heires that shall so surrender the premisses as aforesaid by copie of Court Rolle according to the custome of the said Manor or otherwise as by the said â— E. his heires and assignes or any of them or by his or their learned counsell shal be reasonably deuised or aduised at the proper costes and charges of the said R. E. his heires assignes not altering by the said assuraunce or assuraunces so to be deuised or aduised as is aforesaid any custome libertie or iurisdiction of the said Lordship manor or other the premisses with all and singuler the said lands tenements and hereditaments and al other the premisses with their appurtenances whatsoeuer before by these presents ordered and iudged to be surrendred as is aforesaid foure acres of land now in the occupacion of c. parcell of the premisses to be chosen by the said R. H. c. only excepted foreprised To haue to hold the same lands tenemeÌ„ts all other the premisses with the appâ—rtenances except before excepted vnto the said R. E. to his heires males incorrupt within the 4. degree of consanguinitie according to the ancient custome of the said manors And if it happen that the said R. E. do deceâ—â—â— before the said surrender made as is aforesaid Then to haue to hold the said premisses with the appurtenances to the heires of the said R. E. which so shall surrender the same to his heires males incorrupt within the 4. degree of consanguinitie c. An Awarde reciting that either of the parties stand bound to other to performe the award And that the award is made before the prefixed time in the Obligations and with the full consent of both the parties TO all christian people to whom this present writing indented of award Sect 51. shal come R. W. and R. C. send greeting in our Lord God euerlasting Know ye that whereas variance strife debate and controuersie hath heretofore bin had moued and stirred betweene A. B. of C. and D. E. of E. of for and concerning the right title interest vse possession and occupation of c. for the appeasing ending whereof either of the said parties by their mutual assents consents agreements haue submitted compromitted and bound themselues either to other by their seueral writings obligatory bearing date c. in the suume of c. to stand too abide obey obserue performe fulfill and keepe the award arbitrement ordinance dome and iudgment of vs c. Arbitrators indifferently elect and chosen betweene the said parties of and for the premisses as by the said seueral obligations with condition for the performance therof more at large appeareth Whereupon we the said Arbitrators taking vpon vs the labour busines and charge of the same award and willing to set the said parties at a final peace vnitie and concord for and concerning the premisses haue by good aduise deliberation seene heard and throughly examined both their titles allegations euidences and proues in and to the said premisses and thereupon before the day and time appointed vnto vs by the said obligations for the making giuing vp and finishing And finishing of the said award wee the said Arbitrators by and with the full assent consent and agrement of both the said parties do make publish declare and giue vp this our present award betweene the said parties of for and concerning the premisses in manor forme following First we award ordaine deeme and iudge that c. Also we awarde c. And finally we award ordeine deeme and iudge c. In witnesse whereof we the said Atbitrators and also both the said parties to to the award haue interchangeably put our hands and seales the x. day of M. in the xx yere of the raigne of our Soueraigne Lady Elizabeth by the grace of God of England France and Ireland Queene defendor of the faith c. SYMBOLEOGRAPHY Of the Chauncerie Proceedings in the same and Supplications Billes and Aunsweres The Chauncerie SEing by Gods fauor we intend somewhat to Sect 1. discourse of the maner of proceeding in Chancerie suits and to set downe some Presidents thereof to the performing whereof it seemeth requisite first to vnfold the nature of Equitie Conscience the rigor of the common Lawes of this Realme as the proper obiect or matter whereabout such suites are for the most part occupied to the end it may with the more facilitie be vnderstood how and when such suits are fitly to be taken in hand Therefore we wil first speak of Summum ius which oftentimes precisely regardeth the verie letter and words of the common Lawes for remedie whereof parties grieued pray aide of this honorable Court of Chauncerie to bridle extremitie and reduce such rigor to Equitie and Conscience Of strict or precise Law which is called Ius summum ARistotle calleth it Eract or precise Law because that if it haue Sect 2. no allay in it to qualifie the harshnes seuerity of it it is vnpleasant and sower in tast and repugnant to Equitie And Budaeus saith that this word strict and precise Law is a word which amongst the Ciuilians signifieth verie hard law exact and ful of rigor and almost vniust For they that writ of the Law make these words strict Law and Equitie opposite the one to the other thus farre Budaeus The Lawiers do also tearme it Ius subtile subtil Law Other Lawiers do tearme it Summum Ius Law in the highest degree or most exact and it is so taken of them when men stand more vpon the letter of the Law then vpon the meaning of the writer or maker of the Law In which behalfe it so falleth out oft times that vnder a colour of knowledge of the Lawes many grosse and dangerous errors be committed Corasius Missel li. 2. ca. 8. Nu. 12. Oldendorpius deuideth this Ius summum or Law in the highest degree into two branches the one proper the other improper Law in the highest degree so properly termed or taken is an vndoubted infallible rule of honestie which may generally without exception be put in executioÌ„ in any coÌ„mon weale whether it be originally grouÌ„ded vpon the Law of Nature or vpon the Law of Nations For examples whereof you may take all the rules and principles of the Law for these rules and principles of the Law do in their kind most strictly and exactly define and bound out the matter which thâ—y handle barely and nakedly without any regard of circumstances of the fact that may fal out of which sort of rules are these Keepe thy word hurt no man these are general rules of Law in the highest degree so righteous and full of Iustice in their kind that by the Law of Nature it selfe better and more rightfull cannot be giuen Li. 1. F. de pactis But here you see no respect had to any circumstance of your worde or hurting for this point belongeth to Equity or the Court of Conscience which with vs is called
he giue him day to replie By which day if he do not replie the defendant may procure a dismission and get costes Et dicta videtur Replicatio quod vel implicatam quasi tectam exceptionis iniquitatem replicet patefaciat vel potius quod equitatem actionisab excipiente rei tectam quasi complicatam explicet atque aperiat Hottamanus And a title of a Replication is thus The Replication of W. P. Complainant to the answere of R. C. defendant What a Reioinder is A Reioinder is thanswere which the defendant maketh to the plaintifes Sect. 66. replication which must pursue and confirme his aunswere and not swarue from the same and sufficiently confesse and auoide denie or trauerse each materiall part of the plaintifes replication Est autem reiunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris confirmandum exceptionem rei Spieg. If the parties be not at issue by reason of some new matter disclosed in the defendants reioinder that requireth aunswere Then may the plaintife Surreioine to the said reioinder and the defendant in like maner to the Surreioinder if there be cause which happeneth verie seldome And the title of a Reioinder is thus The reioinder of C. A. defendant to the Replication of E. W complainant What a Surreioinder is A Surreioinder is a second defence of the plaintifes action opposite Sect ' 67. to the defendants reioinder And therefore Hottamanus calleth it Triplicatio quae est secunda actionis defensio contra rei duplicationem opposita And thus is the title of a Surreioinder The Surreioinder of E. W. complainant to the Reioinder of C. A. defendant A Bill of complaint for entring into and making secret estates of Copyhold lands wasting part therof mingling part therof with the lands of others to disinherite the Plaintife by hauing the Copies therof HVmbly complayning sheweth vnto your Honorable L. H. E. of Sect ' 68. B. in the Countie of Yorke Esqu That whereas H. E. late of S. Esquier deceased father to your Orator was in his life time by good and lawfull conueyance and assurance in the law lawfully seised to him and to his heires in fee simple according to the Custome of the manor of W. in the said Countie of Y. of one Copyhold or Customarie mesuage or tenement and of certaine Customarie lands meadowes and pasture to the quantitie of one hundred acres or thereabouts And the said H. E. your Orators father so being thereof seised as aforesaid and being visited with sicknes during the minoritie of your said Orator by good and lawfull conueyance and assurance in the law and according to the custome of the said manor of W. did conuey assure and surrender the said Copyhold or customarie mesuage or tenements and other the premisses with the appurtenances into the hands of A. B. the Lord of the said manor for the better maintenance and to the vse of your said Orator To haue and to hold to your said Orator and to his heires and assignes at the will of the Lord according to the custome of the said manor By force whereof your honors sayd Orator in the Court of the said manor paied his fine and was of the said Copyhold Customary tenements with the appurtenances by the then Steward of the said manor of W. admitted tenant But so it is if it may please your honor that all the Euidences and Copies of and concerning the said mesuage lands tenements and premisses being left in the hands custodie and possession of your Orators said father whilest he liued in right belonging vnto your Lordships said Orator are now by casuall and sinister meanes comen to the hands and possession of one H. H. of O. in the said Countie of Y. who by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made and conueyed vnto himselfe and to others to his vse diuers and sundry secret estates thereof and doth pretend wholie to disinherite your Lordships said Orator of the same notwithstanding your said Orator hath by diuers and sundry meanes in friendly maner oftentimes sought to haue the said Euidences and Copyes and requested the same at the hands of the said H. H. and also that he would yeld vnto your said Orator the quiet possession of the said mesuage lands and premisses to whom he doth well know the same in right to belong and appertaine yet that to do he hath not onely denyed and refused and still doth denie and refuse to do the same But of his further malice against your said Orator he doth threaten your Orator in such sort that your Orator for want of the said Euidences and Copyes dareth not make his iust and lawfull entrie in and to the same And also the said H. hath committed and doth continue daily great and outragious wastes and spoyles in decaying of the houses felling downe of the wood and tymber trees of the premisses to your Orators great losse and disinherison and contrarie to all right equitie and good conscience In tender consideration whereof and forasmuch as by the strict course of the common Lawes of this Realme your Lordships said Orator hath not any ordinarie remedie for the obteyning and recouering of the said Euidences and Copyes for want of the certeine knowledge of the contents and dates thereof and what in them be conteyned neyther can your Orator learne against whom to commence any suit for the said mesuage lands and premisses for that the said H. H. and others to your Orator altogether vnknowen haue confederated them selues together against your said Orator and haue contriued and made amongst them selues diuers secreat estates conueyances and haue so intermingled the same to and with other lands tenements and hereditaments to and with certeine of their owne freehold and inheritance that your Orator knoweth not which the same be nor how much thereof the said H. H. other his confederates do seuerally hold whereby to commence any action or suit or make any lawfull entrie into or for the same without your Orators great daunger And yet your Orator hopeth that vpon the corporall Oath of the said H. H. he will manifest such matter whereby your Orator may the more better easily and readily proceede and attaine to the recouering of his iust lawfull right and inheritance of the premisses For the furtherance whereof it may please your good Lordship to graunt vnto your said Orator her Maiesties most gratious writ of Subpena to be directed to the said H. H. commaunding him there by at a certaine day and vnder a certaine paine therein to be limitted personally to be and appeare in her Maiesties high Court of Chauncerie then and there to aunswere to the premisses c. The Answere of H. H. defendant to the Bill of complaint of H. E. complainant THe said defendant saith that the said bill of complaint against him Sect '
your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. L. c. A Bill for making false Affidauit for apparance IN most humble wise sheweth vnto your good Lordship your Lo. Orator Sect ' 101. M. F. of L. Gentleman That whereas vpon suite heretofore and yet depending in this honorable Court betweene your Lo. saide Orator then plaintife and one R. A. defendant in the said suit her Maiesties writ of Subpena was out of this said Court vnto the said R. A. directed commaunding him thereby at a certaine day therein limitted to appeare before your Lo. in the said Court and to answere to your L. said Orator in and touching the said suite Now so it is and it may please your good Lordship that the said R. A. not hauing any regard of her Maiesties said processe of Subpena so to him directed but seeking deceiptfully and fraudulently to neglect and disobey the same procured one E. B. his seruant a very lewde person and fit minister for such a purpose to come vnto this honorable Court of Chancery and there most corruptly falsely and periuriously to swere and depose vpon the holy Euangelist that the said R. A. at that time was lame and not able to trauell to this Court without great danger aâ— his health for that the paines of his lamenesse was such that he was perswaded by his friends to goe to the Bath being thirtie miles distant from his dwelling house or thereabouts and that he was gone to the said place with much a doe and there remained at the taking of his saide Oath wherein the said E. B. by the meanes subornation and procurement of the said R. A. hath most wickedly committed most willfull and corrupt periurie Forasmuch as the said R. A. was at that time in very good and perfect health ability and soundnesse of bodie without any manner of lamenesse or debilitie so as he might haue verie well trauelled without hurt or daunger of his health and was at that time at C. in the County of L. and not at Bath as the said E. B. in his said deposition most vntruely deposed May it therefore please your good Lordship c. A Bill to be relieued of an Obligation with condition for that the money was paide accordingly IN most humble wise complaining sheweth vnto your good Lordshippe Sect. 102. your daily Orator N. K. of F. in the Councie of D. husbandman and I. B of A. in the same Countie husbandman That where one N. B. of F. in the Countie of S. Gentleman hauing neede to vse and borrowe money for his necessarie vse entreated your saide Orator to borrow of one M. E. of A. in the said Countie of D. widow the summe of xx l which your said Orator did according to the request of the said N. And for the repayment therof to the said M. your said Orator became bound to her the said M. by obligation in the summe of fortie pounds with condition for the payment of the said twentie pound at a day now past which twentie pounds he the said N. hath well and truely contented satisfied and paid to the said M. according to the condition aforesaid Which notwithstanding so it is if it may please your good Lordship yet doth the said M. against all good dealing detaine the said obligation in her hands notwithstanding sundrie requestes made vnto her by your said Orator for the deliuerie thereof against all right equitie and good conscience minding as it should seeme to put the same in suite eyther against your Orator or his executors when opportunity serueth In tender consideration whereof and forasmuch as your said Orator hath not any ordinarie remedie by the course of the common law to compell the said M. to deliuer the said bond or to cancell the same according as in right she ought to doe May it please your good Lordship to grant c. A Bill for that the Plainiife hath not according to promise procured an acquittance for rents by him paide to the Defendant by the appointment of his lessor HVmbly complaining sheweth vnto your honorable Lordship your Sec ' 103. daily Orator I. M. of M. in the Countie of Yorke yeoman That whereas about the first yeare of the Raigne of the late King Edward the sixt one I. M. late father of your said Orator was lawfully seised in his demesne as of fee of and in certaine lands and tenements with the appurtenances in S. and within the parish of S. in the said Countie and being thereof so seised died thereof so seised By and after whose death the said tenements and premisses with the appurtenances discended and came as of right they ought to discend and come to your said Orator as sonne and next heire of him the said I. M. after whose death your sanâ— Orator entered into the said tenements and premisses with the appurtenances and was thereof seised in his demesne as of fee and being thereof so seised one mesuage or tenement one garden one orchard one close or croft therunto adioining diuers lands meadowes and pastures parcell of the premisses were assigned to A. M. late wife of the said I. M. deceased for her dower of the said lands of her said husband by force whereof she was thereof seised in her demesne as of freehold and she being thereof so seised afterwards that is to say about the sixt day of Iune in the fourth and fifth yeare of the Raigne of King Phillip and Queene Marie by Indenture dated the day and yeare abouesaid granted and to ferme did let vnto your said Orator the said lands tenements and premisses to hold from the date of the said Indenture vnto the ende and terme of three score yeares if she should so long liue reseruing thereupon to her yearely during the said terme of three score yeares if she so long liue three pounds of lawfull English money which yearely rent of three pounds your said Orator did well and faithfully pay vnto the said A. and her assignes vntill about the tenth yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is at which time the saide A. did grant and assigne thirtie shillings yearely parcell of the said yearely rent of three pounds during her life to one R. M. of E. in the countie of D. Cutler And afterwards that is to say about the twentith yeare of her Maiesties said Raigne the said A. for sundrie considrations did appoint the saide R. to receiue the other thirtie shillings yearely residue of the said yearly rent of three pounds to his own vse And your saide Orator euer since the said grant and appointment hath yearely paide vnto the saide R. as well the said thirtie shillings rent so to him granted by the said A. as the said other thirtie shillings rent residue of the said three pound rent In tender consideration whereof the said R. M. about the first day of Iune last past
conscience In tender consideration whereof and for so much as the said Earle knoweth not the certaine dates and other the certainties of the said deeds charters euidences exemplifications c. neither wherein they or any of them be contained therefore haue not any ordinary remedy by the common lawes of this Realme to recouer the same deeds euidences c. or any of them and wanting the same deeds c. is in daunger to loose many franchises liberties and commodities belonging to the said seuerall manors hundreds and premisses May it therefore please your honorable Lordship to graunt vnto the said Earle the Queenes Maiesties most gratious writ of Subpena to be vnto him directed commaunding him to appeare before your honorable Lordship in her Maiesties high Court of Chancery c. A Bill for not making of an assurance of landes according to a couenant alleaging the Indenture thereof to be come to the defendants handes and that some of the defendants were within age at the making of the same Indenture COmplaining sheweth vnto your honorable Lordship Gilb. Earle Sect ' 109. of S. sonne and heire of the right honorable George late Earle of S. deceased and administrator of the goods and chattels which were the late Earles at the time of his death That whereas about the moneth of September which was in the two thirtieth yere of the raigne of the Queenes most excellent Maiestie that now is one R. E. of H. in the County of D. gentleman was seised in his demesne as of fee of and in one Annuitie or yearely rent charge of twentie pounds by the yeare issuing and going forth of certaine landes in B. in the said Countie of D. and of and in one other Annuitie or yearely rent charge of fortie markers by the yeare issuing and going forth of certaine landes and tenements in B. aforesaid And where also he then had to him and his heires to thuse of him and his heires for euer by conneiance from one P. B. Esquier one melting house and certaine ground then lately vsed to the same And where further the said R. E. by conueyance from the said P. B. then had to him and his heires for euer the Tyeth of the Corne and Hey renewing comming or growing within B. aforesaid or else where within the seuerall parishes of D. or S. or eyther of them in the said County of D. And where also one T. E. sonne heire apparant of the said R. E. then also had by conueiaÌ„ce from the said P. B. to chuse of the said T. E. and his heires for euer diuers and sundry lands tenements hereditaments with thappurtenâ—â—â—ces in B. aforesaid And where also one G. E. second sonne of the said R. E. then had by conueyance from the said P. B. vnto the vse of the said G. E. his heires and assignes for euer the manor of B. with thappurtenances diuers lands tenements hereditaments with thappurtenances as by seuerall conueyances of the said seuerall tenements things premisses to the said R. T. and G. before that time seuerally made appeareth by force wherof they were thereof lawfully seised seuerally in their seueral demesnes as of fee And being thereof so seised they the said R. E. T. E. G. E. for a certaine summe of money to them well truly paid by the said late E. and for other consideratioÌ„s them then especially mouing by Indenture hearing date in or about the said moneth of Sept. in the xxxii yeare aboue said made betweene them on the one party and the said G. late Earle of S. on the other party did fully freely and absolutely alien grant borgaine sell vnto the said G. late Earle of S. his heires assignes for euer the said manor of B. with al his rights meÌ„bers appurtenances in the said Countie of D. And all singuler mesuages tofts cotages houses c. to the said Manor of B. belonging or in any wise appertaining And all other the mesuages lands tenements rents reuersions seruices and hereditaments of the said R. T. and G. E. and of euerie of them whatsoeuer scituate lying c. Together withall the reuersion and reuersions remainder and remainders of all and singuler the premisses and euerie part thereof with thappurtenances and all estate right title interest claime vse possession and demaund of them the said R. E. T. E. and G. E. and of euerie of them whatsoeuer of in and to the said Manor mesuages landes tenements hereditaments and other the premisses before mentioned and of in and to euery part thereof Excepting and for prising one grant made by the said P. B. to the said R. his heires and assignes for euer of common of pasture for all c. To haue and to hold the said Manor lands tenements and premisses with thappurtenances except before excepted vnto the said G. late Earle of S. his heires and assignes for euer to the onely vse of him the said late Earle his heires and assignes for euer And in consideration of the premisses the said late Earle by the said Indenture of bargaine and sale did grant vnto the said R. E. his heires and assignes for euer to the onely vse of the said R. his heires and assignes for euer one Annuitie or yeareiy rent charge of one hundred pounds of lawfull English money to be issuing and going out of all and singuler the said manor lands tenenmets and premisses except before excepted and except such lands tenemeÌ„ts hereditaments as were then assured or conueyed for the Iointure of the right Honorable Elizabeth then and yet Countesse of S. to be paide at the feast of S. Michaell the archangell and the Annunciation of the virgin Marie by euen portions or to this or the like effect and meaning as in and by the said Indenture of bargaine and sale amongst other things plainely appeareth the precise contents whereof this complainant cannot more certainely set downe for want of the said Indenture And whereas also as this complainant hath heard it was in and by the said Indenture of bargaine and sale couenanted and granted on the part of the said R. E. T. E. and G. E. to and with the said G. late Earle of S. this complainants said late Father his heires and assignes and euery of them that they the said R. E. T. E. and G. E. their heires and assignes and euery of them other then such person and persons for the time being whose estates and interests are in the same indenture excepted their executors administrators and assignes and euerie of them in respect onely of the same estates and interestes so excepted and euerie of them should and would at all times hereafter for and during the space of certaine yeares next ensuing the date of the said Indenture of bargaine and sale now almost ended and expired at and vpon the lawfull and reasonable request and at the costs and charges in the law of the said late Earle his heires or assignes or some
of them do make and knowledge and suffer cause and procure to be done made and knowledged all and euerie such further lawfull and reasonable act and actes thing and things deuise and deuises in the law whatsoeuer for the further and more better assurance suretie and sure making and conueying of the said Manor of B. and the mesuages lands tenements and premisses with thappurtenances in the said Indenture mencioned to be bargained and sold except before therein excepted vnto the said late Earle his heires and assignes to the onely vse and behoofe of the said Earle his heires and assignes for euer according to the true intent and meaning of the said Indenture were it by fine feoffement recouerie deed or deeds inrolled the inrolement of the said Indentures release confirmation with ioynt or senerall warranty of the said R. E. T. E. and G. E. their and euerie of their heires against them the said R. E. T. E. G. E. their and euery of their heires and assignes euerie of thē against all and euerie other person and persons whatsoeuer claiming in by frō or vnder them or any of thē or otherwise with like warranty or without warranty as by the said Earle his heires or assignes or his or their counsell learned in the lawes should be deuised aduised and required so as none of the said actes or things concerning the said further assurance should stretch or extend to any other or further warranty or warranties o◠the premisses or any part thereof then as is before expressed or to that effect and meaning as in the same Indenture of bargaine and sale appeareth But now so it is if it may please your honorable Lordship that at the time of the making of the said Indenture of bargaine and sale vnto the said late Earle the said T. E. and G. E. were within and vnder the age of one and twentie years And shortly after the making of the said Indenture and before the same was either knowledged or inrolled or any estate executed thereupon by Atturnement Liuerie of seisin or otherwise that is to say vpon or about the seuenteenth day of Nouember next ensuing the making of the said Indenture the said G. late Earle of S. died by and after whose death the right to haue and inherite the said Manors lands tenements and premisses with the appurtenances discended and came as of right the same ought to discend and come vnto this complainant as his eldest sonne next heire shortly after whose death the administration of all the goods and chattels of the said G. late Earle of S. was by the right Reuerend father in God I. by the prouidence of God Archbishop of Canterbury Primate Metropolitaine of all England committed to this complainant now Earle of S. who administred the said goods chattels accordingly And further so it is if it may please your good Lordship that the part or counterpaine of the said Indenture of bargaine and sale belonging to the said late Earle is since the death of the said late Earle by casuall meanes comen to the handes custodie and possession of the said R. E. T. E. and G. E. or of some of them or of some other person by their priuity and consent the full contents whereof are vtterly vnknowen to this complainant by colour whereof and for that the said T. E. and G. E. were so as is aforesaid within age at the making of the said Indenture they the said R. E. T. E. and G. E. hauing a great desire to haue the said manors lands tenements and bargained premisses and thereof to disinherite and defeat this complainant contrary to the true intent and meaning of the said Indenture Notwithstanding that this complainant hath yearely sithence the making of the said Indenture well truely satisfied and paid vnto the said R. E. the said Annuity or yearly rent charge of 100. pounds by the yeare in the said Indenture mentioned according to the tenor forme and effect of the same Indenture as this complainant verely thinketh And notwithstanding that this complainant hath sundrie times aswell by himselfe as by diuers others of his seruantes and friends in his behalfe sent and come vnto the said R. E. T. E. and G. E. gently requiring them and euery of them to redeliuer vnto your said Orator the said part or Counterpaine of the said Indenture of bargaine and sale of the premisses And also to make vnto him this complainant and his heires further conueyance and assurance of the said manor tenements and premisses by fine to be leuied before the Iustices of the common Plees at Westminster and for that purpose in the terme of Saint Hillarie which was in the foure and thirtieth yeare of the Queenes Maiesties Raigne that now is at Westminster in the Countie of Middlesex this complainant required the said R. and T. according to the tenour true intent and meaning of the said Indenture of bargaine and sale thereof to come before Sir E. A. knight then and yet chiefe Iustice of her Maiesties Court of common Plees at Westminster to make cognisance before the same E. A. Knight of the said manor tenements and premisses with thappurtenances in forme of Lawe that a fine thereupon might haue beene leuied to the vse of this complainant and his heires for euer yet that to doe they and euery of them haue euer hitherto refused and denied and yet doe denie and refuse to doe the same contrarie to the forme and true meaning of the couenants and agreements in the said Indenture of bargaine and saile thereof conteyned and against all right equity and good conscience and to the manifest defeating and disinheriting of him this complainant of and in the said manor landes tenenements and premisses and contrary to the true intent and meaning of the same Indenture of bargaine and sale thereof except speedie remedie be in due time prouided to preuent the same Wherefore the premisses considered and for so much as the said complainant not knowing the certaine deate and contents and other certainties of the said part or Counterpaine of the said Indenture of bargaine and sale nor wherein the same is contained whether in bagge boxe or chest locked sealed or otherwise and so hath none ordinary remedy by the due course of the common lawes of this Realme for the recouery thereof And without the same Indenture hath no direct action by the common lawes of this Realme to compell the said R. E. T. E. and G. E. or any of them to assure vnto him this complainant the said manor lands tenements and premisses according to the said bargaine thereof for lacke of the said Indenture both partes thereof being come to the hands of the said defendants Neither if this complainant had the said part or Counterpaine of the said Indenture as he hath not yet had he not thereby any meanes by the common lawes of this Realme to compell the said T. E. and G. E. or either of them to performe
in his demesâ—e as of fee by disseisin as is aforesaid of the said mese orchard garden and croft without that that the said defendant I. W. did hold the said mannor of Capishorne of the saide complainant in manner and forme and by such seruices as by the said bill of complaint is alledged Or that there is any such mannor of C. to the knowledge of this defendant or that the said I. W. did or doth hold the said mannor of C. of the said complainant to the knowledge of the saide defendant or that the saide defendant had any other meses lands or tenements which at any time were the meses lands or tenements of the saide I. W. other then the said mese lands and tenements called W. or that the said mese lands and tenements called W. are or at any time were parcell of the said mannor of T. and if the said mese lands and tenements called W. had beene parcell of the said mannor of C. as they were not or if the saide defendant did hold the saide mese lands and tenements called W. of the said complainant acording to the quantitie of the said rent and seruice as the said complainant by his saide bill of complaint hath supposed as he doth not indeede yet forsomuch as the said complainant is seised of parcell of the said lands and tenements called W. by disseisin as is aforesaide and the same mese lands tenements called Woodford are holden all by one entire tenure the whole rent and seruices are suspended during the time of the saide deseisin and the said defendant is and ought by the lawe to be discharged during the time of the saide disseisin without that that any Euidences deedes writings or Courtrowles concerning the said mannor of Ouer or the said rent and seruice at any time came to the hands custodie and possession of the said defendant or that the said defendant doth intend vtterly to disinherit the saide complainant of the said rent and seruices or doth wrongfullie denie to do the the said complaynant any seruices which he ought to do or pay or that any other thing c. All which matters c. A Replication to the Answere next before The Replication of Sir T. H. Knight to the Aunswere of H. S. Esquier THe said complainant saith in all and euery thing as he before in his Sect ' 178. bill hath saide and auerreth all and euery thing therein conteined to be good and true in such manner and forme as in his said bill is alledged without that that the saide R. B. named in the saide aunswere did wrongfullie enter by the commaundement of this complaynant into the said mese other the lands named in the said answere being parcell of the said lands tenements called Woodford or thereof disseised the said defend to the vse of the said compl as by the saide answere it is vntrulie alledged or that the said compl did agree to any such entrie disseisin as by the said aunswere is supposed or that this compl was or is by force thereof seised by dissesin of the saide mesuage orchard and garden named in the said answere as by the said answere is vntruly alledged or that any other matter or thing alledged in the saide answere materiall to be replied vnto which heere in this replication is not confessed and auoided denied or trauersed is true All which matters c. G. Ge. A bill containing that the plaintife by bargaine and sale by feoffement and fine bought one mese c. in fee and that diuers euidences concerning the premisses are casually come to the plaintifes hands and that by cullour thereof the plaintife hath entred into parcell of the premisses and expulsed the plaintife from the possession thereof and wrongfully keepeth the same To the Right Ho. and the reuerend Father in God Stephen Bishop of Winchester COmplayning sheweth vnto your ho. Lo. your Orator H. S. Esquier Sect. 179. that where one I. W. of C. in the County of C. was seised in his demesne as of fee of in one mese one gardeÌ„ one orchard 60. acres of land meadow wood and pasture with the appurtenances in W. called W. in the Countie of C. and the said I. W. and his ancestors whose heire he is did coÌ„tinue peaceable possession of the premisses by the space of 100. yeares and aboue and the said I. W. so being thereof seised for certeine great summes of money to the said I. W. by your said Orator coÌ„tented paid did bargaine sell the premisses vnto your said Orator his heires to the proper vse of your said Orator of his said heires for euer and thereupon did by his deede sufficient in the lawe giue grant confirme yâ— premisses vnto your said Orator his heires for euer And for a further assurance thereof to be had vnto your said Orator and his heires the said I. W. before the Iustice of yâ— said County of C. did leuie a fine sur conusance de droit of the said mese lands and tenements vnto your said Orator and by by the same fine the said I. W. did knowledge all the right which he had in the same mese lands tenements to be the right of your saide Orator as those which your saide Orator had of his gift as by the said deede fine more at large it doth may appeare by force whereof your said Orator entred into the premisses was thereof seised in his demesne as of fee. But so it is if it may please your hon Lo. that diuers euidences deeds escripts miniments concerning the premisses are casually come to the haÌ„ds custodie possession of one Sir T. H. Knight who by coulour of hauing thereof hath wrongfully entred into the said mese orchard gardeine and into one croft conteining by estimation 2. acres of land lying adioyning vnto the said mese on the Southeast part of the said mese parcell of the premisses and expulsed your said orator from the possession thereof And the said Sir T. H. doth still wrongfully keepe your said Orator from the possession of the said mese orchard garden croft And although your said Orator haue diuers times required the said Sir T. H. not only to permit and suffer your said orator to haue inioy the said mese lands and tenements but also to make deliuerie thereof vnto your said orator which to do the said Sir Tho. at all times hath refused yet doth refuse contrary to right equitie and conscience In consideration whereof and for so much as your saide Orator knoweth not the certaintie of the saide Euidences deedes and writings nor wherein they be conteyned therefore he is without remedie by the order of the common lawe It may therefore please your honorable Lordship to graunt c. The Aunswere of Sir T. H. Knight to the Bill of complaint of H. S. THe said defend saith yâ— the said bill of compl is vncerteine insufficient Sect ' 180.
