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
bestowed the land upon the Earl of Devon for his service done in Ireland This Lease the Earl sought to avoid by the law Haule prayes to have the matter examined in Chancery and to have the suit stayed by Injunction which was denyed for that the Lease was granted by fraud and the Fee simple to the Earl in possession and not in reversion nota that the Lord Chancellor said that where lands are granted in reversion if the Grantee will avoid the lease for a rent paid but not at the day in that case he will releeve but not where the Lease is granted upon a false suggestion for that were to relieve fraud in the Chancery it was further objected that this grant was made to the Earl upon consideration of service done and the Lord Chancellor said that the service done to the Realme was as valuable as if the Earl had given 500 l. for the Land but the Earl offered to give the Leassee 1000 l. recompence in honour 23. Ian. 1. Iacobi In a Case moved by Mr. Chamberlaine where the Lord Chancellor had referred the matter to be tryed at the common Law touching remainders upon a Lease whether good in law or no and the Judges had given Judgement upon the case in another point in the Kings Bench so as the Lord Chancellor remained still uncertaine of that point called the Judges into the Exchequer Chamber 1. Iacobi For as much as the plaintant hath served processe upon the defendant to appear in this court return 15. Micha and exhibited no sufficient Bill against him and further for meere examination sued out a Writ of Attachment against the defendant before the returne of the subpoena it is ordered that the plaintant shall pay unto the defendant 10 s. costs and also that Hugh Tildesley who made the processe against the defendant without a sufficient Bill shall pay unto the defendant other 10 s. for his costs William Garneston plaintant Thomas Bradwell defendant Anno 5. Hen. 6. Philip and Mary fol. 11. For as much as a Commission to examine witnesses in perpetuam rei memoriam issued out of this Court and the witnesses examined by vertue thereof have remained in court by the space of a year It is ordered that publication shall be granted Richard Gravenor and Iohn Gravenor plaintants Bryan Brearton defendant An. 5. and 6. Phil. and M. fol. 12. Episcopu Cicestrens publication of witnesses in perpetuam rei memoriam An. 5. and 6. Phil. and Mar. fol. 30. Willington plaintant Agar defendant publication of witnesses remaining since 33. H. 8. fol. 42. Anno 5 and 6. Phil. and Mary An Injunction is granted against the defendants to deliver to the plaintant certaine Plate contained in their Petition or else to appeare and shew cause in crur. anim prox Anno 5. and 6. P. and M. fol. 13. David Geoffry and Iohn Geoffry plaintants and Thomas Davis defendant A decree is made for the plaintant as by the Record thereof signed with the Lord Chancellors hand plainly appeareth and the said Record is delivered to Iohn Millisent Attorney for the plaintant to be inrolled the Deane and Chapter of Lincolne plaintant Bevore and Alice defendants Anno 5. and 6. Phil. and Mary fol. 15. Glanffell plaintant Strickley defendant a decree is made for the defendant for dismission of the cause as by the Record thereof signed with the Lord Chancellors hand and the same put to the inrolment Anno 5. and 6. Phil. and Mary fol. 22. Iames Iervis hath made oath for the delivery of a subpoena to the defendant whereby he hath knowledge that witnesses are to be examined in perpetuall memory so that he may if he will examine the same witnesses in this court therefore the examinors in this court may proceed to the examination of the said witnesses accordingly Hatcham plaintiffe Winchcombe defendant 5. and 6. P. and M. fol. 19. Porter plaintant Baker defendant the examinor may proceed to examination of witnesses in perpetuall memory if the plaintant have served a Subpoena upon the defendant to give him notice to examine likewise An. 5. and 6. P. and M. fol. 32. Forasmuch as the plaint hath taken oath in this court that there are sundry witnesses contained in a Schedule exhibited in this court which he desireth to have examined â—n perpetuall memory so impotent and sick that they are not able to travell up to be examined in court without danger of their lives therefore a Commission is awarded to Sir Humfrey Bâ—adburne Knight to examine the same witnesses in perpetuall memory Bagshawe plaintant defendant An 5. and 6. P. and M. fol. 22. Robins plaintant Foster defendant a Commission is granted to examine witnesses in the Countrey being impotent in perpetuall memory Anno 5. and 6. P. and M. fol. 26. The plaintant is adjudged to pay to the defendant costs three pound for that he was served to appear before the Lord Mayor of London to