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 '
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
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
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
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
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
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
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
and would not take any aduantage of the forfeiture of the said bond against the said coÌ„plainant but would cancel the said bond and take new bond for the paimeÌ„t therof at the feast aforesaid And that the said complainant relying vpon the foresaid agreement promise and assumption of the said P. for the forbearing of the said c. vntil the said feast of c. aforesaid and for the taking of a newe bond for the payment thereof at the feast aforesaid did not pay the same according to the condition of the foresaid Obligation which otherwise he would haue done in such sort manner and forme as in the said bill of complaint is also most truely set forth and declared And with that also that the said complainant in Mich. Terme last past sent the said G. V. his seruant to L. with the said money to make payment thereof And that the said W. W. the other defendant vpon offer of tender of the foresaid summe of money by the said V. The said W. W. did promise to deliuer the saide bond vnto the said V. within short time after so as the said V. would deliuer ouer a bond which he had in his keeping to the vse of the said P. and would also at a time betwene them agreed on make paiment of the said summe of c. which bond was deliuered ouer accordingly to the said P. or W. by the said V. And the said V. was readie to tender and pay the said money according to the said appointment in such sort manner and forme as in the said bill of complaint is also truely alleaged Without that that the said W. P. one of the said defendants sought often to the said complainant and made meanes to him to haue the saide debt either to be paid in mony or that he might be satisfied therof some other way who made him many faire promises to do the same but neuer ment or intended it in such sort manner and forme as in the saide answere is most vntruly alleaged For the said complainant saith that he did often and sundrie times both before the said feasts c. and diuers times sithence offer to make paiment of the said summe c. vnto the said W. P. and. W. and alwaies was and yet is readie and willing vppon the redeliuerie of the foresaid bond to pay the same in such sort as in the said bill of complaint is most truely shewed and alleaged And without that also that any other thing matter or circumstance in the said aunswere mentioned materiall or effectuall to be replied vnto and in this Replication not sufficiently confessed auoyded denied trauersed or otherwise replied vnto is true All which matters the said complainant is readie to auerre and prooue as this most Honorable Court shall and will awarde And prateth as before in his said bill of complaint he praied The Ioint and seuerall Reioinder of W. P. and W. W. defendants to the Replication of E. L. complainant THe said defendants say and either of them for himselfe seuerally Sect. 127. saith that the Replication of the said complainant is vniust and vntrue and very insufficient in the law by these defendantes or either of them to be reioined vnto Notwithstanding all aduantage of exception to the incertainty and insufficiency thereof to these defendants and to either of them at all times hereafter being saued for reioinder vnto the said in sufficient replication These defendants say and either of them for himselfe seuerally saith in all and euerie matter and thing as they and either of them in their seueral answeres haue said without that that any other matter cause or thing whatsoeuer materiall or effectuall contained in the said replication by these defendants or either of them to be reioined vnto and not herein sufficiently confessed and auoided trauersed or denied is true All and euerie which matters and things these defendants and either of them are readie to auerre and proue c. A Bill for detaining lands with euidences MOst humblie complaining c. your daily Orator I. S. of A. in Sect. 128 the County of H. Husbandman That whereas R. S. of H. in the County of H. aforesaid Husbandman and grandfather to your Orator was in his life time seised in his demesâ—e as of fee or in fee taile of and in certaine messuages lands and tenements to the yearely valew of c. or there abouts lying in H. aforesaid and of the same died seised By force whereof the said tenements discended and came as of right they ought vnto one I. S. father to your said Orator sonne and heire to the said R. who afterwards entred into the same and was for diuers yeares seised of the tenements accordingly vntil about the first yeare of the Raigne of the late King Edward the sixt At which time one W. G. of H. aforesaid happening by casuall meanes to get into his possession all the euidences charters and writings concerning the said lands and tenements And knowing that your said Orators father could not for want of those euidences charters writings defend his right title and interest to the lands aforesaid entred also into the said tenementes and the same wrongfully did withhold and detaine during the terme of his naturall life sithence which time one T. G. of H. aforesaid and E. G. widow mother to the said T. hath also entered into the said tenements and the same to this day most vniustly withholdeth together with all the charters euidences and writings aforesaid which in right and equitie belong and appertaine to your Orator as sonne and heire to the said I. S. now deceased In tender consideration whereof and for so much as your Orator doth now know the certaine dates of the charters euideneds and writings aforesaid nor of any of them neyther doth know whether they are in bagges or boxe sealed or in chest locked he is without all remedie at the common lawes of this Realme and also without all other meanes how to finde reliefe in this behalfe except your honorable Lordships fauour extended And that the said T. G. and E. G. may by your Lordships order be compelled vpon their oathes plainely and truely to shew forth their estate in and to the tenements aforesaid and also to shew what right title or interest they haue or claime in and to the same likewise to shew the effect and certaine dates of such charters euidences and writings aforesaid as they or eyther of them haue in their possession concerning the said tenements aforesaid or any part thereof May it therefore c. as before The Answere THese defendants by protestation say and euery of them saith that Sect. 129. the bill of complaint exhibited into this honorable Court is for yâ— most part vncertaine vntrue and insufficient in the law to be answered vnto And that the matters therein contained are deuised by the complainant onely to molest and trouble these defendantes being verie poore rather then
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
peremptoria And Glanuil cap. 3. Lib. 9. saith Talis concordia finalis dicitur eo quod finem imponit negotio adeo vt neutra pars litigantium ab eo de caetero poterit recedere In which bookes may be seene thauncient forme of leuying Fines their great antiquitie for they be as auncient as any Court of Record Plow fol. 357. a. 368. b. which without question were long before the Conquest So that Fines hauing their commencement of Record long before the Conquest euer since haue remayned in great estimation as appeareth by a Fine leuied before the Conquest touching the possession of the Abbey of Crowland and diuers other auncient Fines leuied before that time yet extant Plow 357. a. 368. b. But chiefely we are to consider their effects which be to make certeintie and assurance to the parties concerning their estates in lands and tenements and to end contention and breed peace and securitie to all men As appeareth by the Statute de Finibus 27. Edw. 1. Stat. 1. cap. 1. wherein be these words Quia fines in Curia nostra leuati finem litibus imponere debent imponunt Ideo fines vocātur maxime cum post Duellum magnam Assisam in suo casu vltimum locum finalem teneant imperpetuum with which Statute agreeth Bracton tractatu 5. Lib. 5. cap. 28. Sect. 7. de Exceptionibus And therefore by thauncient law Fine and Nonclaime by the space of a yeare and a day was a peremptory barre to all men which was abrogated by the statute made 34. Ed. 3. cap. 16. And at this day Fines be of great force puissance and worthinesse for being leuied and ingrossed with proclamatiōs according to the statute of 4. H. 7. cap. 24. 1. R. 3. cap. 7. 32. H. 8. cap. 36. 