the Subpoena therefore he is committed to the Prison of the Fleet Bernard Richers plaintant Tho. Stilman defendant An. 1. Eliz. fo. 249. The defendant was served with a Subpoena the day of the return and for his not appearance an Attachment was awarded against him and upon oath that he was served sixscore miles of so as hee could by no possibility appeare therefore a Commission is awarded to take their Answers in the Countrey paying the plaintant 6 s. 8 p for his costs Henry George plaintant Henry Bolington and Ioane Deane defendants fol. 255. An Injunction is granted to discharge an execution by Elegit taken by the defendant out of this Court for that he being served with a Subpoena did not appear William Hobby plaintant Francis Kemp defendant Anno 1. Eliz. 274. The plaintant served one Rolfe with a Subpoena ad testificandum and after he was served before he could be examined Rolfe was pressed for a Souldier upon oath made hereof Attachment was stayed Richard Humble and Anne his wife plaintants William Malbe defendant Anno Eliz. fol. 3. The plaintant sets forth by his Bill that where there was a suit depending in the Dutchie court between the defendant and Christopher Aschugh his brother for certaine Lands It was agreed and the plaintant was bound to the defendat in 100 l. that the said Christopher should become bound by Obligation in the sum of 100 l. the tenth day of Iune following and should then also make unto him a release and the defendant was also bound by Obligation in 50 l. to pay the said Christopher a sum of money the 9. of Iune in the Parish Church of Daâ—e And because both the dayes of performance of the conditions of the said severall Obligations were so neer together therefore it was agreed that when the defendant paid his money the said Christopher should make his Bond and release and sheweth that the 9. day of Iune the defendant came not himselfe but sent his servant to pay the money and Christopher was there ready to make the bond release to the defendant and offered to deliver the same to the defendants servants but they refused to accept thereof and afterward the said Christopher offered the same to the defendant but he likewise refused to receive the same and yet puts the plaintants bond of 100 l. in suite in the Kings Bench hereupon an Injunction is granted with a clause si ita sit to stay all further prosecution of any action in any the Queenes Courts at the common law or else where upon the bond of 100 l. against the plaintant and also the taking of any Nisi prius or Judgement or execution upon Judgement if Judgement be already given upon the same Bond untill the defendant have made a perfect Answer and the Court take other order Aschughe plaintant Skelton defendant Anno 2. Eliz. fol. 9. and 12. A Commission is awarded to Thomas Ward one of the examinors of this court of Chanceâ—y for the examining of witnesses in perpetuall memory in which Commission the defendants may examine if they thinke good Barentine plaintant Harbert and Alice defendants Anno 2. Eliz. fol. 46. The defendant was bound by Recognizance to the Chamberlaine of London for payment of divers sums of money for Orphanâ— portions and departed out of the City and dwelt in Oxford shire leaving no Estate behinde him in the City so as the processe of the City cannot take hold therefore a subpoena is granted against him upon pain of 100 l. to appeare before the Major and Aldermen and to stand to their Order Major and Aldermen of London plaintants Iohn Dormer defendant Anno 2. Eliz. fol. 5. Afterwards fol. 67. ordered if he doe not appeare an Attachment is granted Sr Humphrey Brown Knight one of the Judges of the common Pleas is plaintant against the defendant and an order is made for bringing in and delivery into the court of certaine evidences Sir Humphrey Browne Knight plaintant Thomas Smith defendant Anno 2. Eliz. fol. 53. Nota that dismissions were entred at large Anno. 2. Eliz. fol. 55. and fol. 56. A decree was entred at large in the Registers Booke which be the first I finde entred at large in that kind and so after divers others The defendant appeared upon a Subpaena and answered the plaintants Bill and after attended upon the Lord Keeper for a matter in controversie between him and one Ellin Wâ—yne and in the meane time being arrested in London at the suite of one Anthony Brisket contrary to the order and priviledge of this court it is therefore ordered that a Subpoena of priviledge be granted to the Major and Sheriffes of London for the discharge of the said arrest Rich. Dutton plaint Will. Alersey defend An. 2. Eliz. f. 58. Forasmuch as Thomas Harbert Sheriffe of Monmouthshire hath returned non est inventus upon an Attachment awarded against Roger Williams who is a Justice of Peace and as is informed was at the last quarter Sessions holden for the same County therefore the Sheriffe is amercyed five pound Sir Thomas Stradling Knight plaintant William Earl of Pembrooke defendant An. 2. Eliz. fol. 84. The Defendants Attorney at Law was enjoyned to stay his proceedings at Law against the plaintant in an action of trespasse And notwithstanding this the defendant himselfe proceeded and got Judgement and took out alevari facias against the plaintant and an Injunction was granted against the defendant himselfe to stay the execution of the same Writ of levari facias or if he had executed it and levyed the dammage and costs that then he should bring all the money thereupon received into the Court of Chancery in Crastina Ascensionis Domini to be disposed of as the Court shall think fit and yet notwithstanding himselfe should be then present in Court to answer the contempt Iohn Segewick plaintant William Redman defend An. 2. Eliz. fol. 92. The Defendant was in possession at the time of the Bill exhibited and the plaintant entred upon him after the Bill therefore an Injunction for the defendant against the plaintant William Dowche plaintant Iohn Perrot defendant An. 2. Eliz. fol. 99. An Injunction was granted against the defend upon paine of 100 l. that he should not prosecute an Action of debt of 5 l. or any writ of Nisi prius Jury Judgement or execution of Judgement if Judgement be given before the Justices of either Bench untill speciall licence be given by this Court Thomas Stanebridge plaintant Thomas Hales defendant An. 1. Eliz. fol. 103. Forasmuch as it is informed the tryall of the truth of the matter resteth altogether in the Declaration of the defendant it is therefore ordered that the defendant shall be examined upon interrogatories to be ministred by the plaintant upon whose examination if the matter fall not out for the plaintant then the plaintaint to pay the defendant costs and
