hath the deed shall be compelled here to shew it for the defence of the others Title 9. E. 4.41 A. made a Deed of Feoffment to his own use to B. but gave no livery of seizin A. dyeth C. his heire bringeth a Subpoena against B. but by Morton Master of the Rolls C. was denyed help here because B. had nothing in the Land and if he abate there is remedy at the common Law against him 18. E. 4.13 Where certainty wanteth the common Law faileth but yet help is to be found in Chancery for it for if the Queen grant to me the goods of A. that is attainted of Felony and I know not the certainty of them yet shall I compell any man to whose possession any of them be come to make Inventory of them here 36. H. 6.26 Cur. It is most usuall in Chancery to demand evidence concerning the complainants Lands to which he maketh Title which are not in Châ—sts Baggs or Boxes and whereof he knoweth not the Date c. And in that Case the Defendant made Title to the Lands and justified the detaining of the evidences for maintenance of his right whereupon it was ordered that the complainant should bring an action for the Land at the common Law to which the Defendant should plead in chiefe and that he for whom the verdict should passe should also have his possession stalled here 28. Eliz. If a man have cause to demand land by action and knoweth not the Tenant of the land by reason of the making of secret Estates it hath been lately used to draw them in by oath to confesse the Tenant but it is now doubted A Tenant in common of a Manor for long time occupyed wholly by the other Tenant in common which knoweth not the quantity of the Mannor by reason the other hath also sold Lands intermingled had the sight of the Court Rolls and Writings of his companion concerning onely the quantity of the Mannor but not concerning the sold Lands nor his Title to the Mannor and the other was ordered also to shew the like on his part Capell and Mym 1599. The Chancery also giveth help for perfecting of things well meant and upon good consideration As if in a Feoffment of Lands for money the word Heires be omitted in the deed Audeley Chancellor 9. H. 8. said that he would supply it A man bought debts due upon Obligations and gave his own Obligation for the money to be paid for them and because he had not quod pro quo but onely things in action and the seller would not use action upon them for the benefit of the Vendee It was ordered here by the assent of the Judges thereto called that the Vendor should bring in the Obligation to be cancelled 37. H. 6.14 But if a man pay money upon an Obligation or a Statute that is single the Obligee or Counsee shall not be called hither to cancell it though the other had no acquittance upon the payment made 22. E. 4. b. les Justices and Doctor and Student 23. who said that a man shall have no ayde here to supply his folly As if he pay a debt upon a single Obligation or Statute without taking acquittance But Robert Stillington Episcopus Bathoum said that deus est proâ—urator futurus I thinke if money be paid upon a redemption of a morgage by Indenture without taking an acquittance the morgage shall bring in the Indenture to be cancelled here So if a man sell lands in two Counties for money and maketh livery in the one onely he shall be compelled in conscience to perfect the assurance by another livery Doctor and Student 37. for the contract faileth onely in a circumstance or ceremony A lease is made of a House and Woods wherein it is covenanted thâ—t the Leassee shall have Housboot and Fireboot By this it is implyed and meant that he shall not have any of the Woods to any other purpose but that they belong to the Lessor and it is usuall to help him in the Chancery to them leaving sufficient for these boots A Messuage was demised cum pertinentiis onely but for that sundry Lands had been occupyed therewith for the same rent and by the same words the Lord Chancellor Bromley by advice of the Judges ordered those Lands should now passe also yet in Law they do not passe as some Justices hold The Lord North demised a Mannor excepting the Court Baron and perquisites c. the exception was found void in Law and the Tenant Lady Dacres would not make suite to the Court kept by the Lord North But the Lord Keeper Puckering assisted with some Judges decreed her to make suite for that it was plainly so intended A man made a gift of his goods of intent to defraud his creditors and yet continued the possession of them and took sanctuary and dyed there now his Executors having the goods were charged towards the Creditors 16. E. 4.9 So if a Lessee for years demiseth parcell of the Terme to another and covenously forfeiteth his whole Lease for any condition broken and taketh the Land back in Lease againe his Lessee shall find help in Chancery Crompton 64.65 And Stillington the Chancellor 8. E. 4.4 was of opinion that pro laesione fidei or breach of promise a man was at liberty to sue either in the spirituall Court Canonicae Injuria or else in the Chancery for the damage accrewed by the breach A man had Lands of ancient deâ—neasne in extent for debt and they were recovered from him by the sufferance of the Vouchee whereby he was ousted in this Case he shall be holpen here Morton Chancellor per Assent Bryan and Hussey Justices 7. H. 7.11 If one that is bound with another for the debt of the other payeth it at the day for fear of Arrest now if he sue his counter-bond which he hath to save him harmelesse non est damnificatus is a good Plea at the common Law against it but yet the Chancery will give order for his repayment Mich. 31.32 Eliz. And whereas such a surety paid the debt and sued the principal upon his Obligation to save him harmlesse the principall brought a Subpoena and alleadging that he having delivered goods into the hands of the surety to save him harmlesse prayed an Injunction to stay his suite but because the surety made another title to the goods the Court would not stay the suit for him 16. E. 4.9 Where Deeds and Mynuments do concern as well the defence of the Tenant for life his Title who also possesseth the Deeds as the right of another in reversion or remainder it is usuall to have them brought into this Court for the avoyding all perils and the indifferent custody of them Dixies and Hillary 40. Eliz. A Lease is made for life the remainder for life the remainder over in Fee the first
to our understanding by the cause of errour and attaint in the same Statute what Jurisdiction it was that the Statute meant to restraine viz. such Jurisdiction as did assume to reverse and undoe the Judgement as error or attaint doth which the Chancery never doth but leaves the Judgement in peace and onely meddles with the corrupt conscience of the party for if the Chancery should assume to reverse the Judgement in the point adjudged it is void as appeareth 39. E. 3. f. 14. 5. We find no presidents of any proâ—ceeding to conviction or Judgement upon any indictment framed or grounded upon this Statute no more then upon the Statute of Praemunire and the â—ate Indictments are contra diversa Statuta not mentioning the particular Statutes 6. Lastly it was a great mischiefe to force the Subject in al cases to seek remedy in equity before he knew whither the Law will help him or no which oftentimes he cannot do till after judgement and therefore he is to seek his salve properly when he hath his hurt There be divers other things of weight which we have seene and considered of whereupon we have grounded our opinion but we goe no further upon that we have seene But because matters of presidents is greatly considerable in this case and that we have been attended by the Clerks of the Chancery with the presidents of that Court and have not been yet attended by any officer of the Kings Bench with any president of judgements if it shall please your Majesty faithfull report of them as we have done of the other all which c. Francis Bacon Hen. Mountague Randall Crew Hen. Yelverton Iohn Walter Now forasmuch as Mercy and Justice be the true supports of your Royall Throne and that it properly belongeth to us in our Princely office to take care and provide that our Subjects have equall and indifferent Justice ministred to them and that where their case deserveth to be relieved in course of equity by suit in our Court of Chancery they should not be abandoned and exposed to perish under the Rigor and extremity of our Lawes we in our Princely judgement having well weighed and with mature deliberation considered of the said severall reports of our learned Councell and of all the parts of them doe approve ratifie and confirme as well the practise of our court of Chancery expressed in the first Certificate as their opinions for the Law upon the Statutes mentioned in their latter Certificate the same having relation to the case sent them by our said Chancellor and doe will and command that our Chancellor or Keeper of the Great Seale for the time being shall not hereafter desist unto our Subjects upon their severall complaints now or hereafter to be made such reliefe in equity notwithstanding any former proceedings at the common Law against them as shall stand with true merits and Justice of their cases and with the former ancient and continued practise and proceeding of our Chancery and for that it appertaineth to our Princely care and office onely to Judge over all our Iudges and to discerne and determine such differences as at any time may or shall arise between our severall courts touching the jurisdictions and the same to settle and decide as we in our Princely wisdome shall find to stand most with our Honor and the example of our Royall Progenitors in the best times and the generall weale and good of our people for which we are to answer unto God who hath placed us over them Our will and pleasure is that our whole proceedings herein by the decrees formerly set down be inrolled in our court of Chancery there to remaine of record for the better extinguishing of the like questions or differences that may arrise in future times Per ipsum Regem Fran. Bacon Hen. Yelverton Decimo octavo Iulii Anno 14. R. Regis c. FINIS Payment after the day upon bonds holpen Condition to undoe estates in Lands Giving day to one it shall help the other Payment without acquittance Lessees damages in waste moderated by the death of the Lessor The greater part of the debt paid and the rest offered relieved in Chancery Purchasor of parcell of land not snbject to the whole rent charge Suing in a wrong County Copyholders Not to examine any Judgement given at the common Law Dyer â—01 and 301. Atturnement Atturnement denyed but in some Cases Fineâ— Recoveries c. Mulier and Bastard Warranty Extentâ— Lawes Nudum pactum Wager of Law No seizin of a reâ—t seck Possessio so oris in Copâ—yhold Copyhold Possession of the Mother for the hâ—r Collaterall Copyhold devise Copyhold forfeited for cutting of Trees during minority Tenant right Fines for alienation of the Tenant but not of the Lord Payment of Creditors out of a Copyhold forfeited by Morgage Lease paroll Marriage poâ—tion recovered at common Law and reversed in the Exchequer holpen in Chancery Perpetuities Lease for 1000 yeares Statute lands bought with Money lent prâ—oâ—ity â—ans Covyn Bailement sans consideration countermanded Voide limitation de Lease in vol. Cook lib. 8.95 Ravishment de gâ—rd Survivor in Joynt Tenaâ—cy de Lease Feoffees to use Notice of the use If my Feoffee dye I have no remedy against his Heir The Feoffee shall doe Acts for the Feoffors good They may grant Offices but not annuities Fees to councell Money given to buy Lands The Feoffee shall retain the Land to his own use fur-attain der de felony Intent specified in a Feoffment to use Uses of gavell kinde at the common Law 26. H. 8. Dy. 6. Cesti que use de tearme de ans. Jurament delatum a parte AEquitas sequitur legem Things left to the conscience of the party Help in Chancery against Executors Surety The surety chargeable To help the surety No other reliefe for the surety then for the principall Purchasor Fraud upon fraud Feoffee punishable for making Estate at the wives request during the Coverture No reliefe against his own deed Release of joint Feoffee Subpoena gainst one appointed by will to sell To discharge himselfe of a bond is permitted in equity Forced to sue an Obligation Executor shall not release a bond without his Co-partner Executors shall not answer without his Copartners Copartners to joyne in Plea or presentment One deed by which two claime severally Where remedy at common Law no help here Goods of Felons granted which are difficult to prove Bringing evidence into Court Justifying detaining of evidences Tenants of the Land uncertaine Tenants in common to know the certainty Supply of true meanning in Feoffments To bring in an obligation to be cancelled Money paid upon Obligation single or single Statute not compelled here to cancell it Yet upon a morgage he shall be compelled to bring in the indenture to be cancelled here Lands sold in two counties and livery made onely in one Leassor to have the woods leaving sufficient booteâ— Messuage cum pertin. carries the land used with it Mannor demised