31. Eliz. Reg. cap. 2. They are finall endes and sufficiently conclude barre and discharge for euer aswell parties and priuies as estrangers to the same except women couert other then beene parties to the fines and euery other person at the time of the leuying of the same fine being within the age of xxi yeares or in prison or out of the Realme or of vnsound mind and not parties to such fines Sauing vnto estrangers to such fines such right title claime and interest as they haue to the tenemēts therein contained at the time of thingrossing thereof so that they pursue the same by action or lawful entrie within fiue yeeres next after proclamations thereupon made according to the said statutes And sauing to all other persons such action right title claime and interest in or to the tenements in such fines mencioned as first shall grow remaine discend or come to them after the said fine ingrossed and proclamations made by force of any cause or matter had or made before the said fine leuied so that they pursue their action right or title within fiue yeeres next after that it is to them accrued By which authorities we gather that fines are nothing els but Instruments 20. Ass p. 1. 26. Ass p. 37. Dyer fol. 179. Plow fol. 146. of record of agreements cōcerning lands tenements or hereditaments duely made by the Queenes consent licence knowledged by the parties to the same vpō a writ of Couenant a writ of Right a writ of Customes Seruices Warrantia chartae thereof or such like before the Iustices of the Common place or others thereunto authorized ingrossed of record in the same Court to end all cōtrouersies therof both betweene themselues which be parties and priuies to the same and all estrangers not suing or clayming in due time These Fines destroy estates taile other then such as be made by the King the reuersion being in the King 32. H. 8. ca. 36. And other then fines of lands restrayned from alienation by act of parliament 32. H. 8. cap. 36. Or leuied by an Intrudor of lands seised into the kings hands as by an heire which holdeth in Capite before Liuery sued 1. H. 7. ca. 5. for by the Praerogatiue cap. 13. by his entrie he gayneth no freehold And in time become perpetuall barres against all men end strife make peace breede securitie and tranquillitie which is the very fruite effect and end of all godly Lawes Of the parties to fines IN euery Fine two things are principally to be regarded the persons Sect. 2. and the action Persons chiefely regarded in fines be the parties to the fines and the Iudges Parties to the fines be the Cognizor and the Cognizee which are thefficient causes thereof The Cognizor is he which doth knowledge the fine The Cognizee is he to whom the fine is leuied In the parties 3. things are specially to be regarded Their Capacities Names and Estates Touching the Capacitie of the Cognizor it is to be considered whether he be a person able to leuie a fine or no namely whether he be void of all such impediments naturall and ciuill as may hinder him in doing thereof What persons may be Cognizors and what not ALl persons male female may be Cognizors but such as are prohibited Sect. 3 that to doe by nature or law By nature through defect of the nund or of the bodie but no longer then such defect endureth This defect of the mind is either naturall or casuall Of Infancie DEfects of the minde by nature is by age which is of Infants Sect. 4. that is persons vnder thage of xxi yeeres as by Ideocy which ought not to be Cognizors because the law intendeth they want vnderstanding and discretion what to do in this behalfe Yet if a fine be leuied by an Infant it cannot be reuersed but by himselfe by writ of Error during his infancy that the Court may see him and thereby iudge his age 50. E. 3. 5. 17. E. 3. 52. and 78. Impediments of the mind casuall such as affect are furious madde men Lunatiques Ideots men hauing the Lethargie whereunto may as it seemeth be added doting old persons wanting discretion men drunken who ought not to be Cognizors for their fines are not reuersable because the fine it selfe argueth their habilities for the law intendeth that Iudges will receiue no cognizances of such persons 17. E. 3. 5. and 78. 17. Ass 17. Defects of the bodie DEfects of the bodie be such infirmities thereof by which the principall Sect. 5. sences necessarie for vnderstanding and to declare their consents are wanting Of which sort be such as are blind deafe or dumbe naturally But persons blind deafe or dumbe accidentally may make cognizance if they can expresse their meaning by writing Impediments legall or ciuill LEgall impediments be when such persons be prohibited by law as Sect. 6. by nature are able to leuie fines And they are either by reason of subiection or ioint power Of legall subiection SUbiection legall is when persons be vnder the rule of others as a Sect. 7. feme couert to her husband 2. H. 5. 9. E. 3. 28. A villein to his Lord 33.
one dead thing onely it is precij and not ad valentiam but of diuers dead things ad valentiam not precij Of come not currant it shal be praecij but of coine curraÌ„t shal neither be said precij nor ad valentiam For the price and value therof is certein but of counterfait coine shal be said ad valentiam in counterfaiting of coine shal not be said x. li. libras in denarijs dominae Reginae nor in pecunia dominae Reginae but ad instar pecuniae dominae Reginae The verie maner of the fact or deed it selfe and nature of the offence must also be mentioned in the indictment as in escape for prison breaking must be expressed for what felony the offendor was apprehended imprisoned And for counterfaiting of money must be shewed to what the counterfait is like as groats shillings c. And in murder and manslaughter the stroke whereof death ensued Dyer fol. 99. pl. 63. And for slanderous words against the Queene the very words must be certeinly set downe And for entrie into house land or tenements must be expressed what maner of house lands or tenements as a messuage a cottage arable land medow pasture or wood And where in any Indictment seuerall acts be said to make vp th offence which may be done at seueral times and places both the times places must be certeinly expressed as in murdar manslaughter thassault and the striking as apud B. in comitatu E. c. in quendam I. S. insultum fecit ipsum I. S. cum quodaÌ„ gladio precij c. adtunc ibid ' felonice ex malitia sua praecogitata ê‘cussit murdrauit And in theft the thing stollen must certenly be laide downe 22. Ass pla 75. 29. Ass 45. And an Indictment against an accessarie must shew what felony the principal committed and that knowing it receiued the felon feloniously 7. H. 6. Touching the seueral natures of seueral offeÌ„ces it is to be noted that in Indictments of treasons the fact must be necessarily saiâ— to be done proditorie of murder murdrauit and of manslaughter and all other felonies the deed must be said to be done felonice and in burglary Burglariter or intentione ad felomam siue murdrum faciend c. in rape felonice rapuit in theft felonice cepit asportauit if it be a dead thing if liuing abduxit or felonice furatus est In petie Larceny and maime must also be said felonice And notwithstanding the statute of 37. H. 8. ca. 8. it is not amisse in euery indictment conteining felony or trespas to vse the wordes vi armis viz. gladijs baculis cultellis c. And in a Forcible entre vpon the statute 8. H. 6. ca. 9. must be manuforti c. or cum multitudine gentiuÌ„ c. And in an IndictmeÌ„t found vpon statuts it seemeth not needful to recite the statute verbatim as hath bin heretofore vsed and namely if the statute be general 5. H. 5. 11. 30. ass 38. But fully certeinly to describe th offence against the tenor of the same statute And then conclude with these words Contra formam statuti in humÌ„di casu prouisi aediti If there be onely one statute of that offence but if there be diuerse coÌ„cerning the same then the conclusion must be Contra formam diuersorum statutorum in hmÌ„di casu aeditÌ„ prouisorum c. And it is specially to be noted that in Indictments grounded vpon penal statuts other then for tillage giuing the penaltie to the Queene onely may be exhibited at any time within two yeres after the offence But if the benefit be to the Prince another persoÌ„ it ought to be sued for such person and the Prince within one yere And for the Prince alone within three yeres if shorter time be not in that behalfe limited in such Penal statutes 31. Eliz. cap. 5. But the formes of Indictments will best appeare in the following examples which for the Readers ease I haue here Alphabetically set downe as ensueth For keeping an Alchouse or Tiplinghouse IVratores pro Domina Regina presentant quod A. B. de C. in dict' comitatu Sect ' 67. E. yeoman vicesimo die mensis Octobris Anno regni dominÌ„ nostrae Elizabethae Dei gratia Angliae Franciae Hiberniae Reginae fidei defensoris c. Tricesimo continue multis diebus postea viz. vsque primum diem dicti Octob. AnnÌ„ supradicto apud C. praedict ' in comitatu praedicto obstinate atque ex aucthoritate propria ipsius A. B. sine vlla Iusticiariorum pacis dictae dominae Reginae in comitatu praedicto admissione aut allocatione assumpsit super se custodire custodiuit vnam communem Tabernam Anglice vocataÌ„ a common Tipling house ibidem dicto vicesimo die dictis diebus tum postea communiter publice vendidit ceruisiam potum Anglice dictum Ale and Beere diuersis dictae dominae Reginae ligeis subditis In dictae dominae Reginae contemptum ac contra formam cuiusdam statuti in parliamento domini Edwardi nuper Regis Angliae sexti tento apud WestmonÌ„ Anno regni dicti domini Edwardi quinto in huiusmodi casu prouis editi For silke in a Cappe IVratores pro Domina Regina praesentant quod A. B. de C. in dicto Sect ' 72. Comitatu Tailor natus infra hoc regnum Angliae videlicet apud C. praedictam sed filius aut haeres apparens alicuius militis aut filius hominis altioris gradus non existens nec potens expender per annum viginti libras in terris tenementis feodis officijs aut alijs annuis reuentionibus pro termino vitae suae nec valens ducentas libras de bonis suis proprijs nec vnquam Maior Balliuus Aldermanus aut capitalis officiarius in aliqua Ciuitate burgo aut villa corporata existens nec dictae dominae Reginae seruiens in ordinario vtens dictae dominae Regine liberata existens 20. tamen die Octobris anno regni dicte dominae nostrae Elizabethae Dei gratia Angliae Franciae Hibernie Reginae fidei defensoris c. Tricesimo apud C. praedictam in comitatu praed ' per totum dictum 20. diem Anno supradicto interiore parte cuiusdam pilei sui Anglice vocati a Cap quodam serico Anglice dicto Taffata ad valorem 2. solidorum illicite palam vsus est contra formam cuiusdam Statuti in parliamento Philippi Mariae nuper Regis Reginae Angliae tento apud WestmÌ„ in comÌ„ Midd ' Annis regnorum suoruÌ„ primo secundo in huiusmodi casu prouisi editi For vsing the Art of a Mercer against the Statute of Anno quinto of the Queene IVratores pro domina Regina presentant quod A. B. de C. in comitatu Sect. 63. E. Mercer vicessimo die mensis Maij Anno regni dictae dominae nostrae
