of and in the Mannors of M. W. with diuers messuages lands tenements hereditaments to the said Mannors belonging in the County of C. to the yearely value of 50. l and aboue and he being of the said Mannors and other the premisses seised died of such an estate thereof seised without issue of his body lawfully begotten After whose decease the premisses descended and of right ought to discend vnto your saide Orator as brother and next heire of the saide Peter your saide Orator then being but of tender age that is to say of the age of twelue yeares or there abouts But so it is right honorable Lord that all the Euidences Deedes Charters writings and miniments concerning the said mannors and premisses during the minoritie of your said Orator came casually to the hands possession of R. D. Esquier who by cullor of hauing of the said Euidences Deedes Charters writings and miniments hath wrongfully entred into the saide manors lands tenements and other the premisses and of the same hath made and contriued diuers and sundrie secret and false estates and conueyances to diuers persons to your saide Orator vnknowne to his owne vse to the vtter disherison of your saide Orator And albeit your saide Orator hath diuers and sundrie times required the saide R. D. as well to deliuer vnto him the said Euidences Deedes Charters writings and miniments as also peaceablie and quietly to suffer and permit him to enioy the said manors lands tenements with their appurtenances yet y◠said R. D. hath alwaies hitherto denied refused yet denieth refuseth so to do cōtrary to all right equitie good conscience And forasmuch as your Orator knoweth not the certaintie of the said euidences deeds charters writings miniments nor whether they be contained in bag or box ensealed or chest locked yea or no he is like to be without all remedy for y◠recouery of y◠same by the order due course of y◠cōmon lawe except your Lo. goodnes be vnto him shewed in this behalf In cōsideration wherof it may please your good L. to grant vnto your Orator the King and Queenes Maiesties writ of Subpena to be directed to the saide R. D. Commaunding him by the same at a certaine day and vnder a certaine paine by your Lordship to be limited personally to appeare before your good Lordship in the King and Qu. high Court of Chauncery at Westminster then and there to make aunswere to the premisses c. R. Cat. The Aunswere of the defendant to the said Bill wherein is confessed the hauing of diuers euidences concerning the lands mentioned in the said Bill and that he is readie to deliuer them to whom the Court shall order them to belong And for that the plaintifes father is yet liuing the defendant prayeth that he may be called into the Court to shew what title he hath to the said euidences and disclaymeth to haue any interest in any of the mannors c. mentioned in the Bill but an Interest he may be entituled to haue by reason of a Statute merchant he hath which was acknowledged by the complaynants father The Aunswere of R. D. Esquier to the Bill of complaynt of T. M. Gentleman THe said defendant by protestation not confessing or acknowledging Sect ' 171. any such seisin dying seised or discent as in the said Bill is alleaged for aunswere sayth that he is not nor at the time of the exhibiting of the said Bill was not Tenant of the said mannors and other the premisses sauing only such benefit interest and title as the said R. is or may be entituled to haue in or to the premisses by reason of a certaine Statute merchant or Recognizance knowledged by W. M. Esquier father of the said complaynant to Sir P. D. Knight deceased Thaduantage of exception thereof and all other benefits and interests that the said defendant hath or may haue by reason of the said Statute merchant or Recognizance knowledged by the saide W. M. Esquier father of the said complaynant as aforesaid and the execution to be sued of the same to the said defendant alwayes saued and reserued the saide defendant for all other Interests or Titles disclaimeth in the said manors lands or tenements And as to any euidences concerning the said manors lands and tenements mentioned in the said Bill except one Indenture and one other writing made by the saide W. M. and one writing made by the said complaynant The said defendant by protestation not knowing the certaintie what euidences he hath in his custodie concerning the said mannors and other the premisses for that they be in the County of Chester now farre from the said defendant for aunswere saith that the saide W. M. father to the said complaynant long time past was seised of the said Mannors lands and Tenements of an estate of inheritance in possession or in vse by discent from his Auncestors and the said Euidences came to the hands of the said Sir P. D. Knight long time past and by and after the death of the said Sir P. D. the same euidences came to the possession of the said defendant which said defendant desireth that the saide W. M. which is yet in full life may be called into this honorable Court to shewe what title he hath or claymeth to the saide euidences and the saide defendant is and shall be readie to deliuer such euidences as he hath concerning the premisses except the said Statute merchant and other writings and defeasances of the said Statute as appertaineth to the said defendant to such person or persons to whome this honorable Court shall award the same to appertayne And as to three writings before excepted the said defendant hath them here readie in this honorable Court to be deliuered to whome this honorable Court shall adiudge the same to appertayne Without that that the saide defendant hath wrongfully entered into the said Mannors lands and Tenements and of the same hath made or contriued any estates and conueyances to diuers persons in such sort as in the said Bill is vntruly alleaged And without that that any other thing materiall to be aunswered vnto other then that in this present Aunswere is confessed and auoyded is true All which matters the said defendant is ready to auerre and prooue as this honorable Court shall award and prayeth as before he hath desired And also that he may be dismissed out of this honorable Court with his reasonable costs and charges for his wrongfull vexations sustained in this behalfe Am. Gilbert A bill of complaint by I. W. and the Lady lane his Wife daughter and heire of the Lady Iane deceased against the husband and his wife for entring into a house and lands and keeping of the possession thereof for detayning of Euidences and contriuing of secret estates in the premisses To the right reuerend Father in God Stephen Bishop of Winchester Lo. Chauncellor of England IN right humble wise complayning sheweth vnto your good
in his demesâ—e as of fee by disseisin as is aforesaid of the said mese orchard garden and croft without that that the said defendant I. W. did hold the said mannor of Capishorne of the saide complainant in manner and forme and by such seruices as by the said bill of complaint is alledged Or that there is any such mannor of C. to the knowledge of this defendant or that the said I. W. did or doth hold the said mannor of C. of the said complainant to the knowledge of the saide defendant or that the saide defendant had any other meses lands or tenements which at any time were the meses lands or tenements of the saide I. W. other then the said mese lands and tenements called W. or that the said mese lands and tenements called W. are or at any time were parcell of the said mannor of T. and if the said mese lands and tenements called W. had beene parcell of the said mannor of C. as they were not or if the saide defendant did hold the saide mese lands and tenements called W. of the said complainant acording to the quantitie of the said rent and seruice as the said complainant by his saide bill of complaint hath supposed as he doth not indeede yet forsomuch as the said complainant is seised of parcell of the said lands and tenements called W. by disseisin as is aforesaide and the same mese lands tenements called Woodford are holden all by one entire tenure the whole rent and seruices are suspended during the time of the saide deseisin and the said defendant is and ought by the lawe to be discharged during the time of the saide disseisin without that that any Euidences deedes writings or Courtrowles concerning the said mannor of Ouer or the said rent and seruice at any time came to the hands custodie and possession of the said defendant or that the said defendant doth intend vtterly to disinherit the saide complainant of the said rent and seruices or doth wrongfullie denie to do the the said complaynant any seruices which he ought to do or pay or that any other thing c. All which matters c. A Replication to the Answere next before The Replication of Sir T. H. Knight to the Aunswere of H. S. Esquier THe said complainant saith in all and euery thing as he before in his Sect ' 178. bill hath saide and auerreth all and euery thing therein conteined to be good and true in such manner and forme as in his said bill is alledged without that that the saide R. B. named in the saide aunswere did wrongfullie enter by the commaundement of this complaynant into the said mese other the lands named in the said answere being parcell of the said lands tenements called Woodford or thereof disseised the said defend to the vse of the said compl as by the saide answere it is vntrulie alledged or that the said compl did agree to any such entrie disseisin as by the said aunswere is supposed or that this compl was or is by force thereof seised by dissesin of the saide mesuage orchard and garden named in the said answere as by the said answere is vntruly alledged or that any other matter or thing alledged in the saide answere materiall to be replied vnto which heere in this replication is not confessed and auoided denied or trauersed is true All which matters c. G. Ge. A bill containing that the plaintife by bargaine and sale by feoffement and fine bought one mese c. in fee and that diuers euidences concerning the premisses are casually come to the plaintifes hands and that by cullour thereof the plaintife hath entred into parcell of the premisses and expulsed the plaintife from the possession thereof and wrongfully keepeth the same To the Right Ho. and the reuerend Father in God Stephen Bishop of Winchester COmplayning sheweth vnto your ho. Lo. your Orator H. S. Esquier Sect. 179. that where one I. W. of C. in the County of C. was seised in his demesne as of fee of in one mese one gardeÌ„ one orchard 60. acres of land meadow wood and pasture with the appurtenances in W. called W. in the Countie of C. and the said I. W. and his ancestors whose heire he is did coÌ„tinue peaceable possession of the premisses by the space of 100. yeares and aboue and the said I. W. so being thereof seised for certeine great summes of money to the said I. W. by your said Orator coÌ„tented paid did bargaine sell the premisses vnto your said Orator his heires to the proper vse of your said Orator of his said heires for euer and thereupon did by his deede sufficient in the lawe giue grant confirme yâ— premisses vnto your said Orator his heires for euer And for a further assurance thereof to be had vnto your said Orator and his heires the said I. W. before the Iustice of yâ— said County of C. did leuie a fine sur conusance de droit of the said mese lands and tenements vnto your said Orator and by by the same fine the said I. W. did knowledge all the right which he had in the same mese lands tenements to be the right of your saide Orator as those which your saide Orator had of his gift as by the said deede fine more at large it doth may appeare by force whereof your said Orator entred into the premisses was thereof seised in his demesne as of fee. But so it is if it may please your hon Lo. that diuers euidences deeds escripts miniments concerning the premisses are casually come to the haÌ„ds custodie possession of one Sir T. H. Knight who by coulour of hauing thereof hath wrongfully entred into the said mese orchard gardeine and into one croft conteining by estimation 2. acres of land lying adioyning vnto the said mese on the Southeast part of the said mese parcell of the premisses and expulsed your said orator from the possession thereof And the said Sir T. H. doth still wrongfully keepe your said Orator from the possession of the said mese orchard garden croft And although your said Orator haue diuers times required the said Sir T. H. not only to permit and suffer your said orator to haue inioy the said mese lands and tenements but also to make deliuerie thereof vnto your said orator which to do the said Sir Tho. at all times hath refused yet doth refuse contrary to right equitie and conscience In consideration whereof and for so much as your saide Orator knoweth not the certaintie of the saide Euidences deedes and writings nor wherein they be conteyned therefore he is without remedie by the order of the common lawe It may therefore please your honorable Lordship to graunt c. The Aunswere of Sir T. H. Knight to the Bill of complaint of H. S. THe said defend saith yâ— the said bill of compl is vncerteine insufficient Sect ' 180.
award arbitrement order rule dome and iudgement of S. T. and W. R. arbitrators indifferently elected and chosen aswel on the part of the said A. B. on the one partie as on the part of the aboue named C. D. on the other partie to arbitrate awarde order and iudge of and vpon all and all maner of actions suites quarrels debts accompts trespasses controuersies debates and demaundes whatsoeuer had moued depending or accrewed or which might haue bin had or moued betweene the said parties at any time or times before the date hereof except one action of Eiectione firmae depending betweene the said parties in the Queenes Maiesties Court commonly called the Kings bench as by the Records thereof in the same Court remayning it doth and may appeare and except out of this submission all lands and tenements of the said A. B. or any like exception So alwaies that the same award arbitrement order and iudgement of and concerning the premisses be made by writing Indented vnder all their hands and seales before the first day of December now next ensuing and one part of the same deliuered or caused to be deliuered by the said Arbitrators to the said A. B. or his certain Atturney or Atturneâ—s deputie or deputies in that behalfe requiring the same the said first day of December now next ensuing at or in the parish Church of R. in the said Countie of Yorke And the other part of the said award be likewise deliuered by the said Arbitrators to the said C. D. or his certaine atturney or atturneis deputie or deputies in that behalfe requiring the same at the said day and place And so that by vertue or occasion of the said award neither of the said parties nor the seuerall heires executors or administrators of them or any of them be to do any act or thing to or by any straunger to the same award and to these presents And so as the said A. B. doe not discharge the said arbitrators before the said time That then this present obligation to be vtterly voide and of none effect or els to stande remaine continue and be in full strength and vertue Of the condition to performe an award of lands ANd if the award be coÌ„cerning a title to land the words in the condition may be thus Aswell of for and concerning the right title interest vse possession Sect 40. and demaund of and in the manor of S. with the appurtenances in S. in the said countie of Y. and all landes tenements and hereditaments with the appurtenances in S. aforesaid in the occupation of the said A. B. and his assignes as of and vpon all actions trespasses suites quarrels debts duties debates griefes inconueniences and demaunds had moued stirred or depending betweene the said parties concerning the said Manor tenements and premisses or any part thereof And also if the said A. B. before the feast of P. now next comming doe shew vnto the said Arbitrators all such writings as he hath concerning the said Manor and premisses at such time and place as the said Arbitrators shall appoint for the sight thereof So alwaies that c. vt supra That then c. vt supra Whether power to arbitrate may be assigned AN Arbitraitor chosen cannot graunt or assigne ouer his aucthoritie Sect 4â— of arbitation to any other 8. Ed. 4. fol. 1. and 9. because it is but a nude power which is not to be graunted ouer notwithstanding the opinion in 47. E. 3. 20. to the contrary Neither doth the submission extend to giue the Arbitraitors power to elect others Whether the Compromittors may discharge the Arbitrators or no. ANd it seemeth that albeit the parties haue agreed vpon daiesmen Sect 42. or Arbitraitors yet before the arbitrement made either of the parties may reuoke the authoritie giuen to the arbitrators and discharge them thereof for power may be countermaunded but if the submission be made by bond then the bond seemeth to be forfaited 5. E. 4. 1. 21. H. 6. 30. 28. H. 6. 6. 49. E. 3. 9. But by Ashton Iustice if 2. plaintifes one defendant or 2. defendants and one plaintife put themselues to the award of others neither the one plaintife without the other nor the one defendant without the other may discharge the arbitrators 28. H. 6. 6. And by Finch 49. E. 3. 9. If the submission be by deede the discharge must likewise be by deede So much of submissions arming the arbitrators with power Now of Arbitrements issuing from the same What an Arbitrement is AN Arbitrement or award therefore arbitramentum laudum arbitratus Sect 43. Libro intrationÌ„ debt in arbitrÌ„ 2. 3. is nothing else but the very dome order and decree pronouÌ„ced by arbitrators vpon the controuersie for the ending whereof they were chosen by the striuing parties Dier 356. 10. Eliz. pla 39. Of things regarded in Arbitrement IN the forme of euery Arbitrement fiue thinges are specially to be Sect 44. regarded First that it be made according to the very submission or compromise touching the things compromitted and euery other circumstance as is said 9. E. 4. 44. Plow 396. a Secondly that it be a finall ende of the controuersies compromitted 19. H. 6. 36. 21. Ed. 4. 38. Thirdly that it appoint either party to giue or do vnto the other some thing benesâ—ciall in apparance at the least 43. E. 3. 28. Dier 356. 19. Eliz pla 39. 12. H. 7. 39. H. 6. 9. 22. E. 4. 25. 7. H. 6. 40. 19. H. 6. 36. 10. Hen. 6. 19. Fourthly that the performance thereof be possible 22. H. 6. 46. 8. Ed. 4. 1. 9. 17. Ed. 4. 5. H. 7. Fifthly that there be a meanes how either party may by law attaine vnto that which is thereby awarded vnto him 5. Ed. 4. 24. 17. Ed. 4. 5. 18. Ed. 4. 22. 23. 5. H. 7. 23. For if it faile in any of these points then is the whole Arbitrement void and of none effect as it doth manifestly appeare by these special cases following As. An award that the parties shall obey the arbitrement of A. B. is void for power cannot be assigned 8. E. 4. 19. An award that any of the parties shal be bound or doe any other act by the aduise of the arbitraitors is not good because they cannot make seuerall awardes 18. Ed. 4. 22. 23. but that the parties shall be bound or make assurance by the aduise of Counsaile is good 18. Edw. 4. 22. 23. Arbitrement that the parties shall be nonsuit in actions is not good for euery award ought to be a satisfaction to the parties and a determination of things compromitted so as one party haue amends but when one hath bin nonsuit he may begin againe 19. H. 6. 36. 21. E. 4. 38. But an award that the parties shal make discontinuance and retraxits of their suits is good 21. E. 4. 38. 5. H. 7. 22. If the submission be of diuers things the award onely of some part
by these presents in reliefe ease of the said F. M. that if the said F. M. his c. or any of them do well and truely pay or cause to be paied the said sum of 160. l according to the true meaning of this present award And if the said L. S. his heirs c. or some of them shall not well truely satisfie content pay vnto the said T. G. his c. the said seuerall sums aboue in this awarde appointed to be payed by the said F. M. before the seuerall daies herein aboue mentioned That then at all times after any such default of paiment so to be made by the said L. S. his c. the said T. G. his c. shall permit and suffer the said F. M. his executors and administrators euery of them at the costs charges of the said F. M. his exec and administ effectually to prosecute or cause to be prosecuted all and euery such execution and executions vpon the said iudgement so had for the said T. G. against the said L. S. as to them or any of them or the learned counsell of them or any of them shall seeme good And all and euery summe and sums of money thereby to be obtained to take and conuert to the only proper vse and behalfe of the said F. M. his exec administr without any accompt recompence or payment thereof or therefore to be yeelded or made to the said T. G. his c. or any of them any thing in this present award contained c. notwithstanding ✿ In witnes whereof the said Earle to both the partes of this present award hath set his hand and seale Dated c. All such couenants conditions as be vsually made for the assuraÌ„ce or enioying of lands or tenements goods and chattels may be inserted into awards as shall seeme good vnto the arbitrators or parties Of notice of the arbitrement AND when the arbitrators haue made their award according to Sect. 48. the submission albeit perchance they be not bound to giue notice thereof to the parties yet it seemeth very requisite that they should in due time before that eyther party be to performe any part thereof notifie the same vnto them least otherwise they might breake their boÌ„ds or couenants in that behalfe if any such be before they know the same Notwithstanding that the booke in 8. Edw. 4. 1. 9. be doubtfull in that point The finall cause and effects of Arbitrements ANd thus by that which hath bin discoursed it sufficiently appeareth Sect. 49. as we thinke that the scope and end of arbitrements and other iudgments is all one And chiefly the finall determination of strifâ— suit and controuersie 19. H. 6. 36. And so consequently their effects be almost equall But the lawes seeme more fauourable to arbitrements then other iudgments in so much as by arbitrators the strict course and tedious ceremonies of law suits which are most commonly wont to wearie suters and picke their purses are cut off and shorter decisions by them made with little or no cost at all Wee differ to shew how arbitrements may be pleaded in barre of other actions vntill we come to their fit place amongst our presidents of pleadings and so end this treatise An Award made by an Arbitrator touching copyhold land betweene an Alderman of London and an other TO all Christen people to whom this present writing of award indented Sect. 50. shall come H. T. of Lincolns Inne in the countie of Middlesex Esquier sendeth greeting in our Lord God euerlasting Whereas suite variance and debate heretofore hath beene and yet is had moued and depending as well in the Queenes Maiesties Court of Requests as in diuers other Courts betweene R. H. Citizen and Alderman of London of the one partie and R. E. of K. in the countie of M. Yeoman of the other partie of for and concerning the right title vse interest and possession of diuers lands tenements hereditameÌ„ts with the appurtenances lying and being in K. within the manor or Lordship of T. within the said Countie of M. and containing by estimation about 200. acres of land meadow pasture and wood commonly called or knowne by the name of Hebines land for the appeasing final end and determinaâ—ion of all which said suites variances and debates the parties aforesaid haue submitted compromitted themselues to stand to obay and performe the arbitrament ordinaunce dome and iudgemeÌ„t of me the said H. T. Arbitrator indifferently elected named and chosen by both the said parties indifferently to arbitrate order deeme awarde and Iudge as well of for and concerning the estate right title interest vse and possession of all and singuler the said premisses and euery parte and parcell thereof as also of for and vpon all maner of acâ—ions suites quarels debts debates trespasses and demaunds whatsoeuer heretofore had moued stirred or depending betweene the said parties from the beginning of the worlde vntill the twentie day of Nouember last past as by their seuerall writings obligatorie wherein eyther of the said parties stand bounden to the other of the same parties in the summe of two hundred pounds bearing date the said 20. daie of Nouember and made for the true performaunce of the said award more at large it doth and may appeare Wherupon the said H. T. hauing taken vpon him the charge and burden of the said Arbitramenâ— And hauing present before him both the said parties hauing also very aduisedly and deliberatly weighed and considered the titles claimes allegaâ—ions and proofes of either of the said parties to the said premisses And vpon sight and due consideration of all the euidences writings and proofes shewed and made before me the said H. T. by both the said parties do award arbitrate order deeme iudge of the premisses in maner and forme following That is to say First I the said Arbitrator do award deeme order Iudge that the said R. E. or his heires at al times within 3. yeares next ensuing the date of these presents vpon lawfull reasonable warning by the Steward Bailife or Reeue of the said manor of T. for the time being shall at the next Court so to be holden then next after such warning had surrender and giue vp into the hands of the said R. H. his heires or assignes in open Court according to the custome of the said Manor to the vse of the said R. H. and his heires for euer all singuler the aforesaid lands tenements and hereditaments hereafter in these presents mencioned expressed and declared That is to wit one mansion or dwelling house wherin the said R. E. now dwelleth with all edifices buildings c. And furthermore I the said H. T. do award ordaine deeme and Iudge by these presents that the said R. H. his heires or assignes at the said Court where and when the said surrender shal be so made shall assure and conuay vnto the said R. E. or to his
heires that shall so surrender the premisses as aforesaid by copie of Court Rolle according to the custome of the said Manor or otherwise as by the said â— E. his heires and assignes or any of them or by his or their learned counsell shal be reasonably deuised or aduised at the proper costes and charges of the said R. E. his heires assignes not altering by the said assuraunce or assuraunces so to be deuised or aduised as is aforesaid any custome libertie or iurisdiction of the said Lordship manor or other the premisses with all and singuler the said lands tenements and hereditaments and al other the premisses with their appurtenances whatsoeuer before by these presents ordered and iudged to be surrendred as is aforesaid foure acres of land now in the occupacion of c. parcell of the premisses to be chosen by the said R. H. c. only excepted foreprised To haue to hold the same lands tenemeÌ„ts all other the premisses with the appâ—rtenances except before excepted vnto the said R. E. to his heires males incorrupt within the 4. degree of consanguinitie according to the ancient custome of the said manors And if it happen that the said R. E. do deceâ—â—â— before the said surrender made as is aforesaid Then to haue to hold the said premisses with the appurtenances to the heires of the said R. E. which so shall surrender the same to his heires males incorrupt within the 4. degree of consanguinitie c. An Awarde reciting that either of the parties stand bound to other to performe the award And that the award is made before the prefixed time in the Obligations and with the full consent of both the parties TO all christian people to whom this present writing indented of award Sect 51. shal come R. W. and R. C. send greeting in our Lord God euerlasting Know ye that whereas variance strife debate and controuersie hath heretofore bin had moued and stirred betweene A. B. of C. and D. E. of E. of for and concerning the right title interest vse possession and occupation of c. for the appeasing ending whereof either of the said parties by their mutual assents consents agreements haue submitted compromitted and bound themselues either to other by their seueral writings obligatory bearing date c. in the suume of c. to stand too abide obey obserue performe fulfill and keepe the award arbitrement ordinance dome and iudgment of vs c. Arbitrators indifferently elect and chosen betweene the said parties of and for the premisses as by the said seueral obligations with condition for the performance therof more at large appeareth Whereupon we the said Arbitrators taking vpon vs the labour busines and charge of the same award and willing to set the said parties at a final peace vnitie and concord for and concerning the premisses haue by good aduise deliberation seene heard and throughly examined both their titles allegations euidences and proues in and to the said premisses and thereupon before the day and time appointed vnto vs by the said obligations for the making giuing vp and finishing And finishing of the said award wee the said Arbitrators by and with the full assent consent and agrement of both the said parties do make publish declare and giue vp this our present award betweene the said parties of for and concerning the premisses in manor forme following First we award ordaine deeme and iudge that c. Also we awarde c. And finally we award ordeine deeme and iudge c. In witnesse whereof we the said Atbitrators and also both the said parties to to the award haue interchangeably put our hands and seales the x. day of M. in the xx yere of the raigne of our Soueraigne Lady Elizabeth by the grace of God of England France and Ireland Queene defendor of the faith c. SYMBOLEOGRAPHY Of the Chauncerie Proceedings in the same and Supplications Billes and Aunsweres The Chauncerie SEing by Gods fauor we intend somewhat to Sect 1. discourse of the maner of proceeding in Chancerie suits and to set downe some Presidents thereof to the performing whereof it seemeth requisite first to vnfold the nature of Equitie Conscience the rigor of the common Lawes of this Realme as the proper obiect or matter whereabout such suites are for the most part occupied to the end it may with the more facilitie be vnderstood how and when such suits are fitly to be taken in hand Therefore we wil first speak of Summum ius which oftentimes precisely regardeth the verie letter and words of the common Lawes for remedie whereof parties grieued pray aide of this honorable Court of Chauncerie to bridle extremitie and reduce such rigor to Equitie and Conscience Of strict or precise Law which is called Ius summum ARistotle calleth it Eract or precise Law because that if it haue Sect 2. no allay in it to qualifie the harshnes seuerity of it it is vnpleasant and sower in tast and repugnant to Equitie And Budaeus saith that this word strict and precise Law is a word which amongst the Ciuilians signifieth verie hard law exact and ful of rigor and almost vniust For they that writ of the Law make these words strict Law and Equitie opposite the one to the other thus farre Budaeus The Lawiers do also tearme it Ius subtile subtil Law Other Lawiers do tearme it Summum Ius Law in the highest degree or most exact and it is so taken of them when men stand more vpon the letter of the Law then vpon the meaning of the writer or maker of the Law In which behalfe it so falleth out oft times that vnder a colour of knowledge of the Lawes many grosse and dangerous errors be committed Corasius Missel li. 2. ca. 8. Nu. 12. Oldendorpius deuideth this Ius summum or Law in the highest degree into two branches the one proper the other improper Law in the highest degree so properly termed or taken is an vndoubted infallible rule of honestie which may generally without exception be put in executioÌ„ in any coÌ„mon weale whether it be originally grouÌ„ded vpon the Law of Nature or vpon the Law of Nations For examples whereof you may take all the rules and principles of the Law for these rules and principles of the Law do in their kind most strictly and exactly define and bound out the matter which thâ—y handle barely and nakedly without any regard of circumstances of the fact that may fal out of which sort of rules are these Keepe thy word hurt no man these are general rules of Law in the highest degree so righteous and full of Iustice in their kind that by the Law of Nature it selfe better and more rightfull cannot be giuen Li. 1. F. de pactis But here you see no respect had to any circumstance of your worde or hurting for this point belongeth to Equity or the Court of Conscience which with vs is called
he giue him day to replie By which day if he do not replie the defendant may procure a dismission and get costes Et dicta videtur Replicatio quod vel implicatam quasi tectam exceptionis iniquitatem replicet patefaciat vel potius quod equitatem actionisab excipiente rei tectam quasi complicatam explicet atque aperiat Hottamanus And a title of a Replication is thus The Replication of W. P. Complainant to the answere of R. C. defendant What a Reioinder is A Reioinder is thanswere which the defendant maketh to the plaintifes Sect. 66. replication which must pursue and confirme his aunswere and not swarue from the same and sufficiently confesse and auoide denie or trauerse each materiall part of the plaintifes replication Est autem reiunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris confirmandum exceptionem rei Spieg. If the parties be not at issue by reason of some new matter disclosed in the defendants reioinder that requireth aunswere Then may the plaintife Surreioine to the said reioinder and the defendant in like maner to the Surreioinder if there be cause which happeneth verie seldome And the title of a Reioinder is thus The reioinder of C. A. defendant to the Replication of E. W complainant What a Surreioinder is A Surreioinder is a second defence of the plaintifes action opposite Sect ' 67. to the defendants reioinder And therefore Hottamanus calleth it Triplicatio quae est secunda actionis defensio contra rei duplicationem opposita And thus is the title of a Surreioinder The Surreioinder of E. W. complainant to the Reioinder of C. A. defendant A Bill of complaint for entring into and making secret estates of Copyhold lands wasting part therof mingling part therof with the lands of others to disinherite the Plaintife by hauing the Copies therof HVmbly complayning sheweth vnto your Honorable L. H. E. of Sect ' 68. B. in the Countie of Yorke Esqu That whereas H. E. late of S. Esquier deceased father to your Orator was in his life time by good and lawfull conueyance and assurance in the law lawfully seised to him and to his heires in fee simple according to the Custome of the manor of W. in the said Countie of Y. of one Copyhold or Customarie mesuage or tenement and of certaine Customarie lands meadowes and pasture to the quantitie of one hundred acres or thereabouts And the said H. E. your Orators father so being thereof seised as aforesaid and being visited with sicknes during the minoritie of your said Orator by good and lawfull conueyance and assurance in the law and according to the custome of the said manor of W. did conuey assure and surrender the said Copyhold or customarie mesuage or tenements and other the premisses with the appurtenances into the hands of A. B. the Lord of the said manor for the better maintenance and to the vse of your said Orator To haue and to hold to your said Orator and to his heires and assignes at the will of the Lord according to the custome of the said manor By force whereof your honors sayd Orator in the Court of the said manor paied his fine and was of the said Copyhold Customary tenements with the appurtenances by the then Steward of the said manor of W. admitted tenant But so it is if it may please your honor that all the Euidences and Copies of and concerning the said mesuage lands tenements and premisses being left in the hands custodie and possession of your Orators said father whilest he liued in right belonging vnto your Lordships said Orator are now by casuall and sinister meanes comen to the hands and possession of one H. H. of O. in the said Countie of Y. who by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made and conueyed vnto himselfe and to others to his vse diuers and sundry secret estates thereof and doth pretend wholie to disinherite your Lordships said Orator of the same notwithstanding your said Orator hath by diuers and sundry meanes in friendly maner oftentimes sought to haue the said Euidences and Copyes and requested the same at the hands of the said H. H. and also that he would yeld vnto your said Orator the quiet possession of the said mesuage lands and premisses to whom he doth well know the same in right to belong and appertaine yet that to do he hath not onely denyed and refused and still doth denie and refuse to do the same But of his further malice against your said Orator he doth threaten your Orator in such sort that your Orator for want of the said Euidences and Copyes dareth not make his iust and lawfull entrie in and to the same And also the said H. hath committed and doth continue daily great and outragious wastes and spoyles in decaying of the houses felling downe of the wood and tymber trees of the premisses to your Orators great losse and disinherison and contrarie to all right equitie and good conscience In tender consideration whereof and forasmuch as by the strict course of the common Lawes of this Realme your Lordships said Orator hath not any ordinarie remedie for the obteyning and recouering of the said Euidences and Copyes for want of the certeine knowledge of the contents and dates thereof and what in them be conteyned neyther can your Orator learne against whom to commence any suit for the said mesuage lands and premisses for that the said H. H. and others to your Orator altogether vnknowen haue confederated them selues together against your said Orator and haue contriued and made amongst them selues diuers secreat estates conueyances and haue so intermingled the same to and with other lands tenements and hereditaments to and with certeine of their owne freehold and inheritance that your Orator knoweth not which the same be nor how much thereof the said H. H. other his confederates do seuerally hold whereby to commence any action or suit or make any lawfull entrie into or for the same without your Orators great daunger And yet your Orator hopeth that vpon the corporall Oath of the said H. H. he will manifest such matter whereby your Orator may the more better easily and readily proceede and attaine to the recouering of his iust lawfull right and inheritance of the premisses For the furtherance whereof it may please your good Lordship to graunt vnto your said Orator her Maiesties most gratious writ of Subpena to be directed to the said H. H. commaunding him there by at a certaine day and vnder a certaine paine therein to be limitted personally to be and appeare in her Maiesties high Court of Chauncerie then and there to aunswere to the premisses c. The Answere of H. H. defendant to the Bill of complaint of H. E. complainant THe said defendant saith that the said bill of complaint against him Sect '
69. exhibited into this honorable Court is very incertaine vntrue and insufficient in the Law to be answered vnto by the said defendant for diuers and sundry apparant faults imperfections therein contained And deuised and exhibited into this honourable Court partly of malice and euill will without any iust cause conceiued against the said defendant to the intent thereby vniustly to vexe molest him with tedious trauell being an aged man and to put him vnto great expences being very poore But chiefely to thintent and purpose to wearie impouerish and terrifie him this defendant Neuerthelesse if by the order of this honorable Court this defendant shal be compelled to make any further or other aunswere vnto the said vntrue incertaine insufficient bil of complaint then and not otherwise the aduantage of exception thereof to this defendant at all and euerie time and times hereafter saued for further answere thereunto and for a full and plaine declaration of the trueth touching so much of the materiall contents of the said bill as in any sort concerneth this defendant He for himselfe saith that whereas the said complainant in his said bill alleageth that one H. E. his father deceased was in his life time by good and lawfull conueyance and assurance in the Law lawfully seised to him and his heires in fee simple according to the custome of the said manor of W. in the saide bill mentioned of one copyhold or customarie mesuage or tenement and of certaine customarie lands meadowes and pasture to the quantitie of an hundred acres or thereabouts and that he being thereof so seised and visited with sicknes during the minoritie of the said Complainant by good and lawfull conueiance and assurancein the Lawe and according to the Custome of the said manor of W. did conuey assure and surrender the same Copyhold or Customarie mesuage or tenement and other the premisses with the appurtenances thereunto belonging for his better maintenance to the vse of the said cōplainant To haue and to hold to the said complainant and to his heires and assignes at the will of the said Lord according to the custome of the said manor And that by force thereof the said complainant in the Court of the saide manor paid his fine and was of the said copyhold or customarie tenements with thappurtenances by the then steward of the said manor of W. admitted tenant He this defendant saith that to his knowledge the said H. E. late father of the said complainant was neuer either lawfully seised to him and to his heires according to the custome of the said manor of W. of the said tenements and premisses in the said bill mentioned by any good and lawfull conueyance and assurance in the law according to the custome of the said manor Nor did euer conuey assure and surrender the said customarie tenements and other the premisses to the vse of the said complainant his heires and assignes Neither did the said complainant euer pay his fine for the same in the saide court neither was he euer lawfully admitted tenant thereof as he the said complainant in his said bill vntruely pretendeth And whereas the said complainant in his said bill also pretendeth that the euidences and copies of and concerning the said mesuage lands tenements and premisses being left in the hands custody possession of the said complainants father whilest he liued in right belonging vnto this complainant are now by casuall meanes comen to the hands and possession of this defendant and that he by colour of the hauing thereof hath wrongfully entred into the said mesuage lands and premisses aforesaid and hath made conueyed to himselfe and to others to his vse diuers and sundry secret estates therein and doth pretend thereof wholly to disinherite the said complainant This defendant saith that none euidences or copies of or concerning the said mesuage tenements and premisses are by casuall meanes or otherwise come to the hands or possession of this defendant and that by colour of hauing thereof he this defendant neither wrongfully entred into the said mesuage tenements and premisses nor any part thereof neither hath he this defendant conueyed to himselfe or to any other person to his vse diuers and sundrie or anie secrete estates thereof neither doth he pretend thereof wholly to distinherite the said complaint as in the said bill it is vntruely alleaged without that that the said complainant by diuers and sundrie meanes in friendly manner hath oftentimes sought to haue the saideuidences and copies and requested the same at the handes of this defendant And also that he would yeeld vnto your said Orator the quiet possession of the said mesuage tenements and premisses or that he this defendant doth well know the same in right to belong vnto him the said complainant as in the said bill it is vntruely alleaged And without that y◠he this defendant of malice against the said complainant doth threaten him the said coōplainant in such sort that he for want of the said euidences dareth not make his iust lawfull entrie or claime to in the same premisses or that he the said defendant hath or could commit or doth or can continue daily committing great outragious wastes and spoiles in decaying of the houses and felling downe of the woods and timber trees of the premisses to the great losse and disherison of the said complainant and contrarie to all right equitie and good conscience as in and by his said bill of complaint he hath most vainely and vntruely alleaged For touching the said supposed threats this defendant saith that he is a verie feeble poore olde quiet man verie desirous of the fauour and good will of all men and therfore neither willing nor able by his threats to terrifie or feare the said complainant being a gentleman of worship power and liuing hauing many kinsfolkes alies friendes and seruants so that he this defendāt hath rather iust cause to be affraid of the said complainant then the said complainant to feare him And further touching the said wastes and spoyles this defendant saith that the said customarie or Copihold in W. aforesaid are holden of the manor of W. aforesaid And without that that the said complainant hath or euer had anie lawfull title to commence anie action or suite or to make anie entrie against or vpon this defendant for anie landes tenements or hereditaments in the said bill of complaint mentioned as it is therein vntruely alleaged And without that that this defendant can vpon his corporall Oath manifest such matter whereby the saide complainant may the more better easily and readily proceed and attain to the recouering of anie iust or lawfull right or inheritance or in anie other maner then in this answere is set downe as the said complainant vnwisely gesseth and most bainely hopeth as he in his said bill alleageth And without that that any other matter thing or things clause sentence article or allegation in the said bill of complaint conteined
