names come to his knowledge which formerly he had not knowledge of therefore ordered he may examine them before the examinor ad informanduÌ„ conscientiam Iudicis The plaintant comming to the defendant shewed him a Writ but did deliveâ— him neither note of the day of his appearance neither did the same appear unto him by the Schedâ—le labell or any other paper and the defendant appearing found no Bill It is ordered the defendant be allowed good costs and an Atâ—achment against the plaintant for such serving Brightman plaintant Powtrell defendant Anno 19. Eliz. The plaintant called the deâ—endant dwelling in the County Palatine of Châ—â—ter by processe to anâ—â—er a Bill for lands lyiâ—g in the said County Palatine contrary to a generall order lately certified into this Court by her Majesties appointment touching the said County Palatine according to the said generall order Willoughby plaintant Brearton defendant An. 19. Eliz. The plaintants Bill is that he leassed a house to the defendant and did covenant to build and repaire it before a day which being at hand and shewed that he had prepared Timber and workmen to performe the same but the defendant as well to have him breake his Covenant as to free himselfe from his Covenant to keep it in reparations did interrupt and threaten the workemen whereby they durst not proceed to repaire and so the houses are decayed and the plaintant hath no remedy to force the defendant to suffer him to repaire the defendant demurred upon the Bill alleadging the plaintant hath sufficient remedy by Law which kind of answer this Court alloweth not therefore a Subpoena is awarded against the defendant to answer Wood plaintant Tirrell defendant Anno 19. Eliz. Where it appeared by a Booke heretofore presented to the Queenes Highnesse under the hands of Sir Iames Dyer Knight Lord chiefe Justice of the commou Pleas Mr. Justice Weston late a Justice of the same Court Mr. Justice Harpar late another Justice of the same Court and Mr. Justice Carus late a Justice of her Majesties Bench and remaining by force of her Majesties Warrant of Record in the Court of Chancery touching the Jurisdiction of the County Palatine of Chester that before the raigne of King Henry the third all Pleas of Lands and Tenements and all other causes and contracts and matters residing and growing within the said County Palatine of Chester are pleadable and ought to be pleaded and heard and judicially determined within the said County Palatine of Chester and not elsewhere out of the said County Palatine and if any be heard pleaded or judicially determined out of the same County then the same is void and coram non Iudice except it be in case of error Foraign Plea or forraigne voucher and also that no inhabitant within the said County Palatine by the Lawes liberties and usages of the same be called or compelled by any Writ or processe to appear or answer any matter or cause out of the said County Palatine for any the causes aforesaid as by the said Book among other things more at large appeareth and where now of late the plaintant hath exhibited a Bill of complaint into this Honourable Court for and concerning certaine lands and tenements lying within the said County Palatine and hath taken processe against the said defendant in that behalfe who hath thereupon appeared and by his Councell made request to this Court that for the causes aforesaid the matter here exhibited against him might be from henceforth dismissed wherefore forasmuch as William Sayler hath made oath that the said lands doe lye within the said County Palatine and that the said defendant is inhabiting and dwelling within the said County therefore the said cause is from henceforth dismissed and remitted to the Chamberlaine of Chester and other her Majesties Ministers there according to the Tenour of the same Booke Wllloughby Miles plaintant Brearton defendant An. 19. Eliz. Iearvise Wheatly made oath for the serving of a Subpoena upon the defendant to testifie on the behalfe of the plaintant at the Guildhall in London who hath not thereupon appeared therefore an Attachment is awarded against him Batt plaintant Rookes defendant An. 19. Eliz. A Bill was exhibited by the plaintant against Roger Haule supervisor of the last will of Thomas Clifton and one Roger Haule was served with processe that was no supervisor of the said Cliftons will and alleadged that the said Roger Haule who was the supervisor was dead and ordered the defendant shall put in his allegation upon oath by way of Answer and then desire Judgement whether he shall be compelled to answer the said Bill or not and therein pay his costs for his wrongfull vexation which shall be thereupon allowed to him Harrison plaintant Haule defendant An. 19. Eliz. The plaintants are adjudged to pay to the defendants 20 s. costs comming upon processe of Subpoena to testifie on their behalfe and having no charges tendered unto them nor any interrogatories put in for them to be examined upon Pearce and uxor ejus plaintants Crawthorn and White defendants Anno 19. Eliz. Lawrence Hide gentleman being called upon by processe by the plaintant to testifie informed this Court that he was ready to depose so that he might first have his costs to him allowed which this Court thought reasonable Belgraâ—e plaintant Edward Earle of Hertford and William Drury deâ—endants An. 19. Eliz. Thomas Hawtry gent was served with a Subpoena to testifie his knowledge touching the cause in variance and made oath that he hath been and yet is a Sollicitor in this suite hath received severall Fees of the defend which being informed to the Master of the Rols it is ordered that the said Thomas Hawâ—ry shall not be compelled to be deposed touching the same and that he shall be in no danger of any contempt touching the not executing of the said processe Berd plaintant Lovelace defendant Anno 19. Eliz. The plaintant exhibited his Bill as well in his own as in his wives name concerning a promise made by the defendants to the plaintant and his wife to make them a Lease of the Mannor of Appescourt during their lives the defendants demurre for that the plaintant ought to have a Bill of Revivor against them for that his wife is dead since the Bill exhibited which cause of demurrer this Court alloweth not for that the promise was made during the Coverture and the plaintant claimeth not the same in right of his wife therefore the defendants are ordered to answer directly to the Bill Thorne plaintant Brend Wilkinson and Alice defendants Anno 19. Eliz. Austen plaintant Vesey defendant the defendant is served with a Subpoena to testifie and for that it appeared by Affidavit that he was Sollicitor in the same cause to one of the parties he was discharged and not admitted to be examined An. 19. and 20. Eliz. Hartford plaintant Lee and Alice defendants the