Subpoena 93 Defend wife examined as a witnesse 94 Deeds neglected to be inrolled Sub. to shew cause why not 97 Decree for the plaintant and yet put out of possession by the defendant 104 Defend departing without license an attach. against him 104 Def. discharged of the Attach the Sub. being counterfeit 104 Defendant licensed to depart after answer in a Writ of the priviledge 106 Defend committed for a rescue brought his action for a false returne 92.106 Demurrer without shewing any cause ordered to answer 107 Debt for 5 l dismissed 108 Dismission for that they have bin in possession 100. years 110 Day given to defend to rejoyne 111 Def. not to answer till a counsellors hand be to the Bill 112 Dismissed the lands being under 40 s. per annum 112 Demurrer generally ordered to answer 113 Defend charged upon account shall not answer upon promise shall 113 114. E. EXtents Law no reliefe in Chancery 5 Equitas sequitur legem 11 Executor not to release without his copartners 15 Executor not to answer without his copartners 15 Executors how upon trust 21 Executors husband ordered to pay debts 24 Entring decrees and dismissions 34 F. FInes recoveries c. the Lord Chancellor will not question 4 Feoffees to use 10 Feoffee dying no remedy against his heire 10 Feoffee shall doe acts for the feoffors good 10 Fraud in goods 18 Feoffee to retain the Land to his own use 11 Fraud upon fraud 13 Feoffee punishable for makeing estate 13 Forced to sue an obligation 15 Fines fraudulent 20 Fines of Copyholds 27 Fraud by making a Lease after a feoffment and before livery and seizin 82 Feme sole sueth out a Subpoena and the same day is married dismissed with costs 98 Feme covert whose husband is in the Gallies must answer matter of equity 100 101 Feb. 20. Dyed Sir Nicholas Bacon 12. April Sir Thomas Bromely had the seale delivered 108 Feme covert sueth for maintenance 87 G. GIving day to one it shall help the other 1 Greater part of debt paid and the rest offered reliefe here 2 Goods of felons difficult to prove a Subpoena 15 Grand lease forfeited by coven reliefe for it 18 Generall customes reduced to certainty 21 Grantee distraines one ordered to sue the rest 23 H. HElp against executors 12 Heire of purchasor to pay money behind 25 Husband appears and demurrs the wife not Attachment 39 Husband appears the wife not Attach against them both 65 Habeas corpus to the warden of the Fleet to have the defend in Court to be charged with a debt 71 Heire sued to make a lease for which his elder brother took a fine or to repay the same 77 I. JUdgement not to be examined here 3 Iuramentum delatum a partâ— 11 Intent specified in a feoffment 11 Justifying the detaining of evidences 16 Joyntenants one taking the profits 21 Judges called into the Exchequer Chamber about a lease 32 Injunction to deliver goods 34.61 Injunction to stay proceedings at Law 36 Injunction for possession as at the time of the Bill 36 Jurisdiction of Wales rejected 36 Injunction to stay suite according to promise 37 Injunction with a clause si ita sit 37 Injunction for not appearing and to stay suits 40 Injunction to discharge execution 41 Injunction for possession 45 Injunction for possession as at the Bill 3 yeeres before 47 Injunction upon Certificate of Justices of Assize 49 Injunction dissolved if cause be not shewed 49 Injunction because the defendant began first in Chancery 50 Injunction for Corne sowed upon a Lease paroll 51 Jurisdiction of Oxford rejected 55 Jurisdiction of Lancaster alloweds 56 Injunction disobeyed an Attachment 58 Jurisdiction of Chester allowed 59 Jurisdiction of Oxford allowed 65 Jurisdiction of the Exchequer rejected 67.68 Injunction against the spirituall court 73 Jurisdiction of Oxford allowed 73 Jurisdiction of Wales allowed 74 Injunction to stay Judgement in an action of waste 76 Injunction to stay suits because the Queene was not paid her fine 77 Jurisdiction of Chester allowed 82 Jurisdiction of Wales allowed 84 Injunction for defrauding the Queene of her fine 85 Jurisdiction of the Mannor of Woodstock overruled 85 Jurisdiction of Wales overuled 89 Jurisdiction of Wales admitted 92 Jurisdiction of the North allowed 95 Jurisdiction of the Exchequer disallowed 96 Jurisdiction of the Dutchy of Lancaster allowed 97 Jurisdiction of Wales not allowed for a promise 99 Injunction left at the defendants house and disobeyed an Attachment 101 Jurisdiction of Wales allowed 102 Injunction to stay suit at common Law 105 Jurisdiction of Chester allowed 109 Injunction to stay suit at common Law 112 Injunction to stay suit of Quo Minus in Exchequer 113 Injunction to stay suits at common Law 113 L. LEases dammages in waste moderated 2 Lease in paroll no help in Chancery 7 Lease for 1000 yeares no help 8 Lands sold in two Counties livery made in one 17 Leassor to have the woods excepting fireboot c. 17 Leases devised to his wife to come to his sonne 22 Leases conveyed in trust to pay debts 25 Lease paroll no help 27 Lands intended for a Schoole otherwise given by will 28 Leases of corporations their names mistaken 31 Leases holpen against Patentees 32 Leassee of a Copyholder punishable in waste though the Copyholder himselfe be not 63 Lord Chancellors Letters to a Noble man that had broken a decree to performe the same 73 Leassee not named in the premises decreed 86 Liberty for a common Fishing 104 M. MUlier and Bastard 4 Marriage portion recovered and reversed holpen 8 Money given to buy Lands 10 Money paid upon a single Obligation 17 Messuage cum pertin. carries the Land used with it 18 Mannor demised except court Baron 18 Mulier and Bastard Joyn 20 Misdemeanor in Courts reformed 30 Man and wife plaintants she dyes no Bill of revivor but he must answer 62 Money paid for a reversion which could not be enjoyed ordered to repay it 93 N. NVdum pactum no help here 5 No reliefe against his own deed 14 No seizin of rent-seck no help here 5 No reliefe against a voluntary act 21 No help touching power to make Leases 29 No witnesses to be examined till the defendants have put in their answer 93 No costs upon a disclaimer 109 New Commission to examine witnesses not appearing at a former Commission 111 Not to extend one mans Land onely where many are subject 111 New Commission to the defendant and publication staid 112 O. ONe Deed by which two claime 15 Oath for serving a Subpoena before witnesses examined in perpetuall memory 34 Order for evidences 43 One Executor sueth the other to put in sureties to perform the Will 79 One Executor gets the estate and dyeth the other sueth his Executor 86 One Subpoena against two defendants and two Bills put in ordered to answer both 87 P. PAyment after the day holpen upon bonds 1 Payment without acquittance 2 Purchasor of parcell not subject to the whole rent charge 2
Possession sororis for the heire collaterall 5 Possession of the Mother for the Heire collater 6 Payment of creditors out of a Coppyhold 7 Perpetuities no help 8 Purchasor better then a surety in case of reliefe 13 Power to make Leases 21 Payment by the surety 19 Possession bound by decree 23 Plaintant mistaking his Title in his Bill 24 Proceeding where there is no proofe 25 Publication of witnesses in perpetuall memory a yeare past 33 Publication of witnesses to be used in a Court Baron 35 plaintant in execution at the suit of the King delivered by supersedeas 39 Plaint bringing 223 l. in Court execution to stay for the rest 47 Plaint distraineth after replication therefore an Injunction 48 Plaint in execution upon Statute delivered upon recognizance 50 Plaint to take execution for 100 l. of a Judgement of 300 l. 51 Plaint married before answer no Bill of revivor 52 Plaint sueth for tokens delivered as a suitor in marriage 54 Prosecuting contempts after a generall pardon payeth costs 56 Plaint to make one a party whom the defendant prayeth in ayde 57 Plaintant requires one to appeare in the Queens name costs 68 Prohibition for Tythes of Lands held in capite 79 Plaint enters upon the defendants possession an Injunction or dismissed 98 Prohibition for tythes parcell of the Dutchy of Cornewall consultation 98 Perjury for making oath one of the same name sued and discharged 99 Plaint to shew where he had his counterfeit Writs 107 R. RAvishment de guard a Subpoena 9 Release of Joint feoffee 14 Reliefe for a trust upon a Lease 76 Rent reserved and paid the heire ordered to pay it 92 Rent charge upon severall men Lands and levyed upon one an Injunction is granted 22 S. SUing in a wrong County ayde for the plaintant here 2 Statute Lands priority sans coven 8 Survivor in joynt Tenancy 9 Suerâ—y chargeable and not in some cases 12 Supply of true meaning in feoffments 16 Statute acknowledged in my name 22 Statute for charitable uses 28 Subpoena to appear before the Major of London 43 Sheriffe amerced for return non est inventus 44 Setting down depositions in a wrong sence 47 Subpoena delivered to the defendants wife 54 Subpoena hanged on a dore where the defend resorted 56 Suit to have the defend performe an award 57 Subpoena to testifie Attachment for not appearing 61 Soliciter served to testifie ordered not to be examined 62 Soliciter served to testifie is discharged 63 Suit to have an award decreed 64 Suit for common of pasture 64 Subpoena delived to the defendants servant 65 Suit retained after Judgement and execution 74 Subpoena delivered to the defendants wife 78 Suit for 10 s. rent per annum dismissed 80 Suit for a hawke and evidences dismissed 82 Suit stayed in the Kings Bench removed from London 83 Suit for common 83 Svbpoena served within two dayes of the Termes end 88 Soliciter ordered to be examined with caution 89 Subpoena left in the defendants Hall Attachment 91 Server of a Subp. imprisoned attach against defend 91 92 Subpoena shewed and offered attach for not appearing 94 Suit upon a promise to surrender a Lease dismissed 95 Subpoena to testifie where no suit is discharged 95 Subpoena cautiously served attachment against the plaint 96 Suit for Hay c. not worth 40 s. dismissed 103 Suit for poor under 40 s. per annum retained 103.107 T. TEnant right fines how paid 6 Things left to the conscience of the party 12 Tenant of the land uncertaine a Subpoena 16 Tenants in common to know the certainty 16 Turning of water courses 26 Two contend for a tenant the Tenant paying his rent in court 46 The server of a Subpoena payeth costs 64 Trustee to convey the Lands according to the trust 67 Two joint-joyntenants the one dies the other to make estate 81 Two executors exhibit two Bills answer one the other dismissed 88 U. VOyd limitation del Lease in volunt 9 Uses of Gavelkind land 11 Vendee against one appointed to sell him Land 14 Variance in a Bill of revivor from the first Bill disallowed 55 W. WArranty Collaterall no remedy 5 Wager of Law no help 5 Where remedy at Law no help here 15 Waste holpen here and no remedy at Law 19 Waste forbidden here and not punishable at Law 26 Witnesses ad informandum conscientiam 27 Witnesse served to testifie pressed for a Souldier 41 Writ of priviledge granted to a Sutor 43 44 Witnesses examined before answer 48 Witnesses examined by fraud suppressed 56 Witnesses taken after publication ad informand conscien 58 Wife after the death of her husband sueth a Bill of revivor 70 Witnesses that answer insufficiently againe examined 81 Witnesses examined in perpetuall memory moved to use their testimony 88 Witnesses examined before the Towne Clarke of York suppressed 91 Witnesses examined 1. and 2. P. and Mary ordered to prefer