prâ—fato A. haered ' assignatis suis decimo die Sept inter horam nonam ante meridiem horam tertiam post meridiem eiusdem diei annuatim apud domum siue mansionalem vilgariter nuneupatum S. situatÌ„ in foro suo vocato le Market stead in villa C. in comitatu D. soluend ' ✿ Et si contingat praedictam annuitatem siue annualem redditum septem librÌ„ aretro fore in parte vel in toto perspacium xiiij dierum post praedictam decimam diem Sept. quo vt praefertur solui debeat non solutÌ„ quod tunc praedictÌ„ C. haeredes sui forisfacient eidem A. haeredibus suis xijj s. iiij d' nomine penae toties quoties praedicta nnuitas siue annualis redditus aut aliqua inde parcella sic aretro fore contigerit Et bene licebit praedictÌ„ A. haeredibus suis in praedictum manerium caetera praemissa cum pertinentijs in quamlibet inde parcell ' intrare distringere tam pro praedicta annuitate siue annuali redditu septem librÌ„ pro qualibet inde parcell ' quam pro praedictÌ„ xiij s. iiij d' nomine penae eidem A. haeredibus suis forisfactÌ„ toties quoties sic aretro fore contig erit non solutÌ„ districtionesque sic ibidem captÌ„ habitas licite abducere asportare effugare penes â—e retinere quousque tam de praedicta annuitate siue annuali redditu septem librÌ„ quam pro pÌ„dictis xiij s. iiij d' nomine penae toties forisfac ' plenarie fuerÌ„ eidem A. haeredibus suis satisfact ' persolutÌ„ c. A fine in which the Conusors graunt to the conusees in taile an annuall rent of 4. li. issuing out of a manor payable at two feastes in the yeare with a clause of distres for the said rent and for xx s. Nomine penae if the rent be not paide Staff ss PRaecipe c. quod iuste c. tenÌ„ conuenc ' c. de manerio Sect. 102. de B. Et nisi c. ¶ Et est concordia talis qÄ‘ praedict ' I. B. E. recognouerunt manerium praedict ' cum ê‘tineÌ„tijs esse ius ipsius R. vt ill ' quae ijdem R. et M. habent de dono praedictorÌ„ I. E. Et ill ' remiser quietÌ„ clamauerÌ„ de ipsis I. et E. haered ' ipsius E. praedict ' R. et M. haered ' ipsius R. imperpetuuÌ„ Et praeterea ijdeÌ„ I. E. concesserunt ê“ se et haered ' ipsius E. qÄ‘ ipsi warrantÌ„ pÌ„d ' maneriuÌ„ cum pertinÌ„ praef R. et M. et haered ' ipsius R. contra omnes homines imperpetuuÌ„ ✿ Et pro hac recognitione remissione quietÌ„ clamatione warrantÌ„ fine et concordia ijdeÌ„ R. et M. concesserunt prose haered ' suis praef I. et E. et haered ' de corpore ipsius E. legitime procreatÌ„ quatuor libras redditÌ„ exeuntÌ„ de manerio pÌ„dict ' cum ê‘tinentijs Et illum eis reddiderunt in eadeÌ„ curia Habend ' et percipiend ' singulis annâ—s scilicet vnam medietatem inde ad festum S. Mich. aliam medietatem inde ad festum Annunciationis beatae Mariae virginis eisdem I. E. haered ' de corpore eiusdem E. legitime ê“creatÌ„ ae quis porcionibus annuatim soluenÄ‘ permanus tenentium qui idem manerium cum pertinentijs inposterum tenebunt Et praeterea ijdem R. M. concesserunt pro se haeredibus suis quod si praedictus redditus ad aliquem terminum quo solui debeat aretro fuerit in parte vel in toto quod tunc bene licebit praef I. et E. et haered ' de corpore ipsius E. legitime procreatÌ„ distringere praedict ' R. et M. haeredes suos ac illos qui idem manerium inposterum tenebunt per omnia bona catalla in eodem manerio cum pertinentijs inuentÌ„ pro xx solid ' nomine penae pro quolibet termino sic aretro existentÌ„ per spacium vnius mensis Et ea retinere vsque ad plenam solutionem tam de praedictis quatuor libris redditÌ„ quam de praedictis xx solid ' nomine penae quae eis sic aretro fuerint c. A writ of Couenant for the Queene for the tith corne of a parish and the maner of the endorsement therof by her Atturney generall Essex ss PRaec ' A. B. et C. qÄ‘ tenÌ„ nobis conuentioneÌ„ inter nos Sect. 103. pÌ„f. A. et C. factam de omnibus et omnimod ' decimis granoruÌ„ crescenÌ„ ê“uenienÌ„ siue renouanÌ„ infra parochiaÌ„ de Hoton Et nisi fecerint summÌ„ per bonos summonitÌ„ c. Hoc breue indorsetur sic ¶ Ed wardus Cook armig ' AttornÌ„ dominae Reginae generalis pro eadem domina Regina sequitur hoc breue A Fine knowledged by T. W. to I. R. of one messuage one barne of land meadowe and pasture with warranty against all men Essex ss PRaec ' T. W. arÌ„ quod iuste c. teneat I. R. conuenciones Sect ' 104. inter eos fact ' de vno messuagio vno horreo xxv acris terre quatuor acris prati decem acris pasture cum pertinenÌ„ in L. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' T. recognouit tenÌ„ta praedict ' cum pertinentiâ—s esse ius ipsius I. vt illa que idem I. habet de dono praedict ' T. Et illa remisit et quiete clamauit de se hered suis imperpetuum Et preterea idem T. concessit pro se hered ' suis quod ipse warrantizabit tenementa praedict ' cum pertinentijs pref I. et hered suis contra omnes homines imperpetuum Et pro hac recognicione c. A Fine knowledged by T. B. and E. his wife of a manor of two messuages of land pasture wood and rent and v. s. rent to I. K. with warranty against all men And the said I. K. by the same fine granteth and rendreth back againe the premisses to the said conusors and to the heires of the said T. one of the said conusors for euer PRaecipe T. B. E. vxori eius quod iuste c. teneant Sect ' 105. W. L. et I. K. conuenciones inter eos fact ' de manerio de W. cum pertinenÌ„ ac de duobus messuagijs octaginta acris terre centum acris pasture sexaginta acris bosci quinque solid ' redditus cum pertinÌ„ in H. B. Et nisi c. ¶ Et est concordia talis scilicet quod praed ' T. et E. recognouerunt maneria tenementa redditÌ„ praedictÌ„ cum pertinenÌ„ esse ius ipsius W. vt illa que ijdem W. I. habent de dono praeÄ‘ T. et E. et illa remiserunt quiete clamauerunt de ipsis T. E. hered ' suis praef W. et I. hered ' ipsius W. imperpetuum Et
preterea ijdem T. et E. concesseruÌ„t pro se hered ' ipsius E. quod ipsi warrantizabunt maneria tenementÌ„ redditÌ„ praeÄ‘ cum pertinentijs prefatÌ„ W. I. hered ' ipsius W. contra omnes homines imperpetuum Et pro hac recognicione c. ijdem W. et I. concesserunt preÄ‘ manerium tenÌ„ta et redditÌ„ praeÄ‘ cum pertinenÌ„ et illa ei reddideruÌ„t in eadem curia HabenÄ‘ et tenenÄ‘ eidem T. et hered ' suis imperpetuum A Fine knowledged by H. K. and I. his wife I. C. and K. his wife to R. G. of one messuage one garden of land pasture and the same conusors for them and the heires of lo doe warrant two parts of the premisses in iij. parts deuided to the câ—usee and his heires against all men for euer PRaecipe I. H. I. vxori eius quod iuste c. teneant R. G. conuenciones inter eos fact ' de vno messuagio vno gardino 40. acris terre quatuor acris pasture cum pertinÌ„ in c. Et nisi c. ¶ Et est concordia talis quod pÌ„d ' I. I. recognouerÌ„ tenementa praed ' Sect ' 106. cum pertinenÌ„ esse ius ipsius R. vt illa que idem R. habet de dono praedict ' H. I. I. K. illa remiserunt quiete clamauerunt de ipsis H. I. I. K. heredibus suis praefatÌ„ R. hered ' suis imperpetuum Et praeterea ijdem H. I. I. K. concesserunt pro se hered ' ipsius I. quod ipsi warrantÌ„ duas partes tenÌ„torum praedict ' cum pertinÌ„ in tres partes diuidenÌ„ pÌ„f. R. hered ' suis contra oÌ„nes homines imê‘petÌ„ Et pro hac c. A Fine knowledged by I. F. knight and M. his wife and R. H. of two messuages one garden one or chard and of land meadow and pasture to T. P. and I. K. with warrantie against all men And the conusees by the said fine graunt render to the said R. one of the conusors in the fine vi acres of land c. parcel of the premisses for one moneth to come next afterwards the same to remain to one I. now the wife of R. N. R. N. son of the said R and I during their liues and the longer liuer of them And after their deceases the the said vi acres of land to remaine to I. N. daughter of the said R. and I. his wife during her life reseruing a rent with clause of distres for non payment thereof And the residue of the premisses viz. the two messuages one garden one orchard c. the said conusees graunt and render to R. H. for one moneth and afterwards to one R. N. I. his wife To haue to hold to the said R. I. during their liues and the longest liuer of them reseruing also thereupon a rent with a clause of distres for non payment thereof And lastly the said conusees doe graunt and render the reuersion of the whole premisses and the seueral rents reserued vpon the said graunts and renders vnto the said I. F. and M. his wife two of the said conusors and to the heires of the said I. F. for euer PRaec ' I. F. militÌ„ ac M. vxori eius et R. H. quod iuste c. tenent Sect ' 107. T. W. I. K. c. de duobus messuag ' 1. gardinÌ„ 1. pomarÌ„ 21. acris tÌ„re 6. acrÌ„ pratÌ„ 58. acrÌ„ pasturÌ„ cuÌ„ ê‘tinÌ„ in M. Et nisi c. ¶ Et est concordia talis scz qd ' pÌ„d ' I. M. R. recognÌ„ tenÌ„ta pÌ„d ' cuÌ„ ê‘tinÌ„ esse ius ipsius T. vt illa que ideÌ„ T. I habeÌ„t de dono pÌ„f. I. M. R. Et illa remiserÌ„ quiete clamÌ„ de ipsis I. M. R. hered ' suis pÌ„d ' T. I. hered ' ipsius T. imê‘petuuÌ„ Et pÌ„terea ijdeÌ„ I. F. M. R. concesserÌ„ pro se Warrantie hered ' ipsius I. qd ' ipsi warrantÌ„ tenÌ„ta pÌ„d ' cuÌ„ ê‘tinÌ„ pÌ„f. T. I. hered ' ipsius T. contÌ„ oeÌ„s hoiÌ„es imê‘petuuÌ„ Et pro hac c. ijdem T. I. concesserÌ„ The Render of parcel of the premisses pÌ„d ' R. vj. acrÌ„ terre 3. acrÌ„ pasturÌ„ et 46. acrÌ„ prati de tenÌ„tis pÌ„d ' cum ê‘tinÌ„ illa ei reddiderÌ„ in ead ' curÌ„ Habend ' et et tenend ' eid ' R. pro termino vni mensis iam prox ' futurÌ„ Et post tÌ„minÌ„ illuÌ„ finitÌ„ easd ' 3. acrÌ„ tÌ„re 3. acrÌ„ pratÌ„ 46. acrÌ„ pasturÌ„ cuÌ„ ê‘tinÌ„ integre remanÌ„ cuidaÌ„ I. modo vxori cuiusd ' R. N. cuidaÌ„ R. N. filio eorund ' R. I. Habend ' tenend ' pÌ„f. I. et R. tota vita ipsorÌ„ I. et R. et eorÌ„ alterius diutius viuenÌ„ Et post decessuÌ„ eorund ' I. R. easdem 6. acrÌ„ tÌ„re 3. acras prati 46. acrÌ„ pasturÌ„ cuÌ„ ê‘tinÌ„ integre remanÌ„ I. M. filie pÌ„d ' R. et I. vxoi eius Habend ' et tenend ' eid ' I. filie tota vita eiusd ' Therent I. filie reddend ' inde annuatim pÌ„d ' T. I. hered ' suis centÌ„ 8. s. 10. d' ad sestuÌ„ Annunc ' c. per equales porc ' annuatim soluend ' Et si A clause of distresse contingat praed ' aÌ„nualem redditÌ„ Cviij s. x. d. vel aliqua inde ê‘cella a retro fore in ê‘te vel in toto ê‘aliquod festum festoruÌ„ pÌ„d ' quo siue quibus vt prefertur solui debeat non solutÌ„ Qd ' tunc beneliceat pÌ„d ' T. I. hered ' assignatÌ„ suis tam tota vita naturali pÌ„d ' I. R. N. modo vxoris pÌ„Ä‘ R. eorum alterius diutius viuenÌ„ quaÌ„ tota vita pÌ„d ' I. fil' in pÌ„d ' 6. acras terre c. cum ê‘tinÌ„ in quanilibet inde ê‘cellam intrare distringere districtionÌ„ sic ibid ' captÌ„ liceat inde abducere effugare penes se retinere quousque de pÌ„d ' annuali redditÌ„ Cviij s. x. d. de qualibet inde ê‘cella vna cuÌ„ arrerag ' eiusd ' si que fuerint eis plena sie satisfact ' ê‘solutÌ„ Et vlterius ijdem T. I. concesserÌ„ pÌ„d ' R. H. duo messuagia vnuÌ„ pomatiuÌ„ The render of the residue vnuÌ„ gardinuÌ„ 16. acrÌ„ terre 3. acrÌ„ prati 12. acrÌ„ pasture resid ' cuÌ„ ê‘tinenÌ„ tenÌ„torÌ„ praed ' Et illa ei reddiderÌ„ in eadem curia Habend ' tenend ' eid ' R. pro termino vnius mensis Et post terminuÌ„ ill ' finitÌ„ ead ' duo messuagia vnum gardinÌ„ vnuÌ„ pomarÌ„ xvj acrÌ„ terre tres acrÌ„ prati et duodeceÌ„ acrÌ„ pasture resid ' integre remanere â—uidam R. N. I. vxori eius Habend ' et tenend ' eisdem R. R. I. tota vita ipsorÌ„ R. R. et
I. et hered ' eorum alteriê° Rent for the residue A clause of distres diutius viuenÌ„ Redded ' inde annuatim pÌ„d ' T. et I. et hered ' eoruÌ„ xiij s. legalis monete Angl ' ad festa praed ' per equales porcionÌ„ soluend ' Et si coÌ„tingat praed ' annualem redditÌ„ xiij s. aut aliquam inde parcellam a retro fore in parte vel in toco post aliquod festuÌ„ festorÌ„ pÌ„d ' qua vt prefertÌ„ solui debeat non solutÌ„ Quod tunc bene licebit praef T. et I. in praed ' duo messuag ' vnuÌ„ gardinÌ„ vnum pomarÌ„ xvi acras terre 3. acras prati xij acras pasture resid ' cum pertinÌ„ quamlibet inde parcell ' intrare distringere districtionesque ibideÌ„ sic captÌ„ liceat abinde abducere effugare The render of the reuerfion of all the premisses and all the rents reserued et penes se retinere quousque de pÌ„d ' redditÌ„ xiij s. vna cuÌ„ arrerag ' eiusdeÌ„ si que fuerunt plenarie fuerint satisfact ' ê‘solutÌ„ Concesserunt etiaÌ„ pÌ„Ä‘ T. et I. K. pÌ„d ' I. F. M. reuersionÌ„ omniuÌ„ et singulorÌ„ tenÌ„torÌ„ pÌ„d ' cum ê‘tinÌ„ oeÌ„s redditÌ„ pÌ„d ' superius reseruatÌ„ illa eis reddiderÌ„ in ead ' curia Habend ' et tenend ' eisdeÌ„ I. et M. et hered ' ipsius I. imperpetuuÌ„ de capital ' dnÌ„is feodi illius ê‘ seruitia que ad pÌ„d ' tenÌ„tÌ„ cuÌ„ ê‘tinÌ„ ê‘tinent imê‘petuum A Fine knowledged by G. H. and D. his wife T. S. Esq and M. his wife of xl acres of land to R. B. and W. N. with warrantie And the conusces doe graunt and render to the said D. and to her heires all mines of coales in a close parcel of the premisses called Stanley field with libertie to digge for the same PRaecipe G. H. armÌ„ D. vxori eius T. S. armÌ„ M. vxori Sect ' 108. eius quod iuste c. teneant R. B. W. W. conuencionem inter eosfact ' de 40. acris terre cum ê‘tinÌ„ in Stanley Spendon Et nisi c. ¶ Et est concordia talis scz quod praed ' G. D. T. M. recognouerunt tenementa praed ' cum pertinÌ„ esse ius ipsius R. vt illa que ijdem R. W. habent de dono praedict ' G. D. T. et M. Et illa remiserunt et quiete clamauerunt de ipsis G. D. T. et M. hered ' suis pref R. et W. et hereÄ‘ ipsius R. contra praeÄ‘ G. D. T. et M. et hereÄ‘ ipsius T. imperpetuum Et ê“ The conusees do graunt and â—ender Coâ—le mines in part of the prâ—â—â—sâ—es to two of the conâ—sors and libertie to get them hac recogâ—icione c. praeÄ‘ R. et W. concesserunt pref G. et D. omnes mineâ—as carbonum vocatÌ„ all Mines of Coales existenÌ„ in quodam campo parcell ' tenementorum praeÄ‘ vocatÌ„ Stanley field necnon liberum ingressum et egressum in â—t super praeÄ‘ campÌ„ ad fodend ' in mineris illis pro carbonibus illis omni tempore Anni ad libitum ipsorum G. et D. et hered ' eiusdem D. Et illa omnia eis reddiderunt in eaÄ‘ curÌ„ HabenÄ‘ capienÄ‘ et percipienÄ‘ praedict ' minerÌ„ ingressus egressus ac libertatÌ„ praedict ' cum pertinentijs prefatÌ„ G. et D. et heredibus ipsius D. imperpetuum A Fine knowledged by W. K. and K. his wife of the third part of one messuage one barne one garden c. to I. K. and T. H. with warrantie against all men and the said conusees do graunt and render to the said S one of the conusors the said third part of the premisses from Micha or Thannunciation c which first shal happen to be next after the death of one E. now the wife of W. T. for the terme of xxi yeres reseruing a rent yerely to the conâ—sees with a clause of distresse for the said rent And lastly the said conisees graunt and render the reuersion of the said premisses to W. K. and K. hâ—s wife being ij of the said conusors in the said fine and to the heires of the said K. for euer PRaecipe W. K. et K. vxori â—ius quod iuste c. teneant I. Sect ' 109. K. et T. H. conuencionem inter eos fact ' de tertia parte vnius mefâ—agij vnius horrei vnius gardini 30. acrarum terre duarâ— acrarum prati et acrarum pastuâ— cum pertinenÌ„ in c. Et nisi c. ¶ Et est concordia talis scilicet quod praeÄ‘ W. K. S. recognoueruÌ„t tertiam partem praeÄ‘ cum pertinennÌ„ esâ—e ius ip sius â— vt illa que ijdem I. et T. habent de dono praedict ' W. K. S. Et illa remiserunt quiete claâ—auerunt de ipsis W. K. S. hereÄ‘ suis praefatÌ„ I. et T. hereÄ‘ Warrantie ipsius â— imperpetuum Et preterea ijdem VV. K. S. concesserunt prose hereÄ‘ ipsius K. quod ipsi warranÌ„ tertiam partem predict ' cum pertinentijs prefatÌ„ I. et T. et hereÄ‘ ipsius I. contra omnes homines imperpetuum The Render Et pro hac recognicione ijdem I. et T. concesserÌ„ praedictÌ„ S. tertiam partem praedict ' cum pertinenÌ„ illam ei reddiderunt in eadeÌ„ curia HabenÄ‘ tenenÄ‘ eidem S. a festo sancti Michaelis Arch. vel a festo Annunc ' beate Mariae virginis quod prius proximÌ„ contigerit vel eâ—it post mortem cuiusdam E. modo vxorÌ„ W. T. nuper vxorÌ„ R. C. defâ—nct ' vsque ad finem terminum xxj annorum extunc proximÌ„ sequâ—â— plenarÌ„ complenÄ‘ ReddenÄ‘ inde per AnnÌ„ praedict ' I. T. xij Ä‘. ad festum Annunciacionis beate Mariae virginis sancti Michaelis Clause of distresse for the rent Archang ' per equales portiones soluend ' Et si contingat praedict ' annualem redditÌ„ xij Ä‘. vel aliqua inde parcella aretro fore in parte vel in toto post aliquod festum festorum praedict ' quo vt prefertur solui debeat non solutÌ„ quod tunc bene licebit prefatÌ„ I. et T. hered ' assignatÌ„ suis in tertiaÌ„ paâ—tem praedict ' cum pertinenÌ„ in quamlibet inde parcellam intrare et distringere districtionesque sic ibidem captÌ„ liceat abinde abducere effugare asportare penes se retinere quousque de praeÄ‘ annuali redditÌ„ xij Ä‘. de qualibet inde parcella vna cum arreragijs eiusdem si quefuerint plenarie eis fuerit satisfact ' persolutÌ„ ConcesserÌ„ etiam praedict ' I. K. The graunt oâ— the reuersion the rent reserued vpon the leas for 21. yeres T. H. praed ' W. K. reuercionem 3. partis praed ' cum pertinÌ„ redditÌ„ pÌ„Ä‘ superius reseruatÌ„ Et illa eis rediderunt in eadem curia Habend ' tenend
award arbitrement order rule dome and iudgement of S. T. and W. R. arbitrators indifferently elected and chosen aswel on the part of the said A. B. on the one partie as on the part of the aboue named C. D. on the other partie to arbitrate awarde order and iudge of and vpon all and all maner of actions suites quarrels debts accompts trespasses controuersies debates and demaundes whatsoeuer had moued depending or accrewed or which might haue bin had or moued betweene the said parties at any time or times before the date hereof except one action of Eiectione firmae depending betweene the said parties in the Queenes Maiesties Court commonly called the Kings bench as by the Records thereof in the same Court remayning it doth and may appeare and except out of this submission all lands and tenements of the said A. B. or any like exception So alwaies that the same award arbitrement order and iudgement of and concerning the premisses be made by writing Indented vnder all their hands and seales before the first day of December now next ensuing and one part of the same deliuered or caused to be deliuered by the said Arbitrators to the said A. B. or his certain Atturney or Atturneâ—s deputie or deputies in that behalfe requiring the same the said first day of December now next ensuing at or in the parish Church of R. in the said Countie of Yorke And the other part of the said award be likewise deliuered by the said Arbitrators to the said C. D. or his certaine atturney or atturneis deputie or deputies in that behalfe requiring the same at the said day and place And so that by vertue or occasion of the said award neither of the said parties nor the seuerall heires executors or administrators of them or any of them be to do any act or thing to or by any straunger to the same award and to these presents And so as the said A. B. doe not discharge the said arbitrators before the said time That then this present obligation to be vtterly voide and of none effect or els to stande remaine continue and be in full strength and vertue Of the condition to performe an award of lands ANd if the award be coÌ„cerning a title to land the words in the condition may be thus Aswell of for and concerning the right title interest vse possession Sect 40. and demaund of and in the manor of S. with the appurtenances in S. in the said countie of Y. and all landes tenements and hereditaments with the appurtenances in S. aforesaid in the occupation of the said A. B. and his assignes as of and vpon all actions trespasses suites quarrels debts duties debates griefes inconueniences and demaunds had moued stirred or depending betweene the said parties concerning the said Manor tenements and premisses or any part thereof And also if the said A. B. before the feast of P. now next comming doe shew vnto the said Arbitrators all such writings as he hath concerning the said Manor and premisses at such time and place as the said Arbitrators shall appoint for the sight thereof So alwaies that c. vt supra That then c. vt supra Whether power to arbitrate may be assigned AN Arbitraitor chosen cannot graunt or assigne ouer his aucthoritie Sect 4â— of arbitation to any other 8. Ed. 4. fol. 1. and 9. because it is but a nude power which is not to be graunted ouer notwithstanding the opinion in 47. E. 3. 20. to the contrary Neither doth the submission extend to giue the Arbitraitors power to elect others Whether the Compromittors may discharge the Arbitrators or no. ANd it seemeth that albeit the parties haue agreed vpon daiesmen Sect 42. or Arbitraitors yet before the arbitrement made either of the parties may reuoke the authoritie giuen to the arbitrators and discharge them thereof for power may be countermaunded but if the submission be made by bond then the bond seemeth to be forfaited 5. E. 4. 1. 21. H. 6. 30. 28. H. 6. 6. 49. E. 3. 9. But by Ashton Iustice if 2. plaintifes one defendant or 2. defendants and one plaintife put themselues to the award of others neither the one plaintife without the other nor the one defendant without the other may discharge the arbitrators 28. H. 6. 6. And by Finch 49. E. 3. 9. If the submission be by deede the discharge must likewise be by deede So much of submissions arming the arbitrators with power Now of Arbitrements issuing from the same What an Arbitrement is AN Arbitrement or award therefore arbitramentum laudum arbitratus Sect 43. Libro intrationÌ„ debt in arbitrÌ„ 2. 3. is nothing else but the very dome order and decree pronouÌ„ced by arbitrators vpon the controuersie for the ending whereof they were chosen by the striuing parties Dier 356. 10. Eliz. pla 39. Of things regarded in Arbitrement IN the forme of euery Arbitrement fiue thinges are specially to be Sect 44. regarded First that it be made according to the very submission or compromise touching the things compromitted and euery other circumstance as is said 9. E. 4. 44. Plow 396. a Secondly that it be a finall ende of the controuersies compromitted 19. H. 6. 36. 21. Ed. 4. 38. Thirdly that it appoint either party to giue or do vnto the other some thing benesâ—ciall in apparance at the least 43. E. 3. 28. Dier 356. 19. Eliz pla 39. 12. H. 7. 39. H. 6. 9. 22. E. 4. 25. 7. H. 6. 40. 19. H. 6. 36. 10. Hen. 6. 19. Fourthly that the performance thereof be possible 22. H. 6. 46. 8. Ed. 4. 1. 9. 17. Ed. 4. 5. H. 7. Fifthly that there be a meanes how either party may by law attaine vnto that which is thereby awarded vnto him 5. Ed. 4. 24. 17. Ed. 4. 5. 18. Ed. 4. 22. 23. 5. H. 7. 23. For if it faile in any of these points then is the whole Arbitrement void and of none effect as it doth manifestly appeare by these special cases following As. An award that the parties shall obey the arbitrement of A. B. is void for power cannot be assigned 8. E. 4. 19. An award that any of the parties shal be bound or doe any other act by the aduise of the arbitraitors is not good because they cannot make seuerall awardes 18. Ed. 4. 22. 23. but that the parties shall be bound or make assurance by the aduise of Counsaile is good 18. Edw. 4. 22. 23. Arbitrement that the parties shall be nonsuit in actions is not good for euery award ought to be a satisfaction to the parties and a determination of things compromitted so as one party haue amends but when one hath bin nonsuit he may begin againe 19. H. 6. 36. 21. E. 4. 38. But an award that the parties shal make discontinuance and retraxits of their suits is good 21. E. 4. 38. 5. H. 7. 22. If the submission be of diuers things the award onely of some part
F. S. their heires and assignes as all the said manors and tenements by the said Indenture to them bargained and sold at the ensealing and deliuery of the same Indentures were discharged exonerated or saued harmelesse and from thencefoorth at all times and from time to time hereafter for euer should be discharged exonerated acquited or saued harmelesse by the said W. Lord M. his heires executors or administrators of and from all and singuler giftes grants leases charges and incumbrances had made granted or suffered in or to the premisses or any part or parcell thereof by the said Lord M. or by any other person or persons whatsoeuer other then the said estate of the said K. S. late Dutchesse of S. and certaine other things in and by the said Indenture excepted as by the said Indenture appeareth For performance of which couenant of the said Indenture the said Lord M. Eagle the second day of Iune in the said xii yeare became vounden vnto the said I. C. and vnto one M. S. of I. L. in the County of B. Esquire by recognisance knowledged in this high court of Chancery in the summe of two thousand pounds as thereby appeareth And shortly afterwards that is to say about sixe yeares now last past the saide K. late D. of S. died and the said I. C. and F. S. entred into the manors tenements and premisses with the appurtenances and were and yet be thereof seised in their demesnes as of fee by force of the said conueyance and the profits thereof arising and comming to their owne vse tooke and yet doe quietly so take the same without any interruption let or trouble of the said W. S. and M. his wife and their assignes and euerie other person or persons according to the couenant true intent and meaning of the said Indenture of bargaine sale And afterwards that is to say about fiue yeares now last past the said Lord M. for the summe of sixe thousand pounds or thereabouts did bargaine and sell to the said Earle and his heires the manor of B. in the County of Yorke and diuers other lands and tenements in B. and other places in the said County by force whereof the said Earle was thereof lawfully seised in his demesne as of fee and the issues and profits thereof arising and growing did quietly take and conuert to his owne vse from the time of the bargaine during all the life time of the said Lord M. W. S. which was by the space of three yeares after the death of the said Dutchesse or thereabouts And afterwards that is to say about fiue yeares last past the said M. died since whose death the said I. C. M. S. F. S. T. H. D. W. M. and I. T. And the said M. late wife of the said W. S. and executrix or administratrix of the said Will as the saide Earle is informed by the agreement and priuitie of Ed. Lord Morley and the Lady Elizabeth his wife daughter and heire of the saide Lord Mount Eagle hauing gotten into their hands the said Indenture of demise albeit that the said T. performed not the conditions and couenants betweene him the said Lord M. amongst themselues did conceale and frustrate the saide trust reposed by the saide Lord. M. in the saide W. S. and M. or the one of them to the intent to extend the saide Recognisance of two thousand pounds vpon the saide manor of B And such other lands and tenementes as the saide Earle hath purchased of the said Lord M. contrarie to the good meaning of the said Lord M. contrarie to the great trust and confidence by him reposed in the said W. S. and M. his wife and the true meaning of the said Indenture of lease And for that purpose haue procured the said estate and interest of the said W. S. and M. of the said third part to be conueied to the said M. to the intent that the said W. M. should enter into the said third part so leased as is aforesaid to disturbe the possession of the said C. and F. S. which he hath done accordingly to the intent that therby the said I. C. M. S. might haue some colour to extend the said Recognisance of two thousand pounds aginst yâ— said Earle notwithstanding that the said I. C. F. S. euer since the entrie of the said M. haue quietly occupied the said demised third part yet do quietly occupy the same not hauing had any damage thereby to the value of xii d by reason of the said lease All which notwithstanding if it may please your good Lordship the said M. S. F. S. and I. C. haue procured execution of the Recognisance of two thousand pounds to be sued against the said Earle by proces out of this honorable Court according to the forme and effect of the said recognisance for that as they suppose the said third part is charged with the said lease thereof made to the said S. and his wife and assigned by the said S. to the said W. M. who by force thereof hath entred into the said third part and disturbed the possession of the said I. C. and F. S. and their assignes And for that by meanes therof the said manors lands and tenements to them bargained and sold by the said Lord M. in forme aforesaid were not saued harmelesse by the said Lord M. or his heires of and from all and singuler leases had made or granted of the said manor and other the premisses mentioned in the said Indenture of Bargaine and sale according to the forme and effect thereof which said practise and compact is much against the said trust and meaning of the said Lord M. reposed in the said W. S. and M. â—is wife and against the true meaning of the said Indenture of lease Recognisance tending to the great losse and damage of the said Earle and against all right equity and good conscience if the said purpose should not be equity and consideration of this honorable Court be preuented and mette withall In consideration wherof and for so much as aswell the said trust touching the said lease as the said compact and agreement amongst the said parties to extend the said Earle his said lands by reason of the said Recognisance by matters secretly agreed vppon amongst themselues the said Earle not knowing any witnesses which were present at the making thereof so that the said Earle can very hardly make such proofe in this honorable Court thereof or of the said conditionall deliuerie of the said Indenture as is necessary in the behalfe vnlesse the said parties or some of them will confesse the same in their answeres vpon their Oathes in this honorable Court as the said Earle verely thinketh they will And for asmuch also as it is very likely that the said Lord M. would neuer haue entred into the said recognisance of two thousand pounds for the performance of the said couenants of the said Indenture of bargaine and sale without making