is ordered the plaintant shall between this and Friday next bring into this Court a certificate from the officers of the Queens house or otherwise whereby this Court may credibly understand that his attendance in Court is necessary and that he cannot conveniently be absent or if he cannot so doe then the matter is remitted to the determination of the Commissioners in the marches of Wales Phillip Mannering plaintant Henry Smallwood and Alice defendants Anno 1. Eliz. fol. 51. Mannering plaintant Smallwood and Alice defendants for want of a certificate that the plaintants attendance in Court is necessary the cause is dismissed into the marches of Wales Anno 1. Eliz. fol. 62. The plaintants husband was bound in a Statute of 160 l. to pay 160 l. and after by Indenture the defendant did grant unto the plaintants husband that if he failed in the payment of the said 160 l. the same should be levyed of certaine lands then the said plaintants husbands lands called Stirbeck and some other lands specially named lying in Hawthorne in the County of Lincolne the husband dyed and the defendant sued execution as well of other lands in the occupation of the plaintants late husband as of the said lands mentioned in the Indenture And Sir Nicholas Bacon Lord Keeper of the great Seale of England granted an injunction against the defendant immediately to remove from the possession of all the other lands except of those onely contained in the Indenture and that he should quietly suffer the plaintant to enjoy the same Margaret Pulvertost widdow plaintant and Gilbert Pulvertost defendant Anno 1. Eliz. fol. 51. An Injunction was granted to the plaintant upon the surmises of his Bill with this clause si ita sit that the plaintant be in possession by good conveyance in Law as he alleadgeth Nota it was then usuall to grant Injunctions upon surmises with a proviso si ita sit Fodringham Christopherus plaintant Richard Chomeley defendant Anno 1. Eliz. fol. 67. Forasmuch as the defendant is under age and by inspection not above the age of fifteen yeers therefore George Wyat is by this Court named and appointed Gardian to the defendant Hugh Langley plaintant and Philip Mark defendant Anno 1. Eliz. fol. 73. A Commission is awarded to the Sheriffe of Nottingham and â—erby to put the plaintant in possession of certain lands for which he formerly had an Injunction against the defendants which they have disobeyed William Boles plaintant Richard Walley and Alice defendants Anno 1. Eliz. fol. 84. The defendant is enjoyned in open court upon paine of 200 l. not to proceed any further in an action upon the case by him commenced in the Kings Bench against the plaintant nor that he procure the Jury to be sworne in the issue but onely to record their appearance untill to morrow at which time further Order shall be taken by the Court George Riche plaintant Edmond Foard defendant Anno 1. Eliz. fol. 88. Upon information the defendant disobeyed a writ of subpoena brought to be served against her and that they which should have served the said writ were beaten and wounded therefore an Attachment was granted against the defendant and a subpoena against Edmond Pirton returned immediate William Rove and Rose his wife plaintants Agnes west widdow defendant Anno 1. Eliz. fol. 90. and 97. Where the said Edward Pyke hath of long time been aâ—d yet is in execution upon a Statute at the suite of the late King Edward the 6. Forasmuch as upon the examination of the matter befoâ—e the Lord Keeper of the Great Seale of England in open Court it manifestly appeareth that there was not just cause why the said Pyke should remaine in execution as Gâ—lbert Gerrard and Rosewell Esquire the Queenes Majesties Attorney and Solliciter Generall being present did confesse and agree It is therefore now ordered that a Writ of supersedeas be directed to the Warden of the Fleet in whose custody the said Pyke now is commanding him by the same forthwith upon the receipt thereof to deliver out of prison the body of the said plaintant provided alwayes before his deliverance he be bound to her Majesty by Recognizance in 100 l. not onely to make his further appearance to answer her Highnesse any thing hereafter shall happen to be laid to his charge concerning the said execution but also to stand to and obey all such order and determination as the said Lord Keeper of the Great Seale and this court shall hereafter take in the matter in variance between him and the said Graunt Edward Pyke plaintant Robert Graunt defendant Anno 1. Eliz. fol. 166. Pakine the Husband onely appeared and put in a demurrer in both their names without oath of impotency or otherwise for non appearance of Ioan his wife whereupon an Attachment is awarded against the defendants Thomas Spicer and Katherine his wise plaintants Iohn Pakine and Ioanâ— his wife defendants An. 1. Eliz. fol. 170. Thomas Hodge plaintant William Smith defendant the defendant demurred by his Counsell not appearing in person therefore a Subpoena was awarded against him to make a direct answer An. 1. Eliz. fol. 230. Iohn