where the Judges of the common Law could not relieve them being bound by their oath to observe the strict rules of the Law is willing to understand whether there be such presidents as he is informed of And therefore hath commanded me to let you know that his will and pleasure is that you call to assist you his Majesties Serjeants and Sollicitor and to peruse such presidents of this kind as shall be produced unto you and thereupon to certifie his Majesty of the truth of that you shall finde and of your opinions concerning the same and for your better directions therein I have sent you here inclosed a note in writing delivered unto me mentioning some such presidents in King H. the 7. time and since And I am told that there be the like in former times his Majesty expecteth your proceeding in this with as much speed as conveniently you may And so I rest Your very assured loving friend T. Ellesmere Canc. At York house 19. Martii 1615. ANd whereas our Attorney generall and the rest of our learned Councell did thereupon returne unto us their certificate subscribed withal their hands according to our commandment and direction given them by the said Letter which Certificate followeth in these words According to your Majesties commandment we have advisedly considered of the note delivered unto us of presidents of complaining and proceeding in Chancery after Judgements in common Law and also have seene and perused the originals out of which the same note was abstracted upon all which we do find and observe the points following 1. We find that the same note is fully verified and maintained by the originals 2. We find that there hath beene a strong current of practise of proceeding in Chancery after Judgement and many times after execution continued from the beginning of H. 7. Raign unto the time of the Lord Chancellor that now is both in the Raignes separatim of the severall Kings and in the times of the severall Chancellors whereof divers were great learned men in the Law It being in cases where there is no remedy for the Subject by the strict course of the common Law unto which the Judges are sworne 3. We find that these proceedings in Chancery hath been after Judgements in actions of severall natures as well reall as personall 4. We find it hath beene after Judgements in your Majesties severall Courts the Kings Bench common Pleas Justice in Oyre c. 5. We find it hath been after Judgements obtained upon verdict demurres and where Writs of error have beene brought 6. We find in many of the Cases That the Judgements are expresjudgementsly mentioned in the Bills in the Chancery themselves to have been given and reliefe prayed thereupon sometimes for stay of execution sometimes after execution of which kind wee find a great number in King H. the 7. his time 7. We find the matters in equity layed in such Bills in most of the Cases to have been matter