the cause to be dismissed Iohn Fyfield plaintant Iohn Vinore and Alice defendants An. 2. Eliz. fol. 122. The plaintant at the day appointed for hearing appeared not therefore the defendant is dismissed with costs Richard Fincham plaintant William Backwood defendant An. 2. Eliz. f. 125. The defendant notwithstanding an Injunction delivered unto him got a Judgement upon an action of debt in the common Pleas and decreed upon the hearing of the cause that the defendant shall within 14. dayes next after the decree resort to the Record in the common Pleas whereupon the said judgement is entered and there to confesse of record a full satisfaction of the said Judgement Nota the action of debt in the common Pleas was for not delivering to the defendant a Statute which by the depositions of witnesses appeared to be delivered and by the Clarke of the Staples cerficate the record was discharged Nicholas Colverwell plaintant Ralph Bongey defendant Anno 2. Eliz. fol. 126. It is decreed the plaintant his heires and assignes and his or their Farmors of the said Farme or Tenement called Stubles shall from henceforth hold and enjoy as appendant to the same Farme or Tenement called Stubles all the same Fould course or common of pasture for the full number of 300 sheep within the said fields of Wentforth alias Wentford Basill Fielding and Alice plaintants Thomas Wren defendant Anno 2. Eliz. fol. 137. and 155. The plaintant exhibited his Bill thereby shewing that there is question and controversie between two defendants for the reversion of the Mannor of Aldwell which he holdeth for yeares by Lease made thereof to him by one Anthony Marmyon and that he doth not know to which of them the rent and reversion is due and therefore desireth that upon payment of his rent into this court according to the Covenants and articles of his lease he may be discharged saved harmelesse from molestation suite and trouble for the same rents by the defendants or either of them wherefore it is ordered an Injunction be awarded against the defendants not to molest the plaintant for his said rent during the said contention so as the plaintant pay his rent into this Court Iohn Alnete plaintant Christopher Bettam and Edmond Marmyon defendants Anno 2. Eliz. fol. 141. Upon hearing of the matter three witnesses examined by Commission did in open court depose that the commissioners have set downe their depositions otherwise then they did depose therefore it is ordered those depositions shall be void and the same witnesses shall be examined again Iohn Peacock plaintant Edward Collens defendant Anno 2. Eliz. fol. 146. For that the Court was credibly informed the plaintant was in peaceable possession at the time of the Bill exhibited and three yeares before an Injunction is awarded Iohn Sapcote plaintant William Newport defendant Anno 2. Eliz. fol. 173. The suite was concerning the custome of Tenant right for Lands in Dent in the County of Yorke and for that both parties confessed that Justice Dallison and Serjeant Rastall Justices of Assizes in that County had made an award in the cause between the parties therefore it was decreed that both parties should performe it and an Injunction is granted to either party against the other for that purpose and where an Injunction was the last Terme granted against the defendant for stay of execution upon a Judgement in the common Pleas it is ordered the said Injunction shall stand in force and the defendant shall obey the same and the defendant shall answer the plaintants Bill William Burtet and Alice plaintants William Redman defendant An. 2. Eliz. fol. 174. It is ordereâ— the Injunction formerly granted the defendant for stay of his action in the Kings Bench be dissolved and the defendant to be at liberty to take Judgement upon his action of bebt of 500 l. Provided if the plaintant doe bring into court on Munday next 223 l. then execution for the rest is to be suspended untill this Court take other order Thomas Stanebridge plaintant Thomas Hales defendant An. 2. Eliz. fol. 176. The plaintant exhibited his bill in this Court and before the defendant answered had a Commission to examine his witnesses upon pretence the witnesses were old and in danger to dye Sir Radnus Bagnold Miles plaintant Greene defendant An. 2. Eliz. fol. 178. The defendant first exhibited her Bill in this Court for land conveyed to her in joynture and evidences of the same land and after did molest the same plaintant by distresses after answer and replication put into this Court therefore an Injunction is granted Richard Kidnere plaintant Agnes Harrison defendant An. 2. Eliz. fol. 173. The plaintant setteth forth that his Father and he are joyntly seized for life of the Lordship of Barrington in the County Palatine of Durham and that the defendant sues his Father for those lands before the Chancellor of Durham and for that it was informed that the plaintant dwelleth in Ratcliffe in the County of Middlesex and that the plaintants Father is an old diseased man and not able to follow his suite therefore a Certiorare is granted directed to the Chancellor of Durham to certifie into this Court the whole matter depending before him William Hilton and Alice plaintants Râ—â—â—rt Lawson and William Lawson defendants