testifie in a matter depending before the said Lord Mayor between the plaintant and one Iohn Gresham and others without any precept directed from the Lord Mayor unto the said defendant to appeare Rowe and Alice plaintants Thomas Guybone defendant Anno 5. and 6. P. and M. fol. 24. Iohn Manlye hath taken oath the deposition of witnesses examined on the behalfe of the plaintant and remaining in this Court are to be given in evidence at a Court Baron holden at Potton in the County of Bedford on Mâ—nday next therefore publication is granted William Manlye Clerke plaintant Thomas Simcote defendant Anno 5. and 6. Phil. and Mary fol. 24. An injunction is awarded against the defendant to stay his proceedings in the Sheriffes Court of London or elsewhere upon debt of 100 l. not to proceed to triall judgement or to execution if judgement be given Iohn Ayland plaintiffe Francis Bacon defendant Anno 5. and 6. P. and M. fol. 29. Forasmuch as the plaintant served processe upon the defendent by the name of Magaret Hastings and at that instant was marryed to William Brown and also for want of a Bill therefore the said William Brown and Margaret are adjudged to pay to the defendant 20 s. costs Margaret Hastings plaintant Nicholas Iugges defendant Anno 5. and 6. P. and M. fol. 30. Forasmuch as the Sheriffe of Denâ—igb hath returned a Languidus in prison therefore a Commission is awarded to Richard Griffeths and others to take the answer of the defendant Iohn ap Thomas plaintant Engharard Hoell widow defendant An. 5. and 6. P. and M. fol. 33. Forasmuch as the defendant was in possession of the lands at the time of the Bill exhibited and the plaintant hath sithence entered therefore an injunction is granted to the defendant against the plaintiffe to avoid the possession William Hawkes and Ieâ—nit his wife plaintants Iohn Champion and others defendants An. 5. and 6. P. and M. fol. 35. It
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
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
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
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
Subpoena 93 Defend wife examined as a witnesse 94 Deeds neglected to be inrolled Sub. to shew cause why not 97 Decree for the plaintant and yet put out of possession by the defendant 104 Defend departing without license an attach. against him 104 Def. discharged of the Attach the Sub. being counterfeit 104 Defendant licensed to depart after answer in a Writ of the priviledge 106 Defend committed for a rescue brought his action for a false returne 92.106 Demurrer without shewing any cause ordered to answer 107 Debt for 5 l dismissed 108 Dismission for that they have bin in possession 100. years 110 Day given to defend to rejoyne 111 Def. not to answer till a counsellors hand be to the Bill 112 Dismissed the lands being under 40 s. per annum 112 Demurrer generally ordered to answer 113 Defend charged upon account shall not answer upon promise shall 113 114. E. EXtents Law no reliefe in Chancery 5 Equitas sequitur legem 11 Executor not to release without his copartners 15 Executor not to answer without his copartners 15 Executors how upon trust 21 Executors husband ordered to pay debts 24 Entring decrees and dismissions 34 F. FInes recoveries c. the Lord Chancellor will not question 4 Feoffees to use 10 Feoffee dying no remedy against his heire 10 Feoffee shall doe acts for the feoffors good 10 Fraud in goods 18 Feoffee to retain the Land to his own use 11 Fraud upon fraud 13 Feoffee punishable for makeing estate 13 Forced to sue an obligation 15 Fines fraudulent 20 Fines of Copyholds 27 Fraud by making a Lease after a feoffment and before livery and seizin 82 Feme sole sueth out a Subpoena and the same day is married dismissed with costs 98 Feme covert whose husband is in the Gallies must answer matter of equity 100 101 Feb. 20. Dyed Sir Nicholas Bacon 12. April Sir Thomas Bromely had the seale delivered 108 Feme covert sueth for maintenance 87 G. GIving day to one it shall help the other 1 Greater part of debt paid and the rest offered reliefe here 2 Goods of felons difficult to prove a Subpoena 15 Grand lease forfeited by coven reliefe for it 18 Generall customes reduced to certainty 21 Grantee distraines one ordered to sue the rest 23 H. HElp against executors 12 Heire of purchasor to pay money behind 25 Husband appears and demurrs the wife not Attachment 39 Husband appears the wife not Attach against them both 65 Habeas corpus to the warden of the Fleet to have the defend in Court to be charged with a debt 71 Heire sued to make a lease for which his elder brother took a fine or to repay the same 77 I. JUdgement not to be examined here 3 Iuramentum delatum a partâ— 11 Intent specified in a feoffment 11 Justifying the detaining of evidences 