a Bill for publication 94 Witnesse not able to travell discharged 99 Writ of priviledge disallowed 102 Reports in Chancery IF a man be bound in a penalty to pay money at a day and place by obligation and intending to pay the same is robbed by the way or hath intreated by word some further respite at the hands of the Obligee or commeth short of the place by any misfortune and so failing of the payment doth neverthelesse provide and tender the money in short time after in these and many such like cases the Chancery will compell the Obligee to take his principall with some reasonable consideration of his dammages quantum expediat for if this was not men would doe that by covenant whiâ—h they do now by bond The like favour is extendable against them that will take advantage upon any strict condition for undoing the estate of another in lands upon a small or trifling default So if two be joyntly and severally bound to pay money and the obligee will give longer day or other favour to the one and then will sue the other for the debt he which is sued shall sue in Chancery 9. E. 4.41 A man payeth debt upon a single obligation without taking acquittance therefore this will not discharge him at the common Law but he shall be relieved therein in Chancery quare 22. F. 4.6 By the parties oath but not by witnesse If a man fell Trees upon the Lands of a Lessee for life and the Lessee recovereth dammages amounting to the treble value that he ought to answer to his Leasor in waste and the Leasor dyeth before any recovery in waste now the Leassee shall not be suffered to take those damages himselfe being so discharged of them but shall be restrained in Chancery Doctor and Student 33.34 and 40. If the obligee have received the most part of the money payable upon the obligation at the peremptory time and place and will neverthelesse extend the whole forfeiture immediately refusing soone after the default to accept of the residue tendered unto him the obligor may find
Lessee maketh waste and because he in the Fee hath no remedy by the common Law and waste is a wrong prohibited he shall be holpen in Chancery Crompton 48.6 And not every barre or stopell in Law ought also to bind in Chancery For if a legitimate daughter and her sister a Bastard do joyne in suing of their livery this ought not to barre in conscience howsoever it may estop in Law Doctor and Student 34. It is usuall in a Bill of Chancery ro object that the Case hath proper help at the common Law and 21. H. 7.41 where one assumed for 10 l. to Lands to another It was said he might have action upon his Case and not to sue in Chancery to compell him to make the Estate but these helps be divers and not the same for by the one he seeketh the Land and by the other he demandeth damages onely And therefore I see not but that the Petition in Parliament might have prevailed if it had stood upon that point onely and at this day it is taken for a good cause of dismission in most causes to say that he hath remedy at the common Law and where an action upon the Case for a Nusans and damages onely are to be recovered the party may have help here to remove or restore the thing it selfe quod est idem A Leassed lands for 21. years and let other lands at twill to B. that had lands in the same Town who makes a Lease for life to C. of his own lands and of A s. and then by Fine all is conveyed to B. he payes the rent to A. still the five years passe by the opinion of all the Judges delivered to the Lord Keeper this fine shall not Bar A. quia apparet per le payment del rent and cest case fit subscribe per Popham Andersan 12. Feb. 160 1.40 Eliz. Nota que Executor non poit estre a trust unlesse he have an especiall gift in the will and that may then be in trust otherwise the generall trust of an Executor is to pay debts and legacies and of the surplusage to account to the ordinary in pios usus 44. Eliz. 8. Iunii 1602. A woman sole takes consideration for making a Lease for 21. yeares and then marries and she and her husband made the promissed Lease at the 21. yeares end the Lessee surrenders and takes a new Lease for 21 years more the husband dyes the wife oustes the Lessee who sues in Chancery to have the first Lease continued rest for the first 21 yeares and not remedyed here the surrender being voluntary 44. Eliz. Two Joynt-Tenants the one takes the whole profits no remedy for the other except it were done by agreement or promise of account 8. Iunii 1602. 44. Eliz. A defeÌ„ not being a principall defendant might be read at a witnesse if he were examined on the plaintants party in another suit betweene other persons in Case of Kingston upon Thames 10. Iunii 1602. 44. Eliz. A custome of discent in a Mannor and many other things were in controversie between the Lord and Tenants and between the Tenants themselves And in the tenth Eliz. a generall agreement made by Deed indented and a Bill in Chancery for establishing the same but no Record to be found but the Deed inrolled though all the Tenants of the said Mannor shall be stopped in the Chancery to speak against this Cac est quae le Repes del realme notwithstanding pretence was made Philips being of councell with the defendants that agreement cannot alter a custome in Law that some were infants some â—eme coverts at the time that the Lord was but Tenant in taile of which opinion was Mr. Cooke Attorney generall and Justice Gawdy 10. Iunii 1602. 44. Eliz. If a Statute be acknowledged in my name by a stranger I shall have an action of disceat against him but I shall not avoid the Statute or recognizance but if it be acknowledged by one of the same name with me I shall avoyd it by Plea 23. Iunii 1602. 44. Eliz. The opinion of the Courts is that uses may be raised by covenant for Jointures but power to make Leasses in that sort cannot passe but it may be done by Fine or transmutation of possession if the covenant be that the owner will stand seize to those uses 27. Iun. 1602. 45. Eliz. Whether Copyholders may be intailed and held that they may not by the Statute de donis conditionalibus but by the common law denante and that surrenders or plaints in nature of fines and recoveries may bar these state tayles as well in the Court Baron as at the common law if the custome have been such which is the rule in these cases 3. Feb. 1602. 45. Eliz. Administrators in nature of a guardian to an infant being Executor exhibits on his behalfe a Bill in Chancery the infant depending the suit comes of full age this abates not the Bill by the opinion of the Lord Chancellor Egerton 7 Feb. 1602. 45. Eliz. Doctor Ford by his will devised certaine lands to his wife in these words non per viam fidei coÌ„missâ—â— for which his sonne might sue her but hoping if his Son grew thrifty that at her death she would leave the remnant of these Leases to him she married Greysill but before marriage Greysill wrote unto her that she should have the disposing of those Leases at her death after the marriage Greysill sells the Leases Ford brings his suite in Chancery and had no help by the opinion of the Court 31. Maii 1. Iacob 1603. Inter Tomley and Clench It appeared by testimony of ancient witnesses speaking of 60 years before and account Books and other writings that Francis Vaughan from whom Tomley claimed was mulier and Anthony from whom Clench claimeth was a Bastard and the possession had gone with Tomley 50 yeeres In this Case the Lord Egerton not onely decreed the possession with Tomley but ordered also that Clench should not have any tryall at the common law for his right till he had shewed better matter in the Chancery being a thing so long past it rested not properly in notice de pais but to be discerned by Books and Deeds of which the Court was better able to judge then a Jury of Plough-men notwithstanding that exceptions were alleadged against those ancient writings and that for the Copyhold-land the verdict went with Clench upon evidence given three dayes before Serjeant Williams that Anthony was Mulier 31. Maii. 1. Iacob 1603. Sir Edmond Morgan married the widdow of Fortescuhe had his wives lands distrained alone by the Grantee of a rent-charge from her former Husband and therefore sued the Grantee in Chancery to take a ratable part of the rent according to the lands he held subject to the distresse and notwithstanding the Lord chiefe Justice Pophams Report who thought this reasonable the Lord Chancellor
aide in Chancery If a man grant a rent charge out of all his Lands and afterwards selleth his Lands by parcels to divers persons and the grantee of the rent will from time to time levy the whole rent upon one of the purchasors onely he shall be eased in Chancery by a contribution from the rest of the purchaseâ—s and the grantee shall be restrained by order to charge the same upon him onely A man recovered at the common Law a debt in one County where the obligation was made in another county against the Stat. 6. R. 2. c. 2. The Defendant sued and suggested in Chancery that by this meanes he was put from divers Pleas of which he might have taken advantage if the obligation had been sued in the very County and he had ayde there for the Chancellor said that he sued to hide the truth and against conscience also which cannot be so well found in any place as in the very County where a thing is done 9. E. 4.2 and 9. E. 4.15 A man shall not be prejudiced by formality or mispleading c. Touching Copy-holders Mr. Fitz-Harbert in his Natur. Brevium fol. 12. noteth well that forasmuch as hee cannot have any writ of false Judgement nor other remedy at common Law against his Lord therefore he shall have aide in Chancery and therefore if the Lord will put out his Copyholder that payeth his customes and services or will not admit him to whose use a surrender is made or will not hold his Court for the benefit of his Copyholder or will exact fines Arbitrary where they be customary and certaine the Copyholder shall have a Subpoe to restraine or compell him as the Case shall require Dyer 264. and 124 Fitz. Subpoena 21 First this Court forbeareth directly to examine any Judgement given at the common Law to which end the Statutes 27. E. 3. cap. 12.39 E. 3. cap. 14.4 H. 4. cap. 23. and 16. R. 2. cap. 5. were made and it seemeth that the common Law used some power to restraine such examinations of Judgements before all these Statutes for 13. E. 3. upon a recovery had upon a Quare impedit the Defendant sued for help in the Chancery and they sent a prohibition and upon that an Attachment against him Fitz-Harbert prohibition 21 the like hath been done upon suits in the courts of requests But yet 9. E. 4.65 one recovered debt upon an obligation in one county whereas the obligation was made in an other county and he complained in Chancery because he had lost some advantages which he might have taken if the triall had been in the other county which thing in effect was made a Law by the Statute 6. R. 2. c. 2. And in the Case of Paramore Ann. 3. 13. Eliz. A fine supposed to be levyed by an Infant was examined in Chancery after it had been allowed by examination of the Justices of the com Pleas but whether these and such other may seeme rather to examine the manner then the very matter and substance of the thing adjudged it is worthy of consideration Sir Will. Cordall Mr. of the Rols denyed to compell one to atturn here that was at liberty by the common Law in the Case of Sir Iohn Windham Chancellor Bromeley likewise denyed such compulsion generally but where the party quarrelled with the particular Tenants Estate or entreth iuto some part of the Lands in demise or hath covenanted for recompence for non atturnment there he utterly denyeth to inforce the atturnment Pasch. 