Iackson Attorney for the defendant at the common Law is in open Court enjoyned that neither he nor any other by his means do further proceed in an action of tresp commenced against the plaint and depending at the coÌ„mon law nor call for Judgement untill further order shall be therein taken by the Lord Keeper of the great Seale of England and high Court of Chancery Iohn Sedgewick and Alice plaintants Will Redman defendant An. 1. Eliz. fol. 212. The plaintant served the defendant with a Subpoena to appear in Chancery whereof he made oath and because the defendant did not appear and Injunction was awarded against the defendant his Councellors and Attorneyes upon paine of 200 l. not to proceed in Judgement in an action of debt of 40 l. in the common Pleas against the defendant An. 1. Eliz. fol 213. Thomas Knot plaintant Thomas Iackson defendant David Eyre was served with a Subpoena ad testificandum for the plaintant in a cause depending in this Court and Thomas Eyre made oath that the said David Eyre was at the serving of the said Subpoena upon him and yet is so sick that he is not able to travell hither to testifie therefore a Commission is granted to such Commissioners as the plaintant will nominate to examine him Iohn Wade plaintanr Gwye and Alice defendant An. 1. Eliz. fol. 240. An Attachment was awarded against the defendant for his not appearance upon oath he was served with a Subpoena who now appeared gratis and would have excused himselfe that he had no notice of the Subpoena but he that served the Subpoena deposed he did hang the same upon the defendants doore and within halfe an houre after saw him abroad with a writ in his hand which he supposed to be
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
Subpoena 93 Defend wife examined as a witnesse 94 Deeds neglected to be inrolled Sub. to shew cause why not 97 Decree for the plaintant and yet put out of possession by the defendant 104 Defend departing without license an attach. against him 104 Def. discharged of the Attach the Sub. being counterfeit 104 Defendant licensed to depart after answer in a Writ of the priviledge 106 Defend committed for a rescue brought his action for a false returne 92.106 Demurrer without shewing any cause ordered to answer 107 Debt for 5 l dismissed 108 Dismission for that they have bin in possession 100. years 110 Day given to defend to rejoyne 111 Def. not to answer till a counsellors hand be to the Bill 112 Dismissed the lands being under 40 s. per annum 112 Demurrer generally ordered to answer 113 Defend charged upon account shall not answer upon promise shall 113 114. E. EXtents Law no reliefe in Chancery 5 Equitas sequitur legem 11 Executor not to release without his copartners 15 Executor not to answer without his copartners 15 Executors how upon trust 21 Executors husband ordered to pay debts 24 Entring decrees and dismissions 34 F. FInes recoveries c. the Lord Chancellor will not question 4 Feoffees to use 10 Feoffee dying no remedy against his heire 10 Feoffee shall doe acts for the feoffors good 10 Fraud in goods 18 Feoffee to retain the Land to his own use 11 Fraud upon fraud 13 Feoffee punishable for makeing estate 13 Forced to sue an obligation 15 Fines fraudulent 20 Fines of Copyholds 27 Fraud by making a Lease after a feoffment and before livery and seizin 82 Feme sole sueth out a Subpoena and the same day is married dismissed with costs 98 Feme covert whose husband is in the Gallies must answer matter of equity 100 101 Feb. 20. Dyed Sir Nicholas Bacon 12. April Sir Thomas Bromely had the seale delivered 108 Feme covert sueth for maintenance 87 G. GIving day to one it shall help the other 1 Greater part of debt paid and the rest offered reliefe here 2 Goods of felons difficult to prove a Subpoena 15 Grand lease forfeited by coven reliefe for it 18 Generall customes reduced to certainty 21 Grantee distraines one ordered to sue the rest 23 H. HElp against executors 12 Heire of purchasor to pay money behind 25 Husband appears and demurrs the wife not Attachment 39 Husband appears the wife not Attach against them both 65 Habeas corpus to the warden of the Fleet to have the defend in Court to be charged with a debt 71 Heire sued to make a lease for which his elder brother took a fine or to repay the same 77 I. JUdgement not to be examined here 3 Iuramentum delatum a partâ— 11 Intent specified in a feoffment 11 Justifying the detaining of evidences 16 Joyntenants one taking the profits 21 Judges called into the Exchequer Chamber about a lease 32 Injunction to deliver goods 34.61 Injunction to stay proceedings at Law 36 Injunction for possession as at the time of the Bill 36 Jurisdiction of Wales rejected 36 Injunction to stay suite according to promise 37 Injunction with a clause si ita sit 37 Injunction for not appearing and to stay suits 40 Injunction to discharge execution 41 Injunction for possession 45 Injunction for possession as at the Bill 3 yeeres before 47 Injunction upon Certificate of Justices of Assize 49 Injunction dissolved if cause be not shewed 49 Injunction because the defendant began first in Chancery 50 Injunction for Corne sowed upon a Lease paroll 51 Jurisdiction of Oxford rejected 55 Jurisdiction of Lancaster alloweds 56 Injunction disobeyed an Attachment 58 Jurisdiction of Chester allowed 59 Jurisdiction of Oxford allowed 65 Jurisdiction of the Exchequer rejected 67.68 Injunction against the spirituall court 73 Jurisdiction of Oxford allowed 73 Jurisdiction of Wales allowed 74 Injunction to stay Judgement in an action of waste 76 Injunction to stay suits because the Queene was not paid her fine 77 Jurisdiction of Chester allowed 82 Jurisdiction of Wales allowed 84 Injunction for defrauding the Queene of her fine 85 Jurisdiction of the Mannor of Woodstock overruled 85 Jurisdiction of Wales overuled 89 Jurisdiction of Wales admitted 92 Jurisdiction of the North allowed 95 Jurisdiction of the Exchequer disallowed 96 Jurisdiction