Orator hath paid by the handes of F. B. to the said I. W. and in discharge of some debts due by the said I. W. and by his appointment at seuerall times the summe of lxx l' vi s̄ viii d. which the said I. W. hath also accepted in part of payment of the said summe of one hundred and fiftie pounds which said seuerall summes the said I. W. hath from time to time accepted as in part of paiment discharge of the said summe of 150. l' And your said Orator also standeth bound for the onely debt and duetie of the said I. W. for the payment of 20. l' more vnto I. P. Esquire which your said Orator alwaies hath beene and yet is readie to pay for the said I. W. when he shall be thereunto required so that your said Orator hath in the whole paid and satisfied vnto the said I. W. and in discharge of the debtes of the saide I. W. the full summe of one hundreth fourescore and eight poundes and more which is more then your said Orator needed to haue paide vnto him as anie money due vnto the said Anne wife of the said I. W. for the saide I. W. doth very well knowe that the said H. B. did not deuise or bequeath any more vnto the said Anne then the summe of one hundred pounds And doth also very well know that he hath diuers and sundrie times vpon the receipt and payment of the saide seuerall summes not onely confessed the receipt of the same but also faithfully promised vnto your said Orator that he would cancell and deface the said obligations yet notwithstanding so it is if it may please your good Lordship that albeit the said I. W. doth very well know that your said Orator hath fully satisfied and paide vnto him the said summe of one hundreth pounds bequeached by the said H. B. vnto the said Anne and hath also fullie satisfied and payed vnto him fourescore and eight poundes and more parcell of the said hundreth pounds which your said Orator gaue vnto the said Anne of his owne free liberalitie and for the aduancement of the said A. and that the said Obligations viz. one of one hundreth poundes for the payment of fiftie pounds and one other Obligation of two hundred pounds for the payment of one hundred pounds which your said Orator became bound in vnto the said I. W. were for the selfesame debts which your said Orator hath at seuerall payments as is aforesaid paid vnto him in discharge and in part of satisfaction of the said seuerall Obligations ought in all right equitie and good conscience to be cancelled and defaced vpon the payment of the residue of the said summes which is behind and which your said Orator is readie to pay yet he the said I. W. hauing a very greedy and couetous disposition to enrich himselfe albeit he doth very well know the said seuerall Obligations to be in effect fully satisfied and discharged as is aforesaid and that he hath not at any time beene any thing dampnified by the for bearing of the said seuerall summes yet hath he now lately commenced suite vpon one of the said Obligations in her Maiesties Court of Kings Bench and vpon the other Obligation in her Maiesties Court of common Plees meaning to take the whole forfaiture of the said seuerall Obligations against your said Orator in that your said Orator did not in trueth alwaies pay vnto him the said seuerall summes according to the condition of the said Obligations but did alwaies pay the same at such times as the said I. W. had occasion to vse it and as he did at any time demaund it and doth with all the expedition he can and with the most hardnesse that he may vse seeke to recouer the penalties of the said seuerall Obligations against your said Orator contrarie to all right equitie and good conscience and to the great hurt and hinderance of your sayd Orator And albeit your sayd Orator hath diuers and sundry times earnestly required of the sayd I. W. not only to cancel and deface the sayd Obligations vpon the paiment of the residue and surcease his seuerall suites commenced vpon the same yet that or any of them to do he hath denied and refused and still doth denie and refuse contrary to all right equitie and good conscience In consideration whereof and for asmuch as your said Orator hath no good matter to pleade in barre of the said seuerall Actions by course of the common Lawes in that albeit he hath in truth paied and satisfied the said seuerall summes in such sort as the sayd I. W. held himselfe contented therewith yet can he not make any proofe of the paiment of the same according to the conditions of the said seuerall Obligations And for that also the said I. W. hath not in any sort bin dampnified by the forbearing of the said summes of money or any part thereof and yet if he had forsomuch as your said orator hath fully paied vnto him fowerscore eight pounds more then he neede to haue paied and that of his owne liberalitie there is now no reason why he should seeke by rigor of law to take the forfeiture of the said seuerall Obligations albeit it were true that the same were not fully satisfied and discharged in such sort as they ought to be May it therefore please your good Lordship to grant vnto your said Orator the Queenes Maiesties most gracious seuerall writs of Subpena and Iniunction to be directed to the said I. W. not only straightly charging and commaunding him by the same at a certaine day and vnder a certaine paine therein to be contained limitted personally to appeare before your good Lordship in the Queenes Maiesties most high Court of Chancerie then there to answere to the premisses but also inioyning him by the same his Counsellors Attorneys and Solicitors to stay and surcease the said seuerall suits and no further to proceede in the same vntill other order shall be therein taken by your good Lordship And your said Orator shall pray for your good Lordship in honor long to indure A Bill for the detaining of a lease for yeares and taking the profites of the lands leased and secret taking of a Cow distreined and impounded by the plaintife out of the pound and charging him with thee esloyning of the same Cow HVmblie complaining sheweth to your good Lordship your daily Sect ' 72. orator N. C. of H. in the countie of D. Gentleman That whereas one T. E. of H. aforesaid gentleman was lawfully seazed in his demesne as of fee of and in diuers and sundry lands tenements hereditaments with the appurtenances set lying and being in H. aforesaid And he so being thereof seised about the 20. day of May in the 27. yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is at H. aforesaid for and in consideration of a certaine summe of money to him by the said N. C. well
and place appointed where this defendant was present with his commissioners and witnesses and one of the said complainants commissioners was in the towne where the place was appointed the same day and time readie to haue executed the said commission if the said complainant would haue spoken to him therefore as this defendant was credibly informed and the said complainant was there present at the same time and place and did or might haue spoken with him that was named commissioner for him who had a dwelling house in the same towne being the towne of M. in the same Countie and then and there the deponents vpon this defendantes behalfe were sworne and examined by and before these defendants then commissioners and some of them sworne in the presence of the said complainant And thereupon the depositions and examinations of the witnesses so sworne were by these defendants then commissioners caused to be ingrossed in parchment and certified into this honorable court and afterwards published and after publication this defendant staied without doing any thing therein by the space of two termes or thereabouts during which time the said complainant did or said nothing at all in the said court touching the said suit that this defendant euer heard of And then this def caused the said depositions to be exemplefied vnder the great seale of Eng. to his great charges which he hath readie to shew to this H. Court And the said complainant being not contented with these causels vexations of this defendant Anone after that this complainant had obtained the said commission the said coÌ„plainant for this defendants further vexation commenced suit against this defendant in the ecclesiasticall court of the Archb. of Yorke within whose dioces the same lands and tenements in N. in the bill mentioned be where the said father of this complainant and defendant died vpon surmised matters touching the supposed will mentioned in the said bill whereupon this defendant to his great charges appeared answered as behoued for the time by himselfe his procter as is there vsual whith suit the said complainant relinquished also as this defendant thinketh for he hath heard nothing therof these xii moneths and more And now the said complainant meaning nothing else but this defendants trouble molestation hath renued the said suit in this H. Court againe which before he had in the same court by the said first bill conteining the same matters in effect almost word for word as in the same bill is mentioned whereunto this defendant hath alreadie answered as appeareth by the same answere remaining of record here in this court and the same proceeded vpon both as afore is said wherefore this defendant for the causes aforesaid and for the said double vexation in this honorable court by two bils conteining in effect but one matter in substance demurreth in law and praieth that he this defendant may be dismissed out of this honorable court with his reasonable costes and charges in this suit wrongfully sustained A Bill for not surrendring a lease made by the Plaintife to the defendant in trust to trie a title and for occupying and wasting the tenth demâ—sed and for deteining of writings of copyhold lands contrarie to their agreement HVmbly complaining sheweth vnto your H. Lordship your daily Sect ' 77. Orator I. K. of W. in the Countie of Y. yeoman that whereas about 40. yeeres now last past one W. M. yeoman was lawfully seased in his demesne as of fee of in one mesuage with thappurtenances in E. in the County of M. and of in diuers lands tenements meadowes pastures hereditaments therunto belonging being freehold land in E aforesaid H. in the said conâ—ty of N. and he being there of such estate so seazed about the first yeere of the raigne of the Q. Maiesty that now is by his last will and testament in writing made written in the life time of the said W. M. did giue bequeath the same to one E. then his wife now wife vnto your said Orator for the time of her natural life the remainder thereof after her decease to one R. M. as by the said will appeareth and afterward the said W. M. died of such his estate thereof so as is foresaid seised by force of which wil and deuice the said E. by and after his death entred into the said mesuage or tenements was thereof lawfully seased in her demesne as of freehold for the terme of her life the remainder thereof after her decease to the said R. M. in forme aforesaid belonging also whereas the said W. M. was in his liâ—â— also seased of or in certain copihold or customary lands lying being within the manor of S. in the said county of N. and holden of the said manor by copy of the court rolles of the same manor in his demesne as of fee according to the custome of the saidmanor and he being thereof so seazed died therof so seazed by after whose death the said E. his wife was endoments of the third part of the said copihold or customary lands and tenements and according to the custome of the said manor admitted therof tenant by the Steward of the Court of the said manor accordingly by force wherof she likewise entred into the third part of the said customary tenements and premisses and was therof likewise seazed in her demesne as of freehold as tenant in dower therof for the terme of her life naturall according to the said oustome and quietly and peacably occupied and enioyed the same vntil about ten yeares now last past Now that your said Orator through importunancy and earnest perswasions of some friends of the said I. T. and A. L. was contented in some maner to yeeld vnto their suit and therupon for the furtherance and triall of the title and interest of the said I. T. about the fourteenth day of I. in the 26. yeare of the Queens Maiesties raign that now is without any fine income or other coÌ„sideration to him paid but giuing credit vnto the speaches of the said I. T. and A. L. that they would seeke nothing at the hands of him your said Orator but onely vse the benefit of his present estate for the resisting of certaine vnlawfull suits attempts which were then offered as they then affirmed by the said R. and others did by this your said Orators Indenture of lease bearing date about the said time demise graunt and to farme let to the said I. T. and A. L. all the said freehold lands tenements and hereditaments with the appurtenances in E. and H. aforesaid to haue and to hold the said tenements and premisses with the appurtenances to the said I. T. and A. L. their executors and assignes from the feast of S. M. the Bishop in winter last past before the date of the said Indenture vnto the full end and terme of 21. yeeres thence next following and fully to be complete and ended if the
stand to and abide to such further order direction therein as to your honorable Lordship shall be thought to stand with right equity and good conscience And your said Orator shall daily pray vnto God for the preseruation of your Honors prosperity and good health long to continue A Bill by an Administator vpon a promise made vnto the intestate by the defendant to pay vnto him certaine money in mariage of the dâ—fendants daughter with one of the intestates Sonnes COmplaining sheweth vnto your Honorable Lordship G. Earle of Sect ' 78. S. administrator of the goods and chattels of the right honorable G. Earle of S. deceased his late father that wheras about seuen yeares now last past there was certaine communication betweene the said G. Earle of S. in his life time and one W. R. of K. in the County hf N. Esquier of for and concerning a marriage then intended to be made betweene H. T. Esquier one of the sonnes of the said late Earle and E. the onely daughter and heire apparant of the said W. R. And thereupon it was fully concluded and agreed betweene the said late Earle and the said W. R. and either party did mutually promise and agree to and with the other that the said H. T. and the said E. daughter of the said W. R. should marry together according to the Ecclestasticall lawes of this realme of England at a certain day by the said parties for that purpose agreed vpon appointed And for and in consideration of the said marriage to be made as is aforesaid the said W. R about the same time did assume to the said late Earle faithfully promise to pay and giue vnto the said late Earle 4000. l of lawfull English money or there abouts at certain daies likewise in that behalfe between them agreed vpon now long sithence past by reason of which agreement promise assumption so made as is aforesaid the said H. T. did shortly after the said agreement marry and take to his wife the said daughter of the said W. R. And thereupon the said W. R. did well truly content and pay to the said late Earle the summe of 3000. l parcell of the said summe of 4000. l or there abouts And shortly after before he the said late Earle had receiued the residue of the said summe of 4000. l he the said Earle died Now so it is if it may please your honorable Lordship that the said W. R. not ignorant of the premisses and nothing regarding his said agreement faithfull promise and assumption so as is aforesaid by him made to and with the said late Earle but imagining and fraudulently intending aswell the said late Earle in his life time as your said orator being administrator of the goods chattels of the said late Earle since his death in this behalf falsly deceiptfully to defraud and deceiâ—e him of the sum of a 1000. l at the lest parcel of the said sum of 4000. l or there abouts by him agreed promised to be paid to the said late E. as is aforesaid in consideration of the said mariage although he the said W. R. hath oftentimes aswell by the said late E. in his life time as by the now E. since his death bin curteusly required to haue paid the said summe of 1000. l according to his said agreement promise and assumption yet that to do hath he euer hitherto denied and refused and yet doth denie refuse to do the same contrary to his said faithfull promise assumption to the great losse damage of the now E. and altogether against all right equity good conscience Notwithstanding that the said late Earle in respect of the said mariage hath conueyed and assured vnto the said H. T. a good estate of inheritance of diuers manors lands tenements and hereditaments worth 3000. l by the yeare or there abouts wherof the said R. his daughter is intituled to haue dower by law In consideration whereof and forsomuch as by reason of the great trust confidence which the said late Earl did repose put in him the said W. R. the said agreement promise assumption so as aforesaid betweene them made was so made secretely priuatly betweene theÌ„selues only without calling any other person or persons vnto theÌ„ to be witnesses therof which might testify the same agreemeÌ„t promise other answere to the said vntrue and insufficient bill of complaint then they and either of them for the satisfaction of this honorable Court in the truth of all the matters in the said bill most vntruly obiected by the said complainant against the said def for further and ful answere thereunto and for plaine declaration of the truth therein They the said defendants and either of them say that true it is indeed that there was a certaine speech or communication had betweene the saide complainant and these said def for such a bargaine to be had and made between them in such sort for the lease and paiments as they â—re by the said bill alleaged the which said communication was then set downe in certaine articles bearing date in the said complainants bill alleaged And it was then also most materiall for these said defendants further couenanted and agreed on the part of the said complainant that that said communication should be by him the said complainant put in writing by deed indented and according to law be executed by sealing deliuering thereof as these said defendants then did and yet do take it moreouer that the said complainant and G. B. of E. in the Countie of D. Esq shoulde become bound iointly and seuerally vnto the said def for the true performance of all and euery the said agreements in the summe of 110. li. before the paiment of the said summe of 40. li. in the said bill mentioned being the first paiment which they should haue made the which saide communication as the said defendantes did accompt it was then set down in writing vnder the terme of Articles of agreemeÌ„t but yet neuer meant to conclude or bind the said bargaine vntill the same should haue bin ingrossed sealed deliuered the said obligatioÌ„ entered at the said complainaÌ„ts costs and trauel as the said def haue euer taken it think the same wil proue so in law because it was referred to further writings more effectuall in the law to be accomplished by the said complainant the which to do he neither yet hath neither as it seemeth meant to performe but rather to gaine the said defendants money without anie assurance thereof to be made vnto theÌ„ for that he hath not caused the said articles to be ingrossed neither hath he the said G. B. entred into bond to the said defendants or either of them according to the said agreement but wholly sought if by any meanes he could cunningly to possesse himselfe of the said summe of 55. li. or of so much thereof as he could without any
of complaint if any such be he this defendant saith That true it is indeed that about three yeares now last past This said defendant or some of his seruants to his vse did receiue of this complainant xii yards of linnen cloth halfe an ell of cloth one quarter and a halfe of cloth and two scaines of threed which he thinketh to be parcell of the said wares in the said bill mentioned and supposed to be bought by this defendant of the said complainant which said wares were so receiued by this defendant or to his vse as is aforesaid to thintent that this defendant should pay to the said complainant so much money for the same as should be reasonably agreed vpon by this defendant and the saide complainant which said bargaine and agreement this defendant is and euer hitherto hath beene readie to haue performed without that that the said defendant about two yeares now last past did buy of the said complainant the said twelue yardes of linnen cloth at and for the said price of xxii s̄ or the said halfe elle of other cloth for the said price of ii s̄ viii d or the said quarter and a halfe of other cloth and two scaines of threed for the said price of xviii d for he this defendant saith that he and this complainant did neuer to his remembrance agree to anie certaine price for the said wares as in the said bill of complaint is vntruly alleaged And without that that he this defendant did euer buy of this complainant the said ten yards of beluet or any part therof or any other wares or marchandices amounting in the whole to twentie markes or for the paiment thereof euer required the said complainant to for be are him the said defendant for the space of one moneth then next following as in the saide bill is wrongfully alleaged And without that that he this defendant did faithfully assent and promise to pay the said debt vnto the said complainant at the said monethes ende Or that the said complainant trusting the bare promise of this defendant deliuered vnto him this defendant the said cloth wares veluet and marchandise as in the said bill is vntruly alleaged And without that that he this defendant perceiuing that this complainant can by no order of the common lawes of this Realme recouer any part of the said money for want of specialtie or witnesse to prone the said supposed assumption and contract hath plainely affirmed that he the said complainant shall not haue one penny thereof in such manner and forme as in the saie bill of complaint is most vntruely and slaunderously alleaged without that that any other matter c. thing things clause sentence article or allegation in the said bill of complaint contayned materiall or effectuall in the law to be answered vnto by this defendant and not c. A Bill to be discharged of sundrie bondes made by the Plaintife to diuers by the Defendants meanes vpon promise that they should not preiudice them laying open diuers cunning and lewde practises to circumuent the Plaintife HVmbly complaining sheweth vnto your honorable L. your daily Sect. 92. Orator I. M. of M. in the Countie of Y. yeoman that whereas about sixteene yeares now last past certaine debts controuersies suits and variances did arise betweene one T. L. of E. in the Countie of Y. yeoman and your said Orator and certaine other freeholders of the Lordship of Ecclesall aforesaid concerning the inclosing vse possession and occupation of certaine parcels of wast or common ground called R. in E. aforesaid wherein your saide Orator and other freeholders and all those whose estate they then had and yet haue in certaine lands in the said Lo. by all the time whereof there is no memory of man to the contrary haue vsed to haue common of pasture for their beasts and cattel vpon the said lands leuant and couchantat all times of the yeare at their wils and pleasures as vnto their tenements belonging which parcels of waste ground one N. S. Esquier before that time had demised vnto the said T. L. for certaine yeares then induring for pacifying and ending of which said suites and controuersies and of such suits and controuersies as were then betweene the said L. and S. touching the same and other things your said Orator and T. D. and other of the freeholders aforesaid and the said L. by the meanes and intreatie of the said N. S. about the said time did submit themselues to the order arbitrement and award of I. F. R. M. C. W. and E. H. touching the said controuersies to the end that the said L. would be contented that the said suites betweene him the said S. might rather by that means receiue a quiet ende then by ertremitie of law there being then great suits betweene the said N. S. and L. which the said L. would not otherwise compromit your said orator the said D. was bound vnto the said L. in one obligation of C. l vnto the said N. S. in one other obligation of C. l for performance of the said award the said N. S. then promising to your said Orator that within short time after the making of the said bond vnto him he would haue cancelled or made voide the saide bond of C. pound made by them vnto the said N. S. the meaning of which bonde your saide Orator being a simple vnlearned man thought to haue reached no further but to actes to haue bin done by himselfe against the said awarde which he the rather so thought because the said N. S. tolde him so or to the effect and they were onely so agreed to haue the condition thereof made before the making thereof And the said L. was also bound in an C. l vnto your said Orator and the said D for the performance of this part of the said awarde And afterwardes viz. about the xi yeare of the raigne of the Queenes Maiestie that now is the said arbitrators made an awarde of the premisses that the said L. should haue inclosed the said grounds during such terme as he then had therein by the demise of the said N. S. by Indenture without veration of your said Orator the said T. D. and other freeholders of the said Lo. of E. by meanes of which awarde the said L. enioyed the premisses euer since the making thereof accordingly without any vexation of the said D. or your said Orator or any other the freeholders of E. aforesaid vntill such time as the said L. caused the said premisses to be purchased or taken by lease as lands concealed and vniustly withholden from her Maiestie and thereupon caused suites to be commenced against diuers of the said freeholders by information in the Ex. of intrusion supposed to be done by them into the said premisses which suite so long continued that a verdict and iudgement therein were had for the said freeholders whereby their title to the said common being then in issue was specially found as
your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. L. c. A Bill for making false Affidauit for apparance IN most humble wise sheweth vnto your good Lordship your Lo. Orator Sect ' 101. M. F. of L. Gentleman That whereas vpon suite heretofore and yet depending in this honorable Court betweene your Lo. saide Orator then plaintife and one R. A. defendant in the said suit her Maiesties writ of Subpena was out of this said Court vnto the said R. A. directed commaunding him thereby at a certaine day therein limitted to appeare before your Lo. in the said Court and to answere to your L. said Orator in and touching the said suite Now so it is and it may please your good Lordship that the said R. A. not hauing any regard of her Maiesties said processe of Subpena so to him directed but seeking deceiptfully and fraudulently to neglect and disobey the same procured one E. B. his seruant a very lewde person and fit minister for such a purpose to come vnto this honorable Court of Chancery and there most corruptly falsely and periuriously to swere and depose vpon the holy Euangelist that the said R. A. at that time was lame and not able to trauell to this Court without great danger aâ— his health for that the paines of his lamenesse was such that he was perswaded by his friends to goe to the Bath being thirtie miles distant from his dwelling house or thereabouts and that he was gone to the said place with much a doe and there remained at the taking of his saide Oath wherein the said E. B. by the meanes subornation and procurement of the said R. A. hath most wickedly committed most willfull and corrupt periurie Forasmuch as the said R. A. was at that time in very good and perfect health ability and soundnesse of bodie without any manner of lamenesse or debilitie so as he might haue verie well trauelled without hurt or daunger of his health and was at that time at C. in the County of L. and not at Bath as the said E. B. in his said deposition most vntruely deposed May it therefore please your good Lordship c. A Bill to be relieued of an Obligation with condition for that the money was paide accordingly IN most humble wise complaining sheweth vnto your good Lordshippe Sect. 102. your daily Orator N. K. of F. in the Councie of D. husbandman and I. B of A. in the same Countie husbandman That where one N. B. of F. in the Countie of S. Gentleman hauing neede to vse and borrowe money for his necessarie vse entreated your saide Orator to borrow of one M. E. of A. in the said Countie of D. widow the summe of xx l which your said Orator did according to the request of the said N. And for the repayment therof to the said M. your said Orator became bound to her the said M. by obligation in the summe of fortie pounds with condition for the payment of the said twentie pound at a day now past which twentie pounds he the said N. hath well and truely contented satisfied and paid to the said M. according to the condition aforesaid Which notwithstanding so it is if it may please your good Lordship yet doth the said M. against all good dealing detaine the said obligation in her hands notwithstanding sundrie requestes made vnto her by your said Orator for the deliuerie thereof against all right equitie and good conscience minding as it should seeme to put the same in suite eyther against your Orator or his executors when opportunity serueth In tender consideration whereof and forasmuch as your said Orator hath not any ordinarie remedie by the course of the common law to compell the said M. to deliuer the said bond or to cancell the same according as in right she ought to doe May it please your good Lordship to grant c. A Bill for that the Plainiife hath not according to promise procured an acquittance for rents by him paide to the Defendant by the appointment of his lessor HVmbly complaining sheweth vnto your honorable Lordship your Sec ' 103. daily Orator I. M. of M. in the Countie of Yorke yeoman That whereas about the first yeare of the Raigne of the late King Edward the sixt one I. M. late father of your said Orator was lawfully seised in his demesne as of fee of and in certaine lands and tenements with the appurtenances in S. and within the parish of S. in the said Countie and being thereof so seised died thereof so seised By and after whose death the said tenements and premisses with the appurtenances discended and came as of right they ought to discend and come to your said Orator as sonne and next heire of him the said I. M. after whose death your sanâ— Orator entered into the said tenements and premisses with the appurtenances and was thereof seised in his demesne as of fee and being thereof so seised one mesuage or tenement one garden one orchard one close or croft therunto adioining diuers lands meadowes and pastures parcell of the premisses were assigned to A. M. late wife of the said I. M. deceased for her dower of the said lands of her said husband by force whereof she was thereof seised in her demesne as of freehold and she being thereof so seised afterwards that is to say about the sixt day of Iune in the fourth and fifth yeare of the Raigne of King Phillip and Queene Marie by Indenture dated the day and yeare abouesaid granted and to ferme did let vnto your said Orator the said lands tenements and premisses to hold from the date of the said Indenture vnto the ende and terme of three score yeares if she should so long liue reseruing thereupon to her yearely during the said terme of three score yeares if she so long liue three pounds of lawfull English money which yearely rent of three pounds your said Orator did well and faithfully pay vnto the said A. and her assignes vntill about the tenth yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is at which time the saide A. did grant and assigne thirtie shillings yearely parcell of the said yearely rent of three pounds during her life to one R. M. of E. in the countie of D. Cutler And afterwards that is to say about the twentith yeare of her Maiesties said Raigne the said A. for sundrie considrations did appoint the saide R. to receiue the other thirtie shillings yearely residue of the said yearly rent of three pounds to his own vse And your saide Orator euer since the said grant and appointment hath yearely paide vnto the saide R. as well the said thirtie shillings rent so to him granted by the said A. as the said other thirtie shillings rent residue of the said three pound rent In tender consideration whereof the said R. M. about the first day of Iune last past
conscience In tender consideration whereof and for so much as the said Earle knoweth not the certaine dates and other the certainties of the said deeds charters euidences exemplifications c. neither wherein they or any of them be contained therefore haue not any ordinary remedy by the common lawes of this Realme to recouer the same deeds euidences c. or any of them and wanting the same deeds c. is in daunger to loose many franchises liberties and commodities belonging to the said seuerall manors hundreds and premisses May it therefore please your honorable Lordship to graunt vnto the said Earle the Queenes Maiesties most gratious writ of Subpena to be vnto him directed commaunding him to appeare before your honorable Lordship in her Maiesties high Court of Chancery c. A Bill for not making of an assurance of landes according to a couenant alleaging the Indenture thereof to be come to the defendants handes and that some of the defendants were within age at the making of the same Indenture COmplaining sheweth vnto your honorable Lordship Gilb. Earle Sect ' 109. of S. sonne and heire of the right honorable George late Earle of S. deceased and administrator of the goods and chattels which were the late Earles at the time of his death That whereas about the moneth of September which was in the two thirtieth yere of the raigne of the Queenes most excellent Maiestie that now is one R. E. of H. in the County of D. gentleman was seised in his demesne as of fee of and in one Annuitie or yearely rent charge of twentie pounds by the yeare issuing and going forth of certaine landes in B. in the said Countie of D. and of and in one other Annuitie or yearely rent charge of fortie markers by the yeare issuing and going forth of certaine landes and tenements in B. aforesaid And where also he then had to him and his heires to thuse of him and his heires for euer by conneiance from one P. B. Esquier one melting house and certaine ground then lately vsed to the same And where further the said R. E. by conueyance from the said P. B. then had to him and his heires for euer the Tyeth of the Corne and Hey renewing comming or growing within B. aforesaid or else where within the seuerall parishes of D. or S. or eyther of them in the said County of D. And where also one T. E. sonne heire apparant of the said R. E. then also had by conueiaÌ„ce from the said P. B. to chuse of the said T. E. and his heires for euer diuers and sundry lands tenements hereditaments with thappurtenâ—â—â—ces in B. aforesaid And where also one G. E. second sonne of the said R. E. then had by conueyance from the said P. B. vnto the vse of the said G. E. his heires and assignes for euer the manor of B. with thappurtenances diuers lands tenements hereditaments with thappurtenances as by seuerall conueyances of the said seuerall tenements things premisses to the said R. T. and G. before that time seuerally made appeareth by force wherof they were thereof lawfully seised seuerally in their seueral demesnes as of fee And being thereof so seised they the said R. E. T. E. G. E. for a certaine summe of money to them well truly paid by the said late E. and for other consideratioÌ„s them then especially mouing by Indenture hearing date in or about the said moneth of Sept. in the xxxii yeare aboue said made betweene them on the one party and the said G. late Earle of S. on the other party did fully freely and absolutely alien grant borgaine sell vnto the said G. late Earle of S. his heires assignes for euer the said manor of B. with al his rights meÌ„bers appurtenances in the said Countie of D. And all singuler mesuages tofts cotages houses c. to the said Manor of B. belonging or in any wise appertaining And all other the mesuages lands tenements rents reuersions seruices and hereditaments of the said R. T. and G. E. and of euerie of them whatsoeuer scituate lying c. Together withall the reuersion and reuersions remainder and remainders of all and singuler the premisses and euerie part thereof with thappurtenances and all estate right title interest claime vse possession and demaund of them the said R. E. T. E. and G. E. and of euerie of them whatsoeuer of in and to the said Manor mesuages landes tenements hereditaments and other the premisses before mentioned and of in and to euery part thereof Excepting and for prising one grant made by the said P. B. to the said R. his heires and assignes for euer of common of pasture for all c. To haue and to hold the said Manor lands tenements and premisses with thappurtenances except before excepted vnto the said G. late Earle of S. his heires and assignes for euer to the onely vse of him the said late Earle his heires and assignes for euer And in consideration of the premisses the said late Earle by the said Indenture of bargaine and sale did grant vnto the said R. E. his heires and assignes for euer to the onely vse of the said R. his heires and assignes for euer one Annuitie or yeareiy rent charge of one hundred pounds of lawfull English money to be issuing and going out of all and singuler the said manor lands tenenmets and premisses except before excepted and except such lands tenemeÌ„ts hereditaments as were then assured or conueyed for the Iointure of the right Honorable Elizabeth then and yet Countesse of S. to be paide at the feast of S. Michaell the archangell and the Annunciation of the virgin Marie by euen portions or to this or the like effect and meaning as in and by the said Indenture of bargaine and sale amongst other things plainely appeareth the precise contents whereof this complainant cannot more certainely set downe for want of the said Indenture And whereas also as this complainant hath heard it was in and by the said Indenture of bargaine and sale couenanted and granted on the part of the said R. E. T. E. and G. E. to and with the said G. late Earle of S. this complainants said late Father his heires and assignes and euery of them that they the said R. E. T. E. and G. E. their heires and assignes and euery of them other then such person and persons for the time being whose estates and interests are in the same indenture excepted their executors administrators and assignes and euerie of them in respect onely of the same estates and interestes so excepted and euerie of them should and would at all times hereafter for and during the space of certaine yeares next ensuing the date of the said Indenture of bargaine and sale now almost ended and expired at and vpon the lawfull and reasonable request and at the costs and charges in the law of the said late Earle his heires or assignes or some
of them do make and knowledge and suffer cause and procure to be done made and knowledged all and euerie such further lawfull and reasonable act and actes thing and things deuise and deuises in the law whatsoeuer for the further and more better assurance suretie and sure making and conueying of the said Manor of B. and the mesuages lands tenements and premisses with thappurtenances in the said Indenture mencioned to be bargained and sold except before therein excepted vnto the said late Earle his heires and assignes to the onely vse and behoofe of the said Earle his heires and assignes for euer according to the true intent and meaning of the said Indenture were it by fine feoffement recouerie deed or deeds inrolled the inrolement of the said Indentures release confirmation with ioynt or senerall warranty of the said R. E. T. E. and G. E. their and euerie of their heires against them the said R. E. T. E. G. E. their and euery of their heires and assignes euerie of thē against all and euerie other person and persons whatsoeuer claiming in by frō or vnder them or any of thē or otherwise with like warranty or without warranty as by the said Earle his heires or assignes or his or their counsell learned in the lawes should be deuised aduised and required so as none of the said actes or things concerning the said further assurance should stretch or extend to any other or further warranty or warranties o◠the premisses or any part thereof then as is before expressed or to that effect and meaning as in the same Indenture of bargaine and sale appeareth But now so it is if it may please your honorable Lordship that at the time of the making of the said Indenture of bargaine and sale vnto the said late Earle the said T. E. and G. E. were within and vnder the age of one and twentie years And shortly after the making of the said Indenture and before the same was either knowledged or inrolled or any estate executed thereupon by Atturnement Liuerie of seisin or otherwise that is to say vpon or about the seuenteenth day of Nouember next ensuing the making of the said Indenture the said G. late Earle of S. died by and after whose death the right to haue and inherite the said Manors lands tenements and premisses with the appurtenances discended and came as of right the same ought to discend and come vnto this complainant as his eldest sonne next heire shortly after whose death the administration of all the goods and chattels of the said G. late Earle of S. was by the right Reuerend father in God I. by the prouidence of God Archbishop of Canterbury Primate Metropolitaine of all England committed to this complainant now Earle of S. who administred the said goods chattels accordingly And further so it is if it may please your good Lordship that the part or counterpaine of the said Indenture of bargaine and sale belonging to the said late Earle is since the death of the said late Earle by casuall meanes comen to the handes custodie and possession of the said R. E. T. E. and G. E. or of some of them or of some other person by their priuity and consent the full contents whereof are vtterly vnknowen to this complainant by colour whereof and for that the said T. E. and G. E. were so as is aforesaid within age at the making of the said Indenture they the said R. E. T. E. and G. E. hauing a great desire to haue the said manors lands tenements and bargained premisses and thereof to disinherite and defeat this complainant contrary to the true intent and meaning of the said Indenture Notwithstanding that this complainant hath yearely sithence the making of the said Indenture well truely satisfied and paid vnto the said R. E. the said Annuity or yearly rent charge of 100. pounds by the yeare in the said Indenture mentioned according to the tenor forme and effect of the same Indenture as this complainant verely thinketh And notwithstanding that this complainant hath sundrie times aswell by himselfe as by diuers others of his seruantes and friends in his behalfe sent and come vnto the said R. E. T. E. and G. E. gently requiring them and euery of them to redeliuer vnto your said Orator the said part or Counterpaine of the said Indenture of bargaine and sale of the premisses And also to make vnto him this complainant and his heires further conueyance and assurance of the said manor tenements and premisses by fine to be leuied before the Iustices of the common Plees at Westminster and for that purpose in the terme of Saint Hillarie which was in the foure and thirtieth yeare of the Queenes Maiesties Raigne that now is at Westminster in the Countie of Middlesex this complainant required the said R. and T. according to the tenour true intent and meaning of the said Indenture of bargaine and sale thereof to come before Sir E. A. knight then and yet chiefe Iustice of her Maiesties Court of common Plees at Westminster to make cognisance before the same E. A. Knight of the said manor tenements and premisses with thappurtenances in forme of Lawe that a fine thereupon might haue beene leuied to the vse of this complainant and his heires for euer yet that to doe they and euery of them haue euer hitherto refused and denied and yet doe denie and refuse to doe the same contrarie to the forme and true meaning of the couenants and agreements in the said Indenture of bargaine and saile thereof conteyned and against all right equity and good conscience and to the manifest defeating and disinheriting of him this complainant of and in the said manor landes tenenements and premisses and contrary to the true intent and meaning of the same Indenture of bargaine and sale thereof except speedie remedie be in due time prouided to preuent the same Wherefore the premisses considered and for so much as the said complainant not knowing the certaine deate and contents and other certainties of the said part or Counterpaine of the said Indenture of bargaine and sale nor wherein the same is contained whether in bagge boxe or chest locked sealed or otherwise and so hath none ordinary remedy by the due course of the common lawes of this Realme for the recouery thereof And without the same Indenture hath no direct action by the common lawes of this Realme to compell the said R. E. T. E. and G. E. or any of them to assure vnto him this complainant the said manor lands tenements and premisses according to the said bargaine thereof for lacke of the said Indenture both partes thereof being come to the hands of the said defendants Neither if this complainant had the said part or Counterpaine of the said Indenture as he hath not yet had he not thereby any meanes by the common lawes of this Realme to compell the said T. E. and G. E. or either of them to performe
the bargaine and couenants therein contained they the said T. and G. being as is aforesaid vnder the age of one and twenty yeares at the time of the making thereof It may please your honorable Lordship the premisses considered to grant vnto him this complainant the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. E. T. E. and G. E. and euery of them thereby commaunding them and euery of them at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted to be and personally to appeare before your honorable Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and further to stand to and abide such order and direction therin as to your good L. vpon the hearing of the said cause shal seeme to be agreeable with right equity and good conscience c. A Bill against the heire for entring into lands deuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam HVmbly complaining sheweth vnto your good Lordshippe your Sect. 110. poore and distressed orator G. W. of N. in the County of N. yeoman That whereas W. W. deceased father vnto your said Orator was in his life time lawfully seised in his demesne as of fee of and in the manor and Capitall messuage of N. in the County of N. and of and in one farme set lying and being within the parish of W. in the said County of N. of diuers other lands tenements hereditaments in N. aforesaid And also whereas the said W. W. deceased was likewise in his life time lawfully seised in his demesne as of fee of in certaine ground and one tenement with the appurtenances set lying and being within the parish of C. in the Countie of D. and also of and in the rectorie and personage of C. alias C. within the said County of D. and of diuers other landes and tenements set lying and being in the countie of N. and D. and he so being of the said landes and tenements seised did by his last Will and Testament in writing deuise and bequeath vnto your said humble Orator and to the heires males of his bodie lawfully begotten certaine parcels of land of and in the saide Manor of N. that is to say one mansion house wherein your said poore Orator now inhabiteth and dwelleth one close commonly called B. containing by estimation two acres or thereaboutes one other close commonly called C. containing by estimatiō two acres or therabouts one other close commonly called the vpper S. all which seuerall parcels of land are scituate lying and being in N. as is aforesaid in the foresaid Countie of N. one messuage or tenement commonly called by the name of an oxgang scituate and being in W. in the said County of N. and also one tenement called the N. scituate lying and being in the Countie of D. and also one lease of the rectorie and personage of C. in the County of D. by vertue force of which said deuise and bequeath your said humble Orator entered into the said premisses and the saide issues and profits of the same hath perceiued receiued and taken to his owne profit vse and behoofe as lawfull was for himselfe to doe as he verely beleeueth But now so it is if it may please your honorable good Lordship hhat one R. W. brother to your said humble Orator as sonne and heire apparant to the said W. W. his father deceased hath taken away concealed and cancelled as it is thought the said last Will and Testament of your said Orators father and hath taken vpon him the administration of all the goods and chattels of your said Orators father reiecting and disanulling the said last Will and Testament made by your said Orators father as aforesaid to thintent only therby of set purpose malice and vnbrotherlike dealing to defraud expell depriue and disinherit your said Orator of his right title and interest of and in the said lands deuised to him as aforesaid and also doth threaten your foresaid Orator that he may at his pleasure relinquish and disanul the beforesaid last Will and Testament made by your foresaid Orators father as is aforesaid and did take the administration of all your said Orators fathers goods and chattels and entred into all his said landes as is aforesaid contrarie vnto all right equity and good conscience and not christianlike but vnbrotherlike dealing and contrarie to the true intent and good meaning of your foresaid Orators Fathers Will made as is aforesaid vnlesse your good Lordship doe according vnto your accustomed goodnesse extend your clemency and pitty in that behalfe to your poore Orator In consideration whereof the premisses considered and for as much as the title of your said Orator by reason of the vndirect practise vsed as aforesaid in concealing cancelling and relinquishing the said last Will as aforesaid doth greatly depend vpon the witnesse and testimony of certaine persons dwelling within the County of N to prooue the true meaning of your said orators fathers Wil which are of great yeares and also very impotent not like long to liue nor yet able to trauell to this honorable Court to be examined for the testifying of the trueth touching the premisses as by common order appertaineth And also for that in time the said witnesses may die and by meanes thereof your said Orator may be in danger to sustaine disinherison of the premisses May it therefore please your good Lordship to grant the Queens c. A Bill for refusing to receiue the Plaintifes rent according to an order and taking of forfeiture of a bonde made for payment of the rent HVmbly complaining sheweth to your good Lo. your daily Orator Sect ' 111. I. T. of G. in the County of N. yeoman that whereas one I. K. of W. in the County of Yorke Miller pretended as in the right of his wife to be owner of a certaine messuage in E. in the County of N. aforesaid and of certaine land meadow and pasture thereuuto belonging and lying within the fields of E. aforesaid and the said I. R. so pretēding himselfe in the right of his said wife to be seised as is aforesaid about the 19. or 20. yeare of the Queenes Maiesties most gratious Kaigne that now is did demise the said messuage and land in E. aforesaid vnto your said Orator and one A. L. Gentleman to haue and to hold to them for the terme of 21. yeares from the time of the making thereof rendering therefore yeerely the rent of xx s̄ payable at Whitsontide and Martimnas by euen portions for the payment of which said rent of xx s̄ he the said K. knowing himselfe the title thereof to be questionable and likely to grow to some charges in law to your said Orator to defend did therefore cunningly get your saide Orator to become bound in an obligation of xx l for the yearely paiment of the said