21. Eliz. in Case of Philips and Doctor Sandford Such assurances as be used for the common repose of mens Estates the Chancery will not draw in question for a fine with Proclamation ought after the five yeares to be a bar in conscience as it is in Law so shall it be of a common recovery for docking the intaile Doctor and Student 33.155 So likewise it seemeth that the continued possession of the Bastard eisne shall prevaile in conscience against the right of the Mulier â—â—sne And albeit a feme covert may be thought to joyne with her Husband for fear in a fine of her lâ—nds yet after the five yeares it shall not be recalled for the generall inconveniences that may ensue to that highest assurance Doctor and Student 154. And if remedy in Chancery should be extended to a Collaterall Warrantye the same Saint Germaine saith that then all writings shall be examined If the extender undervalue the Lands as there is no remedy at the common Law 15. H. 7. Dupleges Case because the Debtor may help himselfe by payment of the debt so in conscience there ought to be no reliefe unlesse it were done by Covin. Idem Upon Nudum PactuÌ„ there ought to be no more help in Chancery then there is at the common Law neither against him that hath waged his Law in debt though peradventure falsely Idem Where a man made Title to a rent seck of which there was no seizin nor for which he had any action at the common law and prayed help here it was denyed upon conference had by the Lord Keeper with the Judges Michal 1596. A Copyholder dyeth leaving two daughters by divers Venters both which do enter and take the profits without doing fealties or paying fine and without any admittance by the Court and the eldest dyeth without issue This onely possession sufficeth to order the Copyhold to the collaterall heir of the eldest and not â—or the sister of the half bloud 12. Eliz. Dyer 291. A Copyholder in Fee hath issue a daughter and a son by two venters the Lord committeth the custody of the Land and of the son to the Mother who taketh the profits and the son dyeth before any admittance this Copyhold was ordered also for the Heire Collaterall against the Sister of the halfe bloud because the Mothers possession serveth for the son Anno 12. Eliz. Ibid. The Lord devised a Copyhold to C. for life and after passed the Freehold of the soyle thereof by livery of seizin thereof to B. for life reserving a rent and then by fine levyed doth grant the said Land to the said C. come ceo que il ad de son done c. And C. accepteth the said rent of B. and thereupon it was questioned whether or no the Copyhold of C. were gone in conscience 28. H. 8. Dyer 30. A Copyholder within age is admitted and the Lord committeth the custody to the Mother of the Infant whose under-Tenant cutteth down Timber Trees which being presented the Lord seizeth the Land for the forfeiture during still the nonage and keepeth it till he dyeth and it descendeth to his Heire who and his Father had kept it 40 yeares and for that the Copyholder moved suite in the Chancery 29. yeares since which was now revived and the forfeiture was taken during his minority he was restored to his possession
may declare his will thereof and may vary at his pleasure but if it be to any intent certain as to take back an estate taile or with remainders to others then he cannot change it for the interest that is in others 5. E. 4.8 a. Whether the use of gavell kind Lands should ensue the nature of the land and so of Borrough English or shall be at the common Law because the customes doe extend to Lands and not to uses or rents as is said against Fitz Harbert Although Cesti que use of a terme for yeares be not within the Statute of uses rather therefore he shall have remedy in Chancery Crompton 64. Where the complainant will rest upon the oath of the Defendant and be contented to be judged there by their the oath of bewraying is hardly granted Conscience never resisteth the Law nor addeth to it but onely where the Law is directly in it selfe against the Law of God or the Law of reason for in other things Equitas sequitur legem Saint Germaine Fol. 85.155 Sometimes equity helpeth a man to that for the which there is no Law of man provided fol. 85. ibid. Sometimes equity followes the meaning of the parties in their contract 86. Ibid. where a common inconvenience will follow if the common Law be broken there the Chancery shall not help 155. For albeit the party cannot with a good conscience take the advantage of sundry things to which he comes yet the Court of conscience is not thereby bound to help the other but must leave some things to the conscience of the party himself It is reported 8. E. 4.6 and 22. E. 4.6 yeare Book That the Lord Chancellor and Judges were of opinion that a Subpoena lyeth not against the Heire of a Feoffee in trust but our time affordeth that help against Executors very commonly as between Ouslowe and Ouslowe Lord Norris and Lester Cutting and Huckford c. At the common Law if a man were surety for anothers debt he was chargeable if the debtor failed in payment but Magna Charta cap. 8. ordereth that the pledge shall not be distrained if the principall debtor be sufficient to pay this grew troublesome to the Creditor and therefore it fell in use that the pledge should bee bound as principall and so by the common Law he is chargeable notwithstanding the sufficiency of the principall neverthelesse it is now usuall in Chancery to help this suerty against whatsoever default of the principall if so be he will offer the principall debt and dammages but in my opinion he ought to finde here no other reliefe then the principall debtor should find because he is not onely a principall by his own Bond but also was the cause for which the money was lent seeing that without him the principall had not been credited And experience bewrayeth that this favour to sureties breedeth contempt of Bonds Nihil est autem saith Cicero quod vehementius remp. continet quam fides quae nulla esse poterit si non erit necessaria solutio rerum creditarum fraudandi vero spe sublata solvendi necessitas consequitur But the Case of the purchasor bona fide of land subject to a Statute or recognizance is better then of such a surety and so is the Case also of the Heire of the Recognizor or Obligor for though the land be charged in their hand with the debt yet equity ought to relieve them touching any penalty unlesse they be found in Mora c. If a debtor will Collude with some of his friends in fraud of his Creditors and the friend breake trust with him this Court will not punish the breach yet Greene and Cotterells Case to the contrary fraus non est fallere fallentem But two Doctors and I took order in such a Case between Woodford and Multon Mich. 42. and 43. Eliz. by our report that the goods so conveyed in fraud should be transferred to the benefit of the Creditors A. Man was enfeoffed to the use of a woman sole which taketh an Husband they both for money sell to B. The land which payeth it to the wife and she and her Husband do pray the Feoffee to make Estate to B. Afterwards her huâ—band dyeth now by the Chancellor and all the Justices she shall have aide against the first Feoffee by Subpoena to satisfie her for the land and if the second Feoffee were conusant a Subpoena shal be against him for the land for all that the wife did during the Coverture as they said shall be taken to be done for fear of the husband 7. E. 4.14 Subpoena Fitz-Harbert 6. If A. sell land to B. for 20 l. with confidence that it shall be to the use of A. yet A. shall have no remedy here because the bargain hath a consideration in it selfe Dyer 169 per Harpar and such a consideration in an Indenture of bargaine and sale seemeth not to be examinable except fraud be objected because it is an estopell Lands be morgarged to A. and B. where A. onely payeth the money and the intention was that B. should take nothing now B. shall be compelled to release to A. 27. Eliz. A. willeth that B. shall sell his Land to C. now C shall have a Subpoe against B. to compell him to sell the testators land unto him 15. H. 7.12 Pyers was bound in a Statute to Hawes and Ioan for the behoof of Ioan and Hawes released to Pyers whereupon she brought a Subpoena against them both but Pyers was discharged although he knew the confidence because it is permitted in such a case a man should help himselfe to be discharged of his bond and the Subp. stood against Hawes because he had deceived Ioane 11. E. 4.8 a. Tamen quaeâ— for it is no conscience to be a partaker in fraud therefore if my Feoffee in use had made a Feoffment unto one that knew of the use the Subpena did lye against them both 5. E. 4.7 And the Case precedent kiked not the reporter If an Obligation be made to B. to the use of C. now B. shall be compelled here to sue upon that Obligation 2. E. 4.2 If one Executor will release a debt without the consent of his copartner whereby the Will cannot be performed the releasor and the releasee shall be ordered therefore in Chancery 4. H. 7.4 By the Chancellor against the opinion of â—ineux If a Subpoena be brought against three Executors and one of them appeareth he shall not be compelled to answer till they be driven to appear also for they are but one 8. E. 4.5 By the Chancellor So if two Copartners or joynt Tenants-joyne in a Quare impedit and the one will plead covenously he shall be compelled here to joyn with the other in Plea or presentment And so if lands be severally given by one deed to two men he which
made by the Feoffees of them for founding a Chauntry and this in the 20. of H. 6. and held no superstitious use nor by the Lord Chancellor if it had been absolutely given ad divina Celebranda and for saying of Obites for most part of the Churches of England are so founded if it be granted to a Priest contra if it be granted to a particular Priest ad divina Celebranda and saying Obites c. The Case was that those Lands were after given to found a Chappell of Ease by the Feoffees and then new come in upon the first grant would have had it a concealement and got a Pattent thereof and Commissioners upon the Statute 39. Eliz. took it from the Pattentee And note that the Commissioners make the decree the Lord Chancellor heareth the exceptions against the said decree and decreed the possession according to the Commissioners decree leaving the Pattentee to exhibite his Bill against the parishioners and to shew what cause he could for reversing thereof 18. Iunii 1. Iacob George Littleton of the Inner Temple lent money upon bonds taken in other mens names and had not any in his own name among the rest he purchased five markes per annum in two other mens names with this trust that he might injoy it during his life and after it should be to the erecting of a Schoole in the Towne where the said George was born and buryed as the Feoffees declared in their answer and in his life time after the purchase he repealed his intent of converting the same to the use of the Schoole to divers others but by his will he gave certaine Acres of Land to I. C. and I. H. and then devised all the rest of his lands to his Brothers Sonne who sues Ceux que trust for converting unto him the five marke land which Justice Warberton presently decreed for him saying his will was his Declaration But in his words there was but a meaning onely exprest me contradicente for if I. C. make a Feoffement to the Use over according to Articles annexed he cannot alter the same by a later will contra if it be to the use of his Will 19 Iunii 1. Iacobi Cutting Cleark of the Outlawries bought lands of Bedwell whereof he was seized as Tenant by curtesie promising the Heire should assure at full age and by morgage assured other lands for performance thereof Cutting before full age dyeth without issue his Heire not known for some claimeth as Hâ—ire on the Fathers side some as Heire on the Mothers side others as assignees by devise and another as Executor sued a Statute for performance of Covenants Bedwell being willing to assure brought all into the Chancery that he might incurre no prejudice till he should know to whom he should assure and ordered that he should assure to two of the six Clarks they to reassure to the Heire when he should be found 10. Octob. 1. Iacobi Nota that the Lord Chancellor Egerton in the Case of Pigot that if a power be reserved to make Leases by a Covenant without transmutation of possession the Chancery shall not help because the first is void in Law if upon transmutation of possession and the power be not precisely followed that doubtfull and rather most strong against help for then the Estate workes and the power gone and upon Wills no help causa patet antea fol. 1. and difference inter will and testament testament requires Executors will of lands 11. Octob. 