of the Dutchy of Lancaster allowed 97 Jurisdiction of Wales not allowed for a promise 99 Injunction left at the defendants house and disobeyed an Attachment 101 Jurisdiction of Wales allowed 102 Injunction to stay suit at common Law 105 Jurisdiction of Chester allowed 109 Injunction to stay suit at common Law 112 Injunction to stay suit of Quo Minus in Exchequer 113 Injunction to stay suits at common Law 113 L. LEases dammages in waste moderated 2 Lease in paroll no help in Chancery 7 Lease for 1000 yeares no help 8 Lands sold in two Counties livery made in one 17 Leassor to have the woods excepting fireboot c. 17 Leases devised to his wife to come to his sonne 22 Leases conveyed in trust to pay debts 25 Lease paroll no help 27 Lands intended for a Schoole otherwise given by will 28 Leases of corporations their names mistaken 31 Leases holpen against Patentees 32 Leassee of a Copyholder punishable in waste though the Copyholder himselfe be not 63 Lord Chancellors Letters to a Noble man that had broken a decree to performe the same 73 Leassee not named in the premises decreed 86 Liberty for a common Fishing 104 M. MUlier and Bastard 4 Marriage portion recovered and reversed holpen 8 Money given to buy Lands 10 Money paid upon a single Obligation 17 Messuage cum pertin. carries the Land used with it 18 Mannor demised except court Baron 18 Mulier and Bastard Joyn 20 Misdemeanor in Courts reformed 30 Man and wife plaintants she dyes no Bill of revivor but he must answer 62 Money paid for a reversion which could not be enjoyed ordered to repay it 93 N. NVdum pactum no help here 5 No reliefe against his own deed 14 No seizin of rent-seck no help here 5 No reliefe against a voluntary act 21 No help touching power to make Leases 29 No witnesses to be examined till the defendants have put in their answer 93 No costs upon a disclaimer 109 New Commission to examine witnesses not appearing at a former Commission 111 Not to extend one mans Land onely where many are subject 111 New Commission to the defendant and publication staid 112 O. ONe Deed by which two claime 15 Oath for serving a Subpoena before witnesses examined in perpetuall memory 34 Order for evidences 43 One Executor sueth the other to put in sureties to perform the Will 79 One Executor gets the estate and dyeth the other sueth his Executor 86 One Subpoena against two defendants and two Bills put in ordered to answer both 87 P. PAyment after the day holpen upon bonds 1 Payment without acquittance 2 Purchasor of parcell not subject to the whole rent charge 2
Possession sororis for the heire collaterall 5 Possession of the Mother for the Heire collater 6 Payment of creditors out of a Coppyhold 7 Perpetuities no help 8 Purchasor better then a surety in case of reliefe 13 Power to make Leases 21 Payment by the surety 19 Possession bound by decree 23 Plaintant mistaking his Title in his Bill 24 Proceeding where there is no proofe 25 Publication of witnesses in perpetuall memory a yeare past 33 Publication of witnesses to be used in a Court Baron 35 plaintant in execution at the suit of the King delivered by supersedeas 39 Plaint bringing 223 l. in Court execution to stay for the rest 47 Plaint distraineth after replication therefore an Injunction 48 Plaint in execution upon Statute delivered upon recognizance 50 Plaint to take execution for 100 l. of a Judgement of 300 l. 51 Plaint married before answer no Bill of revivor 52 Plaint sueth for tokens delivered as a suitor in marriage 54 Prosecuting contempts after a generall pardon payeth costs 56 Plaint to make one a party whom the defendant prayeth in ayde 57 Plaintant requires one to appeare in the Queens name costs 68 Prohibition for Tythes of Lands held in capite 79 Plaint enters upon the defendants possession an Injunction or dismissed 98 Prohibition for tythes parcell of the Dutchy of Cornewall consultation 98 Perjury for making oath one of the same name sued and discharged 99 Plaint to shew where he had his counterfeit Writs 107 R. RAvishment de guard a Subpoena 9 Release of Joint feoffee 14 Reliefe for a trust upon a Lease 76 Rent reserved and paid the heire ordered to pay it 92 Rent charge upon severall men Lands and levyed upon one an Injunction is granted 22 S. SUing in a wrong County ayde for the plaintant here 2 Statute Lands priority sans coven 8 Survivor in joynt Tenancy 9 Suerâ—y chargeable and not in some cases 12 Supply of true meaning in feoffments 16 Statute acknowledged in my name 22 Statute for charitable uses 28 Subpoena to appear before the Major of London 43 Sheriffe amerced for return non est inventus 44 Setting down depositions in a wrong sence 47 Subpoena delivered to the defendants wife 54 Subpoena hanged on a dore where the defend resorted 56 Suit to have the defend performe an award 57 Subpoena to testifie Attachment for not appearing 61 Soliciter served to testifie ordered not to be examined 62 Soliciter served to testifie is discharged 63 Suit to have an award decreed 64 Suit for common of pasture 64 Subpoena delived to the defendants servant 65 Suit retained after Judgement and execution 74 Subpoena delivered to the defendants wife 78 Suit for 10 s. rent per annum dismissed 80 Suit for a hawke and evidences dismissed 82 Suit stayed in the Kings Bench removed from London 83 Suit for common 83 Svbpoena served within two dayes of the Termes end 88 Soliciter ordered to be examined with caution 89 Subpoena left in the defendants Hall Attachment 91 Server of a Subp. imprisoned attach against defend 91 92 Subpoena shewed and offered attach for not appearing 94 Suit upon a promise to surrender a Lease dismissed 95 Subpoena to testifie where no suit is discharged 95 Subpoena cautiously served attachment against the plaint 96 Suit for Hay c. not worth 40 s. dismissed 103 Suit for poor under 40 s. per annum retained 103.107 T. TEnant right fines how paid 6 Things left to the conscience of the party 12 Tenant of the land