Anno 2. Eliz. fol. 200 l. The plaintant being sonne and heire to his Father who dyed intestate entred into the house whereof his Father dyed seized in Fee and possessed himselfe of certain small parcels of goods to the value of 5 s. of his Fathers goods who dyed intestate and the defendant having an Obligation of 400 l. made by the Father unto him for performing the covenants of an Indenture sued the son as Executor to his Father who dyed intestate and upon the testimony of some witnesses that the plaintant had sold or given away the said small parcels of goods a verdict passed for the defendant for the whole 400 l. which appeared by Certificate of the Justices of Assizes and thereupon an Injunction was granted to stay Judgement and all other actions to be commenced by the defendant against the plaintant upon the same Obligation untill the matter be heard or otherwise determined by the Court Edward North plaintant George Keâ—ewich defendant Anno 2. Eliz. fol. 237. It is ordered if the defendant shew not cause on Friday next then the Injunction before granted for the defendant against the plaintant to stay his Execution in the Kings Bench shall be dissolved or else the money for which the plaintant lyeth in Execution at the defendants suite shall remaine in his hands in part of payment of such money as is due unto him by the defendant and afterwards upon Fryday because the Lord Keeper did not sit in Court to hear such cause aâ— was offered further day was given and afterwards the plaintant was left at liberty to call for Execution upon the Judgement because
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 weâ—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 Edmâ—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 plainâ—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 Fâ—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
precedent before the Judgements and not matter of agreement aâ—â—â—â— 8. We find in the said cases not onely the Bill preferred but motions orders injunctions and decrees thereupon for the discharging and releasing of the Judgements or abiding the possession thereupon obtained and sometimes for the meane profits and the release of the costs c. 9. We find in some of the cases in this very point that Judgement hath been given hath been stood upon by the defendants and alleadged by them by way of demurrer and overruled 10. We find that the Judges themselves in their own Courts when there appeared unto them matter of equity because they by their oath and office could not stay the Judgements except it be for some small time have directed the parties to seeke reliefe in Chancery 11. We find that this hath not onely been in the times of the severall Chancellors but by the Judges themselves and that without difficulty when they sate in Chancery in the vacancy or absence of the Chancellor 12. We find the hands of sundry principall Councellors at Lawâ— whereof divers of them are now Judges â—â—d some in chieâ—e place in Bills of this kind 13. Lastly here were offered to have beene shewed unto us many other presidents whereof we heard some read and found them to be of like nature with those contained in the note Francis Bacon Randell Crew Henry Mountague Hen. Yelverton And whereas also our said Attorney received one other Letter from our said Chancellor with a case there inclosed written likewise by our expresse commandment dated the 27. of March 1616 directing requiring him and the rest of our learned Councell together with the Attorney of our deare sonne the Prince to confer together upon the said cause and to consider advisedly of al the parts thereof and thereupon to peruse all the the Statutes of Praemunire or Provisoes and all other Statutesâ— as they shall conceive to be necessary to be considered of for the resolving the question propounded in that case and thereupon to report unto us their opinions in writing concerning the same which Letter and Case there inclosed follow in these words MAster Attorney His Majesty hath perused this case inclosed and hath commanded me to send it to you and his will and pleasure is that you call unto you Mr. Sarjeant Mountague Mr. Sarjeant Crew Mr. Sollicitor and Mr. Walter the Princes Attorney and you confer together thereupon and conâ—ider advisedly and deliberately of all the parts thereof and thereupon to peruse all the Statutes of Praemunire or Provisors and all other such Statutes as you shall conceive to be necessary to be considered of for the resolving the question propounded in this case this his Majesty would have be done with mature deliberation and yet with as much speed as conveniently you can and when you have sufficiently informed your selves therein then to report to him your opinions in writing and so I committ you to God and rest Your very loving friend T. Ellesmore Canc. At York house the 27. of March 1616. A. hath Judgement and execution in the Kings Bench or common Pleas against B. in an action of debt of 1000 l. And in an ejectione Firmae of the Mannor of D. B. complaines in the Chancery to be relieved against those Judgements according to conscience and equity allowing the Judgements to be lawfull and good by the rigour and strict rules of the common Lawes and the matters in conscience and equity such as the Judges of the common Law being no Judges in equity but bound by their oathes to doe the Law cannot give any remedy or reliefe for the same either by error or attaint or by any other meanes Questio Whither the Chancery may relieve B. in this or such like cases or else leave him utterly remedilesse and undone and if the Chancery be restrained by any Statute of Praemunire c. Then by what Statute or by what words in any Statute is the Chancery so restrained and conscience and equity banished excluded and damned and whereas according to our said commandment our said learned councell and the Attorney of our deare Son the Prince returned unto us a Certificate of their opinions