vpon any iust cause Neuerthelesse the aduantage of exception to the vncertaintie and insufficiencie of the said bill to these defendantes at all times saued For aunswere and declaration of the trueth they say and euery of them saith that true it is that one R. S. of F. in her Maiesties Countie of H. was in his life time seised in his demesne as of fee of and in one messuage and certaine lands and tenements in H. in the said County of H. and being so seised by his deed of foffement vnder his hand and seale about the xxxvi yeare of King H. the viii conueyed and assured the same messuage and lands vnto one I. S. his sonne and to his heires and assignes for euer as by the deed of the said R. vnder his hand and seale redy to be shewed vnto this honorable Court doth and may appeare By force whereof the said I. S. was thereof seised in his demesne as of fee And being so thereof seised for a certaine summe of money to him paid by W. G. father of one of the defendants did conuey and assure the said messuage and lands vnto the said W. G. and his heires with warrantie as by the deed and release of the foresaid I. S. doth and may appeare After which the foresaid W. G. the father vnto the said defendant died of the said messuage and lands seised After whose death these defendants entred into the said tenements and the same enioyed the their own profits and commodities as lawfull was for them to die without that that R. S. of H. in the said bill mentioned was seised of the messuage and lands in the bill mentioned in fee taile or that the said I. S. father of the complainant was seised of the premisses in the first yeare of King Edward the sixt or that the said W. G. father of one of the defendants got the possession of the messuage the euidences concerning the same other wise then was lawfull for him to doe Or that the defendantes or any of them do vniustly withhold the said messuage or lands in the bill mencioned or the euidences concerning the same otherwise then is lawfull for them to do in respect of their right And without that that the said messuage and lands with the euidences concerning the same do in right or equitie appertaine to the Complainant as sonne and heire to I. S. the father And without that that any other matter or thing in the said bill contained concerning these defendants and not in this answere sufficiently confessed and auoyded trauersed or denyed is true All which matters these foresaid defendants are c. vt supra The Replication THe Complainant auerreth and maintaineth his said bill of complaint Sect. 130. and all and euery the matters and things therein contained to be verie good iust and true in such sort maner and forme as in the said bill of complaint is declared And saith that the answere of the defendants for the most part is vncertaine vntrue and insufficient in the law to be answered vnto Neuerthelesse all aduantages of erception to the insufficiency thereof to this complainant at all times hereafter saued For replication saith in all and euery thing as in the said bill of complaint he hath said And further saith that he doubteth not but that he can verie sufficiently proue that the said I. S. this complainants father was about the first yere of the raigne of King Eow the sixth or not long before seised in his demesne as of fee taile of the foresaid mesuage lands and tenements in the said bill mencioned And he also hopeth to proue all the rest of the said bill to be true in such sort as the same is truely declared and set downe without that that the foresaid R. S. this complaynants graundfather being seised of the premisses in his demesne as of fee did lawfully by his deede of feoffement vnder his hand and seale about the xxxvi yere of king H. the eight conuey and assure the said mesuage and lands vnto one I. S. his sonne and to his heires and assignes for euer Or that the said I. S. being of the premisses seised in his demesne as of fee for a certaine summe of money to him paied by the said W. G. father of one of the defendants did lawfully conuey and assure the said mesuage and lands vnto W. G. one of the said defendants and his heires with warrantie as in the said answere is verie vntruely alleaged And without that that the said W. G. father to one of the defendants died of the said mesuage and lands seised in such fort as in the said answere is likewise declared or that it was lawfull for the said defendants after the death of the said W. G. to enter and occupie the foresaid mesuage and lands as also in the said answere is inserted And without that that any other matter c. All which c. vt supra A Bill for debt leuied by extent COmplaining sheweth c. A. B. of c. That whereas the said A. B. Sect. 131. in the beginning of her Maiesties Raigne liuing in her highnes Court for his furniture of iewels plate money and such like had credit with one C. D. Citizen and Goldsmith of London for the which as he had occasion to borrow any money or take by any wares so he deliuered his Bils or Obligations for the true paiment of any such money so borrowed or for the price of any such wares so bought at daies betwixt them agreed which daies he alwaies kept or tooke order for the for bearing thereof by himselfe or his seruants such as he did imploy in those affaires Amongst which there was in D. in the first yeare of c. a certaine debt or reckoning of how much certainely he now remembreth not betwixt him the said C. D. and the said A. B. for the which he the said A. B. was bound to the said C. D. in the summe of c. by his deed obligatory bearing date c. which Obligation as he now remembreth was single with a defeasance for the debt which was then agreed vpon to be answered at a certaine day following which said debt he the said A. B. paied accordingly by his then seruants and officers who vnknowing vnto the said A. B. did negligently as is to be coniectured leaue the bonds in the hands of the said C. D. after the reckoning and debt paid or discharged And so afterwards the said A. B. did deale and continue in further credit with the said C. D. for diuerse other great summes of money iewels and plate some vpon the said Goldsmithes booke and some vpon Bils and Bonds whereof the most part were afterwards discharged sauing one debt by Recognisaâ—ce about the foure and twentie day of c. in the c. being to the value of 200. markes In which said latter debt the said A. B. presuming of friendship and friendly dealing at the said C. D.
occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of coÌ„plaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in yâ— said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. â—ill for a title of land intailed IN most humble 〈◊〉 sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiueâ— and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof
it may please your good Lordship the premisses tenderly considered to graunt vnto your said Orator the Queenes most gratious seueral writs of Subpena to be directed vnto the said I. Werewick E. G. S. and T. S. commaunding them and euery of them by the same personally to appeare in the most honorable Court of Chauncery at a certain day vpon a certain paine by your good Lordship to be limitted therein then and there to make answere to the premisses And further to be ordered therein as shall accord with right and good conscience And your said Orator shall daylie pray c. The Answere of I. W. to the bill of complaint of R. K. husbandman THe said defendant saith that the said bill of complaint is vncertain Sect ' 136. and insufficient in the law to be answered vnto the matter therein contained vntrue principally imagined pursued by the vnlawfull procurement bearing supportation of one W. C. Esq to the intent to put the said def to trouble costes expences intending thereby the vnquiet impouerish the said def as they should be faine to leaue the right title and interest of and in the premisses so that the said W. might purchase buy the same of the said Complainant And of late the said W. C. hath made meanes vnto the said I. W. now def to buy his title interest of in the premisses and threatned him to haue the same and if he would not let him haue it with his good will that then he would haue it against his will whosoeuer tooke his part and if the contents of the said bill were true as they are not yet were the matter determinable at the common Law and not in this honorable Court whereunto the said def prayeth to be dismissed and yet neuerthelesse the aduantage of the premisses vnto this defendant at all times saued For further answere vnto the said bill for declaration of the truth of the contents of the said bill the said def saith euery one of them saith that longtime before the said A. R. mencioned in the said bill of complaint any thing had in the said messuage other the premisses or that the said W. R. was thereof enfeoffed T. R. of P. T. S. of S. and W. of E. were thereof seised in their demesnes as of fee so being thereof seised by their writing indēted ready to be shewed the said messuage other the premisses contained in y◠said bill of cōplaint amongst other things gaue demised deliuered by their said writing indented cōfirmed vnto the said W. R. mencioned in the said bill of complaint and vnto A. his wife To haue to hold the said messuages other the premisses vnto the said W. and A. for terme of their liues and to the wife of the longer liuer of them And the said T. and T. willed declared in the said writing indented that the said messuage all other the premisses should remaine vnto the said A. mentioned in the said bil of complaint vnto A. his wife vnto the heires assignes of y◠said A. for euer without y◠the said W. R. did enfeoffe of in the said messuage lands tenements other the premisses the said A. A. to haue to thē to their heires males of their two bodies lawfully begotten or that the said A. Agnes were seised of in the premisses in their demesnes as of fee taile as in the said bill of cōplaint is surmised without that that after y◠death of the said W. y◠the remainder of y◠premisses in fee simple discended vnto the said A. as sonne heire vnto him or that after y◠death of the said A. A. the said messuage other the premisses discended and of right ought to discend or come vnto the said I. R. in the taile especiall as sonne and heire male of the bodie of the said A. and Agnes lawfully begotten either any other discent of inheritance therein of a meere fee simple or that the said I. by his entrie into the said mesuage other the premisses after the death of his father mother was then seised of and in his demesne as of fee taile especiall or of any such estate dyed seised or that after the death of the said I. that the said mesuage and other the premisses or any part or parcell thereof discended and came or of right ought to discend and come to the said complaynant as brother and heire male to the said I. K. by vertue of any gift or otherwise as in the bill of complaint is vntruly surmised But the said defendants do auerre and are shall be at all times ready to proue as this honorable Court shall award that the said messuages and all other the premisses by and immediatly after the death of the said I. R. discended and of right ought to discend and come to one A. daughter and heire of the said I. lawfully begotten on the bodie of the said E. one of these defendants the which A. is yet in plaine life and in the ward and custodie of her said mother And without that that any deede of taile was made of and by the said W. R. the grandfather or any other euidence deeds writings or muniments concerning the premisses proouing the said interest and title of the said complaynant of the premisses and euery part and parcell thereof to be comen to the hands and possessions of the said I. W. and E. his wife or either of them or to the custodie or possession of any other by their deliuerie conueyance or appointment but trueth it is that the said defendants haue in their custodie one writing indented readie to be shewed whereby the remainder of the premisses is conueyed vnto the said A. and Agnes his wife and to the heires and assignes of the sayd A. for euer as is aforesaid and diuers other euidences and writings proouing and concerning the conueyance of the fee simple of the said mesuage and other the premisses vnto the said A. and other his auncestors the which charters euidēces writings the said def do still with them detaine keepe as good lawfull is for them to do as wel for y◠proofe and preseruation of their right title and interest vnto the third part of the premisses for the dowrie of the said E. as for the preseruation of the right title and interest of the said A. daughter and heire to the said I. of and in the said mesuage and other the premisses without that the said def haue at any time wrongfully entred into the said mesuage and other he premisses or into any part thereof or the profites thereof do wrongfully detaine and keepe frō the said complainants or the rents issues and profites thereof haue wrongfully destreyned perceyued and taken to their owne vse as in the same bill is also vntruely surmised A Supplication in the Chauncerie vpon deceipt by a Partner IN most
sÌ„ of rent suit of Court from three weekes to three weekes holden within the said manor of D. And the said I. W. so being seazed of the premisses hath now lately conueyed assured part of the said manor lands tenements in C. aforesaid vnto one H. S. Esquier his heires assignes by reason wherof yâ— said H. S. doth now hold the said parcell of land of your said Orator as of his said manor of D. by the seruice aforesaid by part of the said rent of vi sÌ„ acording to yâ— quaÌ„titie of the said lands so by him purchased of the said I. W. And so it is right ho. Lo. that diuers deeds euidences writings courtrolls aswell toÌ„cerning the said manor of D. as also coÌ„cerning the said renâ— seruice before rehearsed be now of late casually come to the hands custodie possession of the said I. W. and H. S. who by coulour thereof do intend now vtterly to disinherit your said Orator of his said rent and seruices and do deny refuse either to pay vnto your said Orator his said rent or else to do vnto him his said seruices And although your said Orator hath diuers sundry times required yâ— said I. W. H. S. aswell to deliuer vnto him the said Euidences deeds writings courtrolls as also to pay do vnto him the said rent seruices according as of right they ought to do yet neuertheles the said I. W. H. S. haue vtterly denied refused alwaies the same to do coÌ„trary to all equitie coÌ„science And forasmuch as your said Orator knoweth not the certaintie of the saide deedes euidences writings nor wherein yâ— same be conteined nor also knoweth not the certaintie of the said lands tenements that the saide H. S. hath purchased of the said I. W. therefore he is not only clearely without remedie for the recouerie of the said deeds and euidences but also by the order of the common lawe is not able to make any auowrie vpon the said H. S. for his said rent In consideration whereof may it please your good Lo. to graunt the King and Queenes most gratious writ of Subpena to be directed vnto the saide I. W. and H. S. commaunding them and either of them by vertue thereof personallie to apeare before your good Lordship in the King and Queenes most honorable Court of Chauncerie at Westminster there to make aunswere to all the premisses and therein to abide such order and direction as to your good Lordship shall be thought consonant to equitie and good conscience and your said Orator shall dayly pray to God for your good Lordship in health and honour long to continue An Answere to the bill next before The Aunswere of H. S. Esquier to the bill of complaynt of Sir T. H. Knight THe said defendant saith that the said bill of complaynt is vntrue Sect. 177. vncerteine insufficient in the lawe to be aunswered vnto and the matters therein conteined are determinable and ought to be determined at the Common lawe within the Countie Palantine of C. within which Countie aswell the saide complaynant as the saide defendant do dwell And also the said mannor and other the premisses mentioned in the said bill of complaint and supposed to be holden of the said complainant do lie and be and further saith that it apeareth by the saide bill of complaint that although it were true as it is not indeede that the said mannor of Capisthorne were holden of the saide complainant in such manner and forme as in his said bill is surmised yet the said defendant doth not nor can or ought by the lawe of the realme hold such parcell of the same mannor of C. as he hath purchased by the seruices mentioned in the saide bill And also that the saide complainant is compellable by the lawes and statutes of this realme to auow at his perill vpon such parcell of the said mannor of C. as is seuered froÌ„ the same in fee simple for such portion of the said rent as the value of the same parcell so seuered doth amount vnto and hath his ordinarie remedie for the same by the order of the common lawes and of the statutes of this realme in that case prouided if the allegations of his bill be true and the said rent can not by the order of the common lawe of this realme be aportioned in this honorable Court. For which matters and other causes aparant in the said bill the said defendant saith that the same bill and the matters conteyned in the same be insufficient in the lawe to be aunswered vnto And that he is not compellable nor ought by the lawe to be compelled to make any further aunswere to the same and demurreth in lawe vpon the same and prayeth to be dismissed out of this honorable Court without any further aunswere to be made thereunto And if this Court will not nor do admit this demurrer but the same notwithstanding will compell the said defendant to make further aunswere to the said bill as otherwise then by compulsatorie order of this Court the said defendant clayming the aduantage of the lawes of this realme whereby he ought to be tryed doth not nor will make any further or other aunswere to the same then the saide defendant after such order made by this Court to make further answere saith that the said I. W. named in the said bill of complaint was seazed in his demesne as of fee of and in one Mese and certeine lands and tenements conteyning by estimation 60. acres or thereabouts which mese and lands is called W. and are within the Countie of C. aforesaid and are of the yearely rent and value of 51. sÌ„ 4. d and the said I. W. so being thereof seised for certeine summes of money to him paid did bargaine and sell the said Mese lands and tenements called W. vnto the said defendant and his heires and thereupon did by sufficient and lawfull conueyance in the lawe conuey and assure the said Mese lands and tenements called W. vnto tâ—e said defendant and his heires to the proper vse of the said defendant and of his heires by force whereof the said defendant entred into the premisses and was thereof seised in his demesne as of fee and the same estate continued vntill about the fifth yeare of the raigne of the late King Eow the sixt that one R. B. by the commaundement of the said complainant did enter into the said Mese and into one pasture or croft coÌ„â—eyning by estimation 2. Acres of land lying on yâ— Southeast part of the said Mese and adioyning to the same and into one Orchard and one garden lying to the said mese being parcell of the saide lands and tenements called W. and in W. aforesaid and thereof did dissease the said defendant to the vse of the said complainant to which entrie and disseisin the said complainant did agree by force whereof the said complainant was and yet is seased
in yâ— law to be answered vnto the matters therein coÌ„teined beene very vntruly deuised imagined and set forth without any good matter or iust cause only to the intent to put this defendant to wrongfull vexation trouble and expences And for aunswere vnto the saide insufficient bill the said defendant saith that our late soueraigne Lord King Henry the eight late King of England father to our most soueraigne Ladie that now is was seised among other lands in his demesne as of fee as in the right of his said Crowne of and in the Mannor and Lordship of D. with the appurtenances and hamlets to the same appertaining set lying and being in the Countie of C. whereof the said messuage garden orchard and croft conteining by estimation the said two Acres of land lying in D. parcell of the premisses in the said bill of complaint mentioned be parcell And our said late soueraigne Lord King Henry the eight being so thereof lawfullie seised aswell for and in consideration of the faithfull seruice that the saide defendant had done to the said late King Henry the 8. as also for diuers summes of money paid by yâ— said defendant to the said late King Hen. the 8. the said late King Henry the 8. by his letters patents in this honorable Court readie to be shewed the date whereof the said defendant doth not perfectly remember did giue and graunt of his prescience and meere motion vnto the said defendant the said mannor and other the premisses in the saide Aunswere mentioned to haue and to hold vnto the said defendant and his heires for euer by force whereof this defendant vnto the premisses entred and thereof was seised acordingly and tooke the profits thereof acordingly and yet doth as well and lawfull it was and is for him to do And further the said defendant saith that such euidences deedes escripts and writings concerning the premisses mentioned in this aunswere as the said defendant hath concerning the same he the said defendant doth detaine and keepe them for the preseruation of the right title and interest that he hath to the same as well and lawfull is for him to do And furthermore the saide defendant saith that as to any other deedes euidences writings and miniments concerning the residue of the said lands and tenements specified in the saide bill of complaint or any parcell thereof in W. aforesaid which do concerne the Interest inheritance and title of the said complaynant the said defendant aunswereth and saith that he doth not withhold any nor yet at any time hath withholden from the saide complaynant any such as by the saide bill is vntruly deposed without that that the said Io. W. of C. named in the said bill was seised in his demâ—sne as of fee of or in yâ— said mese orchard garden or croft mentioned in the said bill or any parcell thereof set lying and being in D. aforesaid Or that the said I. W. or his aunceâ—â—ors whose heire he is did continue peaceable possession of the premisses by the space of 100. yeares and aboue as by the saide bill of complaint is vntrulie surmised or that the said Io. so being thereof seised for certeine summes of money did bargaine or sell or might lawfully bargaine and sell the premisses conteyned in the said Aunswere or any part thereof set lying and being in D. or the Lordship of the same to the said complaynant and his heires as by the said bill it is in like manner vntrulie alledged and supposed Or that the said Io. before the Iustice of Assise of the said Countie of C. did leuie a fine sur conusance de droit of the said mese and other the premisses mentioned in the said aunswere or of any parcell thereof vnto the said complainant as by the said bill is also vntrulie surmised or that by the said supposed fine the said Io. did knowledge or might lawfullie knowledge the said mese and other the premisses conteined in the said bill to be the right of the said complainant as those which the said complainant had of his gift as it is in like manner vntrulie supposed or that by force thereof the said complainant entred or might lawfullie enter into the said mese and other the premisses in this aunswere mentioned or that he was thereof lawfullie seised in his demesne as of fee as by the said bill it is also vntrulie surmised and without that that any other matter or thing alledged in the saide bill materiall to be aunswered vnto which heere in this aunswere is not confessed and auoided denied or trauersed is true All which matters this defendant is readie to auerre 7 prooue as this Court shall award and prayeth to be dismissed out of this Court with his costs and expences in this wrongfull vexation sustained R. Ge. The Replication of H. S. to the Aunswere of Sir T. H. Knight THe said complainant saith that the said bill of complaint is true Sect. 181. certeine and sufficient in the lawe to be aunswered vnto and not imagined and set forth by the said complainant of malice or wrongfullie to put the said defendant to costs labour or expences for the saide complainant auerreth his said bill of complaint and euery thing therein conteined to be good and true in manner and forme as in the said bill of complaint is alledged without that that the late King Henry the 8. named in the saide aunswere was seazed in his demesne as of fee as in the right of his Crowne of and in the saide mese garden orchard and croft conteining by estimation two acres of land lying in D. parcell of the lands and tenements mentioned in the saide bill of complaint as parcell of the mannor and Lordship of D. in the said Countie of C. or that the saide mese garden orchard and croft or any part or parcell thereof is or at any time was parcell of the same mannor or that the said late King by his letters patents gaue and graunted vnto the saide defendant and his heires for euer the saide mese garden orchard and croft or that the saide late King Henry the 8. did or might lawfullie giue the said mese garden orchard and croft vnto the said defendant or that the saide mese garden orchard and croft did or might lawfullie passe or come vnto the said defend by the said graunt if any such graunt had beene as there was not indeede or that the said defend by force of any such graunt or letters patents entred into the premisses last before mentioned and was thereof seazed acordinglie or did or might lawfullie take the issues and profits thereof by force of the same letters patents or that any other thing c. All which matters the saide defendant c. And prayeth that it may be ordred by this ho. Court that the said complainant may quietly enioy the lands and tenements mentioned in the said bill of complaint without let suit vexation or impediment of the saide defendant or of his heires or