16 Joyntenants one taking the profits 21 Judges called into the Exchequer Chamber about a lease 32 Injunction to deliver goods 34.61 Injunction to stay proceedings at Law 36 Injunction for possession as at the time of the Bill 36 Jurisdiction of Wales rejected 36 Injunction to stay suite according to promise 37 Injunction with a clause si ita sit 37 Injunction for not appearing and to stay suits 40 Injunction to discharge execution 41 Injunction for possession 45 Injunction for possession as at the Bill 3 yeeres before 47 Injunction upon Certificate of Justices of Assize 49 Injunction dissolved if cause be not shewed 49 Injunction because the defendant began first in Chancery 50 Injunction for Corne sowed upon a Lease paroll 51 Jurisdiction of Oxford rejected 55 Jurisdiction of Lancaster alloweds 56 Injunction disobeyed an Attachment 58 Jurisdiction of Chester allowed 59 Jurisdiction of Oxford allowed 65 Jurisdiction of the Exchequer rejected 67.68 Injunction against the spirituall court 73 Jurisdiction of Oxford allowed 73 Jurisdiction of Wales allowed 74 Injunction to stay Judgement in an action of waste 76 Injunction to stay suits because the Queene was not paid her fine 77 Jurisdiction of Chester allowed 82 Jurisdiction of Wales allowed 84 Injunction for defrauding the Queene of her fine 85 Jurisdiction of the Mannor of Woodstock overruled 85 Jurisdiction of Wales overuled 89 Jurisdiction of Wales admitted 92 Jurisdiction of the North allowed 95 Jurisdiction of the Exchequer disallowed 96 Jurisdiction of the Dutchy of Lancaster allowed 97 Jurisdiction of Wales not allowed for a promise 99 Injunction left at the defendants house and disobeyed an Attachment 101 Jurisdiction of Wales allowed 102 Injunction to stay suit at common Law 105 Jurisdiction of Chester allowed 109 Injunction to stay suit at common Law 112 Injunction to stay suit of Quo Minus in Exchequer 113 Injunction to stay suits at common Law 113 L. LEases dammages in waste moderated 2 Lease in paroll no help in Chancery 7 Lease for 1000 yeares no help 8 Lands sold in two Counties livery made in one 17 Leassor to have the woods excepting fireboot c. 17 Leases devised to his wife to come to his sonne 22 Leases conveyed in trust to pay debts 25 Lease paroll no help 27 Lands intended for a Schoole otherwise given by will 28 Leases of corporations their names mistaken 31 Leases holpen against Patentees 32 Leassee of a Copyholder punishable in waste though the Copyholder himselfe be not 63 Lord Chancellors Letters to a Noble man that had broken a decree to performe the same 73 Leassee not named in the premises decreed 86 Liberty for a common Fishing 104 M. MUlier and Bastard 4 Marriage portion recovered and reversed holpen 8 Money given to buy Lands 10 Money paid upon a single Obligation 17 Messuage cum pertin. carries the Land used with it 18 Mannor demised except court Baron 18 Mulier and Bastard Joyn 20 Misdemeanor in Courts reformed 30 Man and wife plaintants she dyes no Bill of revivor but he must answer 62 Money paid for a reversion which could not be enjoyed ordered to repay it 93 N. NVdum pactum no help here 5 No reliefe against his own deed 14 No seizin of rent-seck no help here 5 No reliefe against a voluntary act 21 No help touching power to make Leases 29 No witnesses to be examined till the defendants have put in their answer 93 No costs upon a disclaimer 109 New Commission to examine witnesses not appearing at a former Commission 111 Not to extend one mans Land onely where many are subject 111 New Commission to the defendant and publication staid 112 O. ONe Deed by which two claime 15 Oath for serving a Subpoena before witnesses examined in perpetuall memory 34 Order for evidences 43 One Executor sueth the other to put in sureties to perform the Will 79 One Executor gets the estate and dyeth the other sueth his Executor 86 One Subpoena against two defendants and two Bills put in ordered to answer both 87 P. PAyment after the day holpen upon bonds 1 Payment without acquittance 2 Purchasor of parcell not subject to the whole rent charge 2