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
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
Orator hath paid by the handes of F. B. to the said I. W. and in discharge of some debts due by the said I. W. and by his appointment at seuerall times the summe of lxx l' vi s̄ viii d. which the said I. W. hath also accepted in part of payment of the said summe of one hundred and fiftie pounds which said seuerall summes the said I. W. hath from time to time accepted as in part of paiment discharge of the said summe of 150. l' And your said Orator also standeth bound for the onely debt and duetie of the said I. W. for the payment of 20. l' more vnto I. P. Esquire which your said Orator alwaies hath beene and yet is readie to pay for the said I. W. when he shall be thereunto required so that your said Orator hath in the whole paid and satisfied vnto the said I. W. and in discharge of the debtes of the saide I. W. the full summe of one hundreth fourescore and eight poundes and more which is more then your said Orator needed to haue paide vnto him as anie money due vnto the said Anne wife of the said I. W. for the saide I. W. doth very well knowe that the said H. B. did not deuise or bequeath any more vnto the said Anne then the summe of one hundred pounds And doth also very well know that he hath diuers and sundrie times vpon the receipt and payment of the saide seuerall summes not onely confessed the receipt of the same but also faithfully promised vnto your said Orator that he would cancell and deface the said obligations yet notwithstanding so it is if it may please your good Lordship that albeit the said I. W. doth very well know that your said Orator hath fully satisfied and paide vnto him the said summe of one hundreth pounds bequeached by the said H. B. vnto the said Anne and hath also fullie satisfied and payed vnto him fourescore and eight poundes and more parcell of the said hundreth pounds which your said Orator gaue vnto the said Anne of his owne free liberalitie and for the aduancement of the said A. and that the said Obligations viz. one of one hundreth poundes for the payment of fiftie pounds and one other Obligation of two hundred pounds for the payment of one hundred pounds which your said Orator became bound in vnto the said I. W. were for the selfesame debts which your said Orator hath at seuerall payments as is aforesaid paid vnto him in discharge and in part of satisfaction of the said seuerall Obligations ought in all right equitie and good conscience to be cancelled and defaced vpon the payment of the residue of the said summes which is behind and which your said Orator is readie to pay yet he the said I. W. hauing a very greedy and couetous disposition to enrich himselfe albeit he doth very well know the said seuerall Obligations to be in effect fully satisfied and discharged as is aforesaid and that he hath not at any time beene any thing dampnified by the for bearing of the said seuerall summes yet hath he now lately commenced suite vpon one of the said Obligations in her Maiesties Court of Kings Bench and vpon the other Obligation in her Maiesties Court of common Plees meaning to take the whole forfaiture of the said seuerall Obligations against your said Orator in that your said Orator did not in trueth alwaies pay vnto him the said seuerall summes according to the condition of the said Obligations but did alwaies pay the same at such times as the said I. W. had occasion to vse it and as he did at any time demaund it and doth with all the expedition he can and with the most hardnesse that he may vse seeke to recouer the penalties of the said seuerall Obligations against your said Orator contrarie to all right equitie and good conscience and to the great hurt and hinderance of your sayd Orator And albeit your sayd Orator hath diuers and sundry times earnestly required of the sayd I. W. not only to cancel and deface the sayd Obligations vpon the paiment of the residue and surcease his seuerall suites commenced vpon the same yet that or any of them to do he hath denied and refused and still doth denie and refuse contrary to all right equitie and good conscience In consideration whereof and for asmuch as your said Orator hath no good matter to pleade in barre of the said seuerall Actions by course of the common Lawes in that albeit he hath in truth paied and satisfied the said seuerall summes in such sort as the sayd I. W. held himselfe contented therewith yet can he not make any proofe of the paiment of the same according to the conditions of the said seuerall Obligations And for that also the said I. W. hath not in any sort bin dampnified by the forbearing of the said summes of money or any part thereof and yet if he had forsomuch as your said orator hath fully paied vnto him fowerscore eight pounds more then he neede to haue paied and that of his owne liberalitie there is now no reason why he should seeke by rigor of law to take the forfeiture of the said seuerall Obligations albeit it were true that the same were not fully satisfied and discharged in such sort as they ought to be May it therefore please your good Lordship to grant vnto your said Orator the Queenes Maiesties most gracious seuerall writs of Subpena and Iniunction to be directed to the said I. W. not only straightly charging and commaunding him by the same at a certaine day and vnder a certaine paine therein to be contained limitted personally to appeare before your good Lordship in the Queenes Maiesties most high Court of Chancerie then there to answere to the premisses but also inioyning him by the same his Counsellors Attorneys and Solicitors to stay and surcease the said seuerall suits and no further to proceede in the same vntill other order shall be therein taken by your good Lordship And your said Orator shall pray for your good Lordship in honor long to indure A Bill for the detaining of a lease for yeares and taking the profites of the lands leased and secret taking of a Cow distreined and impounded by the plaintife out of the pound and charging him with thee esloyning of the same Cow HVmblie complaining sheweth to your good Lordship your daily Sect ' 72. orator N. C. of H. in the countie of D. Gentleman That whereas one T. E. of H. aforesaid gentleman was lawfully seazed in his demesne as of fee of and in diuers and sundry lands tenements hereditaments with the appurtenances set lying and being in H. aforesaid And he so being thereof seised about the 20. day of May in the 27. yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is at H. aforesaid for and in consideration of a certaine summe of money to him by the said N. C. well
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