replied vnto for diuers vntruths and imperfections therein conteined without that that the said M. one of the said defendants did honestly faithfully and truely behaue her selfe in the seruice of the said complainant as by the same defendants in their said aunsweres is vntruely alleaged for this saide complainant saith as he before by his saide Bill hath said that the said M. one of the saide defendantes did secretly deliuer to the saide A. the other defendant diuers parcels of the goods of the saide complainant that the said defendants most wrongfully detaine and withhold from him the said complainant against right and equitie and further the said complainant saith and will auerre and proue that the said A. one of the said defendants did giue her faithfull promise to satisfie and pay vnto the said complainant the vttermost value of euery losse or hinderance the said complainant should sustaine by the said M. as by his bill is most truly set forth declared without that that any other matter or thing in the said defendants answere contained materiall or effectuall to be replied vnto in and hereby not sufficiently replied vnto is true All which matters the said complainant is readie to auerre and proue as this honorable court shall award And praieth as he before by his said bill hath praied A Bill for entring into and detaining copihold lands sold by the defendant to the plaintifes grandfather which descended to the plaintife being an infant the said entrie being made by reason that the copy and court rolle of the said bargaine came to the defendants hands HVmbly complaining sheweth vnto your Lordship your daily Orator Sect. 117. F. H. of W. in the countie of Yorke gentleman that whereas about the xxiiii day of September in the third yeare of the raigne of the late King of famous memory Edward the sixt one Christopher Baxter late of F. in the said Countie husbandman was lawfully and rightfully seised in his demesne as of fee as a copiholder according to the custome of the Manor of the prebend of Laghton it the said Countie of and in one customarie messuage or tenement and one oxgange of land with thappurtenances in F. aforesaid and in another messuage or tenement and thirtie acres and a halfe of land with thappurtenances in F. aforesaid and he being thereof so seised about the time aforesaid for a certaine great summe of money to him paid by F. H. of W. aforesaid grandfather of your said Orator did surrender according to the custome of the said Manor the said customarie tenements and premisses with thappurtenances into the hands of the then Lords of the said Manor to the vse of the said F. H. the grandfather his heires for euer by force whereof the said F. H. the grandfather was thereof admitted tenant accordingly and was of the same as a copiholder lawfully seised in his demesne as of fee by and according to the custome of the said Manor and the rents issues and profits thereof arising and growing did likewise lawfully take conuert to his owne vse vy the space of diuers yeares and afterwards the said F. H. the grandfather being thereof so seised of the said tenements and premisses died thereof so seised about the second yeare of the raigne of the Queenes most excellent Maiestie that now is By and after whose death the said tenements and premisses discended and came and of right ought to discend and come vnto your said Orator being then of very young and tender yeares viz. about the age of sixe yeares as next cosin next heire vnto the said F. H. the grandfather that is to say sonn of T. H. sonne heire of the said F. H. the grandfather but now so it is if it may please your good L. that after the death of the said F. H. the grandfather all the copies of Court rols of the said manor and the very Court rols themselâ—â—â— concerning the premisses did by casuall meanes come vnto the handes custody possession of the said C. B. one T. G. of T. in the said county husbandman or to the hands of one of them which they or the one of them haue cancelled defaced intending thereby vtterly to disinherite your said Orator of the same tenements premisses by colour therof shortly after the death of the said F. H. the grandfather yâ— said C. B. old wrongfully abate and enter into the said tenements and premisses And euer since his said wrongfull entre that is to say by the space of xxiiii yeares or thereabouts hath wrongfully occupied the premisses or the most part therof and receiued and taken and conuerted to his owne vse the rents issues and profits of the said tenements premisses and will not by any meanes permit or suffer your said Orator to enter meddle or haue to do therewith And notwhithstanding that your said Orator not onely by himselfe but also by his friends hath in gentle and quiet manner diuerse times come vnto the said C. T. gently requiring theÌ„ to deliuer vnto him your said orator yâ— said copies of court rols to make reasonable recompence satisfaction vnto him your said Orator for the rents issues profits of the said tenements premisses so as is aforesaid by the said C. wrongfully receiued according to your said Orator his good right title therunto yet that to do they either of them haue euer hitherto refused denied yet do refuse and denie to doe the same against all right equity and good conscience and to the disinherison of your said orator of in the premisses to his great losse hinderance if speedy remedy be not by your good Lordship in this honorable court speedily prouided to preuent the same In tender consideration wherof and for so much as your said Orator not knowing the certain number dates or contents of the said copies and Court rols nor wherein they or any of them be conteined in bagge bore or chest locked sealed or open is therefore without all remedy by the due course of the common lawes of this Realme to recouer the same and for lacke thereof your said Orator is very like to lose the said tenements and premisses and for that also that the contents of the said bargaine and surrender of the said tenements and premisses so as is aforesaid made betweene the said F. H. grandfather and the said C. B. cannot now otherwise be proued then by answere of the said C. B. and T. B. made vpon their Dathes in this honorable Court all such persons as were witnesses of the same bargaine being now either dead or else vtterly vnknowen vnto your said Orator being so young as it is aforesaid at the time of the making of the same May it please your honorable Lordship to grant vnto your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed vnto the said C. and T. straightly commaunding them and either of them
at a certaine day and vnder a certaine paine therein to be limited to appeare before your Lordship in her Maiesties high court of Chancery then and there to answere to the premisses and to abide such order and direction therein as to your Lordship shal seeme to stand with right equitie and good conscience and your said Orator shall daily pray to Almightie God for your honour in good health long to continue c. A Bill by the husband and wife as Gardeins to her childe for euidences IN most humble wise complaining sheweth vnto your good Lordship Sect. 118. your poore and daily Orator I. W. of B. in the Countie of D. yeoman and I. his wife late the wife of I. S. the elder of B. aforesaid yeoman now deceased That where the said I. S. in his life time was lawfully seised in his demesne as of fee of and in one messuage or tenement commonly called H. of and in certaine lands meadow and pasture and other hereditaments with thappurtenances to the said tenement belonging and with the same vsually occupied scituate lying and being in B. aforesaid And he the said I. S. being of the premisses so seised did in his life time conuey and assure the same vnto certaine persons and their heires to the vse of the said I. and of the said I. then his wife and of the longer liuer of them without impeachment of waste And after their diseases to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer by force whereof the said I. S. and the said I. then his wife were thereof seised accordingly And so seised the said I. S. about three yeares now last past died seised of such estate as aforesaid hauing issue betweene him and the said I. one I. S. an infant of the age of two yeares or therabouts After whose death the said I held her selfe in the said messuages and lands and was thereof seised accordingly And so seised tooke to husband the said I. W. the other of your said Orators by force of which entermariage the said I. W. and the said I. were lawfully seised of the premisses as in the right of the said I. And your said Orators haue also the custody of the said I. S. the infant rightly belonging to the said I. his mother as gardeine in Socage Now so it is if it may please your good Lordshippe that certaine deedes euidences and writings touching and concerning the premisses and of right belonging to your said Orators and the said infant or to the one of them are casually come to to the hands and possessions of T. C. of B. aforesaid and I. S. of H. being kinsman vnto the said I. S. of B. the elder deceased who by colour of hauing the said deeds euidences and writings haue wrongfully entred into the premisses with thappurtenances and thereupon haue contriued certain secret estates vnto diuers persons vnknowen to your said Orators and by colour thereof they the said T. C. and I. S. of H. or the one of them of late time hath wrongfully entred into the premisses and hath receiued and taken the issues and profits of the premisses or some part thereof from your said Orators and although your said Orators haue diuers and sundrie times gently requested the saide T. C. and I. S. of H. to permit and suffer your said Orators quietly to haue and enioy the same premisses and to deliuer vnto your said Orators the said deeds euidences and writings touching and concerning the premisses and which of right doe belong and appertaine vnto your said Orators and to the said I. S. the infant yet they the same to doe haue hitherto refused and yet doe refuse contrarie to all right equity and good conscience which is likely to turne not only to the losse and hinderance of your said Orators But also to the preiudice and disinheritance of the said infant if speedie redresse herein be not had by your good Lordship in consideration whereof and forasmuch as your said Orators doe not know the certaintie nor certaine number of the said deedes euidences writings nor whether the same be contained in bagge or boxe sealed or in chest locked and so your said Orators and the said infant are without any ordinary remedie for the recouerie of the same by the common lawes of this Realme And for that your said Orators do hope that the same C. and S. will vpon their Oathes in this honorable Court confesse the certainty and truety therein where the said euidences are to be had or to whom they haue deliuered the same May it therefore please your good Lordship the premisses considered to grant vnto your said Orators the Queenes Maiesties c. The Answere of the same THe said defendants say and euery of them seuerally saith that the Sect. 119. said bill of complaint is verie vncertaine vntrue and insufficient in the law to be answered vnto for diuers manifest defaults and imperfections therein contained and framed and exhibited into this honorable Court as these defendants verely thinke of malice and euill will to the intent to put these defendants to great trauaile charges and expences to make their personall appearance in this honorable Court the said defendants dwelling in B. aforesaid in the saide countie of D. which is sixscore miles distant from the Citie of Westminster and without any iust cause so to doe and these defendants further say that if the surmised matters contained in the said bil of complaint were true as in very trueth they are not yet were the same determinable and to be determined by the common lawes of this Realme and not in this honorable Court whereunto these defendants pray to be dismissed with their reasonable costes charges and damages in this behalfe wrongfully and without iust cause sustained yet neuerthelesse if these defendants shall be compelled by the order of this Court to make any further or other answere vnto the said vncertaine and insufficient bill of complaint then the aduantage of exception to the incertaintie and insufficiencie thereof to these defendants and either of them at all times here after saued for further answere thereunto and for a full and plaine declaration of the trueth say that they thinke it is true that the said I. S. was in his life time lawfully seised in his demesne as of fee of and in the said messuage or teuements commonly called the H. and of and in certaine lands meadow and pasture and other hereditaments with the appurtenances to the said tenements belonging and with the same vsually occupied scituate lying and being in B. aforesaid as in the said bil of complaint is alleaged but the said defendāts further say that the said tenements in the said bill of complaint contained as they verely beleeue are holden of the right honorable G. Earle of S. of his manor of C. in the said Countie of D. by knightes seruice and by the yearely rents of two shillings And that he
being thereof so seised and the said Earle being also seised in fee of the said manor as these defendants thinke died thereof so seised by and after whose death the said tenements and premisses in the said bill mentioned descended and came to the said I. S. the sonne as sonne and heire of the said I. S. deceased who is yet within the age of one and twentie yeares by meanes wherof the said Earle after the death of the said I. S. the father as garden of the said I. S. infant during his minority by reason of the tenute aforesaid seised the bodie of the said I. S. the infant without that that to the said defendants knowledge the said I. S. the father being of the premisses seised in fee did in his life time conuey and assure the same premisses vnto certaine persons and their heires to the vse of the said I. S. of the said I. then his wife of the longer liuer of either of them without impeachment of wast and after their decease to the vse of the heires of their two bodies lawfully begotten with diuers remainders ouer as in the said bill of complaint is vntruely alleaged or that to these defendants knowledge by force thereof the said I. S. and the said I. S. then his wife being thereof so seised died thereof so seised or that to these defendants knowledge after his death the said I. held her selfe in the said messuages landes and premisses and was thereof so seised accordingly by force of any such conueiance or that she being thereof so seised tooke to husband the said I. W. or that by force of the saide entermariage the saide I. W. and the saide I. to the knowledge of these defendants were so lawfully seised of the said premisses in the right of the said I. as in the said bill is alleaged And without that that to these defendants knowledge the said I. W. and I. haue the custodie of the said I. S. the infant rightfully belonging to the said I. as Gardein in Socage as in the said bill is likewise alleaged And without that that any deeds euidences and writings touching and concerning the premisses and of right belonging to the said infant or to one of them are casually come to the hands custody and possession of the said defendants other then such deedes euidences and writings as the said I. did deliuer vnto the said T. S. the one of these defendants which he the said T. about one yeare now last past or more vpon the receipt of the Queenes Maiesties writ of Subpena deliuered to I. L. late of H. Haull in the County of D. Gentleman to the vse of the said infant which as he remembreth was done by appointment or agreement of the said I. And then an other old deede or writing without date conteyning these words following or the very like in effect and meaning viz. Sciant praesentes futur̄ quod ego Io. filius Tho. de B. dedi concess hac praesenti charta mea confirmaui Duranto de Toxdwood pro homag ' seruitio suo pro quadam pecuniae summa mihi prae manibus soluta totam terram meam quae vocatur le Haule cliffe in territorijs de B. cum boscis pratis pascuis pasturis omnibus suis pertin̄ sine aliquo retento quae iacet integre in latitud ' int̄ viam quae ducit versus B. terram quam L. de L. quondam tenuit extendit se in longitudin̄ de meta de B. vsque ad terram Abbat̄ de R. terram quae fuit A. F. terram R. de le Scagh vna cum tota illa terra cum domibus edificijs in ea sitis cum omnibus suis pertin̄ quam R. de T. quondam tenuit quae iacet integre inter terra c. And without that any other matters c. A Bill to be discharged of a Recognisance for the sauing of landes solde harmelesse for that a lease made thereof by which he seemeth to be dampnified was either made in trust or by surrender before the said bargaine with an answere replication and reioinder to the same bill COmplaining sheweth vnto your honorable Lordship Geor. Earle Sect. 120. of Shrowsbury that whereas Sir W. S. knight Lord M. deceaced in his life time about nine yeares now past was lawfully seised of an estate of inheritance amongst other lands and tenements of the third part of the scite mansion house of the late dissolued Abbey Monastery or Priory of B. in the county of L. and of all and singuler messuages houses edifices buildings orchards gardens fishings ponds lands tenements meadowes pastures commons hereditaments with the appurtenances to the said scite belonging then late in the occupation of F. S. afterwards in thoccupation of one M. and the said Lord M. being thereof so seised about the xvi day of December in the vii yeare of the Raigne of our Soueraigne Lady the Queenes Maiesty that now is of speciall and secret trust confidence by him the said Lord M. reposed in one W. S. of M. in the county of S. gentleman M. his wife or of one of them did make an Indenture bearing date the xvi day of September in the said vii yeare of a demise of the said third part of the said scite lands tenements and hereditaments with the appurtenances to the said W. S. and M. his wife to haue to hold the same vnto the said W. S. and M. from the decease of K. T. of S. for and during the terme of xxi yeares then next ensuing as by the said Indenture appeareth And deliuered the said Indenture to be deliuered as his deed when the said W. S. had performed certaine conditions agreements betweene them made vpon which Indentures made by them it was neuer intended nor agreed that the said W. S. and M. his wife or their executors or assignes or any of them should take any benefit to them but that the same lease should be surrendred and at all times disposed at the pleasure of the said Lord M. by force whereof the said W. S. and M. were possessed of the interest of the said terme accordingly and being thereof so possessed And the said L. M. being seised of the said R. of the third part of these tenements premisses of an estate of inheritance afterwards that is to say the xviii day of May in the xii yeare of the Raigne of our said Soueraigne Lady the said Lord. M. by Indenture bearing date the said day and yeare did bargaine and sell the said third part of the said premisses among other things to one I. C. of C. in the county of S. Esquire and F. S. of S. in the said County Gentleman and their heires for euer by which last recited Indenture the said Lord M. for him and his heires did couenant and grant to and with the said I. C. and F. S. and either of them that aswell the said I. C. and
F. S. their heires and assignes as all the said manors and tenements by the said Indenture to them bargained and sold at the ensealing and deliuery of the same Indentures were discharged exonerated or saued harmelesse and from thencefoorth at all times and from time to time hereafter for euer should be discharged exonerated acquited or saued harmelesse by the said W. Lord M. his heires executors or administrators of and from all and singuler giftes grants leases charges and incumbrances had made granted or suffered in or to the premisses or any part or parcell thereof by the said Lord M. or by any other person or persons whatsoeuer other then the said estate of the said K. S. late Dutchesse of S. and certaine other things in and by the said Indenture excepted as by the said Indenture appeareth For performance of which couenant of the said Indenture the said Lord M. Eagle the second day of Iune in the said xii yeare became vounden vnto the said I. C. and vnto one M. S. of I. L. in the County of B. Esquire by recognisance knowledged in this high court of Chancery in the summe of two thousand pounds as thereby appeareth And shortly afterwards that is to say about sixe yeares now last past the saide K. late D. of S. died and the said I. C. and F. S. entred into the manors tenements and premisses with the appurtenances and were and yet be thereof seised in their demesnes as of fee by force of the said conueyance and the profits thereof arising and comming to their owne vse tooke and yet doe quietly so take the same without any interruption let or trouble of the said W. S. and M. his wife and their assignes and euerie other person or persons according to the couenant true intent and meaning of the said Indenture of bargaine sale And afterwards that is to say about fiue yeares now last past the said Lord M. for the summe of sixe thousand pounds or thereabouts did bargaine and sell to the said Earle and his heires the manor of B. in the County of Yorke and diuers other lands and tenements in B. and other places in the said County by force whereof the said Earle was thereof lawfully seised in his demesne as of fee and the issues and profits thereof arising and growing did quietly take and conuert to his owne vse from the time of the bargaine during all the life time of the said Lord M. W. S. which was by the space of three yeares after the death of the said Dutchesse or thereabouts And afterwards that is to say about fiue yeares last past the said M. died since whose death the said I. C. M. S. F. S. T. H. D. W. M. and I. T. And the said M. late wife of the said W. S. and executrix or administratrix of the said Will as the saide Earle is informed by the agreement and priuitie of Ed. Lord Morley and the Lady Elizabeth his wife daughter and heire of the saide Lord Mount Eagle hauing gotten into their hands the said Indenture of demise albeit that the said T. performed not the conditions and couenants betweene him the said Lord M. amongst themselues did conceale and frustrate the saide trust reposed by the saide Lord. M. in the saide W. S. and M. or the one of them to the intent to extend the saide Recognisance of two thousand pounds vpon the saide manor of B And such other lands and tenementes as the saide Earle hath purchased of the said Lord M. contrarie to the good meaning of the said Lord M. contrarie to the great trust and confidence by him reposed in the said W. S. and M. his wife and the true meaning of the said Indenture of lease And for that purpose haue procured the said estate and interest of the said W. S. and M. of the said third part to be conueied to the said M. to the intent that the said W. M. should enter into the said third part so leased as is aforesaid to disturbe the possession of the said C. and F. S. which he hath done accordingly to the intent that therby the said I. C. M. S. might haue some colour to extend the said Recognisance of two thousand pounds aginst yâ— said Earle notwithstanding that the said I. C. F. S. euer since the entrie of the said M. haue quietly occupied the said demised third part yet do quietly occupy the same not hauing had any damage thereby to the value of xii d by reason of the said lease All which notwithstanding if it may please your good Lordship the said M. S. F. S. and I. C. haue procured execution of the Recognisance of two thousand pounds to be sued against the said Earle by proces out of this honorable Court according to the forme and effect of the said recognisance for that as they suppose the said third part is charged with the said lease thereof made to the said S. and his wife and assigned by the said S. to the said W. M. who by force thereof hath entred into the said third part and disturbed the possession of the said I. C. and F. S. and their assignes And for that by meanes therof the said manors lands and tenements to them bargained and sold by the said Lord M. in forme aforesaid were not saued harmelesse by the said Lord M. or his heires of and from all and singuler leases had made or granted of the said manor and other the premisses mentioned in the said Indenture of Bargaine and sale according to the forme and effect thereof which said practise and compact is much against the said trust and meaning of the said Lord M. reposed in the said W. S. and M. â—is wife and against the true meaning of the said Indenture of lease Recognisance tending to the great losse and damage of the said Earle and against all right equity and good conscience if the said purpose should not be equity and consideration of this honorable Court be preuented and mette withall In consideration wherof and for so much as aswell the said trust touching the said lease as the said compact and agreement amongst the said parties to extend the said Earle his said lands by reason of the said Recognisance by matters secretly agreed vppon amongst themselues the said Earle not knowing any witnesses which were present at the making thereof so that the said Earle can very hardly make such proofe in this honorable Court thereof or of the said conditionall deliuerie of the said Indenture as is necessary in the behalfe vnlesse the said parties or some of them will confesse the same in their answeres vpon their Oathes in this honorable Court as the said Earle verely thinketh they will And for asmuch also as it is very likely that the said Lord M. would neuer haue entred into the said recognisance of two thousand pounds for the performance of the said couenants of the said Indenture of bargaine and sale without making
exception therein of the saide lease if the said lease of the said third part before the making of the saide Indenture of bargaine and conueyance had not beene so deliuered of credit and of trust frustrated or granted ouer to the said W. M. or some other by the consent and agreement of the said I. C. and F. S. for their benefit for the auoiding of new charges growing betwene the making of the said lease the said bargaine And albeit aswell the other two parts of the said lands as all other lands tenements with thappurtenances bargained sold by the said Indenture were be clearly discharged of al incumbrances according to the true meaning of the said Indenture it may therefore please your good Lordship the premises coÌ„sidered to grant vnto the said Earle the Queenes Maiesties most gracious writ of Subpena to be directed vnto the said I. C. M. S. E. L. M. and E. his wife C. D. W. M. I. T. M. commaunding them and euery of them at a certaine day and place and vnder a certaine paine therein to be limitted to be and personally to appeare before your good Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and to abide such further order and direction therein as to your honour shall seeme to stand with right equitie and good conscience And the said Earle c. A Bill for the defendant by meanes of enâ—ermariage with the wife and executrix of one who by casuall meanes got the possession of one deede of demise indented made vnto the plaintife detaineth the said demise and by colour thereof doth occupie the tenements demised and taketh the profits to his owne vse IN most humble wise complaining sheweth vnto your good Lo. your Sect ' 121. daily Orator I. M. of B. in the County of N. That whereas one T. C. of D. within the County of Y. did by his deed Indented of demise about the fiueteenth yeare of the Raigne of our Soueraigne Ladie the Queenes Maiestie that nowis demise and grant to your said Orator ten acres of land fiue acres of meadow and fiue acres of pasture with thapppurtenances lying and being in B. aforesaid To haue and to hold to your said Orator and his assignes for the terme of xxi yeares from and after a certaine day therein expressed if the said T. C. should so long liue for the yearely rent of xx shillings payable at the feast of P. and Saint M. the Bishop in winter by euen portions But now so it is if it may please your good Lordship that the said Indenture the certaine dates or contentes whereof your saide Lordshippes Orator knoweth not before the day when the said lease should begin and take effect did by casuall meanes come to the hands custodie and possession of one I. W. who made his last Will and Testament and therein appointed one E. then his wife his sole executrix and died by and after whose death the said Indenture came into his hands and custodie of the said E. since which time the said E. did marie and tooke to husband one R. I. of B. by reason of which intermariage the said Indenture is now come to and remaineth in the hands custodie and possession of the said R. I. and E. his wife or of the one of them who by reason of hauing of the said Indenture without any iust title or interest therein haue entred into the said premisses with thappurtenances and will not in any wise quietly permit and suffer your Lordships said Orator to haue and inioy his said terme of and in the premisses according to his lawfull right and interest therein but contrarie to all equitie and good conscience haue euer sithence taken and conuerted and as yet doe daily take and conuert the issues to their own proper vse and behoofe and will neither deliuer vnto your Lordships said Orator the said Indenture nor permit and suffer him to haue and peaceably enioy the said premisses as aforesaid or any part thereof although your said Orator hath at diuers sundrie times required them so to doe In consideration whereof and for as much as your Lordships said Orator is without all helpe and remedie at the common law for that he knoweth not nor remembreth the dates or contents or any other certainty of the said Indenture May it please your good Lordship to grant her Maiesties gracious writ of Subpena to be directed to the said R. I. and E. his wife and to either of them commaunding them and eyther of them thereby personally to appeare before your honor in her Maiesties high Court of Chancery at W. at a certaine day and vnder a certaine paine by your honor therein to be limited there c. A Bill against an Infant for bourding and apparrell deliuered to him by the plaintife and for not performing of a lease IN most humble wise complaining sheweth vnto your Honorable Sect. 122. Lordship your daily Orator T. T. of B. in the Countie of D. husbandman That whereas about foure yeares now last past one G. B. of B. aforesaid yeoman being seised in his demesne as of â—ee of and in diuerse landes tenements and hereditaments with their appurtenances in B. aforesaid holden in Socage of I. S. as of the Manor of D. which said tenements and premisses the said G. B. had by discent by and after the death of B. his late father and the said G. B. being thereof so seised and being of the age of xx yeares or thereabuuts and vnder the age of xxi yeares about the xxv day of Iuly which was in the thirtie yeare of the Raigne of the Queenes most excellent Maiesty that now is by means counsaile procurement and perswasion of diuers euill disposed persons that is to say one A. E. I. M. W. M. T. C. H. M. N. H. W. H. and D. D. intending by their vngodly compact practise to make a pray of the simplicity of your said Orator being an ignorant vnlearned man the said G. B. came vnto your said Orator pretending that he did then beare great good will and fauour to your said Orator and therefore entreated your said Orator that he might boord remaine with your said Orator in his house at B. aforesaid and not onley haue meat drinke lodging but also such apparrell rayment as your said Orator should thinke meet conuenient for his degree calling at the costs charges of your said Orator promising faithfully and fully to satisfie your said Orator for all such charges expences as he by reason of the premisses should in any wise sustaine Wherefore your said Orator giuing credit vnto the said G. B. in the premisses thinking that that he had faithfully promised he would fully and effectually haue performed did then fully consent and agree to and with the said G. B. to find him meat drinke lodging apparrell as is aforesaid for the consideration promised
and would not take any aduantage of the forfeiture of the said bond against the said coÌ„plainant but would cancel the said bond and take new bond for the paimeÌ„t therof at the feast aforesaid And that the said complainant relying vpon the foresaid agreement promise and assumption of the said P. for the forbearing of the said c. vntil the said feast of c. aforesaid and for the taking of a newe bond for the payment thereof at the feast aforesaid did not pay the same according to the condition of the foresaid Obligation which otherwise he would haue done in such sort manner and forme as in the said bill of complaint is also most truely set forth and declared And with that also that the said complainant in Mich. Terme last past sent the said G. V. his seruant to L. with the said money to make payment thereof And that the said W. W. the other defendant vpon offer of tender of the foresaid summe of money by the said V. The said W. W. did promise to deliuer the saide bond vnto the said V. within short time after so as the said V. would deliuer ouer a bond which he had in his keeping to the vse of the said P. and would also at a time betwene them agreed on make paiment of the said summe of c. which bond was deliuered ouer accordingly to the said P. or W. by the said V. And the said V. was readie to tender and pay the said money according to the said appointment in such sort manner and forme as in the said bill of complaint is also truely alleaged Without that that the said W. P. one of the said defendants sought often to the said complainant and made meanes to him to haue the saide debt either to be paid in mony or that he might be satisfied therof some other way who made him many faire promises to do the same but neuer ment or intended it in such sort manner and forme as in the saide answere is most vntruly alleaged For the said complainant saith that he did often and sundrie times both before the said feasts c. and diuers times sithence offer to make paiment of the said summe c. vnto the said W. P. and. W. and alwaies was and yet is readie and willing vppon the redeliuerie of the foresaid bond to pay the same in such sort as in the said bill of complaint is most truely shewed and alleaged And without that also that any other thing matter or circumstance in the said aunswere mentioned materiall or effectuall to be replied vnto and in this Replication not sufficiently confessed auoyded denied trauersed or otherwise replied vnto is true All which matters the said complainant is readie to auerre and prooue as this most Honorable Court shall and will awarde And prateth as before in his said bill of complaint he praied The Ioint and seuerall Reioinder of W. P. and W. W. defendants to the Replication of E. L. complainant THe said defendants say and either of them for himselfe seuerally Sect. 127. saith that the Replication of the said complainant is vniust and vntrue and very insufficient in the law by these defendantes or either of them to be reioined vnto Notwithstanding all aduantage of exception to the incertainty and insufficiency thereof to these defendants and to either of them at all times hereafter being saued for reioinder vnto the said in sufficient replication These defendants say and either of them for himselfe seuerally saith in all and euerie matter and thing as they and either of them in their seueral answeres haue said without that that any other matter cause or thing whatsoeuer materiall or effectuall contained in the said replication by these defendants or either of them to be reioined vnto and not herein sufficiently confessed and auoided trauersed or denied is true All and euerie which matters and things these defendants and either of them are readie to auerre and proue c. A Bill for detaining lands with euidences MOst humblie complaining c. your daily Orator I. S. of A. in Sect. 128 the County of H. Husbandman That whereas R. S. of H. in the County of H. aforesaid Husbandman and grandfather to your Orator was in his life time seised in his demesâ—e as of fee or in fee taile of and in certaine messuages lands and tenements to the yearely valew of c. or there abouts lying in H. aforesaid and of the same died seised By force whereof the said tenements discended and came as of right they ought vnto one I. S. father to your said Orator sonne and heire to the said R. who afterwards entred into the same and was for diuers yeares seised of the tenements accordingly vntil about the first yeare of the Raigne of the late King Edward the sixt At which time one W. G. of H. aforesaid happening by casuall meanes to get into his possession all the euidences charters and writings concerning the said lands and tenements And knowing that your said Orators father could not for want of those euidences charters writings defend his right title and interest to the lands aforesaid entred also into the said tenementes and the same wrongfully did withhold and detaine during the terme of his naturall life sithence which time one T. G. of H. aforesaid and E. G. widow mother to the said T. hath also entered into the said tenements and the same to this day most vniustly withholdeth together with all the charters euidences and writings aforesaid which in right and equitie belong and appertaine to your Orator as sonne and heire to the said I. S. now deceased In tender consideration whereof and for so much as your Orator doth now know the certaine dates of the charters euideneds and writings aforesaid nor of any of them neyther doth know whether they are in bagges or boxe sealed or in chest locked he is without all remedie at the common lawes of this Realme and also without all other meanes how to finde reliefe in this behalfe except your honorable Lordships fauour extended And that the said T. G. and E. G. may by your Lordships order be compelled vpon their oathes plainely and truely to shew forth their estate in and to the tenements aforesaid and also to shew what right title or interest they haue or claime in and to the same likewise to shew the effect and certaine dates of such charters euidences and writings aforesaid as they or eyther of them haue in their possession concerning the said tenements aforesaid or any part thereof May it therefore c. as before The Answere THese defendants by protestation say and euery of them saith that Sect. 129. the bill of complaint exhibited into this honorable Court is for yâ— most part vncertaine vntrue and insufficient in the law to be answered vnto And that the matters therein contained are deuised by the complainant onely to molest and trouble these defendantes being verie poore rather then
vpon any iust cause Neuerthelesse the aduantage of exception to the vncertaintie and insufficiencie of the said bill to these defendantes at all times saued For aunswere and declaration of the trueth they say and euery of them saith that true it is that one R. S. of F. in her Maiesties Countie of H. was in his life time seised in his demesne as of fee of and in one messuage and certaine lands and tenements in H. in the said County of H. and being so seised by his deed of foffement vnder his hand and seale about the xxxvi yeare of King H. the viii conueyed and assured the same messuage and lands vnto one I. S. his sonne and to his heires and assignes for euer as by the deed of the said R. vnder his hand and seale redy to be shewed vnto this honorable Court doth and may appeare By force whereof the said I. S. was thereof seised in his demesne as of fee And being so thereof seised for a certaine summe of money to him paid by W. G. father of one of the defendants did conuey and assure the said messuage and lands vnto the said W. G. and his heires with warrantie as by the deed and release of the foresaid I. S. doth and may appeare After which the foresaid W. G. the father vnto the said defendant died of the said messuage and lands seised After whose death these defendants entred into the said tenements and the same enioyed the their own profits and commodities as lawfull was for them to die without that that R. S. of H. in the said bill mentioned was seised of the messuage and lands in the bill mentioned in fee taile or that the said I. S. father of the complainant was seised of the premisses in the first yeare of King Edward the sixt or that the said W. G. father of one of the defendants got the possession of the messuage the euidences concerning the same other wise then was lawfull for him to doe Or that the defendantes or any of them do vniustly withhold the said messuage or lands in the bill mencioned or the euidences concerning the same otherwise then is lawfull for them to do in respect of their right And without that that the said messuage and lands with the euidences concerning the same do in right or equitie appertaine to the Complainant as sonne and heire to I. S. the father And without that that any other matter or thing in the said bill contained concerning these defendants and not in this answere sufficiently confessed and auoyded trauersed or denyed is true All which matters these foresaid defendants are c. vt supra The Replication THe Complainant auerreth and maintaineth his said bill of complaint Sect. 130. and all and euery the matters and things therein contained to be verie good iust and true in such sort maner and forme as in the said bill of complaint is declared And saith that the answere of the defendants for the most part is vncertaine vntrue and insufficient in the law to be answered vnto Neuerthelesse all aduantages of erception to the insufficiency thereof to this complainant at all times hereafter saued For replication saith in all and euery thing as in the said bill of complaint he hath said And further saith that he doubteth not but that he can verie sufficiently proue that the said I. S. this complainants father was about the first yere of the raigne of King Eow the sixth or not long before seised in his demesne as of fee taile of the foresaid mesuage lands and tenements in the said bill mencioned And he also hopeth to proue all the rest of the said bill to be true in such sort as the same is truely declared and set downe without that that the foresaid R. S. this complaynants graundfather being seised of the premisses in his demesne as of fee did lawfully by his deede of feoffement vnder his hand and seale about the xxxvi yere of king H. the eight conuey and assure the said mesuage and lands vnto one I. S. his sonne and to his heires and assignes for euer Or that the said I. S. being of the premisses seised in his demesne as of fee for a certaine summe of money to him paied by the said W. G. father of one of the defendants did lawfully conuey and assure the said mesuage and lands vnto W. G. one of the said defendants and his heires with warrantie as in the said answere is verie vntruely alleaged And without that that the said W. G. father to one of the defendants died of the said mesuage and lands seised in such fort as in the said answere is likewise declared or that it was lawfull for the said defendants after the death of the said W. G. to enter and occupie the foresaid mesuage and lands as also in the said answere is inserted And without that that any other matter c. All which c. vt supra A Bill for debt leuied by extent COmplaining sheweth c. A. B. of c. That whereas the said A. B. Sect. 131. in the beginning of her Maiesties Raigne liuing in her highnes Court for his furniture of iewels plate money and such like had credit with one C. D. Citizen and Goldsmith of London for the which as he had occasion to borrow any money or take by any wares so he deliuered his Bils or Obligations for the true paiment of any such money so borrowed or for the price of any such wares so bought at daies betwixt them agreed which daies he alwaies kept or tooke order for the for bearing thereof by himselfe or his seruants such as he did imploy in those affaires Amongst which there was in D. in the first yeare of c. a certaine debt or reckoning of how much certainely he now remembreth not betwixt him the said C. D. and the said A. B. for the which he the said A. B. was bound to the said C. D. in the summe of c. by his deed obligatory bearing date c. which Obligation as he now remembreth was single with a defeasance for the debt which was then agreed vpon to be answered at a certaine day following which said debt he the said A. B. paied accordingly by his then seruants and officers who vnknowing vnto the said A. B. did negligently as is to be coniectured leaue the bonds in the hands of the said C. D. after the reckoning and debt paid or discharged And so afterwards the said A. B. did deale and continue in further credit with the said C. D. for diuerse other great summes of money iewels and plate some vpon the said Goldsmithes booke and some vpon Bils and Bonds whereof the most part were afterwards discharged sauing one debt by Recognisaâ—ce about the foure and twentie day of c. in the c. being to the value of 200. markes In which said latter debt the said A. B. presuming of friendship and friendly dealing at the said C. D.
occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of coÌ„plaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in yâ— said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. â—ill for a title of land intailed IN most humble 〈◊〉 sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiueâ— and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof
it may please your good Lordship the premisses tenderly considered to graunt vnto your said Orator the Queenes most gratious seueral writs of Subpena to be directed vnto the said I. Werewick E. G. S. and T. S. commaunding them and euery of them by the same personally to appeare in the most honorable Court of Chauncery at a certain day vpon a certain paine by your good Lordship to be limitted therein then and there to make answere to the premisses And further to be ordered therein as shall accord with right and good conscience And your said Orator shall daylie pray c. The Answere of I. W. to the bill of complaint of R. K. husbandman THe said defendant saith that the said bill of complaint is vncertain Sect ' 136. and insufficient in the law to be answered vnto the matter therein contained vntrue principally imagined pursued by the vnlawfull procurement bearing supportation of one W. C. Esq to the intent to put the said def to trouble costes expences intending thereby the vnquiet impouerish the said def as they should be faine to leaue the right title and interest of and in the premisses so that the said W. might purchase buy the same of the said Complainant And of late the said W. C. hath made meanes vnto the said I. W. now def to buy his title interest of in the premisses and threatned him to haue the same and if he would not let him haue it with his good will that then he would haue it against his will whosoeuer tooke his part and if the contents of the said bill were true as they are not yet were the matter determinable at the common Law and not in this honorable Court whereunto the said def prayeth to be dismissed and yet neuerthelesse the aduantage of the premisses vnto this defendant at all times saued For further answere vnto the said bill for declaration of the truth of the contents of the said bill the said def saith euery one of them saith that longtime before the said A. R. mencioned in the said bill of complaint any thing had in the said messuage other the premisses or that the said W. R. was thereof enfeoffed T. R. of P. T. S. of S. and W. of E. were thereof seised in their demesnes as of fee so being thereof seised by their writing indēted ready to be shewed the said messuage other the premisses contained in y◠said bill of cōplaint amongst other things gaue demised deliuered by their said writing indented cōfirmed vnto the said W. R. mencioned in the said bill of complaint and vnto A. his wife To haue to hold the said messuages other the premisses vnto the said W. and A. for terme of their liues and to the wife of the longer liuer of them And the said T. and T. willed declared in the said writing indented that the said messuage all other the premisses should remaine vnto the said A. mentioned in the said bil of complaint vnto A. his wife vnto the heires assignes of y◠said A. for euer without y◠the said W. R. did enfeoffe of in the said messuage lands tenements other the premisses the said A. A. to haue to thē to their heires males of their two bodies lawfully begotten or that the said A. Agnes were seised of in the premisses in their demesnes as of fee taile as in the said bill of cōplaint is surmised without that that after y◠death of the said W. y◠the remainder of y◠premisses in fee simple discended vnto the said A. as sonne heire vnto him or that after y◠death of the said A. A. the said messuage other the premisses discended and of right ought to discend or come vnto the said I. R. in the taile especiall as sonne and heire male of the bodie of the said A. and Agnes lawfully begotten either any other discent of inheritance therein of a meere fee simple or that the said I. by his entrie into the said mesuage other the premisses after the death of his father mother was then seised of and in his demesne as of fee taile especiall or of any such estate dyed seised or that after the death of the said I. that the said mesuage and other the premisses or any part or parcell thereof discended and came or of right ought to discend and come to the said complaynant as brother and heire male to the said I. K. by vertue of any gift or otherwise as in the bill of complaint is vntruly surmised But the said defendants do auerre and are shall be at all times ready to proue as this honorable Court shall award that the said messuages and all other the premisses by and immediatly after the death of the said I. R. discended and of right ought to discend and come to one A. daughter and heire of the said I. lawfully begotten on the bodie of the said E. one of these defendants the which A. is yet in plaine life and in the ward and custodie of her said mother And without that that any deede of taile was made of and by the said W. R. the grandfather or any other euidence deeds writings or muniments concerning the premisses proouing the said interest and title of the said complaynant of the premisses and euery part and parcell thereof to be comen to the hands and possessions of the said I. W. and E. his wife or either of them or to the custodie or possession of any other by their deliuerie conueyance or appointment but trueth it is that the said defendants haue in their custodie one writing indented readie to be shewed whereby the remainder of the premisses is conueyed vnto the said A. and Agnes his wife and to the heires and assignes of the sayd A. for euer as is aforesaid and diuers other euidences and writings proouing and concerning the conueyance of the fee simple of the said mesuage and other the premisses vnto the said A. and other his auncestors the which charters euidēces writings the said def do still with them detaine keepe as good lawfull is for them to do as wel for y◠proofe and preseruation of their right title and interest vnto the third part of the premisses for the dowrie of the said E. as for the preseruation of the right title and interest of the said A. daughter and heire to the said I. of and in the said mesuage and other the premisses without that the said def haue at any time wrongfully entred into the said mesuage and other he premisses or into any part thereof or the profites thereof do wrongfully detaine and keepe frō the said complainants or the rents issues and profites thereof haue wrongfully destreyned perceyued and taken to their owne vse as in the same bill is also vntruely surmised A Supplication in the Chauncerie vpon deceipt by a Partner IN most
that your saide Oratrices poore husband should pay for the making of the writings For the payment whereof her said husband as then hauing no great store of mony was faine to giue him a gold Ring in pledge to pay the scribe for writing of the same All this notwithstanding most honourable Lord and that you said poore Oratrices husbande hath often and sundry times since by many waies meanes required the same writings cōcerning the said bargaine of the said c. he against all naturall loue and humanity nothing more coueting then the extreame destruction of her and her saide poore husband and well perceiuing how farre he is now vnable to helpe himselfe hath vtterly denyed to render the same and yet doth contrary to all conscience equity lawe or right In consideration whereof may it like your honourable Lordship of your accustomed pity to call the said c. before you together with the husband of your saide poore Oratrix and there to will him to deliuer the saide writings againe to her husband if it shall so seeme good vnto your honor or els to shewe sufficient matter why hee shoulde keepe the same And your said Oratrix with her poore husband and their poore children shall pray c. A bill of a title of Copyhold lands praying an Iniunction HVmbly complayning c. your daily Orator W. S. otherwise Sect. 139. named W. T. of L. cosin and heire of I. S. otherwise called I. T. while he lyued c. That whereas your said Orator at your Lordships last being at c. did exhibit vnto you a certaine bill of complaint mencioning therein that the foresaid I. S. otherwise called I. T. in his life time was seised of and in certaine Customarie lands tenements that is to say of and in c. holden by Copie of court Roll of the manor of c. at the wil of the Lord of the said manor according to the custome of the same manor of which one T. L. then was and yet is Lord And that the same I. S. so being seised of the premisses afterwards of like estate died thereof by protestation seised after whose death the said c. with the appurtenances and the right title vse possession and inheritance thereof discended and came and of verie right ought to discend and come vnto your said Orator as cosin next heire of the said I. S. that is to say as yongest sonne of I. yongest sonne and heire of the same I. S. according to the auncient custome of the saide manor And that your saide Orator had often and sundry times desired and prayed the said c. that with lawfull warning vnto the tenants of the said Lordship a Court might be holden at the saide manor by whose inquirie the title of your said Orator might be presented and found in the premisses according as both iustice right and good conscience do require Hawbeit most honorable Lord that notwithstanding for asmuch as the same c. hath kept the premisses in his owne handes these many yeares past and the profites and issues thereof comming hath by the same space to his owne proper vse receiued taken and yet doth your said poore Orator could neuer get the same c. to hold a Court there minding thereby vtter disheriting vnto your said poore Orator of and in the premisses Vntill such time as your saide must honorable Lordship moued with your accustomed loue to Iustice and pitie towards pouertie vouchsafed to graunt your benigne letters directed to the said c. willing him thereby with lawfull warning giuen vnto the tenants of the said Lordship to summon and keepe a Court at the saide manor for the triall of the right of your saide Orator in the premisses vpon the receipt of which letters the saide c. summoned and kept a Court at his said Manor of c. whereat vpon the open and plaine declaration of your said Orators title together with the examination of diuers witnesses brought in by your said Orator for the due proofe of the said title in the premisses And further vpō the shewing of such substanciall and anncient euidences maintayning the same the Homage therewith charged and sworne did present sind at the said c. before I. S. Steward of the same Court that the foresaid I. S. was possessor and held the premisses by Copie of court Roll according to the custome of the said manor And that also your said Orator was cosin and heire to the said I. S. according to the custome of the manor that is to say sonne of I. yonger sonne of c. as by the Copie of the same court Rols ready to be shewed more plainly may appeare vnto your good Lordship After which presentment at the same Court it was agreed betwixt the said Steward in the name of the said c. and your said Orator that if the said c. would not declare and show vnto your said Orator or to his learned Counsell at London within one Terme then next insuing a better title and interest to the foresaid premisses then your said Orator had then and there already proued that then your saide Orator should haue and inioy the premisses to him and to his heires according to right equitie and good conscience and according to the custome of the said manor But so it is most ho. Lord that although the said c. as he cannot so hath he not by the said space prooued any maner of title or colour of title to the premisses but onely with such and like fraudulent delayes he intendeth to weary your said Orator from the obtaining of the premisses and if he can disherite him from the same Wherefore may it c. of your accustomable goodnes alwayes to pouertie extended to graunt vnto your said Orator the Q. most gracious writ of Subpena to be directed to the said c. commaunding him by the same not onely to appeare personally before your good Lordship in the high Court of Chauncery at a certaine day and vnder a certaine paine by your good Lordship therein to be limitted but also to permit and suffer your said Orator peaceably to haue hold occupie possesse and inioy the premisses aforesaid and the profits and issues of the same vntill such time as the same c. hath duely approued better Title to the premisses then he hath heretofore done And your said poore Orator shall c. A bill of complaint for Debt without especialtie IN most humble wise sheweth and complayneth vnto your good Sect ' 140. Lordship your daily Orator and poore bedeman I. G. of H. in the countie of D. That where the said I. G. by way of prest at the feast of Pentecost in the xxxiiii yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is did deliuer vnto one W. L. late of H. in the said countie of D. the summe of xviii pound of lawfull money of England to be paied vnto him
plaint if went about to take the benefit of his extent to keepe Courts and vnderstand what lands and how the tenants held and what rents seruices they paid for the same but could not performe his purpose therein for the tenants the noble man had the Courtrowles in their keeping and the leasses rentals c. and would not let him see the same and that the noble man refused to suffer the plaintife to enter into the manors lands extended or to keepe any Courts and would not suffer the tenaÌ„ts to pay the plaintife any of the rents or seruices due for the same manors or to declare vnto him what the same rents and seruices were And then the plaintife prayeth that the tenants occupiers and farmors of the said manors may vpon their oathes bring forth their leasses declare what lands they hold and what rents seruices euery of them pay And that all the defendants may shewe to the plaintife the Courtroâ—les rentals books oâ— suruay field books terrars in their custodie and so prayeth proces against all the defendants To the Right Honorable Sir Christopher Hatton of the most noble order of the Garter Knight Lord Chancellor of England IN most humble wise complayning sheweth to your good Lordship Sect. 149. your dayly Orator I. L. Citizen and Clothworker of London That whereas the Ho. Ed. Lord M. Baron of R. the last day of December in the 26. yeare of the raigne of our soueraigne Lady Queene Elizabeth before Sir Christopher Wray Knight Lord chiefe Iustice of the pleas before her highnes to be holden did acknowledge himselfe to owe to your Orator the summe of MCC of lawfull english money by his recognizance in the nature of an estatute staple with a defeazance thereupon made for the true payment of diuers seuerall summes of money at sundrie seuerall dayes now long sithence past And whereas likewise the saide Ed. Lord M. was and stoode iustly indebted to your saide Orator in diuers other summes of money by ohter bonds as also by your Orators booke for diuers wares taken vp of your Orator for the vse of the saide Lord Mo. And whereas also Tho. P. Esquier brother of the said Lord Mo. stood indebted did owe to your said Orator other certaine summes of money for the paimeÌ„t wherof the said Lord Mo. did vndertake and did make to your said Orator many seuerall sundrie promises the which as yet he hath in no sort performed And whereas the said Lord Mo. at the time of the knowledging of the foresaid statute staple was lawfully seazed in his demesne as of Fee of in the mannors of H. W. A. B. with two faires twice in the yeare with one market holden euery weeke at H. aforesaid with the hundred of F. with euery of their appurtenances scituate lying being in the Countie of Norffolke and of and in the manor of H. with their appurtenances in the said Countie of Norffolke which said mannors other the premisses aforesaid the said Lord Mo. by lawfull assurance conueyance in the Lawe did bargaine sell conuey assure the same with all and euery their appurtenances whatsoeuer to one Tho. Lord of H. in the saide Countie of Norffolke Esquier and to his heires for euer by vertue of which conueyance and assurance the said Tho. L. was and is yet seazed of the saide seuerall mannors and other the aforesaid premisses in his demesne as of Fee And whereas the said Edw. Lord Mo. was likewise seazed in his demesne as of Fee at the time of the knowledging of the saide statute staple of and in the mannors of S. M. and W. with the aduousons of Sw. Mo. and Wo. with their appurtenances in the Countie of Norffolke aforesaid which said seueral mannors thaduousons aforesaid the said Lord Mo. by like conueyance and assurance did conuey and assure the same to one Ed. B. late of D. in the said Countie of Norffolke Esquier deceased and to his heires for euer to the only vse and behoofe of the said Ed. B. his heires and assignes for euer by whose death T. B. sonne and heire of the said Ed. B. Esquier deceased was and yet is seazed of the said mannors of S. Mo. and Wo. and of the aduowsons of S. Mo. and Wo. in his demesne as of Fee And whereas the said Lord Mo. was at the time of the knowledging of the saide statute staple likewise seazed in his demesne as of Fee of and in the mannor of B. with the appurtenances scituate and extending into the Townes of N. M. c. in the aforesaid Countie of Norffolke which said mannor the saide Ed. Lord M. did likewise conuey vnto T. G. GentÌ„ and to his heires for euer to the only vse and behoofe of the said T. G. his heires and assignes for euer And whereas the said Edw. Lord Mo. was at the time of the saide statute knowledged and yet is seazed of and in the mannor of A. with the appurtenances in the said Countie of Norffolke in his demesne as of fee and being indebted to your said Orator as aforesaid your Orator made sundrie and diuers earnest requests for the getting of the said debt and summes of money aforesaid and your Orator being by the saide Lord Mo. promised to haue the said debts at diuers seuerall dayes yet none of them were performed or kept whereby your Oratour seeing no performance but was delayed from time to time your saide Oratour about two yeares sithence sued forth his seuerall writs of Extendi facias directed to the Sheriffs of Norffolke Essex Hertford Sommersetshire and Yorke and to the Chancellor of the Countie Pallantine of Lancaster for the extending of all the mannors lands tenements and hereditaments within the Counties aforesaid whereof the said Lord Mo. was seazed the time of the saide statute knowledged which writ directed to the Sheriffe of the said Countie of Norffolke was deliuered to one Clement Pastone Esquier then Sheriffe of the same Countie to be by him executed and returned acordingly By vertue whereof the saide Clement Pastone Esquier did by the Othes of a Iury sworne charged within the said Countie of Norffolke acording to the due course of her Maiesties lawes extend and appraise the saide seuerall maunors faires markets lands tenements all other the premisses with the appurtenances lying within the said Countie of Norffolke as in and by the saide extents remayning of record in this ho. Court of Chauncery and by the returne of the said Sheriffe with the seisure of the said seuerall mannors into the Queenes Maiesties hands to the intent they might be deliuered to your Orator in extent more at large it doth and may apeare After which inquisition extent and seasure so taken had made your Orator sued forth her highnes writ of Liberate bearing Teste the 4. day of February in the 30. yeare of her highnes raigne directed tothe said Sheriffe of Norffolke commaunding him thereby to deliuer
in the premisses in the saide Bill mencioned as in the saide Bill of complaint is also vntrulie alledged And the saide Thomas Aynsworth for himselfe saith that he hath and doth exercise the Office of Baylife of the manor of S. in the said BIll mencioned vnder and by the apointment of T. B. Esquier in the said Bill mencioned whome this defendant supposeth to be seazed thereof of some estate of inheritance and hath in his hands certaine rentalls of the same mannor which Rentalls this defendant thinketh he ought to dutie to keepe and vse to the benefit and seruice of the saide Tho. B. and to employ the same according to his direction and not otherwise And further this defendant saith that this defendant is Farmor of parcell of the demesnes of the mannor of S. aforesaid which he holdeth for diuers yeares yet to come yeelding and paying therefore yearely 14. l 8. sÌ„ 4. d of lawfull money of England And also holdeth by coppie of Court rowle at the will of the Lord of the saide mannor of Swanton Morley according to the custome of the said mannor diuers lands and tenements within the precincts of the said mannor and yeelding yearely for the same 40. sÌ„ or thereabouts which rents this defendant thinketh are not payable to the plaintife for that the rents reserued vpon Leases made of any parcell of the extended premisses before the knowledging of the saide statute are not expressely extended nor deliuered to the said complainant in execucion But the saide complainant hauing extended and receiued the premisses into execucion as demeane in possession is to stay and expect till he may haue and enioy the same according to his extent and to the liuerey thereof made vnto him And further this defendant saith that the said mannor of Swanton Morley is and at the time of the awarding of execucion was as this defendant thinketh the inheritance of the saide Th. B. which he then had by purchase from the saide Lord Mo. since the knowledging of the said recognizance And in asmuch as the saide Lord Mo. at the time of the knowledging of the said Recognizance had and was seazed in Fee simple Fee taile or for terme of life as this defendant is crediblie enformed and partly apeareth by the Schedule of the liuerie of the saide Lord Mo. of and in the mannors of H. in the Countie of Essex of the yearely value of 100. l or there abouts and of and in the mannors of F. and Todenhoberie in the Countie of Hertford of the yearely value of fortie pound or thereabouts and of a certaine yearely rent of thirtie pound or thereabouts going out of the mannor of Shobington in the Countie of Buckingham and of diuers other mannors lands tenements and hereditameÌ„ts in diuers other Counties of England which ought to be contributorie to the payment of the saide twelue hundred pound and therefore the same is vndulie and contrarie to lawe charged vpoÌ„ the said mannor of Swanton cum Worthinge which the said Th. B. houldeth as a Feoffee for which cause the sayde T. B. as this defendant supposeth hath pursued his Sciri facias against the saide complainant in this honorable Court for the discharge of the said mannor of Swanton cum Worthinge from the saide due execucion and from the recouerie of the issues and profits comming and growing of the same mannor from the time of the said execucion For which cause this defendant humblie prayeth this honorable Court that the saide complainant may be referred to the Common Lawe to bring his Accion against this defendant for the recouerie of the saide rents due vpon such Leases and Coppie holds as this defendant houldeth of the said mannor of Swanton cum Worthinge wherein the validitie of the sayde Eâ—tent may be tryed so as this defendant may know to whom he may pay his saide rents without danger or further trouble And his defendant is readie to stand to such order as this honorable Court shall award concerning the shewing vnto the said complainant of his estate and terme which he hath of and in any part of the said mannor of Swanton cum Worthinge or holdeth of the same and other circumstances thereof without that this defend is Farmer or Customarie or free tenant of any other part or parcell of the said mannors or other the premisses in the said Bill mentioned or hath in his hands any Courtrowles Rentalls or Leases coÌ„cerning the premisses in the said bill mentioned other then as in this aunswere before is mentioned as in the said bill of complaint is vntruly alledged And without that that this defend hath vnlawfully confederated with any the persons in the said Bill mentioned to defeate the said compl of his lawfull execucion and estate in the premisses in the said BIll mentioned as in the said Bill is falsely surmised And the said Henry S. Iohn for himselfe sayth that he hath and doth exercise the office of Baylife of the mannors of Hockering c. in the saide bill mentioned whereof this defendant supposeth Th. Lo. Esquier to be seazed of some estate of inheritance and hath in his hands certaine Rentalls of the said mannors which Rentalls this defendant thinketh he ought in dutie to keepe and vse to the benefit and seruice of the said maister Louell and to employ the same according to his direction not otherwise And further this defendant saith the he this defendant is Farmer of certaine demesnes of the said mannor of Hockering whereof he holdeth some part for yeares some for life by Lease made by the said Lord Mo. whose estate the said maister Lo. now hath of and in the same yeelding paying therefore yearely 30. l or thereabouts which rent this defendant thinketh is not payable to the said complaynant for that the rents reserued vpon Leases made of any parcell of the extended premisses before the knowledging of the saide statute are not expressely extended nor deliuered to the said complaynant in execution But the said complainant hauing extended receiued the premisses into execution as demesne in possession is to stay and expect till he may haue and enioy the same according to his extent and the liuerey thereof made vnto him And further this defend saith that the said mannors of Hockering Northtuddenham are and at the time of the awarding of the saide execution were as this defendant thinketh thenheritance of T. Lo. which he then had by purchase from the said L. Mo. since the knowledging of the said Recognizance And in asmuch as the said Lo. Mo. at the time of the said Recognizance had was seised in fee simple fee taile or for terme of life as this defend is credibly enformed and partly apeareth by the Schedule of the liuerey of the said Lord Mo. of and in the mannors of Halingburie Morley and Salcot Verley in the Countie of Essex of the yearely value of 100. l or thereabouts and of and in the mannors of Furnex and Tuddenhoberie
in the Countie of Hertford of the yearely value of 40. l or thereabouts and a certaine yerely rent of 30. l or thereabouts going out of the manor of Shobington in the Countie of Buckingham and diuers other mannors lands tenements and hereditaments in diuers other Counties of England which ought to be contributorie to the payment of the sayd 12. C. pound and therefore the same is vndulie and contrarie to lawe charged vpon the said mannors of Hockering and Northtuddenham which the saide maister Lo. holdeth as a Feoffee for which reason the said maister Lo. as this defendant supposeth hath pursued his Scire facias against the saide complaynant in this honorable Court for the discharge of the said mannors of Ho. and N. from the saide vndue execution and for the recouerye of the sayd issues and profits comming and growing of the same mannors from the time of the said execution for which cause this defendant humbly prayeth this honorable Court that the said complaynant may be referred to the Common lawe to bring his action against this defendant for the recouerie of the said rents due vpon the saide leasses and estates which this defendant holdeth of the saide mannors wherein the validitie of the said extent and execution may be tryed so as the said defendant may know to whom to pay his saide rent without danger or further trouble and this defendant is readye to stand to such order as this honorable Court shall award concerning the shewing to the saide complainants of his estates tearmes which he hath of and in the said parcell of the demesnes of the said mannor of Ho. or holdeth of the same and other circumstances thereof without that that this defendant is Farmer Customarie or free tenant of any other part or parcell of the saide manors or other the premisses in the saide bill mentioned or hath in his hands any Courtrowles Rentalls or Counterpanes of leases concerning the premisses in the saide bill mentioned other then in his Answere before is declared as in the said bill of complaint is vntruly alledged And without that that the said defendant hath vnlawfully confederated with any the persons in the said bill mentioned to defeate the saide complaynant of his lawfull execution and estate in the premisses in the said bill mentioned as in the said bill of complaynt is also vntrulie alledged And without that that any other matter or thing in the said bill of complaynt mentioned materiall or effectuall to be answered vnto and not herein sufficiently answered confessed and auoyded trauersed or denyed is to these defendants or any of their knowledges true All which matters these defendants are ready to auerre and prooue as this honorable Court shall award and prayen to be dismissed out of the same with their reasonable costs and charges in this behalfe most wrongfully sustained A Bill into the Chauncery for detayning of euidences entering into a meadowe and a pasture and making to themselues diuers estates To the Reuerend Father in God Thomas Bishop of Ely Lord Chauncelor of England IN most humble wise sheweth and complayneth vnto your good Sect ' 151. Lordship your dayly Orator G. I. That where W. I. father vnto your said Orator was seised in his demeasne as of fee of and in fifteene Acres of pasture and meadowe with thappurtenances in Clare in the Countie of Suffolke and so being thereof seised dyed by protestacion seised After whose death the saide fifteene Acres of pasture and meadowe and all other the premisses with the appurtenances descended and came and of right ought to descend and come vnto your said Orator as sonne and heire vnto the saide W. I. So it is if it may please your good Lordship that certaine euidences deedes charters and other muniments concerning the premisses are come to the hands and possession of M. G. Widow and A. G. who by colour of hauing the saide euidences haue entered into the premisses and haue conueyed vnto them and to their heires diuers and sundrie estates in the lawe for the disherison of your said Orator and of his heires for euer And because your said Orator knoweth not the certaintie of the saide euidence nor whether it be contayned in bagge or bore sealed or in chest locked he is without remedie for the recouerie of the same by the order of the Common lawe except your Lordships fauour be vnto him shewed in this behalfe In consideration whereof it may please your good Lordship the premisses considered to graunt a writ of Subpena to be directed to the saide M. G. Widow and A. G. commaunding them by the same personally to appeare before your good Lordship in the Kings high Court of Chauncerie at a certayne day and vnder a certayne payne by your good Lordship to be limited there to aunswere vnto the premisses and after to abide such decree and order therein as to your good Lordship shall be thought to stand with right and conscience And your saide Orator shall dayly pray for the preseruation of your Lordships Honor long to endure The Aunswere of one of the defendants to the Bill next before who pleadeth that the plaintifes father sould the landes in the Bill mentioned to T. H. who sould the same to the defendants husband who conueyed the same to the defendant for her life And sheweth that at the time of the saide purchase and after the premisses were in diuers Feoffes in vse and sheweth afterwards the making of the Statute of 27. Hen. 8. for transferring of vses into possession The Aunswere of M. G. Widow to the Bill of complaynt of G. I. THe said defendant saith that the said Bill of complaint is vntrue Sect ' 152. vncertaine and insufficient in the lawe to be aunswered vnto and the matters therein contayned determinable at the Common lawe and not in this honorable Court whereunto the said defendant prayeth to be dismissed and thaduantage thereof to the said defendant alwayes saued if she shall be compelled to make any further aunswere vnto the saide insufficient Bill Then for the declaration of the truth the saide defendant sayth That as to any pasture or meadowe in Clare the saide defendant knoweth not that she is Tenaunt of or hath any that was belonging to the saide W. I. within the sayde towne or parish of Clare or detayneth any euidence concerning the same to her knowledge But the saide defendant sayth the sayde W. I. mentioned in the sayde Bill of complaynt together with I. W. alias Miller I. F. c. were seised of and in seauen Acres of pasture and moore and three Acres and one Roode of meadowe in S. in their demeasne as of fee to the vse of the sayde W. I. and of his heires and so beeing thereof seised the sayde W. I. bargained and soulde the pasture moore and meadowe last before remembred vnto one T. H. and to hys heires for euer By vertue of which bargaine the sayde W. I. and hys sayde other Coefeoffees were thereof
proceedings therein To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England HVmblie complayning sheweth vnto your good Lordship your Sect ' 154. dayly Orators T. B. of C. in the Countie of D. Clothier W. M. of L. Grocer M. G. Merchant Subiects borne of this Realme of England as well for themselues as for others subiects borne of the said Realme and Denizens Creditors of C. A. of L. Merchantaylor also a subiect borne of the saide Realme That whereas the said C. A. vsing and exercising the trade of Merchandize and seeking his trade of liuing by buying and selling vpon good and iust cause for wares and merchandize to him sold and deliuered and also for ready money to him lent being indebted to your said Orators in seuerall summes of money amounting to the value of 300. pound And now of late that is to say in this present moneth of Nouember in this xv yeare of the raigne of our soueraigne Lady the Queenes Maiestie about the second day of the saide moneth of Nouember did begin to keepe his house scituate in the said Citie of London and sithence hath departed from his said dwelling house and absented himselfe to thintent to defraude and hinder your saide Orators and other his Creditors of their iust debts and dueties to them due owing and so is become a Bankrupt By reason whereof and for that the said Bankrupt and others his confederates haue deuised and contriued diuers secret estates and sinister practises for the conueying and eâ—â—oyning of the bodie of the saide Bankrupt and of all lands goods debts and other things belonging to the said Bankrupt in such wise as your Orators are without helpe for recouering or obtayning of their saide iust debts and dueties but onely by complaint to your Lordship and thereupon to haue remedie according to the Statute touching orders for Bankrupts in the Parliament begun and holden at Westminster the second day of Aprill in the xiii yeare of the Raigne of our said soueraigne Lady the Queenes Maiestie made and prouided In consideration thereof may it please your good Lordship to graunt the Queenes Maiesties most gratious Commission to be directed to such and so many wise and honest discreet persons as to your Lordship shall seeme good Aucthorizing them not onely concerning the said Bankrupts body lands freehold and customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarie to the intent and true meaning of the saide Statute to do and execute all and euery thing and things whatsoeuer as well towards and for satisfaction and payment of your said Orators as towards and for all other intents and purposes according to the ordinance and prouision of the said Statute And your said Orators shall dayly pray c. The Commission vpon the Statute of 13. Eliz. Cap. 7. made against Bankerupts and graunted to the Creditors vpon the Bill next before ELizabeth by the grace of God Queene of England Fraunce and Sect ' 155. Ireland defendor of the faith c. To our trustie and welbeloued Sir Rowland Heyward Knight Iohn Langley Alderman of our Citie of London Tho. Hatton Tho. Aldersey Thomas Egerton Mercers and William Wignall Merchant Taylor of our saide Citie of London greeting Whereas we be enformed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargayning and seeking his trade of liuing by buying selling and being a Subiect borne of this our Realme of England in this present moneth of Nouember in the xv yeare of our Raigne viz. about the second day of the same moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed from his saide dwelling house and absented himselfe to the intent to defraude and hinder T. B. of C. in the Countie of Deuonshire Clothier W. M. of London Grocer Mi. G. Merchant and others his Creditors being also Subiects borne of this our sayde Realme of their iust debts and dueties to them due and owing and so is become a Bankerupt We minding the due execution of the Statute touching orders for Bankerupts in our Parliament holden at Westminster in the xiii yeare of our Raigne made and prouided vpon trust of your wisedomes diligence and prudent circumspections which we haue conceaued in you doe by these presents name assigne appoint constitute and ordayne you our speciall Commissioners geuing full power and aucthoritiye vnto you fiue or foure of you whereof they the sayde Sir Row H. I. L. or T. H. to be one according to the sayde Statute not onely concerning the sayde Bankerupt hys bodie lands freehold and Customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarye to the intent and true meaning of the saide Statute to do and execute according to the saide Statute all and euerie thing and things whatsoeuer aswell for and towards satisfaction and payment of the saide Creditors as towards and for all other intents and purposes according to the ordinance and prouision of the saide Statute Willing and commaunding you fiue or foure of you whereof Sir Row H. I. L. or T. H. to be one to proceede to the execution and accomplishment of this our Commissioin according to the true intent and meaning of the saide Statute with all diligence and effect as our speciall trust is in you Witnesse our selues at Westminster the fifth day of Nouember in the xv yeare of our Raigne A precept from the sayde Commissioners to the Officers to make proclamation according to the saide Statute against Bankrupts that the said Bankrupt before a day certaine come in and yeeld his bodie to the Commissioners or to one of them To the Bayliffes and head Officers of the Burrough of Southwarke WEe the Commissioners hereafter named by vertue of the Sect. 156. Queenes hignesse Commission to vs directed require charge you fiue sundrie market dayes next ensuing the receipt hereof to make fiue sundry Proclamations in manner and forme hereunder specified The Proclamation THe Queenes highnesse doth strictly charge and commaund C. â— Sect. 157. Merchantaylor of the Citie of London that he at or before the day of next comming in the Guildhall of London or where you shall appoint yeeld his bodie before Sir Row Heyward Knight or before some one of the said Commissioners appointed by her highnesse vnder her great seale of England til the due execution of the Statute touching orders for Banckrupts lately made and prouided vpon paine and perrill of the penaltie of the lawe in that case limited and appointed An Indenture vpon the saide Commission and Statute of Bankcrupts betwixt the Commissioners of the one partie and the Creditors of the other partie whereby the Commissioners after view
search and praisement made sell certaine of the goods of the debtors vnto the creditors in part of satisfaction of their debts with a Schedule annexed vnto the said Indenture which is likewise indented wherein are contayned the perticulers of the goods with their seuerall prices as they be prized by the Commissioners to the one part of which Indentures is put to the hands and seales of the said Commissioners and to the other of the said Indentures the hands and seales of the creditors THis Indenture made c. betweene sir R. H. Knight A. B. C. D. Sect ' 158. E. F. of the one partie and G. H. and I. K. creditors of C. A. Citizen and Merchantaylor of London on the other partie witnesseth That where our said soueraigne Lady the Queenes Maiestie that now is by her highnesse letters of Commission bearing date at Westminster the fifth day of Nouember last past before the date hereof minding the due execution of the Statute touching orders for Bankerupts in her Parliament holden at Westminster in the xiii yeare of her highnesse said Reigne made and prouided reciting that whereas her Maiestie was enfourmed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargaining and seekinig his trade of liuing by buying and selling and being a subiect borne of this her Realme of England in the said moneth of Nouember in the xv yeare of her Maiesties Raigne that is to say about the second day of the saide moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed frō his saide dwelling house absented himself to th entent to defraude hinder his creditors being also subiects borne of this her said Realme of England of their iust debts duties to them due owing so is become a Bankerupt hath assigned appointed constituted ordained the said R. H. c. her especiall Commissioners geuing full power authoritie vnto them 5. or 4. of them whereof the said Sir R. H. to be one according to the said Statute not only concerning the said Bankerupt his bodie lands freehold customarie goods debts all other things whatsoeuer but also concerning all other persons which by concealemēt claime or otherwise do or shall offend touching the premisses or any part thereof cōtrary to th entent true meaning of the said Statute to do execute according to the said Statute all euery thing things whatsoeuer as well towards for satisfaction and payment of the saide creditors as towards and for all other intents purposes according to the order prouision of the said Statute in that case prouided as by the same Commission more plainely it doth and may appeare By force and vertue of which said Statute and of the saide Commmission the saide Commissioners haue caused certaine goods Cattels wares and Merchandizes of the saide C. A. contayned and mentioned in a Schedule indented to these presents annexed to be searched viewed apprized And also haue sold deliuered and by these presents do sell deliuer to the creditors aforenamed all the said goods Cattalls Wares Merchandizes contayned and mentioned in the said Schedule indented to these presents annexed To haue and to hould the same euery part thereof to the said Creditors before named their executors administrators and assignes to their owne proper vses for euer towards the satisfaction and payment of the said Creditors that is to say to euery of the aforenamed creditors a portion rate and ratelike according to the quantitie of the debts In witnesse whereof the said parties to these Indentures interchangeablie haue set to their Seales Yeuen the day and yeare first aboue written The intituling of the Schedule mentioned in the Indēture next before written and annexed to the same Indenture IN this Schedule indented is contayned and mentioned certayne Sect. 159. goods wares Cattels Merchandize late of C. A. Merchantaylor which be sould by the Indentures whereunto this Schedule indented is annexed that is to say in his house in L. in the parish of G. in London Imprimis c. A Bill into the Chauncery against one by a prisoner in the Fleete to compell the defendant to proceede in an agreament made betwixt the plaintife and the defendant for his enlargement by the order of the Lord Chauncelor then dead To the right reuerend Father in God Nicholas Archbishop of Yorke and Lord Chauncelor of England MOst humblie complayning sheweth vnto your grace your dayly Sect. 160. and poore Orator W. M. of M. in the Countie of Chester Gent̄ now being prisoner in the Fleete at the suit of R. D. of the same Countie Esquier committed thereunto by the late reuerend Father in God the Bishop of Ely being then Lord Chauncelor of England of and vpon a Statute of 200. l which suit of the saide R. D. hath thus remayned the space of eight or nine yeares to the great miserie and vtter vndoing of your graces saide Orator And where diuers agreaments with other diuers meanes haue bene taken and made betweene the said R. D. and your saide Orator and especially the last day of May in the last yeare of our late Soueraigne Lord King Edward before Doctor Lyell Maister Dyer appointed then by the said late Lo. Chauncelor where it was agreed betweene the said R. D. your graces said Orator that your said Orator should be bound in 1000. l that he should not alienate nor sell any parcell of his lands now being in his possession or to him in reuercion And all such lands that were sold by your saide Orator that your said Orator should endeuor w e all diligence to recouer the same againe And furthermore it was agreed ordered betweene the said R. D. and your said Orator that your said Orator should put insuerties to pay vnto the saide R. D. 50. pound of lawfull money of England that is to say fiue pound yearely during tenne yeares next ensuing All which orders and agreements your Graces said Orator is contented to accomplish and fulfill Yet notwithstanding the saide ◠D. minding rather the continuance of your said Graces Orator in prison to his vndoing will neither obey the late ho. Lord Chauncelors order then made therein nor yet the agreaments heretofore made but onely doth finde delayes to prolong the time to the vtter vndoing of your Graces Orator In consideration whereof the premisses tenderly considered it may please your Grace to commaund the saide R. D. to appeare before your Grace and to take such order with him as shall seeme best to your Grace And your said Orator shall pray for your Grace long to continue A Bill into the Chauncerie by the Husband and Wife for and on the behalfe of diuers to compell executors to pay legacies wherein is shewed that they to whom the legacies be giuen haue no remedie by the ecclesiasticall lawe to compell the then executors to pay the said legacies To the
beene sundry times thereunto gently required but by practize and confederacie with other their complices aduersaries of your sayde Orators goe about to impeach hinder and ouerthrow your Orators good and lawfull estate in and to the premisses contrarie to all right equitie and good conscience and to the manifest and expresse wrong and iniurie of your said Orators In consideration whereof and for that your Orators knowe not the certeine dates number nor contents of the said Euidences and writings nor wherein the same are conteyned whether in bag or boxe sealed or vnsealed chest or cofer locked or vnlocked and so consequently without apt remedie at the common lawe for the recouerie thereof or to compell the saide Robert Williams Barbara his wife and the Executors or Administrators of the said Eliz. Mosier or any of them to make vnto your Orators further assurance of the premisses or to keepe or defend their lawfull title thereunto May it therefore please your good Lordship to graunt vnto your Orators her Maiesties most gratious writ of Subpena with a Duces tecum to be directed to the said Robert Williams and Bersaba alias Barbara his wife commaunding them and either of them thereby at a certeine day and vnder a certeine paine by your Lordship to be limited to be and personallie to appeare before your Lordship in her Maiesties most high Court of Chauncerie and to bring with them the said originall Indenture of lease the said deede of gift and all other the meane assignements thereof Then and there aswell to auNswere to the premisses as also to stand to and abide such further order and direction therein as to your Lordship shal be thought to stand with equitie and good conscience And your saide Orators according to their bounden dutie shall pray to God for your Lordships long life with increase of much honour The ioint and seuerall aunsweres of R. W. and Bersaba his wife defendants to the bill of complaint of I. L. and N. M. complaynants THe said defendants by protestation not confessing the said B. to be Sect. 175. lawfully seised in his demesne as of fee of and in the said house or tenement called the signe of the Lambe with the shops sellers sollars and other their appurtenances Neither that the saide Brincton did graunt it to the saide W. L. for certeine yeares vpon a ceerteine rent in maner as the said plaintifes haue alledged neither that the said L. was thereof possessed accordinglie and so being possessed did bargaine sell and conuey the said Indenture and all his title and terme vnto the said T. H. and his Assignees or that the said H. was thereof possessed accordinglie or that after his decease the administration of all the goods and chattels were committed to Ioane his wife or that she was possessed thereof by vertue of the said administration or after tooke to husband the saide Pinchbecke But the saide defendants for aunswere say that they haue heard that the saide Pinchbecke was possessed of the saide house called the Lambe but whether the saide Pinchbecke conueyed his estate to the said Mosier or that the said Mosier was possessed thereof or by his deede of gift did assure the premisses vnto the saide B. she knoweth not but saith that about 26. yeares sithence the said Mosier did giue all his goods and Chattels to the said B. and the said Bersaba one of the said defendāts but she knoweth not whether the said B. was possessed of the said house or died thereof possessed And the said Bersaba saith that the said B. apointed her his Executrix of his last will but knoweth not whether the premisses came to her by suruiuorship or executorship or any other wayes or whether she was possessed thereof by those or any other meanes And the saide defendants further say that it is more then they do certainelie knowe whether they or either of them were thereof in right possessed and the saide Robert Williams saith that whether he assigned or set our his Interest or the Lease thereof in the said house and premisses vnto the said Smith he knoweth not but to his remembrance he sealed and deliuered an obligation as he taketh it to the saide Smith but vpon what condition he knoweth not being three yeares past and he altogether vnlearned without that that the said Smith gaue the said Robert Williams for his interest of the saide house any money to his remembrance neither do the saide defendants know whether the said Smith did bargaine sell assigne or set ouer all his estate in to the premisses and the Indenture with other writings vnto the said complainants Or that the said cōplainants did enter accordingly or were possessed thereof or tooke the profits thereof as it is alledged without that that the originall Indenture of lease or y◠meane conueyances or assignements thereof are come to the possession of the said defendants But the said Bersaba saith that the said deede of gift made by the said William Moysier was in her possession about 3. yeres now past but what is become of it since she knoweth not And without that that the saide defendants haue by coulour thereof vnlawfully entred into the possession of the premisses or disposessed the said complainants in such maner and forme as in and by their said bill of complaint is alledged And without that c. A bill containing that the plaintife is seazed in fee of the mannor of O. and that one of the defendants is also seased of the mannor of C. in fee holden of the plaintifes manor by homage fealtie escuage and rent and that the same defendant hath assured parcell of his said mannor to the other of the said defendants in fee and that the same is holden of his said mannor by the same seruices and part of the rent and that diuers Euidences c. are come to the hands of the defendants and that the defendants intend to disherit the plaintife of the rent and seruices and that they refuse to pay the plaintife the rent or to do him the seruices and so prayeth a Subpena against the two defendants To the right honourable and reuerend Father in God Stephen Bishop of Winchester and L. Chauncellor of England SHeweth complaineth vnto your good Lo. your dayly Orator Sir Sect. 176. T. H. Knight that where your said Orator is lawfully seised in his demesne as of fee of in the manor of D. in the County of C. of which manor diuers persons being tenants and freeholders do hold by suit of Court and other seruices And where also one Io. W. of C. in the said County of C. Esquier is also seazed in his demesne as of fee of in the Manor Lordship of C. in y◠said County of C. and of in diuers lands tenements in C. in the said County of C. and so being thereof seazed the same doth hold of your said Orator as of his said manor of D. by homage fealty escuage vi
sÌ„ of rent suit of Court from three weekes to three weekes holden within the said manor of D. And the said I. W. so being seazed of the premisses hath now lately conueyed assured part of the said manor lands tenements in C. aforesaid vnto one H. S. Esquier his heires assignes by reason wherof yâ— said H. S. doth now hold the said parcell of land of your said Orator as of his said manor of D. by the seruice aforesaid by part of the said rent of vi sÌ„ acording to yâ— quaÌ„titie of the said lands so by him purchased of the said I. W. And so it is right ho. Lo. that diuers deeds euidences writings courtrolls aswell toÌ„cerning the said manor of D. as also coÌ„cerning the said renâ— seruice before rehearsed be now of late casually come to the hands custodie possession of the said I. W. and H. S. who by coulour thereof do intend now vtterly to disinherit your said Orator of his said rent and seruices and do deny refuse either to pay vnto your said Orator his said rent or else to do vnto him his said seruices And although your said Orator hath diuers sundry times required yâ— said I. W. H. S. aswell to deliuer vnto him the said Euidences deeds writings courtrolls as also to pay do vnto him the said rent seruices according as of right they ought to do yet neuertheles the said I. W. H. S. haue vtterly denied refused alwaies the same to do coÌ„trary to all equitie coÌ„science And forasmuch as your said Orator knoweth not the certaintie of the saide deedes euidences writings nor wherein yâ— same be conteined nor also knoweth not the certaintie of the said lands tenements that the saide H. S. hath purchased of the said I. W. therefore he is not only clearely without remedie for the recouerie of the said deeds and euidences but also by the order of the common lawe is not able to make any auowrie vpon the said H. S. for his said rent In consideration whereof may it please your good Lo. to graunt the King and Queenes most gratious writ of Subpena to be directed vnto the saide I. W. and H. S. commaunding them and either of them by vertue thereof personallie to apeare before your good Lordship in the King and Queenes most honorable Court of Chauncerie at Westminster there to make aunswere to all the premisses and therein to abide such order and direction as to your good Lordship shall be thought consonant to equitie and good conscience and your said Orator shall dayly pray to God for your good Lordship in health and honour long to continue An Answere to the bill next before The Aunswere of H. S. Esquier to the bill of complaynt of Sir T. H. Knight THe said defendant saith that the said bill of complaynt is vntrue Sect. 177. vncerteine insufficient in the lawe to be aunswered vnto and the matters therein conteined are determinable and ought to be determined at the Common lawe within the Countie Palantine of C. within which Countie aswell the saide complaynant as the saide defendant do dwell And also the said mannor and other the premisses mentioned in the said bill of complaint and supposed to be holden of the said complainant do lie and be and further saith that it apeareth by the saide bill of complaint that although it were true as it is not indeede that the said mannor of Capisthorne were holden of the saide complainant in such manner and forme as in his said bill is surmised yet the said defendant doth not nor can or ought by the lawe of the realme hold such parcell of the same mannor of C. as he hath purchased by the seruices mentioned in the saide bill And also that the saide complainant is compellable by the lawes and statutes of this realme to auow at his perill vpon such parcell of the said mannor of C. as is seuered froÌ„ the same in fee simple for such portion of the said rent as the value of the same parcell so seuered doth amount vnto and hath his ordinarie remedie for the same by the order of the common lawes and of the statutes of this realme in that case prouided if the allegations of his bill be true and the said rent can not by the order of the common lawe of this realme be aportioned in this honorable Court. For which matters and other causes aparant in the said bill the said defendant saith that the same bill and the matters conteyned in the same be insufficient in the lawe to be aunswered vnto And that he is not compellable nor ought by the lawe to be compelled to make any further aunswere to the same and demurreth in lawe vpon the same and prayeth to be dismissed out of this honorable Court without any further aunswere to be made thereunto And if this Court will not nor do admit this demurrer but the same notwithstanding will compell the said defendant to make further aunswere to the said bill as otherwise then by compulsatorie order of this Court the said defendant clayming the aduantage of the lawes of this realme whereby he ought to be tryed doth not nor will make any further or other aunswere to the same then the saide defendant after such order made by this Court to make further answere saith that the said I. W. named in the said bill of complaint was seazed in his demesne as of fee of and in one Mese and certeine lands and tenements conteyning by estimation 60. acres or thereabouts which mese and lands is called W. and are within the Countie of C. aforesaid and are of the yearely rent and value of 51. sÌ„ 4. d and the said I. W. so being thereof seised for certeine summes of money to him paid did bargaine and sell the said Mese lands and tenements called W. vnto the said defendant and his heires and thereupon did by sufficient and lawfull conueyance in the lawe conuey and assure the said Mese lands and tenements called W. vnto tâ—e said defendant and his heires to the proper vse of the said defendant and of his heires by force whereof the said defendant entred into the premisses and was thereof seised in his demesne as of fee and the same estate continued vntill about the fifth yeare of the raigne of the late King Eow the sixt that one R. B. by the commaundement of the said complainant did enter into the said Mese and into one pasture or croft coÌ„â—eyning by estimation 2. Acres of land lying on yâ— Southeast part of the said Mese and adioyning to the same and into one Orchard and one garden lying to the said mese being parcell of the saide lands and tenements called W. and in W. aforesaid and thereof did dissease the said defendant to the vse of the said complainant to which entrie and disseisin the said complainant did agree by force whereof the said complainant was and yet is seased
in yâ— law to be answered vnto the matters therein coÌ„teined beene very vntruly deuised imagined and set forth without any good matter or iust cause only to the intent to put this defendant to wrongfull vexation trouble and expences And for aunswere vnto the saide insufficient bill the said defendant saith that our late soueraigne Lord King Henry the eight late King of England father to our most soueraigne Ladie that now is was seised among other lands in his demesne as of fee as in the right of his said Crowne of and in the Mannor and Lordship of D. with the appurtenances and hamlets to the same appertaining set lying and being in the Countie of C. whereof the said messuage garden orchard and croft conteining by estimation the said two Acres of land lying in D. parcell of the premisses in the said bill of complaint mentioned be parcell And our said late soueraigne Lord King Henry the eight being so thereof lawfullie seised aswell for and in consideration of the faithfull seruice that the saide defendant had done to the said late King Henry the 8. as also for diuers summes of money paid by yâ— said defendant to the said late King Hen. the 8. the said late King Henry the 8. by his letters patents in this honorable Court readie to be shewed the date whereof the said defendant doth not perfectly remember did giue and graunt of his prescience and meere motion vnto the said defendant the said mannor and other the premisses in the saide Aunswere mentioned to haue and to hold vnto the said defendant and his heires for euer by force whereof this defendant vnto the premisses entred and thereof was seised acordingly and tooke the profits thereof acordingly and yet doth as well and lawfull it was and is for him to do And further the said defendant saith that such euidences deedes escripts and writings concerning the premisses mentioned in this aunswere as the said defendant hath concerning the same he the said defendant doth detaine and keepe them for the preseruation of the right title and interest that he hath to the same as well and lawfull is for him to do And furthermore the saide defendant saith that as to any other deedes euidences writings and miniments concerning the residue of the said lands and tenements specified in the saide bill of complaint or any parcell thereof in W. aforesaid which do concerne the Interest inheritance and title of the said complaynant the said defendant aunswereth and saith that he doth not withhold any nor yet at any time hath withholden from the saide complaynant any such as by the saide bill is vntruly deposed without that that the said Io. W. of C. named in the said bill was seised in his demâ—sne as of fee of or in yâ— said mese orchard garden or croft mentioned in the said bill or any parcell thereof set lying and being in D. aforesaid Or that the said I. W. or his aunceâ—â—ors whose heire he is did continue peaceable possession of the premisses by the space of 100. yeares and aboue as by the saide bill of complaint is vntrulie surmised or that the said Io. so being thereof seised for certeine summes of money did bargaine or sell or might lawfully bargaine and sell the premisses conteyned in the said Aunswere or any part thereof set lying and being in D. or the Lordship of the same to the said complaynant and his heires as by the said bill it is in like manner vntrulie alledged and supposed Or that the said Io. before the Iustice of Assise of the said Countie of C. did leuie a fine sur conusance de droit of the said mese and other the premisses mentioned in the said aunswere or of any parcell thereof vnto the said complainant as by the said bill is also vntrulie surmised or that by the said supposed fine the said Io. did knowledge or might lawfullie knowledge the said mese and other the premisses conteined in the said bill to be the right of the said complainant as those which the said complainant had of his gift as it is in like manner vntrulie supposed or that by force thereof the said complainant entred or might lawfullie enter into the said mese and other the premisses in this aunswere mentioned or that he was thereof lawfullie seised in his demesne as of fee as by the said bill it is also vntrulie surmised and without that that any other matter or thing alledged in the saide bill materiall to be aunswered vnto which heere in this aunswere is not confessed and auoided denied or trauersed is true All which matters this defendant is readie to auerre 7 prooue as this Court shall award and prayeth to be dismissed out of this Court with his costs and expences in this wrongfull vexation sustained R. Ge. The Replication of H. S. to the Aunswere of Sir T. H. Knight THe said complainant saith that the said bill of complaint is true Sect. 181. certeine and sufficient in the lawe to be aunswered vnto and not imagined and set forth by the said complainant of malice or wrongfullie to put the said defendant to costs labour or expences for the saide complainant auerreth his said bill of complaint and euery thing therein conteined to be good and true in manner and forme as in the said bill of complaint is alledged without that that the late King Henry the 8. named in the saide aunswere was seazed in his demesne as of fee as in the right of his Crowne of and in the saide mese garden orchard and croft conteining by estimation two acres of land lying in D. parcell of the lands and tenements mentioned in the saide bill of complaint as parcell of the mannor and Lordship of D. in the said Countie of C. or that the saide mese garden orchard and croft or any part or parcell thereof is or at any time was parcell of the same mannor or that the said late King by his letters patents gaue and graunted vnto the saide defendant and his heires for euer the saide mese garden orchard and croft or that the saide late King Henry the 8. did or might lawfullie giue the said mese garden orchard and croft vnto the said defendant or that the saide mese garden orchard and croft did or might lawfullie passe or come vnto the said defend by the said graunt if any such graunt had beene as there was not indeede or that the said defend by force of any such graunt or letters patents entred into the premisses last before mentioned and was thereof seazed acordinglie or did or might lawfullie take the issues and profits thereof by force of the same letters patents or that any other thing c. All which matters the saide defendant c. And prayeth that it may be ordred by this ho. Court that the said complainant may quietly enioy the lands and tenements mentioned in the said bill of complaint without let suit vexation or impediment of the saide defendant or of his heires or
peremptoria And Glanuil cap. 3. Lib. 9. saith Talis concordia finalis dicitur eo quod finem imponit negotio adeo vt neutra pars litigantium ab eo de caetero poterit recedere In which bookes may be seene thauncient forme of leuying Fines their great antiquitie for they be as auncient as any Court of Record Plow fol. 357. a. 368. b. which without question were long before the Conquest So that Fines hauing their commencement of Record long before the Conquest euer since haue remayned in great estimation as appeareth by a Fine leuied before the Conquest touching the possession of the Abbey of Crowland and diuers other auncient Fines leuied before that time yet extant Plow 357. a. 368. b. But chiefely we are to consider their effects which be to make certeintie and assurance to the parties concerning their estates in lands and tenements and to end contention and breed peace and securitie to all men As appeareth by the Statute de Finibus 27. Edw. 1. Stat. 1. cap. 1. wherein be these words Quia fines in Curia nostra leuati finem litibus imponere debent imponunt Ideo fines vocātur maxime cum post Duellum magnam Assisam in suo casu vltimum locum finalem teneant imperpetuum with which Statute agreeth Bracton tractatu 5. Lib. 5. cap. 28. Sect. 7. de Exceptionibus And therefore by thauncient law Fine and Nonclaime by the space of a yeare and a day was a peremptory barre to all men which was abrogated by the statute made 34. Ed. 3. cap. 16. And at this day Fines be of great force puissance and worthinesse for being leuied and ingrossed with proclamatiōs according to the statute of 4. H. 7. cap. 24. 1. R. 3. cap. 7. 32. H. 8. cap. 36. 31. Eliz. Reg. cap. 2. They are finall endes and sufficiently conclude barre and discharge for euer aswell parties and priuies as estrangers to the same except women couert other then beene parties to the fines and euery other person at the time of the leuying of the same fine being within the age of xxi yeares or in prison or out of the Realme or of vnsound mind and not parties to such fines Sauing vnto estrangers to such fines such right title claime and interest as they haue to the tenemēts therein contained at the time of thingrossing thereof so that they pursue the same by action or lawful entrie within fiue yeeres next after proclamations thereupon made according to the said statutes And sauing to all other persons such action right title claime and interest in or to the tenements in such fines mencioned as first shall grow remaine discend or come to them after the said fine ingrossed and proclamations made by force of any cause or matter had or made before the said fine leuied so that they pursue their action right or title within fiue yeeres next after that it is to them accrued By which authorities we gather that fines are nothing els but Instruments 20. Ass p. 1. 26. Ass p. 37. Dyer fol. 179. Plow fol. 146. of record of agreements cōcerning lands tenements or hereditaments duely made by the Queenes consent licence knowledged by the parties to the same vpō a writ of Couenant a writ of Right a writ of Customes Seruices Warrantia chartae thereof or such like before the Iustices of the Common place or others thereunto authorized ingrossed of record in the same Court to end all cōtrouersies therof both betweene themselues which be parties and priuies to the same and all estrangers not suing or clayming in due time These Fines destroy estates taile other then such as be made by the King the reuersion being in the King 32. H. 8. ca. 36. And other then fines of lands restrayned from alienation by act of parliament 32. H. 8. cap. 36. Or leuied by an Intrudor of lands seised into the kings hands as by an heire which holdeth in Capite before Liuery sued 1. H. 7. ca. 5. for by the Praerogatiue cap. 13. by his entrie he gayneth no freehold And in time become perpetuall barres against all men end strife make peace breede securitie and tranquillitie which is the very fruite effect and end of all godly Lawes Of the parties to fines IN euery Fine two things are principally to be regarded the persons Sect. 2. and the action Persons chiefely regarded in fines be the parties to the fines and the Iudges Parties to the fines be the Cognizor and the Cognizee which are thefficient causes thereof The Cognizor is he which doth knowledge the fine The Cognizee is he to whom the fine is leuied In the parties 3. things are specially to be regarded Their Capacities Names and Estates Touching the Capacitie of the Cognizor it is to be considered whether he be a person able to leuie a fine or no namely whether he be void of all such impediments naturall and ciuill as may hinder him in doing thereof What persons may be Cognizors and what not ALl persons male female may be Cognizors but such as are prohibited Sect. 3 that to doe by nature or law By nature through defect of the nund or of the bodie but no longer then such defect endureth This defect of the mind is either naturall or casuall Of Infancie DEfects of the minde by nature is by age which is of Infants Sect. 4. that is persons vnder thage of xxi yeeres as by Ideocy which ought not to be Cognizors because the law intendeth they want vnderstanding and discretion what to do in this behalfe Yet if a fine be leuied by an Infant it cannot be reuersed but by himselfe by writ of Error during his infancy that the Court may see him and thereby iudge his age 50. E. 3. 5. 17. E. 3. 52. and 78. Impediments of the mind casuall such as affect are furious madde men Lunatiques Ideots men hauing the Lethargie whereunto may as it seemeth be added doting old persons wanting discretion men drunken who ought not to be Cognizors for their fines are not reuersable because the fine it selfe argueth their habilities for the law intendeth that Iudges will receiue no cognizances of such persons 17. E. 3. 5. and 78. 17. Ass 17. Defects of the bodie DEfects of the bodie be such infirmities thereof by which the principall Sect. 5. sences necessarie for vnderstanding and to declare their consents are wanting Of which sort be such as are blind deafe or dumbe naturally But persons blind deafe or dumbe accidentally may make cognizance if they can expresse their meaning by writing Impediments legall or ciuill LEgall impediments be when such persons be prohibited by law as Sect. 6. by nature are able to leuie fines And they are either by reason of subiection or ioint power Of legall subiection SUbiection legall is when persons be vnder the rule of others as a Sect. 7. feme couert to her husband 2. H. 5. 9. E. 3. 28. A villein to his Lord 33.