upon the said Statutes under all their severall hands concerning the same case which Certificate followeth in these words According to your Majesties Commandment we have deliveratly advised of the case sent unto us by the Lord Chancellor and of the Statutes as well those of Praemunire as others as far as we take it may concerne the case and for our better information therein wee have thought fit to send for and peruse the originall Records themselves remaining in the Tower of London of those Statutes not onely appearing upon the Roll of Parliament with the Kings answers which is the warrant to the Roll of Parliament We have also taken into consideration as well Booke Lawes as divers other Acts of Parliament which may give light unto the Statutes whereupon the question properly growes together with such ancient Records and presidents as we could find as well those which maintaine the authority of the Chancery as those which seeme to impeach the same and upon the whole matter we are al of opinion that the Chancery may give reliefe to the case in question and that no Statute of Praemunire c. or other Statute restraines the same And because we know not what use your Majesty will be pleased to make of this our opinion either for the time present or future we are willing to give some reasons of the same not thinking fit to trouble your Majesty with all those things whereupon we have grounded our selves selecting out some principall things which moved us to be of this opinion to the end this same may be a fuller object of your Majesties Princely Judgement whereunto we alwayes submit our selves And first we must lay for a sure foundation that which was contained in our former Certificate concerning the continuall practise by the space now of six score yeares in the times of King Hen. the 7. King Hen. the 8. King Edward the sixt Queene Mary and Queene Elizabeth of this authority and that in the time when the same authority was mannaged not onely the Bishops which might be thought lesse skilfull or lesse affectionate towards the Lawes of the Land but also divers great Lawyers which could not but know and honour the Law as the meanes of their advancement Sir Thomas More and the Lord Audly the Lord Rich Sir Nicholas Bacon Sir Thomas Bromley and Sir Iohn Puckering and further that most of the late Judges of the Kingdome either as Judges when they sate in Chancery by Commission or as Councellors at Law when they set their hands to Bills have by their judgement and councell upheld the same authority and therefore for as much as it is a true ground That optimus legum interpres consuetudo especially when the practise or custome passeth not amongst vulgar persons but
till the Lord should recover it for the forfeiture by the common Law in the case of Mr. Litton Mich. 41. and 42. Eliz. Justice Clench and the Masters Tenure by Tenant Right as it is usuall towards the borders of Scotland shall not pay any uncertaine fine or incombe at the change of the Lord by alienation but by death which is the Act of God for otherwise the Lord might weary the Tenant by frequent alienations but it may be fine uncertaine upon the alienation of the Tenant as well upon death as discent for that it is the Act of the Tenant and in his power Sir Thomas Egerton Mich. 1599. Case Mannor de thwaites les Iustices accord the same holdeth in Copyholders for the custome must be reasonable A Copyholder in Fee surrendreth to the use of one and to his Heires upon condition of redemption writeth downe his debts and willeth part of his Copyhold to be sold for payment of his debts after his death one of the creditors payeth the money at the day to the morgage who neverthelesse inrolleth the surrender afterward this other creditor complaineth against him and the Heir in Chancery and had a decree that the Copyhold should be sold for the payment of debts and the remainder of it if any were should discend to the Heire 41. Eliz. For although the devise of the Copyhold be void yet to take it from the surrendree who held it onely for money to be paid and to pay him and the other creditors therewith hath good warrant in equity and the Heire hath no wrong for that it was gone from him by the surrender lawfully Termino Trinitatis 40. Eliz. the Lord Keeper Sir Thomas Egerton pronounced openly that he for avoyding perjuries and other abuses would not give help to a Lease claimed by paroll onely One Cutting brought an action upon Assumpsit for one hundred pound against the Executors of a Testator that promised the money in marriage with his daughter and recovered at the common Law which judgement was reversed in the Chequer Chamber but Cutting sought help in Chancery where it was proved that the Executors had Assets for Funeralls Debts and Legacies with a good overplus to satisfie the complainant and therefore after hearing and report thereof by Doctor Stanhope and Mr. Lambert it was decreed for the complainant but the Executor exhibited his Bill for remedy upon which Justice Owen thought he was not to be heard till he had satisfied the decree and then also but onely upon new matter not thus resting the Executor exhibits a second Bill which was referred to Master Lambert but he excused himselfe that he was not to judge in his own cause and recommended it to the censure of the Lord Keeper who ordered the Executor to performe the first decree Micha 40. Eliz. 1598. Trinity 41. Eliz. The Lord Egerton pronounced openly that he would give none aide in Chancery â—or the maintenance of any perpetuities nor of any Lease for hundredâ— or thousands of yeares made of lands holden in Capite because the latter be grounded upon fraud and the former be fights against God A. was bound in a Statute to B. And one C. lendeth 100 l. to A. with which A. bought lands and assured the same to C. for his hundred pound A faileth in payment B. extended that land C. was denyed help in Chancery although the land was bought with his mony for B. hath priority of right