stand to and abide to such further order direction therein as to your honorable Lordship shall be thought to stand with right equity and good conscience And your said Orator shall daily pray vnto God for the preseruation of your Honors prosperity and good health long to continue A Bill by an Administator vpon a promise made vnto the intestate by the defendant to pay vnto him certaine money in mariage of the dâ—fendants daughter with one of the intestates Sonnes COmplaining sheweth vnto your Honorable Lordship G. Earle of Sect ' 78. S. administrator of the goods and chattels of the right honorable G. Earle of S. deceased his late father that wheras about seuen yeares now last past there was certaine communication betweene the said G. Earle of S. in his life time and one W. R. of K. in the County hf N. Esquier of for and concerning a marriage then intended to be made betweene H. T. Esquier one of the sonnes of the said late Earle and E. the onely daughter and heire apparant of the said W. R. And thereupon it was fully concluded and agreed betweene the said late Earle and the said W. R. and either party did mutually promise and agree to and with the other that the said H. T. and the said E. daughter of the said W. R. should marry together according to the Ecclestasticall lawes of this realme of England at a certain day by the said parties for that purpose agreed vpon appointed And for and in consideration of the said marriage to be made as is aforesaid the said W. R about the same time did assume to the said late Earle faithfully promise to pay and giue vnto the said late Earle 4000. l of lawfull English money or there abouts at certain daies likewise in that behalfe between them agreed vpon now long sithence past by reason of which agreement promise assumption so made as is aforesaid the said H. T. did shortly after the said agreement marry and take to his wife the said daughter of the said W. R. And thereupon the said W. R. did well truly content and pay to the said late Earle the summe of 3000. l parcell of the said summe of 4000. l or there abouts And shortly after before he the said late Earle had receiued the residue of the said summe of 4000. l he the said Earle died Now so it is if it may please your honorable Lordship that the said W. R. not ignorant of the premisses and nothing regarding his said agreement faithfull promise and assumption so as is aforesaid by him made to and with the said late Earle but imagining and fraudulently intending aswell the said late Earle in his life time as your said orator being administrator of the goods chattels of the said late Earle since his death in this behalf falsly deceiptfully to defraud and deceiâ—e him of the sum of a 1000. l at the lest parcel of the said sum of 4000. l or there abouts by him agreed promised to be paid to the said late E. as is aforesaid in consideration of the said mariage although he the said W. R. hath oftentimes aswell by the said late E. in his life time as by the now E. since his death bin curteusly required to haue paid the said summe of 1000. l according to his said agreement promise and assumption yet that to do hath he euer hitherto denied and refused and yet doth denie refuse to do the same contrary to his said faithfull promise assumption to the great losse damage of the now E. and altogether against all right equity good conscience Notwithstanding that the said late Earle in respect of the said mariage hath conueyed and assured vnto the said H. T. a good estate of inheritance of diuers manors lands tenements and hereditaments worth 3000. l by the yeare or there abouts wherof the said R. his daughter is intituled to haue dower by law In consideration whereof and forsomuch as by reason of the great trust confidence which the said late Earl did repose put in him the said W. R. the said agreement promise assumption so as aforesaid betweene them made was so made secretely priuatly betweene theÌ„selues only without calling any other person or persons vnto theÌ„ to be witnesses therof which might testify the same agreemeÌ„t promise other answere to the said vntrue and insufficient bill of complaint then they and either of them for the satisfaction of this honorable Court in the truth of all the matters in the said bill most vntruly obiected by the said complainant against the said def for further and ful answere thereunto and for plaine declaration of the truth therein They the said defendants and either of them say that true it is indeed that there was a certaine speech or communication had betweene the saide complainant and these said def for such a bargaine to be had and made between them in such sort for the lease and paiments as they â—re by the said bill alleaged the which said communication was then set downe in certaine articles bearing date in the said complainants bill alleaged And it was then also most materiall for these said defendants further couenanted and agreed on the part of the said complainant that that said communication should be by him the said complainant put in writing by deed indented and according to law be executed by sealing deliuering thereof as these said defendants then did and yet do take it moreouer that the said complainant and G. B. of E. in the Countie of D. Esq shoulde become bound iointly and seuerally vnto the said def for the true performance of all and euery the said agreements in the summe of 110. li. before the paiment of the said summe of 40. li. in the said bill mentioned being the first paiment which they should haue made the which saide communication as the said defendantes did accompt it was then set down in writing vnder the terme of Articles of agreemeÌ„t but yet neuer meant to conclude or bind the said bargaine vntill the same should haue bin ingrossed sealed deliuered the said obligatioÌ„ entered at the said complainaÌ„ts costs and trauel as the said def haue euer taken it think the same wil proue so in law because it was referred to further writings more effectuall in the law to be accomplished by the said complainant the which to do he neither yet hath neither as it seemeth meant to performe but rather to gaine the said defendants money without anie assurance thereof to be made vnto theÌ„ for that he hath not caused the said articles to be ingrossed neither hath he the said G. B. entred into bond to the said defendants or either of them according to the said agreement but wholly sought if by any meanes he could cunningly to possesse himselfe of the said summe of 55. li. or of so much thereof as he could without any
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
as your said Orator giuing faith and credite to the said promise assumption of the said H. C. did take their said promise and assumption of them without calling anie witnesse to them to heare the same so that your said Orator for want of such witnesses hath no remedie by the common lawes of thsi Realme nor otherwise to make them performe the same promise and assumption vnlesse the said H. C. and R. C. doe confesse the same in their answere in this Honorable Court as your saide Orator verely thinketh they will May it c. A Bill for entitling himselfe to the soyle of a common and for selling of woods therein growing IN most humble wise complaining sheweth and complaineth to your Sect. 105. Honor your daily Orator R. G. Clerke Prebendarie of the Prebend commonly called the Prebend of the Ouerhall in Norwell in the Collegiate Church of Southwell in the Countie of Nott̄ That wheras your said Orator was and is seised in his demesne as of fee in the right of the said Prebend of and in one Manor in Norwell in the said Countie whereof certaine wooddy grounds and springes being most commonly open and the herbage thereof taken and vsed as common by the tenants and other inhabitants of the same Manor and Towne of N. aforesaid is parcel And the tenants and inhabitants of the same Manor and Towne of N. aforesaid as tenants of the same Manor And other tenants and inhabitants within the townes and villages of C. and K. that is to say by them as Commoners because of Vicinage by reason of which said wooddy and spring of grounds vsed as common as is aforesaid part whereof is parcell of the same Manor of N. contayning by estimation twentie acres extending in length from a certaine Oke tree being a boundarie Oke betwixt the same and such other like grounds being parcell of an other Prebend in the Collegiate Church of S. aforesaid commonly called the Prebend of the Neatherhall or Palacehall in N. aforesaid and from thence extendeth along by a place where three trees lately there did grow commonly called the three brethren and so from thence along by a Meare which is as it hath beene an ancient drie ditch cast vp as it were or had beene a Meare Southward betwixt the seuerall Lords and owners of the lands in that place that is to say first Eastwardes betweene the Lord and owners of the same lands and the Manors and lands of Caunton Bestthrop and Westwarde vnto the manor of Kirksall and from thence downeward West vnto the parke pale of K. and by the same parke pale Northward by a certaine little riuer of water vnto certaine of the like landes and tenements of the said other manor of P. aforesaid and so Eastward vpward vnto the foresaid ancient Oke which said parcell of ground one R. W. and F. B. Gentlemen and one R. T. yeoman pretending to haue seuerall manors in C. aforesaid And hauing diuers deeds Charters euidences bonndaries terrars and muniments concerning the premisses of right belonging to your said Orator casually or by some sinister meanes come to their hands doe not onely claime the same to be parcell of their said seueral manors But also vnder pretence of their said pretended and vncertaine claime not onely some of them but also diuers other vnder the colour or permission of some of them hath not and caused to be cut downe the most part of the best trees growing vppon the said parcell of wood ground as in trueth all that was felled did grow there in a corner thereof towards the East part containing like 12. acres and that in absence of your said Orator then being and yet remaining a student in the Vniuersity of Cambridge that is to say a fellow of Gunuill and Caius Colledge and not soe contented but considering your saide Orators absence daily and continually both continue their former claime to the said ground within the meeres and boundes aforesaid and so doe cut downe and cause to be cut downe the residue of the wood there growing and so will very shortly leaue none there And also by colour and reason of the said permission they will shortly by such indirect meanes and practise winne and get the freehold and inheritance thereof to them as they haue