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
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
the defendant shewed no cause Thomas Hales plaintant Thomas Stanebridge defendant Anno 2. Eliz. fol. 244. The defendant exhibited his Bill into the Chancery for certaine Lands and afterwards sued the plaintant in the Common Pleas for the same Lands before the matter was determined in the Chancery therefore an Injunction was awarded against the said Body to stay his proceedings in the common Pleas Robert Bill and Thomas Gifford plaintants Iohn Body defendant Anno 2. Eliz. fol. 263. The undersheriffe of Middlesex brought into this Court the body of the plaintant by commandment of the Lord Keeper in execution upon a Writ of extent of 300 l. together with the said Writ at the suite of Sir Edmund Maliverer Knight and by order of Court he was taken from the Sheriffe of Middlesex and delivered in execution to the warden of the Fleet for the 300 l. and because the defendants shewed no good cause to the contrary upon a day given them therefore it was ordered that upon Recognizance by the plaintant and good sureties to stand to the order of the Court or else to yeeld his body prisoner to the Fleet in execution and there to remaine untill the defendant be satisfied he the plaintant shall have liberty to goe at large and that the defendant shall not sue for any manner of Execution by force of the said execution Robert Rosse plaintant Christopher Lassels and Alice defendants Anno 3. Eliz. fol. 90. The plaintant had Judgement in the Kings Bench against the defendant upon a Bond of 200 l. and another Judgement for 300 l upon an action of debt of arrerages of account in the Kings Bench and ordered they may proceed with execution upon the Bond of 200 l. and also to take execution of 100 l. parcell of the 300 l. provided alwayes and it is ordered the plaintant shall not in any wise proceed nor take execution of the 200 l. residue of the 300 l recovered upon the accompt without speciall license of the Court Iohn Brooke and Katherine his wife plaintants Thomas Apprice defendant Anno 3. Eliz. fol. 233. The plaintant sheweth by his Bill that the personage of Thekelye was holden by force whereby the plaintant could not be inducted whereupon a Writ of de vilaica removenda was awarded out of this Court and thereby the plaintant put in possession by the Sheriffe neverthelesse the defendant keepeth the possession of the said house appertaining to the personage and for that the plaintant is bound to pay his first fruits to the Queenes Majesty therefore an Injunction is granted against him Thomas Boult Clerk plaintant Sir George Blunt Miles and Alice defendants An. 3. Eliz. fol. 262. The plaintant made Title to the lands by a Lease paroll made by the defendant unto him whereupon he did sow the ground with Corne and the defendant entred upon him therefore the plaintant had an Injunction for the Corne Thomas Harrison plaintant Richard Chomeley Miles and Alice defendants An. 3. Eliz. for three hundred pound It is decreed the desendant and his Heires shall from time to time yearly pay to the plaintant and his heires Lords of the Mannor of Knebworth the rent of 3 s. 4 d. for the peece of ground called the Hawâ—e together with the arrerages thereof since the 6. of Ed. the 6 And shall from henceforth doe suite and service to the Court of the plaintant and his Heirs owners of the said Mannor and the plaintant and his Heires shall have and receive the fines and amercyaments presentable in the Court of the Mannor for any trespasse or lack of service done by the Tenants of the said Hawte Richard Litton plaintant Iohn Couper defendant An. 6. Eliz fol. 145. It is Ordered a Subpoena be awarded against the defendant to be examined upon interrogatories whether before his Answer he had knowledge that the plaintant was marryed and would take no advantage of the same marriage in his Answer then the matter to proceed without Bill of revivor Christian Fairefield plaintant Robert Greenfield defendant An. 6. Eliz. fol. 150. The question of the case drawn was whether the advowson in question did passe by the livery made in the view of the Church without deed or not the Church being full of an incumbent and resolved by the Lord chiefe Justice of the Kings Bench and Justice Manwood to whom the same was referred that the Advowson could not passe by that livery Pannell plaintant Hodgson alias Hodson defendant Anno 18. and 19. Eliz. A Subpoena Ducens tecum was awarded against the defendant to bring in certaine deeds and to shew cause why the