uncertaine a Subpoena 16 Tenants in common to know the certainty 16 Turning of water courses 26 Two contend for a tenant the Tenant paying his rent in court 46 The server of a Subpoena payeth costs 64 Trustee to convey the Lands according to the trust 67 Two joyntenants the one dies the other to make estate 81 Two executors exhibit two Bills answer one the other dismissed 88 U. VOyd limitation del Lease in volunt 9 Uses of Gavelkind land 11 Vendee against one appointed to sell him Land 14 Variance in a Bill of revivor from the first Bill disallowed 55 W. WArranty Collaterall no remedy 5 Wager of Law no help 5 Where remedy at Law no help here 15 Waste holpen here and no remedy at Law 19 Waste forbidden here and not punishable at Law 26 Witnesses ad informandum conscientiam 27 Witnesse served to testifie pressed for a Souldier 41 Writ of priviledge granted to a Sutor 43 44 Witnesses examined before answer 48 Witnesses examined by fraud suppressed 56 Witnesses taken after publication ad informand conscien 58 Wife after the death of her husband sueth a Bill of revivor 70 Witnesses that answer insufficiently againe examined 81 Witnesses examined in perpetuall memory moved to use their testimony 88 Witnesses examined before the Towne Clarke of York suppressed 91 Witnesses examined 1. and 2. P. and Mary ordered to prefer a Bill for publication 94 Witnesse not able to travell discharged 99 Writ of priviledge disallowed 102 Reports in Chancery IF a man be bound in a penalty to pay money at a day and place by obligation and intending to pay the same is robbed by the way or hath intreated by word some further respite at the hands of the Obligee or commeth short of the place by any misfortune and so failing of the payment doth neverthelesse provide and tender the money in short time after in these and many such like cases the Chancery will compell the Obligee to take his principall with some reasonable consideration of his dammages quantum expediat for if this was not men would doe that by covenant whiâ—h they do now by bond The like favour is extendable against them that will take advantage upon any strict condition for undoing the estate of another in lands upon a small or trifling default So if two be joyntly and severally bound to pay money and the obligee will give longer day or other favour to the one and then will sue the other for the debt he which is sued shall sue in Chancery 9. E. 4.41 A man payeth debt upon a single obligation without taking acquittance therefore this will not discharge him at the common Law but he shall be relieved therein in Chancery quare 22. F. 4.6 By the parties oath but not by witnesse If a man fell Trees upon the Lands of a Lessee for life and the Lessee recovereth dammages amounting to the treble value that he ought to answer to his Leasor in waste and the Leasor dyeth before any recovery in waste now the Leassee shall not be suffered to take those damages himselfe being so discharged of them but shall be restrained in Chancery Doctor and Student 33.34 and 40. If the obligee have received the most part of the money payable upon the obligation at the peremptory time and place and will neverthelesse extend the whole forfeiture immediately refusing soone after the default to accept of the residue tendered unto him the obligor may find
the cause to be dismissed Iohn Fyfield plaintant Iohn Vinore and Alice defendants An. 2. Eliz. fol. 122. The plaintant at the day appointed for hearing appeared not therefore the defendant is dismissed with costs Richard Fincham plaintant William Backwood defendant An. 2. Eliz. f. 125. The defendant notwithstanding an Injunction delivered unto him got a Judgement upon an action of debt in the common Pleas and decreed upon the hearing of the cause that the defendant shall within 14. dayes next after the decree resort to the Record in the common Pleas whereupon the said judgement is entered and there to confesse of record a full satisfaction of the said Judgement Nota the action of debt in the common Pleas was for not delivering to the defendant a Statute which by the depositions of witnesses appeared to be delivered and by the Clarke of the Staples cerficate the record was discharged Nicholas Colverwell plaintant Ralph Bongey defendant Anno 2. Eliz. fol. 126. It is decreed the plaintant his heires and assignes and his or their Farmors of the said Farme or Tenement called Stubles shall from henceforth hold and enjoy as appendant to the same Farme or Tenement called Stubles all the same Fould course or common of pasture for the full number of 300 sheep within the said fields of Wentforth alias Wentford Basill Fielding and Alice plaintants Thomas Wren defendant Anno 2. Eliz. fol. 137. and 155. The plaintant exhibited his Bill thereby shewing that there is question and controversie between two defendants for the reversion of the Mannor of Aldwell which he holdeth for yeares by Lease made thereof to him by one Anthony Marmyon and that he doth not know to which of them the rent and reversion is due and therefore desireth that upon payment of his rent into this court according to the Covenants and articles of his lease he may be discharged saved harmelesse from molestation suite and trouble for the same rents by the defendants or either of them wherefore it is ordered an Injunction be awarded against the defendants not to molest the plaintant for his said rent during the said contention so as the plaintant pay his rent into this Court Iohn Alnete plaintant Christopher Bettam and Edmond Marmyon defendants Anno 2. Eliz. fol. 141. Upon hearing of the matter three witnesses examined by Commission did in open court depose that the commissioners have set downe their depositions otherwise then they did depose therefore it is ordered those depositions shall be void and the same witnesses shall be examined again Iohn Peacock plaintant Edward Collens defendant Anno 2. Eliz. fol. 146. For that the Court was