in Law without Covyn Crompton 63. a. A. delivereth twenty pound to B. to the use of C. a woman to be delivered her the day of her marriage before her marriage A countermandeth it and calleth home the money C. shall not be ayded in Chancery because there is no consideration why she should have it Dyer 49. A Term or devised his Terme and whole Lease to B. Provisoe that if B. dye living C. Then the Terme shall wholly remaine to C. B. selleth the Terme and dyeth living C. And by the opinion of the Justices C. shall have no remedy Dyer 74. The Vice Countesse Mountague claimed the Wardship of the body of the Heire of a Tenant of hers which was esloyned from her 〈◊〉 she suspecting some of the Heires friends exhibited her Bill in Chancery and it seemed they should not answer to charge themselves criminally especially in this Case where so great a punishment as abjuration may follow c. Cromer and Peniston married two Sisters joyntly possessed of a Lease for yeares the wife of Cromer dyed Peniston claimed the whole by Survivor Cromer exhibited a Bill suggesting that Peniston had in her life time severed the joyneture by some act â—ecretly The Lord Keeper over-ruled that the defendant should not answer Mich. 39. and 40. Eliz. As concerning confidence secretly knit to Estates it hath manifold considerations first if my Feoffee upon confidence doe infeoffe another bona fide that knoweth not of the confidence I am without remedy Fitz Harbert sub 19 But if the second Feoffee have notice of the use he shall be compelled here to performe it 5. E. 4.7 So if my Feoffee dye and the land discend to his Heire I have no remedy against him 8. E. 4.6 All the Justices and this confidence extendeth not onely to the taking of the profits but also that the Feoffees shall doe acts for the good of the Feoffor and if the Feoffor require him to make an estate to any other he oâ—ght to doe it but thereof he ought to have request in writing for he is not to doe it upon a bare message or upon desire by word onely 37. H. 6.35.36 And if the Feoffor will have him make an Estate to I. for life the remainder in Fee to B. though I will not take the Estate yet B. shall compell him to make Estate to him in the life of I. ibid. 36. Finch So if the Feoffee be disseised the Feoffor shall compell him to sue an Assize 2 E. 4.7 Neverthelesse those Feoffees might grant necessary Offices as Stewardships Bailyweeks c. though they may not grant Annuities to learned men to defend the Land 8. H. 7.12 They may also as it seemeth give Fees to Councell and shall have allowance thereof so far as they are from being maintainors If I give money to one to purchase Lands therewith to him and his Heirs and to permit me to take the profits thereof during my life and he with-holdeth the profits he shall be compelled by Subpoena Crompton Fol. 48. b. If Cesti que use be attainted of Felony the Lord shall not be ayded by Subpoena to have his escheat and if the Heir be barred by the corruption of his bloud then the Feoffee as it seemeth shall retaine the Land to his own use 5. E. 4.7 Feoffments of use Brooke 34. When the use is to the Feoffee and his Heirs without any other intent there Cesti que use
is ordered the plaintant shall between this and Friday next bring into this Court a certificate from the officers of the Queens house or otherwise whereby this Court may credibly understand that his attendance in Court is necessary and that he cannot conveniently be absent or if he cannot so doe then the matter is remitted to the determination of the Commissioners in the marches of Wales Phillip Mannering plaintant Henry Smallwood and Alice defendants Anno 1. Eliz. fol. 51. Mannering plaintant Smallwood and Alice defendants for want of a certificate that the plaintants attendance in Court is necessary the cause is dismissed into the marches of Wales Anno 1. Eliz. fol. 62. The plaintants husband was bound in a Statute of 160 l. to pay 160 l. and after by Indenture the defendant did grant unto the plaintants husband that if he failed in the payment of the said 160 l. the same should be levyed of certaine lands then the said plaintants husbands lands called Stirbeck and some other lands specially named lying in Hawthorne in the County of Lincolne the husband dyed and the defendant sued execution as well of other lands in the occupation of the plaintants late husband as of the said lands mentioned in the Indenture And Sir Nicholas Bacon Lord Keeper of the great Seale of England granted an injunction against the defendant immediately to remove from the possession of all the other lands except of those onely contained in the Indenture and that he should quietly suffer the plaintant to enjoy the same Margaret Pulvertost widdow plaintant and Gilbert Pulvertost defendant Anno 1. Eliz. fol. 51. An Injunction was granted to the plaintant upon the surmises of his Bill with this clause si ita sit that the plaintant be in possession by good conveyance in Law as he alleadgeth Nota it was then usuall to grant Injunctions upon surmises with a proviso si ita sit Fodringham Christopherus plaintant Richard Chomeley defendant Anno 1. Eliz. fol. 67. Forasmuch as the defendant is under age and by inspection not above the age of fifteen yeers therefore George Wyat is by this Court named and appointed Gardian to the defendant Hugh Langley plaintant and Philip Mark defendant Anno 1. Eliz. fol. 73. A Commission is awarded to the Sheriffe of Nottingham and â—erby to put the plaintant in possession of certain lands for which he formerly had an Injunction against the defendants which they have disobeyed William Boles plaintant Richard Walley and Alice defendants Anno 1. Eliz. fol. 84. The defendant is enjoyned in open court upon paine of 200 l. not to proceed any further in an action upon the case by him commenced in the Kings Bench against the plaintant nor that he procure the Jury to be sworne in the issue but onely to record their appearance untill to morrow at which