Possession sororis for the heire collaterall 5 Possession of the Mother for the Heire collater 6 Payment of creditors out of a Coppyhold 7 Perpetuities no help 8 Purchasor better then a surety in case of reliefe 13 Power to make Leases 21 Payment by the surety 19 Possession bound by decree 23 Plaintant mistaking his Title in his Bill 24 Proceeding where there is no proofe 25 Publication of witnesses in perpetuall memory a yeare past 33 Publication of witnesses to be used in a Court Baron 35 plaintant in execution at the suit of the King delivered by supersedeas 39 Plaint bringing 223 l. in Court execution to stay for the rest 47 Plaint distraineth after replication therefore an Injunction 48 Plaint in execution upon Statute delivered upon recognizance 50 Plaint to take execution for 100 l. of a Judgement of 300 l. 51 Plaint married before answer no Bill of revivor 52 Plaint sueth for tokens delivered as a suitor in marriage 54 Prosecuting contempts after a generall pardon payeth costs 56 Plaint to make one a party whom the defendant prayeth in ayde 57 Plaintant requires one to appeare in the Queens name costs 68 Prohibition for Tythes of Lands held in capite 79 Plaint enters upon the defendants possession an Injunction or dismissed 98 Prohibition for tythes parcell of the Dutchy of Cornewall consultation 98 Perjury for making oath one of the same name sued and discharged 99 Plaint to shew where he had his counterfeit Writs 107 R. RAvishment de guard a Subpoena 9 Release of Joint feoffee 14 Reliefe for a trust upon a Lease 76 Rent reserved and paid the heire ordered to pay it 92 Rent charge upon severall men Lands and levyed upon one an Injunction is granted 22 S. SUing in a wrong County ayde for the plaintant here 2 Statute Lands priority sans coven 8 Survivor in joynt Tenancy 9 Suerâ—y chargeable and not in some cases 12 Supply of true meaning in feoffments 16 Statute acknowledged in my name 22 Statute for charitable uses 28 Subpoena to appear before the Major of London 43 Sheriffe amerced for return non est inventus 44 Setting down depositions in a wrong sence 47 Subpoena delivered to the defendants wife 54 Subpoena hanged on a dore where the defend resorted 56 Suit to have the defend performe an award 57 Subpoena to testifie Attachment for not appearing 61 Soliciter served to testifie ordered not to be examined 62 Soliciter served to testifie is discharged 63 Suit to have an award decreed 64 Suit for common of pasture 64 Subpoena delived to the defendants servant 65 Suit retained after Judgement and execution 74 Subpoena delivered to the defendants wife 78 Suit for 10 s. rent per annum dismissed 80 Suit for a hawke and evidences dismissed 82 Suit stayed in the Kings Bench removed from London 83 Suit for common 83 Svbpoena served within two dayes of the Termes end 88 Soliciter ordered to be examined with caution 89 Subpoena left in the defendants Hall Attachment 91 Server of a Subp. imprisoned attach against defend 91 92 Subpoena shewed and offered attach for not appearing 94 Suit upon a promise to surrender a Lease dismissed 95 Subpoena to testifie where no suit is discharged 95 Subpoena cautiously served attachment against the plaint 96 Suit for Hay c. not worth 40 s. dismissed 103 Suit for poor under 40 s. per annum retained 103.107 T. TEnant right fines how paid 6 Things left to the conscience of the party 12 Tenant of the land uncertaine a Subpoena 16 Tenants in common to know the certainty 16 Turning of water courses 26 Two contend for a tenant the Tenant paying his rent in court 46 The server of a Subpoena payeth costs 64 Trustee to convey the Lands according to the trust 67 Two joyntenants the one dies the other to make estate 81 Two executors exhibit two Bills answer one the other dismissed 88 U. VOyd limitation del Lease in volunt 9 Uses of Gavelkind land 11 Vendee against one appointed to sell him Land 14 Variance in a Bill of revivor from the first Bill disallowed 55 W. WArranty Collaterall no remedy 5 Wager of Law no help 5 Where remedy at Law no help here 15 Waste holpen here and no remedy at Law 19 Waste forbidden here and not punishable at Law 26 Witnesses ad informandum conscientiam 27 Witnesse served to testifie pressed for a Souldier 41 Writ of priviledge granted to a Sutor 43 44 Witnesses examined before answer 48 Witnesses examined by fraud suppressed 56 Witnesses taken after publication ad informand conscien 58 Wife after the death of her husband sueth a Bill of revivor 70 Witnesses that answer insufficiently againe examined 81 Witnesses examined in perpetuall memory moved to use their testimony 88 Witnesses examined before the Towne Clarke of York suppressed 91 Witnesses examined 1. and 2. P. and Mary ordered to prefer a Bill for publication 94 Witnesse not able to travell discharged 99 Writ of priviledge disallowed 102 Reports in Chancery IF a man be bound in a penalty to pay money at a day and place by obligation and intending to pay the same is robbed by the way or hath intreated by word some further respite at the hands of the Obligee or commeth short of the place by any misfortune and so failing of the payment doth neverthelesse provide and tender the money in short time after in these and many such like cases the Chancery will compell the Obligee to take his principall with some reasonable consideration of his dammages quantum expediat for if this was not men would doe that by covenant whiâ—h they do now by bond The like favour is extendable against them that will take advantage