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
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
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
till the Lord should recover it for the forfeiture by the common Law in the case of Mr. Litton Mich. 41. and 42. Eliz. Justice Clench and the Masters Tenure by Tenant Right as it is usuall towards the borders of Scotland shall not pay any uncertaine fine or incombe at the change of the Lord by alienation but by death which is the Act of God for otherwise the Lord might weary the Tenant by frequent alienations but it may be fine uncertaine upon the alienation of the Tenant as well upon death as discent for that it is the Act of the Tenant and in his power Sir Thomas Egerton Mich. 1599. Case Mannor de thwaites les Iustices accord the same holdeth in Copyholders for the custome must be reasonable A Copyholder in Fee surrendreth to the use of one and to his Heires upon condition of redemption writeth downe his debts and willeth part of his Copyhold to be sold for payment of his debts after his death one of the creditors payeth the money at the day to the morgage who neverthelesse inrolleth the surrender afterward this other creditor complaineth against him and the Heir in Chancery and had a decree that the Copyhold should be sold for the payment of debts and the remainder of it if any were should discend to the Heire 41. Eliz. For although the devise of the Copyhold be void yet to take it from the surrendree who held it onely for money to be paid and to pay him and the other creditors therewith hath good warrant in equity and the Heire hath no wrong for that it was gone from him by the surrender lawfully Termino Trinitatis 40. Eliz. the Lord Keeper Sir Thomas Egerton pronounced openly that he for avoyding perjuries and other abuses would not give help to a Lease claimed by paroll onely One Cutting brought an action upon Assumpsit for one hundred pound against the Executors of a Testator that promised the money in marriage with his daughter and recovered at the common Law which judgement was reversed in the Chequer Chamber but Cutting sought help in Chancery where it was proved that the Executors had Assets for Funeralls Debts and Legacies with a good overplus to satisfie the complainant and therefore after hearing and report thereof by Doctor Stanhope and Mr. Lambert it was decreed for the complainant but the Executor exhibited his Bill for remedy upon which Justice Owen thought he was not to be heard till he had satisfied the decree and then also but onely upon new matter not thus resting the Executor exhibits a second Bill which was referred to Master Lambert but he excused himselfe that he was not to judge in his own cause and recommended it to the censure of the Lord Keeper who ordered the Executor to performe the first decree Micha 40. Eliz. 1598. Trinity 41. Eliz. The Lord Egerton pronounced openly that he would give none aide in Chancery â—or the maintenance of any perpetuities nor of any Lease for hundredâ— or thousands of yeares made of lands holden in Capite because the latter be grounded upon fraud and the former be fights against God A. was bound in a Statute to B. And one C. lendeth 100 l. to A. with which A. bought lands and assured the same to C. for his hundred pound A faileth in payment B. extended that land C. was denyed help in Chancery although the land was bought with his mony for B. hath priority of right in Law without Covyn Crompton 63. a. A. delivereth twenty pound to B. to the use of C. a woman to be delivered her the day of her marriage before her marriage A countermandeth it and calleth home the money C. shall not be ayded in Chancery because there is no consideration why she should have it Dyer 49. A Term or devised his Terme and whole Lease to B. Provisoe that if B. dye living C. Then the Terme shall wholly remaine to C. B. selleth the Terme and dyeth living C. And by the opinion of the Justices C. shall have no remedy Dyer 74. The Vice Countesse Mountague claimed the Wardship of the body of the Heire of a Tenant of hers which was esloyned from her 〈◊〉 she suspecting some of the Heires friends exhibited her Bill in Chancery and it seemed they should not answer to charge themselves criminally especially in this Case where so great a punishment as abjuration may follow c. Cromer and Peniston married two Sisters joyntly possessed of a Lease for yeares the wife of Cromer dyed Peniston claimed the whole by Survivor Cromer exhibited a Bill suggesting that Peniston had in her life time severed the joyneture by some act â—ecretly The Lord Keeper over-ruled that the defendant should not answer Mich. 39. and 40. Eliz. As concerning confidence secretly knit to Estates it hath manifold considerations first if my Feoffee upon confidence doe infeoffe another bona fide that knoweth not of the confidence I am without remedy Fitz Harbert sub 19 But if the second Feoffee have notice of the use he shall be compelled here to performe it 5. E. 4.7 So if my Feoffee dye and the land discend to his Heire I have no remedy against him 8. E. 4.6 All the Justices and this confidence extendeth not onely