time further Order shall be taken by the Court George Riche plaintant Edmond Foard defendant Anno 1. Eliz. fol. 88. Upon information the defendant disobeyed a writ of subpoena brought to be served against her and that they which should have served the said writ were beaten and wounded therefore an Attachment was granted against the defendant and a subpoena against Edmond Pirton returned immediate William Rove and Rose his wife plaintants Agnes west widdow defendant Anno 1. Eliz. fol. 90. and 97. Where the said Edward Pyke hath of long time been aâ—d yet is in execution upon a Statute at the suite of the late King Edward the 6. Forasmuch as upon the examination of the matter befoâ—e the Lord Keeper of the Great Seale of England in open Court it manifestly appeareth that there was not just cause why the said Pyke should remaine in execution as Gâ—lbert Gerrard and Rosewell Esquire the Queenes Majesties Attorney and Solliciter Generall being present did confesse and agree It is therefore now ordered that a Writ of supersedeas be directed to the Warden of the Fleet in whose custody the said Pyke now is commanding him by the same forthwith upon the receipt thereof to deliver out of prison the body of the said plaintant provided alwayes before his deliverance he be bound to her Majesty by Recognizance in 100 l. not onely to make his further appearance to answer her Highnesse any thing hereafter shall happen to be laid to his charge concerning the said execution but also to stand to and obey all such order and determination as the said Lord Keeper of the Great Seale and this court shall hereafter take in the matter in variance between him and the said Graunt Edward Pyke plaintant Robert Graunt defendant Anno 1. Eliz. fol. 166. Pakine the Husband onely appeared and put in a demurrer in both their names without oath of impotency or otherwise for non appearance of Ioan his wife whereupon an Attachment is awarded against the defendants Thomas Spicer and Katherine his wise plaintants Iohn Pakine and Ioanâ— his wife defendants An. 1. Eliz. fol. 170. Thomas Hodge plaintant William Smith defendant the defendant demurred by his Counsell not appearing in person therefore a Subpoena was awarded against him to make a direct answer An. 1. Eliz. fol. 230. Iohn Iackson Attorney for the defendant at the common Law is in open Court enjoyned that neither he nor any other by his means do further proceed in an action of tresp commenced against the plaint and depending at the coÌ„mon law nor call for Judgement untill further order shall be therein taken by the Lord Keeper of the great Seale of England and high Court of Chancery Iohn Sedgewick and Alice plaintants Will Redman defendant An. 1. Eliz. fol. 212. The plaintant served the defendant with a Subpoena to appear in Chancery whereof he made oath and because the defendant did not appear and Injunction was awarded against the defendant his Councellors and Attorneyes upon paine of 200 l. not to proceed in Judgement in an action of debt of 40 l. in the common Pleas against the defendant An. 1. Eliz. fol 213. Thomas Knot plaintant Thomas Iackson defendant David Eyre was served with a Subpoena ad testificandum for the plaintant in a cause depending in this Court and Thomas Eyre made oath that the said David Eyre was at the serving of the said Subpoena upon him and yet is so sick that he is not able to travell hither to testifie therefore a Commission is granted to such Commissioners as the plaintant will nominate to examine him Iohn Wade plaintanr Gwye and Alice defendant An. 1. Eliz. fol. 240. An Attachment was awarded against the defendant for his not appearance upon oath he was served with a Subpoena who now appeared gratis and would have excused himselfe that he had no notice of the Subpoena but he that served the Subpoena deposed he did hang the same upon the defendants doore and within halfe an houre after saw him abroad with a writ in his hand which he supposed to be
except the Court Baron Fraud or covyn in goods Grand Lease forfeited by covin. Laesione fideâ— Canonica Iâ—â—uria Conuâ—ee To avoid future perjury Payment for the principall by the surety Deeds brought into the Court Waste hol pen in Chancery Tulier and Bastard Ioneâ—n suing â—heir livery Action of the case seeketh dammages subpoena rem â—psam Fines fraudulent Executors how upon trust No reliefe against a voluntary act Joint Tenants one taking the profits Defendant examined as a witnesse Generall customes reduced to certainty by agreement in a mannor Statute acknowledged in my name by a stranger Power to make leasses Coppyhold tayled surrender Abating a Bill Leases devised to his wife on confidence to come to his Son not relieved Possession bound by decree and the partie prohibited to sue at common law Grantee distrains one who prayeth reliefe ordered he sue the rest and the Grantee the one to contribute and the other to accept of equality Contents of â— Mannor as it was 60. years past Executrix huâ—band â—rdered to pay debts Plaintant mistaking his Title in his Bill Lâ—easses convâ—yed in trust to pay debts Heire of purchasor charged with payment of money behinde for the land Proceedings in a cause where there is no full proofe Coppy good by devise without mention of surrender Turning of water courses from Mills holpen Waste forbidden in Chancery where not punishable at Law Archbishops Certificate against Bloomer for not paying a maides portion Witnesses ad informand conscientiam Five pound costs given in a demurrer and the Councellor prohibited to deale any more in Chancery Fines of Coppyholds how ordered in Chanry Lease paroll Promises Witnesses Proceeding on the Staâ—tute for charitable uses Lands intended to be given to a Schoole after otherwise disposed by will Cuttings case No help in Chancery touching power to make Leases Decree against infants Amending of Answers Misdemeanor in Commissioners how to be reformed Deeds how to be proved Leases of Corporations wheâ—ein their