in other the wasts common like grounds within the Manor of or in C. or at the least haue none able to testifie the contrarie whereas now in trueth there are diuers and sundry sufficient and ancient witnesses being very aged and some of them very impotent that can and will trauell so farre as they are able to trauell to testifie vpon their oathes the trueth of the premisses in manner and forme as before in effect is alleaged and more for the better proofe of your said Orators right in and to the said last recited premisses if cause and neede shall so require and that the said R. W. F. B. and R. T. vpon their answere vnto the matters in this bill of complaint will not confesse the trueth therein as it is most credibly to be presumed they will and the rather for that if they will denie the same they know in proceeding vpon their answeres to this bill all the whole trueth concerning the premisses must be examined by depositions of witnesses and their depositions if order presently be not taken of the same shall and may remaine of record in perpetuam rei memoriam to doe further therein as by this honorable Court shall be awarded wherefore the premisses tenderly considered and also the incertaintie whether the said R. W. F. B. and R. T. or any of them will confesse the whole trueth concerning the right and title of your foresaid Orator to the same And the wrong and damage by them and other by their meanes and consent to him done And if they should not the vncertainty whether that the foresaid ancient aged and impotent persons or any of them that now be liuing and can testifie the trueth concerning the same shall be liuing when the same shal come in triall at or by the course of the common lawes to whom the right of the freehold and inheritance thereof doth of right belong ouer and besides the impotency that they or most of them may haue at such time and times to trauel to witnesse testifie che trueth concerning the premisses with this that your said Orator doth not know the certaine date or dates of the said deeds charters euidences boundaries terrers miniments or wherein the same be contained whether in bagge or boxe sealed or locked or otherwise and so without remedy for the recouery of the same and redresse for the wrong aboue said at or by order of the common lawes of this Realme It may therefore c. A Bill against the executors or that the Testator did not deliuer specialties paid whereupon they threaten to sue the Plaintife IN most humble wise complaining sheweth to your good Lordship Sect. 106. your poore
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
replied vnto for diuers vntruths and imperfections therein conteined without that that the said M. one of the said defendants did honestly faithfully and truely behaue her selfe in the seruice of the said complainant as by the same defendants in their said aunsweres is vntruely alleaged for this saide complainant saith as he before by his saide Bill hath said that the said M. one of the saide defendantes did secretly deliuer to the saide A. the other defendant diuers parcels of the goods of the saide complainant that the said defendants most wrongfully detaine and withhold from him the said complainant against right and equitie and further the said complainant saith and will auerre and proue that the said A. one of the said defendants did giue her faithfull promise to satisfie and pay vnto the said complainant the vttermost value of euery losse or hinderance the said complainant should sustaine by the said M. as by his bill is most truly set forth declared without that that any other matter or thing in the said defendants answere contained materiall or effectuall to be replied vnto in and hereby not sufficiently replied vnto is true All which matters the said complainant is readie to auerre and proue as this honorable court shall award And praieth as he before by his said bill hath praied A Bill for entring into and detaining copihold lands sold by the defendant to the plaintifes grandfather which descended to the plaintife being an infant the said entrie being made by reason that the copy and court rolle of the said bargaine came to the defendants hands HVmbly complaining sheweth vnto your Lordship your daily Orator Sect. 117. F. H. of W. in the countie of Yorke gentleman that whereas about the xxiiii day of September in the third yeare of the raigne of the late King of famous memory Edward the sixt one Christopher Baxter late of F. in the said Countie husbandman was lawfully and rightfully seised in his demesne as of fee as a copiholder according to the custome of the Manor of the prebend of Laghton it the said Countie of and in one customarie messuage or tenement and one oxgange of land with thappurtenances in F. aforesaid and in another messuage or tenement and thirtie acres and a halfe of land with thappurtenances in F. aforesaid and he being thereof so seised about the time aforesaid for a certaine great summe of money to him paid by F. H. of W. aforesaid grandfather of your said Orator did surrender according to the custome of the said Manor the said customarie tenements and premisses with thappurtenances into the hands of the then Lords of the said Manor to the vse of the said F. H. the grandfather his heires for euer by force whereof the said F. H. the grandfather was thereof admitted tenant accordingly and was of the same as a copiholder lawfully seised in his demesne as of fee by and according to the custome of the said Manor and the rents issues and profits thereof arising and growing did likewise lawfully take conuert to his owne vse vy the space of diuers yeares and afterwards the said F. H. the grandfather being thereof so seised of the said tenements and premisses died thereof so seised about the second yeare of the raigne of the Queenes most excellent Maiestie that now is By and after whose death the said tenements and premisses discended and came and of right ought to discend and come vnto your said Orator being then of very young and tender yeares viz. about the age of sixe yeares as next cosin next heire vnto the said F. H. the grandfather that is to say sonn of T. H. sonne heire of the said F. H. the grandfather but now so it is if it may please your good L. that after the death of the said F. H. the grandfather all the copies of Court rols of the said manor and the very Court rols themselâ—â—â— concerning the premisses did by casuall meanes come vnto the handes custody possession of the said C. B. one T. G. of T. in the said county husbandman or to the hands of one of them which they or the one of them haue cancelled defaced intending thereby vtterly to disinherite your said Orator of the same tenements premisses by colour therof shortly after the death of the said F. H. the grandfather yâ— said C. B. old wrongfully abate and enter into the said tenements and premisses And euer since his said wrongfull entre that is to say by the space of xxiiii yeares or thereabouts hath wrongfully occupied the premisses or the most part therof and receiued and taken and conuerted to his owne vse the rents issues and profits of the said tenements premisses and will not by any meanes permit or suffer your said Orator to enter meddle or haue to do therewith And notwhithstanding that your said Orator not onely by himselfe but also by his friends hath in gentle and quiet manner diuerse times come vnto the said C. T. gently requiring theÌ„ to deliuer vnto him your said orator yâ— said copies of court rols to make reasonable recompence satisfaction vnto him your said Orator for the rents issues profits of the said tenements premisses so as is aforesaid by the said C. wrongfully receiued according to your said Orator his good right title therunto yet that to do they either of them haue euer hitherto refused denied yet do refuse and denie to doe the same against all right equity and good conscience and to the disinherison of your said orator of in the premisses to his great losse hinderance if speedy remedy be not by your good Lordship in this honorable court speedily prouided to preuent the same In tender consideration wherof and for so much as your said Orator not knowing the certain number dates or contents of the said copies and Court rols nor wherein they or any of them be conteined in bagge bore or chest locked sealed or open is therefore without all remedy by the due course of the common lawes of this Realme to recouer the same and for lacke thereof your said Orator is very like to lose the said tenements and premisses and for that also that the contents of the said bargaine and surrender of the said tenements and premisses so as is aforesaid made betweene the said F. H. grandfather and the said C. B. cannot now otherwise be proued then by answere of the said C. B. and T. B. made vpon their Dathes in this honorable Court all such persons as were witnesses of the same bargaine being now either dead or else vtterly vnknowen vnto your said Orator being so young as it is aforesaid at the time of the making of the same May it please your honorable Lordship to grant vnto your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed vnto the said C. and T. straightly commaunding them and either of them
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
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.