to the taking of the profits but also that the Feoffees shall doe acts for the good of the Feoffor and if the Feoffor require him to make an estate to any other he oâ—ght to doe it but thereof he ought to have request in writing for he is not to doe it upon a bare message or upon desire by word onely 37. H. 6.35.36 And if the Feoffor will have him make an Estate to I. for life the remainder in Fee to B. though I will not take the Estate yet B. shall compell him to make Estate to him in the life of I. ibid. 36. Finch So if the Feoffee be disseised the Feoffor shall compell him to sue an Assize 2 E. 4.7 Neverthelesse those Feoffees might grant necessary Offices as Stewardships Bailyweeks c. though they may not grant Annuities to learned men to defend the Land 8. H. 7.12 They may also as it seemeth give Fees to Councell and shall have allowance thereof so far as they are from being maintainors If I give money to one to purchase Lands therewith to him and his Heirs and to permit me to take the profits thereof during my life and he with-holdeth the profits he shall be compelled by Subpoena Crompton Fol. 48. b. If Cesti que use be attainted of Felony the Lord shall not be ayded by Subpoena to have his escheat and if the Heir be barred by the corruption of his bloud then the Feoffee as it seemeth shall retaine the Land to his own use 5. E. 4.7 Feoffments of use Brooke 34. When the use is to the Feoffee and his Heirs without any other intent there Cesti que use
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
releived upon a bond after Judgement and execution and because no material matter alleadged for maintainanâ—e thereof therefore dismissed Adams plaintant Doddesworth defendant Anno 21. and 22. Eliz. The Bill was to be releived for egresse and regresse into a garden of the defendants for drying of cloaths promissed by word only by the defendant to the plainant therefore dismissed for that the Court ought not to be burthened with such small maâ—ers Hamby plaintant Northage defendant Anno 21. and 22. Eliz. Guilliam made oath that he saw a subpoena served on the defendanr who hath not appeared therefore an attachment Morgan plaintant Evon defendant Anno 21. and 22. Eliz. An Attachment was delivered to the Sheriffe to execute who did not returne the same and upon affidavit of the delivery a day was given to returne the Writ upon paine to be amerced 5 l. Crompton plaintant Meridith defendant Anno 21. and 22. Eâ—iz Affidavit made for the delivery of au extent to the Sheriffe which he hath not returned therefore a day is given to the Sheriffe to returne the Writ upon paine of 10 l. Hambey plaintant Wight defendant Anno 21. and 22. Eliz. Three Bonds put in suite in the Kings Bench and stayed by Injunction by Order because the Queene was hindered of her fine Pascall plaintant Smith Miles defendant Anno 21. and 22. Eliz. Calveley plaintant Philips defendant Bonds put in suite in the K. Bench stayed by Injunction because the Queene was hindered of her fine Anno 21. and 22. Eliz. The Bill prayeth reliefe against the defendant as brother and Heire for that the plaintant paid to his brother deceased a fine of 34 l. for a lease who dyed before the same was made and therefore desireth either to have the Lease made by the Heire or his money againe thereupon it is ordered the defendant shall answer an Injunction Kreme Alias Mogge plaintant Meere defendant Anno 21. and 22. Eliz. The defendant got costs for want of a Bill and bespake of Robert Bayles a Clerk a Subpoena for those costs who made her a Subpoena ad sectam whereupon the plaintant got costs this being moved for discharge of these costs so gotten by default of the Clark It is ordered that the defendant shall be discharged and the plaintant also of the costs gotten by the defendant and neither of them should have processe against the other for the same but the defendant might take a Subpoena against the Clark that made the erronious processe for the 40 s. costs which she should have had against the plaintant Franckblanck plaintant Domina Metham defend An. 21. and 22. Eliz. Oath is made for the delivery of a Subpoena to the wife of the defendant at his house who hath not appeared therefore an Attachment Pilgrime plaintant Read defendant Anno 21. and 22. Eliz. The plaintant desireth to be relieved against an Obligation of 100 l. which had an intricate and insensible condition put in suit for that the plaintant being desired by the defendant to Seale a release desired onely time to be advised thereof which the defendant would not yeeld unto but hath put the bond in suit though no wayes damnified and now the plaintant is ready to Seale the release therefore an Injunction is granted Rowles plaintant and Rowles defendant An. 21. and 22. Eliz. The defendant took out a Commission to take his answer in the Country and thereby answered he could not directly answer without sight of evidences which are in Nottinghamshire far distant from Dorsetshire the defendant afterwards made a perfect answer and yet the plaintant took out Attachment and Attachment with Proclamation both which were discharged paying the ordinary Fees and 2 s. 6 