same should not be delivered to the plaintant the defendant by his councell shewed that the Morgage was upon condition for payment of 40 l. at a day and before the day the Morgager sold the same over to the plaintant and delivered the Estate by livery and seizin whereby the condition was extinct and yet the defendant offered to give for the same 100 l. It is ordered that the evidences be delivered to the Usher of the Court but not to the plaintant without speciall order Wilford plaintant Denny defendant Anno 18. and 19. Eliz. The plaintant exhibited his Bill to be releived for a promise supposed to be made by the Lady Lutterell for a Lease of certaine lands and for stopping certaine wayes the defendant had a Commission to take her answer and demmurred for that the plaintant may have his remedy by Law which cause seemes insufficient and not to be allowed of and the rather for that the defendants having a Commission to take their answers in the Coâ—ntry did demurre therefore a Subpoena is awarded against them to make a better answer Stukly plaintant the Lady Lutterell Aliis defendants An. 18. and 19. Eliz. Stephen Smith made oath that he was present when one Iohn Maddock made these persons hereafter named privy to a Writ of execution upon a decree made for the plaintant viz. Iohn Ward Iohn Priddoâ—k Henry Pinly Lawrence Banks Iohn Kiddermaster and William Tuttle And the said Maddocks left the same Writ with one Thomas Smith from whom the defendant confesseth the receipt of the said Writ which said parties have not performed the said decree therefore an attachment is awarded against them Leake plaintant Marrow defendant An. 18. and 19. Eliz. The Bill is against the defendants as Executors to their Father who in his life time being Gardian in Soccage to the plaintant in right of the plaintants mother whom he married for and concerning profits by him taken of the lands of the plaintant during his minority for fines of Leases Woodsales and wilfull decay of houses and doth aâ—er assets sufficient to become to their hands the defendants demurre because not privy nor chargeable by Law but ordered to answer Burgh plaintant Wentworth defendant Anno 18. and 19 Eliz. Thomas Stapleâ—on made oath that he delivered
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
to our understanding by the cause of errour and attaint in the same Statute what Jurisdiction it was that the Statute meant to restraine viz. such Jurisdiction as did assume to reverse and undoe the Judgement as error or attaint doth which the Chancery never doth but leaves the Judgement in peace and onely meddles with the corrupt conscience of the party for if the Chancery should assume to reverse the Judgement in the point adjudged it is void as appeareth 39. E. 3. f. 14. 5. We find no presidents of any proâ—ceeding to conviction or Judgement upon any indictment framed or grounded upon this Statute no more then upon the Statute of Praemunire and the â—ate Indictments are contra diversa Statuta not mentioning the particular Statutes 6. Lastly it was a great mischiefe to force the Subject in al cases to seek remedy in equity before he knew whither the Law will help him or no which oftentimes he cannot do till after judgement and therefore he is to seek his salve properly when he hath his hurt There be divers other things of weight which we have seene and considered of whereupon we have grounded our opinion but we goe no further upon that we have seene But because matters of presidents is greatly considerable in this case and that we have been attended by the Clerks of the Chancery with the presidents of that Court and have not been yet attended by any officer of the Kings Bench with any president of judgements if it shall please your Majesty faithfull report of them as we have done of the other all which c. Francis Bacon Hen. Mountague Randall Crew Hen. Yelverton Iohn Walter Now forasmuch as Mercy and Justice be the true supports of your Royall Throne and that it properly belongeth to us in our Princely office to take care and provide that our Subjects have equall and indifferent Justice ministred to them and that where their case deserveth to be relieved in course of equity by suit in our Court of Chancery they should not be abandoned and exposed to perish under the Rigor and extremity of our Lawes we in our Princely judgement having well weighed and with mature deliberation considered of the said severall reports of our learned Councell and of all the parts of them doe approve ratifie and confirme as well the practise of our court of Chancery