1. Iacobi Young purchased lands in the name of one Mason to the use of him and his Heires dying without declaring any setled determination of this trust or confidence Dethicke a kinsman procures Mason to convey the lands to him and he conveyes it over to infants Mericke a nearer kinsman sues in Chancery as next Heire if the benefit of the trust appear to appertain to Mericke notwithstanding the conveyance to infants being decreed for them they shall hold by the decree during the minority And a proviso for the infants to assure at full age per Cook Attorney veniendo de Westm and there appearing no certain disposing thereof it was ordered that Mason should repay the money he had for making the conveyance to Dethicke and Merick to have the lands ordered for him 11. Octob. 1. Iacobi Those who are curious to have the defendants to amend their answers ordered first by the Lord Chancellor to put in sureties in Court for proof of the contents of their Bills according to the Statute 15. H. 6. or Iuramentum Calumniae were better perchance 13. Novemb. 1. Iacobi Commission to examine witnesses went out to Sir Aâ—exander Brett and others who made certificate against Sir Alexander of partiall proceedings Philipps Serjeant moved at the Rolls for a Commission to others to examine in whom the misdemeanor was in Sir Alexander or in the certifyers fuit negatum for such collaterall certificates are not required of the Commissioners but let them certifie the matters committed to their charge and if there be misdemeanor let the party wronged thereby make affidavit thereof and then take out his Attachment 13. Novemb. 1. Iacobi A release was offered to be deposed that it had been seene by some at the Barre it being affirmed that by casuall meanes it was lost but the Lord Chancellor said the oath should be that he saw it sealed and delivered and not that he saw it after it was a deed For in Munson the Justice his Case a Deed was brought into the Chancery and a Vidimus upon it being but a counterfeit copy and after the fraud discovered and the true Deed produced therefore none allowance to be given of a Deed without producing the Deed or proving the execution thereof and here appeareth what want we have of Notaries and their Deputies 16. Novemb. 1. Iacobi The Deane and Chapter of Bristoll made sundry Leases misreciting the name of their Corporation and an intricate Case of sundry such Leases made of one thing to divers men wherein the Lord Chancellor said that it was fit to help such Leases in Chancery being for reasonable time and upon good consideration contra of long Leases without consideration of fine or good rent and that Judges might have done well at the first to have expounded the Law so with averment that they were the same parties and so was the old law till now of late especially where the mistaking rose on their part who had the keeping of the evidences the which the Leases could not see but must take a Lease by the Colledge Clark in a writ where you may have a new no harme to abate it for a misnomer and yet in that case sometimes in old times an Averment of Comer per lieu nosme â— auter where they were sued by others and not named so by themselves 23. Novemb. 1. Iacobi Haule had a Dutchy Lease gotten upon untrue surmises and the King
the defendant shewed no cause Thomas Hales plaintant Thomas Stanebridge defendant Anno 2. Eliz. fol. 244. The defendant exhibited his Bill into the Chancery for certaine Lands and afterwards sued the plaintant in the Common Pleas for the same Lands before the matter was determined in the Chancery therefore an Injunction was awarded against the said Body to stay his proceedings in the common Pleas Robert Bill and Thomas Gifford plaintants Iohn Body defendant Anno 2. Eliz. fol. 263. The undersheriffe of Middlesex brought into this Court the body of the plaintant by commandment of the Lord Keeper in execution upon a Writ of extent of 300 l. together with the said Writ at the suite of Sir Edmund Maliverer Knight and by order of Court he was taken from the Sheriffe of Middlesex and delivered in execution to the warden of the Fleet for the 300 l. and because the defendants shewed no good cause to the contrary upon a day given them therefore it was ordered that upon Recognizance by the plaintant and good sureties to stand to the order of the Court or else to yeeld his body prisoner to the Fleet in execution and there to remaine untill the defendant be satisfied he the plaintant shall have liberty to goe at large and that the defendant shall not sue for any manner of Execution by force of the said execution Robert Rosse plaintant Christopher Lassels and Alice defendants Anno 3. Eliz. fol. 90. The plaintant had Judgement in the Kings Bench against the defendant upon a Bond of 200 l. and another Judgement for 300 l upon an action of debt of arrerages of account in the Kings Bench and ordered they may proceed with execution upon the Bond of 200 l. and also to take execution of 100 l. parcell of the 300 l. provided alwayes and it is ordered the plaintant shall not in any wise proceed nor take execution of the 200 l. residue of the 300 l recovered upon the accompt without speciall license of the Court Iohn Brooke and Katherine his wife plaintants Thomas Apprice defendant Anno 3. Eliz. fol. 233. The plaintant sheweth by his Bill that the personage of Thekelye was holden by force whereby the plaintant could not be inducted whereupon a Writ of de vilaica removenda was awarded out of this Court and thereby the plaintant put in possession by the Sheriffe neverthelesse the defendant keepeth the possession of the said house appertaining to the personage and for that the plaintant is bound to pay his first fruits to the Queenes Majesty therefore an Injunction is granted against him Thomas Boult Clerk plaintant Sir George Blunt Miles and Alice defendants An. 3. Eliz. fol. 262. The plaintant made Title to the lands by a Lease paroll made by the defendant unto him whereupon he did sow the ground with Corne and the defendant entred upon him therefore the plaintant had an Injunction for the Corne Thomas Harrison plaintant Richard Chomeley Miles and Alice defendants An. 3. Eliz. for three hundred pound It is decreed the desendant and his Heires shall from time to time yearly pay to the plaintant and his heires Lords of the Mannor of Knebworth the rent of 3 s. 4 d. for the peece of ground called the Hawâ—e together with the arrerages thereof since the 6. of Ed. the 6 And shall from henceforth doe suite and service to the Court of the plaintant and his Heirs owners of the said Mannor and the plaintant and his Heires shall have and receive the fines and amercyaments presentable in the Court of the Mannor for any trespasse or lack of service done by the Tenants of the said Hawte Richard Litton plaintant Iohn Couper defendant An. 6. Eliz fol. 145. It is Ordered a Subpoena be awarded against the defendant to be examined upon interrogatories whether before his Answer he had knowledge that the plaintant was marryed and would take no advantage of the same marriage in his Answer then the matter to proceed without Bill of revivor Christian Fairefield plaintant Robert Greenfield defendant An. 6. Eliz. fol. 150. The question of the case drawn was whether the advowson in question did passe by the livery made in the view of the Church without deed or not the Church being full of an incumbent and resolved by the Lord chiefe Justice of the Kings Bench and Justice Manwood to whom the same was referred that the Advowson could not passe by that livery Pannell plaintant Hodgson alias Hodson defendant Anno 18. and 19. Eliz. A Subpoena Ducens tecum was awarded against the defendant to bring in certaine deeds and to shew cause why the same should not be delivered to the plaintant the defendant by his councell shewed that the Morgage was upon condition for payment of 40 l. at a day and before the day the Morgager sold the same over to the plaintant and delivered the Estate by livery and seizin whereby the condition was extinct and yet the defendant offered to give for the same 100 l. It is ordered that the evidences be delivered to the Usher of the Court but not to the plaintant without speciall order Wilford plaintant Denny defendant Anno 18. and 19. Eliz. The plaintant exhibited his Bill to be releived for a promise supposed to be made by the Lady Lutterell for a Lease of certaine lands and for stopping certaine wayes the defendant had a Commission to take her answer and demmurred for that the plaintant may have his remedy by Law which cause seemes insufficient and not to be allowed of and the rather for that the defendants having a Commission to take their answers in the Coâ—ntry did demurre therefore a Subpoena is awarded against them to make a better answer Stukly plaintant the Lady Lutterell Aliis defendants An. 18. and 19. Eliz. Stephen Smith made oath that he was present when one Iohn Maddock made these persons hereafter named privy to a Writ of execution upon a decree made for the plaintant viz. Iohn Ward Iohn Priddoâ—k Henry Pinly Lawrence Banks Iohn Kiddermaster and William Tuttle And the said Maddocks left the same Writ with one Thomas Smith from whom the defendant confesseth the receipt of the said Writ which said parties have not performed the said decree therefore an attachment is awarded against them Leake plaintant Marrow defendant An. 18. and 19. Eliz. The Bill is against the defendants as Executors to their Father who in his life time being Gardian in Soccage to the plaintant in right of the plaintants mother whom he married for and concerning profits by him taken of the lands of the plaintant during his minority for fines of Leases Woodsales and wilfull decay of houses and doth aâ—er assets sufficient to become to their hands the defendants demurre because not privy nor chargeable by Law but ordered to answer Burgh plaintant Wentworth defendant Anno 18. and 19 Eliz. Thomas Stapleâ—on made oath that he delivered
a Subpoena to the defendants wife being in the defendants house who hath not appeared therefore an Attachment is awarded Barlow plaintant Baker defendant Anno 18. and 19. Eliz. It is decreed by Assent that the defendant being Lord of the Mannor of Alderswasley shall have for a fine of a Coppyholder upon a Surrender one whole yeares value as the same is reasonable worth according to the usuall rates of Lands in that Countrey Blackwall and Alice Tenants of the Mannor of Alderswasley plaintants Low defendant An. 18. and 19. Eliz. The defendant confesseth by her answer the having of a Tablet or Pomander in Gold demanded by the plaintant and as to the 20 l. likewise demanded by the plaintant by him left with the said dâ—fendant as a token at such time as he was a suter for marriage to the defendant she confesseth the same was left with her against her will and she delivered the same over unto one Sydole her brother who was a dealer with her on the plaintants behalfe to the end hee should deliver the same over to the plaintant It is ordered the Tablet be forthwith delivered by the defendant to the plaintant which was done presently in Court and as to the 20 l. the plaintant shall call in the said Sidole by processe Young plaintant Burrell and Elizabeth uxor ejus defendants Anno 18 and 19. Eliz. The plaintant by his Bill sheweth that the Copy of the Court â—oll whereby the defendants pretend title was indirectly entered by the Stewards Clarke of the mannor the defendants demurre for that the plaintants shall not be received by surmise to object against or impeach the said Court Rols and alleadgeth further the Copy was found by the homage to be true which causes seem to this Court very insufficient It is therefore ordered if cause be not shewed before Wednesday for maintenance of the demurrer then a Subpoena is awarded against the defendants to make answer Holden and Holden plaintants Cleark and Alice defendants Anno 18. and 19. Eliz. The plaintaint hath exhibited his Bill of Revivor against two where the first Bill was against three and the personage in question is named by another name then in the former Bill therefore ordered if cause be not shewed by a day the defendant shall be discharged Heines plaintant William Day Deane of Windsor and Hatchines defendants An. 18. and 19. Eliz. William Lowgher appeared and answered but Rob. Lowgher claimed the priviledge of the university of Oxf. but because the said Doct. Lowgher was joyned with William Lowgher in the bill who was not subject to the same Jurisdiction therefore ordered processe to be awarded against him to shew other cause why he should not answer White plaintant Rob. Lowgher Doctor of Divinity and Will Lowgher defend An. 18. 