that your saide Oratrices poore husband should pay for the making of the writings For the payment whereof her said husband as then hauing no great store of mony was faine to giue him a gold Ring in pledge to pay the scribe for writing of the same All this notwithstanding most honourable Lord and that you said poore Oratrices husbande hath often and sundry times since by many waies meanes required the same writings cōcerning the said bargaine of the said c. he against all naturall loue and humanity nothing more coueting then the extreame destruction of her and her saide poore husband and well perceiuing how farre he is now vnable to helpe himselfe hath vtterly denyed to render the same and yet doth contrary to all conscience equity lawe or right In consideration whereof may it like your honourable Lordship of your accustomed pity to call the said c. before you together with the husband of your saide poore Oratrix and there to will him to deliuer the saide writings againe to her husband if it shall so seeme good vnto your honor or els to shewe sufficient matter why hee shoulde keepe the same And your said Oratrix with her poore husband and their poore children shall pray c. A bill of a title of Copyhold lands praying an Iniunction HVmbly complayning c. your daily Orator W. S. otherwise Sect. 139. named W. T. of L. cosin and heire of I. S. otherwise called I. T. while he lyued c. That whereas your said Orator at your Lordships last being at c. did exhibit vnto you a certaine bill of complaint mencioning therein that the foresaid I. S. otherwise called I. T. in his life time was seised of and in certaine Customarie lands tenements that is to say of and in c. holden by Copie of court Roll of the manor of c. at the wil of the Lord of the said manor according to the custome of the same manor of which one T. L. then was and yet is Lord And that the same I. S. so being seised of the premisses afterwards of like estate died thereof by protestation seised after whose death the said c. with the appurtenances and the right title vse possession and inheritance thereof discended and came and of verie right ought to discend and come vnto your said Orator as cosin next heire of the said I. S. that is to say as yongest sonne of I. yongest sonne and heire of the same I. S. according to the auncient custome of the saide manor And that your saide Orator had often and sundry times desired and prayed the said c. that with lawfull warning vnto the tenants of the said Lordship a Court might be holden at the saide manor by whose inquirie the title of your said Orator might be presented and found in the premisses according as both iustice right and good conscience do require Hawbeit most honorable Lord that notwithstanding for asmuch as the same c. hath kept the premisses in his owne handes these many yeares past and the profites and issues thereof comming hath by the same space to his owne proper vse receiued taken and yet doth your said poore Orator could neuer get the same c. to hold a Court there minding thereby vtter disheriting vnto your said poore Orator of and in the premisses Vntill such time as your saide must honorable Lordship moued with your accustomed loue to Iustice and pitie towards pouertie vouchsafed to graunt your benigne letters directed to the said c. willing him thereby with lawfull warning giuen vnto the tenants of the said Lordship to summon and keepe a Court at the saide manor for the triall of the right of your saide Orator in the premisses vpon the receipt of which letters the saide c. summoned and kept a Court at his said Manor of c. whereat vpon the open and plaine declaration of your said Orators title together with the examination of diuers witnesses brought in by your said Orator for the due proofe of the said title in the premisses And further vpō the shewing of such substanciall and anncient euidences maintayning the same the Homage therewith charged and sworne did present sind at the said c. before I. S. Steward of the same Court that the foresaid I. S. was possessor and held the premisses by Copie of court Roll according to the custome of the said manor And that also your said Orator was cosin and heire to the said I. S. according to the custome of the manor that is to say sonne of I. yonger sonne of c. as by the Copie of the same court Rols ready to be shewed more plainly may appeare vnto your good Lordship After which presentment at the same Court it was agreed betwixt the said Steward in the name of the said c. and your said Orator that if the said c. would not declare and show vnto your said Orator or to his learned Counsell at London within one Terme then next insuing a better title and interest to the foresaid premisses then your said Orator had then and there already proued that then your saide Orator should haue and inioy the premisses to him and to his heires according to right equitie and good conscience and according to the custome of the said manor But so it is most ho. Lord that although the said c. as he cannot so hath he not by the said space prooued any maner of title or colour of title to the premisses but onely with such and like fraudulent delayes he intendeth to weary your said Orator from the obtaining of the premisses and if he can disherite him from the same Wherefore may it c. of your accustomable goodnes alwayes to pouertie extended to graunt vnto your said Orator the Q. most gracious writ of Subpena to be directed to the said c. commaunding him by the same not onely to appeare personally before your good Lordship in the high Court of Chauncery at a certaine day and vnder a certaine paine by your good Lordship therein to be limitted but also to permit and suffer your said Orator peaceably to haue hold occupie possesse and inioy the premisses aforesaid and the profits and issues of the same vntill such time as the same c. hath duely approued better Title to the premisses then he hath heretofore done And your said poore Orator shall c. A bill of complaint for Debt without especialtie IN most humble wise sheweth and complayneth vnto your good Sect ' 140. Lordship your daily Orator and poore bedeman I. G. of H. in the countie of D. That where the said I. G. by way of prest at the feast of Pentecost in the xxxiiii yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is did deliuer vnto one W. L. late of H. in the said countie of D. the summe of xviii pound of lawfull money of England to be paied vnto him
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
by the course of the common lawes of this realme make any Auowrie for either the yearely farmes nor yet for the rents seruices due vpon for the foresaid freehold or copiehold lands holden of the said seuerall mannors as aforesaid nor yet for any other dutie or seruice due for the same nor can shewe forth the certentie of the lands that the said tenants do seuerally hold May it therefore please your ho. Lordship that some good order may be by your Lordship set downe whereby the foresaid seuerall Farmors tenants occupiers of the said seuerall mannors all the other parties before mentioned may be inforced to set downe vpoÌ„ their othes as also bring forth their seueral Indentures of Leases whereby your Orator may know the seuerall dates of theÌ„ as also what lands they hold by the same by what yerely rents fermes And the the tenants of the said seueral mannors may likewise be inforced vpon their oathes to set downe what lands they hold of the said seuerall mannors either freely or by copy of courtrowle by what rents fines duties seruices As also the foresaid Eo Lord Mo. c. hauing the custodie of any the rentalls Courtrowles bookes of suruey feild bookes or terrors concerning thaforesaid seuerall mannors or any of them may likewise be inforced to shew them forth to your Oratour to the intent your Orator may vnderstand what lands tenements or hereditameÌ„ts are holden of the said seueral mannors or of any of them by what rents duties or seruices the said lands tenements or hereditaments are holden by whereby your Orator may according to equitie good conscience reape receiue recouer haue take the yerely reuenews issues and profits of the foresaid seuerall mannors euery of them as in lawe and right belongeth vnto him as he ought to do vntill your said Orator be satisâ—â—ed of the summe conteined in his foresaid statute staple knowledged vnto him as aforesaid w e his reasonable costs damages herein susteined to th end that al these points may be performed accordingly May it further please your good Lordship to get to your said Oratour the Qu. Ma. most gratious writs of Subpena to be directed to the foresaid Ed. Lord Mo. Baron of R. c. Commaunding them euery of theÌ„ thereby at a certaine day vnder a certaine paine personally to apeare before your good Lordship in the said ho. Court of Chancerie then and there to answere to the premisses to abide such further order direction herein as to your Ho. shal seeme good to stand with right equitie and good conscience And your said Orator shall according to his most bounden dutie euer pray for the increase and continuance of your good Lordship in health and all honour long to endure The ioint and seuerall aunsweres of T. M. H. B. c. Defendants to the bill of complaint of I. L. Complaynant THe said defendants and euery of them sauing to them and euery of Sect ' 150. them thaduantage of excepcion to the incertaintie insufficiencie of the said bill of complaint say And first the said T. More for himselfe saith That he the said T. Moore doth hath by the space of 2. yeares last past or thereabouts exercised the Office of Baylife of the mannors of H. A. and B. in the saide Bill mentioned whereof this defendant supposeth T. Lo. Esquier to be seased of some estate of inheritance and hath in his hands some rentalls of the saide mannors which this defendant thinketh he ought not to impart to the said complaynant neyther ought the said complaynant to haue the issues rents and profits of the said mannors as this defendant