such things as were not in rerum natura at the time of the submission though they happeÌ„ to be before the award made be arbitrable as if the submission be of Ewes with lambe which after the submission and before the award made haue lambes it seemeth they haue no power to make any award touching the lambes Matters concerning the common wealth seeme not arbitrable as all criminall offences as treasons feloâ—es c. touching the crime for it is for the benefite of the common wealth that such offendors be made knowen and punished Also causes matrimoniall seeme not arbitrable least men should seperate those whom God hath ioined together Circumstances regarded in submission First that it be in writing NOw that we haue set foorth the persons and things necessarie in Sect 34. euery compromise it is good to consider such other circumstances as be requisite in the same Three things therefore beside the persons and things are meete to be obserued in euery compromise First that euery compromise be made by writing with the parties couenants or bonds sufficient to bind their heires executors to performe the award which shal thereupon be made that both the arbitrators may know their power and the parties how farre they are subiect to their sentence And also least their labour and iudgement therein should bee frustrate for want of means to compel the same to be executed Of the power giuen to Arbitrators SEcondly it is behouefull that the very Compromise arme the arbitrators Sect 35. with sufficient authoritie to do all things necessary for the ending of the controuersies as to appoint times places for their meeting to examin decide the matter compromitted to bring the parties with their proues euidences witnesses thither together before them And to punish the persons defectiue to expound correct such doubtfull sentences questions as may arise vpon their award inconuenient to either parties contrarie to equity and the arbitrators good meaning which inconueniences could not by them be foreseene at the making of the award as it oftentimes hapneth for temporis filia veritas trueth is the daughter of time Of time and place THirdly that by the compromise conuenient time and place be limited Sect ' 36. for the yeelding vp of their award to the parties or their atturneies deputies or assignes least the parties should otherwise be long lingered with vaine hope of an endlesse end and that the arbitrators may before the set time finish their award for whatsoeuer they do arbitrate after the time appointed is void 8. H. 6. f. 18. And it is all void that is not conteined in the submission or necessarily depending thereupon 7. H. 6. fo 40. 8. H. 6. fo 18. 36. H. 6. fo 11. as shal more largely appeare wheÌ„ we come to the doctrine of arbitremeÌ„ts The instrument of compromise or submission may be made in forme following A Compromise or submission with couenants to performe the same THis Indenture made c. betweene A. B. on the one partie and C. Sect ' 37. D. on the other partie Witnesseth that the said A. B. and C. D. do by these presents willingly compromit and submit themselues and either of them to the awarde arbitrement order rule dome and iudgement of E. F. and G. H. arbitrators indifferently named elected chosen by the said parties to co arbitrate award order decree and iudge of and vpon all and all maner of actions suites quarels debts accompts trespasses controuersies debates and demaunds whatsoeuer had made moued depending or accrewed or which might haue bin had or moued betweene the said parties at any time or times before the date hereof except one action of debt c. depending betweene the said parties in the Queenes Maiesties Court of common Plees or before c. and except one debt of x. li. due to the said A. B. by the said C. D. for the price of certeine Corne c. and except all landes and tenements of the said A. B. and such like exceptions c. So alwaies that the same arbitrators doe make their award order and iudgement of and concerning the premisses to be made by writing indented vnder all their hands and Seales on this side and before the x. day of Iune now next ensuing and one part of the same deliuer or cause to be deliuered by the said Arbitrators to the said A. B. or his certeine atturney or atturnetes in that behalfe requiring the same the said x. day of Iune now next comming at or in the Parish Church of R. in the said Countie of Yorke And the other part of the said award to the said C. D. his atturney or atturneies deputie or assigne requiring the same at the said day and place and so alwaies that the said arbitrators do not by the said awarde order or appoint any act or acts thing or things to be done or performed by or to any person or persons other theÌ„ to or by the said parties to these presents their heires executors administrators or assignes or some of them not to or by any estranger or estrangers to this present submission And the said A. B. and C. D. and either of them for themselues their heires executors and administrators and the heires executors administrators of either of them do by these presents mutually couenant conclude promise and agree to and with the other his executors and administrators and euery of them that neither they nor either of them wil at any time hereafter reuoke the authority hereby giuen to the said Arbitrators nor discharge them nor either of them of the said facultie or power of Arbitration And that they either of them the heires executors administrators assignes of either of them on their seuerall parts shall will well truly obserue performe fulfil and keepe al and euery clause sentence article submission and agreement iâ— these presents mentioned on his or their part to be performed and kept according to the tenor true intent and meaning of the same In witnesse whereof the said parties to these presents haue interchangeably set to their handes and Seales the day and yere aboue written Of binding the parties to performe the award OR the parties may submit themselues to awarde by obligation Sect 38. with condition according to the effect of the said Instrument of submission but that seemeth perilous for that that so they may for a trifle hazard the whole penalty of the bond which were too too mischieuous Neueâ—thelesse if any be willing to aduenture the parties may be bound either to other and the condition may bee made in forme following The condition of an Obligation to performe an awarde Sect 39. THe condition of this Obligation is such that if the aboue bounden A. B. his heires executors administrators and assignes and euery of them doe on his and on their part and behalfe well and truely stand to obay performe fulfill and keepe the
by these presents in reliefe ease of the said F. M. that if the said F. M. his c. or any of them do well and truely pay or cause to be paied the said sum of 160. l according to the true meaning of this present award And if the said L. S. his heirs c. or some of them shall not well truely satisfie content pay vnto the said T. G. his c. the said seuerall sums aboue in this awarde appointed to be payed by the said F. M. before the seuerall daies herein aboue mentioned That then at all times after any such default of paiment so to be made by the said L. S. his c. the said T. G. his c. shall permit and suffer the said F. M. his executors and administrators euery of them at the costs charges of the said F. M. his exec and administ effectually to prosecute or cause to be prosecuted all and euery such execution and executions vpon the said iudgement so had for the said T. G. against the said L. S. as to them or any of them or the learned counsell of them or any of them shall seeme good And all and euery summe and sums of money thereby to be obtained to take and conuert to the only proper vse and behalfe of the said F. M. his exec administr without any accompt recompence or payment thereof or therefore to be yeelded or made to the said T. G. his c. or any of them any thing in this present award contained c. notwithstanding ✿ In witnes whereof the said Earle to both the partes of this present award hath set his hand and seale Dated c. All such couenants conditions as be vsually made for the assuraÌ„ce or enioying of lands or tenements goods and chattels may be inserted into awards as shall seeme good vnto the arbitrators or parties Of notice of the arbitrement AND when the arbitrators haue made their award according to Sect. 48. the submission albeit perchance they be not bound to giue notice thereof to the parties yet it seemeth very requisite that they should in due time before that eyther party be to performe any part thereof notifie the same vnto them least otherwise they might breake their boÌ„ds or couenants in that behalfe if any such be before they know the same Notwithstanding that the booke in 8. Edw. 4. 1. 9. be doubtfull in that point The finall cause and effects of Arbitrements ANd thus by that which hath bin discoursed it sufficiently appeareth Sect. 49. as we thinke that the scope and end of arbitrements and other iudgments is all one And chiefly the finall determination of strifâ— suit and controuersie 19. H. 6. 36. And so consequently their effects be almost equall But the lawes seeme more fauourable to arbitrements then other iudgments in so much as by arbitrators the strict course and tedious ceremonies of law suits which are most commonly wont to wearie suters and picke their purses are cut off and shorter decisions by them made with little or no cost at all Wee differ to shew how arbitrements may be pleaded in barre of other actions vntill we come to their fit place amongst our presidents of pleadings and so end this treatise An Award made by an Arbitrator touching copyhold land betweene an Alderman of London and an other TO all Christen people to whom this present writing of award indented Sect. 50. shall come H. T. of Lincolns Inne in the countie of Middlesex Esquier sendeth greeting in our Lord God euerlasting Whereas suite variance and debate heretofore hath beene and yet is had moued and depending as well in the Queenes Maiesties Court of Requests as in diuers other Courts betweene R. H. Citizen and Alderman of London of the one partie and R. E. of K. in the countie of M. Yeoman of the other partie of for and concerning the right title vse interest and possession of diuers lands tenements hereditameÌ„ts with the appurtenances lying and being in K. within the manor or Lordship of T. within the said Countie of M. and containing by estimation about 200. acres of land meadow pasture and wood commonly called or knowne by the name of Hebines land for the appeasing final end and determinaâ—ion of all which said suites variances and debates the parties aforesaid haue submitted compromitted themselues to stand to obay and performe the arbitrament ordinaunce dome and iudgemeÌ„t of me the said H. T. Arbitrator indifferently elected named and chosen by both the said parties indifferently to arbitrate order deeme awarde and Iudge as well of for and concerning the estate right title interest vse and possession of all and singuler the said premisses and euery parte and parcell thereof as also of for and vpon all maner of acâ—ions suites quarels debts debates trespasses and demaunds whatsoeuer heretofore had moued stirred or depending betweene the said parties from the beginning of the worlde vntill the twentie day of Nouember last past as by their seuerall writings obligatorie wherein eyther of the said parties stand bounden to the other of the same parties in the summe of two hundred pounds bearing date the said 20. daie of Nouember and made for the true performaunce of the said award more at large it doth and may appeare Wherupon the said H. T. hauing taken vpon him the charge and burden of the said Arbitramenâ— And hauing present before him both the said parties hauing also very aduisedly and deliberatly weighed and considered the titles claimes allegaâ—ions and proofes of either of the said parties to the said premisses And vpon sight and due consideration of all the euidences writings and proofes shewed and made before me the said H. T. by both the said parties do award arbitrate order deeme iudge of the premisses in maner and forme following That is to say First I the said Arbitrator do award deeme order Iudge that the said R. E. or his heires at al times within 3. yeares next ensuing the date of these presents vpon lawfull reasonable warning by the Steward Bailife or Reeue of the said manor of T. for the time being shall at the next Court so to be holden then next after such warning had surrender and giue vp into the hands of the said R. H. his heires or assignes in open Court according to the custome of the said Manor to the vse of the said R. H. and his heires for euer all singuler the aforesaid lands tenements and hereditaments hereafter in these presents mencioned expressed and declared That is to wit one mansion or dwelling house wherin the said R. E. now dwelleth with all edifices buildings c. And furthermore I the said H. T. do award ordaine deeme and Iudge by these presents that the said R. H. his heires or assignes at the said Court where and when the said surrender shal be so made shall assure and conuay vnto the said R. E. or to his
ad quoddam vastum vocat̄ Blackdowne super M. in com̄ S. in articulis praedict ' specificat̄ personaliter accedatis vastum que illud superuideatis ac tam per depositiones testium quam alijs vijs modis medijs quibus melius sciueritis aut poteritis diligenter inquirat̄ quantum inde ad manerium de H. quantum inde ad manerium de W. in Comit̄ praedict ' pertinere debeat superinde limites bundas metas diuisas inter vnum alterum quantum ad vnum quantum ad alium maneriorum praedictorum pertinere vobis constare poterit poni faciat̄ limites examinationesque testium predictorum recipiatis in scriptis redigatis omnesque alias depositiones testium ante hac examinat̄ minumenta scripta recorda transcripta territoria chartas ac alias euidentias quascunque per partes in articulis praedict ' specificat̄ coram vobis exhibend ' acceptetis inspiciatis Et super hoc materiam in articulis praedictis specificat̄ iuxta sanas discretiones vestras finaliter si poteritis determinet̄ Sin autem nos in Cancellar̄ nostra de omni eo quod inde feceritis in quindena Sancti Michaelis prox ' futur̄ vbicunque tuncfuerit sub sigillis vestris distincte aperte reddatis certiores remittentes nobis articulos praedictos vna cum praesentibus Teste c. A Commission directed to the Lord deputie of Ireland and the Lord Chauncelour with others for the hearing and determining of a Title of Lande ELizabeth by the grace of God c. To our trustie and right well beloued Sect ' 61. Sir H. S. Knight of the order c. Lord Deputie of our Realme of Ireland H. C. Archbishop of D. our L. Chauncelour there Sir I. P. knight chiefe Iustice of the Pleas there I. B. Esq chiefe Barou of our Eschequer there F. A. Esquire one of our priuie Counsell there I. D. Esquire second Iustice of our chiefe Bench there R. F. Esquire our Serieant at the Law there and L. D. Esquire our Solicitor there Know ye that for certeine considerations vs thereunto mouing and of our meere motion and for the great confidence and trust we haue in your fidelities circumspections prouidences and wisedomes we haue deputed ordeined aucthorized appointed constituted giuen graunted and by these presents do depute ordeine aucthorize constitute appoint giue and graunt vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be alwaies one full power iurisdiction and aucthoritie to hold plea heare determine discusse decree and finally to iudge of all and singuler actions debates strifes quarrels rights titles and demaunds whatsoeuer they be aswell reall as personall which by plaint supplication or bill to be exhibited or otherwise by any maner of meanes else shall or may appeare or come before you or any viii vii vi v. iiii or iii. of you of which we will that c. be alwaies one of for and concerning the interest right title demaund and possession of two parts or moities of all those landes c. with the appurtenances in the Countie of D. within the said Realme of Ireland to be by O. D. late of c. I. D. widow F. D. M. D. D. D. gentl ' and sonnes to R. D. late deceased and R. D. Nephew to the said F. M. and D. or by any of them seuerally or iointly or any two iii. iiii v. or vi of them against C. S. alias H. Lord of H. within our said Realme of Ireland and all and euery other person or persons which shall claime from by or in the right of the said Lord or in his or their owne right or rights or by any meanes else whatsoeuer it be which he or they claime to haue to the said moities of the two parts of the said lands c. with the appurtenances aforesaid geuing and graunting and by these our Letters patents we do giue and graunt vnto you or to any viii vii vi v. iiii or iii. of you of which number we will that c. be alwaies one full power iurisdiction and aucthoritie to call before you or any viii vii vi v. iiii or iii. of you of which we will that c. be alwaies one at such times and places according to your good discretions which vnto you or any viii vii vi v. iiii or iii. of you of which we will c. be alwaies one and to cause the said Lord H. or any which claimeth in his or their owne right or rights or by any waies or meanes els whatsoeuer any interest right title or possession in the two parts or moities of the said lands c. with their appurtenances aforesayd or any parcell thereof to answere reioine and ioine issue or otherwise pleade as the cause matter shall require and vpon any plaint supplication action or suit whatsoeuer which shall be exhibited or come before you by the aforesaid D. D. P. P. I. D. F. D. M. D. and R. or by any of thē iointly or seuerally or any ii iii. iiii v. or vi of them of and concerning the said two parts or moities of the sayd lands c. with their appurtenances aforesaid Giuing and graunting and by these presents we do giue and grant vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be alwaies one full power iurisdiction and aucthoritie according to your wisedomes discretions and prouidences to call before you all maner of witnesses and to examine all charters euidences muniments writings euery other thing els which may be a meane to proue fortifie disclose or make euident the interest right titles demand or possession of any of the aforenamed parties to the said two parts or moities of the said lands c. with their appurtenances aforesaid and vpon the same throughly and with mature deliberation and iudgement considered and waighed we do giue and grant vnto you or any viii vii vi v. iiii or iii. of you of which number we will that c. be alwaies one full power iurisdiction and aucthoritie to proceede to the full order decree definition sentence and finall iudgement according to your discretions of the interest right title demand and possession of the said two parts or moities of the said lands c. with their appurtenances aforesaid and to decree the possession of the premisses to him or them to whom of right it ought to appertain and his or their said possessions to maintaine And if any of the parties afore named or any other person or persons which shall haue to do in the same matter or cause do wilfully or obstinately withstand or disobey any processe order decree sentence or iudgement which shall he directed or giuen in the premisses by you or any viii vii vi v. iiii or iii. of you of which number we will that c. vt supra be alwaies one Then we
will and commaund you and by vertue of these our Letters patents giue full power warrant and aucthoritie vnto you or to any viii vii vi v. iiii or iii. of you of which number we will that you c. be alwaies one to commit him or them to prison there to remaine till his her or their conformities shall be therein had willing commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be alwaies one that at such times places as to your discretions or to the discretion of any viii vii vi v. iiii or iii. of you of which number c. be alwaies one shall seeme fit and conuenient diligently to attend applie and with speede put in execution the effect of this our Commission so as the complainants before named or any of them which shall haue to do therein may not haue iust cause to make further complaint for delay or want of Iustice willing and commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be one to admit no dilatorie exception to any supplication or supplications bill or bils of complaint exhibited or to be exhibited before you or any viii vii vi v. iiii or iii. of you of which number we will that c. he alwaies one or otherwise to the ouerthrowing of this our Commission But according to our meaning herein to proceed and to go to the full hearing ordering decreeing iudging and determining of the right title and demaund of the parties aforesaid of for and concerning the premisses and euery part and parcell thereof and accordingly to decree and iudge as to equitie and right shall appertaine any act statute law prouision or ordinance to the contrarie thereof notwithstanding And therefore fayle you not as you tender our fauor for if our sayd Subiects O. D. P. P. I. F. M. D. and R. D. should be put from such triall of their right to the premisses as by this our Commission we haue prouided for them Their disabilitie and want of riches wealth friendship and alyance considered and of the other part the said Lord of H. their aduersarie being throughly furnished of all those things and withall being a Lord by byrth and of great calling and aucthoritie and inhabiting within the said Countie where the said lands c. do lye our said subiect should be in perill and danger to be without remedie at our common Lawes there which were no small mischiefe to them The premisses considered we haue graunted this our Commission according to the tenor aforesaid And further we will and commaund you and by vertue hereof giue full power and aucthoritie vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be one that after the right interest title and demaund decreed adiudged and determined as is aforesaid that you haue consideration vnto the hinderance losses and damages which the Complaynants or any of them as is aforesaid haue had and susteyned by reason of the wrongfull deteyning of the possession of the premisses and the said damages by you as is aforesaid taxed and extracted thereof to cause a full execution and satisfaction to be had and made vnto the said complainants and euery of them as is aforesaid And for the better putting in execution of this our Commission we will and commaund the Shirife of that our said County of D. and all other our Officers for the time being to whom in this case it shall apperteine that they and euery of them be attendant vpon you or any viii vii vi v. iiii or iii. of you of which we will that c. be one for thexecuting fulfilling and doing of all and euery act acts thing or things as shall be by you or any viii vii vi v. iiii or iii. of you of which be alwaies one commaunded limited or appointed In witnesse whereof c. Hauing hitherto in some sort shewed the writs of Commissions and course of proceeding in Chancerie suits It seemeth needefull now to expresse what Bills of complaint Answeres Replications Reioinders and Surreioinders be with diuers formes thereof according to the causes of suit ¶ What a Bill of Complaint is A Bill of Complaint is a declaration in writing shewing the Sect. 62. plaintifes griefe and the wrong which he supposeth to be done vnto him by the defendant and what damages he 〈◊〉 by 〈◊〉 sion thereof praying processe against him for â—edresse of the same as may appeare by many examples hereafter following whereupon Hostiensis hath these verses Quis quid coram quo quo iure petatur a quo Recte compositus quisque libellus habet And first the matter of euery bill ought to be true Secondarily the same matter ought to be layd downe therein plainely and certeinly in euery circumstance of the thing person time place maner of doing other accidents And thirdly the same ought to be sufficient in Law both for the forme thereof and for the matter that it be such as is examinable in this Court which being otherwise may be dismissed thence THe direction of all Bills in the Chancerie must be at the toppe Sect ' 63. thereof And when there is neither Lord Chancelor nor Lord Keeper it is thus To the Queenes most excellent Maiestie in her highnesse Court of Chancerie In most humble maner complayning sheweth vnto your most excellent Maiestie your most humble and obedient subiect H. C. c. And when there is a Lord Keeper as at this time thus To the Right honorable Sir Iohn Puckering Knight Lord Keeper of the great Seale of England And when there is a Lord Chancelor then thus To the Right honorable Sir C. H. knight Lord Chancelor of England Their other titles of honor may be also added in the said direction but they are not much necessarie What an Aunswere is AN aunswere is that which the defendant pleadeth or sayth in Sect ' 64. barre to auoid the plaintifes bill or action either by confession and auoiding or by denying and trauersing the material parts thereof And the title of such aunswere is thus The Aunswere of A. B. defendant to the Bill of complaint of C. D. complainant But if there be many defendants then thus The ioint and seuerall aunsweres of A. B. and C. D. defendants to the bill of complaint of E. F. complainant An aunswere is called in Latin Exceptio quae dicta est quasi quaedam exclusio quae interponi actioni cuiuscunque rei solet ad excludendum id quod in intentionem condemnationem iure deductum est Vlpianus What a Replication is A Replication is the plaintifes speech or answere to the defendants Sect. 65. answere which must affirme and pursue his bill and confesse and auoide denie or trauerse the defendants aunswere And note that the plaintife ought to replie the next Terme after that the defendant hath aunswered else may
69. exhibited into this honorable Court is very incertaine vntrue and insufficient in the Law to be answered vnto by the said defendant for diuers and sundry apparant faults imperfections therein contained And deuised and exhibited into this honourable Court partly of malice and euill will without any iust cause conceiued against the said defendant to the intent thereby vniustly to vexe molest him with tedious trauell being an aged man and to put him vnto great expences being very poore But chiefely to thintent and purpose to wearie impouerish and terrifie him this defendant Neuerthelesse if by the order of this honorable Court this defendant shal be compelled to make any further or other aunswere vnto the said vntrue incertaine insufficient bil of complaint then and not otherwise the aduantage of exception thereof to this defendant at all and euerie time and times hereafter saued for further answere thereunto and for a full and plaine declaration of the trueth touching so much of the materiall contents of the said bill as in any sort concerneth this defendant He for himselfe saith that whereas the said complainant in his said bill alleageth that one H. E. his father deceased was in his life time by good and lawfull conueyance and assurance in the Law lawfully seised to him and his heires in fee simple according to the custome of the said manor of W. in the saide bill mentioned of one copyhold or customarie mesuage or tenement and of certaine customarie lands meadowes and pasture to the quantitie of an hundred acres or thereabouts and that he being thereof so seised and visited with sicknes during the minoritie of the said Complainant by good and lawfull conueiance and assurancein the Lawe and according to the Custome of the said manor of W. did conuey assure and surrender the same Copyhold or Customarie mesuage or tenement and other the premisses with the appurtenances thereunto belonging for his better maintenance to the vse of the said cōplainant To haue and to hold to the said complainant and to his heires and assignes at the will of the said Lord according to the custome of the said manor And that by force thereof the said complainant in the Court of the saide manor paid his fine and was of the said copyhold or customarie tenements with thappurtenances by the then steward of the said manor of W. admitted tenant He this defendant saith that to his knowledge the said H. E. late father of the said complainant was neuer either lawfully seised to him and to his heires according to the custome of the said manor of W. of the said tenements and premisses in the said bill mentioned by any good and lawfull conueyance and assurance in the law according to the custome of the said manor Nor did euer conuey assure and surrender the said customarie tenements and other the premisses to the vse of the said complainant his heires and assignes Neither did the said complainant euer pay his fine for the same in the saide court neither was he euer lawfully admitted tenant thereof as he the said complainant in his said bill vntruely pretendeth And whereas the said complainant in his said bill also pretendeth that the euidences and copies of and concerning the said mesuage lands tenements and premisses being left in the hands custody possession of the said complainants father whilest he liued in right belonging vnto this complainant are now by casuall meanes comen to the hands and possession of this defendant and that he by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made conueyed to himselfe and to others to his vse diuers and sundry secret estates therein and doth pretend thereof wholly to disinherite the said complainant This defendant saith that none euidences or copies of or concerning the said mesuage tenements and premisses are by casuall meanes or otherwise come to the hands or possession of this defendant and that by colour of hauing thereof he this defendant neither wrongfully entred into the said mesuage tenements and premisses nor any part thereof neither hath he this defendant conueyed to himselfe or to any other person to his vse diuers and sundrie or anie secrete estates thereof neither doth he pretend thereof wholly to distinherite the said complaint as in the said bill it is vntruely alleaged without that that the said complainant by diuers and sundrie meanes in friendly manner hath oftentimes sought to haue the saideuidences and copies and requested the same at the handes of this defendant And also that he would yeeld vnto your said Orator the quiet possession of the said mesuage tenements and premisses or that he this defendant doth well know the same in right to belong vnto him the said complainant as in the said bill it is vntruely alleaged And without that y◠he this defendant of malice against the said complainant doth threaten him the said coōplainant in such sort that he for want of the said euidences dareth not make his iust lawfull entrie or claime to in the same premisses or that he the said defendant hath or could commit or doth or can continue daily committing great outragious wastes and spoiles in decaying of the houses and felling downe of the woods and timber trees of the premisses to the great losse and disherison of the said complainant and contrarie to all right equitie and good conscience as in and by his said bill of complaint he hath most vainely and vntruely alleaged For touching the said supposed threats this defendant saith that he is a verie feeble poore olde quiet man verie desirous of the fauour and good will of all men and therfore neither willing nor able by his threats to terrifie or feare the said complainant being a gentleman of worship power and liuing hauing many kinsfolkes alies friendes and seruants so that he this defendāt hath rather iust cause to be affraid of the said complainant then the said complainant to feare him And further touching the said wastes and spoyles this defendant saith that the said customarie or Copihold in W. aforesaid are holden of the manor of W. aforesaid And without that that the said complainant hath or euer had anie lawfull title to commence anie action or suite or to make anie entrie against or vpon this defendant for anie landes tenements or hereditaments in the said bill of complaint mentioned as it is therein vntruely alleaged And without that that this defendant can vpon his corporall Oath manifest such matter whereby the saide complainant may the more better easily and readily proceed and attain to the recouering of anie iust or lawfull right or inheritance or in anie other maner then in this answere is set downe as the said complainant vnwisely gesseth and most bainely hopeth as he in his said bill alleageth And without that that any other matter thing or things clause sentence article or allegation in the said bill of complaint conteined