d. to the Warden of the Fleet Trussell aliis plaintants Willoughby Miles defendant Anno 21. and 22. Eliz. Iohn Cotten the plaintant brother devised divers goods to his two Sons to be delivered at their full age and made the plaintant and defendant Executors 100 l. of the goods came to the plaintants hands 250 l. came to the defendants hands The plaintant desireth by his Bill that in respect of the trust and joynt charge which may survive that the plaintant and defendant may each be bound to the other to pay the children their Portions in their hands at their full age and if either plaintant or defendant dye before then the Executor shall pay that which was in the testators hands to the survivor which this Court thought in conscience to be meet because the defendant by answer confesseth the trust and receit of 250 l. Therefore a Subpoena is awarded against the defend to shew cause why it should not be decreed Cotton plaintant Causton defend Anno 21. and 22. Eliz. An Attachment and other processe of contempt issued out of this Court for not returning the defendants answer by Commission is discharged paying the ordinary Fees because the plaintant named one Commissioner who refused to joyne with one of the defendants Commissioners in taking the defendants answer and a new Commission is granted to indifferent Commissioners named by the defendant Marshall plaintant Harwood defendant An 21. and 22. Eliz. It is moved that where a prohibition was six moneths since granted for stay of a suite in the Ecclesiasticall Court at Herford upon surmise the lands are held in Capite whereas it appeared by Letters Patents thereof the lands holden of Eastgreenwich therefore consultation unlesse cause shewed and the party to pay double costs according to the Statute whereby the prohibition is granted Wolfe plaintant Merrick Clums defendant An. Forasmuch as the Major of Totnes hath certified under his common Seale that the defendant made oath before him that he was served with a Billet in Paper at the plaintants suit and upon his appearance no Bill therefore costs White plaintant Carpenter defendant An. 21. and 22. Eliz. Brent an Attorney at common Law for the defendant being present in Court is enjoyned in open Court upon paine of 200 l. not to proceed at common Law upon an action of debt upon an Obligation against the plaintant Bishop plaintant Iessop and Wats defendants Anno 21. and 22. Eliz. Forasmuch as the said Thoroughgood made oath that the matter in the Bill is for a Portion of Rent of 10 s. by year being of small value it is dismissed Knighton plaintant Allen and Thoroughgood defendant An. 21. and 22. Eliz. Iohn Vaux made oath that he saw a Subpoena served upon the defend therefore for not appearance an Attachment is granted Vaux plaint Glasiers defendant An. 21. and 22. Eliz. Iohn Leigh made oath for the serving of a Subpoena on a witnesse to testifie on the plaintants behalfe before certaine Commissioners who hath not so done Therefore an Attachment is awarded against the defendant Middleton plaintant Speright defendant An. 21. and 22. Eliz. The plaintant made oath that he heard the
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
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
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
defendants wife in his house sufficient A years value allowed upon surrender of Copy hold Land The plaintant sueth for tokens he delivered to the defendant as a suiter in marriage and obtaineth them A Bill against a Copy of Court Roll indirectly entred the defendants demurre but ordered to answer Variance in a Bill of Revivor from the first bill dissolved Jurisdiction of Oxford rejected one of the defendants being not resident there Prosecuting contempt after a generall pardon to pay costs Subpoena hanged on the door of an house where the defendant resorted Witnesses examined by fraud suppressed and the practizers to be proceeded against by Bill Jurisdiction of Lancaster allowed Suit to have the defendant performe an award Two defendants the one taketh a husband the plaintant puts in a Bill of revivor against husband and wife and they discharged with costâ— The plaintant oâ—dered not to proceed till he make one a party whom the defendant prayeth in ayde Injunction left at the defendants house and disobeyed an Attachment A Commission of rebellion the bond made to the Commissioners The bond made to the Lord Chancellor c. Witnesses examined after publication ad informandum conscientiam Iudicis Costs for want of a Bill shewing the Subpoena but delivering no note of the dâ—y of appearance and attachment for such serving Jurisdiction of Chester allowed A Covenant to repaire a house the defendant would not suffer it and demurred but ordered to answer Jurisdiction of Chester allowed A Subpoena served to testifie in the Guild-hall and not appearing an Attachment A Bill against Roger Hall and another Roger Hall was served he must shew it by Plea and not by motion Costs to witnesses served to testifie Costs paid to a witnesse before he be examined A Solliciter served with processe to testifie ordered not to be examined A man and wife exhibite their