expressed in the first Certificate as their opinions for the Law upon the Statutes mentioned in their latter Certificate the same having relation to the case sent them by our said Chancellor and doe will and command that our Chancellor or Keeper of the Great Seale for the time being shall not hereafter desist unto our Subjects upon their severall complaints now or hereafter to be made such reliefe in equity notwithstanding any former proceedings at the common Law against them as shall stand with true merits and Justice of their cases and with the former ancient and continued practise and proceeding of our Chancery and for that it appertaineth to our Princely care and office onely to Judge over all our Iudges and to discerne and determine such differences as at any time may or shall arise between our severall courts touching the jurisdictions and the same to settle and decide as we in our Princely wisdome shall find to stand most with our Honor and the example of our Royall Progenitors in the best times and the generall weale and good of our people for which we are to answer unto God who hath placed us over them Our will and pleasure is that our whole proceedings herein by the decrees formerly set down be inrolled in our court of Chancery there to remaine of record for the better extinguishing of the like questions or differences that may arrise in future times Per ipsum Regem Fran. Bacon Hen. Yelverton Decimo octavo Iulii Anno 14. R. Regis c. FINIS Payment after the day upon bonds holpen Condition to undoe estates in Lands Giving day to one it shall help the other Payment without acquittance Lessees damages in waste moderated by the death of the Lessor The greater part of the debt paid and the rest offered relieved in Chancery Purchasor of parcell of land not snbject to the whole rent charge Suing in a wrong County Copyholders Not to examine any Judgement given at the common Law Dyer â—01 and 301. Atturnement Atturnement denyed but in some Cases Fineâ— Recoveries c. Mulier and Bastard Warranty Extentâ— Lawes Nudum pactum Wager of Law No seizin of a reâ—t seck Possessio so oris in Copâ—yhold Copyhold Possession of the Mother for the hâ—r Collaterall Copyhold devise Copyhold forfeited for cutting of Trees during minority Tenant right Fines for alienation of the Tenant but not of the Lord Payment of Creditors out of a Copyhold forfeited by Morgage Lease paroll Marriage poâ—tion recovered at common Law and reversed in the Exchequer holpen in Chancery Perpetuities Lease for 1000 yeares Statute lands bought with Money lent prâ—oâ—ity â—ans Covyn Bailement sans consideration countermanded Voide limitation de Lease in vol. Cook lib. 8.95 Ravishment de gâ—rd Survivor in Joynt Tenaâ—cy de Lease Feoffees to use Notice of the use If my Feoffee dye I have no remedy against his Heir The Feoffee shall doe Acts for the Feoffors good They may grant Offices but not annuities Fees to councell Money given to buy Lands The Feoffee shall retain the Land to his own use fur-attain der de felony Intent specified in a Feoffment to use Uses of gavell kinde at the common Law 26. H. 8. Dy. 6. Cesti que use de tearme de ans. Jurament delatum a parte AEquitas sequitur legem Things left to the conscience of the party Help in Chancery against Executors Surety The surety chargeable To help the surety No other reliefe for the surety then for the principall Purchasor Fraud upon fraud Feoffee punishable for making Estate at the wives request during the Coverture No reliefe against his own deed Release of joint Feoffee Subpoena gainst one appointed by will to sell To discharge himselfe of a bond is permitted in equity Forced to sue an Obligation Executor shall not release a bond without his Co-partner Executors shall not answer without his Copartners Copartners to joyne in Plea or presentment One deed by which two claime severally Where remedy at common Law no help here Goods of Felons granted which are difficult to prove Bringing evidence into Court Justifying detaining of evidences Tenants of the Land uncertaine Tenants in common to know the certainty Supply of true meanning in Feoffments To bring in an obligation to be cancelled Money paid upon Obligation single or single Statute not compelled here to cancell it Yet upon a morgage he shall be compelled to bring in the indenture to be cancelled here Lands sold in two counties and livery made onely in one Leassor to have the woods leaving sufficient booteâ— Messuage cum pertin. carries the land used with it Mannor demised
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