and truely contented and paid and by Indenture of lease the certeine date whereof your said orator knoweth not for that he hath not the said Indenture did demise grant set and to farme let the same vnto the said N. and his assignes for and during the full ende and terme of two yeeres then next following By force whereof your said orator was thereof lawfully possessed vntill about the xvii yere of the raigne of the Queenes Maiestie that now is R. B. W. G. N. T. R. W. W. F. W. E. K. his wife by casuall meanes hauing obteyned and gotten into their hands or into the hands of some of them the said Indentures confederating themselues together of purpose to wrong your said orator to expell put him from his lawfull quiet possession of the premisses or the greatest part thereof entred into one parcell of the premisses called B. fields being then sowed with Dates by your said Orator and at the same time put in one Cow and Heyfer very maliciously to depasture and eate the graine corne of your said Orator therein then growing which said Cow Heyfer was and remained there depasturing eating and treading downe the said graine and corâ—e vntill your said Orator came and distraiued the said Cowe and Heyfer for dammage there doing and impounded the said Cow and Heyfer in a pound â—uert at H. aforesaid as lawfull was for him to do shortly after which impounding of the said Cow and heifer that is to say vpon the twelfe day of Sept. the said R. W. W. F. W. E. and K. his wife repaired vnto the dwelling house of your said Orator at H. aforesaid and then and there required your said Orator to deliuer the said Cow and Heyfer forth of the said pound affirming that they were sent thither to that intent and purpose by the said R. B. W. G. and N. T. which to do your said Orator refused as lawfull was for him to doe because the said W. F. E. and K. his wife nor any of them did then and there tender vnto your said Orator any amends or satisfaction for or towards the said trespasse But so it is if it may please your good Lordship that about a leuen or twelue of the clocke in the night of the said twelfe day of Sept. the said Cow and Heyfer was conueyed foorth of the said Pound the dore or gate of the said pound being fast locked by the said R. B. W. G. N. T. R. W. W. F. W. E. and K. his wife or some of them as your said Orator verily thinketh and is perswaded in conscience sithence which time the said B. G. and T. haue most falsely and vnconscionably charged and still charge your said Orator for the esâ—oyning and conueying away of the said Cow and Heyfer and haue thereupon not onely commenced suit against your said Orator at the common Lawe but also by colour of hauing the said Iudenture haue made and contriued vnto themselues or some of them or to some other persons to their or some of their vses sundry secret estates of the premisses and do yet most wrongfully deteine and withholde the possession of a great part of the premisses from your said Orator to his great hurt and impouerishment And for as much as your said Orator hath not any ordinarie remedie by the due course of the common lawes of this realme for the recouery of the said Indenture for that he knoweth not the certaine date or contents thereof nor wherein the same is conteined And so there by not only very like to lâ—se his lawfull and rightfull possession of in and to the premisses but also standeth in great daunger to lose great dammages for the supposed essoyning of the saide Come and Heyfer vnlesse it please God as your sayd Orator hopeth it will to moue the hearts of the said â— G. E. W. F. â— and K. his wife vpon their answeres and othes in this honorable court to discouer and disclose the trueth of their euill dealing and disorder in breaking of the said pound and taking foorth if the said Cowe and Heyfer conueying them â—o vnknowen places of purpose to charge your sayd Orator therewith And forasmuch as they haue denied and refused and yet do refuse and denie either to permit or suffer your said Orator quietly to haue and take the issues and proâ—â—tes of the said premisses or to deliuer vnto him the said Indenture of lease although he hath oftentimes most gently and friendly required and desired them so to do It may therefore please your good Lordship c. As before is said in Sectio 61. The Answere of the same Bill THE said defendants say and either of them for himselfe seuerally Sect. 73. sayeth that the said bill of complaint is very vncertaine vntrue and insufficient in the Lawe to be aunswered vnto by these defendants or any of them for diuers apparant faults and imperfections therein contained and the same very friuelous as these defendants thinke for sundry causes and namely for that that it is thereby supposed that they and others by reason of hauing the custody of the said supposed indenture or lease pretended to be made by the said T. E. in the said bill named to the said complainant of the said Demesne lands of the Highlow aforesaid for two yeares now ended if any such were haue made or contriued vnto themselues or to some other persons and to their vses sundry secret estates of the premisses where if any such estates had bin made they be already determined And the said def further say that as they verily thinke by the scope of the said bill containing in it selfe much like matter set out with many words and in effect no matter worthy to be examined in this honourable Court the same bill is deuised and exhibited into this honourable Court of meere malice and euil will to the intent to molest and trouble these defendants and others in the same bill named being quiet poore men dwelling almost seauenscore miles from the citie of W. with long and tedious iournies to make their personall apparance in this honorable Court to answere the said friuolous and vntrue bill without any good or iust cause so to do Thaduantage of exception to the manifest incerteintie and insufficiencie of which vntrue bill of complaint to these defendants and eyther of them saued for answere thereunto they and either of them for himselfe seuerally sayeth that they thinke it to be true that the said T. E. of H. in the said bill named was lawfully seised in his demesâ—e as of â—ee or fee taile of and in diuers lands â—enements and hereditâ—ments with thappurtenances set lying and being in H. aforesaid and that he being thereof so seised about two yeares now last past did demise graunt set and to farme let the same vnto the complainant for two yeares as it is in the said bil alleaged without that that these defendants of purpose to expell the said
and place appointed where this defendant was present with his commissioners and witnesses and one of the said complainants commissioners was in the towne where the place was appointed the same day and time readie to haue executed the said commission if the said complainant would haue spoken to him therefore as this defendant was credibly informed and the said complainant was there present at the same time and place and did or might haue spoken with him that was named commissioner for him who had a dwelling house in the same towne being the towne of M. in the same Countie and then and there the deponents vpon this defendantes behalfe were sworne and examined by and before these defendants then commissioners and some of them sworne in the presence of the said complainant And thereupon the depositions and examinations of the witnesses so sworne were by these defendants then commissioners caused to be ingrossed in parchment and certified into this honorable court and afterwards published and after publication this defendant staied without doing any thing therein by the space of two termes or thereabouts during which time the said complainant did or said nothing at all in the said court touching the said suit that this defendant euer heard of And then this def caused the said depositions to be exemplefied vnder the great seale of Eng. to his great charges which he hath readie to shew to this H. Court And the said complainant being not contented with these causels vexations of this defendant Anone after that this complainant had obtained the said commission the said coÌ„plainant for this defendants further vexation commenced suit against this defendant in the ecclesiasticall court of the Archb. of Yorke within whose dioces the same lands and tenements in N. in the bill mentioned be where the said father of this complainant and defendant died vpon surmised matters touching the supposed will mentioned in the said bill whereupon this defendant to his great charges appeared answered as behoued for the time by himselfe his procter as is there vsual whith suit the said complainant relinquished also as this defendant thinketh for he hath heard nothing therof these xii moneths and more And now the said complainant meaning nothing else but this defendants trouble molestation hath renued the said suit in this H. Court againe which before he had in the same court by the said first bill conteining the same matters in effect almost word for word as in the same bill is mentioned whereunto this defendant hath alreadie answered as appeareth by the same answere remaining of record here in this court and the same proceeded vpon both as afore is said wherefore this defendant for the causes aforesaid and for the said double vexation in this honorable court by two bils conteining in effect but one matter in substance demurreth in law and praieth that he this defendant may be dismissed out of this honorable court with his reasonable costes and charges in this suit wrongfully sustained A Bill for not surrendring a lease made by the Plaintife to the defendant in trust to trie a title and for occupying and wasting the tenth demâ—sed and for deteining of writings of copyhold lands contrarie to their agreement HVmbly complaining sheweth vnto your H. Lordship your daily Sect ' 77. Orator I. K. of W. in the Countie of Y. yeoman that whereas about 40. yeeres now last past one W. M. yeoman was lawfully seased in his demesne as of fee of in one mesuage with thappurtenances in E. in the County of M. and of in diuers lands tenements meadowes pastures hereditaments therunto belonging being freehold land in E aforesaid H. in the said conâ—ty of N. and he being there of such estate so seazed about the first yeere of the raigne of the Q. Maiesty that now is by his last will and testament in writing made written in the life time of the said W. M. did giue bequeath the same to one E. then his wife now wife vnto your said Orator for the time of her natural life the remainder thereof after her decease to one R. M. as by the said will appeareth and afterward the said W. M. died of such his estate thereof so as is foresaid seised by force of which wil and deuice the said E. by and after his death entred into the said mesuage or tenements was thereof lawfully seased in her demesne as of freehold for the terme of her life the remainder thereof after her decease to the said R. M. in forme aforesaid belonging also whereas the said W. M. was in his liâ—â— also seased of or in certain copihold or customary lands lying being within the manor of S. in the said county of N. and holden of the said manor by copy of the court rolles of the same manor in his demesne as of fee according to the custome of the saidmanor and he being thereof so seazed died therof so seazed by after whose death the said E. his wife was endoments of the third part of the said copihold or customary lands and tenements and according to the custome of the said manor admitted therof tenant by the Steward of the Court of the said manor accordingly by force wherof she likewise entred into the third part of the said customary tenements and premisses and was therof likewise seazed in her demesne as of freehold as tenant in dower therof for the terme of her life naturall according to the said oustome and quietly and peacably occupied and enioyed the same vntil about ten yeares now last past Now that your said Orator through importunancy and earnest perswasions of some friends of the said I. T. and A. L. was contented in some maner to yeeld vnto their suit and therupon for the furtherance and triall of the title and interest of the said I. T. about the fourteenth day of I. in the 26. yeare of the Queens Maiesties raign that now is without any fine income or other coÌ„sideration to him paid but giuing credit vnto the speaches of the said I. T. and A. L. that they would seeke nothing at the hands of him your said Orator but onely vse the benefit of his present estate for the resisting of certaine vnlawfull suits attempts which were then offered as they then affirmed by the said R. and others did by this your said Orators Indenture of lease bearing date about the said time demise graunt and to farme let to the said I. T. and A. L. all the said freehold lands tenements and hereditaments with the appurtenances in E. and H. aforesaid to haue and to hold the said tenements and premisses with the appurtenances to the said I. T. and A. L. their executors and assignes from the feast of S. M. the Bishop in winter last past before the date of the said Indenture vnto the full end and terme of 21. yeeres thence next following and fully to be complete and ended if the
of complaint if any such be he this defendant saith That true it is indeed that about three yeares now last past This said defendant or some of his seruants to his vse did receiue of this complainant xii yards of linnen cloth halfe an ell of cloth one quarter and a halfe of cloth and two scaines of threed which he thinketh to be parcell of the said wares in the said bill mentioned and supposed to be bought by this defendant of the said complainant which said wares were so receiued by this defendant or to his vse as is aforesaid to thintent that this defendant should pay to the said complainant so much money for the same as should be reasonably agreed vpon by this defendant and the saide complainant which said bargaine and agreement this defendant is and euer hitherto hath beene readie to haue performed without that that the said defendant about two yeares now last past did buy of the said complainant the said twelue yardes of linnen cloth at and for the said price of xxii s̄ or the said halfe elle of other cloth for the said price of ii s̄ viii d or the said quarter and a halfe of other cloth and two scaines of threed for the said price of xviii d for he this defendant saith that he and this complainant did neuer to his remembrance agree to anie certaine price for the said wares as in the said bill of complaint is vntruly alleaged And without that that he this defendant did euer buy of this complainant the said ten yards of beluet or any part therof or any other wares or marchandices amounting in the whole to twentie markes or for the paiment thereof euer required the said complainant to for be are him the said defendant for the space of one moneth then next following as in the saide bill is wrongfully alleaged And without that that he this defendant did faithfully assent and promise to pay the said debt vnto the said complainant at the said monethes ende Or that the said complainant trusting the bare promise of this defendant deliuered vnto him this defendant the said cloth wares veluet and marchandise as in the said bill is vntruly alleaged And without that that he this defendant perceiuing that this complainant can by no order of the common lawes of this Realme recouer any part of the said money for want of specialtie or witnesse to prone the said supposed assumption and contract hath plainely affirmed that he the said complainant shall not haue one penny thereof in such manner and forme as in the saie bill of complaint is most vntruely and slaunderously alleaged without that that any other matter c. thing things clause sentence article or allegation in the said bill of complaint contayned materiall or effectuall in the law to be answered vnto by this defendant and not c. A Bill to be discharged of sundrie bondes made by the Plaintife to diuers by the Defendants meanes vpon promise that they should not preiudice them laying open diuers cunning and lewde practises to circumuent the Plaintife HVmbly complaining sheweth vnto your honorable L. your daily Sect. 92. Orator I. M. of M. in the Countie of Y. yeoman that whereas about sixteene yeares now last past certaine debts controuersies suits and variances did arise betweene one T. L. of E. in the Countie of Y. yeoman and your said Orator and certaine other freeholders of the Lordship of Ecclesall aforesaid concerning the inclosing vse possession and occupation of certaine parcels of wast or common ground called R. in E. aforesaid wherein your saide Orator and other freeholders and all those whose estate they then had and yet haue in certaine lands in the said Lo. by all the time whereof there is no memory of man to the contrary haue vsed to haue common of pasture for their beasts and cattel vpon the said lands leuant and couchantat all times of the yeare at their wils and pleasures as vnto their tenements belonging which parcels of waste ground one N. S. Esquier before that time had demised vnto the said T. L. for certaine yeares then induring for pacifying and ending of which said suites and controuersies and of such suits and controuersies as were then betweene the said L. and S. touching the same and other things your said Orator and T. D. and other of the freeholders aforesaid and the said L. by the meanes and intreatie of the said N. S. about the said time did submit themselues to the order arbitrement and award of I. F. R. M. C. W. and E. H. touching the said controuersies to the end that the said L. would be contented that the said suites betweene him the said S. might rather by that means receiue a quiet ende then by ertremitie of law there being then great suits betweene the said N. S. and L. which the said L. would not otherwise compromit your said orator the said D. was bound vnto the said L. in one obligation of C. l vnto the said N. S. in one other obligation of C. l for performance of the said award the said N. S. then promising to your said Orator that within short time after the making of the said bond vnto him he would haue cancelled or made voide the saide bond of C. pound made by them vnto the said N. S. the meaning of which bonde your saide Orator being a simple vnlearned man thought to haue reached no further but to actes to haue bin done by himselfe against the said awarde which he the rather so thought because the said N. S. tolde him so or to the effect and they were onely so agreed to haue the condition thereof made before the making thereof And the said L. was also bound in an C. l vnto your said Orator and the said D for the performance of this part of the said awarde And afterwardes viz. about the xi yeare of the raigne of the Queenes Maiestie that now is the said arbitrators made an awarde of the premisses that the said L. should haue inclosed the said grounds during such terme as he then had therein by the demise of the said N. S. by Indenture without veration of your said Orator the said T. D. and other freeholders of the said Lo. of E. by meanes of which awarde the said L. enioyed the premisses euer since the making thereof accordingly without any vexation of the said D. or your said Orator or any other the freeholders of E. aforesaid vntill such time as the said L. caused the said premisses to be purchased or taken by lease as lands concealed and vniustly withholden from her Maiestie and thereupon caused suites to be commenced against diuers of the said freeholders by information in the Ex. of intrusion supposed to be done by them into the said premisses which suite so long continued that a verdict and iudgement therein were had for the said freeholders whereby their title to the said common being then in issue was specially found as
' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâ—ers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌ„plaint is very truly alleaged And also with that that the said complainaÌ„ts wife did with violeÌ„ce break open some part of the said coÌ„plainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌ„plainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌ„plaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌ„plainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of
the said time did amount vnto 10. l or there abouts besides the costs expences laid out by him in the same which costs expences laid out by your Lordships said orator did amouÌ„t vnto 8. l 19. sÌ„ 9. d which were behind vnpaid vnto your said orator by means wherof action accrued vnto your said Orator to demaund and haue of the said I. M. in his life time the said summe of 18. l 19. sÌ„ 9. d and of the said A. M. vnto whom the administration of all the goods chattels which the foresaid I. M. had at the the time of his death were after his death lawfully committed yet therfore the said I. M. in his life time the said summe of 18. l 19. sÌ„ 9. d nor any peny therof though often times in his life time therunto by your said Orator required or the said A. M. his administrator after his death notwithstanding that the goods chattels which were the said I. M. be sufficient for the paiment of the said 18. l 19. sÌ„ 9. d vnto your said Orator and of all other debtes which the saide I. M. ought to haue paid did come to the possession of the said A. M. and still remaine in the possession of her the said A. M. or of such person and persons vnto whom she hath yeelded left or deliuered the same notwithstanding that she hath sundry times since the death of the said I. M. bin gently required by your said Orator to pay to him the same 18. l 19. sÌ„ 9. d or any part thereof hath not yet paid and contented but the same to content and pay hath euer hitherto denied and refused and the said A. doth yet denie and refuse to pay the same thereof intending vtterly to defraud and deceiue your said Orator against all right equity and good conscience notwithstanding also that she the said A. M. hath her selfe at sundrie times heard the said I. M. in his life time promise that he would pay vnto your said Orator all such summes of money as were behinde vnto your said Orator and notwithstanding also that she well knoweth that the foresaid summe of 18. l 19. sÌ„ 9. d due vnto your said Orator by the aforesaid I. M. in his life by reason that she hath seene and hath a perticular bill thereof which was sent and deliuered to him in his life time by your said Orator and notwithstanding also that she her selfe since the death of the said I. M. did assume faithfully promise to pay vnto your foresaid orator all such mony as was due vnto him at the said time of his death if she the said A. M. did take vppon her the administration of his goods and chattels which she hath done as is said All which things she the said A. hath done partly by her owne iniurious minde but chiefly by the wicked and sinfull perswasion of R. M. gentleman her sonne by whose counsaile and perswasion she hath closely and secretly conueyed away a great part of the saide goods being of verie great value to diuers places and persons to your said Orator vtterly vnknowen and left the same out of the Inuentorie of the said I. M. his said goods which she hath exhibited and also hath caused such goods and chattels as be mentioned in the said Inuentorie to be praised much vnder the value thereof and a great part thereof to be set downe therein so confusedly and inconueniently that it cannot well be knowen either what they be or of what value And furthermore she the said A. by the like sinister counsaile and perswasion hath consented and caused one H. B. and T. C. and diuers other persons being her especiall friends couenously to commence diuers and sundrie fraudulent actions of debts and executions against her as administratrix of and to the same I. M. suffering her selfe therein to be conuicted and condemned though in verie trueth either nothing or verie little was due vnto them and in a manner nothing at all taken of her by them by vertue of the said actions and executions to the intent thereby to dasâ—e the eies of your Orator and of other the creditors of the said I. M. not knowing the trueth of the same vngodly deuises intending by such meanes to defraud and defeat your said Orator and the rest of his said creditors of the most part of their seuerall debts which their vnlawfull practises are like to be to the great losse and hinderance of your said Orator if speedie remedie be not by your good Lordships meanes prouided to meete with and preuent the saide vnconcionable and vniust dealing in the premisses for that the promises and assumptions of the said I. M. and A. M. were made secretly and priuately vnto your said orator nor persons being present with theÌ„ at the making of the said seuerall promises nor anie man liuing which can testifie the same so that your said Orator for want of such proofe thereof as is requisite by the strict course of the common lawes of this Realme is altogether remediles if it be not by thorder of this honorable court wherein your L. said Orator hopeth verily thinketh that she the said A. M. in her aunswere to the premisses vpon her corporall oath will confesse the same to be in effect as it is herin set forth disclosed May it therfore please c. A Bill for diuers Euidences HVmbly complaining sheweth vnto your Lordship G. Earle of S Sect. 108. That whereas the said Earle is lawfully seised in his demesne as of fee of and in the manor of S. in the County of Y. and in the hundred of S. with thappurtenances in the County of D. and of and in the castle and manor of S. with thappurtenances in the Connty of Y. and of the castle manor of B. in the County of D. and of and in the castle manor and hundred of B. in the County of D. with thappurtenances and of and in diuers mesuages lands tenements hereditaments franchises and liberties to the said seuerall manors hundreds belonging Now so it is if it may please your good Lordship that diuers and sundry court-roles charters euidences exemplifications of records extracts terrers pleadings writings and muniments concerning the said seuerall manors hundreds and premisses with thappurtenances of right belonging vnto the said Earle and whereby the said Earle should make his title vnto the said manors hundreds liberties and premisses with thappurtenances or to the most part thereof are by casual meanes come vnto the hands custodie and possession of one N. C. of S. in the County of D. And albeit that the said Earle hath sundry times sent vnto the said N. C. gently requiring him to deliuer vnto the said Earle the said court rolles charters euidences exemplifications of recordes extractes pleadings writings and muniments yet that to do the said N. hath euer hitherto vtterly denied yet doth deny to do the same against all right equity and good