credibly informed the plaintant was in peaceable possession at the time of the Bill exhibited and three yeares before an Injunction is awarded Iohn Sapcote plaintant William Newport defendant Anno 2. Eliz. fol. 173. The suite was concerning the custome of Tenant right for Lands in Dent in the County of Yorke and for that both parties confessed that Justice Dallison and Serjeant Rastall Justices of Assizes in that County had made an award in the cause between the parties therefore it was decreed that both parties should performe it and an Injunction is granted to either party against the other for that purpose and where an Injunction was the last Terme granted against the defendant for stay of execution upon a Judgement in the common Pleas it is ordered the said Injunction shall stand in force and the defendant shall obey the same and the defendant shall answer the plaintants Bill William Burtet and Alice plaintants William Redman defendant An. 2. Eliz. fol. 174. It is ordereâ— the Injunction formerly granted the defendant for stay of his action in the Kings Bench be dissolved and the defendant to be at liberty to take Judgement upon his action of bebt of 500 l. Provided if the plaintant doe bring into court on Munday next 223 l. then execution for the rest is to be suspended untill this Court take other order Thomas Stanebridge plaintant Thomas Hales defendant An. 2. Eliz. fol. 176. The plaintant exhibited his bill in this Court and before the defendant answered had a Commission to examine his witnesses upon pretence the witnesses were old and in danger to dye Sir Radnus Bagnold Miles plaintant Greene defendant An. 2. Eliz. fol. 178. The defendant first exhibited her Bill in this Court for land conveyed to her in joynture and evidences of the same land and after did molest the same plaintant by distresses after answer and replication put into this Court therefore an Injunction is granted Richard Kidnere plaintant Agnes Harrison defendant An. 2. Eliz. fol. 173. The plaintant setteth forth that his Father and he are joyntly seized for life of the Lordship of Barrington in the County Palatine of Durham and that the defendant sues his Father for those lands before the Chancellor of Durham and for that it was informed that the plaintant dwelleth in Ratcliffe in the County of Middlesex and that the plaintants Father is an old diseased man and not able to follow his suite therefore a Certiorare is granted directed to the Chancellor of Durham to certifie into this Court the whole matter depending before him William Hilton and Alice plaintants Râ—â—â—rt Lawson and William Lawson defendants Anno 2. Eliz. fol. 200 l. The plaintant being sonne and heire to his Father who dyed intestate entred into the house whereof his Father dyed seized in Fee and possessed himselfe of certain small parcels of goods to the value of 5 s. of his Fathers goods who dyed intestate and the defendant having an Obligation of 400 l. made by the Father unto him for performing the covenants of an Indenture sued the son as Executor to his Father who dyed intestate and upon the testimony of some witnesses that the plaintant had sold or given away the said small parcels of goods a verdict passed for the defendant for the whole 400 l. which appeared by Certificate of the Justices of Assizes and thereupon an Injunction was granted to stay Judgement and all other actions to be commenced by the defendant against the plaintant upon the same Obligation untill the matter be heard or otherwise determined by the Court Edward North plaintant George Keâ—ewich defendant Anno 2. Eliz. fol. 237. It is ordered if the defendant shew not cause on Friday next then the Injunction before granted for the defendant against the plaintant to stay his Execution in the Kings Bench shall be dissolved or else the money for which the plaintant lyeth in Execution at the defendants suite shall remaine in his hands in part of payment of such money as is due unto him by the defendant and afterwards upon Fryday because the Lord Keeper did not sit in Court to hear such cause aâ— was offered further day was given and afterwards the plaintant was left at liberty to call for Execution upon the Judgement because
sollicitor of one of the parties was served with Subpoena to testifie in the cause in controversie and the Court discharged him by reason he was solliciter in the cause An. 20. Eliz. The plaintants Bill was for that he being a Coppyholder Leased to the defendant for years and the defendant hath digged gravell and sold the same away whereby the Coppyhold is prejudiced the defendant justified for that the Copyholders are not punishable in waste which cause this Court alloweth not of for though the Copyholders of the mannor are not punishable yet the Leasses of Copyholders of the Mannor are punishable therefore a Supoena is awarded to shew cause why an Injunction shall not be granted for staying his digging of gravell and felling Woods upon the Copyhold Lands Dalton plaintant Gill and Pindor defendants Anno 19. Eliz. Whereas the plaintant exhibited his Bill against the defendant for wilfull perjury the defendant hath demurred which this Court alloweth not of It is ordered a Subpoena be awarded to the defendant to answer Thomas Woodcock plaintant Giles Woodcock defendant An. 19. Eliz. Whereas there was an award in writing exhibited into this Court made between the said parties by Sir Christopher Wray Knight Lord chiefe Justice of England whereunto the Lord chiefe Justice hand as well as the parties are subscribed it was requested by the plaintants the same might be decreed by this Court which this Court refused to grant untill the defendants were made privy therefore processe is awarded Wakefield Vxor Aliis plaintants Hawson Vxor Aliis defendants An. 19. Eliz. The suit was to stay suit in the spirituall Court for a Legacy of 40 l. Ioan Banvill widdow plaintant Guy Banvill defendant Anno 19. Eliz. The suite was for