thinketh for that as this defendaÌ„t hath credibly heard verily beleeueth it to be true the said Ed. Lo. M. in the said bill mentioned the day of the date of the said recognizance in the said bill mentioned or at any time since was neuer seazed in his demeasne as of fee simple fee tayle or freehold of and in the said mannors of H. A. and B. or any part or parcell thereof as in the said Bill is vntrulie alledged But one T. H. was then seazed thereof who since hath conueyed the same to the said Th. Lo. as this defendant hath heard By reason whereof the said Tho. Lo. ought in this defend opinion to haue the rents issues profits thereof notwithstanding the said execution without that this defend is farmor customarie or free tenant of any part or parcell of the said mannors or other the premisses in the said bill mentioned other then of parcell of the demesnes of the said mannor of H. which this defend holdeth by lease for certain yeares yet to come rendring yerely 5. l and of the Faires of H. the profits thereof which he holdeth for diuers yeares yet to come rendring yearely 26. sÌ„ 8. d and of the sixth part of the Warren of H. which he houldeth for diuers yeares yet enduring rendring 12. shillings by yeare or thereabouts And of diuers Freeholds houlden of the mannor of H. by the rents of 20. sÌ„ or thereabouts And without that that this defendant hath in his hands any Court Rolles Rentalls or Leases concerning the premisses in the said Bill mencioned other then in this aunswere before is mencioned as in the saide Bill is vntrulie alledged And without that that this defendant hath vnlawfully confederated with any the persons in the said Bill mencioned to defeat the saide complaynant of his lawfull execucion and estate in the premisses in the said bill mencioned as in the said Bill of complaint is also vntrulie alledged And the saide Henry Blake for himselfe saith that hee hath exercised the office of steward of the said mannors of H. and B. in the said Bill mencioned and of the mannors of H. in the said Bill likewise mencioned lawfully constituted thereunto as this defendant thinketh by the said T. Lo. being seazed of some estate of inheritance of the said mannors as this defendant supposeth and that the Court Rowles and euidences concerning the saide mannors are kept in the house of the saide T. Lo. at E. in the Countie of Norffolke and are not at this defendants disposition to yeeld vp or impart to the said complaynant otherwise then as the saide T. Lo. shall appoint whereof this defendant humblie prayeth this honorable Court to haue consideration without that that this defendant in Farmor or Customarie or free tenant of any part or parcell of the said mannors or other the premisses in the saide Bill mencioned or hath in his hands any Court rowles Rentals or Leases concerning the premisses in the said Bill mencioned other then as in his aunswere before is mencioned as in the saide Bill of complaint is vntrulie surmised And without that that this defendant hath vnlawfullie confederated with any person or persons in the said Bill mencioned to defeat the said complainant of his lawfull execucion and estate
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
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.
beene sundry times thereunto gently required but by practize and confederacie with other their complices aduersaries of your sayde Orators goe about to impeach hinder and ouerthrow your Orators good and lawfull estate in and to the premisses contrarie to all right equitie and good conscience and to the manifest and expresse wrong and iniurie of your said Orators In consideration whereof and for that your Orators knowe not the certeine dates number nor contents of the said Euidences and writings nor wherein the same are conteyned whether in bag or boxe sealed or vnsealed chest or cofer locked or vnlocked and so consequently without apt remedie at the common lawe for the recouerie thereof or to compell the saide Robert Williams Barbara his wife and the Executors or Administrators of the said Eliz. Mosier or any of them to make vnto your Orators further assurance of the premisses or to keepe or defend their lawfull title thereunto May it therefore please your good Lordship to graunt vnto your Orators her Maiesties most gratious writ of Subpena with a Duces tecum to be directed to the said Robert Williams and Bersaba alias Barbara his wife commaunding them and either of them thereby at a certeine day and vnder a certeine paine by your Lordship to be limited to be and personallie to appeare before your Lordship in her Maiesties most high Court of Chauncerie and to bring with them the said originall Indenture of lease the said deede of gift and all other the meane assignements thereof Then and there aswell to auNswere to the premisses as also to stand to and abide such further order and direction therein as to your Lordship shal be thought to stand with equitie and good conscience And your saide Orators according to their bounden dutie shall pray to God for your Lordships long life with increase of much honour The ioint and seuerall aunsweres of R. W. and Bersaba his wife defendants to the bill of complaint of I. L. and N. M. complaynants THe said defendants by protestation not confessing the said B. to be Sect. 175. lawfully seised in his demesne as of fee of and in the said house or tenement called the signe of the Lambe with the shops sellers sollars and other their appurtenances Neither that the saide Brincton did graunt it to the saide W. L. for certeine yeares vpon a ceerteine rent in maner as the said plaintifes haue alledged neither that the said L. was thereof possessed accordinglie and so being possessed did bargaine sell and conuey the said Indenture and all his title and terme vnto the said T. H. and his Assignees or that the said H. was thereof possessed accordinglie or that after his decease the administration of all the goods and chattels were committed to Ioane his wife or that she was possessed thereof by vertue of the said administration or after tooke to husband the saide Pinchbecke But the saide defendants for aunswere say that they haue heard that the saide Pinchbecke was possessed of the saide house called the Lambe but whether the saide Pinchbecke conueyed his estate to the said Mosier or that the said Mosier was possessed thereof or by his deede of gift did assure the premisses vnto the saide B. she knoweth not but saith that about 26. yeares sithence the said Mosier did giue all his goods and Chattels to the said B. and the said Bersaba one of the said defendāts but she knoweth not whether the said B. was possessed of the said house or died thereof possessed And the said Bersaba saith that the said B. apointed her his Executrix of his last will but knoweth not whether the premisses came to her by suruiuorship or executorship or any other wayes or whether she was possessed thereof by those or any other meanes And the saide defendants further say that it is more then they do certainelie knowe whether they or either of them were thereof in right possessed and the saide Robert Williams saith that whether he assigned or set our his Interest or the Lease thereof in the said house and premisses vnto the said Smith he knoweth not but to his remembrance he sealed and deliuered an obligation as he taketh it to the saide Smith but vpon what condition he knoweth not being three yeares past and he altogether vnlearned without that that the said Smith gaue the said Robert Williams for his interest of the saide house any money to his remembrance neither do the saide defendants know whether the said Smith did bargaine sell assigne or set ouer all his estate in to the premisses and the Indenture with other writings vnto the said complainants Or that the said cōplainants did enter accordingly or were possessed thereof or tooke the profits thereof as it is alledged without that that the originall Indenture of lease or y◠meane conueyances or assignements thereof are come to the possession of the said defendants But the said Bersaba saith that the said deede of gift made by the said William Moysier was in her possession about 3. yeres now past but what is become of it since she knoweth not And without that that the saide defendants haue by coulour thereof vnlawfully entred into the possession of the premisses or disposessed the said complainants in such maner and forme as in and by their said bill of complaint is alledged And without that c. A bill containing that the plaintife is seazed in fee of the mannor of O. and that one of the defendants is also seased of the mannor of C. in fee holden of the plaintifes manor by homage fealtie escuage and rent and that the same defendant hath assured parcell of his said mannor to the other of the said defendants in fee and that the same is holden of his said mannor by the same seruices and part of the rent and that diuers Euidences c. are come to the hands of the defendants and that the defendants intend to disherit the plaintife of the rent and seruices and that they refuse to pay the plaintife the rent or to do him the seruices and so prayeth a Subpena against the two defendants To the right honourable and reuerend Father in God Stephen Bishop of Winchester and L. Chauncellor of England SHeweth complaineth vnto your good Lo. your dayly Orator Sir Sect. 176. T. H. Knight that where your said Orator is lawfully seised in his demesne as of fee of in the manor of D. in the County of C. of which manor diuers persons being tenants and freeholders do hold by suit of Court and other seruices And where also one Io. W. of C. in the said County of C. Esquier is also seazed in his demesne as of fee of in the Manor Lordship of C. in y◠said County of C. and of in diuers lands tenements in C. in the said County of C. and so being thereof seazed the same doth hold of your said Orator as of his said manor of D. by homage fealty escuage vi
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.