19. Eliz. The defendant is adjudged to pay to the plaintants 40 s. costs for suing out processe of contempt against him being discharged by her Majesties generall pardon Iones and Parris plaintant Iones defend An. 18. and 19. Eliz. There is more presidents of the like case Walter Ieames made oath that he hanged a Subpoena on the door of one Stacy Barry widdow and that the defendant used to resort thither as he heard reported before that time who hath not appeared therefore an attachment was awarded Ieames plaintant Morgan defendant An. 18. and 19. Eliz. The plaintant exhibited his Bill against the defendant by practise of purpose to examine witnesses and did examine witnesses accordingly whereas the cause chiefely concerned one Thomas Staunton and Will Bayes and therefore ordered that the depositions should be suppressed and that the said Staunton and Bayles shall exhibite a Bill into this Court against all such as they thinke to be parties to the fraudulent abusing of this Court Walford plaintant Walford defendant An. 19. Eliz. It is informed that the parties dwell in the County Palatine of Lancaster and the matter of the Bill is for a supposed trespasse in entring upon the defendants lands and consuming his grasse and hay upon the same which this Court doth not use to hold Plea of therefore ordered if it be true then the cause is dismissed and the plaintant to take his remedy in the County Palatine of Lancaster Hameâ—heson plaintant Tounstall Covell Rigmaden and Baldwin defendants An. 19. Eliz. The plaintants suit is to have an award made by Master Tilbey and Mr. Chambers Arbitrators indifferently chosen performed and both parties were bound each to other for the performance of the award and one part of the award was that if any question did grow between the parties the arbitrators should end it It is ordered a Subpoena to shew cause Launcellot Barker plaintant Peter Barker defend An. 19. Eliz. The plaintant exhibiteth a Bill of complaint against Luce and Maulde two of the defendants and after Commission Maulde marrieth Iohn Bourne the other defendant and the plaintant then exhibited a Bill of Revivor against the defendants which needeth not as it seemeth to this Court therefore ordered if there be no cause of revivor that Bourne and his wife who are called up by processe to answer the same Bill are licenced to depart without answer to the Bill of revivor and the plaintant to pay him such costs as this Court shall award Iackson and Vxor plaintants Luce Smith Iohn Bourne and Maulde his wife defendants An. 19. Eliz. The plaintant by his Bill pretends title to certaine lands and Freehold Lands which lands the defend claims to hold by Copy of court Roll to him and his heires of one Thomas Stedolph Esq. Lord of the mannor of Milcklam in the county of Surrey whereof the said lands are parcell and prayed in aide of the said Stedolph neverthelesse the plaintant served the said Arnold with processe to rejoyne without calling the said Stidolph thereunto which this Court thinkes not meet therefore ordered the plaintant shall no further proceed against the defendant before he have called the said Stidolph in by processe Lucas plaintant Arnold defendant Anno 19. Eliz. The said Holgate maketh oath he left an injunction in the house of the defendant and that the defendant Elizabeth White Thomas Crimore and Robert Watkins have disobeyed the same therefore an Attachment is awarded against them Holgate and Vxor ejus planitants Grantham defendant An. 19. Eliz. The defendant this day made his personall appearance upon a Commission of Rebellion for saving his bond made to the Commissioners in that behalfe Brown plaintant Derby defendant Anno 19. Eliz. Commonly it is used to take the Bonds in the name of the Lord Chancellor Lord Keeper of the Great Seale of England the Master of the Rols or to any two of the Masters of the Chancery all which are good and allowable by the practise of the Court of Chancery Upon affidavit made by the plaintant that since publication granted he had divers witnesses setting down their
at the returne thereof publication and in the meane time publication is stayed Mackworth plaintant Swayefield aliis defendants An. 21. Eliz. A frivolous Bill was exhibited against the defendant without a Councellors hand and therefore ordered the defendant should not answer untill a Councellors hand weâ—e put to the Bill and the contempt for not answering is suspended Farly plaintant Childe defendant An. 21. Eliz. The defendant made oath that the Lands complained of by the plaintants Bill is under 40 s. per annum therefore dismissed Pottinger plaintiffe Cogayne defendant Anno 21. Eliz. The plaintiffe sued here to be relieved for a least of one thousand yeares of certaine Lands and depending the suite the defendant by quo minus out of the Exchequer being Tenant of other Lands to the Queene brought an Ejectione firme against the under Tenants of the plaintant therefore an injunction to stay the said suit of Quo minus if cause be not shewed Ioanes aliis plaintants Whitney Miles aliis defendants Anno 21. Eliz. The plaintant made oath for the serving of a Subpoena on Mary Cavendish Iohn Gilgate William Pipe and Edmâ—nd Stiles to appeare before Commissioners to be examined on his behalfe therefore an Attachment is awarded against them Turnor plaintant Warren defendant Anno 21. Eliz. Iohn Quippe made oath the defendant confessed he was served with a Subpoena for costs and hath not paid it therefore an Attachment Suell plaintant Rogers defendant Anno 21. Eliz. The defendant since the Bill exhibited commenced severall suites at the common Law for the cause here complained of against the plainâ—ant and his under Tenants therefore an Injunction is awarded against him Thorough good plaintant May aliis defendants Anno 21. Eliz. The defendant demurred generally without shewing any cause of his demurrer therefore ordered if he shew not good cause of his demurrer upon Fâ—iday next a Subpoena is awarded against him to make a better answer Peachie plaintant Twyecrosse defendant Anno 21. Eliz. It is ordered that if the plaintants doe charge the defendants by their Bill for the issues and profits of Lands which do lye in the County of Lancaster meerely by way of account then the defendants shall not be compelled to answer if the defendants be charged in respect of their promise then they are to answer Wingfield Miles uxor plaintants Fleetwood aliis defendants Anno 21. Eliz. The suit was for certaine rents fines and Woodsales received by the defendants testator during the plaintants minority It appeared that if the plaintant had made good proofe hee was to be relieved therefore a Commission is awarded by consent Borrough plaintant A. B. defendant Anno 21. Eli. The Kings Order and Decree in Chancery for a Rule to be observed by the Chancellor in that Court exemplified and enrolled for a perpetuall Record there Anno 1616. IAmes by the grace of God c. Whereas our Right Trusty and Welbeloved Sir Francis Bacon Knight our Councellor and Attorney generall received a Letter from our Chancellor of England Dated the 19. of March An. Dom. 1615. Written by our expresse Commandment directing him and requiring him and the rest of our learned Councell to peruse such presidents as should be produced unto them from time of K. Henry the 7. and since of complaints made in the Chancery there to be relieved according to equity and conscience after Judgements in the Courts of the common Lawes in Cases wherein the Judges of the common Law could not relieve them And thereupon to certifie us of the truth of that they shall find and of their opinions concerning the same which Letter followeth in these words MAster Atturney His Majesty being informed That there be many presidents in the Court of Chancery in the time of King H. 7. and continually since that such as complained there to be relieved according to equity and conscience after Judgements in the Courts of the common Law in Cases where the Judges of the common Law could not relieve them being bound by their oath to observe the strict rules of the Law is willing to understand whether there be such presidents as he is informed of And therefore hath commanded me to let you know that his will and pleasure is that you call to assist you his Majesties Serjeants and Sollicitor and to peruse such presidents of this kind as shall be produced unto you and thereupon to certifie his Majesty of the truth of that you shall finde and of your opinions concerning the same and for your better directions therein I have sent you here inclosed a note in writing delivered unto me mentioning some such presidents in King H. the 7. time and since And I am told that there be the like in former times his Majesty expecteth your proceeding in this with as much speed as conveniently you may And so I rest Your very assured loving friend T. Ellesmere Canc. At York house 19. Martii 1615. ANd whereas our Attorney generall and the rest of our learned Councell did thereupon returne unto us their certificate subscribed withal their hands according to our commandment and direction given them by the said Letter which Certificate followeth in these words According to your Majesties commandment we have advisedly considered of the note delivered unto us of presidents of complaining and proceeding in Chancery after Judgements in common Law and also have seene and perused the originals out of which the same note was abstracted upon all which we do find and observe the points following 1. We find that the same note is fully verified and maintained by the originals 2. We find that there hath beene a strong current of practise of proceeding in Chancery after Judgement and many times after execution continued from the beginning of H. 7. Raign unto the time of the Lord Chancellor that now is both in the Raignes separatim of the severall Kings and in the times of the severall Chancellors whereof divers were great learned men in the Law It being in cases where there is no remedy for the Subject by the strict course of the common Law unto which the Judges are sworne 3. We find that these proceedings in Chancery hath been after Judgements in actions of severall natures as well reall as personall 4. We find it hath beene after Judgements in your Majesties severall Courts the Kings Bench common Pleas Justice in Oyre c. 5. We find it hath been after Judgements obtained upon verdict demurres and where Writs of error have beene brought 6. We find in many of the Cases That the Judgements are expresjudgementsly mentioned in the Bills in the Chancery themselves to have been given and reliefe prayed thereupon sometimes for stay of execution sometimes after execution of which kind wee find a great number in King H. the 7. his time 7. We find the matters in equity layed in such Bills in most of the Cases to have been matter