common of pasture and Turbary the defendant demurred for that the plaintant may have remedy at the common law but ordered to answer Lawrence and Moregate Aliis plaintants Windham defendant An. 19. Eliz. Robert Goodwine made oath that at such time as he came to the house of the defendant to serve a Subpoena upon him according to an order of the 10. of May last one of his servants came forth and told him he was within who thereupon delivered the Writ to be delivered to the defendant his Master Goodwine plaintant Sullyard defendant An. 19. Eliz. The defendant made oath that he was served with a Subpoena by the plaintant in the name of one William Web utterly unknown to the defendant and now upon his appearance no Bill in Court against the defendant in the name of the said William Web or of the plaintant therefore 30 s. cost is awarded against the plaintants An. 19. Eliz. Forasmuch as the said Abel one of the defendants appeared and answered the last Terme and his wife did not therefore an Attachment was awarded against them both Monox plaintant Abel and his wife defendants Anno 19. Eliz. Whereas there was this present day exhibited into this Court a certificate under the Seale of the university of Oxford on the defendants behalfe testifying and declaring that the Chancellors of the said university and their successors from the time whereof the memory of man is not to the contrary as well by graunt and consideration of her Majesty as of her Majesties noble progenitors sometimes Kings of this Realme have had the cognizance and finall determination of all manner of Pleas strifes quarrels and controversies whatsoever Felony Maine and Franketenant onely excepted rising and growing as well within the precinct of the said City of Oxford as without within the Realme of England whereas one of the parties within the said suit action or plea is a Master or Schollor or common Minister of the same university or such a person as the Chancellor Vicechancellor Lieutenant or Commissary will certifie ought to enjoy the priviledge of the same university and that the same persons upon the shewing forth of the said certificate in any Court where they are impleaded ought to be discharged out of the same Court forasmuch as it appeareth by the said certificate that the said defendant who is brought up by a Subpoena to answer a Bill exhibited by the plaintant into this Court is a Batchelor of Law in the same university and for that also it appeareth by the plaintants said Bill of complaint that the matter therein contained is onely for certaine promises supposed to be made by the defendant to the plaintant touching certaine Goods Chattels and money therein mentioned and not Franktenement or any matter before excepted It is therefore ordered that the said defendant be of and from the said Bill of complant and matters therein contained from henceforth clearly and absolutely dismissed and the plaintant referred to take his remedy for the same before the Chancellor Vicechancellor Lieutenant or Commissary of the said University of Oxford according to the Tenor of the said Certificate Temple plaintant Foster Doctor of the Civill Law defen. Anno 19. Eliz. Thomas plaintant Mounson defendant produceth a Certificate of the University claiming jurisdiction of the same University therefore the cause is from hence dismissed to be tryed and determined there An. 19. Eliz. The plaintant in the end of Easter Terme by Master Griffeth his Attorney required the defendant to proceed to Commission for examining of witnesses and the defendant was ready to joyne sithence which time the plaintant contrary to the order of this Court as they alleage hath produced one of the Masters of this Court and one of the examinors to travell to the plaintants house in Wiltshire 60 miles distant from London there hath examined witnesses it is ordered that publication be stayed untill the matter be examined after publication is granted Darrall plaintant and Stukey defendant An. 19. Eliz. The plaint Father did purchase in Fee-Farm to him and his heirs the Mannor of Long Eason in the County of Deâ—y of one Kymwelmarch rendring 8 l. rent with a condition of reentry for non payment of the rent deviseth the Land to another for life A ducens tecum for the evidences An. 19. Eliz. Forasmuch as the defendant hath appeared in this court upon an Attachment of priviledge and attended from day to day according to his Bond made in that behalfe and hath also pleaded an issue to the plaintants Declaration therefore the defendant is licensed to depart Dugdell plaint Orrell defend An. 20. Eliz. The defend by his Answer confesseth he was joynt purchasor in trust with the plaintants Father to them two and to the heires of the plaintants Father of the Lands in question and that he never received any profits thereof and that he meant at the plaintants full age to convey the Lands to the plaintant and his heires according to the trust it is ordered and decreed the defendant shall forthwith upon notice to him given convey his Estate in the Lands to the plaintant and the Heires