upon any strict condition for undoing the estate of another in lands upon a small or trifling default So if two be joyntly and severally bound to pay money and the obligee will give longer day or other favour to the one and then will sue the other for the debt he which is sued shall sue in Chancery 9. E. 4.41 A man payeth debt upon a single obligation without taking acquittance therefore this will not discharge him at the common Law but he shall be relieved therein in Chancery quare 22. F. 4.6 By the parties oath but not by witnesse If a man fell Trees upon the Lands of a Lessee for life and the Lessee recovereth dammages amounting to the treble value that he ought to answer to his Leasor in waste and the Leasor dyeth before any recovery in waste now the Leassee shall not be suffered to take those damages himselfe being so discharged of them but shall be restrained in Chancery Doctor and Student 33.34 and 40. If the obligee have received the most part of the money payable upon the obligation at the peremptory time and place and will neverthelesse extend the whole forfeiture immediately refusing soone after the default to accept of the residue tendered unto him the obligor may find
aide in Chancery If a man grant a rent charge out of all his Lands and afterwards selleth his Lands by parcels to divers persons and the grantee of the rent will from time to time levy the whole rent upon one of the purchasors onely he shall be eased in Chancery by a contribution from the rest of the purchaseâ—s and the grantee shall be restrained by order to charge the same upon him onely A man recovered at the common Law a debt in one County where the obligation was made in another county against the Stat. 6. R. 2. c. 2. The Defendant sued and suggested in Chancery that by this meanes he was put from divers Pleas of which he might have taken advantage if the obligation had been sued in the very County and he had ayde there for the Chancellor said that he sued to hide the truth and against conscience also which cannot be so well found in any place as in the very County where a thing is done 9. E. 4.2 and 9. E. 4.15 A man shall not be prejudiced by formality or mispleading c. Touching Copy-holders Mr. Fitz-Harbert in his Natur. Brevium fol. 12. noteth well that forasmuch as hee cannot have any writ of false Judgement nor other remedy at common Law against his Lord therefore he shall have aide in Chancery and therefore if the Lord will put out his Copyholder that payeth his customes and services or will not admit him to whose use a surrender is made or will not hold his Court for the benefit of his Copyholder or will exact fines Arbitrary where they be customary and certaine the Copyholder shall have a Subpoe to restraine or compell him as the Case shall require Dyer 264. and 124 Fitz. Subpoena 21 First this Court forbeareth directly to examine any Judgement given at the common Law to which end the Statutes 27. E. 3. cap. 12.39 E. 3. cap. 14.4 H. 4. cap. 23. and 16. R. 2. cap. 5. were made and it seemeth that the common Law used some power to restraine such examinations of Judgements before all these Statutes for 13. E. 3. upon a recovery had upon a Quare impedit the Defendant sued for help in the Chancery and they sent a prohibition and upon that an Attachment against him Fitz-Harbert prohibition 21 the like hath been done upon suits in the courts of requests But yet 9. E. 4.65 one recovered debt upon an obligation in one county whereas the obligation was made in an other county and he complained in Chancery because he had lost some advantages which he might have taken if the triall had been in the other county which thing in effect was made a Law by the Statute 6. R. 2. c. 2. And in the Case of Paramore Ann. 3. 13. Eliz. A fine supposed to be levyed by an Infant was examined in Chancery after it had been allowed by examination of the Justices of the com Pleas but whether these and such other may seeme rather to examine the manner then the very matter and substance of the thing adjudged it is worthy of consideration Sir Will. Cordall Mr. of the Rols denyed to compell one to atturn here that was at liberty by the common Law in the Case of Sir Iohn Windham Chancellor Bromeley likewise denyed such compulsion generally but where the party quarrelled with the particular Tenants Estate or entreth iuto some part of the Lands in demise or hath covenanted for recompence for non atturnment there he utterly denyeth to inforce the atturnment Pasch. 