names are mistaken by themselves Leassee to be holpen in Chancery against Pattentees Chancellor calling the Judges into the Exchequer Chamber upon remainders of a Lease Costs against the defendant and Clerk thaâ— made processe before a Bill in Court Publication of witnesses in perpetuam rei memoriam a yeare past Consil. Consil. The manner of entring decrees in times past Dismissions and the manner of entriâ—g them Oath made for serving a Subpoena before witnesses examined in perpetuall memory Consilio Commission to examine in perpeâ—uall memory Consilia Costs for a witnesse served to testifie before the Major of London Publication of witnesses to be used at a Court Baron Injunction to stay proceedings in Judgement or execution Femâ—sole takes out a Subpoena and then marryeth and serveth it she and her husband pay costs Commission to take the defendants answer upon a languidus returned Injunction to put the defendant in such possession as he had at the time of the Bill exhibited Jurisdiction of Wales rejected Consil. Injunction to stay suite of execution of land which he agreed not to doe Injunction with a clause si ita sit A gardian admitted to the defendant infant A Commission to put the plaintant in possession Injunction being dissolved or disobeyed The defendant enjoyned in open Court not to proceed in his action Attachment against the defeâ—dant and a subpoena against one supposed to beat the server The plaintant was in execution at the suite of the King and being no just cause therefore he was delivered by supersedeas The Husband and wife defendants he onely appears and demurs Attachment against both A demurrer put in and the defendant appeared not in person a Subpoena to make direct auswer Attorney at Law enjoyned not to proceed or call for Judgement An Injunction granted for not appearing and to stay proceedings at the common Law A Commission to examine witnesses upon oath of impotency A defendant appearing gratis an Attachment being out was committed The defendant served with a Subpoena the day of the returne An Injunction to discharge an execution for that the defendant being served did not appear A witnesse served to testifie pressed for a Souldier Attachment is stayed Injunction si ita sit to stay Judgement and Execution Injunction to stay proceedings before action brought A Commission to the examinor of the Court to examine wâ—tnesses A Subpoena to appeare before the Major and Aldermen of London for an Orphans Portion An Order for bringing Evidences into Court Decrees and dismissions entred at large A Writ of priviledge granted to a suter The Sheriffe amersed 5 l. for returne non est inventus upon an Attachment having bin in presence of the party The Attorney ordered to stay proceedings the defendant proceedeth Injunction to bring in the money levyed and to answer the contempt Injunction for the defendants possession Injunction to stay all proceeâ—ings at common Law The defen. examined upon Interrogatories and if the matter appeare not for the plaintant then he to pay costs and the cause dismissed Defendant dismissed with costs the plaintant not appearing at the hearing Decreed that the defendant shall acknowledge satisfaction of a Judgement A decâ—ce for a fould-couâ—se or common of pasture Two defendants contend for a Tenement the Tenant paying his Reâ—t into the Chaâ—cery iâ— discharged Setting down depoâ—itions in a wrong â—enâ—e suppressed and the witnesses examined againe Iâ—junction for the plaintants possession as at the time of the Bill and three yeaâ—es before An Award made by Justices of Assize ordered to be performed Injunction to stay suits Iâ— the plaintant bring 223 l â—â—to court execution to stâ—y for the rest Witnesses examined by commission before answer in regard they were old The plaintant after Bill answer and replication distraineth for which an Injunction is granted Certiorare to remove the suite from the Chancery of Durham into this Court Injunction to stay judgement upon certificate of the Justices of Assizes Injunction dissolved if cause be not shewed Injunction to stay the defendants suit at Law because he began in Chancery The plaintant being in execution upon a Statute was delivered upon Recognizance The plaintant had execution for 300 l. and ordered to take execution for 100 l. onely A de vilaica removenda for part of a personage and an Injunction for the house Injunction for the corn sowed upon a lease paroll Decree for 3 s. 4 d. rent service and suite of Court The plaintant marrieâ— before answer and no advantage taken therefore no Bill of revivor Advowson passeth not by livery within view of the Church without deed there being incumbent A ducens tecum to bring in deeds but ordered to be delivered to the usher of the Court not to the plaintant The defendant took a Commission and returned a demurrer ordered to answer Attachment for not performing a decree The defendants executors to their Father being Gardian in Socage to the plaintant are ordered to answer for profits taken by him Subpoena delivered to the
defendants wife in his house sufficient A years value allowed upon surrender of Copy hold Land The plaintant sueth for tokens he delivered to the defendant as a suiter in marriage and obtaineth them A Bill against a Copy of Court Roll indirectly entred the defendants demurre but ordered to answer Variance in a Bill of Revivor from the first bill dissolved Jurisdiction of Oxford rejected one of the defendants being not resident there Prosecuting contempt after a generall pardon to pay costs Subpoena hanged on the door of an house where the defendant resorted Witnesses examined by fraud suppressed and the practizers to be proceeded against by Bill Jurisdiction of Lancaster allowed Suit to have the defendant performe an award Two defendants the one taketh a husband the plaintant puts in a Bill of revivor against husband and wife and they discharged with costâ— The plaintant oâ—dered not to proceed till he make one a party