' eisdem W. K. hered ' ipsius K. imperpetuum de capitalibus dominis feod ' illius per seruic ' que ad eandem tertiam partem pertinent imperpetuum A Fine knowledged by W. P. and M. his wife of a manor c. one water mille one winde mille iij. douehouses c. to E. B. and R. C. and the conusees by the same fine do graunt vnto the said M. a yerely rent of xij li. going out of the said Manor Habend ' from Michaelmas or Thannunciation next after the death of the said W. P. her husband and one of the conusors in the said fine during her life in full recoÌ„pence of her title of dower or iointure in any of the lands of her said husband with a clause of distresse for the said rent And lastly the said conusees graunt and render againe the said manor c to the said W. P. the conusor and husband to the said M. and to his heires for euer ET est concordia talis scilicet quod praedict ' W. M. recognouerunt Sect ' 110. manerium tenÌ„ta praed ' cum pertinÌ„ esâ—e ius ipsius E. R. vt illa que idem E. R. habent de dono praed ' W. M. Et illa remiserunt quiete clamauerÌ„ de se hered ' suis prefatÌ„ E. R. hered ' ipsius E. imperpetuuÌ„ Et pÌ„terea ijdeÌ„ W. M. concesserÌ„ prose hered ' ipsius W. quod ipsi Warrantie warrantizabunt manerium tenÌ„ta praed ' cum pertinÌ„ prefatÌ„ E. B. R. hered ' ipsius E. contra omnes homines imperpetuum Et pro hac recognicione c. ijdem R. E. concesserunt pÌ„f. M. quandam annualem redditÌ„ A graunt of a rent in recompence of iointure dower xij li. exeunÌ„ de praef Manerio tenementis cum pertinÌ„ Habend ' tenend ' annuatim percipiend ' praed ' annualem redditÌ„ xij li. prefatÌ„ M. assignatÌ„ suis a festo sancti Michaelis Archangeli vel Annunciac ' beate Marie virginis prox immediate sâ—quenÌ„ post mortem praedict ' W. pro durante vita naturali eiusdem Mariae ad duos Anni terminos viz. ad festa sancti Michaelis Arch. Annunc ' beate Mariae virginis equalibus portionibus annuatim soluend ' in plenam recompencionem totius tituli vel Iuncture siue dotis que eidem M. contingere debent de aliquibus terris vel tenÌ„tis pÌ„d ' W. P Et si coÌ„tingat praed ' annual ' redditÌ„ xij li. vel aliquam inde parcellam a retro fore per aliquod festum festoruÌ„ praeÄ‘ quo siue quibus vt prefertur solui debeat Quod tunc tocies bene licebit praed ' M. assignÌ„ suis in praeÄ‘ manerÌ„ tenÌ„tum siue in aliquam inde ê‘cellam intrare distringere districtioneÌ„ siue districtiones sic ibidem captÌ„ abducere effugare penes se retinere quousque de praeÄ‘ annuali redditÌ„ xij li. de qualibet inde parcella vna cum arreragijs eiusdem The render of the manor c. by the conisees to the conusor and his heires for euer si que fuerint plenarie satisfact ' fuerint ê‘solutÌ„ Et vlterius ijdem E. R. concesserunt praed ' W. ManeriuÌ„ et tenÌ„ta pÌ„d ' cum pertinÌ„ illa ei reddiderunt in ead ' curia Habend ' tenend ' praed ' manerÌ„ cum pertinenÌ„ pref W. et hered ' suis impertuuÌ„ Tenend ' c. A Fine knowledged by I. G. and M. his wife to R. R. knight Lord R. of one messuage one barne c. v. s. rent the parsonage of B. and the aduowson of the vicarage of B. with warrantie against the conusor and his wife the heires of the husband PRaecipe I. G. alias G. M. vxori eius quod ipse c. teneat Sect ' 111. R. R. militÌ„ domino R. conuencionem c. de vno mesuagio vno horreo xv acris terre 6. acris prati 20. acris pasture v. s. redditÌ„ cum pertinenÌ„ in B. ac de rectoria de B. praedict ' Necnon de aduocatione vicarÌ„ Ecclesiae de B. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' I. et M. recognoueruÌ„t praedict ' tenÌ„ta redditÌ„ rectoriam cum pertinenÌ„ ac aduocac ' praed ' esse ius ipsius dnÌ„i R. vt illa que idem dnÌ„us R. habet de pÌ„d ' I. M. illa remiserÌ„ quiete clamauerÌ„ de ipsis I. et M. hered ' suis praefatÌ„ dominÌ„ R. hered ' suis Et preterea ijdem I. M. concesserunt prose hered ' ipsius I. quod ipsi warrantÌ„ praed ' dnÌ„o R. hered suis praeÄ‘ tenÌ„ta redditÌ„ et rectoriam cum pertinÌ„ ac aduocac ' pÌ„d ' contra praeÄ‘ I. et M. et hered ' ipsius I. imperpetuum Et pro hac c. A Fine knowledged by I. S and M. his wife of one garden c. with two seueral warranties The first warranty against the conusors and their heires onely and in the second the said I. S and M. his wife graunt to warrant the premisses for them and the heires of the husband against all men PRaecipe I. S. M. vxori eius quod iuste c. teneant N. Sect ' 112. W. coÌ„uencionem inter eos fact ' de vno gardino et decem acrÌ„ terre cum pertinÌ„ in S. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' I. M. recognouerunt tenÌ„ta praed ' cum pertinÌ„ esse ius ipsius N. Et illa remiserunt quiete clamÌ„ de ipsis I. M. hered ' suis prefatÌ„ N. hered ' suis E. imperpetuum Et The first warâ—antiâ— pÌ„terea ijdeÌ„ I. M. concesserÌ„ prose hered ' ipsius I. quod ipsi warrantizabunt tenÌ„ta praed ' cum pertinÌ„ prefatÌ„ N. hered ' suis imperpetuum The second warrantie Et preterea ijdem I. et N. concesserÌ„ pro se hered ' ipsius I. quod ipsi warrantÌ„ praed ' tenÌ„ta cum pertinÌ„ pref N. et hereÄ‘ suis contra omnes homines imperpetuum Et pro hac c. A Fine knowledged by E. R. of a manor c. twelue messuages x. toftes x. gardens ij winde milles c. and vi li. rent with warrantie against all men PRaecipe E. R. armig ' quod iuste c. teneat H. W. gentÌ„ Sect ' 113. conuentionem intereosfact ' de manerio de S. cum ê‘tinÌ„ ac de xij mesuagijs x. toftis x. gardâ—is duob ' molenÄ‘ ventilibus 600. acris terre 40. acris prati 6. acris pasture ducentÌ„ acrÌ„ bosci quingentÌ„ acris iampnÌ„ et bruere et vj. li. redditÌ„ cum pertinÌ„ in c. Et nisi c. ¶ Et est concordia talis scilicet quod praeâ— E. R. recognouit manerium tenementa et
of the Manor that the Lord may auow without atturnement 26. H. 6. Fitz. Per que seruitia 21. If the tenant in Per que seruitia appeare confesse the action at the Fine ImprisonmeÌ„t Distringas ad atturnand ' after iudgement will not atturne he is punishable by imprisonment or fine at the discretion of the Court as it seemeth 3. E. 3. ItinÌ„ North. Fitz. per que seruitia 17. Coparceners Iointenants and tenants in common may not fourch Essoine by essoine to essoine seuerally but haue onely one essoine as one sole tenant might haue W. 1. cap. 42. 3. E. 1. Rast ' esâ—oine 4. Of the Ingrossing of Fines WHen the note of the fine is made with the Custos breuium if it Sect ' 170. be of lands in possession or when atturnement is made if it be of a reuersion remainder rents or seruices then may it be ingrossed by the Chirographer And the Ingrossing of a fine is nothing els but the entring of the coÌ„cord Ingrossing thereof with the Chirographer and the writing and deliuery of the Indentures thereof Fitz. na 147. a 5. H. 4. ca. 14. which be called the Chirographe of the fine and is made in forme following viz. Haec est finalis concordia facta in curia dnÌ„ae Reg. apud WestmÌ„ a die Fine en taile de reuersion de rent Pasch in 15. dies AnÌ„ regni Eliz. c. 39. coram Edmundo Anderson T. Walmsley R. O. R. B. Iustic ' dnÌ„ae Reg. alijs fidelibus tunc ibi presentibus inter A. B. querÌ„ L. C. deforc ' de decem mercatÌ„ redditÌ„ cum pertinÌ„ in B. quem P. de A. tenent ad terminum vite vnde placitum conuentionis sumÌ„ fuit inter eos in ead ' curÌ„ scz quod praed ' L. concessit pro se heredibus suis quod praed ' redd ' cum pertinÌ„ quem praed ' P. tenuit ad terminum vite ex dimissione pÌ„d ' L. in praed ' vill ' die quo hec concordia facta fuit qui post decessum ipsius P. ad praedict ' L. heredes suos debuit reuerti post decessum ipsius P. integre remaneant praedict ' A. RemÌ„ as heires de corps hered ' de corpore suo procreatÌ„ tenend ' de capital ' dominis feodi illius per seruitia que ad praed ' redd ' pertinent imperpetuum si contingat RemÌ„ as droit heires quod idem A. obierit fine herede de corpore suo procreatÌ„ tunc post decessum ipsius A. praed ' redd ' cum pertinÌ„ integre remanebit rectis heredibus ipsius A. tenend ' de capitalibus dominis feodi illius per seruitia que ad praed ' redd ' pertinent imperpetuuÌ„ Et pro hac concessione fine concordia idem A. dedit pref L. centum marcas argenti And so of others according to the diuersitie of their cases Of the Tabling of fines ingrossed The Chirographer of fines of the common plecs for euer must write Sect ' 172. Tables and make one table for euery county where her Maiesties writ ruÌ„neth conteining the contentes of euery fine that shall passe in any one terme as the name of the County townes and places wherein the tenements mencioned in any fine be the name of yâ— plaintife deforceant of euery manor named in any fine And the first day of the next terme after thingrossing of euery such fine shal fixe euery of the said tables in some open place of the court of Common plees and so euery day of the said terme during the sitting of the said Court and the said Cirographer shall deliuer to euery sheriffe of euery County his vndersherife or deputie faire written in parchment a perfect content of the table so to Contents be made for that shire in the terme that shal be next before thassises to be holden in the same county or els meane betweene the terme and the said assises to be set vp the first day euery day of the next assises in some open place of the Court where the Iustices of assises then shal sit to continue there so long as they shall sit in the said Court if either the Chirographer or sherife faile herein he forfaiteth v. li. and the Chirographers fee for euery such table is iiii d 23. Eliz. cap. 3. How many proclamations are to be made vpon fines and when FOure proclamations onely are now to be made vpon euery fine with Sect ' 172. proclamation that is to say one in the terme in which the fine is ingrossed and in euery one of the three termes next insuing the ingrossing thereof one proclamation 31. Eliz. cap. 2. But if any of the same proclamations faile by reason of the adiornement AdiournemeÌ„t of any of the said termes by writ of adiournement duely made yet is such fine good and a good fine with proclamations as if the same had bin proclaimed 1. Mar. ca. 7. Bu if any proclamation be made vpon a sunday it is error because it Sundaies is not dies Iuridicus Dyer fo 128. pl. 53. 55. 2. Eliz. Of Proclamations of fines at the assises and general Sessions how they must be certified TO the end better notice of fines may come to them to whom it appertaineth Sect ' 173. Sessions it is ordained by the said statute of 4. H. 7. ca. 24. That the Iustices of the common place shall send a transcript of such fines to the Iustices of assises in the counties where the lands doe lie to be proclaimed Assises openly and solemnly at all the assises which shal be there in holden within one yere after the Ingrossing of such fines And that the like Transcript be made to the Iustices of the peace there to be proclaimed at foure generall Sessions in the said Counties and both the same proclamations to be made and certified into the common place the second day of the returne of the terme then next following And it is to be noted That while the said fines are read all plees must cease 4. H. 7. cap. 24. The forme of euery such proclamation is thus After the crier hath Proclamation made an O yes for silence saying O yes les fines lies or to that effect the Cirographer or his deputie readeth the fines thus EborÌ„ A Fine with proclamations betweene A. B. plaintife and C. D. deforciant of tenements in D. c. If the cognisees in fines die before thingrossing thereof no Proclamations Cogniseâ— dead shal be made because they had their election to haue yâ— fine with proclamations or without which election is now by their death determined Dier fo 254. pl. 104. 8. Eliz. Plow fo 266. b. Of the Inrolement of all the parts of fines after the ingrossing thereof and Proclamations passed BY the Statute of 23. Eliz. ca. 3. it is ordeined that there shall be for Sect ' 174. Office of Inrolment
M. armÌ„ qui presens est hic in curia in propria persona sua gratis manerÌ„ mesuagium molendinÌ„ terrÌ„ pratÌ„ pasturÌ„ bosc ' turbarÌ„ terrÌ„ aquaÌ„ coopertÌ„ praedict ' eidem R. D. T. H. warrantizaâ— c. Et super hoc praedict ' R. W. B. c. petunt versus ipsum W. M. armÌ„ tenemÌ„tÌ„ per warrantiam suam praedict ' maneriuÌ„ mesuag ' molend ' terr pratÌ„ pasturÌ„ bosc ' turbarÌ„ terrÌ„ aquaÌ„ coopertÌ„ redditÌ„ superius petitÌ„ cum pertinenÌ„ in forma praedict ' c. vnde dicunt quod ip simet fuerunt seisitÌ„ de eisdem maner mesuag ' molendinÌ„ terrÌ„ pratÌ„ pasturÌ„ bosc ' turbarÌ„ terrÌ„ aqua coopertÌ„ redditÌ„ cum pertinenÌ„ in dominico suo vt de feodo tempore pacis tempore dicti domini regis nunc capiend ' inde expleciones ad valenc ' c. Et in quae c. Et inde producunt sectam c. Et praedict ' W. M. armiger tenens per warrantÌ„ suam defendit ius suum quando c. et vocatÌ„ inde ad warrantam Th. Needham qui presens est hic in cur ' in propria persona sua et gratis manerium mesuag ' moleÌ„d ' terr' pratÌ„ pasturÌ„ bosc ' turbarÌ„ terrÌ„ aquaÌ„ coopertÌ„ redditÌ„ praedictÌ„ cum pertinenÌ„ eidem W. M. warrantizat c. Et super hoc praedict ' R. W. B. c. petunt versus ipsum Th. Needham tenenÌ„ per warranÌ„ suam praedict ' manerÌ„ mesuag ' molend ' terr' pratÌ„ pastur ' bosc ' turbar ' terr' aquaÌ„ coopertÌ„ redd ' superius petitÌ„ cum pertinenÌ„ in forma praed ' Et vnde dicunt quod ipsimet fuerunt seisitÌ„ de eisdem manerÌ„ mesuagijs molendinÌ„ terr' pratÌ„ pasturÌ„ bosc ' turbar ' terr' aqua coopertÌ„ et redditÌ„ superius petitÌ„ cum pertinentÌ„ in dominico suo vt de feodo tempore pacis tempore dict' domini Regis nunc capiend ' inde expleciones ad valenc ' c. Et in quae c. Et inde producunt sectam c. Et praedict ' Tho. Needham tenenÌ„ per warrantÌ„ suam defendit ius suum quando c. Et dic ' quod praedict ' Th. Cutte non disseisiuit praedict ' R. W. B. c. de manerio mesuagio molendino terr' pratÌ„ pastur ' bosc ' turbar ' aqua coopertÌ„ et redditÌ„ cum pertinentÌ„ modo forma proutijdem R. W. B. c. per breue narrationem suam superius supponunt c. Et praedictÌ„ R. W. B. c. petunt licenciam inde interloquendi hic c. Et habent c. Postea quae isto eod ' comÌ„ hic c. ijdem R. W. B. c. per praedictÌ„ AtturnatÌ„ suum reuenÌ„ in cur ' domini regis c. Et praedictÌ„ T. N. tenens per warrantÌ„ licet solempniter exactÌ„ non reuenÌ„ sed in contemptum curiae hic recessit et defalâ— fecit c. Ideo concessum est per Iudicatores comÌ„ praedictÌ„ quod praeÄ‘ R. W. B. recuperarent seisinam versus praed ' R. D. T. H. depraed ' manerio messuagijs molendinÌ„ terr' prat pastur ' bosc ' turbar ' terr' aqua coopertÌ„ redditÌ„ superius petitÌ„ cuÌ„ pertinentÌ„ c. Et quod praed ' R. D. T. H. habeant de terr' praedictÌ„ W. M. ad valenc ' c. Et quod idem W. M. habeat de terris praedictÌ„ T. N. ad valenc ' c. Et idem T. N. in miÌ„a c. The like common Recouerie in the said Countie of Chester to the next before and of the same mannor and lands in the time of the said king DE placitis comÌ„ Cestriae apud Cestr ' coram T. E. armÌ„ Sect. 20. filio T. B. militÌ„ Iustic ' domini regis ibmÌ„ die Martis post festum decollacionis sancti Iohannis Baptistae Anno regni Regis H. 8. post conquestum Angliae 21. R. B. de CestrÌ„ R. B. W. B. B. B. filij R. B. militÌ„ et O. B. per T. B. AtturnatÌ„ suum in curia domini Regis hic petunt versus W. M. armÌ„ maner ' de W. vigintitria mesuag ' vnum molendinum aquatÌ„ trescentÌ„ acras terre viginti acrÌ„ prati centum acras pasturÌ„ quadriginta acras bosci decem acrÌ„ turbarÌ„ decem acras terre aqua coopertÌ„ cum pertinÌ„ in W. M. K. W. vt ius hereditatÌ„ suam in que idem W. M. noÌ„ habet ingressum nisi post disseisinam quam T. C. inde iniuste sine iudicio fecit pÌ„fatÌ„ R. R. W. B. O. postquam I. Scotticus fact ' fuit comes C. c. Et vnde ijdem R. R. W. c. dicunt quod ipsimet fuerunt seisitÌ„ de eisdem manerÌ„ mesuagijs molend ' terâ— pratÌ„ pasturÌ„ bosc ' turbarÌ„ terrÌ„ aqua coopertÌ„ cum pertinenÌ„ in dominico suo vt de feodo tempore pacis tempore domini regis nuÌ„c capiend ' inde expleciones advalenc ' Et in que c. Et inde producunt sect ' c. Et praeÄ‘ W. M. in propria persona sua venit defendit ius suum quaÌ„do c. Et vocat inde ad warrantam T. N. qui presens est hic in curÌ„ in ê“pria persona sua gratis eid ' W. M. ManÌ„ et tenÌ„ta pÌ„d ' cum pertinÌ„ warrantizat Et super hoc praed ' R. R. W. c. petunt versus ipsum T. N. tenenÌ„ per warrantiam suam c. ManerÌ„ et tenÌ„ta praed ' superius petitÌ„ cum pertinenÌ„ in forma praed ' c. Et vnde dicunt quod ipsimet fuerunt seisiti de eisd ' tenÌ„tis cum pertinÌ„ in dnÌ„ico suo vt de feodo teÌ„pore pacis teÌ„pore dict' regis nunc capiend ' inde expleciones advalenc ' c. Et in que c. Et inde producunt sectam c. Et praed ' T. N. tenens per warrantiam suaÌ„ defend ' ius suuÌ„ quando c. Et dicit quod praed ' T. C. non disseisiuit pÌ„d ' R. R. W. c. de tenÌ„tis praed ' cum pertinÌ„ modo forma prout ipsi per breue narracionem suas superius supponunt c. Et praed ' R. R. W. c. petunt licenciam inde interloquendi hic c. habent c. Posteaque isto eodem comÌ„ hic c. ijdem R. R. W. per AtturnatÌ„ suum praed ' reuenÌ„ in curia dnÌ„i regis Et praed ' T. N. tenens ê‘ warrantiam suam licet solemniter exact ' non reuenÌ„ sed in contemptÌ„ curie hic recessit defaltam fecit Ideo concessum est per Iudicatores comÌ„ praed ' quod praedict ' R. R. W. B. B. et O. recuperarent seisinaÌ„ suam versus praed ' W. M. de tenÌ„tis praed ' superius petitÌ„ cum pertinÌ„ c. Et quod idem W. M. habeat de terris praed ' T. N. ad valenc ' c. Et idem T. N. in
one dead thing onely it is precij and not ad valentiam but of diuers dead things ad valentiam not precij Of come not currant it shal be praecij but of coine curraÌ„t shal neither be said precij nor ad valentiam For the price and value therof is certein but of counterfait coine shal be said ad valentiam in counterfaiting of coine shal not be said x. li. libras in denarijs dominae Reginae nor in pecunia dominae Reginae but ad instar pecuniae dominae Reginae The verie maner of the fact or deed it selfe and nature of the offence must also be mentioned in the indictment as in escape for prison breaking must be expressed for what felony the offendor was apprehended imprisoned And for counterfaiting of money must be shewed to what the counterfait is like as groats shillings c. And in murder and manslaughter the stroke whereof death ensued Dyer fol. 99. pl. 63. And for slanderous words against the Queene the very words must be certeinly set downe And for entrie into house land or tenements must be expressed what maner of house lands or tenements as a messuage a cottage arable land medow pasture or wood And where in any Indictment seuerall acts be said to make vp th offence which may be done at seueral times and places both the times places must be certeinly expressed as in murdar manslaughter thassault and the striking as apud B. in comitatu E. c. in quendam I. S. insultum fecit ipsum I. S. cum quodaÌ„ gladio precij c. adtunc ibid ' felonice ex malitia sua praecogitata ê‘cussit murdrauit And in theft the thing stollen must certenly be laide downe 22. Ass pla 75. 29. Ass 45. And an Indictment against an accessarie must shew what felony the principal committed and that knowing it receiued the felon feloniously 7. H. 6. Touching the seueral natures of seueral offeÌ„ces it is to be noted that in Indictments of treasons the fact must be necessarily saiâ— to be done proditorie of murder murdrauit and of manslaughter and all other felonies the deed must be said to be done felonice and in burglary Burglariter or intentione ad felomam siue murdrum faciend c. in rape felonice rapuit in theft felonice cepit asportauit if it be a dead thing if liuing abduxit or felonice furatus est In petie Larceny and maime must also be said felonice And notwithstanding the statute of 37. H. 8. ca. 8. it is not amisse in euery indictment conteining felony or trespas to vse the wordes vi armis viz. gladijs baculis cultellis c. And in a Forcible entre vpon the statute 8. H. 6. ca. 9. must be manuforti c. or cum multitudine gentiuÌ„ c. And in an IndictmeÌ„t found vpon statuts it seemeth not needful to recite the statute verbatim as hath bin heretofore vsed and namely if the statute be general 5. H. 5. 11. 30. ass 38. But fully certeinly to describe th offence against the tenor of the same statute And then conclude with these words Contra formam statuti in humÌ„di casu prouisi aediti If there be onely one statute of that offence but if there be diuerse coÌ„cerning the same then the conclusion must be Contra formam diuersorum statutorum in hmÌ„di casu aeditÌ„ prouisorum c. And it is specially to be noted that in Indictments grounded vpon penal statuts other then for tillage giuing the penaltie to the Queene onely may be exhibited at any time within two yeres after the offence But if the benefit be to the Prince another persoÌ„ it ought to be sued for such person and the Prince within one yere And for the Prince alone within three yeres if shorter time be not in that behalfe limited in such Penal statutes 31. Eliz. cap. 5. But the formes of Indictments will best appeare in the following examples which for the Readers ease I haue here Alphabetically set downe as ensueth For keeping an Alchouse or Tiplinghouse IVratores pro Domina Regina presentant quod A. B. de C. in dict' comitatu Sect ' 67. E. yeoman vicesimo die mensis Octobris Anno regni dominÌ„ nostrae Elizabethae Dei gratia Angliae Franciae Hiberniae Reginae fidei defensoris c. Tricesimo continue multis diebus postea viz. vsque primum diem dicti Octob. AnnÌ„ supradicto apud C. praedict ' in comitatu praedicto obstinate atque ex aucthoritate propria ipsius A. B. sine vlla Iusticiariorum pacis dictae dominae Reginae in comitatu praedicto admissione aut allocatione assumpsit super se custodire custodiuit vnam communem Tabernam Anglice vocataÌ„ a common Tipling house ibidem dicto vicesimo die dictis diebus tum postea communiter publice vendidit ceruisiam potum Anglice dictum Ale and Beere diuersis dictae dominae Reginae ligeis subditis In dictae dominae Reginae contemptum ac contra formam cuiusdam statuti in parliamento domini Edwardi nuper Regis Angliae sexti tento apud WestmonÌ„ Anno regni dicti domini Edwardi quinto in huiusmodi casu prouis editi For silke in a Cappe IVratores pro Domina Regina praesentant quod A. B. de C. in dicto Sect ' 72. Comitatu Tailor natus infra hoc regnum Angliae videlicet apud C. praedictam sed filius aut haeres apparens alicuius militis aut filius hominis altioris gradus non existens nec potens expender per annum viginti libras in terris tenementis feodis officijs aut alijs annuis reuentionibus pro termino vitae suae nec valens ducentas libras de bonis suis proprijs nec vnquam Maior Balliuus Aldermanus aut capitalis officiarius in aliqua Ciuitate burgo aut villa corporata existens nec dictae dominae Reginae seruiens in ordinario vtens dictae dominae Regine liberata existens 20. tamen die Octobris anno regni dicte dominae nostrae Elizabethae Dei gratia Angliae Franciae Hibernie Reginae fidei defensoris c. Tricesimo apud C. praedictam in comitatu praed ' per totum dictum 20. diem Anno supradicto interiore parte cuiusdam pilei sui Anglice vocati a Cap quodam serico Anglice dicto Taffata ad valorem 2. solidorum illicite palam vsus est contra formam cuiusdam Statuti in parliamento Philippi Mariae nuper Regis Reginae Angliae tento apud WestmÌ„ in comÌ„ Midd ' Annis regnorum suoruÌ„ primo secundo in huiusmodi casu prouisi editi For vsing the Art of a Mercer against the Statute of Anno quinto of the Queene IVratores pro domina Regina presentant quod A. B. de C. in comitatu Sect. 63. E. Mercer vicessimo die mensis Maij Anno regni dictae dominae nostrae
such things as were not in rerum natura at the time of the submission though they happeÌ„ to be before the award made be arbitrable as if the submission be of Ewes with lambe which after the submission and before the award made haue lambes it seemeth they haue no power to make any award touching the lambes Matters concerning the common wealth seeme not arbitrable as all criminall offences as treasons feloâ—es c. touching the crime for it is for the benefite of the common wealth that such offendors be made knowen and punished Also causes matrimoniall seeme not arbitrable least men should seperate those whom God hath ioined together Circumstances regarded in submission First that it be in writing NOw that we haue set foorth the persons and things necessarie in Sect 34. euery compromise it is good to consider such other circumstances as be requisite in the same Three things therefore beside the persons and things are meete to be obserued in euery compromise First that euery compromise be made by writing with the parties couenants or bonds sufficient to bind their heires executors to performe the award which shal thereupon be made that both the arbitrators may know their power and the parties how farre they are subiect to their sentence And also least their labour and iudgement therein should bee frustrate for want of means to compel the same to be executed Of the power giuen to Arbitrators SEcondly it is behouefull that the very Compromise arme the arbitrators Sect 35. with sufficient authoritie to do all things necessary for the ending of the controuersies as to appoint times places for their meeting to examin decide the matter compromitted to bring the parties with their proues euidences witnesses thither together before them And to punish the persons defectiue to expound correct such doubtfull sentences questions as may arise vpon their award inconuenient to either parties contrarie to equity and the arbitrators good meaning which inconueniences could not by them be foreseene at the making of the award as it oftentimes hapneth for temporis filia veritas trueth is the daughter of time Of time and place THirdly that by the compromise conuenient time and place be limited Sect ' 36. for the yeelding vp of their award to the parties or their atturneies deputies or assignes least the parties should otherwise be long lingered with vaine hope of an endlesse end and that the arbitrators may before the set time finish their award for whatsoeuer they do arbitrate after the time appointed is void 8. H. 6. f. 18. And it is all void that is not conteined in the submission or necessarily depending thereupon 7. H. 6. fo 40. 8. H. 6. fo 18. 36. H. 6. fo 11. as shal more largely appeare wheÌ„ we come to the doctrine of arbitremeÌ„ts The instrument of compromise or submission may be made in forme following A Compromise or submission with couenants to performe the same THis Indenture made c. betweene A. B. on the one partie and C. Sect ' 37. D. on the other partie Witnesseth that the said A. B. and C. D. do by these presents willingly compromit and submit themselues and either of them to the awarde arbitrement order rule dome and iudgement of E. F. and G. H. arbitrators indifferently named elected chosen by the said parties to co arbitrate award order decree and iudge of and vpon all and all maner of actions suites quarels debts accompts trespasses controuersies debates and demaunds whatsoeuer had made moued depending or accrewed or which might haue bin had or moued betweene the said parties at any time or times before the date hereof except one action of debt c. depending betweene the said parties in the Queenes Maiesties Court of common Plees or before c. and except one debt of x. li. due to the said A. B. by the said C. D. for the price of certeine Corne c. and except all landes and tenements of the said A. B. and such like exceptions c. So alwaies that the same arbitrators doe make their award order and iudgement of and concerning the premisses to be made by writing indented vnder all their hands and Seales on this side and before the x. day of Iune now next ensuing and one part of the same deliuer or cause to be deliuered by the said Arbitrators to the said A. B. or his certeine atturney or atturnetes in that behalfe requiring the same the said x. day of Iune now next comming at or in the Parish Church of R. in the said Countie of Yorke And the other part of the said award to the said C. D. his atturney or atturneies deputie or assigne requiring the same at the said day and place and so alwaies that the said arbitrators do not by the said awarde order or appoint any act or acts thing or things to be done or performed by or to any person or persons other theÌ„ to or by the said parties to these presents their heires executors administrators or assignes or some of them not to or by any estranger or estrangers to this present submission And the said A. B. and C. D. and either of them for themselues their heires executors and administrators and the heires executors administrators of either of them do by these presents mutually couenant conclude promise and agree to and with the other his executors and administrators and euery of them that neither they nor either of them wil at any time hereafter reuoke the authority hereby giuen to the said Arbitrators nor discharge them nor either of them of the said facultie or power of Arbitration And that they either of them the heires executors administrators assignes of either of them on their seuerall parts shall will well truly obserue performe fulfil and keepe al and euery clause sentence article submission and agreement iâ— these presents mentioned on his or their part to be performed and kept according to the tenor true intent and meaning of the same In witnesse whereof the said parties to these presents haue interchangeably set to their handes and Seales the day and yere aboue written Of binding the parties to performe the award OR the parties may submit themselues to awarde by obligation Sect 38. with condition according to the effect of the said Instrument of submission but that seemeth perilous for that that so they may for a trifle hazard the whole penalty of the bond which were too too mischieuous Neueâ—thelesse if any be willing to aduenture the parties may be bound either to other and the condition may bee made in forme following The condition of an Obligation to performe an awarde Sect 39. THe condition of this Obligation is such that if the aboue bounden A. B. his heires executors administrators and assignes and euery of them doe on his and on their part and behalfe well and truely stand to obay performe fulfill and keepe the
of them yet it is the award good for that part notwithstanding as if the submission be of all actions real and personal and the award of actions personall onely and if it be de iure possessione and the award is only de possessione 19. H. 6. 6. per cur̄ notwithstanding the contrary opinion of Prisot 39. H. 6. 9. An award that an action shal be sued betweene the parties by the aduise of A. and B. is good for that A. and B. in this case are not Arbitrators but executors of the award yet quere for it is vncerteine whether they will giue aduise or no. 8. E. 4. 1. 4. Arbitrement that the plaintife shall pay to the defendant x. li. and release to him all actions And that the defendant shall release to the plaintife all actions is good 20. H. 6. 18. 19. Arbitrement that either partie shal release to other all actions that because the one hath trespassed more then the other he shall pay to the other ◠s. is good 20. H. 6. 18. 19. Arbitrement that either party shall go quite against other is good 20. H. 6. 18. 19. 10. H. 6. 14. 19. H. 6. 36. 22. H. 6. 39. Dyer 356. 16 Eliz. pla 39. 21. H. 6. that it is not good if the submission were by parol 9. Ed. 4. 8. An arbitrement in trespasse is not good if it award not something to the plaintife for amends 43. E. 3. 28. In trespasse of goods taken it is no good award that the defendant shall reteine part of the goods and the plaintife haue the rest 17. Edw. 3. 16. In debt of x. li. it is no good Arbitrement that the plaintife shall retaine the one moity the defendant haue the other 45. E. 3. 16. In trespas award that if the defendant wil wage his Law that he is not guiltie that then he shall go quite and that the plaintife shal release vnto him seemeth good 46. E. 3. 17. Award that for so much as the one hath done more trespasse then the other therefore he shall giue him a peny for amends And that the other shall go quite against him is good 19. H. 6. 3. 6. By Prisot if two submit themselues to Arbitrement of all trespasses c. and it is awarded that the one shall make amendes to the other and nothing is awarded for the others benefit this award is void 7. H. 6. 40 39. H. 6. 9. 22. E. 4. 25. So if it were that the one only shall go quite against the other for an award must be final obligatory and satisfactory to both parties 7. H. 6. 40. 19. H. 6. 36. 20. H. 6. 18. Award in trespas of goods taken that the defendant shal cary and redeliuer the goods taken to the plaintife is good 12. H. 7. 14. 15. Award that the one partie shall pay xx s̄ or enfeoffe c. is good and the performance of either suffiseth 21. H. 6. 22. H. 6. 52. An award that one of the parties shall do an act to an estraunger is void if the parties be not bound 22. H. 6. 46. Or if an award be to pay x. li. to an estraunger it is void for how can he pay the same if he will not accept it 22. H. 6. 46. 8. E. 4. 1. 9. Or if the award be that hee shall cause an estraunger to enfeoffe the other partie for he hath no meane to compell the straunger 17. E. 4. 5. So if it be awarded that he shal be bound with suerties 18. E. 4. 22. 23. 5. H. 7. 23. Arbitrement that money shal be payd at a day to come is good for the partie may thereof haue an action of debt after the day if it be not paied accordingly 20. H. 6. 12. 5. E. 4. 7. But award to do any other thing at a day to come is void if the submission be not by specialtie because the partie hath no meanes to compell his aduersarie to performe it 5. E. 4. 7. and 24. An award is void as is said if it neither be executed nor any meanes by law for the execuiton thereof As if it be awarded that th one shal pay to thother x. pound this is good for hee may recouer the same by action of Debt But if it were awarded that th one should deliuer to thother an acre of land or do such like act executory it were void if it be not deliuered straight way or prouision made by bond or otherwise to compel the performance thereof according to the award 19. H. 6. 36. 20. H. 6. 12. 5. E. 4. 7 19. E. 4. 8. Thus much of the doctrine of Arbitrementes now of their seuerall formes An Arbitrement or award of lands by which the partie couenanteth to performe it THis Indenture made c. betweene T. R. of c. of the one partie Sect 45. and L. M. of c. of the other partie Witnesseth that whereas there hath beene and yet is contention variance and suite betwixt the said parties not onely for and concerning the right title and interest of and in a certaine quantity of ground by estimation two acres or thereabout lying in K. and adioyning to the Mill of the said T. R. in T. aforesaid claymed by eyther of the said parties to be his owne land and inheritance But also for and concerning certayne wayes to the Mill of the sayd T. through the ground of the said L. from al the Townes Villages Hamlets and other places in the North side of the riuer of D. bordering lying and being within the space of ten miles of the said Mill and all other matters and controuersies betwixt the said parties For the friendly ending and appeasing of which said variances and controuersies the said parties haue compromitted and submitted and by these presents do compromit and submit themselues and all matters in variance aforesaid to the order arbitrement award doome and iudgement of F. W. and T. W. Whereupon the said arbitrators hauing viewed the said groūd in variance and perused diuers writings and euidences concerning the same and heard the testimony and witnes of diuers auncient men neighbors dwelling nigh the said ground aswell touching the occupation and vsage of the said ground by the said T. R. and his auncestors as also the said waies vsed vnto the said Mill by thinhabitants aforesaid time out of mind do make and declare their award order doome and Iudgement touching the premisses and euery part of them ✿ And the said T. R. and L. M. do couenant and grannt seuerally either of them to and with the other for themselues their heires executors and administrators in maner and forme following And first the said Arbitrators do order award and iudge And the said L. M. is so contented and agreed and accordingly doth couenant and graunt for him and his heires to and with the said T. R. his heires c. that he the said T. R. shal and may from hence forth haue hold occupie and
quietly inioy to him and his heires for euer the said parcel or quantitie of ground containing by estimation two acres lying and being on the North side of the riuer of D. directly ouer against the said Mill and demesne lands of the said T. R. in T. aforesaid as it is now bounded and meared foorth with stones by the said Arbitrators And shall also haue and may take to his and their owne proper vse all the trees now standing or beyng or that hereafter shall growe in and vpon the saide grounde and all other profites and commodities comming off and vpon the saide ground onely the thornes briars and herbage excepted and foreprised with free libertie entrie and passage for the felling hewing leading carrying away and taking of the same trees and all other the said profits and commodities except before excepted at all and euery time and times hereafter at his and their pleasure And that the said T. R. his heires and assignes and all and euery other person and persons that shall come and bring any corne to the Mill of the said T. R. called T. Mill from the said townes villages hamlets or any other place inhabited shall haue free libertie waies and passage for the carrying fetching and bringing of their corne to the said Mill aswell ouer and through the said parcell of ground set foorth and meared as is aforesaid as also through and ouer other the grounds of the said L. M. in K. aforesaid in as ample and large manner and forme as the inhabitants of the said townes villages and hamlets or other places haue beene accustomed and vsed to do at any time heretofore and as it is now most commonly vsed ✿ And shall and may tie and fasten any their horses mares or other beasts wherewith they carrie any corne to the said Mill to any tree growing or other thing beyng in and vpon the said ground so that the string corde or rope exceed not the length of foure whole yards at the most ✿ And that the said T. R. his heires and assignes shall and may lawfully at all and euery time and times so oft as need shall require amend and repaire all and singuler the waies and euery part thereof for the ease sauegard and passage of the inhabitants of the said townes villages hamlets and places inhabited coÌ„ming and going to and from the said Mill without any let trouble vexation or contradiction of the said L. M. his heires or assignes or any of them And that the said L. M. his heires and assignes shall at all times within â—he space of two yeares next ensuing the date hereof doe make knowledge and suffer or cause to be made knowledged and suffered all and euery act and actes thing and things as shal be reasonably deuised or aduised by the said T. R. his heirs or assignes or his or their learned counsell at the onely proper costes and charges in all things of the said T. R. his heires or assignes for the further and better assurance and sure making aswell of the said parcell or quantity of ground containing about two acres as also of the said waies in maner forme before expressed vnto the said T. R. his heires and assignes for euer according to the true effect meaning and purport of these presents In consideration whereof it is further ordained awarded deemed and iudged by the said Arbitrators ✿ And the said T. R. doth so couenant c. that he the said L. M. his heirs and assignes shall and may haue take and enioy onely the grasse herbage with the thornes and briers yearly growing or being in or vpon the said parcell or quantity of ground so bounded or set foorth as is aforesaid And in further consideration of the premisses the said T. R. hath paied to the said L. M. at the insealing hereof at the request of the said Arbitrators the summe of xx pounds c. ✿ In witnesse whereof not onely the said parties to these present Indentures of award interchangeable haue put their seales and subscribed their names But also the said Arbitrators to both the parts of these Indentures haue put their seales and subscribed their names the day and the yeare c. An other Arbitrement of debte where the parties are bound to performe it TO all true Christian people to whome this present writing of award Sect. 46. indented shall come G. W. G. N. S. S. and T. N. of c. send greeting in our Lord God euerlasting Whereas diuers suites c. betweene T. W. and I. S. of c. For pacifying ordering and ending whereof the said T. W. and I. S. haue bound themselues either to other in the summe of a M. l of lawfull English money by their seuerall obligations bearing date c. with conditions there vnder written to stand to c. vt supra of the said G. J. S. and T. Arbitrators indifferently elected and chosen aswell vpon the part and behalfe of the said I. S. as of the said T. W. to award arbitrate order rule iudge end determine al and al maner of suites debts actions controuersies debates and demaundes whatsoeuer depending betweene the said I. S. and the said T. W. and W. W. his sonne and heire So that the said award were made and giuen vp in writing vnder the hands and seales of all the said Arbitrators at or before the c. at c. as by the saide obligations and conditions amongst other thinges doeth and may appeare ✿ Know you now that the said G. I. S. T. taking vpon them the charge and burden of the said award hauing deliberately heard the griefes allegations proofes of both the said parties do by these presents arbitrate award order deeme iudge of and concerâ—ing the premisses in maner forme following that is to say ✿ First they do award order deeme iudge by these presents that the said I. S. his executors or administrators or some of theÌ„ shal wel and truly pay or cause to be paid vnto the said T. W. or his certain Atturney exec or administr or some of them at or before the c. at or in the c. 200. li. of c. and at or before the c. other 200. li. of c. in full satisfaction of 400. li. For paiment whereof the said I. S. stood bound to the said T. W. in and by fower seuerall Obligations whereof two are already forfaited as thereby may appeare ✿ Also the said Arbitrators do award order c. that the said I. S. his exec administr or some of them at their or some of their costs and charges shall before the c. cause procure that all suits bils plaints and informations heretofore commenced against the said T. W. in any court or courts whatsoeuer either by or in the name of the said I. S. or by or in the name of H. S. his sonne or by or in the name of our Soueraigne Lady the Q. Maiestie
law D. S. lib. 1. cap. 30. 44. E. 3. 5. 2. H. 4. 13. Fitz. Na. br fol. 152. If tenant in taile be disseised and die and a collaterall aunceâ—â—er to the heire in taile release to the disseisor with warrantie and die and the same warrantie discend vpon the said heire he is barred in law and conscience D. S. cap. 31. 35. H. 6. 63. 41. E. 3. 7. 45. E. 3. 23. 19. H. 6. 59. 15. H. 7. 9. 10. 21. H. 7. 39. 3. H. 7. 9. Tenant in taile after possibilitie of issue is dispunishable for wast by law and conscience because he had once inheritance 45. E. 3. 3. 39. E. 3. 16. and thereby power to wast without punishment which power endureth so long as his estate D. S. lib. 2. cap. 1. If a man be outlawed before he haue knowledge of the suit albeit the surmised cause of action be vntrue yet the Queene may haue his goods by Law and conscience by reason of his disobedience in not appearing to the hindrance of the effect of law for he is bound to take notice of the suit being of record at his perill And the forfeiture groweth by a generall Maxime made for the necessarie execution of Iustice But it seemeth the defendant may haue remedie in conscience against him which caused him to be outlawed without iust cause D. St. lib. 2. cap. 3. 21. H. 7. 7. 9. H. 6. 20. If an estranger do wast lands which another holdeth for yeares life in dower or by the curtesie without the tenants assent the owner of the reuersion may recouer the place wasted and treble dammages against the tenant in law And in conscience notwithstanding that the stranger be insufficient to recompence him for the same for it is his owne act and follie to take such estate subiect to the chance D. S. lib. 2. cap. 4. If a real action be brought by a very lawfull heire and yet bastardie being pleaded in him he is vntruely certified by the Ordinarie to be a bastard and so barred the tenant knowing this certificate to be vntrue ought not in conscience to reteyne the land yet is there no remedie for him in law nor in Chauncerie as it seemeth for that the Bishops certificat is the highest triall that the law affordeth in this behalfe And euery stranger may take aduantage of this certificate and no moe writs may be awarded for further trialll of the trueth thereof for the auoyding of the incoÌ„uenience which might happen if another Bishop should certifie such bastard to be legitimate D. S. lib. 2. cap. 5. If a feoffement in fee be made without deed or a gift in taile or a lease for life the remainder ouer in fee Or if tenant for â—fe graunt his whole estate by deed Poll reseruing rent in these cases the reseruation is void in law and there is no remedie therefore but in conscience D. S. lib. 2. cap. 9. Learne whether Executors or Administrators hauing assets be compellable in Chauncerie to make amends for trespasse done by their testator or to pay debt due by him vpon a simple contract Do. St. lib. 2. cap. 10. If tenant in fee haue two sonnes and die and I. S. abate and thelder sonne make his executors and dieth and the yonger recouereth against the abator in Assise of Mortdauncester the lands and damages from the death of his Father the executors of the elder brother haue no remedie for the damages accrued in his life time as it seemeth Do. Stu. lib. 2. cap. 13. Tenant in dower hath no remedie in Equitie against the alienee of her husband for damages growing betweene his death and her demauÌ„d D. S. lib. 2. cap. 13. Tenant for life disseised dieth his disseisor dieth his heire entreth against whom the owner of the reuersion recouereth the landes but no damages by law nor Equitie D. S. lib. 2. cap. 13. If a man seised of lands knowing that an other hath good right thervnto leuieth a fine with proclamation to extinguish such right And maketh no claime within v. yeres he is remedilesse in law and Equitie D. S. lib. 2. cap. 14. A man seised of lands in fee hath a daughter she marieth and hath issue her father dieth the husband so soone as he knoweth of his fathers death hasteth to take possession of the land but before he come to it his wife dieth he shal not be tenant by the Curtesie of England by law nor conscience because he had not actual possession thereof in the life time of his wife D. S. lib. 2. cap. 15. If without consideration a new rent be graunted without deede or a reuersion without attornement the grauntee is remedilesse Do. St. lib. 2. cap. 15. A man seised in fee of lands holden by Knights seruice deuiseth the whole to A. B. the deuisee thereof is remedilesse for a third part thereof for that there is no Maxime in law for him D. S. li. 2. ca. 15. If the tenant make a feoffement of the land which he holdeth by prioritie taketh estate thereof backe againe and dieth the Lord of whom he held by priority is remedilesse D. S. lib. 2. cap. 15. If the grauntee of a rent charge take a feoffement from the grauntor of parcel of the lands charged to his owne vse the whole rent is extinct by the vnitie of possession because such rent is against common right And the law deemeth it his owne folie to accept the feoffement and neither his ignorance of the deede nor of the law can helpe him D. S. lib. 2. cap. 16. 17. Yet Quaere in Equitie because the grauntor himselfe is priuie to the said feoffement D. S. lib. 2. cap. 17. A. graunteth a rent charge out of two acres of land vnto B. and then infeoffeth H. of the one acre in fee to his vse and after H. intending to extinguish the whole right causeth the same acre to be recouered against him by common recouerie in a writ of Entre sur disseisin in le Post in the name of the said grauntee not knowing thereof and of an other man who by force thereof entreth and dieth so that the grauntee is sole seised of all the same acre by suruiuor to thuse of the said H. The whole rent is hereby extinct by law through the vnitie of possession though the vse be to H. it is also extinct in conscience as to the grauntor because he is neither party nor priuie to that by which thextinguishment groweth But Quere whether in conscience the grauntee ought to haue the whole rent of H. who caused the said recouerie to be so had Do. S. Lib. 2. cap. 17. If a Villein graunted for life purchaseth lands in fee and the grauntee entreth before the villein alieneth the same the grauntee shall haue the land for euer as a perquisite by reason of the villein And this both by Law 5. E. 4. 61. and by conscience D. S. lib. 2. cap. 18. Perkins Sect ' 94. 95. 96. 97.