in 3. partes deuided of 8. acres of land c. 35 Of a personage impropriate 36 Of a mannor of rent and free foldage for sheepe 37 A writte of Couenant of diuers seuerall things 37 A writ of couenant of Tithes 38 A writ oâ— couenant of the Scite of a Monastery 39 A writ of couenant of diuers things 40 A writ of couenant of Dismes and Tithes 41 A writ of couenant of a personage c. 42 A Releas by fine of one to two 43 A fine vpon cognizaunce de droit by the husband and wife to two 44 by Baron and feme and an other 45 Of a parcell in reuersion by a copercener 46. Of a mannor to an Archbushop and an other 47 A concord from 2. to 1. with special warrantie 48 Vpon cognizaÌ„ce of right as that c. with releas and warrantie by c. 49 A concord of many things together sur cognizance de droit come ceo c. 50 A fine of a rent 51 Of the third part of a rent 52 A praecipe with an exceptioÌ„ of some parcels 53 A writ of couenant brought by 3. against 3 of a mannor c. 54 A concord with a â—ender for life the remÌ„ to the 1. 2. c. sons of the cognisor 55 A fine of homage rent and seruices 56 Of a mannor knights fees seruices 57 An old fine in fraÌ„â—kalmoâ—gne before Iustices in Eâ—re 58 A fine of lands in the countie Palantine of Lancaster 59 A lease for yeares reseruing a rent by graunt 60 A lease for yeares rendring rent with a render and a distresse 61 A lease for yeeres sauing the reuercion 62 A lease by tenant for life for 21. yeares if she liue so long 63 A lease for 21. yeeres c reseruing a rent the cognisees grauÌ„t back the samâ— reuersion and rent 64 A fine of a remÌ„ for yeeres reseruing rent c. 65 A lease in reuercion paying a rent 66 A lease to diuers for yeeres if the parties liue so long reseruing a rent and c. 67 A lease reseruing rent with a nomine penae and a distrâ—sse 68 A fine with graunt and render for life without impeachment of wast and for c. 69 A render for life with diuers remainders ouer 70 A lease for life with remÌ„ ouer 71 A fine of landes bought by the husband which are regraunted by him to the Cognizors for his wifes life 72 A concord of diuers tenements rents Rectory and aduowson with the moity of a mill 73 A Fine of a fourth part to two 74 Of landes parte in posâ—ession and parte in Reuercion of a third part for c. 75 Graunt and render of a reuercion of a moytie 76 A render to the Cognisor for one weeke remainder to a straunger for life remainder to his wife for life vpon condicion with diuers remainders ouer 77 A fine of two reuersions 78 To the cognisee and his wife in speciall tayle with warrantie in tayle 79 A grant with a reÌ„der back againe for life with remainder in tayle diuiding the landes 80 A Fine to entayle lands to the heires of one deceased 81 A graunt to the Cognizee ' for lyfe of the tenant for lyfe with waâ—â— antie a render to the Cognisor for his wiues life to conuey her title to her husbaÌ„d 82 A Fine of a moytie of diuers thinges in possession and of a reuercion in fee. 83 A graunt of lands to two who render to the Conusor in taile the remainder to the Queene and her Successors 84 A graunt of landes in tayle to be holden of the grauntor in Socage 85 A graunt of landes in tayle to be holden of the grauntor by suite of Court and vâ— s. rent 86 A Fine sur releas of knights seruice â—astle garde and murage vpon a writ of customes and seruices 87 Of a mannor in possession and other laÌ„ds in reuereion 88 Of lands part in possession and part in reuercion with a render againe to the conusor and there heires 89 For a reuercion of a rent 90 A concorde of a reuercion for a rent 91 Of rent seruice 92 The husbande and wife sell the wiues iointure absolutely to him in reuercion 93 Tenant for lyfe maketh a lease reseruing a rent during her life 24 A Fine of a Reuercion 95 A Fine of a rent graunted for life with a clause of distresse for the same 96 Of seuerall rents graunted out of a mannor 97 Of a rent with a nomine penae 98 A Fine in fee farme yeelding a rent with a distresse 99 A Fine in fee farme rendring rent suit of court herriot after decease recease and alâ—enacion 100 A Fine in fee farme rendring a rent with a nomine penae 101 By the husband and wife to the husband and wife with render 102 A writte of Couenant for the Queene 103 ✿ A Fine of diuers things with warrantie against all men 104 ✿ A Fine with generall warrantie with a regraunt and render of the premisses by the conusees to the conusors 105 ✿ A Fine with generall warrantie from the conusors of two partes in 3. partes deuided of dâ—uers seueral parcels 106 ✿ A Fine with generall waâ—rantie with graunt and render by the conusees to one of the conusors of parcell of the premiss with diuers remÌ„ ouer of other parcels reseruing a reÌ„t with a clause of distresâ—e for non payment 107 ✿ A fine with warrantie with graunt and render of all mines of coales with libertie to digge 108 ✿ Of the 3. part of seueral things with generall warrantie for life rendring rent with a clause of distres with a grant render of the reuercion in fee. 109 ✿ Of a maÌ„nor with a regrant of xij li. out of the same mannor and afterwards of the whole mannor in fee. 110 ✿ Of diuers things with warraÌ„tie against the conusor and his wife and the heirs of the husband 111 ✿ A Fine with two seuerall warranties 112 ✿ A Fine of diuers thinges with generall warrantie 113 ✿ With generall warrantie in generall taile and for default of heire male to diuers others of the name and kindred of the conusor 114 ✿ A Fine knowledged before the Iustices of Chester of diuers things with warrantie 115 ✿ By an Earle his wife of diuers things 116 ✿ With graunt and render to the wife of one of the conusors for yeeres reÌ„dring rent with a clause of distres with a grâ—t afterwards of the reuercion in fee. 117 ✿ By 2. to 1. with generall warrantie 118 ✿ Of diuers thinges with seuerall warrÌ„ 119 ✿ A Fine to 2. of diuers things with warrÌ„ 120 ✿ By 2. husbands and their wiues with seuerall warrÌ„ 121 ✿ By the husband and the wife of diuers things with warrantie 122 ✿ Of a rent issuing out of diuers mannors 123 ✿ A fine with grant and render for yeâ—res to beginne at a time to come reseruing a rent with a graunt of the reuercion to c. 124 ✿ A Fine of