in the premises decreed for him One Executor gets the estate and dyeth the other sueth his Executor and ordered for him Feme covert sueth for maintenance put into anothers hands he demurrs but ordeâ—ed to answer One Subpoena served on two defendants two Bills exhibited ordered to answer both The defend demurred generally ordered to answer Two executors exhibite two Bills ordered to answer the one the other dismissed with costs Witnesses examined in perpetuall memory the one dead and the other sick moved to use their testimony A Subpoena served within two dayes of the Termes end the Attachment discharged answering The solliciter of the plaintant ordered to be examined with caution A Bill without a counsellors hand or Atturney retained dismissed Iurisdicton of Wales overuled Jurisdiction of Wales overruled The defend stayed by Injunction to pul down roomes to the prejudice of anothers rooms Upon a Commission warning given but to one defendant a new Câ—mmission is granted and the defendants to have the carriage A Subpoena left in the defendants Hall an Attachment Witnesses examined before the Towne Clark of Yoâ—k suppressed The server of a Subpoena imprisoned therefore Attachment against the defendant Iurisdiction of Wales admitted A rent reserved and paid the heire ordered to pay it A rent charge upon severall mens Lands and levied upon one an Injunction A dumb man is not to answer upon Subpoena Money paid for a reversion which could not be enjoyed ordered to repay the same No Witnesses to be examined till the defendants have answered An action against a drunken mans words seeketh reliefe but is dismissed A Subpoena shewed and offered Attachment for not appearing Witnesses examined 1. and 2. P. and M. ordered to prefer a Bill for publâ—cation Attachment discharged by supersedeas paying the ordinary Fees The defendants wife examined as a witnesse Suit upon a promise to surrender a lease dismissed Subpoena to testifie where no cause was depending discharged Jurisdictioâ— of the North allowed Jurisdiction of the Exchequer disallowed A Subpoena cauâ—elously served Attachment against the plaintant A Bill for tuition of an infant Costs for a witnesse served to testifie Deeds neglected to be inrolled a Subpoena to shew why not Jurisdiction of the Dutchy of Lancaster allowed The matter of asâ—umpsit reâ—ered to the common Law Feme sole sueth out a Subpoena and the same day is married dismissed with costs The plaint enters upon the defend possession ordered either a dismission or injunction Prohibition for sithes parcell of the Dutchy of Cornewall but consultation if cause be not shewed Perjuâ—y in mâ—king oath for impotency one of the same name sued for it and discharged A witnesse not able to travell discharged of contempt Jurisdiction of Wales not allowed for a promise A Commission to answer he returned a demurrer therefore Attachment A Councellor not to be examined of any matter wherein he hath been of Councell A Billet in paper served and no Bill in Court costs is awarded Feme covert whose husband is in the Gallies must answer matter of equity wherewith she is charged Injunction left at the defendants house and disobeyed an Attachment is awarded Consil. Costs for want of a Bill Iurisdiction of Wales allowed A Writ of priviledge disallowed Bayliffes of a Corporation not compellable to make a Lease Attachment for breaking an order in Court Suit for Hay Corn and grasse not worth 40 s. dismissed Suit for the poor of a parish under 40. s. per annum â—erained Attachment upon oath before the Portrive of Minxhead Confil. A decree for the plaint yet put out of possession by the defendant Defendant departing without license an Attachment Attachment discharged paying the plaintant 10 s. costs Liberty for a common Fishing A Bond put in suit for not performing an award stayed by Injunction Injunction to stay suit at common Law Commission of Rebellion for not payment of costs The defend discharged of the Attachment because the Subpoena was counterfeit An award ordered to be performed The defendant licensed to depart after answer in a writ of priviledge The defendant commiâ—ted to the Fleet for a Rescue brought an action for a false returne Subpoena against the plaintant to shew where he had his counterfeit Writs and answer his misdemeanor and pay costs Costs for want of a Bill Costs for want of a Bill the Billet being lost A demurrer without shewing any cause ordered to answer Five pound dismissed Commission to take the defendants answers they being 70 yeares old a peece 20. of Fâ—b Sir Nicholas Bacon dyed 12 of April the Seale delivered to Sir Thomas Bromley Councell on both sides to attend concerning the ratifying of an award Jurisdiction of Chester allowed No costs to be allowed upon a disclaimer Costs allowed the defendant being taken upon a Commission of rebellion Costs for want of a Bill the Billet lost A Commission to examine witnesses in perpetuall memory Attachment for not appearing Dismission for that they have been in possession 100. years Attachment for putting in a demurrer instead of an answer Day given to the defendant to rejoyne A new commission to examine witnesses because they appeared not before Not to extend one mans Lands onely where many are subject Injunction to stay suit at Common Law A new Commission to the defendant and publication is stayed of witnesses examined by the plaint in Court The defendant not to answer till a Counsellors hand be put to the Bill Dismission the Lands being under 40 s. per annum Injunction to stay a suite of Quo minus in the Exchequer Attachment against witnesses served to testifieâ— Attachment for costs Injunction to stay suits at common Law A demurrer generally ordered to answer The defendant charged upon account shall not answer if upon a pâ—omise he shall A Commission by consent to prove the receipt of rents fines and Woodsales The enâ—rance in Seldens discourse fol. 63 b.
Egerton will give him on this Bill no reliefe but ordered that he should exhibit his Bill against the rest of the Tenants and Grantee both the one to shew cause why they should not contribute the other why he should not accept of the rent equally otherwise it was no reason to take away the benefit of distresse from the Grantee which the Law gave him 7. Iunii Iacobi 1603. A. In forma pauperis had a decree against C. for the Mannor of B. that the contents of the Mannor were doubtfull C. shewing Antient Deeds that proved divers parcels of the Lands claimed by force of the decree by A. to be of another Mannor which notwithstanding the Lord Chancellor Egerton ordered that it should be put to a Jury and they to find as the contents of the Manor had gone by usuall reputation 60. years last and not to have it paired and defalked by such Ancient Deeds A. Married a Feme Executrix subject to a devastavit if A. have nor sufficient to satisfie himself shall be imprisoned for the debt A. Plaintant in Chancery for a Lease upon a Bill that affirmed the Lease to end at our Lady day An. 1604. had the same decreed for him many yeers after comming to the Lease it selfe he finds that it is not to end till our Lady An. 1605. And then moves in Chancery that he may not be forced to leave the land till that time as the decree appointed him qui constitutus est cancelâ—arius 24. Iulii ad Coronam Regis for the first he must performe the decree and then exhibit a new Bill upon the speciall matter otherwise it were perilous to blow away decrees upon motions Hil. 1. Iacobi Gosset com Crowther fol. 122. Henry Earl of Darby conveyed certaine lands in trust to Doughty his servant for payment of his debts upon mediation of an end of controversies between the daughters of Fardinand eldest son of Henry and Will his younger son now Earl Articles were set down that Will should discharge all his fathers debts whereupon Doughty conveyed the Leases to Will the creditors sue Doughty in Chancery and ordered to pursue their remedy against Earl William Hill 1. Iacobi Hearle plaintant in Chancery against Botâ—lers moâ—ther and son whose husband had bought tayled lands of Hearles brother to which the plaintant was inheritable and some of the money due upon a bond unpaid and the bond lost And the opinion of the Lord Chancellor was to charge the son the mother in regard of the land in their possession with the payment thereof Hil. 1 Iac. Nota in le case Mynn and Cobb the trust was not so fully proved as the Lord Chancellor would make a full decree thereupon so as it should be a presedent for other causes and yet so farre forth proved as it satisfied him as a private man and therefore in this case he thought fit to write his letters to the defendant to conforme himselfe to reason and affirmed that if he should find the defendant obstinate then would he rule this cause specially against the defendant sans la tires consequence Hill 1. Iacobi Nota in the case of Manwood that there behoveth not a full surrender to be expressed in the Copy but the devise is chiefely to be regarded if the surrender be perfect in the Roll of the Lord though there be no mention at all of a surrender good enough Hill 1. Iacobi Inter Swain and Rogers the case was in effect an Assize of Nusans for Rogers disturning the trenches and plucking up of stakes of Swaynes Mill Leet and making a banck or dam beneath that made the water reflow so as the wheeles could not goe and exception taken that the Court should not hold Plea thereof sed contrarium adjudicatur many causes of the same manner ended here and this specially for Rogers a great man in the country Swayne a professor of the Law who sought hereby to avoyd multiplicity of suits per Warburton Justice but upon a second hearing at the Rolls referred to a Commission of Sewers Hill 1. Iacobi Nota per Egerton Chancellor where Tenant for life the remainder for life though there lye no action of waste in Chancery yet he shall be prohibited to do waste by the Chancellor for wrong to the inhabitants and hurt to the common-wealth Hill 1. Iacobi Bloomer having married the widdow of Nanfan who had forfeited a Recognizance to the Archbishop of Canterbury for not paying of her daughters Portion intreated the Bishop of Canterbury to take a new Recognizance and discharge the former Bloomer after finding that his wives lands was intailed used meanes to have her by Fine or recovery to put it into Fee that so it might be subject to the Recognizance and hoped to get it from his wife also One Bridges his wives kinsman withstood this now dyeth the woman the Portion unpaid Bloomer is sued for it in Chancery and the opinion of the Court against him the Bishop of Canterbury had certified against him and because his counsell was not ready that day the Chancellor declared he must take the Archbishops Certificate not as a Testimony but as a judiciall proceeding and therefore willed Bloomer to satisfie the Archbishop or else he must decree against him Hill 1. Iacobi Nota that witnesses ad informand conscientiam shall never be appointed to be taken but upon hearing ubi Iudex dubitat but yet witnesses examined after publication not fit to be published may be fit to be ad informandum conscientiam if it shall be thought meet upon the hearing Hill 1. l. Daniel Hill having put in for his Clyent a long insufficient demurrer to a Bill exhibited against his Clyent in which supposed demurrer were many matters of fact and other things frivolous and vaine The Lord Chancellor Egerton awarded five pound costs against the party And ordered that neither Bill Answer Demurrer nor any other Plea should from henceforth be received under the hand of the said Hill 27. April 1. Iacobi In the case of Tenant right between Musgrave and some of his Tenants on the borders The Lord Chancellor pronounced that neither in Tenant right nor in other Coppyholds would he make any order for all the Tenants in generality but for speciall men in speciall cases nor for any longer time then the present except it were by agreement between the Lord and the Tenants which then he would decree if it appeared reasonable 8. Iunii 1. Iacobi Item that he neither would help Leases paroll in Chancery and that it was good for the Common-wealth if no Lease paroll were allowed by the Law nor promises to be proved by witnesses considering the plenty of witnesses now a dayes which were testes diabolices qui magis fame quam fama moventur 8. Iunii 1. Iacobi Lands given ad divina Celebranda by Feoffement till an Estate should be