faciatÌ„ coram nobis in dictÌ„ Cancell ' nostrÌ„ in CrastinÌ„ animarum proximÌ„ futurÌ„ vbicunque tunc fuerit ad respondendum super hijs quae sibi obijcientur tunc ibidem Et ad faciend ' vlterius recipiend ' quod CurÌ„ nostrÌ„ considerauit in hac parte Et hoc nullatenus omittatÌ„ Damus enim vniuersis singulis Vicec ' Maioribus Balliuis Constabularijs alijs officiarijs Ministris legeis subditis nostris quibuscunque tam infra libertates quam extra tenore praesentium firmiter in mandatis quod vobis quilibet vrÌ„m in executionem praemissorum intendents sint assistentes in omnibus diligenter prout decet In cuius rei testimonium has literas nostras fieri fecimus patentes Teste c. A Supersedeas of the Commission of Rebellion REgina c. dilectis sibi A. B. armigero T. G. H. S. generosis salutem Sect. 28. licet nos nuper per literas nostras patentes vobis coniunctim diuisim mandamus qÄ‘ T. K. vbicunque inuentÌ„ foret infra regnum nostruÌ„ angliae tanquam rebellem legis nostrae contemptorem attachiatÌ„ vel attachiarÌ„ fac ' ita qd ' eum habetatis vel herÌ„i fac ' coram nobis in cancellarÌ„ nrÌ„a ad certum diem in eisdem literis patentibus contentÌ„ ad respondend ' nobis tam de quodam contemptu per praefatÌ„ T. K. illatÌ„ vt dicibatur quam de alijs sibi tunc ibidem obijciend ' prout in eisdeÌ„ literis plenius continetur Quibusdam tamen certis de causis nos iam speciailter mouentibus vobis cuilibet vrÌ„â—â—andamus qÄ‘ cuicunque executioni literaruÌ„ nrÌ„arum patenÌ„ praedict ' per vos seu aliquem vestrum fact ' vel faciend ' versus praedict ' T. K. supersedeatis omnino praedictis literis patenÌ„ in contrarium in aliqua non obstante Et si ipsum T. K. pretextu literarum patenÌ„ praedictarum ceperitis seu aliquis vestrum ceperit tunc ipsum a prisona qua siâ— detinctur siea occasione non alia detineatur in eadem sine dilatione deliberari faciatÌ„ Teste c. A supersedeas to the Chauncellor of the Countie Palantine of Lancaster REgina c. CancellarÌ„ ducatus sui Lanc ' vel eius deputatÌ„ ibidem Sect. 29. salutem Quia A. B. c. vob ' mandamus quod per brÌ„e nrÌ„m sub sigillo nrÌ„o comÌ„ ducatÌ„ Lanc ' custodib ' pacis nrÌ„ae in dicto comÌ„ LaÌ„c ' ac vic' eiusdem comÌ„ eorum cuilibet detis in mandatÌ„ c. A Supersede as to the Chamber lame of the countie Pallantine of Chester REgina c. Camarario suo CestrÌ„ vel eius locuÌ„ tenenti ibid ' salutem Sect. 30. Quia P. H. c. vob ' maÌ„damus qÄ‘ ê‘ brÌ„e nrÌ„m comÌ„ pÌ„d ' tam Iustic ' nrÌ„is apud CestrÌ„ quaÌ„ Iustic nrÌ„is ad pacem in comÌ„ CestrÌ„ conseruand ' assignatÌ„ ac vic' eiusdem comÌ„ eorum cuilibet detis in mandatis c. A Supersede as of an Attachment REgina c. vic' W. salutem licet nos nuper per brÌ„e nostruÌ„ tibi preceperimus Sect. 31. qÄ‘ Attachiares A. R. Ita qÄ‘ eum haberes coraÌ„ nobis in CancellarÌ„ nrÌ„a ad certum diem in dicto brÌ„i contentÌ„ vbicunque tunc foret ad respondend nobis tam de quodam contemptu per pÌ„fatÌ„ A. illatÌ„ vt dicebatur quam de alijs sibitunc ibidem obijciendum QuibusdaÌ„ tamen certis de causis nos iam mouentÌ„ tibi praecipimus quod execucioni brÌ„is nostri praed ' versus pÌ„fatÌ„ A. factÌ„ vel faciend ' supersedeas omnino Et si ipsum A. ea occasione ceperis tuncipsum a prisona qua sic detinetur si ea occione noÌ„ alia detineatur in eadem sine dilatione deliberari facias Teste c. Of an Iniâ—â—ction AND if the partie defendant cannot be â—aken by the vertue of the Sect. 32. said Commission then if the plaintifes suite be for title of land the Court some times graunts an Iâ—iunction to the plaintife for possession till the defendant and hath appeared answered and satisfied his contempt If for stay of suit at the common law then an Iniunction vpon motion of the Court may be obtained for the proceeding in this Punishment for the contenipt Court is by the said writs and by orders iniunctions decrees which if the defendant resist his punishmeÌ„t for this resistance and for his contempt in not appearing is imprisonment in the prison of the Fleete as is said during the Lord Chauncelor or L. Keeper their pleasure or vntill he wil obey and performe the order and decree of the same Court 37. H. 6. 13. and 14. 39. H. 6. 26. Of Apparance BUt if the defendant appeare by Atturney vpon Affidauit or oath Sect. 33. Affidauit of vnablenes to trauaile made that the defendant is not able to trauaile for the aunswering of the same cause personally in the Chauncery without daunger of life or by reason of extreame age or other infirmitie or reasonable cause then or otherwise the Chauncelor or Lord Keeper or the Master of the Rolles by their discretions may and often doe graunt Commissions to certain Gentlemen of credit in the Countrie where the defendant dwelleth to receiue and certifie his answere in writing including the complainants bill within the same Commission The forme of such Commission insueth Of a Dedimus potestatem or Commission to receiue an aunswere REgina c. Dilectis sibi W. S. A. B. armigeris salutem Cum I. Sect. 34. B. quandam petitionem coram nobis in CancellarÌ„ versus W. C. I. vxorem eius nuper exhibuit quodque eisdem W. I. per breue nostrum praeceperimus quod essent coram nobis in dicta CancellarÌ„ nostra ad certum diem iam praeteritum peticioni praedictÌ„ responsurÌ„ Ac ijdem W. I. adeo impotentes sui existant quod vsque curÌ„ Cancell ' nostram praedict ' ad diem illum ad responsiones suas eidem peticioni faciendas absque maximo corporum suorum periculo laborare non sufficiunt vt accepimus Nos statui eorundem W. I. pie compacientes atque de fidelitatibus vestris plenius confidentes dedimus vobis vel duobus vestrum potestatem aucthoritatem ipsos W. I. de super materia peticionis praedict ' diligenter examinand ' Et ideo vobis vel duobus vestrum mandamus quod ad certos diem locum quos ad hoc prouideritis ad praefatÌ„ W. I. accedatis si commode ad vos laborare non possint ac ipsos W. I. de super materia petic ' praedict ' super sacramentÌ„ sua coram vobis vel duobus vestrum corporaliter praestand ' diligenter examinetis dictasque suas responsiones recipiatis in scriptis redigatÌ„ cum illas sic receperitis eas nobis in CancellarÌ„ nostra praedicta cum tenore
of witnesses betweene the said parties I. L. of A. in the Countie of E. Laborer of the age of xlvi yeares or there abouts sworne and examined deposeth and saieth vpon his Oath as followeth Item to the first Interrogatorie he deposeth and sayth that c. As the matter is c. And so vpon the rest of the Interrogatories The direction of the Commission being executed Illustrissime dominae nostrae Elizabethae Reginae in CancellarÌ„ sua Of Publication Hearing and Breuiates and after that then this Certific ' dexpositionÌ„ testium ex parte A. B. C. D. AFter that the Witnesses be so examined in the Court or by commission Sect 20. as is aforesaid Publication is to be had and thereupon a day of hearing is to be procured Against which time Breuiats must de made of the effect of the pleadings depositions other proues euidence the counsel perfectly instructed of the whole state of the matter a Subpena to heare iudgement Subpena ad audiend ' Iudicium made and deliuered to the partie in conuenient time before the said day of hearing At which time albeit that vpon the hearing the matter be dismissed yet may the parties haue the depositions of their witnesses exemplified vnder the great seale of England Exemplification of the depositions for the furtherance and maintenance of their rights and titles at and by the common Law But if the matter be directed for the Compl after the decree past and enrolled he may haue a writ de Executione iudicij A writ de executione iudicij Contempt which must be serued vpon the defendant And if he refuse to satisfie the same then vpon oath made thereof processe or contempt is to issue against him in forme aforesaid And if such decree be in a suit for lands and the defendant abide all the said processe of contempt and stil deteine the possession of the lands from the plaintife contrary to the said decree then vpon mocion thereof made in the Court a commission is vsually Comission to put the plaintiâ— in possession graunted to the Shirife and some others neere adioyning to the landes in question to put the plaintife in possession and to keepe him in possession according to the said decree A Commission to the sherife to put and keepe the plaintife in possession according to an order there in taken vntilla cause then depending in suit be heard and determined REgina c. vic' Kanc ' salutem Cum per ordinationem captÌ„ in Cancell ' Sect ' 46. nostra 3. die Iulij vltimo preterito intÌ„ W. A. querenÌ„ W. Y. alijs defendentÌ„ ordinatÌ„ fuit quod praed ' W. A. assignatÌ„ sui pacifice quiete iaberent gauderent occuparent vnum messuagium siue tenementÌ„ cum ê‘tinÌ„ IacenÌ„ existenÌ„ in E. R. in comÌ„ praedict ' inter partes praed ' in Cancell ' praed ' in controuersia pendentÌ„ indecisa absque vexatione molestatione siue interruptione praedict ' W. Y. siue aliquarum personarum sub titulo interesse IurÌ„ vel procuratione suis donec materiâ— inter partes praed ' in curia nostra praed ' finaliter determinetur Et quia iam ex testimonio fidedignorum accepimus quod diuerse aliegine ignote inhabitanÌ„ extra comitÌ„ Kanc ' per procurationem praedictoâ— defendentÌ„ vt asseritur possessionem messuag ' tenÌ„tÌ„ praedict ' cum pertinÌ„ vi armis ac manufortitenen tin defraudationÌ„ contemptum ordinis praedict ' ac ipsum W. A. assignatÌ„ suos extra possessionem messuag ' tenÌ„ praedict ' custodiunt contra formam effectum ordinis praedict ' tibi igitur precipimus quod immediate post receptionem huius breuis assumptis tecum sufficientÌ„ potestatem comitatÌ„ nostrae Kanc ' praedict ' in propria persona tua ad messuagium siuetenÌ„tum praedictum accedas attachiari arrestarifacias quascuÌ„que ê‘sonas ibidem inueneris possess messuag ' tenÌ„tÌ„ siue terrÌ„ praedict ' siue alicuius parcell ' tenentes eos eorum quemlibet de die in diem ducifacias vsque prisonam nostram de Fleete gardino nostro ibid ' liberanduÌ„ ibidem moratur quousque de eorum deliberationÌ„ aliter duximus ordinandum Ac vlterius tibi precipimus firmiter iniungendo quod inde praed ' W. A. assignatÌ„ suos in pacifica quieta possessionÌ„ eiusdeÌ„ de tempore in tempus manuteneas donecaliter inde a nobis habueris specialiter in mandatis Et quid inde feceris sciri facias CancellarÌ„ nostro Teste c. A Cerciorare to Commissioners to certifie the depositions taken by Commission REgina c. dilectis sibi A. B. C. D. genÌ„ salutem Volentes certis Sect ' 47. de causis Cerciorari super quasdam depositiones testium in t ' H. G. querentÌ„ C. D. defend ' per vos tres vel duos vrÌ„um virtute breuis nostri de Commissione vobis in ea parte directÌ„ capt ' adhuc penes vos residenÌ„ vt est dictum vobis mandamus quod depositiones praed ' cum omnibus eas taÌ„genÌ„ adeo plene integre prout coram vobis captÌ„ fuerÌ„ nobis in Cancell ' nostram in quindena Paschae prox ' futurÌ„ vbicunque tuÌ„c sub sigillis vestris trium vel duorum vestruÌ„ distincte aperte mittatis hoc breue Teste c. Of a Commission to examine witnesses in perpetual memory FIrst the plaintife must exhibite his bill and thereby shew his title to Sect ' 48. the land lease or such like matter that he hath right vnto And that the witnesses which can prooue his title are aged and not like long to liue whereby he may be in daunger of the losse of the thing in question And therefore to pray to haue a Commission directed to certeine Gentlemen of credite and worship for the examination of the said witnesses And also to pray proces of Subpena against him her or them to shew cause if he or they can why the plaintife should not examine his witnesses as aforesaid The forme of which Processe ensueth in haec verba Elizabeth dei gratia Angliae Franciae HibernÌ„ Regina fidei defensorÌ„ c. I. S. salutem Cum A. B. exhibuit coram nobis in Cancellaria nostra quandam petitionem vt quidam testes in perpetuam rei memoriam versus te examinarentÌ„ ne id tibi in preiudicium cederet Tibi praecipimus firmiter iniun gentes quod omnibê° alijs praetermissis excusatione qua cunque cessante in propria persona tua vel per tuum AtturnatuÌ„ aut deputatum sis coram nobis in dicta Cancellaria nostra infâ— quatuordecim dies immediate post receptionem huius breuissi tibi ita visum fuerit vt dicti testes aut alij quicunque ex parte tua ibidem similitÌ„ examinarÌ„ possint si ita velis vel vt ostendas proponas vel ostendi
ad quoddam vastum vocat̄ Blackdowne super M. in com̄ S. in articulis praedict ' specificat̄ personaliter accedatis vastum que illud superuideatis ac tam per depositiones testium quam alijs vijs modis medijs quibus melius sciueritis aut poteritis diligenter inquirat̄ quantum inde ad manerium de H. quantum inde ad manerium de W. in Comit̄ praedict ' pertinere debeat superinde limites bundas metas diuisas inter vnum alterum quantum ad vnum quantum ad alium maneriorum praedictorum pertinere vobis constare poterit poni faciat̄ limites examinationesque testium predictorum recipiatis in scriptis redigatis omnesque alias depositiones testium ante hac examinat̄ minumenta scripta recorda transcripta territoria chartas ac alias euidentias quascunque per partes in articulis praedict ' specificat̄ coram vobis exhibend ' acceptetis inspiciatis Et super hoc materiam in articulis praedictis specificat̄ iuxta sanas discretiones vestras finaliter si poteritis determinet̄ Sin autem nos in Cancellar̄ nostra de omni eo quod inde feceritis in quindena Sancti Michaelis prox ' futur̄ vbicunque tuncfuerit sub sigillis vestris distincte aperte reddatis certiores remittentes nobis articulos praedictos vna cum praesentibus Teste c. A Commission directed to the Lord deputie of Ireland and the Lord Chauncelour with others for the hearing and determining of a Title of Lande ELizabeth by the grace of God c. To our trustie and right well beloued Sect ' 61. Sir H. S. Knight of the order c. Lord Deputie of our Realme of Ireland H. C. Archbishop of D. our L. Chauncelour there Sir I. P. knight chiefe Iustice of the Pleas there I. B. Esq chiefe Barou of our Eschequer there F. A. Esquire one of our priuie Counsell there I. D. Esquire second Iustice of our chiefe Bench there R. F. Esquire our Serieant at the Law there and L. D. Esquire our Solicitor there Know ye that for certeine considerations vs thereunto mouing and of our meere motion and for the great confidence and trust we haue in your fidelities circumspections prouidences and wisedomes we haue deputed ordeined aucthorized appointed constituted giuen graunted and by these presents do depute ordeine aucthorize constitute appoint giue and graunt vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be alwaies one full power iurisdiction and aucthoritie to hold plea heare determine discusse decree and finally to iudge of all and singuler actions debates strifes quarrels rights titles and demaunds whatsoeuer they be aswell reall as personall which by plaint supplication or bill to be exhibited or otherwise by any maner of meanes else shall or may appeare or come before you or any viii vii vi v. iiii or iii. of you of which we will that c. be alwaies one of for and concerning the interest right title demaund and possession of two parts or moities of all those landes c. with the appurtenances in the Countie of D. within the said Realme of Ireland to be by O. D. late of c. I. D. widow F. D. M. D. D. D. gentl ' and sonnes to R. D. late deceased and R. D. Nephew to the said F. M. and D. or by any of them seuerally or iointly or any two iii. iiii v. or vi of them against C. S. alias H. Lord of H. within our said Realme of Ireland and all and euery other person or persons which shall claime from by or in the right of the said Lord or in his or their owne right or rights or by any meanes else whatsoeuer it be which he or they claime to haue to the said moities of the two parts of the said lands c. with the appurtenances aforesaid geuing and graunting and by these our Letters patents we do giue and graunt vnto you or to any viii vii vi v. iiii or iii. of you of which number we will that c. be alwaies one full power iurisdiction and aucthoritie to call before you or any viii vii vi v. iiii or iii. of you of which we will that c. be alwaies one at such times and places according to your good discretions which vnto you or any viii vii vi v. iiii or iii. of you of which we will c. be alwaies one and to cause the said Lord H. or any which claimeth in his or their owne right or rights or by any waies or meanes els whatsoeuer any interest right title or possession in the two parts or moities of the said lands c. with their appurtenances aforesayd or any parcell thereof to answere reioine and ioine issue or otherwise pleade as the cause matter shall require and vpon any plaint supplication action or suit whatsoeuer which shall be exhibited or come before you by the aforesaid D. D. P. P. I. D. F. D. M. D. and R. or by any of thē iointly or seuerally or any ii iii. iiii v. or vi of them of and concerning the said two parts or moities of the sayd lands c. with their appurtenances aforesaid Giuing and graunting and by these presents we do giue and grant vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be alwaies one full power iurisdiction and aucthoritie according to your wisedomes discretions and prouidences to call before you all maner of witnesses and to examine all charters euidences muniments writings euery other thing els which may be a meane to proue fortifie disclose or make euident the interest right titles demand or possession of any of the aforenamed parties to the said two parts or moities of the said lands c. with their appurtenances aforesaid and vpon the same throughly and with mature deliberation and iudgement considered and waighed we do giue and grant vnto you or any viii vii vi v. iiii or iii. of you of which number we will that c. be alwaies one full power iurisdiction and aucthoritie to proceede to the full order decree definition sentence and finall iudgement according to your discretions of the interest right title demand and possession of the said two parts or moities of the said lands c. with their appurtenances aforesaid and to decree the possession of the premisses to him or them to whom of right it ought to appertain and his or their said possessions to maintaine And if any of the parties afore named or any other person or persons which shall haue to do in the same matter or cause do wilfully or obstinately withstand or disobey any processe order decree sentence or iudgement which shall he directed or giuen in the premisses by you or any viii vii vi v. iiii or iii. of you of which number we will that c. vt supra be alwaies one Then we
will and commaund you and by vertue of these our Letters patents giue full power warrant and aucthoritie vnto you or to any viii vii vi v. iiii or iii. of you of which number we will that you c. be alwaies one to commit him or them to prison there to remaine till his her or their conformities shall be therein had willing commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be alwaies one that at such times places as to your discretions or to the discretion of any viii vii vi v. iiii or iii. of you of which number c. be alwaies one shall seeme fit and conuenient diligently to attend applie and with speede put in execution the effect of this our Commission so as the complainants before named or any of them which shall haue to do therein may not haue iust cause to make further complaint for delay or want of Iustice willing and commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be one to admit no dilatorie exception to any supplication or supplications bill or bils of complaint exhibited or to be exhibited before you or any viii vii vi v. iiii or iii. of you of which number we will that c. he alwaies one or otherwise to the ouerthrowing of this our Commission But according to our meaning herein to proceed and to go to the full hearing ordering decreeing iudging and determining of the right title and demaund of the parties aforesaid of for and concerning the premisses and euery part and parcell thereof and accordingly to decree and iudge as to equitie and right shall appertaine any act statute law prouision or ordinance to the contrarie thereof notwithstanding And therefore fayle you not as you tender our fauor for if our sayd Subiects O. D. P. P. I. F. M. D. and R. D. should be put from such triall of their right to the premisses as by this our Commission we haue prouided for them Their disabilitie and want of riches wealth friendship and alyance considered and of the other part the said Lord of H. their aduersarie being throughly furnished of all those things and withall being a Lord by byrth and of great calling and aucthoritie and inhabiting within the said Countie where the said lands c. do lye our said subiect should be in perill and danger to be without remedie at our common Lawes there which were no small mischiefe to them The premisses considered we haue graunted this our Commission according to the tenor aforesaid And further we will and commaund you and by vertue hereof giue full power and aucthoritie vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be one that after the right interest title and demaund decreed adiudged and determined as is aforesaid that you haue consideration vnto the hinderance losses and damages which the Complaynants or any of them as is aforesaid haue had and susteyned by reason of the wrongfull deteyning of the possession of the premisses and the said damages by you as is aforesaid taxed and extracted thereof to cause a full execution and satisfaction to be had and made vnto the said complainants and euery of them as is aforesaid And for the better putting in execution of this our Commission we will and commaund the Shirife of that our said County of D. and all other our Officers for the time being to whom in this case it shall apperteine that they and euery of them be attendant vpon you or any viii vii vi v. iiii or iii. of you of which we will that c. be one for thexecuting fulfilling and doing of all and euery act acts thing or things as shall be by you or any viii vii vi v. iiii or iii. of you of which be alwaies one commaunded limited or appointed In witnesse whereof c. Hauing hitherto in some sort shewed the writs of Commissions and course of proceeding in Chancerie suits It seemeth needefull now to expresse what Bills of complaint Answeres Replications Reioinders and Surreioinders be with diuers formes thereof according to the causes of suit ¶ What a Bill of Complaint is A Bill of Complaint is a declaration in writing shewing the Sect. 62. plaintifes griefe and the wrong which he supposeth to be done vnto him by the defendant and what damages he 〈◊〉 by 〈◊〉 sion thereof praying processe against him for â—edresse of the same as may appeare by many examples hereafter following whereupon Hostiensis hath these verses Quis quid coram quo quo iure petatur a quo Recte compositus quisque libellus habet And first the matter of euery bill ought to be true Secondarily the same matter ought to be layd downe therein plainely and certeinly in euery circumstance of the thing person time place maner of doing other accidents And thirdly the same ought to be sufficient in Law both for the forme thereof and for the matter that it be such as is examinable in this Court which being otherwise may be dismissed thence THe direction of all Bills in the Chancerie must be at the toppe Sect ' 63. thereof And when there is neither Lord Chancelor nor Lord Keeper it is thus To the Queenes most excellent Maiestie in her highnesse Court of Chancerie In most humble maner complayning sheweth vnto your most excellent Maiestie your most humble and obedient subiect H. C. c. And when there is a Lord Keeper as at this time thus To the Right honorable Sir Iohn Puckering Knight Lord Keeper of the great Seale of England And when there is a Lord Chancelor then thus To the Right honorable Sir C. H. knight Lord Chancelor of England Their other titles of honor may be also added in the said direction but they are not much necessarie What an Aunswere is AN aunswere is that which the defendant pleadeth or sayth in Sect ' 64. barre to auoid the plaintifes bill or action either by confession and auoiding or by denying and trauersing the material parts thereof And the title of such aunswere is thus The Aunswere of A. B. defendant to the Bill of complaint of C. D. complainant But if there be many defendants then thus The ioint and seuerall aunsweres of A. B. and C. D. defendants to the bill of complaint of E. F. complainant An aunswere is called in Latin Exceptio quae dicta est quasi quaedam exclusio quae interponi actioni cuiuscunque rei solet ad excludendum id quod in intentionem condemnationem iure deductum est Vlpianus What a Replication is A Replication is the plaintifes speech or answere to the defendants Sect. 65. answere which must affirme and pursue his bill and confesse and auoide denie or trauerse the defendants aunswere And note that the plaintife ought to replie the next Terme after that the defendant hath aunswered else may
and truely contented and paid and by Indenture of lease the certeine date whereof your said orator knoweth not for that he hath not the said Indenture did demise grant set and to farme let the same vnto the said N. and his assignes for and during the full ende and terme of two yeeres then next following By force whereof your said orator was thereof lawfully possessed vntill about the xvii yere of the raigne of the Queenes Maiestie that now is R. B. W. G. N. T. R. W. W. F. W. E. K. his wife by casuall meanes hauing obteyned and gotten into their hands or into the hands of some of them the said Indentures confederating themselues together of purpose to wrong your said orator to expell put him from his lawfull quiet possession of the premisses or the greatest part thereof entred into one parcell of the premisses called B. fields being then sowed with Dates by your said Orator and at the same time put in one Cow and Heyfer very maliciously to depasture and eate the graine corne of your said Orator therein then growing which said Cow Heyfer was and remained there depasturing eating and treading downe the said graine and corâ—e vntill your said Orator came and distraiued the said Cowe and Heyfer for dammage there doing and impounded the said Cow and Heyfer in a pound â—uert at H. aforesaid as lawfull was for him to do shortly after which impounding of the said Cow and heifer that is to say vpon the twelfe day of Sept. the said R. W. W. F. W. E. and K. his wife repaired vnto the dwelling house of your said Orator at H. aforesaid and then and there required your said Orator to deliuer the said Cow and Heyfer forth of the said pound affirming that they were sent thither to that intent and purpose by the said R. B. W. G. and N. T. which to do your said Orator refused as lawfull was for him to doe because the said W. F. E. and K. his wife nor any of them did then and there tender vnto your said Orator any amends or satisfaction for or towards the said trespasse But so it is if it may please your good Lordship that about a leuen or twelue of the clocke in the night of the said twelfe day of Sept. the said Cow and Heyfer was conueyed foorth of the said Pound the dore or gate of the said pound being fast locked by the said R. B. W. G. N. T. R. W. W. F. W. E. and K. his wife or some of them as your said Orator verily thinketh and is perswaded in conscience sithence which time the said B. G. and T. haue most falsely and vnconscionably charged and still charge your said Orator for the esâ—oyning and conueying away of the said Cow and Heyfer and haue thereupon not onely commenced suit against your said Orator at the common Lawe but also by colour of hauing the said Iudenture haue made and contriued vnto themselues or some of them or to some other persons to their or some of their vses sundry secret estates of the premisses and do yet most wrongfully deteine and withholde the possession of a great part of the premisses from your said Orator to his great hurt and impouerishment And for as much as your said Orator hath not any ordinarie remedie by the due course of the common lawes of this realme for the recouery of the said Indenture for that he knoweth not the certaine date or contents thereof nor wherein the same is conteined And so there by not only very like to lâ—se his lawfull and rightfull possession of in and to the premisses but also standeth in great daunger to lose great dammages for the supposed essoyning of the saide Come and Heyfer vnlesse it please God as your sayd Orator hopeth it will to moue the hearts of the said â— G. E. W. F. â— and K. his wife vpon their answeres and othes in this honorable court to discouer and disclose the trueth of their euill dealing and disorder in breaking of the said pound and taking foorth if the said Cowe and Heyfer conueying them â—o vnknowen places of purpose to charge your sayd Orator therewith And forasmuch as they haue denied and refused and yet do refuse and denie either to permit or suffer your said Orator quietly to haue and take the issues and proâ—â—tes of the said premisses or to deliuer vnto him the said Indenture of lease although he hath oftentimes most gently and friendly required and desired them so to do It may therefore please your good Lordship c. As before is said in Sectio 61. The Answere of the same Bill THE said defendants say and either of them for himselfe seuerally Sect. 73. sayeth that the said bill of complaint is very vncertaine vntrue and insufficient in the Lawe to be aunswered vnto by these defendants or any of them for diuers apparant faults and imperfections therein contained and the same very friuelous as these defendants thinke for sundry causes and namely for that that it is thereby supposed that they and others by reason of hauing the custody of the said supposed indenture or lease pretended to be made by the said T. E. in the said bill named to the said complainant of the said Demesne lands of the Highlow aforesaid for two yeares now ended if any such were haue made or contriued vnto themselues or to some other persons and to their vses sundry secret estates of the premisses where if any such estates had bin made they be already determined And the said def further say that as they verily thinke by the scope of the said bill containing in it selfe much like matter set out with many words and in effect no matter worthy to be examined in this honourable Court the same bill is deuised and exhibited into this honourable Court of meere malice and euil will to the intent to molest and trouble these defendants and others in the same bill named being quiet poore men dwelling almost seauenscore miles from the citie of W. with long and tedious iournies to make their personall apparance in this honorable Court to answere the said friuolous and vntrue bill without any good or iust cause so to do Thaduantage of exception to the manifest incerteintie and insufficiencie of which vntrue bill of complaint to these defendants and eyther of them saued for answere thereunto they and either of them for himselfe seuerally sayeth that they thinke it to be true that the said T. E. of H. in the said bill named was lawfully seised in his demesâ—e as of â—ee or fee taile of and in diuers lands â—enements and hereditâ—ments with thappurtenances set lying and being in H. aforesaid and that he being thereof so seised about two yeares now last past did demise graunt set and to farme let the same vnto the complainant for two yeares as it is in the said bil alleaged without that that these defendants of purpose to expell the said
said E. did so long liue yeelding and paying therefore yearely during the said terme of 21. yeeres vnto your said Orator his executors administrators and assignes twenty shillings of lawfull English money at the feastes of Pentecost and Saint Martin the Bishop in Winter by euen portions as by the same Indenture more at large appeareth by vertue and pretence of which demise the said I. T. and A. L. into all the said tenements and premisses with the appurtenances about the same time entred and were thereof possessed and euer since their entrie haue quietly and peaceably occupied and enioyed the said demised tenements and premisses and the rents issues and profits thereof arising and comming haue quietly and peaceably taken and conuerted to their owne only vse which rents issues and profits of the premisses euer since the making of the said leases which is by the space of ten yeeres now last past haue bin yearely woorth four pounds at the least ouer and aboue all charges and reprises And in truth at the time of the making of the same lease it was fully concluded and agreed by and betweene your said Orator the said I. T. and the said A. L. and the said I. T. and A. L. in consideration of the making of the said lease to them by your said Orator in maner and forme aforesaid and for the causes aforesaid promised that the said lease and their said estate thereby made should be surrendred and yeelded vp vnto your said Orator when eyther the said suits were ended betweene the said R. and them or either of them or when they by vertue of the said lease had enioyed the same demised tenements and premisses by the space of one whole yeare for then the same lease was so as is aforesaid made onely for the defence and trial of the said estate right and title of the said I. T. and A. L. of and in the same tenements and premisses and not to thintent that they or either of them should by reason of the same Indenture according to the purport and tenor thereof for the terme of one and twentie yeares haue and enioy the same for so small a rent which neuerthelesse they haue done and yet do so occupie and enioy the same contrarie to their said faithfull promise agreement as is aforesaid thereof made and yet not contenting themselues with the said occupation of the said tenements c. do not onely denie and refuse to yeeld vnto your said Orator either the said yearely rent reserued vpon the said lease or any other consideration for the occupying of the same and vtterly denie to yeeld vnto your said Orator any rent or consideration for the same being so as aforesaid behinde by the space of ten yeares but also do vtterly denie to yeeld vp vnto your said Orator their said estate and terme of yeares yet to come of and in the said demised tenements and premisses according to their faithfull promises and agreement so as is aforesaid made and further since their said entrie into the said tenements and premisses they the said I. T. and A. L. or the one of them haue razed or defaced all or part of the houses edifices and buildings which at the time of the making of the same lease were standing and being vpon the said demised tenements and premisses and the thacke sâ—ate timber and stone thereof haue either giuen away or conuerted the same to their owne vses without the consent of your said Orator to the intent that the same tenements might so be made vnmeete for the habitation of your said Orator and his said wife whereby they might the rather enforce your said Orator for want of the said buildings to yeeld the same vnto them for little or nothing by reason of the want of the said Indenture there being only one part thereof made together which with such copies as concerne the said copyhold lands are in the hands and possession of the said I. T. and A. L. or of one of them or of some other persons by the deliuery of them or of the one of them the certaine number dates contents and other certainties whereof your said Orator knoweth not and albeit that your said Orator hath diuers times in gentle maner required them the said I. T. and A. L. to deliuer vnto your said Orator the said Indenture and copies and to yeeld vp and surrender vnto your said Orator the said interest of and in the said demised tenements and premisses according to the said agreement and trust yet they so to do haue euer hetherto refused and denied and yet do denie and refuse to do the same and to yeeld vp and surrender the said estate of and in the said premisses according to the trust in them reposed and to repaire and reedifie the said tenements and premisses so by them razed and pulled downe as is aforesaid against all right equity and good conscience and against all good and honest dealing and to the impouerishing and vtter vndoing of your said Orator and his said wife if speedy remedy be not in due time by your Honorable Lordship prouided for the repressing of their said vnconscionable purposes and attempts in the premisses In tender consideration whereof and for so much as the said Indenture conclusion promises and agreements so is aforesaid had and made by and betweene your said Orator the said I. T. and A. L. concerning the premisses were secretly made and agreed vpon by and betweene themselues and few mitnesses being priuy therunto or present with them at the time of the making thereof which might testifie the same and those witnesses such as they were be now either dead or vnto your said Orator vtterly vnknowen being at the same time meere strangers vnto your said Orator then brought thither by them the said I. T. and A. L. as it seemed of set purpose to circumuent deceiue your said Orator and his wife in the premises your said Orator then referring especiall trust and confidence to the said I. T. and A. L. as persons whom he tooke and accompted to haue bin his very especiall goods friends and also very substantiall honest men is vtterly without all remedy by the strict course of the coÌ„mon lawes of this realme of England to recouer either the possession of the same tenemeÌ„ts and premisses of the said rents they hauing his said Indenture of lease as is aforesaid or to recouer the said copies It may therfore please your honorable Lordship the premisses gratiously considered to grant vnto your said Orator the Q. Maiesties most gratious writ of Subpena out of her highnesse court of Chancery to be directed to the said I. T. and A. L. and either of them therby commaunding them and either of them at a certaine day and vnder a certaine paine therein to be limitted to be and personally to appeare before your honorable Lordship in the saide court of C. Then and there to answere vnto the premisses and to