Bill the wife dyes the defendant demurs for that there is no Bill of revivor ordered to Answer The sollicitor served to testifie is discharged Consiliâ— The Leasses of a Copyholder is punishable in waste though the Copyholder himselfe be not A Bill of perjury proceeded in this Court Suite to have an award by assent decreed To stay suit in the spirituall court Suite for common of pasture and Turbary Subpoena delivered to the defendants servant Subpoena served at the sâ—â—te of aâ— unknown man and no Bill in Court the server to pay costs The husband appeares and the wife not Attachment against them both Jurisdiction of Oxford Consil. A Mr. and examinor examined witnesses publication stayed after granted The plain father seized in Fee with a condition to reenter deviseth for life A ducens teciâ— The defendant licensed to depart after issue Trustee ordered to coâ—vey the Lands according to the trust Jurisdiction of the Excheqner rejected for that one of the defendants had no priviledge there The defend in a Bill of perjury after answer ought to be examined upon interrogatories The plaint requires the defendant to appear shewing no writ and no Bill in Court hath 20 s. costs Affidavit for serving a Subpoena The defend hath no cost because the Subpoena is lost but Attachment is stayed Costs for want of a Bill The defend disclaiming no witnesses to be examined touching the death of another The defen. bound to pay money at one place pleads payment at another not good A demurrer to a Bill of revivor ordered to answer The wife after the death of her husband sueth a Bill of revivor and good To take bond of such as appear upon contempt to attend from day to day The defen. demurres for that there is remedy at common law but ordered to answer Habeas corpus to the warden of the Fleet to have the defendant in Court to be charged with a debt upon a recognizance Costs for the Solliciters charges in making Affidavit for serving processe and the defendants impotency no Bill being in Court Costs for want of a Bill upon shewing the Writ but not delivering it Attachm discharged and a Bill of perjuâ—y for procuring it indirectly The Lord Chancellor writ his letters to a Noble man that had broken a decree Injunction against the spirituall Court Attachment upon the defendants confession he was served Jurisdictio of Oxford allowed Decree for Copyhold lands Costs for want of a Bill the Subpoena being lost Dismission because under 40 s. per annum Jurisdiction of Wales allowed being under five pound Suit retained after Judgement and execution Costs against the plaint for want of a Bill Commission to set out meet wayes for passages An English Bill for perjury Injunction to stay judgement in an action of wast Reliefe for a trust upon a Lease after it is sold A Bill for reliefe after Judgement and execution dismissed A Bill upon a promise for leave to dry clothes in a garden dismissed Attachment for not appearing upon a Subpoena Day given to the Sheriffe to returne an Attachment upon paine of 5 l. Consil. Injunction to stay suits because the Queene was deceived of her fine Consil. The Heire is sued to make a lease for which his elder brother tooke a fine or to repay the fine The Clarke is fined 40 s. for his mistake in making a Subpoena Subpoena delivered to the wife good The plaintâ— refusing to seale a release the defendant puts a bond in suite and stayed by Injunction Attachment with Proclamation discharged paying the ordinary Fee answer being in befoâ—e One Executor sueth the other to put in sureties to performe the Will The contempt discharged and â— new Commission granted to take the defendants answers Prohibition for Tythes of Lands held in Capiâ—e Costs for want of a Bill oath made befoâ—e the Major of Totnes Attorney present in Court enjoyned not to proceed at common law Suite for â—ent of 10 s. Affidavit the he saw a Subpoena served Atâ—achment against witnesses served to testifie Atachment upon the defendants confession he was served Two joint tenants the one dyeth the other ordered to make Estate according to the Will Witnesse that answer insufficienâ— againe examined Jurisdiction of Chester allowed A suit for a Hawk and evidences dismissed The Bill dismissed because the councellors hand is counterfeit Costs for prosecuting contemâ—ts and none proved Fraud by makâ—ng a lease after a feoffement and before livery and seizin Suit stayed in the Kings Bench because it was removed from London Suit for common A Bill for 6 l dismissed Costs upon a Billet delivered to a brother and no Bill in Court Commission to take the defendants answer upon oath of impotency before the Mayor of Totnes Consil. Consil. The defen. 70. years old Jurisdiction of Wales allowed Consil. Attachment upon oath before the Bayliffes of Mountgomery Consilio Dismission because under 40 s. per annum Injunction for defrauding the Queen of her fine Consil. Attachment upon oath before the Major of Tâ—tnes Jurisdiction of the Mannor of Woodstock overruled Commission to examine in perpetuall memory Leâ—ssee not named
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
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