defendant confesse he was served with a Subpoena and hath not appeared therefore an Attachment is granted Stow plaintant and Maddock defendant An. 21. and 22. Eliz. The defend and one Thomas Butcher whose Executors the said Ioane Alexander have purchased certaine lands joyntly the defend promised the said Thomas upon his deaâ—h bed hee would take no advantage of the survivorship but that the said Thomas might by his will dispose them Thomas by his will devised his part of the lands towards payment of his debâ—s therefore decreed by the assent of the defen. that the defeÌ„ should make estate accordingly Spring uxor Alexander Buthcer plaintants Vpton defend An. 21. and 22. Eliz. Robert Medigate Esq. was served with Subpoena to testifie and hath not answered to certaine interrogatories administred unto him on the plaintants behalf at the time of the executing of the said Commission excusing himselfe that he could not to some for want of certaine court Rols and to some other interogatories he referred himselfe to former depositions but doth not shew where they remaine nor when they were taken it is therefore ordered that the considerations of the depositions of the said Medigate be referred to Mr. Doctor Carew one of the Masters of this Court and if he certifie that he hath not sufficiently answered then order shall be taken that he shall directly answer the same Fish plaintant Mountford aliis defendants An. 21. and 22. Eliz. It is ordered that upon Affidavit made that the defendants dwell within the County Palatine of Chester and the cause of the Bill is to be relieved of certaine debts there the cause is therefore dismissed into the said Countrey Heyward plaintant Sherington defend An. 21. and 22. Eliz. The effect of the suit is for a Hawke and certaine evidences supposed to be come to the defendants hands and because it seemeth to the Court the matter of evidences was onely inserted to give colour to the court to hold Plea and the matter of the Hawke is no meet matter for this Court therefore the matter is dismissed Glasiers plaintant Massie defendant An. 21. and 22. Eliz. The Bill is dismissed because that Mr. Massies name was put to the same as of Councell without his privity Gristing plaintant Hore and Hore defendants An. 21. and 22. Eliz. The plaintant is adjudged to pay to the defeâ—d 50 s. costs for prosecuting processe of contempt against him and no contempt proved Wrayford plaintant Weight and Hingeston defendants An. 21. and 22. Eliz. The Bill setteth forth that Gibone one of the defendants in consideration of 286 l. did bargaine and sell unto the plaintaint certaine lands in the Bill mentioned and made unto him a deed of Feoffement and a Letter of Atturney to make livery and seizin and before livery made a Lease to Cateline who knew of the bargaine and he Leassed to Brown who knew also of the bargaine and this appearing to this Couâ—t to be true an Injunction is granted to the plaintant untill the cause should be heard and determined Ireby plaintant Gibone Cateline and Browne defendants An. 21. and 22. Eliz. A speciall Certiorare to remove a cause out of London the plaintant proveth the surmises of his Bill the defend beginneth suit in the Kings Bench for the same cause therefore stayed by Injunction Cliffe plaintant Turnor defendant An. 21. and 22. Eliz. The plaintants suite is to be relieved for a common and a Subpoena is awarded against the defend to shew canse why an Injunction should not be granted to stay the suite at the common Law Chock plaintant Chea and Wast defendants An. 21. and 22. Eliz. The matter is dismissed because the suit is for 6. l. onely Marber plaintant Kempester defendant An. 21. and 22. Eliz. The said Edmund Barker defendant maketh oath that he received a Billet of Paper of Iohn Barker his brother who affirmeth likewise upon his oath the same Billet was delivered to him by the plaintant and because upon the defendants appearance no Bill is in Court therefore 26 s. 8 d. is adjudged against the plaintant Cook plaintant Barker defend An. 21. and 22. Eliz. The Mayor of Totnes certified under his common Seale that the defendant made oath before him that he was impotent and not able to travell therefore a Commission is awarded to take the defendants answer in the Countrey Wotten plaintant Lewescomb defendant An. 21. and 22. Eliz. Dodderridge plaintant Lasty defendant upon oath made before the Mayor of Exeter of the defendants impotency and unfitnesse to travell a Commission is granted to take his answer in the Countrey An. 21. and 22. Eliz. Thomas Fursden made oath the defendant is above 70 yeares of age therefore a Commission is awarded to take his answer in the Countrey Vivean plaintant Napper alias Sande defendant Anno 21. and 22. Eliz. George Elliot made oath that all the parties are inhabitants and dwelling within the Marches of Wales and that the matter contained in the bill of complaint is for no Title of land therefore the cause is dismissed to the determination of the said Commissioners Morgan plaintant Bithell and Evon defendants An. 21. and 22. Eliz. Philips alias Phelps Long and Spincke plaintants Powell and Singleton defendants upon oath made that all the parties dwell within the jurisdiction of the Marches of Wales the cause is dismissed to be tryed there An. 21. and 22. Eliz. Forasmuch as the Bayliffes of Mountgomery have certified under their common Seale that the plaintant made oath before them for the serving of a Subpoena on the defendant who hath not appeared therefore an Attachment is awarded against the defendant Griffeth plaint Ap Edward Ap Iohn defendants An. 21. and 22. Eliz. Forasmuch as the Major of Exeter hath certified under his common Seale that the plaintant hath made oath before him for the serving of a Subpoena on the defendants who have not appeared therefore an Attachment is awarded against them Preston plaintant Smith uxor defendants An. 21. and 22. Eliz. Ap Richard maketh oath the Lands complained of is under 40 s by the yeare therefore dismissed Morgan plaintant Ap Richard and Lewis defendants An. 21. and 22. Eliz. An action upon the case commenced in the Kings Bench to the defendants dammage 100 Markes is stayed by Injunction for that her Majesty is hindred of her fine which should have been paid upon the originall Brockhurst plaintant Cotton defend An. 21. and 22. Eliz. An Action upon the case commenced in the Kings Bench to the dammage of the defendant 5 l. is stayed by Injunction for that her Majesties fine was not paid Ward plaintant Cobone defendant An. 21. and 22. Eliz. Attachment is granted for not appearing upon a Certificate by the Major of Totnes under his common Seale that Iohn King made
oath he saw a Subpoena served upon the defendant Dinnis plaintant Morgan defendant An. 21. and 22 Eliz. The plaintants Bill is to be relieved for Copyhold lands the defendant doth demurre for that the lands are Ancient demeasne lands of her Majesties Mannor of Woodstock and there onely pleadable it is ordered a Subpoena shall be awarded to the defendant to make a better answer Wilkins plaintant Gregory defend An. 21. and 22. Eliz. Upon a Subpoena in perpetuall memory the defend appearing assented to joyne in Commission so as the Lord Bacons orders touching examination of witnesses in perpetuall memory might be observed but upon motion it was ordered that the Commission should be made generall as in like cases where the parties joyne for that it seemed to the Court the Lord Bacons orders were intended to be observed where the plaintant hath a Commission alone Dominus Dacres uxor plaintants Southwell defend Anno 21. and 22. Eliz. The plaintant desired to be relieved for a Lease made by the defendant to him for yeares which the defendant endevoureth to impeach because in the premises of the Lease there is no Leassee named but onely in the Habendum and the cause being referred to the two Lord chiefe Justices and the Lord chiefe Baron they certified their opinion in Law that the Lease was good in Law notwithstanding the Leassee was not named in the premises of the Lease but in the Habendum and therefore decreed accordingly that the plaintant should hold the said Lease Butler plaintant Dodton defendant An. 21. and 22. Eliz. The case is that the Lord Wray and Sapcotes father were made executors to the use of Children Sapcotes father having gotten a great part of the testators estate into his hands deviseth divers Legacies to strangers maketh the defend his Son Executor and dyeth and the defend by answer confesseth his Father had divers goods of the first testators in his hands but said that the defendant had not goods sufficient more then would satisfie the Legacies given by his Father therefore ordered that the defend shâ—ll first pay to the plaintant the goods which were the first testators and so much of his Estate as came to his Fathers hands Wray chiefe Justice plaintant Sapcote defendant Anno 21. and 22. Eliz. The plaintant setteth forth in her Bill that she joyned with her husband in sale of part of her inheritance and after some discord growing betweene them they seperate themselves and one hundred pound of the money received upon sale of the Lands was allotted to the plaintant for her maintenance and put into the hands of Nicholas Mine Esquire and Bonds then given for the payment thereof unto Henry Golding deceased to the use of the plaintant which bonds are come to the defendant as administrator to the said Henry Golding deceased who refuseth to deliver the same to the plaintant and hereupon she prayeth reliefe the defendant doth demurre in Law because the plaintant sueth without her husband and it is ordered the defendant shall answer directly Mary Sanky alias Walgrave plaintant Goulding defendant An. 21. and 22. Eliz. The plaintant served the two defendants with one Subpoena but exhibited two Bills the defendants appeared and answered the one but not being served with any other Subpoena to answer the second departed whereupon an Attachment is awarded against them and ordered the defendants answering the second Bill be discharged of the Attachment Ap Rice plaintant Granoe Grannoe defendants An. 21. and 22. Eliz. The defendant demurred generally without shewing any manner of cause and therefore ordered that a Subpoena be awarded against him to make a perfect answer Duffield plaintant Greaves aliis defendants Anno 21. and 22. Eliz. The plaintant as sole Executor to Robert Maunder exâ—ibited a Bill against the defendants for the same matter for which the plaintant and David Gome as Executors to the same Maunder exhibited another Bill and ordered that both Bills should be referred and if both for one cause the defendants shall be dismissed from one of the Bils with costs Iohn Maunder plaintant Iohn Wright aliis defendants An. 21. and 22. Eliz. Christopher Askame hath made oath that Iohn Bleverhasset being a deponent in perpetuall Memory is dead and Iohn Harrison another of the deponents is and hath been of long time sick and not able to travell without danger of his life and that their depositions are very needful for the plaintant to be given in evidence in a matter now depending at the common Law Senhawes plaintant Senhawes aliis defendants An. 22. Eliz. The defend made oath the plaintant caused him to be served with a Subpoena the Saturday before the end of the Terme returnable the Thursday following being but two dayes before the end of the Terme he the defendant dwelling in Devonshire sevenscore miles distant from London wherefore the defend could not conveniently appear and make answer by the returne of the said Subpoena and yet neverthelesse the plaintant had procured out an Attachment against the defendant therefore and for that the plaintants Bill is but for evidences it is ordered the defend be discharged of the Attachment putting in his answer Smith plaint Weare defendant An. 21. and 22 Eliz. Upon certificate of Henry Vgheard and Thomas West two Commissioners that Thomas Marshall one of the defendants witnesses being warned by precept from them refused to appear before them and that Roger Taylor another witnesse appeared but refused to be examined because he sollicites the plaintants cause it is therefore ordered that the defendant shall examine before one of the examinors of this court before the end of this Terme as well the said Roger Taylor upon any Interrogatory which shall not be touching the secrecie of the title or of any other matter which he knoweth as sollicitor onely as also the said Marshall or any other necessary witnesse whereof the defendant shall first set down their names so that the plaintant may likewise examine them if he will Kelway plaintant Kelway defendant An. 22. Eliz. It is informed that the plaintant exhibited his Bill without a Councellors hand or retaining an Attorney and the same is for matter formerly decreed therefore ordered if cause be not shewed to the contrary and if the Bill be to bring the matter in question that was decreed then it is ta be dismissed Bingham plaintant Warren defendant Anno 22. Eliz. The defendant demurred upon the Bill for incertainty which was certaine enough And also for that all the parties are dwelling within the Jurisdiction of the Marches of Wales which is no cause of demurrer for title of Lands therefore ordered if cause be not shewed a Subpoena is awarded against the defendant to answer Keyes plaintant Hill uxor Defendants Anno 22. Eliz. The plaintant exhibits his Bill touching a practise and mis-behaviour supposed by the plaintant to be used by the