21. Eliz. in Case of Philips and Doctor Sandford Such assurances as be used for the common repose of mens Estates the Chancery will not draw in question for a fine with Proclamation ought after the five yeares to be a bar in conscience as it is in Law so shall it be of a common recovery for docking the intaile Doctor and Student 33.155 So likewise it seemeth that the continued possession of the Bastard eisne shall prevaile in conscience against the right of the Mulier â—â—sne And albeit a feme covert may be thought to joyne with her Husband for fear in a fine of her lâ—nds yet after the five yeares it shall not be recalled for the generall inconveniences that may ensue to that highest assurance Doctor and Student 154. And if remedy in Chancery should be extended to a Collaterall Warrantye the same Saint Germaine saith that then all writings shall be examined If the extender undervalue the Lands as there is no remedy at the common Law 15. H. 7. Dupleges Case because the Debtor may help himselfe by payment of the debt so in conscience there ought to be no reliefe unlesse it were done by Covin. Idem Upon Nudum PactuÌ„ there ought to be no more help in Chancery then there is at the common Law neither against him that hath waged his Law in debt though peradventure falsely Idem Where a man made Title to a rent seck of which there was no seizin nor for which he had any action at the common law and prayed help here it was denyed upon conference had by the Lord Keeper with the Judges Michal 1596. A Copyholder dyeth leaving two daughters by divers Venters both which do enter and take the profits without doing fealties or paying fine and without any admittance by the Court and the eldest dyeth without issue This onely possession sufficeth to order the Copyhold to the collaterall heir of the eldest and not â—or the sister of the half bloud 12. Eliz. Dyer 291. A Copyholder in Fee hath issue a daughter and a son by two venters the Lord committeth the custody of the Land and of the son to the Mother who taketh the profits and the son dyeth before any admittance this Copyhold was ordered also for the Heire Collaterall against the Sister of the halfe bloud because the Mothers possession serveth for the son Anno 12. Eliz. Ibid. The Lord devised a Copyhold to C. for life and after passed the Freehold of the soyle thereof by livery of seizin thereof to B. for life reserving a rent and then by fine levyed doth grant the said Land to the said C. come ceo que il ad de son done c. And C. accepteth the said rent of B. and thereupon it was questioned whether or no the Copyhold of C. were gone in conscience 28. H. 8. Dyer 30. A Copyholder within age is admitted and the Lord committeth the custody to the Mother of the Infant whose under-Tenant cutteth down Timber Trees which being presented the Lord seizeth the Land for the forfeiture during still the nonage and keepeth it till he dyeth and it descendeth to his Heire who and his Father had kept it 40 yeares and for that the Copyholder moved suite in the Chancery 29. yeares since which was now revived and the forfeiture was taken during his minority he was restored to his possession
amongst the most high and scient Magistrates of the Kingdome And when also the practising of the same should lye under so heavy a paine as the Praemunire This is to us a principall and implicit satisfaction and those Statutes ought not to be construed to extend to this case and this of it selfe we know is of far more force to move your Majesty then any opinion of ours because Kings are fittest to informe Kings and Chancellors to teach Chancellors and Judges to teach Judges but further out of out own science and profession we have thought fit to adde those further reasons and proofes very briefely because in case of so ancient a possession of jurisdiction we hold it not fit to amplifie The Statutes upon which the question grows are principally two whereof one is a Statute of Praemunire and the other is a Statute of simple prohibition that of Praemunire is the Statute of 27. E. 3. cap. 1. And the Statute of the simple prohibition is the Statute of 4. H. 4. cap. 23. There are divers other Statutes of both kinds but the question will rest principally upon those two as we conceive it For the Statute of 27. E. 3. it cannot in our opinions extend unto the Chancery for these reasons 1. First out of the mischiefe which the Statute provides and recites viz. That such suites and pleas against which the Statute is provided were in prejudice and disinherison of the King and his Crowne which cannot be applyed to the Chancery for the King cannot be disinherited of jurisdiction but either by a forreigner or by his Subject but never by his own Court 2. Out of the remedy which the Statute points viz. That the offendors shall be warned within two moneths to be before the King and his Councell or in his Chancery or before the Kings Justices of the one Bench or of the other c. By which words it is opposite in it selfe that the Chancery should give both the offence and the remedy 3. Out of penalty which is not only severe but