him your said Orator And for because your said Orator hath not any specialtie or witnesse to proue the deliuery of the saide xx pound he is therefore thereof without remedie by order and course of the common lawes of this Realme and is vtterly like to loose the said summe contrarie to all equitie good conscience and true dealing vnlesse your honorable Lo. fauor and lawfull aide be herein shewed In tender consideration whereof may it please your honorable Lo. the premisses considered c. The Answere of the said Bill THe said defendant saith that the said Bill of complaint is very vntrue Sect ' 84. and insufficient in the law to be answered vnto for diuers apparant matters therein conteined and that the same is deuised by the said complainant and exhibited into this honorable court of meere malice and euill wil to thintent to put this defendant to great charges and expences without any good matter or iust cause or colour of cause so to doe And that if the said supposed matter were true as indeede it is not yet were the same determinable at and by the common lawes of this Realme and not in this honorable crurt whereunto this defendant prayeth to be dismissed with his reasonable costes and charges in this behalfe wrongfully sustained without that that the said complainant by way of prest at the feast of Penticost in the saide three and twentith yeare of the Queenes Maiesties Raigne or at any other time did deliuer vnto this defendant the said summe of twentie pounds to be paid vnto him at or before the said feast of S. Bart. the Apostle as in the said Bill is supposed And without that that the said complainant manie and sundrie times required payment of the said twenty pound as in the saide Bill is likewise vntruely supposed And without that that any other matter thing or things clause sentence article or allegation in the said bill contained materiall or effectuall in the law to be answered vnto and not herein in this his answere sufficiently confessed and auoided denied or trauersed is true All which matters c. A Bill of deteining bonds and bils paid praying an Iniunction to stay suite thereupon To the Right Honorable Sir C. H. Knight of the noble order of the garter and Lord Chaunctllor of England HVmbly sheweth vnto your good Lo. F. L. of S. in Ie dale in the Sect ' 85. Countie of D. Esquier That whereas your said supplyant did long sithence in his fathers life time at diuers seuerall times the certainty whereof your Lordships said Orator doth not now remember vpon some occasion that he then had to vse more money then he had then in store did borrow and take to Ioane of one R. S. of S. in the said Countie of D. yeoman diuers summes of money vpon receipt whereof your Lordships said suppliant did alwaies deliuer vnto the said R. S. either sufficient Obligations of double the summe borrowed or else his the said F. L. your Lo. said suppliants single bill obligatorie for repaiment of all such summes of money as he then borrowed at such times as were then agreed vpon betweene them And amongst the rest your Lo. said Orator did about twentie yeares since as he now remembreth borrow of the said R. S. the summe of xx l for the repaiment wherof at a certaine day therefore then agreed vpon betweene them your Lo. said suppliant did then deliuer vnto the said R. S. his bill obligatorie for his sufficient assurance thereof the which said xx l like as also al the other sums of money so borrowed by your L. said suppliant as is aforesaid he the said F. L. your L. said suppliant hath most certainly now long sithence repaied vnto the said R. S. at such time as hethe said R. was wel therewith cōtented as wel in ful discharge of the said bill obligatorie of xx l as of all the other bonds and writings so entred by your Lo. said suppliant as is aforesaid And in respect that he the said R. S. had not the said bill obligatorie for the said xx l readie to be cancelled and redeliuered at the saide repayment of the saide xx pound he the said R. S. did then verie faithfully promise vnto him that made the saide repayment that he the saide R. S. woulde assuredly cancell the said bill obligatorie whensoeuer the same should next come into his handes But so it is if it may please your good L. that the saide R. S. hath lately put the said Bill for the saide xx pound in suite as your Lordshippes saide suppliant is credibly informed meaning to be double paid for the said xx pound in the said bill mentioned against all equity and good conscience In consideration wherof and for asmuch as your Lordships said Orator hath no remedie at the common law either to recouer the said bill obligatory for the said summe of xx pound from the said R. S. or otherwise to pleade in discharge thereof And forasmuch as the said R. S. hath diuers other the said obligations and writings yet remaining in his hands which are likewise satisfied and which he hath promised to deliuer ynto your L. said suppliant at diuers times now long sithence passed the which to do he hath hitherto not fulfilled and in verie good sort by your Lordships said Orator and his seruants oftentimes required for like recouery or discharge whereof your Lordships said suppliant standeth likewise destitute by the strict course of the common lawes It may therefore please your good L. to award aswell the Queene Maiesties most gratious writ of Iniunction to be directed vnto the said R. S. and all and euery of his Counsellers Attorneis Sollicitors and Factors comcommaunding them and euerie of them thereby at a certaine day and vnder a certaine paine therein to be set downe by your good Lordship no further to proceede in the suite vpon the saide xx pound bill vntill your Lordshippe shall haue taken further direction therein as also the Queenes Maiesties writ of Subpena to be directed to the said R. S. commaunding him thereby c. A Bill to examine witnesses in perpetuam rei memoriam touching a lease made in trust by the plaintife to the defendants To the right honorable Sir C. H. Knight Lord Chancellor of England IN most humble wise complaining sheweth vnto your honorable Sect ' 86. Lordship your suppliant and daily Orotor T. B. of B. in the countie of Y. Esquier That whereas your said Orator about sixe yeares now last past was and yet is lawfully seised in his demesne as of fee of and vpon one mesuage or tenement called B. and of diuers landes and grounds thereunto belonging or with the same commonly vsed or occupied lying and being within the Lordship of M. in the county of Y. and he being therof so seised vpon special trust and confidence which he then reposed in one W. G. of B. in the countie of Y. and M. his wife by his
' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâ—ers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌ„plaint is very truly alleaged And also with that that the said complainaÌ„ts wife did with violeÌ„ce break open some part of the said coÌ„plainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌ„plainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌ„plaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌ„plainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of
his body lawfully begotten And he the said C. so being therof seised of such an estate died seised without any issue male of his bodie By after whose death all and singuler the said premisses with their appurtenances did discend and come vnto your said Orator as brother next heire male of the said T. G. But now so it is if it may please your good L. that aswel the said deed of intail al other the deeds euidences escripts writings muniments manifesting for feiting defending prouing the estate right interest title of your said orator of in to the said premisses are by some casuall or sinister meanes comen into the hands custody or possession of one R. W. E. his wife T. C. A. his wife I. D. I. W. or some of them who by colour thereof haue entred into the said premisses receiued perceiued taken the issues profits commodities thereof conuerted the same to their owne proper vses behoofes without yeelding any consideration or recompence to your said orator for the same And yet not so coÌ„tented but they the said R. E. T. A. I. I. by colour of hauing the said deeds euideÌ„ces escripts writings myniments haue not only made great streppe wast of the premisses but also contriued made to themselues to other persons vnknowen to your said orator diuers sundry secret estates conueiances of the premisses to the plaine disinherison of your said orator contrary to all right equity good conscience And although your said Orator hath diuers sundry times by himselfe his friends requested the said R. W. E. his wife T. C. A. his wife I. D. I. W. and euery of them to yeeld vp the quiet possession of the premisses to deliuer vnto your said Orator the said deeds euidences escripts writings muniments yet they euery of them so to do haue vtterly refused denied and still do denie and refuse contrary to all right equity good conscience In tender consideration whereof and for asmuch as your said Oratr knoweth not the contents nor certaine dates of the said deeds euidences escripts writings and myniments nor weather they be contained in bagge or boxe sealed in chest or cubbord locked And therefore is at and by the strict course of the common law of this Realme remedilesse for the recouery of the same May it therefore c. A Bill for deteining of an Indenture of lease for yeares HVmbly complaining sheweth vnto your honorable L. your daily Sect. 98. Orator I. B. of N. in the parish of A. in the Countie of Y. Esquier And T. B. sonne and heire apparant of the said I. That whereas your said Orator the second day of Iuly in the eight yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is did demise and to ferme let vnto one R. M. of B. in the said Countie yeâ—man all his moitie or one halfe of his messuage or tenement called D. with all the lands meadows closes pastures commons vnto the same belonging or in any wise appertayning from the feast of Saint M. the Bishop last past before the date abouesaid vnto the full end and terme of 18. yeares then next ensuing fully to be complete ended By vertue of which demise aforesaid R. M. into the mesuage or tenemeÌ„t aforesaid did enter as was lawful for him to do And now sitheÌ„ce the making of the lease aforesaid the said R. M. did often repaire come to the house of the said I. B. by that meanes in short time became very familiar with the said I. insomuch that he the said I. being aged by reason therof also lieth bedriden hath done for the space of many yeares And finding the said M. to be very diligent and carefull about him the said I. for the recouery of his health did so affect the said M. as yâ— he did wholly commit the custody keeping of all his euidences leases bonds bils amongst which the counterpaine of the said M. his lease was And vnlesse the said M. together with some of your said Orators seruants haue secretly conuaied taken it away as your said Orator doth vehemently suspect in that he wanteth the same lease by reason whereof he neither knoweth what conditions are contained in the same neither what penaltie if the rent be behind or whether there be any distresse for not paiment of the rent or else whether the lease be vtterly void if the rent be not paid at a day certaine what other couenants it containeth for prohibiting of wast to be done as also for the repairing of the messuage or tenement aforesaid with needfull reparations with diuers other couenaÌ„ts to many good purposes specified in the same lease Add for that also yâ— the said couÌ„terpain is by some such indirect means as before is aleaged come vnto the hands of the said M. as also for that your orator through want thereof by the strict course of the common lawes of this land cannot duely punish the breach of all or any the couenants therein expressed which on the said M. his part ought to haue beene performed and kept for want of the said counterpaine May it therefore please your good Lordship c. A Bill for money for bording with one whose Executor the Plaintife is HVmbly complaining sheweth vnto your honorable Lordship your Sect ' 99. daily Orator D. C. of B. in the Countie of D. yeoman executor of the last Will and Testament of D. C. his father That whereas about the first day of Iune which was in the 18. yeare of the raigne of our most gratious soueraigne Lady the Queenes most excellent Maiestie that now is one W. S. of M. in the said Countie yeoman at B. aforesaid did put himselfe and A. then his wife to borde with the saide D. C. the Testator and there to remaine so long with the said Tesator as it should please both the said parties and the said W. S. in consideration there of there faithfully agreed to pay and satisfie for the same vnto the said D. C. the Testator or his executors during such time as he and his said wife should remaine at borde with the said Testator so much lawfull English money as the said bording should be reasonably worth and at such time as he should be thereunto required By vertue of which putting to borde agreement and faithfull promise the saide W. and A. his wife were at borde with the said Testator by the space of three whole yeares or thereabouts during all which time the said Testator at his owne costes and charges did finde vnto the said W. and A. conuenient and necessacie meate drinke and lodging and at sundrie times Hay and Grasse for the Horses of the said W. which bording Hay and Grasse by the said space of three yeares aforesaid was reasonably worth fortie pounds at least Yet the said W.
as your said Orator giuing faith and credite to the said promise assumption of the said H. C. did take their said promise and assumption of them without calling anie witnesse to them to heare the same so that your said Orator for want of such witnesses hath no remedie by the common lawes of thsi Realme nor otherwise to make them performe the same promise and assumption vnlesse the said H. C. and R. C. doe confesse the same in their answere in this Honorable Court as your saide Orator verely thinketh they will May it c. A Bill for entitling himselfe to the soyle of a common and for selling of woods therein growing IN most humble wise complaining sheweth and complaineth to your Sect. 105. Honor your daily Orator R. G. Clerke Prebendarie of the Prebend commonly called the Prebend of the Ouerhall in Norwell in the Collegiate Church of Southwell in the Countie of Nott̄ That wheras your said Orator was and is seised in his demesne as of fee in the right of the said Prebend of and in one Manor in Norwell in the said Countie whereof certaine wooddy grounds and springes being most commonly open and the herbage thereof taken and vsed as common by the tenants and other inhabitants of the same Manor and Towne of N. aforesaid is parcel And the tenants and inhabitants of the same Manor and Towne of N. aforesaid as tenants of the same Manor And other tenants and inhabitants within the townes and villages of C. and K. that is to say by them as Commoners because of Vicinage by reason of which said wooddy and spring of grounds vsed as common as is aforesaid part whereof is parcell of the same Manor of N. contayning by estimation twentie acres extending in length from a certaine Oke tree being a boundarie Oke betwixt the same and such other like grounds being parcell of an other Prebend in the Collegiate Church of S. aforesaid commonly called the Prebend of the Neatherhall or Palacehall in N. aforesaid and from thence extendeth along by a place where three trees lately there did grow commonly called the three brethren and so from thence along by a Meare which is as it hath beene an ancient drie ditch cast vp as it were or had beene a Meare Southward betwixt the seuerall Lords and owners of the lands in that place that is to say first Eastwardes betweene the Lord and owners of the same lands and the Manors and lands of Caunton Bestthrop and Westwarde vnto the manor of Kirksall and from thence downeward West vnto the parke pale of K. and by the same parke pale Northward by a certaine little riuer of water vnto certaine of the like landes and tenements of the said other manor of P. aforesaid and so Eastward vpward vnto the foresaid ancient Oke which said parcell of ground one R. W. and F. B. Gentlemen and one R. T. yeoman pretending to haue seuerall manors in C. aforesaid And hauing diuers deeds Charters euidences bonndaries terrars and muniments concerning the premisses of right belonging to your said Orator casually or by some sinister meanes come to their hands doe not onely claime the same to be parcell of their said seueral manors But also vnder pretence of their said pretended and vncertaine claime not onely some of them but also diuers other vnder the colour or permission of some of them hath not and caused to be cut downe the most part of the best trees growing vppon the said parcell of wood ground as in trueth all that was felled did grow there in a corner thereof towards the East part containing like 12. acres and that in absence of your said Orator then being and yet remaining a student in the Vniuersity of Cambridge that is to say a fellow of Gunuill and Caius Colledge and not soe contented but considering your saide Orators absence daily and continually both continue their former claime to the said ground within the meeres and boundes aforesaid and so doe cut downe and cause to be cut downe the residue of the wood there growing and so will very shortly leaue none there And also by colour and reason of the said permission they will shortly by such indirect meanes and practise winne and get the freehold and inheritance thereof to them as they haue in other the wasts common like grounds within the Manor of or in C. or at the least haue none able to testifie the contrarie whereas now in trueth there are diuers and sundry sufficient and ancient witnesses being very aged and some of them very impotent that can and will trauell so farre as they are able to trauell to testifie vpon their oathes the trueth of the premisses in manner and forme as before in effect is alleaged and more for the better proofe of your said Orators right in and to the said last recited premisses if cause and neede shall so require and that the said R. W. F. B. and R. T. vpon their answere vnto the matters in this bill of complaint will not confesse the trueth therein as it is most credibly to be presumed they will and the rather for that if they will denie the same they know in proceeding vpon their answeres to this bill all the whole trueth concerning the premisses must be examined by depositions of witnesses and their depositions if order presently be not taken of the same shall and may remaine of record in perpetuam rei memoriam to doe further therein as by this honorable Court shall be awarded wherefore the premisses tenderly considered and also the incertaintie whether the said R. W. F. B. and R. T. or any of them will confesse the whole trueth concerning the right and title of your foresaid Orator to the same And the wrong and damage by them and other by their meanes and consent to him done And if they should not the vncertainty whether that the foresaid ancient aged and impotent persons or any of them that now be liuing and can testifie the trueth concerning the same shall be liuing when the same shal come in triall at or by the course of the common lawes to whom the right of the freehold and inheritance thereof doth of right belong ouer and besides the impotency that they or most of them may haue at such time and times to trauel to witnesse testifie che trueth concerning the premisses with this that your said Orator doth not know the certaine date or dates of the said deeds charters euidences boundaries terrers miniments or wherein the same be contained whether in bagge or boxe sealed or locked or otherwise and so without remedy for the recouery of the same and redresse for the wrong aboue said at or by order of the common lawes of this Realme It may therefore c. A Bill against the executors or that the Testator did not deliuer specialties paid whereupon they threaten to sue the Plaintife IN most humble wise complaining sheweth to your good Lordship Sect. 106. your poore
the said time did amount vnto 10. l or there abouts besides the costs expences laid out by him in the same which costs expences laid out by your Lordships said orator did amouÌ„t vnto 8. l 19. sÌ„ 9. d which were behind vnpaid vnto your said orator by means wherof action accrued vnto your said Orator to demaund and haue of the said I. M. in his life time the said summe of 18. l 19. sÌ„ 9. d and of the said A. M. vnto whom the administration of all the goods chattels which the foresaid I. M. had at the the time of his death were after his death lawfully committed yet therfore the said I. M. in his life time the said summe of 18. l 19. sÌ„ 9. d nor any peny therof though often times in his life time therunto by your said Orator required or the said A. M. his administrator after his death notwithstanding that the goods chattels which were the said I. M. be sufficient for the paiment of the said 18. l 19. sÌ„ 9. d vnto your said Orator and of all other debtes which the saide I. M. ought to haue paid did come to the possession of the said A. M. and still remaine in the possession of her the said A. M. or of such person and persons vnto whom she hath yeelded left or deliuered the same notwithstanding that she hath sundry times since the death of the said I. M. bin gently required by your said Orator to pay to him the same 18. l 19. sÌ„ 9. d or any part thereof hath not yet paid and contented but the same to content and pay hath euer hitherto denied and refused and the said A. doth yet denie and refuse to pay the same thereof intending vtterly to defraud and deceiue your said Orator against all right equity and good conscience notwithstanding also that she the said A. M. hath her selfe at sundrie times heard the said I. M. in his life time promise that he would pay vnto your said Orator all such summes of money as were behinde vnto your said Orator and notwithstanding also that she well knoweth that the foresaid summe of 18. l 19. sÌ„ 9. d due vnto your said Orator by the aforesaid I. M. in his life by reason that she hath seene and hath a perticular bill thereof which was sent and deliuered to him in his life time by your said Orator and notwithstanding also that she her selfe since the death of the said I. M. did assume faithfully promise to pay vnto your foresaid orator all such mony as was due vnto him at the said time of his death if she the said A. M. did take vppon her the administration of his goods and chattels which she hath done as is said All which things she the said A. hath done partly by her owne iniurious minde but chiefly by the wicked and sinfull perswasion of R. M. gentleman her sonne by whose counsaile and perswasion she hath closely and secretly conueyed away a great part of the saide goods being of verie great value to diuers places and persons to your said Orator vtterly vnknowen and left the same out of the Inuentorie of the said I. M. his said goods which she hath exhibited and also hath caused such goods and chattels as be mentioned in the said Inuentorie to be praised much vnder the value thereof and a great part thereof to be set downe therein so confusedly and inconueniently that it cannot well be knowen either what they be or of what value And furthermore she the said A. by the like sinister counsaile and perswasion hath consented and caused one H. B. and T. C. and diuers other persons being her especiall friends couenously to commence diuers and sundrie fraudulent actions of debts and executions against her as administratrix of and to the same I. M. suffering her selfe therein to be conuicted and condemned though in verie trueth either nothing or verie little was due vnto them and in a manner nothing at all taken of her by them by vertue of the said actions and executions to the intent thereby to dasâ—e the eies of your Orator and of other the creditors of the said I. M. not knowing the trueth of the same vngodly deuises intending by such meanes to defraud and defeat your said Orator and the rest of his said creditors of the most part of their seuerall debts which their vnlawfull practises are like to be to the great losse and hinderance of your said Orator if speedie remedie be not by your good Lordships meanes prouided to meete with and preuent the saide vnconcionable and vniust dealing in the premisses for that the promises and assumptions of the said I. M. and A. M. were made secretly and priuately vnto your said orator nor persons being present with theÌ„ at the making of the said seuerall promises nor anie man liuing which can testifie the same so that your said Orator for want of such proofe thereof as is requisite by the strict course of the common lawes of this Realme is altogether remediles if it be not by thorder of this honorable court wherein your L. said Orator hopeth verily thinketh that she the said A. M. in her aunswere to the premisses vpon her corporall oath will confesse the same to be in effect as it is herin set forth disclosed May it therfore please c. A Bill for diuers Euidences HVmbly complaining sheweth vnto your Lordship G. Earle of S Sect. 108. That whereas the said Earle is lawfully seised in his demesne as of fee of and in the manor of S. in the County of Y. and in the hundred of S. with thappurtenances in the County of D. and of and in the castle and manor of S. with thappurtenances in the Connty of Y. and of the castle manor of B. in the County of D. and of and in the castle manor and hundred of B. in the County of D. with thappurtenances and of and in diuers mesuages lands tenements hereditaments franchises and liberties to the said seuerall manors hundreds belonging Now so it is if it may please your good Lordship that diuers and sundry court-roles charters euidences exemplifications of records extracts terrers pleadings writings and muniments concerning the said seuerall manors hundreds and premisses with thappurtenances of right belonging vnto the said Earle and whereby the said Earle should make his title vnto the said manors hundreds liberties and premisses with thappurtenances or to the most part thereof are by casual meanes come vnto the hands custodie and possession of one N. C. of S. in the County of D. And albeit that the said Earle hath sundry times sent vnto the said N. C. gently requiring him to deliuer vnto the said Earle the said court rolles charters euidences exemplifications of recordes extractes pleadings writings and muniments yet that to do the said N. hath euer hitherto vtterly denied yet doth deny to do the same against all right equity and good
rent accordingly vnto him the said K. after which lease and bond so made as aforesaid and also immediatly after your said Orators entrie into the same the title thereof was so defended against your said Orator by such as claimed the same against him the saide K. as that the charges thereof spent about the recouering thereof did stand your said Orator in aboue twenty nobles besides the great trauaile and losse of time that your said Orator sustained thereby being yet altogether vnrecompenced at the said K. hands although he often promised to haue some consideration thereof towards your said Orator And whereas also since and immediatly after that time he the said I. K. likewise in the right of his said wife pretended to haue right vnto certaine copihold lands lying in the parish of E. aforesaid then being in the occupation of your said Orator and other persons for the triall whereof there being certaine actions depending in the copihold Court at Southwell it was notwithstanding before the triall thereof aswell by the consent of the said K. of the one party as also by the assent of your said Orator the defendant on the other party referred to the order and arbitrement of one P. K. and I. B. Esquires that they should order and determine aswell the right as the possession of the said copiholde landes so then in question which said P. K. and I. B. Esquires being willing the controuersies might haue a good and finall end and yet themselues hauing then no good opportunity to attend the same did therefore entreate aswell the said I. K. as also your said Orator and the other that it might stande with their likings that one M. C. and H. W. of M. for that they were beter acquainted with the interest of both the parties might therefore order and make an ende thereof in all points as should seeme good vnto them whereunto aswell the said K. as also your said Orator with the rest agreed promising to performe any such order as they the said C. and W. should in that behalfe make and agree vpon Whereupon the said M. C. and the said H. W. taking vpon them the said arbitrement did thus or to rhe like effect order agree and publish their order and award that your said Orator should stil enioy and continue his possession of the said copihold lands for and during so long time as the wife of the said K. should liue paying yearely for the said copihold land vnto the said K. foure shillings rent and for that he the said K. receiued also an other rent of xx shillings by the yeare at two seuerall times of your said Orator for the freehold land aforesaid they the said arbitrators for the more ease and certainty of him the said K. did further order and appoint that your said Orator should also pay the said foure shillings rent for the copihold land at the same time that the other rent for the freehold was vsed to be paid which was at Whitsontide and Martinmas so that from thenceforth he your said Orator should yearly pay at the daies aforesaid the whole and intire summe of xii shillings at euery of the said feasts And also for that the said arbitrators did well foresee that the said intire payment of xii shillings at one day and instant could not conueniently be paide on the seuerall landes out of the which they in trueth and law were seuerally issuing for that the saide freehold and copihold land be distant in seuerall places therefore the said Arbitrators for the more ease and certainetie of him the said K. did order and appoint that your said Orator should yearely at the daies aforesaid or within xiiii daies after euery of them pay the said rent of xii shillings at the house of one W. W. of M. being a friends house of him the said K. and also farre neerer vnto the said K. his dwellings then the land it selfe is vnto which said order and Arbitrement he the said K. together with your said Orator did willingly agree and condiscend And so for the space of seuen or eight yeares last past the said K. hath alwaies receiued his rent accordingly at the house of the said W. W. of M. aforesaid Notwithstanding so it is if it may please your good Lordship that the said I. K. meaning as it seemeth not onely contrary to the said order and award but also contrary to all right equitie and good conscience subtilly and extreamely to take aduantage of your said Orators bond of xx pound hath refused to receiue your said Orators last Whitsontides rent readie for him at the said W. house in M. aforesaid according to the said order and award therein made as aforesaid May it therefore please your good c. A Bill for payment for cattell sold without present money or especialities by reason of trust reposed in the vendee HVmbly complaining sheweth vnto your good L. your daily Orator Sect ' 112. W. B. of B. in the county of N. Butcher That where as your said Orator about sixe or seuen yeares now last sold and deliuered vnto one R. W. of the same Towne and Countie Butcher sixe Steares and fiue Oren being all fat cattell for the price of xl l and x. s̄ which said summe of xl l and x. s̄ the said R. W. then faithfully promised to pay vnto your said Orator within a short space then after and now long sithence past or else when your said Orator would require demaunde the same of him the said R. W. of which said bargaine and security for the said money your said Orator was then the lesse carefull for that your said Orator not long before had been seruant vnto the said R. W. and for that the said W. had been master vnto your said Orator therefore your said Orator did trust him the said W. so well as that he neither tooke any specialty or security of him the said W. for the said sum of xl l x. s̄ nor prouided any witnesses to be presēt to testify the same bargaine cōtract betwixt them but only priuatly betwixt themselues contracted the same And like wise your said Orator priuatly deliuered the said sixe Steares fiue Oren vnto him the said R. W. vpon trust and performance of his priuate speech promise of paiment thereof as aforesaid whereupon the said R. W. then presently receiued the said six Steares and fiue Oren at your said Orators hands did presently afterwards conuert the same to his owne proper vse and benefit before the money paid by him the said W. vnto your said Orator for the same c. May it therefore please your honorable Lordship c. A Reioinder THe said defendant reioyneth and saith in all and euery thing and Sec ' 113. things as he in his said answere hath made and doth and will auerre iustifie maintaine and proue the same answere and all and euery thing and things clause sentence article and allegation
his hands because he had beene a very good customer vnto him did not so precisely keepe his day thinking he would haue reasonably dealt with him being allowed for consideration for forbearing thereof as at other times he had done Notwithstanding he the said C. D. contrarie to the said A. B. his expectation did put the same Recognisance in suit presently after the forfeiture thereof And the said A. B. being them busied in her Maiesties seruice the said C. D. had iudgement vpon the said recognisance against him before he could send vp to take any order for the said latter debt by the said recognisance and after tooke execution of the moitie of amanor of the said A. B. called c. in c. which for the payment and performance of the said debt was extended vnto twentie markes by the yeare And so did leuie the said whole forfeiture vpon the said A. B. his manors and lands with great extremitie vpon which extreme dealing he the said A. B. finding himselfe most cruelly and hardly dealt with did refuse to buy or sell with him and willed his Bailife of his said manor to take acquittances of him at euery payment who not onely did so but vpon the last payment the foresaid C. D. did acknowledge to him that paied the money that your said Orator was then cleere with him and did owe nothing or to such effect notwithstanding the foresaid A. B. accompted of him as of a verie extreame man which the said A. B. his displeasure towards him being notified verie well knowen vnto him both by letters from himselfe and otherwise yet the sayd C. D. liuing nine or ten yeares after that it can not be intended that he who whilest they were in amitie did sue the said A. B. vpon the said recognisance and debt therein conteined being of so small a value would at the first haue left the elder bond and debt being of a greater summe vnsued for if it had bin vnanswered for or not paid much lesse afterwards during all the space of nine or ten yeres when he the said A. B. for his hard dealing had left to be his customer or to deale with him and thought but hardly of him as he had no lesse cause So though it be most sure and true that the said debt for which the said two hundred pounds bond was made in the said first yeare of the raigne of c. was long since fully answered yet it being so long since the said A. B. can not precisely call to mind vpon the sodaine who paid it diuers of his officers which dealt for his reuenues and especially one I. P. whom principally he vsed in those affaires being now dead whereby he can not vpon a speedie triall at the common Law proue the payment thereof by strict and precise course in that behalfe requisite and the rather for that the Indentures for the defeasance of the said recognizance came by some casuall or negligeÌ„t meanes to the hands of the said C. D. and of I. his wife although it be manifest by the presumptions aforesaid that the said C. D. would not haue let it lye so long vndemanded if he had not bin satisfied which the said A. B. doubteth not to proue in this honorable court for that also he thinketh there be yet some liuing that were present at the last reckning that the said A. B. or his officers made with the said C. D. either when he agreed for the said extents or about that time at which time he the said C. D. did acknowledge that all matters debtes and reckonings whatsoeuer were then fully cleered and quit betwixt the said A. B. and the said C. D. And that the said A. B. did not then owe him any thing But so it is yâ— said C. D. now being dead and I. his wife being his executrix who finding the sayd bond of CC. pounds remaining vncancelled rather as it should seeme by those which haue conferred with her vpon some words spoken or conceit of offence that she hath conceaued of the said A. B. his displeasure towards her late husband then otherwise vpon any iust cause she the said I. hath published that she hath such an ancient bond of the said A. B. bearing date c. of two hundred poundes and intenâ—eth to put the same in suit against the said A. B. In tender consideration whereof the apparant likelyhood of the said debt before recited being most true and the same discharged and yet the proofe of the discharge thereof in strict course of law being hard for the said A. B. to make the said I. P. and some others who dealt for him being now dead and the said defeasance being come to her hands as aforesaid but onely vpon oath of the said I. D. who was priuy to that and most of her husbands reckonings and doings in his life time and yet would not vniustly charge the said A. B. with the said debt by meanes that she hath both partes of the defeasans in her hands whereby the said A. B. can not pleade them and not knowing the date of them or wherein they are conteined can not demaund them by the ordinarie course of the Law May it therefore please your good Lordship c. The Answere THe said defendant saith that the said bill of complaint exhibited Sect. 132. against her in this Ho. court is vncertaine and vnsufficient in the law to be answered vnto and the matters therein conteined vntrue and contriued more of purpose to put the said def to trouble and expences in law then for any good or iust cause Neuerthelesse if the same defendant shal be compelled by this Ho. court to make any further answere to the same then the aduantage of the insufficiencie thereof to this defendant at all times hereafter saued For further answere the said defendant saith that true it is that the said A. B. about the time mencioned in the said bill of complaint began to be a bargayner and buyer of Plate and Iewels of the saide C. D. late husbandman to this defendant and obtained credite at the hands of the said C. D. for the summe of c. For payment whereof the said C. D. presuming vpon the promises of the said A. B. was contented onely to accept of a bare single obligation which was sealed and deliuered vnto him about the time mencioned in the said bill which summe of c. the said C. D. after the day past which was limitted for the payment thereof often demaunded of the said A. B. who notwithstanding made no payment at all thereof but with faire promises delayed time and kept the said C. D. in hope from yeare to yeare that he should be answered thereof to the vttermost peny And at the last the said A. B. hauing neede of certaine other Plate or Iewels to the value of c. intreated with the same C. D. to giue him credit for the same and promised faithfully that if the saide C. D.