the bargaine and couenants therein contained they the said T. and G. being as is aforesaid vnder the age of one and twenty yeares at the time of the making thereof It may please your honorable Lordship the premisses considered to grant vnto him this complainant the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. E. T. E. and G. E. and euery of them thereby commaunding them and euery of them at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted to be and personally to appeare before your honorable Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and further to stand to and abide such order and direction therin as to your good L. vpon the hearing of the said cause shal seeme to be agreeable with right equity and good conscience c. A Bill against the heire for entring into lands deuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam HVmbly complaining sheweth vnto your good Lordshippe your Sect. 110. poore and distressed orator G. W. of N. in the County of N. yeoman That whereas W. W. deceased father vnto your said Orator was in his life time lawfully seised in his demesne as of fee of and in the manor and Capitall messuage of N. in the County of N. and of and in one farme set lying and being within the parish of W. in the said County of N. of diuers other lands tenements hereditaments in N. aforesaid And also whereas the said W. W. deceased was likewise in his life time lawfully seised in his demesne as of fee of in certaine ground and one tenement with the appurtenances set lying and being within the parish of C. in the Countie of D. and also of and in the rectorie and personage of C. alias C. within the said County of D. and of diuers other landes and tenements set lying and being in the countie of N. and D. and he so being of the said landes and tenements seised did by his last Will and Testament in writing deuise and bequeath vnto your said humble Orator and to the heires males of his bodie lawfully begotten certaine parcels of land of and in the saide Manor of N. that is to say one mansion house wherein your said poore Orator now inhabiteth and dwelleth one close commonly called B. containing by estimation two acres or thereaboutes one other close commonly called C. containing by estimatiō two acres or therabouts one other close commonly called the vpper S. all which seuerall parcels of land are scituate lying and being in N. as is aforesaid in the foresaid Countie of N. one messuage or tenement commonly called by the name of an oxgang scituate and being in W. in the said County of N. and also one tenement called the N. scituate lying and being in the Countie of D. and also one lease of the rectorie and personage of C. in the County of D. by vertue force of which said deuise and bequeath your said humble Orator entered into the said premisses and the saide issues and profits of the same hath perceiued receiued and taken to his owne profit vse and behoofe as lawfull was for himselfe to doe as he verely beleeueth But now so it is if it may please your honorable good Lordship hhat one R. W. brother to your said humble Orator as sonne and heire apparant to the said W. W. his father deceased hath taken away concealed and cancelled as it is thought the said last Will and Testament of your said Orators father and hath taken vpon him the administration of all the goods and chattels of your said Orators father reiecting and disanulling the said last Will and Testament made by your said Orators father as aforesaid to thintent only therby of set purpose malice and vnbrotherlike dealing to defraud expell depriue and disinherit your said Orator of his right title and interest of and in the said lands deuised to him as aforesaid and also doth threaten your foresaid Orator that he may at his pleasure relinquish and disanul the beforesaid last Will and Testament made by your foresaid Orators father as is aforesaid and did take the administration of all your said Orators fathers goods and chattels and entred into all his said landes as is aforesaid contrarie vnto all right equity and good conscience and not christianlike but vnbrotherlike dealing and contrarie to the true intent and good meaning of your foresaid Orators Fathers Will made as is aforesaid vnlesse your good Lordship doe according vnto your accustomed goodnesse extend your clemency and pitty in that behalfe to your poore Orator In consideration whereof the premisses considered and for as much as the title of your said Orator by reason of the vndirect practise vsed as aforesaid in concealing cancelling and relinquishing the said last Will as aforesaid doth greatly depend vpon the witnesse and testimony of certaine persons dwelling within the County of N to prooue the true meaning of your said orators fathers Wil which are of great yeares and also very impotent not like long to liue nor yet able to trauell to this honorable Court to be examined for the testifying of the trueth touching the premisses as by common order appertaineth And also for that in time the said witnesses may die and by meanes thereof your said Orator may be in danger to sustaine disinherison of the premisses May it therefore please your good Lordship to grant the Queens c. A Bill for refusing to receiue the Plaintifes rent according to an order and taking of forfeiture of a bonde made for payment of the rent HVmbly complaining sheweth to your good Lo. your daily Orator Sect ' 111. I. T. of G. in the County of N. yeoman that whereas one I. K. of W. in the County of Yorke Miller pretended as in the right of his wife to be owner of a certaine messuage in E. in the County of N. aforesaid and of certaine land meadow and pasture thereuuto belonging and lying within the fields of E. aforesaid and the said I. R. so pretēding himselfe in the right of his said wife to be seised as is aforesaid about the 19. or 20. yeare of the Queenes Maiesties most gratious Kaigne that now is did demise the said messuage and land in E. aforesaid vnto your said Orator and one A. L. Gentleman to haue and to hold to them for the terme of 21. yeares from the time of the making thereof rendering therefore yeerely the rent of xx s̄ payable at Whitsontide and Martimnas by euen portions for the payment of which said rent of xx s̄ he the said K. knowing himselfe the title thereof to be questionable and likely to grow to some charges in law to your said Orator to defend did therefore cunningly get your saide Orator to become bound in an obligation of xx l for the yearely paiment of the said
at a certaine day and vnder a certaine paine therein to be limited to appeare before your Lordship in her Maiesties high court of Chancery then and there to answere to the premisses and to abide such order and direction therein as to your Lordship shal seeme to stand with right equitie and good conscience and your said Orator shall daily pray to Almightie God for your honour in good health long to continue c. A Bill by the husband and wife as Gardeins to her childe for euidences IN most humble wise complaining sheweth vnto your good Lordship Sect. 118. your poore and daily Orator I. W. of B. in the Countie of D. yeoman and I. his wife late the wife of I. S. the elder of B. aforesaid yeoman now deceased That where the said I. S. in his life time was lawfully seised in his demesne as of fee of and in one messuage or tenement commonly called H. of and in certaine lands meadow and pasture and other hereditaments with thappurtenances to the said tenement belonging and with the same vsually occupied scituate lying and being in B. aforesaid And he the said I. S. being of the premisses so seised did in his life time conuey and assure the same vnto certaine persons and their heires to the vse of the said I. and of the said I. then his wife and of the longer liuer of them without impeachment of waste And after their diseases to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer by force whereof the said I. S. and the said I. then his wife were thereof seised accordingly And so seised the said I. S. about three yeares now last past died seised of such estate as aforesaid hauing issue betweene him and the said I. one I. S. an infant of the age of two yeares or therabouts After whose death the said I held her selfe in the said messuages and lands and was thereof seised accordingly And so seised tooke to husband the said I. W. the other of your said Orators by force of which entermariage the said I. W. and the said I. were lawfully seised of the premisses as in the right of the said I. And your said Orators haue also the custody of the said I. S. the infant rightly belonging to the said I. his mother as gardeine in Socage Now so it is if it may please your good Lordshippe that certaine deedes euidences and writings touching and concerning the premisses and of right belonging to your said Orators and the said infant or to the one of them are casually come to to the hands and possessions of T. C. of B. aforesaid and I. S. of H. being kinsman vnto the said I. S. of B. the elder deceased who by colour of hauing the said deeds euidences and writings haue wrongfully entred into the premisses with thappurtenances and thereupon haue contriued certain secret estates vnto diuers persons vnknowen to your said Orators and by colour thereof they the said T. C. and I. S. of H. or the one of them of late time hath wrongfully entred into the premisses and hath receiued and taken the issues and profits of the premisses or some part thereof from your said Orators and although your said Orators haue diuers and sundrie times gently requested the saide T. C. and I. S. of H. to permit and suffer your said Orators quietly to haue and enioy the same premisses and to deliuer vnto your said Orators the said deeds euidences and writings touching and concerning the premisses and which of right doe belong and appertaine vnto your said Orators and to the said I. S. the infant yet they the same to doe haue hitherto refused and yet doe refuse contrarie to all right equity and good conscience which is likely to turne not only to the losse and hinderance of your said Orators But also to the preiudice and disinheritance of the said infant if speedie redresse herein be not had by your good Lordship in consideration whereof and forasmuch as your said Orators doe not know the certaintie nor certaine number of the said deedes euidences writings nor whether the same be contained in bagge or boxe sealed or in chest locked and so your said Orators and the said infant are without any ordinary remedie for the recouerie of the same by the common lawes of this Realme And for that your said Orators do hope that the same C. and S. will vpon their Oathes in this honorable Court confesse the certainty and truety therein where the said euidences are to be had or to whom they haue deliuered the same May it therefore please your good Lordship the premisses considered to grant vnto your said Orators the Queenes Maiesties c. The Answere of the same THe said defendants say and euery of them seuerally saith that the Sect. 119. said bill of complaint is verie vncertaine vntrue and insufficient in the law to be answered vnto for diuers manifest defaults and imperfections therein contained and framed and exhibited into this honorable Court as these defendants verely thinke of malice and euill will to the intent to put these defendants to great trauaile charges and expences to make their personall appearance in this honorable Court the said defendants dwelling in B. aforesaid in the saide countie of D. which is sixscore miles distant from the Citie of Westminster and without any iust cause so to doe and these defendants further say that if the surmised matters contained in the said bil of complaint were true as in very trueth they are not yet were the same determinable and to be determined by the common lawes of this Realme and not in this honorable Court whereunto these defendants pray to be dismissed with their reasonable costes charges and damages in this behalfe wrongfully and without iust cause sustained yet neuerthelesse if these defendants shall be compelled by the order of this Court to make any further or other answere vnto the said vncertaine and insufficient bill of complaint then the aduantage of exception to the incertaintie and insufficiencie thereof to these defendants and either of them at all times here after saued for further answere thereunto and for a full and plaine declaration of the trueth say that they thinke it is true that the said I. S. was in his life time lawfully seised in his demesne as of fee of and in the said messuage or teuements commonly called the H. and of and in certaine lands meadow and pasture and other hereditaments with the appurtenances to the said tenements belonging and with the same vsually occupied scituate lying and being in B. aforesaid as in the said bil of complaint is alleaged but the said defendāts further say that the said tenements in the said bill of complaint contained as they verely beleeue are holden of the right honorable G. Earle of S. of his manor of C. in the said Countie of D. by knightes seruice and by the yearely rents of two shillings And that he
being thereof so seised and the said Earle being also seised in fee of the said manor as these defendants thinke died thereof so seised by and after whose death the said tenements and premisses in the said bill mentioned descended and came to the said I. S. the sonne as sonne and heire of the said I. S. deceased who is yet within the age of one and twentie yeares by meanes wherof the said Earle after the death of the said I. S. the father as garden of the said I. S. infant during his minority by reason of the tenute aforesaid seised the bodie of the said I. S. the infant without that that to the said defendants knowledge the said I. S. the father being of the premisses seised in fee did in his life time conuey and assure the same premisses vnto certaine persons and their heires to the vse of the said I. S. of the said I. then his wife of the longer liuer of either of them without impeachment of wast and after their decease to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer as in the said bill of complaint is vntruely alleaged or that to these defendants knowledge by force thereof the said I. S. and the said I. S. then his wife being thereof so seised died thereof so seised or that to these defendants knowledge after his death the said I. held her selfe in the said messuages landes and premisses and was thereof so seised accordingly by force of any such conueiance or that she being thereof so seised tooke to husband the said I. W. or that by force of the saide entermariage the saide I. W. and the saide I. to the knowledge of these defendants were so lawfully seised of the said premisses in the right of the said I. as in the said bill is alleaged And without that that to these defendants knowledge the said I. W. and I. haue the custodie of the said I. S. the infant rightfully belonging to the said I. as Gardein in Socage as in the said bill is likewise alleaged And without that that any deeds euidences and writings touching and concerning the premisses and of right belonging to the said infant or to one of them are casually come to the hands custody and possession of the said defendants other then such deedes euidences and writings as the said I. did deliuer vnto the said T. S. the one of these defendants which he the said T. about one yeare now last past or more vpon the receipt of the Queenes Maiesties writ of Subpena deliuered to I. L. late of H. Haull in the County of D. Gentleman to the vse of the said infant which as he remembreth was done by appointment or agreement of the said I. And then an other old deede or writing without date conteyning these words following or the very like in effect and meaning viz. Sciant praesentes futur̄ quod ego Io. filius Tho. de B. dedi concess hac praesenti charta mea confirmaui Duranto de Toxdwood pro homag ' seruitio suo pro quadam pecuniae summa mihi prae manibus soluta totam terram meam quae vocatur le Haule cliffe in territorijs de B. cum boscis pratis pascuis pasturis omnibus suis pertin̄ sine aliquo retento quae iacet integre in latitud ' int̄ viam quae ducit versus B. terram quam L. de L. quondam tenuit extendit se in longitudin̄ de meta de B. vsque ad terram Abbat̄ de R. terram quae fuit A. F. terram R. de le Scagh vna cum tota illa terra cum domibus edificijs in ea sitis cum omnibus suis pertin̄ quam R. de T. quondam tenuit quae iacet integre inter terra c. And without that any other matters c. A Bill to be discharged of a Recognisance for the sauing of landes solde harmelesse for that a lease made thereof by which he seemeth to be dampnified was either made in trust or by surrender before the said bargaine with an answere replication and reioinder to the same bill COmplaining sheweth vnto your honorable Lordship Geor. Earle Sect. 120. of Shrowsbury that whereas Sir W. S. knight Lord M. deceaced in his life time about nine yeares now past was lawfully seised of an estate of inheritance amongst other lands and tenements of the third part of the scite mansion house of the late dissolued Abbey Monastery or Priory of B. in the county of L. and of all and singuler messuages houses edifices buildings orchards gardens fishings ponds lands tenements meadowes pastures commons hereditaments with the appurtenances to the said scite belonging then late in the occupation of F. S. afterwards in thoccupation of one M. and the said Lord M. being thereof so seised about the xvi day of December in the vii yeare of the Raigne of our Soueraigne Lady the Queenes Maiesty that now is of speciall and secret trust confidence by him the said Lord M. reposed in one W. S. of M. in the county of S. gentleman M. his wife or of one of them did make an Indenture bearing date the xvi day of September in the said vii yeare of a demise of the said third part of the said scite lands tenements and hereditaments with the appurtenances to the said W. S. and M. his wife to haue to hold the same vnto the said W. S. and M. from the decease of K. T. of S. for and during the terme of xxi yeares then next ensuing as by the said Indenture appeareth And deliuered the said Indenture to be deliuered as his deed when the said W. S. had performed certaine conditions agreements betweene them made vpon which Indentures made by them it was neuer intended nor agreed that the said W. S. and M. his wife or their executors or assignes or any of them should take any benefit to them but that the same lease should be surrendred and at all times disposed at the pleasure of the said Lord M. by force whereof the said W. S. and M. were possessed of the interest of the said terme accordingly and being thereof so possessed And the said L. M. being seised of the said R. of the third part of these tenements premisses of an estate of inheritance afterwards that is to say the xviii day of May in the xii yeare of the Raigne of our said Soueraigne Lady the said Lord. M. by Indenture bearing date the said day and yeare did bargaine and sell the said third part of the said premisses among other things to one I. C. of C. in the county of S. Esquire and F. S. of S. in the said County Gentleman and their heires for euer by which last recited Indenture the said Lord M. for him and his heires did couenant and grant to and with the said I. C. and F. S. and either of them that aswell the said I. C. and
exception therein of the saide lease if the said lease of the said third part before the making of the saide Indenture of bargaine and conueyance had not beene so deliuered of credit and of trust frustrated or granted ouer to the said W. M. or some other by the consent and agreement of the said I. C. and F. S. for their benefit for the auoiding of new charges growing betwene the making of the said lease the said bargaine And albeit aswell the other two parts of the said lands as all other lands tenements with thappurtenances bargained sold by the said Indenture were be clearly discharged of al incumbrances according to the true meaning of the said Indenture it may therefore please your good Lordship the premises coÌ„sidered to grant vnto the said Earle the Queenes Maiesties most gracious writ of Subpena to be directed vnto the said I. C. M. S. E. L. M. and E. his wife C. D. W. M. I. T. M. commaunding them and euery of them at a certaine day and place and vnder a certaine paine therein to be limitted to be and personally to appeare before your good Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and to abide such further order and direction therein as to your honour shall seeme to stand with right equitie and good conscience And the said Earle c. A Bill for the defendant by meanes of enâ—ermariage with the wife and executrix of one who by casuall meanes got the possession of one deede of demise indented made vnto the plaintife detaineth the said demise and by colour thereof doth occupie the tenements demised and taketh the profits to his owne vse IN most humble wise complaining sheweth vnto your good Lo. your Sect ' 121. daily Orator I. M. of B. in the County of N. That whereas one T. C. of D. within the County of Y. did by his deed Indented of demise about the fiueteenth yeare of the Raigne of our Soueraigne Ladie the Queenes Maiestie that nowis demise and grant to your said Orator ten acres of land fiue acres of meadow and fiue acres of pasture with thapppurtenances lying and being in B. aforesaid To haue and to hold to your said Orator and his assignes for the terme of xxi yeares from and after a certaine day therein expressed if the said T. C. should so long liue for the yearely rent of xx shillings payable at the feast of P. and Saint M. the Bishop in winter by euen portions But now so it is if it may please your good Lordship that the said Indenture the certaine dates or contentes whereof your saide Lordshippes Orator knoweth not before the day when the said lease should begin and take effect did by casuall meanes come to the hands custodie and possession of one I. W. who made his last Will and Testament and therein appointed one E. then his wife his sole executrix and died by and after whose death the said Indenture came into his hands and custodie of the said E. since which time the said E. did marie and tooke to husband one R. I. of B. by reason of which intermariage the said Indenture is now come to and remaineth in the hands custodie and possession of the said R. I. and E. his wife or of the one of them who by reason of hauing of the said Indenture without any iust title or interest therein haue entred into the said premisses with thappurtenances and will not in any wise quietly permit and suffer your Lordships said Orator to haue and inioy his said terme of and in the premisses according to his lawfull right and interest therein but contrarie to all equitie and good conscience haue euer sithence taken and conuerted and as yet doe daily take and conuert the issues to their own proper vse and behoofe and will neither deliuer vnto your Lordships said Orator the said Indenture nor permit and suffer him to haue and peaceably enioy the said premisses as aforesaid or any part thereof although your said Orator hath at diuers sundrie times required them so to doe In consideration whereof and for as much as your Lordships said Orator is without all helpe and remedie at the common law for that he knoweth not nor remembreth the dates or contents or any other certainty of the said Indenture May it please your good Lordship to grant her Maiesties gracious writ of Subpena to be directed to the said R. I. and E. his wife and to either of them commaunding them and eyther of them thereby personally to appeare before your honor in her Maiesties high Court of Chancery at W. at a certaine day and vnder a certaine paine by your honor therein to be limited there c. A Bill against an Infant for bourding and apparrell deliuered to him by the plaintife and for not performing of a lease IN most humble wise complaining sheweth vnto your Honorable Sect. 122. Lordship your daily Orator T. T. of B. in the Countie of D. husbandman That whereas about foure yeares now last past one G. B. of B. aforesaid yeoman being seised in his demesne as of â—ee of and in diuerse landes tenements and hereditaments with their appurtenances in B. aforesaid holden in Socage of I. S. as of the Manor of D. which said tenements and premisses the said G. B. had by discent by and after the death of B. his late father and the said G. B. being thereof so seised and being of the age of xx yeares or thereabuuts and vnder the age of xxi yeares about the xxv day of Iuly which was in the thirtie yeare of the Raigne of the Queenes most excellent Maiesty that now is by means counsaile procurement and perswasion of diuers euill disposed persons that is to say one A. E. I. M. W. M. T. C. H. M. N. H. W. H. and D. D. intending by their vngodly compact practise to make a pray of the simplicity of your said Orator being an ignorant vnlearned man the said G. B. came vnto your said Orator pretending that he did then beare great good will and fauour to your said Orator and therefore entreated your said Orator that he might boord remaine with your said Orator in his house at B. aforesaid and not onley haue meat drinke lodging but also such apparrell rayment as your said Orator should thinke meet conuenient for his degree calling at the costs charges of your said Orator promising faithfully and fully to satisfie your said Orator for all such charges expences as he by reason of the premisses should in any wise sustaine Wherefore your said Orator giuing credit vnto the said G. B. in the premisses thinking that that he had faithfully promised he would fully and effectually haue performed did then fully consent and agree to and with the said G. B. to find him meat drinke lodging apparrell as is aforesaid for the consideration promised
secret estates to diuers vnknowne persons to defraude the plaintife of his apt remedie by the common lawe and so prayeth proces against the defendant To the Right Honorable Sir T. E. Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lordship Sect. 145. your dayly Orator I. B. labourer That whereas R. G. Widowe was lawfully seazed in her demesne as of fee of and in three messes twentie acres of land meadow leasowe and pasture with the appurtenances set lying and being in M. in the Countie of B. And the said R. G. being so seazed of all the premisses did of the same about fortie yeares last past enfeoffe certaine persons To haue and hould to them and their heires to the vse and performance of the last will and testament of the saide R. G. and by the same her will deuised all the premisses or the vse thereof to her sonne W. B. and to the heires of his body lawfully begotten with diuers remainders ouer and dyed by and after whose death the said W. B. into the premisses entred and was thereof lawfully seazed in his demeasne as of fee tayle generall by force of the gift aforesaid And the said W. B. so being seazed of the premisses died of such an estate thereof seased by an after whose death the same premisses did discend and come to your said Orator as sonne and heire of the body of the said W. B. by force of the deuise aforesaide by reason whereof your saide Orator in the premisses entred and was thereof seazed in his demesne as of fee by force of the saide gift in taking the issues and profits accordingly vntill of late that is to say about foure yeares last past that as well the saide deede of feoffment and last will and testament aforesaide as also diuers other euidences charters escripts and miniments concerning the premisses are by casuall meanes come to the handes custodie and possession of one R. W. of S. aforesayde in the sayde Countie yeoman who by cullour of hauing of them hath not onely entred into the premisses and thereof expulsed your sayde Orator but also hath contriued diuers secret estates to diuers and sundry persons to your Orator vnknowne in purpose to defraude and delay your sayde Orator to his apt action and remedie by the course of the common lawes of this realme for recouerye of the prâ—misses to your Orators vtter vndoing and disinheritance for euer And for as much as your sayde Orator knoweth not the certayne number nor the dates and contents of the sayde Euidences Charters Escripts or Miniments nor yet wherein the same be contayned whether in bagge or boxe sealed or vnsealed or in chest locked or vnlocked by reason whereof your sayde Orator is clearely without all remedye for the recouerie thereof by the ordinarie course of the common lawes of this Realme In tender consideration whereof may it please your good Lordship the premisses considered to graunt vnto your sayde Orator the Queenes Maiesties most gracious writ of Subpena to be directed vnto the sayde R. W. commaunding 〈◊〉 thereby persoâ—â—lly to appeare before your good Lordship in the Queenes Maiesties high court of Chauncerpe at a short day and â—â—der a certayne payne therein to be limited then and there to answere to the 〈◊〉 and to abide such order and direction therein as to 〈◊〉 and iustice shall appertayne And your said poore Orator shall dayly pray as â—e is bounden for the health and long life of your good Lordship with all increase of honour to Gods will and good pleasure A bill against two for the deliuerie of heâ—reloomes or principalls to the plaintife being sonne and heire according to the custome of the Countie Pallantine of Chester To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great seale of England COmplayning sheweth vnto your good Lordship your dayly Orator Sect. 14â— I. S. of Lincolnes Iâ—â—â— Geâ—â— sonne and heire of I. S. of D. within the Countie of â— That where as the sayde I. S. was in his life time lawfully possessed of and in diuers goods and Chattels as of his owne proper goods that is to say Plate Iewels houshold stuffe beasts cattaile horses and other manner of goods amounting to the value of fiue hundred pound or neere thereabouts and so being thereof possessed made his testament and last will ordeyning thereof Elizabeth then his Wife and nowe Wife to B. P. his sole executrix and shortly after dyed possessed of the premisses as aforesayde within the said Countie of C. Immediatly after whose death the said E. did take vpon her the administration of the said goods and other the premisses accordingly by vertue whereof she was thereof possessed accordingly But so it is and please your Honor that the custome of all the countrie within the said Countie of C. is and time out of minde of man to the contrarie hath beene that if any person or persons being possessed of goods and cattels as of his owne proper goods and cattels and dye thereof possessed that the next heire to him that so dyeth possessed shall haue the best and principall thing of euerie sort and kinde of the said goods and cattels for and in the name of the principals and heire Lomes by force vertue whereof your Orator being the sonne and heire of the said I. S. was after the death of the saide I. S. iustlie entituled to a great part of the said goods and cattels amounting at the least in value to 200. pound or neere thereabouts by reason whereof and for that your said Orator was at the time of the death of his saide father vnder age of xxi yeares and yet is and in ward to the Queenes Maiestie and hauing the possession of so much of all the said goods and cattels as to your said Orator did appertayne and of right belong by vertue of the custome aforesaid being verie neere to the value of two hundred pound by deliuerie of the saide E. in her Widowhood immediatly after the death of the saide I. S. your saide Orator did incontinently thereupon deliuer the same to the said E. to be safely by her kept to your saide Orators vse and to be in like maner safely redeliuered to your saide Orator at such time or times as by your saide Orator or his assignes she should be thereunto required sithence which said redeliuerie made by your said Orator to the said E. as aforesaid the said E. hath taken to husband one B. P. Genâ— by reason whereof all the said goods cattels and other the premisses were and did come after the said entermariage into the hands and possession of the same B. P. which said E. sithens the said deliuerie made by your said Orator vnto her as aforesaide before the day of entermariage hath vtterly refused to make any redeliuerie of the said goods and cattels so by your said Orator to her deliuered as aforesaid or yet to make