hastily namely that the offenders shall be put out of the Kings protection which penalty altogether savors of adhering to fâ—rreine Jurisdictions and would never have been inflicted upon an excesse onely of jurisdiction in any of the Kings Courts as the Court of Chancery is 4. Out of the Statutes precedent and subsequent 25. E. 3. cap. 1. and 16. R. 2. cap. 5. which are of the same nature and cannot be applyed but to forraigne Courts for the word alibi or elsewhere is never used but where Rome is named specially before 5. The disjunctive in this Statute which onely gives the colour viz. That they which draw any out of the Realme in plea whereof the Cognizance pertaineth to the Kings Court or of things whereof Judgements be given in the Kings Court or which doe sue in any other Court to defeat or impeach the Judgements given to the Kings Court this last disjunction wee said which must go farther then Courts out of the Realme which are fully provided for by the former branch hath sufficient matter and effect to work upon in respect of such Courts which though they were totally within the Realme yet in jurisdiction were subordinate to the foâ—reigner such as were the Legates court the delegates court and in generall all the Ecclesiasticall courts within the Realme at that time as it is expressely construed in the Judges 50. E. 4. fol. 6. 6. In this the sight of the Record of the Petition doth cleare the doubt where the Subjects supplicate to the King to ordaine remedy against those which pursue in other courts then his own against Judgements given in his court which explaines the word other to be other then the Kings courts 7. With this agreeth notably the book of entries which translates the word in other court not in alia Curia but in aliena Curia 8. This Statute of vicesimo septimo E. 3. being in corroboration of the common Law as it selfe recites we doe not find in the Register any presidents of the Writs of adjura regia which are framed upon chiefe cases that were afterwards made penall by the Praemunire but onely against the Ecclesiasticall courts 9. Lastly we have not found any president at all of any conviction upon the Satutes of Praemunire of this nature for suits in Chancery but onely two or three Bills of Indictment preferred sed nihilinde venit for ought appears to us For the Statute of H. 4. that we doubt was made against proceeding within the Realme and not against forraigne and therefore hath no penalty annexed neverthelesse we conceive that it extends not to the Chancery in the case delivered for these reasons 1. First this Statute recites where the parties are made to come upon grievous paine sometimes before the King himselfe sometimes before the Kings Councell and sometimes in the Parliament to answer thereof anew c. Where it appeareth that the Chancery is not named which could not have been forgotten but was left out upon great reason because the Chancery is a court of ordinary Justice for matter of equity and the Statute meant onely to restraine extraordinary Commissions and such like proceedings 2. This appeares fully by view and comparing the two Petitions which were made the same Parliament of 4. H. 4. placed immediately the one before the other The first which was rejected by the King and the second whereupon this Statute was made whereof the first was to restraine the ordinary proceedings of Justice that is to say in the Chancery by name in the Exchequer and before the Kings Councell by processe of privy Seal unto which the King makes a Royall and prudent answer in these words The King will charge his Officers to be more sparing to send for his Subjects by such processe then heretofore they have beene but notwithstanding it is not his mind that the Officers shall so far obtaine but that they may call his Subjects before them in matters and causes necessary as it hath beene done in the time of his good Progenitors and then immediatly followes the Petition whereupon the Act now in question was made unto which the King gave his assent and wherein no mention is made at all of the Chancery or Exchequer 3. If the Chancery should be understood to be within the Statute yet the Statute extends not to this case for the words are that the Kings Subjects are driven to answer thereof anew which must be understood when the same matter formerly judged is put in issue or question againe but when the cause is called into the Chancery only upon point of equity there as the point of equity was never in question in the common Law Court so the point of Law or of fact as it concernes the Law is never in question in the Chancery so the same thing is not twice in question or as answered anew for the Chancery doth supply the Law and not crosse it 4. It appeareth
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