whom the defendant prayeth in ayde Injunction left at the defendants house and disobeyed an Attachment A Commission of rebellion the bond made to the Commissioners The bond made to the Lord Chancellor c. Witnesses examined after publication ad informandum conscientiam Iudicis Costs for want of a Bill shewing the Subpoena but delivering no note of the dâ—y of appearance and attachment for such serving Jurisdiction of Chester allowed A Covenant to repaire a house the defendant would not suffer it and demurred but ordered to answer Jurisdiction of Chester allowed A Subpoena served to testifie in the Guild-hall and not appearing an Attachment A Bill against Roger Hall and another Roger Hall was served he must shew it by Plea and not by motion Costs to witnesses served to testifie Costs paid to a witnesse before he be examined A Solliciter served with processe to testifie ordered not to be examined A man and wife exhibite their Bill the wife dyes the defendant demurs for that there is no Bill of revivor ordered to Answer The sollicitor served to testifie is discharged Consiliâ— The Leasses of a Copyholder is punishable in waste though the Copyholder himselfe be not A Bill of perjury proceeded in this Court Suite to have an award by assent decreed To stay suit in the spirituall court Suite for common of pasture and Turbary Subpoena delivered to the defendants servant Subpoena served at the sâ—â—te of aâ— unknown man and no Bill in Court the server to pay costs The husband appeares and the wife not Attachment against them both Jurisdiction of Oxford Consil. A Mr. and examinor examined witnesses publication stayed after granted The plain father seized in Fee with a condition to reenter deviseth for life A ducens teciâ— The defendant licensed to depart after issue Trustee ordered to coâ—vey the Lands according to the trust Jurisdiction of the Excheqner rejected for that one of the defendants had no priviledge there The defend in a Bill of perjury after answer ought to be examined upon interrogatories The plaint requires the defendant to appear shewing no writ and no Bill in Court hath 20 s. costs Affidavit for serving a Subpoena The defend hath no cost because the Subpoena is lost but Attachment is stayed Costs for want of a Bill The defend disclaiming no witnesses to be examined touching the death of another The defen. bound to pay money at one place pleads payment at another not good A demurrer to a Bill of revivor ordered to answer The wife after the death of her husband sueth a Bill of revivor and good To take bond of such as appear upon contempt to attend from day to day The defen. demurres for that there is remedy at common law but ordered to answer Habeas corpus to the warden of the Fleet to have the defendant in Court to be charged with a debt upon a recognizance Costs for the Solliciters charges in making Affidavit for serving processe and the defendants impotency no Bill being in Court Costs for want of a Bill upon shewing the Writ but not delivering it Attachm discharged and a Bill of perjuâ—y for procuring it indirectly The Lord Chancellor writ his letters to a Noble man that had broken a decree Injunction against the spirituall Court Attachment upon the defendants confession he was served Jurisdictio of Oxford allowed Decree for Copyhold lands Costs for want of a Bill the Subpoena being lost Dismission because under 40 s. per annum Jurisdiction of Wales allowed being under five pound Suit retained after Judgement and execution Costs against the plaint for want of a Bill Commission to set out meet wayes for passages An English Bill for perjury Injunction to stay judgement in an action of wast Reliefe for a trust upon a Lease after it is sold A Bill for reliefe after Judgement and execution dismissed A Bill upon a promise for leave to dry clothes in a garden dismissed Attachment for not appearing upon a Subpoena Day given to the Sheriffe to returne an Attachment upon paine of 5 l. Consil. Injunction to stay suits because the Queene was deceived of her fine Consil. The Heire is sued to make a lease for which his elder brother tooke a fine or to repay the fine The Clarke is fined 40 s. for his mistake in making a Subpoena Subpoena delivered to the wife good The plaintâ— refusing to seale a release the defendant puts a bond in suite and stayed by Injunction Attachment with Proclamation discharged paying the ordinary Fee answer being in befoâ—e One Executor sueth the other to put in sureties to performe the Will The contempt discharged and â— new Commission granted to take the defendants answers Prohibition for Tythes of Lands held in Capiâ—e Costs for want of a Bill oath made befoâ—e the Major of Totnes Attorney present in Court enjoyned not to proceed at common law Suite for â—ent of 10 s. Affidavit the he saw a Subpoena served Atâ—achment against witnesses served to testifie Atachment upon the defendants confession he was served Two joint tenants the one dyeth the other ordered to make Estate according to the Will Witnesse that answer insufficienâ— againe examined Jurisdiction of Chester allowed A suit for a Hawk and evidences dismissed The Bill dismissed because the councellors hand is counterfeit Costs for prosecuting contemâ—ts and none proved Fraud by makâ—ng a lease after a feoffement and before livery and seizin Suit stayed in the Kings Bench because it was removed from London Suit for common A Bill for 6 l dismissed Costs upon a Billet delivered to a brother and no Bill in Court Commission to take the defendants answer upon oath of impotency before the Mayor of Totnes Consil. Consil. The defen. 70. years old Jurisdiction of Wales allowed Consil. Attachment upon oath before the Bayliffes of Mountgomery Consilio Dismission because under 40 s. per annum Injunction for defrauding the Queen of her fine Consil. Attachment upon oath before the Major of Tâ—tnes Jurisdiction of the Mannor of Woodstock overruled Commission to examine in perpetuall memory Leâ—ssee not named