plaint if went about to take the benefit of his extent to keepe Courts and vnderstand what lands and how the tenants held and what rents seruices they paid for the same but could not performe his purpose therein for the tenants the noble man had the Courtrowles in their keeping and the leasses rentals c. and would not let him see the same and that the noble man refused to suffer the plaintife to enter into the manors lands extended or to keepe any Courts and would not suffer the tenaÌ„ts to pay the plaintife any of the rents or seruices due for the same manors or to declare vnto him what the same rents and seruices were And then the plaintife prayeth that the tenants occupiers and farmors of the said manors may vpon their oathes bring forth their leasses declare what lands they hold and what rents seruices euery of them pay And that all the defendants may shewe to the plaintife the Courtroâ—les rentals books oâ— suruay field books terrars in their custodie and so prayeth proces against all the defendants To the Right Honorable Sir Christopher Hatton of the most noble order of the Garter Knight Lord Chancellor of England IN most humble wise complayning sheweth to your good Lordship Sect. 149. your dayly Orator I. L. Citizen and Clothworker of London That whereas the Ho. Ed. Lord M. Baron of R. the last day of December in the 26. yeare of the raigne of our soueraigne Lady Queene Elizabeth before Sir Christopher Wray Knight Lord chiefe Iustice of the pleas before her highnes to be holden did acknowledge himselfe to owe to your Orator the summe of MCC of lawfull english money by his recognizance in the nature of an estatute staple with a defeazance thereupon made for the true payment of diuers seuerall summes of money at sundrie seuerall dayes now long sithence past And whereas likewise the saide Ed. Lord M. was and stoode iustly indebted to your saide Orator in diuers other summes of money by ohter bonds as also by your Orators booke for diuers wares taken vp of your Orator for the vse of the saide Lord Mo. And whereas also Tho. P. Esquier brother of the said Lord Mo. stood indebted did owe to your said Orator other certaine summes of money for the paimeÌ„t wherof the said Lord Mo. did vndertake and did make to your said Orator many seuerall sundrie promises the which as yet he hath in no sort performed And whereas the said Lord Mo. at the time of the knowledging of the foresaid statute staple was lawfully seazed in his demesne as of Fee of in the mannors of H. W. A. B. with two faires twice in the yeare with one market holden euery weeke at H. aforesaid with the hundred of F. with euery of their appurtenances scituate lying being in the Countie of Norffolke and of and in the manor of H. with their appurtenances in the said Countie of Norffolke which said mannors other the premisses aforesaid the said Lord Mo. by lawfull assurance conueyance in the Lawe did bargaine sell conuey assure the same with all and euery their appurtenances whatsoeuer to one Tho. Lord of H. in the saide Countie of Norffolke Esquier and to his heires for euer by vertue of which conueyance and assurance the said Tho. L. was and is yet seazed of the saide seuerall mannors and other the aforesaid premisses in his demesne as of Fee And whereas the said Edw. Lord Mo. was likewise seazed in his demesne as of Fee at the time of the knowledging of the saide statute staple of and in the mannors of S. M. and W. with the aduousons of Sw. Mo. and Wo. with their appurtenances in the Countie of Norffolke aforesaid which said seueral mannors thaduousons aforesaid the said Lord Mo. by like conueyance and assurance did conuey and assure the same to one Ed. B. late of D. in the said Countie of Norffolke Esquier deceased and to his heires for euer to the only vse and behoofe of the said Ed. B. his heires and assignes for euer by whose death T. B. sonne and heire of the said Ed. B. Esquier deceased was and yet is seazed of the said mannors of S. Mo. and Wo. and of the aduowsons of S. Mo. and Wo. in his demesne as of Fee And whereas the said Lord Mo. was at the time of the knowledging of the saide statute staple likewise seazed in his demesne as of Fee of and in the mannor of B. with the appurtenances scituate and extending into the Townes of N. M. c. in the aforesaid Countie of Norffolke which said mannor the saide Ed. Lord M. did likewise conuey vnto T. G. GentÌ„ and to his heires for euer to the only vse and behoofe of the said T. G. his heires and assignes for euer And whereas the said Edw. Lord Mo. was at the time of the saide statute knowledged and yet is seazed of and in the mannor of A. with the appurtenances in the said Countie of Norffolke in his demesne as of fee and being indebted to your said Orator as aforesaid your Orator made sundrie and diuers earnest requests for the getting of the said debt and summes of money aforesaid and your Orator being by the saide Lord Mo. promised to haue the said debts at diuers seuerall dayes yet none of them were performed or kept whereby your Oratour seeing no performance but was delayed from time to time your saide Oratour about two yeares sithence sued forth his seuerall writs of Extendi facias directed to the Sheriffs of Norffolke Essex Hertford Sommersetshire and Yorke and to the Chancellor of the Countie Pallantine of Lancaster for the extending of all the mannors lands tenements and hereditaments within the Counties aforesaid whereof the said Lord Mo. was seazed the time of the saide statute knowledged which writ directed to the Sheriffe of the said Countie of Norffolke was deliuered to one Clement Pastone Esquier then Sheriffe of the same Countie to be by him executed and returned acordingly By vertue whereof the saide Clement Pastone Esquier did by the Othes of a Iury sworne charged within the said Countie of Norffolke acording to the due course of her Maiesties lawes extend and appraise the saide seuerall maunors faires markets lands tenements all other the premisses with the appurtenances lying within the said Countie of Norffolke as in and by the saide extents remayning of record in this ho. Court of Chauncery and by the returne of the said Sheriffe with the seisure of the said seuerall mannors into the Queenes Maiesties hands to the intent they might be deliuered to your Orator in extent more at large it doth and may apeare After which inquisition extent and seasure so taken had made your Orator sued forth her highnes writ of Liberate bearing Teste the 4. day of February in the 30. yeare of her highnes raigne directed tothe said Sheriffe of Norffolke commaunding him thereby to deliuer
in the premisses in the saide Bill mencioned as in the saide Bill of complaint is also vntrulie alledged And the saide Thomas Aynsworth for himselfe saith that he hath and doth exercise the Office of Baylife of the manor of S. in the said BIll mencioned vnder and by the apointment of T. B. Esquier in the said Bill mencioned whome this defendant supposeth to be seazed thereof of some estate of inheritance and hath in his hands certaine rentalls of the same mannor which Rentalls this defendant thinketh he ought to dutie to keepe and vse to the benefit and seruice of the saide Tho. B. and to employ the same according to his direction and not otherwise And further this defendant saith that this defendant is Farmor of parcell of the demesnes of the mannor of S. aforesaid which he holdeth for diuers yeares yet to come yeelding and paying therefore yearely 14. l 8. sÌ„ 4. d of lawfull money of England And also holdeth by coppie of Court rowle at the will of the Lord of the saide mannor of Swanton Morley according to the custome of the said mannor diuers lands and tenements within the precincts of the said mannor and yeelding yearely for the same 40. sÌ„ or thereabouts which rents this defendant thinketh are not payable to the plaintife for that the rents reserued vpon Leases made of any parcell of the extended premisses before the knowledging of the saide statute are not expressely extended nor deliuered to the said complainant in execucion But the saide complainant hauing extended and receiued the premisses into execucion as demeane in possession is to stay and expect till he may haue and enioy the same according to his extent and to the liuerey thereof made vnto him And further this defendant saith that the said mannor of Swanton Morley is and at the time of the awarding of execucion was as this defendant thinketh the inheritance of the saide Th. B. which he then had by purchase from the saide Lord Mo. since the knowledging of the said recognizance And in asmuch as the saide Lord Mo. at the time of the knowledging of the said Recognizance had and was seazed in Fee simple Fee taile or for terme of life as this defendant is crediblie enformed and partly apeareth by the Schedule of the liuerie of the saide Lord Mo. of and in the mannors of H. in the Countie of Essex of the yearely value of 100. l or there abouts and of and in the mannors of F. and Todenhoberie in the Countie of Hertford of the yearely value of fortie pound or thereabouts and of a certaine yearely rent of thirtie pound or thereabouts going out of the mannor of Shobington in the Countie of Buckingham and of diuers other mannors lands tenements and hereditameÌ„ts in diuers other Counties of England which ought to be contributorie to the payment of the saide twelue hundred pound and therefore the same is vndulie and contrarie to lawe charged vpoÌ„ the said mannor of Swanton cum Worthinge which the said Th. B. houldeth as a Feoffee for which cause the sayde T. B. as this defendant supposeth hath pursued his Sciri facias against the saide complainant in this honorable Court for the discharge of the said mannor of Swanton cum Worthinge from the saide due execucion and from the recouerie of the issues and profits comming and growing of the same mannor from the time of the said execucion For which cause this defendant humblie prayeth this honorable Court that the saide complainant may be referred to the Common Lawe to bring his Accion against this defendant for the recouerie of the saide rents due vpon such Leases and Coppie holds as this defendant houldeth of the said mannor of Swanton cum Worthinge wherein the validitie of the sayde Eâ—tent may be tryed so as this defendant may know to whom he may pay his saide rents without danger or further trouble And his defendant is readie to stand to such order as this honorable Court shall award concerning the shewing vnto the said complainant of his estate and terme which he hath of and in any part of the said mannor of Swanton cum Worthinge or holdeth of the same and other circumstances thereof without that this defend is Farmer or Customarie or free tenant of any other part or parcell of the said mannors or other the premisses in the said Bill mentioned or hath in his hands any Courtrowles Rentalls or Leases coÌ„cerning the premisses in the said bill mentioned other then as in this aunswere before is mentioned as in the said bill of complaint is vntruly alledged And without that that this defend hath vnlawfully confederated with any the persons in the said Bill mentioned to defeate the said compl of his lawfull execucion and estate in the premisses in the said BIll mentioned as in the said Bill is falsely surmised And the said Henry S. Iohn for himselfe sayth that he hath and doth exercise the office of Baylife of the mannors of Hockering c. in the saide bill mentioned whereof this defendant supposeth Th. Lo. Esquier to be seazed of some estate of inheritance and hath in his hands certaine Rentalls of the said mannors which Rentalls this defendant thinketh he ought in dutie to keepe and vse to the benefit and seruice of the said maister Louell and to employ the same according to his direction not otherwise And further this defendant saith the he this defendant is Farmer of certaine demesnes of the said mannor of Hockering whereof he holdeth some part for yeares some for life by Lease made by the said Lord Mo. whose estate the said maister Lo. now hath of and in the same yeelding paying therefore yearely 30. l or thereabouts which rent this defendant thinketh is not payable to the said complaynant for that the rents reserued vpon Leases made of any parcell of the extended premisses before the knowledging of the saide statute are not expressely extended nor deliuered to the said complaynant in execution But the said complainant hauing extended receiued the premisses into execution as demesne in possession is to stay and expect till he may haue and enioy the same according to his extent and the liuerey thereof made vnto him And further this defend saith that the said mannors of Hockering Northtuddenham are and at the time of the awarding of the saide execution were as this defendant thinketh thenheritance of T. Lo. which he then had by purchase from the said L. Mo. since the knowledging of the said Recognizance And in asmuch as the said Lo. Mo. at the time of the said Recognizance had was seised in fee simple fee taile or for terme of life as this defend is credibly enformed and partly apeareth by the Schedule of the liuerey of the said Lord Mo. of and in the mannors of Halingburie Morley and Salcot Verley in the Countie of Essex of the yearely value of 100. l or thereabouts and of and in the mannors of Furnex and Tuddenhoberie
in the Countie of Hertford of the yearely value of 40. l or thereabouts and a certaine yerely rent of 30. l or thereabouts going out of the manor of Shobington in the Countie of Buckingham and diuers other mannors lands tenements and hereditaments in diuers other Counties of England which ought to be contributorie to the payment of the sayd 12. C. pound and therefore the same is vndulie and contrarie to lawe charged vpon the said mannors of Hockering and Northtuddenham which the saide maister Lo. holdeth as a Feoffee for which reason the said maister Lo. as this defendant supposeth hath pursued his Scire facias against the saide complaynant in this honorable Court for the discharge of the said mannors of Ho. and N. from the saide vndue execution and for the recouerye of the sayd issues and profits comming and growing of the same mannors from the time of the said execution for which cause this defendant humbly prayeth this honorable Court that the said complaynant may be referred to the Common lawe to bring his action against this defendant for the recouerie of the said rents due vpon the saide leasses and estates which this defendant holdeth of the saide mannors wherein the validitie of the said extent and execution may be tryed so as the said defendant may know to whom to pay his saide rent without danger or further trouble and this defendant is readye to stand to such order as this honorable Court shall award concerning the shewing to the saide complainants of his estates tearmes which he hath of and in the said parcell of the demesnes of the said mannor of Ho. or holdeth of the same and other circumstances thereof without that that this defendant is Farmer Customarie or free tenant of any other part or parcell of the saide manors or other the premisses in the saide bill mentioned or hath in his hands any Courtrowles Rentalls or Counterpanes of leases concerning the premisses in the saide bill mentioned other then in his Answere before is declared as in the said bill of complaint is vntruly alledged And without that that the said defendant hath vnlawfully confederated with any the persons in the said bill mentioned to defeate the saide complaynant of his lawfull execution and estate in the premisses in the said bill mentioned as in the said bill of complaynt is also vntrulie alledged And without that that any other matter or thing in the said bill of complaynt mentioned materiall or effectuall to be answered vnto and not herein sufficiently answered confessed and auoyded trauersed or denyed is to these defendants or any of their knowledges true All which matters these defendants are ready to auerre and prooue as this honorable Court shall award and prayen to be dismissed out of the same with their reasonable costs and charges in this behalfe most wrongfully sustained A Bill into the Chauncery for detayning of euidences entering into a meadowe and a pasture and making to themselues diuers estates To the Reuerend Father in God Thomas Bishop of Ely Lord Chauncelor of England IN most humble wise sheweth and complayneth vnto your good Sect ' 151. Lordship your dayly Orator G. I. That where W. I. father vnto your said Orator was seised in his demeasne as of fee of and in fifteene Acres of pasture and meadowe with thappurtenances in Clare in the Countie of Suffolke and so being thereof seised dyed by protestacion seised After whose death the saide fifteene Acres of pasture and meadowe and all other the premisses with the appurtenances descended and came and of right ought to descend and come vnto your said Orator as sonne and heire vnto the saide W. I. So it is if it may please your good Lordship that certaine euidences deedes charters and other muniments concerning the premisses are come to the hands and possession of M. G. Widow and A. G. who by colour of hauing the saide euidences haue entered into the premisses and haue conueyed vnto them and to their heires diuers and sundrie estates in the lawe for the disherison of your said Orator and of his heires for euer And because your said Orator knoweth not the certaintie of the saide euidence nor whether it be contayned in bagge or bore sealed or in chest locked he is without remedie for the recouerie of the same by the order of the Common lawe except your Lordships fauour be vnto him shewed in this behalfe In consideration whereof it may please your good Lordship the premisses considered to graunt a writ of Subpena to be directed to the saide M. G. Widow and A. G. commaunding them by the same personally to appeare before your good Lordship in the Kings high Court of Chauncerie at a certayne day and vnder a certayne payne by your good Lordship to be limited there to aunswere vnto the premisses and after to abide such decree and order therein as to your good Lordship shall be thought to stand with right and conscience And your saide Orator shall dayly pray for the preseruation of your Lordships Honor long to endure The Aunswere of one of the defendants to the Bill next before who pleadeth that the plaintifes father sould the landes in the Bill mentioned to T. H. who sould the same to the defendants husband who conueyed the same to the defendant for her life And sheweth that at the time of the saide purchase and after the premisses were in diuers Feoffes in vse and sheweth afterwards the making of the Statute of 27. Hen. 8. for transferring of vses into possession The Aunswere of M. G. Widow to the Bill of complaynt of G. I. THe said defendant saith that the said Bill of complaint is vntrue Sect ' 152. vncertaine and insufficient in the lawe to be aunswered vnto and the matters therein contayned determinable at the Common lawe and not in this honorable Court whereunto the said defendant prayeth to be dismissed and thaduantage thereof to the said defendant alwayes saued if she shall be compelled to make any further aunswere vnto the saide insufficient Bill Then for the declaration of the truth the saide defendant sayth That as to any pasture or meadowe in Clare the saide defendant knoweth not that she is Tenaunt of or hath any that was belonging to the saide W. I. within the sayde towne or parish of Clare or detayneth any euidence concerning the same to her knowledge But the saide defendant sayth the sayde W. I. mentioned in the sayde Bill of complaynt together with I. W. alias Miller I. F. c. were seised of and in seauen Acres of pasture and moore and three Acres and one Roode of meadowe in S. in their demeasne as of fee to the vse of the sayde W. I. and of his heires and so beeing thereof seised the sayde W. I. bargained and soulde the pasture moore and meadowe last before remembred vnto one T. H. and to hys heires for euer By vertue of which bargaine the sayde W. I. and hys sayde other Coefeoffees were thereof
proceedings therein To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England HVmblie complayning sheweth vnto your good Lordship your Sect ' 154. dayly Orators T. B. of C. in the Countie of D. Clothier W. M. of L. Grocer M. G. Merchant Subiects borne of this Realme of England as well for themselues as for others subiects borne of the said Realme and Denizens Creditors of C. A. of L. Merchantaylor also a subiect borne of the saide Realme That whereas the said C. A. vsing and exercising the trade of Merchandize and seeking his trade of liuing by buying and selling vpon good and iust cause for wares and merchandize to him sold and deliuered and also for ready money to him lent being indebted to your said Orators in seuerall summes of money amounting to the value of 300. pound And now of late that is to say in this present moneth of Nouember in this xv yeare of the raigne of our soueraigne Lady the Queenes Maiestie about the second day of the saide moneth of Nouember did begin to keepe his house scituate in the said Citie of London and sithence hath departed from his said dwelling house and absented himselfe to thintent to defraude and hinder your saide Orators and other his Creditors of their iust debts and dueties to them due owing and so is become a Bankrupt By reason whereof and for that the said Bankrupt and others his confederates haue deuised and contriued diuers secret estates and sinister practises for the conueying and eâ—â—oyning of the bodie of the saide Bankrupt and of all lands goods debts and other things belonging to the said Bankrupt in such wise as your Orators are without helpe for recouering or obtayning of their saide iust debts and dueties but onely by complaint to your Lordship and thereupon to haue remedie according to the Statute touching orders for Bankrupts in the Parliament begun and holden at Westminster the second day of Aprill in the xiii yeare of the Raigne of our said soueraigne Lady the Queenes Maiestie made and prouided In consideration thereof may it please your good Lordship to graunt the Queenes Maiesties most gratious Commission to be directed to such and so many wise and honest discreet persons as to your Lordship shall seeme good Aucthorizing them not onely concerning the said Bankrupts body lands freehold and customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarie to the intent and true meaning of the saide Statute to do and execute all and euery thing and things whatsoeuer as well towards and for satisfaction and payment of your said Orators as towards and for all other intents and purposes according to the ordinance and prouision of the said Statute And your said Orators shall dayly pray c. The Commission vpon the Statute of 13. Eliz. Cap. 7. made against Bankerupts and graunted to the Creditors vpon the Bill next before ELizabeth by the grace of God Queene of England Fraunce and Sect ' 155. Ireland defendor of the faith c. To our trustie and welbeloued Sir Rowland Heyward Knight Iohn Langley Alderman of our Citie of London Tho. Hatton Tho. Aldersey Thomas Egerton Mercers and William Wignall Merchant Taylor of our saide Citie of London greeting Whereas we be enformed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargayning and seeking his trade of liuing by buying selling and being a Subiect borne of this our Realme of England in this present moneth of Nouember in the xv yeare of our Raigne viz. about the second day of the same moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed from his saide dwelling house and absented himselfe to the intent to defraude and hinder T. B. of C. in the Countie of Deuonshire Clothier W. M. of London Grocer Mi. G. Merchant and others his Creditors being also Subiects borne of this our sayde Realme of their iust debts and dueties to them due and owing and so is become a Bankerupt We minding the due execution of the Statute touching orders for Bankerupts in our Parliament holden at Westminster in the xiii yeare of our Raigne made and prouided vpon trust of your wisedomes diligence and prudent circumspections which we haue conceaued in you doe by these presents name assigne appoint constitute and ordayne you our speciall Commissioners geuing full power and aucthoritiye vnto you fiue or foure of you whereof they the sayde Sir Row H. I. L. or T. H. to be one according to the sayde Statute not onely concerning the sayde Bankerupt hys bodie lands freehold and Customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarye to the intent and true meaning of the saide Statute to do and execute according to the saide Statute all and euerie thing and things whatsoeuer aswell for and towards satisfaction and payment of the saide Creditors as towards and for all other intents and purposes according to the ordinance and prouision of the saide Statute Willing and commaunding you fiue or foure of you whereof Sir Row H. I. L. or T. H. to be one to proceede to the execution and accomplishment of this our Commissioin according to the true intent and meaning of the saide Statute with all diligence and effect as our speciall trust is in you Witnesse our selues at Westminster the fifth day of Nouember in the xv yeare of our Raigne A precept from the sayde Commissioners to the Officers to make proclamation according to the saide Statute against Bankrupts that the said Bankrupt before a day certaine come in and yeeld his bodie to the Commissioners or to one of them To the Bayliffes and head Officers of the Burrough of Southwarke WEe the Commissioners hereafter named by vertue of the Sect. 156. Queenes hignesse Commission to vs directed require charge you fiue sundrie market dayes next ensuing the receipt hereof to make fiue sundry Proclamations in manner and forme hereunder specified The Proclamation THe Queenes highnesse doth strictly charge and commaund C. â— Sect. 157. Merchantaylor of the Citie of London that he at or before the day of next comming in the Guildhall of London or where you shall appoint yeeld his bodie before Sir Row Heyward Knight or before some one of the said Commissioners appointed by her highnesse vnder her great seale of England til the due execution of the Statute touching orders for Banckrupts lately made and prouided vpon paine and perrill of the penaltie of the lawe in that case limited and appointed An Indenture vpon the saide Commission and Statute of Bankcrupts betwixt the Commissioners of the one partie and the Creditors of the other partie whereby the Commissioners after view