The matter complained of by the Bill is for 5 l. debt for Fish therefore dismissed Foord Foord plaintants Richards defendant Anno 21. Eliz. Symonds Brocebridge made oath that the said Elizabeth and Anne two of the defendants are above the age of 70. yeares a peece and that the said William was comming up to London in his company and they were both robbed and William his horse taken from him whereby hee could not come to make his appearance therefore a Commission is granted to take all the said defendants answers in the countrey Hill plaintant Elizabeth Worley widdow William Stapleton and Anne his wife defendants Anno 21. Eliz. Memorand that the 20. day of February last Sir Nicholas Bacon Knight Lord Keeper of the Great Seale of England dyed at York house and the Seale being the same day sent for by the Lord Treasurer remained with the Queenes Majesty till the 12. day of April last on which day the same was delivered to Sir Tho. Bromly Knight Lord Chancellor of England Paschae 21. Eliz. Whereby an order of the 10. of Feb. last a Subpoena was awarded against the defendant to shew cause wherefore an award therein mentioned should not be ratified Now Mr. Flowerdew of councell on the defendants behalf informeth that the said award was not made by any order of this court and therefore desired that the said defend may not be compelled to performe the same It is ordered that Councell on both sides shall attend the morrow sevennight and then order shalll be taken Barkley Miles plaintant Moore defendant Anno 21. Eliz. The plaintant exhibited his Bill as a priviledged man to Sir Francis Kempe Prothonotary of this Court for Lands lying in the County Palatine of Chester and for that it appeared by Letters Patents openle shewed in Court under her Majesties Great Seale of England that this Court by any priviledge should not hold plea of any Lands lying within the said County Palatine It is therefore ordered to be dismissed if the plaintant shew not good cause William Lomley plaintant Thomas Greene Thomas Marlow Robert Taylor and Iames Wagge defendâ—nts An. 21. Eliz. The plaintant was adjudged to pay the defen. 37 s. 6 d. costs for that he being served with Subpoena in Hillar Terme appeared and by his answer disclaimed and yet after the plaintant served him with a Subpoena to rejoyne but afterwards the same costâ— were discharged by motion for that the defendant had before the costs put in his rejoynder but upon a disclaimer no costs is to be allowed Read plaintant Hawstead alias Lane defendants Anno 21. Eliz. The defendant was taken upon a Commission of Rebellion at the plaintants suite required his costs to be allowed him the Court asking the opinion of the Clerkes it was agreed with one consent that he should have his costs allowed therefore ordered accordingly Morgan plaint Ap Iohn Gowge defendant Anno 21. Eliz. The defendant maketh oath that he was served with a Billet in paper at the plaintants suit which Billet he lost by misfortune and upon his appearance no Bill is in Court against him therefore costs is awarded Brown alias Garris alias Pawdy plaintant Stoyck defend Anno 21. Eliz. The plaintant exhibited his Bill to examine witnesses in perpetuall memory touching a lease of Lands which hee and those by whom hee claimeth hath enjoyed 40. yeares the defendant by answer claimeth the Lands as Coppy-hold of inheritance to Mr. Sowthwell who is owner of the inheritance and within age and therefore prayed that no witnesses might be examined till Mr. Southwell be of full age and yet because the witnesses being old and may dye in the interim therefore a Subpoena is awarded against the defend to shew cause why a Commission should not be granted Hearing plaintant Fisher defendant An. 21. Eliz. Iohn Budden maketh oath that the defendants confessed unto him they were served with a Subpoena at the plaintants suite and have not appeared therefore an Attachment is granted Perry Ar plaintant Gatter alias Sharde and Cole defendants An. 21. Eliz. Upon the hearing of the matter for the Mannor of Laughtor and the Advowson of the Church of Laughton in the County of Bucking it appeared that the defendants and they from whom they claimed have beene in possession 100 yeares with divers discents therefore the defendants are dismissed Kinston plaintant Pigot aliis defendants Anno 21. Eliz. The defendant in Hillar Terme made oath that he could not answer without sight of evidences in the Country and having day given him he now hath put in no answer but a demurrer contrary to the orders of this Court therefore an attachment is awarded against the defendant Farmer aliis plaintants Fox defendant Anno 21. Eliz. Iohn Harry made oath for the serving of a Subpoena on the defendants to rejoyn therefore Munday next is given to the defendants to rejoyne or else to lose the benefit thereof Ioanes aliis plaintants Whitney Miles aliis defendants An. 21. Eliz. Whereas a Commission issued out to examine witnesses on both parties which is returned executed upon oath made by Giles Brever that he served precepts from the Commissioners upon W. S. Tho. Lin T. C. and Io. Peers to be examined on the defendants behalf before the said Commissioners who appeared not it is therefore ordered that a new Commission be awarded to the former Commissioners at the defendants charge as well to examine the said four witnesses as any other Shepheard plaintant Shepheard aliis Defendants An. 21. Eliz. The Duke of Northumberland acknowledged a Recognizance of 1000 Markes to the Lord Crumwell and after granted certaine Lands to the defendant afterwards both the Duke and the Lord Cromwell were attainted of Treason whereby the Recognizance came to the Queen and in her name was put in suit by one Lane to whom her Majesty had granted the same recognizance who sought to extend the defendants said Lands alone whereas there are divers other Lands to a great valew in other mens hands lyable to the said Recognizance therefore it is ordered that no Liberate goe out upon the said extent untill the Court order the same The Queenes Majesty plaintant Colborne defendant Anno 21. Eliz. The plaintant sought to be relieved upon an Obligation of 300 l. which he entred into to make a joyneture unto his wife in consideration of 174 l. promised to him by the defendant in marriage which was never paid unto him therefore an Injunction is awarded if cause be not shewed Osborne plaintant Havers defend An. 21. Eli. The plaintant and defendant both joyned in Commission to examine witnesses and the plaintant having the carriage of the Commission did not execute the same but did examine witnesses here in Court therefore ordered the defend should have a new CoÌ„mission to the former Commissioners wherein the plaintant might also examine if he list and
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