search and praisement made sell certaine of the goods of the debtors vnto the creditors in part of satisfaction of their debts with a Schedule annexed vnto the said Indenture which is likewise indented wherein are contayned the perticulers of the goods with their seuerall prices as they be prized by the Commissioners to the one part of which Indentures is put to the hands and seales of the said Commissioners and to the other of the said Indentures the hands and seales of the creditors THis Indenture made c. betweene sir R. H. Knight A. B. C. D. Sect ' 158. E. F. of the one partie and G. H. and I. K. creditors of C. A. Citizen and Merchantaylor of London on the other partie witnesseth That where our said soueraigne Lady the Queenes Maiestie that now is by her highnesse letters of Commission bearing date at Westminster the fifth day of Nouember last past before the date hereof minding the due execution of the Statute touching orders for Bankerupts in her Parliament holden at Westminster in the xiii yeare of her highnesse said Reigne made and prouided reciting that whereas her Maiestie was enfourmed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargaining and seekinig his trade of liuing by buying and selling and being a subiect borne of this her Realme of England in the said moneth of Nouember in the xv yeare of her Maiesties Raigne that is to say about the second day of the saide moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed frō his saide dwelling house absented himself to th entent to defraude hinder his creditors being also subiects borne of this her said Realme of England of their iust debts duties to them due owing so is become a Bankerupt hath assigned appointed constituted ordained the said R. H. c. her especiall Commissioners geuing full power authoritie vnto them 5. or 4. of them whereof the said Sir R. H. to be one according to the said Statute not only concerning the said Bankerupt his bodie lands freehold customarie goods debts all other things whatsoeuer but also concerning all other persons which by concealemēt claime or otherwise do or shall offend touching the premisses or any part thereof cōtrary to th entent true meaning of the said Statute to do execute according to the said Statute all euery thing things whatsoeuer as well towards for satisfaction and payment of the saide creditors as towards and for all other intents purposes according to the order prouision of the said Statute in that case prouided as by the same Commission more plainely it doth and may appeare By force and vertue of which said Statute and of the saide Commmission the saide Commissioners haue caused certaine goods Cattels wares and Merchandizes of the saide C. A. contayned and mentioned in a Schedule indented to these presents annexed to be searched viewed apprized And also haue sold deliuered and by these presents do sell deliuer to the creditors aforenamed all the said goods Cattalls Wares Merchandizes contayned and mentioned in the said Schedule indented to these presents annexed To haue and to hould the same euery part thereof to the said Creditors before named their executors administrators and assignes to their owne proper vses for euer towards the satisfaction and payment of the said Creditors that is to say to euery of the aforenamed creditors a portion rate and ratelike according to the quantitie of the debts In witnesse whereof the said parties to these Indentures interchangeablie haue set to their Seales Yeuen the day and yeare first aboue written The intituling of the Schedule mentioned in the Indēture next before written and annexed to the same Indenture IN this Schedule indented is contayned and mentioned certayne Sect. 159. goods wares Cattels Merchandize late of C. A. Merchantaylor which be sould by the Indentures whereunto this Schedule indented is annexed that is to say in his house in L. in the parish of G. in London Imprimis c. A Bill into the Chauncery against one by a prisoner in the Fleete to compell the defendant to proceede in an agreament made betwixt the plaintife and the defendant for his enlargement by the order of the Lord Chauncelor then dead To the right reuerend Father in God Nicholas Archbishop of Yorke and Lord Chauncelor of England MOst humblie complayning sheweth vnto your grace your dayly Sect. 160. and poore Orator W. M. of M. in the Countie of Chester Gent̄ now being prisoner in the Fleete at the suit of R. D. of the same Countie Esquier committed thereunto by the late reuerend Father in God the Bishop of Ely being then Lord Chauncelor of England of and vpon a Statute of 200. l which suit of the saide R. D. hath thus remayned the space of eight or nine yeares to the great miserie and vtter vndoing of your graces saide Orator And where diuers agreaments with other diuers meanes haue bene taken and made betweene the said R. D. and your saide Orator and especially the last day of May in the last yeare of our late Soueraigne Lord King Edward before Doctor Lyell Maister Dyer appointed then by the said late Lo. Chauncelor where it was agreed betweene the said R. D. your graces said Orator that your said Orator should be bound in 1000. l that he should not alienate nor sell any parcell of his lands now being in his possession or to him in reuercion And all such lands that were sold by your saide Orator that your said Orator should endeuor w e all diligence to recouer the same againe And furthermore it was agreed ordered betweene the said R. D. and your said Orator that your said Orator should put insuerties to pay vnto the saide R. D. 50. pound of lawfull money of England that is to say fiue pound yearely during tenne yeares next ensuing All which orders and agreements your Graces said Orator is contented to accomplish and fulfill Yet notwithstanding the saide ◠D. minding rather the continuance of your said Graces Orator in prison to his vndoing will neither obey the late ho. Lord Chauncelors order then made therein nor yet the agreaments heretofore made but onely doth finde delayes to prolong the time to the vtter vndoing of your Graces Orator In consideration whereof the premisses tenderly considered it may please your Grace to commaund the saide R. D. to appeare before your Grace and to take such order with him as shall seeme best to your Grace And your said Orator shall pray for your Grace long to continue A Bill into the Chauncerie by the Husband and Wife for and on the behalfe of diuers to compell executors to pay legacies wherein is shewed that they to whom the legacies be giuen haue no remedie by the ecclesiasticall lawe to compell the then executors to pay the said legacies To the
right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your honors good Sect. 161. Lordship your daily Orators A. T. Esquier and Katharine his wife late wife vnto one R. K. deceased and one of the daughters of William W. of B. in the County of Warwike Esquier deceased for and in the behalfe of William C. sonne of the said Katharine and for and in the behalfe of Mary T. and K. T. daughters of the said A. and Katharine and of W. G. sonne of Ed. G. Knight of the body of Margaret G. one other of the daughters of the aforenamed W. W. lawfully begotten Ed. M. and Anne his wife one of the daughters of the aforenamed Ed. G. and Margaret and Tho. M. and Elizabeth his wife one other of the daughters of the said Sir Ed. and Margaret That whereas the aforesaid William W. in his life time had issue seuen daughters that is to say Margerie late wife of Thomas H. Esquier and after that wife to the ho. Sir A. C. Knight one of the Queenes most honorable priuie Councell and now Chauncellor of her highnesse Duchie of Lancaster Godith wife to B. F. Esquier Elizabeth late wife of Ed. B. Esquier deceased Mary wife of William S. Esquier Margaret wife of the said Sir Ed. G. Anne wife of Frauncis Mo. Esquier and Katharine one of your said Orators And whereas also the saide W. W. in his life time was possessed of and in diuers goods and chattels houshold stuffe plate Iewels and also entituled to certaine debts amounting to the value of tenne thousand pounds or thereabouts and so being thereof possessed and entituled did constitute and make his Testament and last Will and by the same did bequeath geue and demise to diuers and sundrie persons diuers great legacies perticulerly and certainely set forth in the said last Will amounting in the whole to the summe and value of 3500. pound or thereabouts And the residue of all his goods Chattels and debts due vnto him after his funerall expences perfourmed his debts paid and all his legacies and bequests perticulerlie contayned and mentioned in his said Will fulfilled perfourmed and payd hee the sayde W. W. by his sayde Testament and last Will did geue and bequeath to the preferment of all the children comming of hys sayde sixe eldest daughters and to W. C. Mary T. and Katharine T. three of the Children of the sayde Katherine nowe Wife of the sayde Anthonye T. youngest Daughter of the sayde W. W. to be equallie deuided amongst them by the discretion of hys executors And by the same hys Testament and last Will hee did ordayne nominate and make the sayde honorable Sir A. C. Knight Sir Ed. G. Knight nowe deceased Basill F. and W. S. Esquiers and one W. B. Esquiers deceased his Executors as by the same his Testament and last Will more at large it doeth and may appeare And afterwards in the moneth of May in the second and third yeares of King Phillip and the late Queene Mary hee the sayde W. W. dyed possessed of the sayde goods Chattels and debts amounting to about the summe or value of tenne thousand pounds After whose decease the sayde Executors did take administer and agree to the sayde Testament which speciall Legacies aforesayde eyther be or might haue beene by the sayde Executors long sithence fulfilled satisfyed and paide so as the residue should and ought to come to the sayde Children according to the sayde Will And although your sayde Oratours haue diuers and sundry tymes required the sayde Executors to make payment of so much of the residue of the sayde goods Cattalls and debts as to them appertayned yet that to doe they and euerie of them haue hitherto refused and denyed contrarie to right equitie and good conscience In consideration whereof and for as much as your sayde Orators cannot certainely tell and declare the seuerall parcels of the sayde goods Cattalls and debts nor what the sayde Executors haue payd or receiued for any manner of debts owyng by or to the sayde W. W. by reason whereof they are vnable to prosecute for their remedie in the premisses at and by the order of the Ecclesiasticall lawes of this Realme May it therefore please your good Lordship to graunt the Queenes Maiesties writ of Subpena to be directed to the said Executors c. commaunding c. A bill contayning that a lease of a rectorie and the buildings gleebe lands and tythes was made by the Deane and Chapter of a Colledge in Oxford to the plaintifes father for terme of yeares reseruing a rent And that the same by force of the said lease was long possessed That the said lease came to the plaintife by meane conueyance and that continuing the tearme the defendant suggesting to the said Deane and Chapter that the said Rectory and tythes were occupied by the plaintife without lease or title hauing a purpose to conceale and defraude the said Colledge of the said Rectorie and tythes became a suitor to the now Deane and Chapter to haue a Lease of the saide Rectorie and tythes for 21. yeares and thereupon obtained a lease thereof for 21. yeares yeelding for it the accustomed rent with an augmentation of rent corne That the defendant hauing obteyned a lease of the saide rectorie and tythes for 21. yeares sued the plaintife for the same in the Excheker at Westminster in a quo minus and that he did interrupt the plaintifes possession And then the plaintife prayeth an iniunction for stay of the saide suite and for the establishing of his possession and proces against the defendant and the Deane and Chapter to aunswere the bill To the Right Ho. Sir Io. Puckering Knight Lo. Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lo. your Sect. 162. dayly Orator T. B. of N. in the Countie of C. Esquier that whereas the Deane Chapter of Christes Church in the Vniuersitie of Oxford were seased in their demesne as of fee in the right of their sayd Church of in the Rectorie Parsonage of R. with the appurtenāces in the said Countie of C. being a Parsonage impropriate and being so thereof seased by their deede indented sealed with their common seale the certain date wherof to your said orator is vnknowne for wāt of hauing the same did for the considerations in the said Indenture specified demise graunt to farme let all the said Rectorie parsonage of R. with the appurtenances all maner of houses barnes glebe lands tithes fruits profits aduātages whatsoeuer to the same Rectorie parsonage belonging or in any wise appertaining vnto one R. B. late of N. in the said Countie of C. Esquier deceassed father vnto your said Oratour for a number of yeares yet enduring reseruing thereby a great annuall rent the tithes of the vicarage of R. aforesaid the patronage disposition thereof and all the woods
of and in the Mannors of M. W. with diuers messuages lands tenements hereditaments to the said Mannors belonging in the County of C. to the yearely value of 50. l and aboue and he being of the said Mannors and other the premisses seised died of such an estate thereof seised without issue of his body lawfully begotten After whose decease the premisses descended and of right ought to discend vnto your saide Orator as brother and next heire of the saide Peter your saide Orator then being but of tender age that is to say of the age of twelue yeares or there abouts But so it is right honorable Lord that all the Euidences Deedes Charters writings and miniments concerning the said mannors and premisses during the minoritie of your said Orator came casually to the hands possession of R. D. Esquier who by cullor of hauing of the said Euidences Deedes Charters writings and miniments hath wrongfully entred into the saide manors lands tenements and other the premisses and of the same hath made and contriued diuers and sundrie secret and false estates and conueyances to diuers persons to your saide Orator vnknowne to his owne vse to the vtter disherison of your saide Orator And albeit your saide Orator hath diuers and sundrie times required the saide R. D. as well to deliuer vnto him the said Euidences Deedes Charters writings and miniments as also peaceablie and quietly to suffer and permit him to enioy the said manors lands tenements with their appurtenances yet y◠said R. D. hath alwaies hitherto denied refused yet denieth refuseth so to do cōtrary to all right equitie good conscience And forasmuch as your Orator knoweth not the certaintie of the said euidences deeds charters writings miniments nor whether they be contained in bag or box ensealed or chest locked yea or no he is like to be without all remedy for y◠recouery of y◠same by the order due course of y◠cōmon lawe except your Lo. goodnes be vnto him shewed in this behalf In cōsideration wherof it may please your good L. to grant vnto your Orator the King and Queenes Maiesties writ of Subpena to be directed to the saide R. D. Commaunding him by the same at a certaine day and vnder a certaine paine by your Lordship to be limited personally to appeare before your good Lordship in the King and Qu. high Court of Chauncery at Westminster then and there to make aunswere to the premisses c. R. Cat. The Aunswere of the defendant to the said Bill wherein is confessed the hauing of diuers euidences concerning the lands mentioned in the said Bill and that he is readie to deliuer them to whom the Court shall order them to belong And for that the plaintifes father is yet liuing the defendant prayeth that he may be called into the Court to shew what title he hath to the said euidences and disclaymeth to haue any interest in any of the mannors c. mentioned in the Bill but an Interest he may be entituled to haue by reason of a Statute merchant he hath which was acknowledged by the complaynants father The Aunswere of R. D. Esquier to the Bill of complaynt of T. M. Gentleman THe said defendant by protestation not confessing or acknowledging Sect ' 171. any such seisin dying seised or discent as in the said Bill is alleaged for aunswere sayth that he is not nor at the time of the exhibiting of the said Bill was not Tenant of the said mannors and other the premisses sauing only such benefit interest and title as the said R. is or may be entituled to haue in or to the premisses by reason of a certaine Statute merchant or Recognizance knowledged by W. M. Esquier father of the said complaynant to Sir P. D. Knight deceased Thaduantage of exception thereof and all other benefits and interests that the said defendant hath or may haue by reason of the said Statute merchant or Recognizance knowledged by the saide W. M. Esquier father of the said complaynant as aforesaid and the execution to be sued of the same to the said defendant alwayes saued and reserued the saide defendant for all other Interests or Titles disclaimeth in the said manors lands or tenements And as to any euidences concerning the said manors lands and tenements mentioned in the said Bill except one Indenture and one other writing made by the saide W. M. and one writing made by the said complaynant The said defendant by protestation not knowing the certaintie what euidences he hath in his custodie concerning the said mannors and other the premisses for that they be in the County of Chester now farre from the said defendant for aunswere saith that the saide W. M. father to the said complaynant long time past was seised of the said Mannors lands and Tenements of an estate of inheritance in possession or in vse by discent from his Auncestors and the said Euidences came to the hands of the said Sir P. D. Knight long time past and by and after the death of the said Sir P. D. the same euidences came to the possession of the said defendant which said defendant desireth that the saide W. M. which is yet in full life may be called into this honorable Court to shewe what title he hath or claymeth to the saide euidences and the saide defendant is and shall be readie to deliuer such euidences as he hath concerning the premisses except the said Statute merchant and other writings and defeasances of the said Statute as appertaineth to the said defendant to such person or persons to whome this honorable Court shall award the same to appertayne And as to three writings before excepted the said defendant hath them here readie in this honorable Court to be deliuered to whome this honorable Court shall adiudge the same to appertayne Without that that the saide defendant hath wrongfully entered into the said Mannors lands and Tenements and of the same hath made or contriued any estates and conueyances to diuers persons in such sort as in the said Bill is vntruly alleaged And without that that any other thing materiall to be aunswered vnto other then that in this present Aunswere is confessed and auoyded is true All which matters the said defendant is ready to auerre and prooue as this honorable Court shall award and prayeth as before he hath desired And also that he may be dismissed out of this honorable Court with his reasonable costs and charges for his wrongfull vexations sustained in this behalfe Am. Gilbert A bill of complaint by I. W. and the Lady lane his Wife daughter and heire of the Lady Iane deceased against the husband and his wife for entring into a house and lands and keeping of the possession thereof for detayning of Euidences and contriuing of secret estates in the premisses To the right reuerend Father in God Stephen Bishop of Winchester Lo. Chauncellor of England IN right humble wise complayning sheweth vnto your good
Lordship Sect. 172. your Suppliants I. W. and the Lady Iane his Wife daughter and heire to the Lady Iane P. deceased That whereas the said Lady Iane P. in her life time was lawfully seased in her demesne as of fee of and in one mesuage or house with a gardeine thereunto belonging set lying and being in B. in the Countie of D. and of and in 12. acres of errable land medow and pasture with their appurtenances thereunto belonging in B. aforesaid and so being of such an estate thereof seised about foure yeares past died thereof seised After and by whose death the premisses discended and came as of right they ought to discend and come vnto your sayde Oratrix as daughter and heire of the saide Lady Ia. P. her mother So it is if it may please your good Lordship that diuers Deeds Euidences Charters Miniments and writings concerning onlie the premisses and of right belonging to your said Oratrix as in the right of the said Lady Iâ— P. by casuall meanes are come to the hands possession and custodie of I. C. Gentleman and E. his Wife who by cullor of hauing the sayde Euidences and writings haue entred into the premisses and by cullour thereof haue contriued conueyed and made to themselues diuers secret estates of the premisses and thereby do likewise detaine and keepe the possession of the same premisses from your said Orators albeit they haue beene diuers and sundrie times thereunto by your suppliants required for the deliuerie of the same yet that to do they haue alwayes hitherunto denyed and yet to denye to the manifest disinheriting of the saide A. and the great wrong and losse of both your saide Orators for that your saide Orators do not knowe the certeine number or certaine dates of the deedes and conueyances nor whether they be contayned in bagge or boxe sealed or chest locked whereby they be for the recouerie of the same premisses cleane without remedie by the strict course of the common lawes of this Realme In consideration whereof the premisses by your good Lordship tenderly considered it may please your good Lordship to graunt vnto your said Orators the Qu. Maiesties most gratious writ of Subpena to be directed to the said I. C. and E. his wife commaunding them and eyther of them thereby personallie to appeare before your good Lordship in the Queenes Maiesties high Court of Chauncerie at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted and appointed then and there to answere to the premisses and further to stand to and abide such finall order and direction therein as to you Ho. good Lo. with right and equitie shall seeme most meete and conuenient And your said Orators shall pray for c. A bill by the leassee for yeares of the Scite of a Manâ—or c. contayning the detayning of the plaintifes lease of the premisses the breaking of the seales thereof and that the defendandts by a practise amongst them to the intent to impouerish the plaintife and vniustlie to get from him the premisses haue brought an Assise in the towne of Salop against him for the same in which suit there is a partial Iurie returned by the Bayliffes of the said towne And one other suit comenced against him for part of the premisses by one of the defendaÌ„ts before the Counsell in the marches of Wales and therefore prayeth an Iniunction for stay of the said suits and also a Subpena against the defendants to appeare and aunswere the bill To the Right Ho. Sir Nicholas Bacon Knight Lord Keeper of the great seale of England IN most humble wise complayning sheweth vnto your Ho. good Lo. Sect. 174. your poore dayly Orator H. D. of A. in yâ— Countie of Salop GentÌ„ That whereas one Io. late Duke of Northumberland in his life time amongst diuers other lands tenements hereditaments was lawfully seised in his demesne as of fee of in the manor of A. lying being within the said County of S. and so being thereof seised by his deede indented about the 27. yeare of the Raigne of the late King of famous memorie King Henry the 8. by the name of Sir Io. D. Knight did demise graunt set and to farnie let vnto P. C. the Scite of the Manor of A. aforesaid together with the mansion or hall place of the same And all and singular lands meadowes leasowes pastures feedings woods waters and commons with all other commodities duties seruices and customes to the said Scyte of the said Mannor belonging or in any wise appertayning To haue and to hould the aforesaid Scyte of the saide Mannor and all other the premisses and all and singuler the appurtenaunces to the said P. C. his executors and assignes from the feast of Saint Michaell the Archangell then next comming after the date of the aforesaide Indentures vnto the end and tearme of threescore yeares then next ensuing and fullie to be compleated and ended yeelding and paying therefore yearely vnto the saide Sir Iohn Dudley his heires and assignes foure pound sterling at the feast of the Annunciation of our Lady and Saint Michaell the Archangell by euen portions with diuers other couenaunts graunts and agreaments contayned and specified in the saide Indentures as by the same more at large it doth and may appeare By force whereof the said P. C. into the premisses entered and was possessed accordinglie The state and interest of which saide P. C. to and in the premisses and euery part and parcell thereof your poore Orator by iust and lawfull conueyance and assurance in lawe of long time hath had and now hath and the same hath quietlie and continuallie possessed and enioyed for and by the space of fourteene yeares nowe last passed by force of the sayd Lease made to the sayde P. C. by the aforesayde Duke without lette or interruption of anye person or persons vntill now of late that the aforesayde Lease is casuallie come to the hands possession of Ed. Le. of P. in the County of S. Esquier which persons malitiously intending your poore Orators impouerishment and vtter vndoing haue not only wilfully broken in pieces and disseuered from the said Lease the seales of Armes of the saide late Duke annexed by him to the aforesaid lease and otherwise defaced the same to the intent your said Orator although he should recouer against them by due order and course of the lawes of this Realme the aforesaid lease yet he might be the lesse able to prooue the saide Lease to be made by the aforesaid Duke for that they well perceiue the time now so farre spent that very fewe or none of the witnesses that were present at thensealing and deliuerie of the said Lease be now liuing as they suppose But also they haue further conspired and agreed amongst themselues together with one R. W. of A. in the Countie of Salop and R. S. of the towne of Salop and Countie aforesaid That he the said R.
diuers things with warrantie in consideracion of a rent with a clause of distresse c. 125 ✿ Of the 3. parte of a rent with warrantie 126 ✿ Of the 3. part of certaine land by these words Concesserunt reddiderunt 127 ✿ A Fine with general warrantie of an estate pur aut vie after whose death the land is to reuert to the conusor 128 ✿ Of diuers things to a PresideÌ„t schollers of a Colledge with waâ—ranty 129 ✿ With warraÌ„tie against the conusors the heires of the husband 130 ✿ Of diuers things with general warraâ—tie 131 ✿ Of the 3. part of diuers things with generall waâ—rantie 132 ✿ By the husband and the wiâ—e of diuers things with generall warrantie 133 ✿ The order of taking the knowledge of a Fine by Dedimus potestatem fol. 37. b ✿ A Fine with generall warrantie with a graunt and render to one of the conusors for 7. daies with a remainder for life to a straunger the reuercion after to the said conusor in fee. 134 ✿ By the husband and the wife of diuers things with generall warrantie 135 ✿ A Fine before the Iustices of the Common pleas at Westminster with generall warrantie 136 ✿ A Fine with warrantie against the conusor and his heires 137 ✿ The engrossement of the Fine before as it is vpon Record 138 ✿ A Fine with generall warrantie with a graunt and render for certaine termes and after to remaine ro the conusor in fee. 139 ✿ A Fine with generall warrantie with a grauÌ„t of the conusee for life the reuercion to the conusor in fee. 140 ✿ Of a Rent with generall warrantie 141 ✿ A Fine with generall warrantie in consideration of an Annuitie imposing a payne for the non payment thereof 142 ✿ A Fine of lande to holde by Knights seruice and rent with generall warrantie 143 ✿ A Fine of a mannor reciting c. with warrantie against the Conusors during c. 144 ✿ A Fine with warrantie in consideration whereof the conusee regraunts the premisses for a certaine tearme after the ende whereof the premisses are to remayne to the Conusee in fee. 145 ✿ The taking of the knowledge of the fine fol. 41. a ✿ Notes to bee obserued in fines fol. 41. a ✿ A fine of diuers things with render to the conusors for life and with diuers remainders ouer after theâ— death in generall tayle for default of issue â—o the c. 146 Adiunctes of Concordes 147 A licence of alienacion of landes holden in capite 148 A licence to alien in Mortmaine 149 A Quod permittat finem leuari 150 The writ of Ad quod damnum 151 Of a Pardon for alienacion 152 Of the Dedimus potestatem to take recognizance of a fine 153 The Dedimusâ— potestatem thereof fol. 44. a The Praecipe and Concord which mâ—st be filed to the Dedimus potestatem fol. 44. b Of the Queenes siluer 154 Obseruations necessarie at the knowledging of fines 155 How and when cognisaunces of fines must be certified and what may hinder the same 156 Of thinrollement of writtes of couenant Dedimus potestatem and knowledges thereupon which is tearmed the foote of the fine 157 Of the Note of the fine 158 Quid Iuris clamat 159 What persons may obtayne attournement by Quid Iuris clamat and what not 160 What persons bee compelable to atturne in a Quid Iuris clamat and what not 161 What pleas will barre the plaintife of atturnement 162 What processe will lie in a Quid iuris clamat 163 The manner of the writte in a Quid iuris clamat 164 The distresse in a Quid Iuris clamat fol. 49. b. Diuers formes of Entries if the parties appeare after the daie of the returâ—e fol. 49. b Atturney in Quid Iuris clamat 165 The writ of Quem redditum reddit 166 The writ of Per quaeseruiâ—ia 167 Vpon whose alienation the tenant is not compelâ—ble to atturne 168 Against whom a Per quaeseruitia lieth whom not 169 Of the ingrossing of fines 170 Of the tabling of fines ingrossed 171 How many Proclamacions are to bee made vpon fines and when 172 Of Proclamacions of fines at the assises and generall Sessions how they must be certified 173 Of the Inrolement of al the partes of fines after the ingrossing thereof proclamacions passed 174 Of the Exemplification of the partes of fines inrolled 175 How Fines executory bee executed 176 The manner of execucion of fines by writte 177 Of exccucion of Fines by Scire facias 178 Certayne cases of the nature and forme of a Scire facias vpon a fine 179 What fines with proclamacions barre the issue in tayle 180 What time after a fine leuied and Proclamacion made any man hath to enter or clayme by action or otherwise and who are thereby barred and who not 181 How priuies in blood are bounde in fines 182 Of Estraungers hauing present right and no impediment 183 Of Estraungers hauing present right and impediments 184 Of Estraungers hauing diuers defectes 185 Of Estraungers without impediments haue future right for cause precedent 186 Of Estraungers with impediment hauing future right 187 Of Estraungers hauing no right before the Fine 188 Of EstraÌ„gers hauing diuers future rights by diuerse titles 189 Estrangers to fines hauing neyther preseÌ„t nor future right to the tenements in the fine at the leuying therof but onely vnto rents common c. issuing out of the same 190 Pleas to auoid Fines 191 Of a writ of Error 192 Of a Certiorari 193 A Mittimus of the transcript of a fine out of the Chauncerie into the Common place 194 A Mittimus 195 A Mittimus for the foote of a fine fol. 72. b Whether any but he which reuerseth a fine may take benefit thereby 196 A writte of Warrantia chartae 197 Recoueries OF Recoueries for assurances commonly called Common or feigned Recoueries Sect. 1 Of what thinges writtes of Entre may be brought and by what names 2 Of what things a writ of Entre lieth not 3 A Certiorari to the Executor of the Iustice before whom the warrants were acknowledged 4 A recouery with single voucher 5 A recouery with double voucher 6 A recouery with treble voucher 7 A recouery of an Aduowson 8 All the partes of a recouerie in a writ of Right de Praecipe in capite exemplified 9 Remissio Curiae in breui de Recto 10 The Exemplification of a recouerie inrolled according to the Statute of 23. Eliz. cap. 3. 11 Perdon alienÌ„ super teâ—â— per breue de ingressu recuperatÌ„ 12 Exemplificacion of a recouerie with double voucher out of the Prothonataries office 13 An other of the like effect 14 A Dedimus potestateÌ„ to take knowledge of a warrant of Atturney of the vouchee 15 The manner of the returne fol. 83. a A Dedimus potestatem de attornatÌ„ rec in breui de ingressu super disseisinam in â—e post pro tenenâ— 16 The manner of the Returne fol. 83. a Aliud