would trust him therewith that then within short space after he would truely make payment aswell of the hundred pounds as also of the said two hundred poundes vpon which earnest intreatie the said C. D. being a man of a verie good nature and easily led by such as he any way conceaued or thought well of was contented to satisfie his request But yet forasmuch as the said A. B. had before that time taken but small regard concerning the keeping of his dayes vpon the single obligation aforesaid the said C. D. then thinking to deale more substancially with him then before demaunded a recognizance for the said summe of an hundred poundes so then to be lent without which he was vtterly vnwilling to trust him any further Whereunto the said A. B. assented and became bound accordingly in a Recognizance of two hundred markes with condition for the true payment of an hundred pounds which is the recognizance in the saide bill of complaint mencioned For discharge of which recognizance the said A. B. tooke no greater regard then before he had done for payment of the said single Obligation And therefore the said C. D. at the last three yeares at the least being then past after the forfaiture of the said Recognizance perceiuing the carelesnesse of the said A. B. asked aduise of some of his friends what course he were best to take for the obtayning of the saide seuerall summes of money By whom he was aduised to put the saide Recognizance rather then the Obligation aforesayd in suit aswell for speedy end of suit in the same as also that thereby it was thought the saide A. B. would the rather seeke meanes to make satisfaction aswell of the one debt as of the other But he meaning nothing lesse nor regarding the saide suit suffered the same to proceede till some parcell of his lande was extended and so the saide C. D. was faine after three yeares forbearance of the said summe of one hundred poundes as aforesaid and after he had spend more then twentie poundes in suites and rewardes in obteyning the says extent to accept onely twentie markes by the yeare till the sayd two hundred markes being the principall and penaltie were payed vnto hym so that the forbearance of the saide summe accompted together wyth the charges in suit great losse of time in following the same and rewardes gyuen to Shirifes and Baylifes or euer any the saide landes might be extended The saide C. D. sustayned so great losse as by the circumstances of that which before hath been shewed doth euidently approue that he was vtterly discouraged to attempt any more suits against the saide A. B. but rested still in hope that at one time or other he should obtaine meanes in quiet sort without suit in lawe to get satisfaction also of the said summe of c. which hath bin the reason onely why the sayde E. D. did not put the sayd Obligation in suit so long time without that that to the knowledge of this Defendant there was euer any defeasans made vpon the said Obligation or that any such defeasans by casuall meanes is come into the hands of this Defendant as in the said Bill is vntruely alleaged And without that that the said A. B. by himselfe or his officers as by the premisses manifestly appeareth did make payment of the said debt or any part thereof which the said defendant is the rather throughly perswaded of as well because she was well acquainted with the dealings of her said husband as also because at the time of the debts of her said husband he lying in extremity called this defendant vnto him and said that he had carefully gathered together sundry bonds and Obligations which at sundry times had beene made vnto him for diuers summes of money and yet in trueth they were paied and discharged and those bondes and Obligations he had put in a boxe by themselues and named them Billes which Obligations he willed this defendant to cancell or deliuer to such persons as were the Obligors and in any wise not to demaunde any debt vpon any of them And further he also openly said that all the residue of the bonds and Obligations remaining in other boxes which he then also named were due and owing vnto him In the which of the said boxes the said Obligation of 200. li. was found neither is it to be thought that any officer of the said A. B. would deale so lightly as to paye the money due vpon the said Obligation beeing but single and without penalty without either acquittance or the bond it selfe redeliuered or cancelled Or that the said A. B. himselfe would haue allowed of any such payment vpon any his officers accompts And without that that the said A. B. did at any time allow any maner of consideration for the forbearaunce of any summe of money due by him to the said C. D. as also is vntruely alleaged And without that that the said C. D. did put the same Recognisaunce in suite presently after the forfeiture thereof for the same was forborne three yeares after as is before declared And without that that it is likely that the saide C. D. did acknowledge himselfe satisfied of all those seuerall summes of twenty markes which should make vp the two hundred markes vpon the extend aforesaid when as he had recouered the whole debts due to him by the said A. B. but onely without that that the said A. B. to the knowledge of this defendant did signifie by his letters his displeasure towardes the sayde C. D. as also is vntruely set downe And without that that any other thing materiall in the lawe c. As in the other To cause one to shew his Lease whereby he holdeth c. MOst humbly complayning c. A. B. of c. gentleman That Sect. 133. whereas about fower yeares last past one C. D. of L. vpon a certaine iudgement in a plea of debt amounting to the summe of c. or there abouts by him obteyned in her Maiesties court of common plees against one L. F. of c. in the Countie of c. sued forth her Maiesties writ of Fieri facias directed to the Shirife of the said Countie for the leuying of the said debt of the goods and chattels of the said E. F. By vertue of which writ the Shirife did amongst other things take into his hands one lease for diuers yeares yet induring made to the said E. F. by one T. S. in the Countie of S. esquier of three parcels of land called and knowen by the name or names of c. with all and singuler their appurtenances lying and being in the parishes of c. in the said Countie of c. together with all and singuler woods vnderwoods and trees set lying being and growing in or vpon the premisses or any part thereof together also with the reuersion and reuersions of the premisses aforesaid and euery parcell thereof And also all maner of common aswell of
estouers and pastures as all other commons pastures profites and hereditaments whatsoeuer to the said premisses belonging or in any wise appertayning And afterwards the said Shirife that is to say vpon the third day of May c. by his deede bearing date vnder his hand and seale did in consideration of c. to him paied towards the satisfaction of the debt and iudgement aforesaid bargaine sell assigne and set ouer the said lease and terme of yeares yet to come of all and singuler the premisses vnto one G. H. of L. genâ— which G. H. not long after did in consideration of c. by your Orator to him paied bargaine sell assigne and set ouer vnto your said Orator all and singuler the premisses and euery part thereof Vpon which bargain and assignement of the premisses so made as aforesaid your said Orator was in verie good hope to haue peaceably and quietly entred into the premisses and so to haue occupied and inioyed the same accordingly Neuerthelesse so it is right Honorable that one R. T. of c. in the saiâ— Countie of L. pretending to haue a lease for diuers yeres yet to come of some part of the said lands called c. made vnto him by the aforesaid E. F. long time before any assignements aforesaid hath and yet doth keepe your said Orator from the possession of the said lands vpon which lease or demise a certaine yerely rent is as he saith reserued to the said E. F. his executors or assignes which as your Orator verily thinketh is c. by the yeare and which rent whatsoeuer it be your Orator by reason of the lawfull conueyance to him made as aforesaid ought both in law and conscience to haue and inioy during such terme as the said R. T. shall hold and occupie the land aforesaid by reason of the said lease which he so pretendeth to haue But because your Orator doth not certainely knowe whether the said R. T. haue any such lease neither if he haue what date it beareth what terme the said R. hath therein vnexpired what rent thereby is reserued nor what couenants are therein conteined as also your Orator can not nor knoweth not how in due forme of law to enter or commence any action against the said R. T. either for the recouerie of the said land or rent aforesaid which the said R. T. right wâ—ll knowing being a man of little or no conscience but destitute of the feare of God thinking all things well-gotten which he may get and hould without the punishment of the law doth not onely vse the said land to his great profit and commoditie without yelding or paying therefore any rent ot your Orator or any other person lawfully clayming the same but also doth vtterly refuse to shewe his said Lease whereby he claymeth to hold the lands aforesaid vnto your said Orator to the great losse and hinderance of your Lordships said Orator In tender consideration whereof and for asmuch as your Orator hath no ordinarie way by the course of the common Lawes of this Realme to enforce the said R. T. to shew forth such writings as he hath for the holding and inioying of the lands aforesaid but is and shall be vtterly destitute of all maner of helpe or meanes to obtaine the same to his great hinderance and impouerishment except your honorable Lordship of your accustomed clemencie towards all such as are oppressed do extend your fauour in yâ— behalfe so that by the order of this honorable Court the said R. T. be inforced vpon his oath to shew what right he hath to the premisses or any part thereof and likewise to set downe in his answere the true copie of the said lease verbatim or other writings whatsoeuer they he whereby he claymeth the premisses or any part of the same May it therefore please your good Lordship c. The Answere THe said defendant not knowledging or confessing the matters Sect. 134. suggested in the said bill of complaint to be true for his answere touching the same saith That the said E. F. named in the said bill of complaint was possessed for diuers yeares yet to come and induring of the said three parcels of land called or knowen by the name of c. mencioned in the saide bill of complaint by vertue of a lease thereof made by the said T. S. also named in the said bill of complaint vnto the said E. F. long before the supposed extent specified in the said bill of complaint And the said E. F. so being thereof possessed long before the said supposed extent if any such were had in such manner as in the said bill of complaynt is supposed made a lawfull demise and lease of part of the said three parcels of land conteyning fowerteene acres or thereabouts vnto the said defendant for diuers yeares yet to come and remayning vnexpired vpon which lease the said E. F. reserued a yerely rent to be paied during the continuance of the said lease By force of which lease the said defendant entered into the said fowerteene acres of land part of the said three parcels called c. and was and yet is lawfully possessed accordingly And euer since and yet doth inioy the said fowerteene acres by vertue of the said d◠〈◊〉 and lease made by the said E. F. to the said defendant and is to haue and inioy the same during the continuance of the yeares of which there are diuers yeares yet to come and remayning vnexpired And the said defendant sayeth that yâ— said complaynant is a man to this defendant vtterly vnknowen And therefore the said defendant marueyleth much of the said suit exhibited by the said complaynant into this honorable court against the said defendant touching the said premisses And further saieth that the said E. F. after the said demise and lease by him made vnto the said defendant of the said fowerteene acres of land and before the said supposed extent if any such be made a graunt and assignement of the interest and terme of the said E. F. aswell of the said fowerteene acres which the said defendant hath and occupieth by vertue of his said lease for diuers yeares yet thereof to come and coutinuing vndetermined as also of the residue of the said three parcels of land mencioned in the said bill of complaint vnto R. F. the sonne of the said E. F. vnto which graunt and assignement the said defendant was priuy And therefore the saide defendant thinketh that he is for the payment of his rent chargeable and ought by the Law to pay the same rent reserued vnto the saide R. F. and not to the saide complaynant which saide R. doth verily thinke that he is lawfull Landlord during the continuance of his yeres yet to come and induring and not the said complaynant who is altogether a meere stranger vnto this defendant And which complaynant neuer at any time heretofore demaunded any rent for the said part of the lands that this defendant hath and
humble wise complayning sheweth c. That whereas vpon Sect. 137. the imagination of honesty and good opinion that R. C. father vnto your saide Orator deceased had in one T. T. c. the said R. about Easter last past did ioine in bargaine with the said T. T. for the deliuerie of so much wares whereof the moitie was the said R. as amounted to the summe of c. vnto one I. S. of the Queenes Maiesties houshold Esquire for the which summe of c. the said S. stood bound by statute of the Staple vnto the said R. C. and T. T. payable at the feast of c. then next c. which was in the yere of our soueraigne c. And to the intent that the same R. being a man of such honestie and simplicitie as did neither suspect nor yet doubt the good conscience of the said T. who alwaies toward him had counterfaited such puritie of conscience and so honest behauior might the better by the help of the same T. come by his debt at the time to be due if he so long liued or els if he died that the said T. might be as a stay and sure meanes to his executors for the getting in of the same he the same R. trusted the said T. with the custodie of the said Statute Soone after the making of the which bargaine and somewhat before the said feast of c. the said R. deceased and made your Orator his executor thereby charging him aswell with the gathering in of all such summes of money as were due to the said Testator as also with the payment of all such debts as the said R. did owe. And so it is most gratious Lord that although your said Orator hath diuers and sundrie times since the decease of his said father required the said T. to haue the moitie of the said c. due to him by equitie and good conscience as executor vnto his said testator c. The said T. now declaring himselfe what he is hauing regard neither to conscience common honestie nor yet to the trust he was put in minding if he can with what iniurie he careth not vtterly to barre your said Orator from the hauing thereof and he himselfe against all reason and conscience to haue the said c. for nothing hath not onely with many sleight and subtill delayes lingred and delaied your sai◠Orator long time from hauing the same but also now lately hath plainly answered and affirmed that your saide Orator shall haue no part nor penie thereof which if it should thus passe should be both great incouraging to such corrupt conscioned persons still to perseuer in such their lewd demeanour and in the meane time turne to the great impouerishing of your saide poore Orator Wherefore may it please your ho. Lordship of your accustomed equitie to inioyne the said T. that he repay vnto your said Orator the said c. moitie of the said c. if he haue receiued it of the said S. or if he haue not that he be nolet to your said Orator to do therein what he can for the obteyning and getting in the same And thus shall your said Orator haue cause continually to pray for the prosperous estate of your good Lordship long to indure A bill of Complaint for recouering of Euidences made by compulsion by a man in prison without consideration IN most humble wise complayning sheweth vnto your good Lordship Sect. 138. your daily Oratrix I. B. That whereas in the yeare c. it chaunced the husband of your saide Oratrix together with one c. iointly and seuerally to be bounden in a Recognizance of the summe of c. knowledged before your good Lordship in the Queenes Maiesties Court of Chauncerie for the payment of c. payable at a certaine day now past vnto one c. for which summe not being paied at the day due the said c. hath sued execution against your said poore Oratrices husband whereupon he was by y◠Shiriffe of c. arrested about c. past and by all the said space hath remained in the Qu. Maiesties prison of Marshalsie to his great paine of body importable charges and in maner vndoing both of him your poore Oratrix and their small children which piteous estate of his with himselfe lamenting after he had well considered he then consulted with himselfe for his best remedy in that behalfe and therewithall calling to his minde that he had c. a kinsman and cosin called c. being of c. vnto whom your said oratrices husband for the vicinitie of bloud and abilitie of substance was bolder to make his mone for helpe of this his aduersitie then vnto anie other But farre contrarie to his expectation and against all humanitie whence your said Oratrices poore husband looked for most succour thence he receiued not onely least help but also most hurt For the said c. well perceiuing thaduerse estate that your Oratrices poore husband was and is in which was the greedinesse of the Marchant for his money thernest thought and care of your poore Oratrix and her poore children and the great desire that her said poore husband had as any man would of liberty and discharge of trouble would by no meanes promise his helpe vnto her said poore husband herein vnlesse he would be content to bargaine and sell all his lands amounting to the yearely rent of c. vnto him the sayd c. for an Annuity of xx li. sterling to him during his life and for the summe c. whereo◠c. to be paide in hand whereunto your said poore Oratrices husband through the constraint of his saide case was compelled to agree and to seale such writings as the saide c. not long after hee brought to him Indentures cōcerning the bargaine nothing doubting of c. being his cosin but that they would haue sealed to none other but onely such as conscience would stand with at which time the same c. neither paide nor profered any peny of the said c. according to his couenant with delay of paiment both against his promises and couenant After her said poore husband had studied vpon and therewithall read ouer the couenants comprised in the saide Indentures of this bargaine which indeede most honorable Lord were so parcially deuised for the behoofe of the said c. and againe so sore against your saide poore Oratrices husband as if the bargaine had taken effect had bin to the vtter vndoing of him and her with all their heires for euer your saide poore Oratrices husbande taking hold on the point that the said c. paied not the foresaide c. did at their next meeting renounce and say that he would not stand to the saide couenants and bargaine whereunto the said c. partly acknowledging in that he had not paide nor profered this c. saide before sufficient witnesses here ready to be sworne he was contented howbeit he said
any satisfaction thereof to your said Orator and the said B. and E. alwaies sithens the saide entermariage haue refused and yet do refuse to redeliuer the same or yet to make any satisfaction therefore to your said Orator notwithstanding many lawfull and gentle requests to you and either of them made in that behalfe by your said Orator contrarie to all right equitie and conscience In tender consideration whereof and forasmuch as your said Orator doth not know or remember the certaine or precise perticulars or valew of the said goods and cattels which of right do belong to your said Orator and deliuered by your said Orator as aforesaid by reason of your said Orators then tender age being not then of discretion to haue the custodie and rule thereof and so remedilesse by the order of the common lawe for the recouerie thereof or of any part thereof or to haue any satisfaction made to your said Orator by the said B. and E. or by either of them It may therefore please your good Lordship the premisses considered to graunt the Queenes Maiesties writs of Subpena to be directed to the saide B. P. and E. his wife commaunding them and either of them to appeare before your good Lordship in the Queenes Maiesties most honorable court of Chauncery at Westminster then and there to answere to the premisses and therein to stand to abide and performe such order and direction as to your good Lordship shall be thought to stand and be consonant to equitie and good conscience and your said Orator shall dayly pray to God for your good Lordship in health and honor long to continue A bill by a noble man containing that the plaintife tooke vp vpon his credit Veluets and Silks of the defendant at a deere rate and gaue his owne bond with suerties for the payment of the same and that afterwards he tooke vpon his credit of him more Veluets and Silks as the like deere rate and being within age knowledged a statute staple to the defendant for all his whole debt vpon his promise to deliuer to the plaintife his obligation which he had made for his first debt to be cancelled the plaintife allowing interest to the defendant for the forbearance notwithstanding the deere prices and rate he bought the stuffe at for which the said debt grew and then sheweth that he paid not his debt at the day contained in the statute staple and that the defendant threatneth not only to sue the said bond but also to sue execution of the said statute against him and prayeth deliuerie or release of his obligation and proces against the defendant to answere the bill To the Right honorable Sir Christopher Hatton of the most noble order of the Garter Knight Lord Chauncellour of England COmplayning sheweth vnto your good Lordship E. S. Lord D. Sect. 147. That whereas he the said Lord D. during such time as he was vnder the age of 21. yeares at sundrie times had and bought of one I. L. Citizen and Mercer of London diuers parcels or peeces of Veluet Silke and such like at excessiue prices and not hauing then readie money to pay for the same the saide Lord D. together with one R. S. Gen◠and others did enter into sundrie bonds to the saide I. L. for the payment thereof at seuerall dayes after alwayes allowing vnto the said I. L. ouer and besides the excessiue prices which he was to pay for the same Veluets and Silks further consideration or rather as it may be said vsurie for the forbearing thereof till the time of payment And afterwards the said Lord D. during the time of his minoritie aforesaid had and did buy other parcels of Veluets Silks and such like of the said I. L. at like excessiue prices which likewise the said Lord D. did not then pay for the prices or summes of money whereunto the said parcels of Veluets Silks and such like lastlie had and bought after the like excessiue prices and rates together with the saide prices or summes of money before due for the other parcels formerly had and bought by the said Lord D. together with cōsideration or rather vsurie for the forbearing of and for the payment thereof till a certaine time then agreed vpon betweene the said Lord D. and him the said I. L. did amount come to the summe of 500. pound for the payment of which said summe of 500. pound at the time agreed vpon he the said Lord D. at and vpon the motion meanes and intreatie of the said I. L. did during the time of the minoritie of him the said Lord D. become bounden by one statute staple vnto the said I. L. in the summe of one thousand pounds of good and lawfull money of England taking the word and promise only of the said I. L. to deliuer vnto him the said Lord D. or his saide sureties the saide bonds which before he the said Lord D. and his said suerties had entred into to the said I. L. or otherwise that he the saide Iohn should and would cancell and make voyde the same so as thereby or by reason of any of the saide bonds the said Lord D. nor any of his saide suerties should be in any wise sued vexed troubled or charged But now so it is and it may please your good Lordship that the said I. L. although he hath beene thereunto in most gentle and friendly manner earnestly requested and desired by the saide Lord D. the saide R. S. and other the saide sureties of the said Lord D. to deliuer vnto them the said bonds to by them made and entred into the said I. L. as is aforesaid or otherwise to cancell and make voyd the same yet that to do the said I. L. hath vtterly refused and denyed and still doth denye and refuse to do the same But contrary to his saide word and promise as aforesaid made and giuen vnto the said Lord D. for the redeliuerie thereof or otherwise to cancell and make voyd the same bonds doth now dayly threaten to put the same in suit at the Common lawe against the sureties of him the said Lord D. or else alreadye hath so done contrary to all right equitie and good conscience And besides this because the sayd Lord D. did not pay vnto hym the sayd I. L. the sayd summe of fiue hundred pound at the time limited for the paiment thereof which in very trueth he the said Lord D. could not well do vnlesse he should haue made sale of his lands to his great dishonour and losse And notwithstanding that he the saide Lord D. hath sought and made meanes to the saide I. L. to compound with him in some reasonable sort and to accept his money at reasonable dayes such as he the said Lord D. could and might be well able to satisfye and pay the same the rather considering his great interest allowed in recompence for the forbearing of time and giuing day of payment and the excessiue prices for which he sould
the said Audita querela was true viz. that the said compl was then and at the knowledging of the saide statute vnder the age of 21. yeares which witnesses were examined and deposed accordingly in the behalfe of the said compl before the said defend had any knowledge or vnderstanding of the said compl proceeding therein and before any writ or Scirifacias was awarded and taken forth to warne the said defendant of the said suit as by the saide depositions and proceedings therein remayning of Record in the said court of Common pleas whereunto the said defendant for certaintie of the time doth referre himselfe more certainely doth appeare which said suit of Audita querela for the auoyding of the said statute the said complaynant by his solicitors seruants did most earnestly follow vpon a bare pretence that the said compl wanted some fewe moneths of the age of 21. yeares for maintenance of which said statute the said defend was called in by proces did pleade thereunto after which plea pleaded and after the said defend had bin drawne into great charges expences for the defence of the said statute cause the said compl and his Councell sollicitors Attorney or some of them seeing no likelyhood to preuaile in that course did become nonsuit without any regard had of the penaltie thereof did faile and neglect to pay to the said defendant his said principall debt of fiue hundred pound at the dayes times wherein the same was limited appointed to be paid by a writing of defeazance made between the said compl defend touching the penaltie of the said statute the same daies of paiment or some of them being now expired 18. moneths past and more and yet the whole debt still vnpaid vnto the said defendant for payment whereof the said defendant hath and doth keepe the said statute and the first two bonds wherein the saide complaynant with his men are bound as his sureties as aforesaid for payment of part of the said principall debt being this defendants own proper goods as both by lawe and conscience the said defendant thinketh he may lawfullie do And yet neuerthelesse the said defendant further saith that if yâ— said coÌ„playnant will forthwith pay vnto him the saide defendant the said summe of 500. pound being his principall and iust debt together with the charges he hath bin put vnto and consideration after the vsuall rate of ten pound for the hundreth like as the defendant himselfe doth pay to others for the long time the said defendant hath forborne his said debt he the saide defendant will forgoe the penaltie of the saide statute and will deliuer the same statute and the said bonds to the said complaynant without that that the said defendant did sell vnto the said complaynant any peece or peeces of Veluet or Silke at the seuerall times in the bill mencioned or any other time or any other thing at any excessiue or vnreasonable price the dayes of payment considered Or that the said complaynant did ouer and besides the 〈◊〉 price of any such thing allow and pay to the saide defendant any further consideration or vsurie for the forbearing thereof till the time of payment otherwise then is before truly layd downe in this aunswere Or that the saide complaynant and the saide R. S. or any other did enter into any more bounds for any the summes in the said bill mencioned to the saide defendant then such as before are confessed to the knowledge of this defendant And without that the said complaynant did at the intreatie of the said defendant during his the said complaynants minoritie enter into the said statute in the bill mentioned to the knowledge of this defendant but vpon the importunate request and intreatie of the saide plaintife to supplie his wants as aforesaid the said defendant was content to accept of his said statute not being able to giue better assurance as the saide defendant required Or that the said defendant did then or at any other time promise to the saide complaynant or his said sureties in the bill mencioned any the bonds by them or any of them entred into to yâ— said defendaÌ„t for or touching the saide debt as he now remembreth or any part thereof other then the said obligacions which the said defendant did redeliuer to the plaintife to be cancelled as aforesaid or did promise to cancell or make void the same in manner and forme as in the said bill of complaint is surmised to the remembrance of this defendant And without that that the said complaynant or any other for him did require the redeliuery of the said bonds as this defendant remembreth or that there is any cause or reason why the said complaynant should make any such request or the said defendant to make any such promise vntill his said debt be paid And without that that the said compl hath or doth seeke to make any reasonable composition with the said defend for or touching the said debt or any part thereof but rather hath endeuoured to defeate the said defend of his said debt And therefore he the said defend hopeth that the said compl shall not haue or receiue any fauour in this honorable Court against the said defend seeing that the said defend desireth nothing els but his principall with reasonable recoÌ„pence for the great wrong iniurie the said compl hath done both in putting him to great charges expences by the long withholding deteining of the said debt as aforesaid without that that the said defend hath hetherunto taken or recouered yâ— penalties of yâ— said statute or bonds or any of theÌ„ or that the said compl ' is or hath shewed himselfe at any time readie to satisâ—ye the said debt vnto the said defend or any part thereof in manner forme as in the saide bill of complaynt is alleaged And without that that any other matter or thing c. A Bill exhibited against a noble man against diuers tenants farmers and officers of diuers mannors contayning that the noble man for his debt due to the plaintif became bouÌ„d in a statute staple of 1200 li. and for that the debt was not paid at the day it was due the plaintife extended diuers manors lands which the noble man had and was seased of at the time he knowledged the said statute and had sould the same before the time of the extent to diuers persons and vpon a Liberate to the Sherife had the same mannors laÌ„ds deliuered vnto him to hold in extent till his debt were satisfied Afterwards vpon the noble mans suit to the Lord Chaunce llor and vpoÌ„ the Lord Chauncellors request to the plaintife he was contented to forbeare the taking of the profits of the lands extended to referre the hearing ending of the matter touching his debt to two thereunto appointed by the Lord Chauncellor who heard and ended the matter the which end afterwards the noble man refused to performe whereupon the
the said seuerall mannours extended as aforesaid vnto your Orator to hold them in extend vntill your Oratour were of the saide summe of 1200. l with his costs and expences herein sustayned fully satisfied paid By vertue of which said writ the said Clement Paston then Sherife did deliuer in extent to your saide Oratour the xii day of March then next following the foresaid seuerall mannors of H. W. A. and B. with the two faires holden twise by the yeare and the market of H. there holden euery weeke with the hundred of F. with their appurtenances And the said mannor of H. with the appurtenances And also the said mannor of S. Mo. and WO. with thaduowsons patronage of Sw. M. and W. with their appurtenances together with the mannor of B. with thappurtenances the foresaid mannor of A. with thappurtenances to hold to your said Orator his assignes according to the said extent vntill the said debt of 1200. l together with your Orators costs and damages were taken and leuied of the premisses By vertue whereof your said Orator was of the premisses possessed and so being possessed the said Lord Mo. before that your said Orator had or could receiue any profit of the premisses or of any part or parcell thereof by meanes or reason of the said execution thereupon made deliuered to your saide Orator did make humble suit to your ho. Lordship that it would please the same to moue your sayd Orator to forbeare the taking of the issues rents profits of the said seuerall manors other the premisses from the molesting of the farmors tenants occupiers thereof for the same vntill your ho. Lordship or some others to be by your Lordship apointed had heard determined the cause and reckoning betweene the said Lord M. your said Orator whereupon your said Orator was content at the motion request of your ho. Lordship to permit the tenants of the premisses to continue in their possession quiet and to forbeare the taking of the rents and profits thereof and to referre the hearing and ending of all reckonings demaunds betweene your said Orator and the saide Lord Mo. to the order and determination of maister Doctor S. one of the maisters of this most honorable Court of Chauncerie to S. B. Gent̄ one of your Honors Secretaries being thereunto assigned and apointed by your Lordship in fauour of the said Lord Mo. who entred into examination of the premisses in controuersie betweene the said Lord Mo. and your said Orator and by their mediations and at their requests your saide Orator was content in forgo neere the summe of 100. pound of his iust demaund so that the said Lord Mo. would content and pay the residue to your said Orator in such sort and at such times as the said maister S. and maister Br. did conclude and set downe but the said Lord Mo. meaning and intending still to delay your said Orator and to keepe him both without his money and the profits of the said mannors and other the premisses with the appurtenances whcih were deliuered vnto your said Oratour in execucion towards the satisfying of the debt costs and damages did not only neglect to performe the saide agreement and order taken by the saide maister S. and maister Br. but hath and doth vtterly refuse and denie to performe the same by reason whereof your said Orator for the leuying of his debt costs and damages did purpose and intend to take the benefit of his said execucion and for that end your said Orator about the feast day of S. Michaell the Archangell last past trauayled into the saide Countie of Norffolke where the saide mannors and premisses do lye and there did offer to keepe Courts and did likewise require the tenants occupiers and farmors of the saide mannors and premisses to render and pay to your said Orator the rents issues and profits then due for the said premisses to your said Orator and therewithall your saide Orator did require the saide tenants and occupiers of the saide mannor and premisses to discouer and make knowne to him how and in what sort and by what title they and euery of them did hold claime and enioy the seuerall parcels of the said premisses which they the said farmors and occupiers did seuerally occupie possesse and enioy to the end that your saide Orator might hereafter be assertained and fully instructed how to demaund recouer and come by the rents reserued vpon their seuerall estates and interests which be rightfully belonging and appertayning to your saide Oratour by reason of the saide extent but so it is if it may please your honourable Lordship that the saide L. Mo. T. L. Tho. B. Theodora Goodwin Hen. Blage Steward Thomas Louell Thom. More Henry Hynde Rich. Handford Edmond Coles Tho. Baylie Wil. Drake Geo. Thurstone Rap. Story being all Owners Farmors Tenants Occupiers and Officers of the sayde Mannors and premisses in whose hands and keeping all the Court Rolles Rentalls Leases and counterparts thereof which touch or concerne the saide mannors and premisses or any part or parcel thereof be and remaine Haue confederated together both to defeate your Orator of his lawfull execucion and estate in the premisses and also to defraude and vtterly to take away from your said Orator the rents issues and profits thereof and therefore and for that end the saide Lord Mo. c. did not only denye and refuse to permit and suffer your saide Orator or any other person to his vse to enter into the saide mannors and premisses or to keepe any Courts in and vpon the same but also did and do denie and refuse to pay to your saide Orator any free or farme rents for the saide mannors or premisses or to shew to your said Orator how or by what leases or other titles they or any of them do possesse or enioy the premisses or any part or parcell thereof or what rents or seruices ought to be paid for the same by reason whereof your saide Orator is like to be kept from the benefit of his said execucion against all right equitie and conscience vnlesse your ho. accustomed help be vnto him in this behalfe extended In tender cōsideration whereof for that the said Lo. Mo. c. being owners occupiers of the mannors premisses aforesaid and do conceale keepe from the knowledge of your said Orator aswell your yearely rents seruices fermes as also the sight of their seuerall Indentures of Lease as also the Courtrowles whereby your Orator is without remedy either to recouer any yearely ferme or other the rents and seruices of the Freehold or Copyhold lands pertaining to the said mannors and for that your Orator hath not the counterpanes of your said Indentures of Lease neither knoweth the dates of them nor the certeintie of your fermers reserued or of the rents seruices due payable for your said lands hauing not the Courtrowles to shew forth so as your Orator cannot
by the course of the common lawes of this realme make any Auowrie for either the yearely farmes nor yet for the rents seruices due vpon for the foresaid freehold or copiehold lands holden of the said seuerall mannors as aforesaid nor yet for any other dutie or seruice due for the same nor can shewe forth the certentie of the lands that the said tenants do seuerally hold May it therefore please your ho. Lordship that some good order may be by your Lordship set downe whereby the foresaid seuerall Farmors tenants occupiers of the said seuerall mannors all the other parties before mentioned may be inforced to set downe vpoÌ„ their othes as also bring forth their seueral Indentures of Leases whereby your Orator may know the seuerall dates of theÌ„ as also what lands they hold by the same by what yerely rents fermes And the the tenants of the said seueral mannors may likewise be inforced vpon their oathes to set downe what lands they hold of the said seuerall mannors either freely or by copy of courtrowle by what rents fines duties seruices As also the foresaid Eo Lord Mo. c. hauing the custodie of any the rentalls Courtrowles bookes of suruey feild bookes or terrors concerning thaforesaid seuerall mannors or any of them may likewise be inforced to shew them forth to your Oratour to the intent your Orator may vnderstand what lands tenements or hereditameÌ„ts are holden of the said seueral mannors or of any of them by what rents duties or seruices the said lands tenements or hereditaments are holden by whereby your Orator may according to equitie good conscience reape receiue recouer haue take the yerely reuenews issues and profits of the foresaid seuerall mannors euery of them as in lawe and right belongeth vnto him as he ought to do vntill your said Orator be satisâ—â—ed of the summe conteined in his foresaid statute staple knowledged vnto him as aforesaid w e his reasonable costs damages herein susteined to th end that al these points may be performed accordingly May it further please your good Lordship to get to your said Oratour the Qu. Ma. most gratious writs of Subpena to be directed to the foresaid Ed. Lord Mo. Baron of R. c. Commaunding them euery of theÌ„ thereby at a certaine day vnder a certaine paine personally to apeare before your good Lordship in the said ho. Court of Chancerie then and there to answere to the premisses to abide such further order direction herein as to your Ho. shal seeme good to stand with right equitie and good conscience And your said Orator shall according to his most bounden dutie euer pray for the increase and continuance of your good Lordship in health and all honour long to endure The ioint and seuerall aunsweres of T. M. H. B. c. Defendants to the bill of complaint of I. L. Complaynant THe said defendants and euery of them sauing to them and euery of Sect ' 150. them thaduantage of excepcion to the incertaintie insufficiencie of the said bill of complaint say And first the said T. More for himselfe saith That he the said T. Moore doth hath by the space of 2. yeares last past or thereabouts exercised the Office of Baylife of the mannors of H. A. and B. in the saide Bill mentioned whereof this defendant supposeth T. Lo. Esquier to be seased of some estate of inheritance and hath in his hands some rentalls of the saide mannors which this defendant thinketh he ought not to impart to the said complaynant neyther ought the said complaynant to haue the issues rents and profits of the said mannors as this defendant thinketh for that as this defendaÌ„t hath credibly heard verily beleeueth it to be true the said Ed. Lo. M. in the said bill mentioned the day of the date of the said recognizance in the said bill mentioned or at any time since was neuer seazed in his demeasne as of fee simple fee tayle or freehold of and in the said mannors of H. A. and B. or any part or parcell thereof as in the said Bill is vntrulie alledged But one T. H. was then seazed thereof who since hath conueyed the same to the said Th. Lo. as this defendant hath heard By reason whereof the said Tho. Lo. ought in this defend opinion to haue the rents issues profits thereof notwithstanding the said execution without that this defend is farmor customarie or free tenant of any part or parcell of the said mannors or other the premisses in the said bill mentioned other then of parcell of the demesnes of the said mannor of H. which this defend holdeth by lease for certain yeares yet to come rendring yerely 5. l and of the Faires of H. the profits thereof which he holdeth for diuers yeares yet to come rendring yearely 26. sÌ„ 8. d and of the sixth part of the Warren of H. which he houldeth for diuers yeares yet enduring rendring 12. shillings by yeare or thereabouts And of diuers Freeholds houlden of the mannor of H. by the rents of 20. sÌ„ or thereabouts And without that that this defendant hath in his hands any Court Rolles Rentalls or Leases concerning the premisses in the said Bill mencioned other then in this aunswere before is mencioned as in the saide Bill is vntrulie alledged And without that that this defendant hath vnlawfully confederated with any the persons in the said Bill mencioned to defeat the saide complaynant of his lawfull execucion and estate in the premisses in the said bill mencioned as in the said Bill of complaint is also vntrulie alledged And the saide Henry Blake for himselfe saith that hee hath exercised the office of steward of the said mannors of H. and B. in the said Bill mencioned and of the mannors of H. in the said Bill likewise mencioned lawfully constituted thereunto as this defendant thinketh by the said T. Lo. being seazed of some estate of inheritance of the said mannors as this defendant supposeth and that the Court Rowles and euidences concerning the saide mannors are kept in the house of the saide T. Lo. at E. in the Countie of Norffolke and are not at this defendants disposition to yeeld vp or impart to the said complaynant otherwise then as the saide T. Lo. shall appoint whereof this defendant humblie prayeth this honorable Court to haue consideration without that that this defendant in Farmor or Customarie or free tenant of any part or parcell of the said mannors or other the premisses in the saide Bill mencioned or hath in his hands any Court rowles Rentals or Leases concerning the premisses in the said Bill mencioned other then as in his aunswere before is mencioned as in the saide Bill of complaint is vntrulie surmised And without that that this defendant hath vnlawfullie confederated with any person or persons in the said Bill mencioned to defeat the said complainant of his lawfull execucion and estate
seised in their Demeasne as of Fee to the vse of the sayde T. H. and of his heires and after the sayde W. I. dyed After whose death the sayde I. W. c. them held in by right of suruiuorship and were thereof seised in their demeasne as of Fee to the sayde vse last remembred and beeing so seised to the sayde vse the sayde T. H. bargayned and sold the sayde Pasture Moore and Meadowe to one W. G. Gentleman husband of the sayd defendant and to hys heyres By vertue whereof the sayde I. W. and other his sayde Coefeoffes were seased of and in the same to the vse of the sayde W. G. and of hys heyres And after for the further assurance thereof to the sayde W. G. and hys heyres the sayde I. W. and the other hys Coefeoffees so beeyng seased of and in all the premisses did enfeoffe W. B. Esquier G. F. Gentleman c. of and in the sayde Pasture Moore and Meadowe To haue and to hold the same to the sayd W. B. c. and their heires and assignes to the only vse and behoofe of the saide W. G. and of his heires and assignes for euer By vertue whereof the saide W. B. C. were thereof seised in their demeasne as of fee to the only vse of the said W. G. and of his heires and assignes for euer and so were thereof seised vntill the fourth day of February in the 27. yeare of the raigne of our soueraigne Lord King Hen. 8. At which day the saide W. G. was seised of and in the premisses in his demeasne as of fee and by vertue thereof the saide W. G. and his assignes haue euer since enioyed the premisses peaceablie and quietlie without interruption vntill now of late within these twelue moneths that the said complaynant pretended title vnto the same The estate of which W. G. of and in the premisses with their appurtenances the saide defendant for tearme of her life the reuercion ouer vnto A. G. Gent̄ by lawfull conueyance in the Lawe now hath without that that any thing materiall or trauerseable other then that in this present aunswere is confessed and auoyded is true All which matters the saide defendant doth auerre and is readie to prooue as this honorable Court shall award and prayeth to be dismissed out of the same with her reasonable costs for her wrongfull vexation sustayned in this behalfe The Replication of the complaynant to the Aunswere of one of the defendants whose Aunswere is not here wherein he confesseth the sale of the said lands by his father as before in the Aunswere of one other of the defendants is alleaged but saith it was made vpon condicion of redemption the which condicion the vnder perfourmed c. The Replicacion of G. I. to the Aunswere of A. G. THe said complaynant saith that his said Bill is certaine and sufficient Sect ' 153. in the lawe to be aunswered vnto and the matters therein contayned are true not imagined of malice by the said complaynant to the only intent and purpose to put the said defendant to trouble cost and vexation in manner and forme as in the said Aunswere is vntrulie alleaged And for Replication vnto the saide Aunswere the saide complaynant sayth as he in his said Bill hath said that the saide W. I. father to the saide complaynant was seised of the premisses in his demeasne as of Fee in vse or in possession And the saide W. I. so being thereof seised by his deede indented bearing date the fourth day of Nouember in the 22. yeare of the late King Hen. 8. bargained and sould the premisses vnto the said T. H. his heires and assignes for euer for the summe of fortie markes whereof the said T. H. paid vnto the sayd W. H. twentie marks and the other twentie marks to be payd vnto the saide W. I. at the feast of S. Nicholas which was in the yeare of our Lord God 1534. Neuerthelesse the said T. H. couenaunteth and graunteth by the said Indenture that if the said W. I. his heires executors or assignes at the said feast of S. Nicholas or in the meane time before did repay vnto the said T. H. his heires executors and assignes the said twentie markes that then the said bargaine and sale to be voyd and of none effect as by the saide Indenture readie to be shewed more plainely doth and may appeare by force whereof the saide W. I. and the other his coefeoffees were seised of the premisses to the vse of the said T. H. and of his heires And after the said W. I. according to the said Indenture and before the said feast of S. Nicholas did well and truely content and pay vnto the said T. H. the said summe of twentie markes by force whereof the said W. I. and the other his Coefeoffees were seised of the premisses in their demeasne as of Fee to the vse of the said W. I. and of his heires And the said W. I. and the other his Coefeoffees so being thereof seised the saide W. I. dyed after whose death the residue of the said feoffees were seised of the premisses to the vse of the saide complaynant and of his heires vntill the fourth day of Februarie in the 27. yeare of the late King Hen. 8. at which day the said complaynant was solelie seized And further auerreth all and euery thing contayned in his saide bill to be true in manner and forme as he in his said Bill hath alleaged without that that the said W. I. bargained and sould the premisses vnto the said T. H. and to his heires in such manner and forme without condicion as in the said Aunswere is vntruely alleaged And without that that the said T. H. did lawfully bargaine and sell the premisses vnto the saide W. G. and to his heires Or that the saide I. W. and his Coefeoffees were lawfully seised of the premisses to the vse of the said W. G. and of his heires Or that the saide Feoffees did or might lawfully enfeoffe the said W. B. and others named in the said Aunswere to the vse of the said W. G. and of his heires Or that the saide W. B. and the other his Coefeooffees were lawfully seised of the premisses to the vse of the said W. G. and of his heires Or that the saide W. G. at the saide fourth day of February was lawfully and solelie seised of the premisses in fee Or did lawfully and peaceably enioy the premisses Or that the saide M. G. mother of the said defendant hath any lawfull estate from the said W. in manner and forme as in the said Aunswere is vntruely alleaged And without that that any other thing materiall in the said Aunswere which by this Replicacion is not sufficiently confessed and auoyded or trauersed is true All which matters he is readie to aunswere c. A Bill into the Chauncery for a Commission vpon the Statute of 13. Eliz. Cap. 7. entituled An Act touching orders for Bankrupts and all the whole
right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your honors good Sect. 161. Lordship your daily Orators A. T. Esquier and Katharine his wife late wife vnto one R. K. deceased and one of the daughters of William W. of B. in the County of Warwike Esquier deceased for and in the behalfe of William C. sonne of the said Katharine and for and in the behalfe of Mary T. and K. T. daughters of the said A. and Katharine and of W. G. sonne of Ed. G. Knight of the body of Margaret G. one other of the daughters of the aforenamed W. W. lawfully begotten Ed. M. and Anne his wife one of the daughters of the aforenamed Ed. G. and Margaret and Tho. M. and Elizabeth his wife one other of the daughters of the said Sir Ed. and Margaret That whereas the aforesaid William W. in his life time had issue seuen daughters that is to say Margerie late wife of Thomas H. Esquier and after that wife to the ho. Sir A. C. Knight one of the Queenes most honorable priuie Councell and now Chauncellor of her highnesse Duchie of Lancaster Godith wife to B. F. Esquier Elizabeth late wife of Ed. B. Esquier deceased Mary wife of William S. Esquier Margaret wife of the said Sir Ed. G. Anne wife of Frauncis Mo. Esquier and Katharine one of your said Orators And whereas also the saide W. W. in his life time was possessed of and in diuers goods and chattels houshold stuffe plate Iewels and also entituled to certaine debts amounting to the value of tenne thousand pounds or thereabouts and so being thereof possessed and entituled did constitute and make his Testament and last Will and by the same did bequeath geue and demise to diuers and sundrie persons diuers great legacies perticulerly and certainely set forth in the said last Will amounting in the whole to the summe and value of 3500. pound or thereabouts And the residue of all his goods Chattels and debts due vnto him after his funerall expences perfourmed his debts paid and all his legacies and bequests perticulerlie contayned and mentioned in his said Will fulfilled perfourmed and payd hee the sayde W. W. by his sayde Testament and last Will did geue and bequeath to the preferment of all the children comming of hys sayde sixe eldest daughters and to W. C. Mary T. and Katharine T. three of the Children of the sayde Katherine nowe Wife of the sayde Anthonye T. youngest Daughter of the sayde W. W. to be equallie deuided amongst them by the discretion of hys executors And by the same hys Testament and last Will hee did ordayne nominate and make the sayde honorable Sir A. C. Knight Sir Ed. G. Knight nowe deceased Basill F. and W. S. Esquiers and one W. B. Esquiers deceased his Executors as by the same his Testament and last Will more at large it doeth and may appeare And afterwards in the moneth of May in the second and third yeares of King Phillip and the late Queene Mary hee the sayde W. W. dyed possessed of the sayde goods Chattels and debts amounting to about the summe or value of tenne thousand pounds After whose decease the sayde Executors did take administer and agree to the sayde Testament which speciall Legacies aforesayde eyther be or might haue beene by the sayde Executors long sithence fulfilled satisfyed and paide so as the residue should and ought to come to the sayde Children according to the sayde Will And although your sayde Oratours haue diuers and sundry tymes required the sayde Executors to make payment of so much of the residue of the sayde goods Cattalls and debts as to them appertayned yet that to doe they and euerie of them haue hitherto refused and denyed contrarie to right equitie and good conscience In consideration whereof and for as much as your sayde Orators cannot certainely tell and declare the seuerall parcels of the sayde goods Cattalls and debts nor what the sayde Executors haue payd or receiued for any manner of debts owyng by or to the sayde W. W. by reason whereof they are vnable to prosecute for their remedie in the premisses at and by the order of the Ecclesiasticall lawes of this Realme May it therefore please your good Lordship to graunt the Queenes Maiesties writ of Subpena to be directed to the said Executors c. commaunding c. A bill contayning that a lease of a rectorie and the buildings gleebe lands and tythes was made by the Deane and Chapter of a Colledge in Oxford to the plaintifes father for terme of yeares reseruing a rent And that the same by force of the said lease was long possessed That the said lease came to the plaintife by meane conueyance and that continuing the tearme the defendant suggesting to the said Deane and Chapter that the said Rectory and tythes were occupied by the plaintife without lease or title hauing a purpose to conceale and defraude the said Colledge of the said Rectorie and tythes became a suitor to the now Deane and Chapter to haue a Lease of the saide Rectorie and tythes for 21. yeares and thereupon obtained a lease thereof for 21. yeares yeelding for it the accustomed rent with an augmentation of rent corne That the defendant hauing obteyned a lease of the saide rectorie and tythes for 21. yeares sued the plaintife for the same in the Excheker at Westminster in a quo minus and that he did interrupt the plaintifes possession And then the plaintife prayeth an iniunction for stay of the saide suite and for the establishing of his possession and proces against the defendant and the Deane and Chapter to aunswere the bill To the Right Ho. Sir Io. Puckering Knight Lo. Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lo. your Sect. 162. dayly Orator T. B. of N. in the Countie of C. Esquier that whereas the Deane Chapter of Christes Church in the Vniuersitie of Oxford were seased in their demesne as of fee in the right of their sayd Church of in the Rectorie Parsonage of R. with the appurtenāces in the said Countie of C. being a Parsonage impropriate and being so thereof seased by their deede indented sealed with their common seale the certain date wherof to your said orator is vnknowne for wāt of hauing the same did for the considerations in the said Indenture specified demise graunt to farme let all the said Rectorie parsonage of R. with the appurtenances all maner of houses barnes glebe lands tithes fruits profits aduātages whatsoeuer to the same Rectorie parsonage belonging or in any wise appertaining vnto one R. B. late of N. in the said Countie of C. Esquier deceassed father vnto your said Oratour for a number of yeares yet enduring reseruing thereby a great annuall rent the tithes of the vicarage of R. aforesaid the patronage disposition thereof and all the woods
I. D. or confusedly included with other things or held as an estate at will these defendants are not assertained and if the plaintife did hold them without any lawfull estate made vnto him or lawfull estate continuing it had beene meete that the defendants or their predecessors had beene made acquainted of this manner of holding of them and that the possessions and reuenews should not be caried away vnderhand or enioyed by coulour of a lease when there was no lawfull lease to warrant it And had the complaynants then breâ—e so readie to further the defendants in their right and possession to the best of his indeuour as now he pretendeth to be this question had not hapned but now standing as it doth if the information of the saide I. D. made to the saide Deane and Chapter be not grounded vpon any matter of truth the said complaynant shall receiue no impeachment by it these defendants intending to hold the said I. D. to his Couent that by coulour of his graunt he shall not call in question any tenant of theirs which hold by any lawfull interest And if it be grounded vpon matter of truth these defendants hope that this honorable court will not giue further allowance to the complaynants pretended lease then the validitie thereof requireth Humblie praying further that if vpon this interpleading betweene the said T. B. and the said I. D. it shall appeare that the said T. B. holdeth that which he should not hold or the sad I. D. vpon any vndue surmise or suggestion to haue obtayned any thing not fit or not meant to be passed to him which these defendants carrying themselues in a plaine and euen course haue not so farre looked into neither do or can charge him so to haue dealt That these defendants might not be preiudiced against either of them but left at libertie to do that for the iust and reasonable benefit and auaile of their Church which in lawe iustice and equitie shall be seeming for them to do And further or more then this the defendants desire nothing without that that the complaynant hath to their knowledge any lawfull estate or interest in the premisses or hath sought or offred himselfe vnto their church in such sort as hee alledgeth And without that that the defendants by any quicks quillets or nicities in lawe haue sought to rifle into the estates of their Farmers And yet humblie desire that if the complaynants enioy any thing without good lease which is vnknowne to these defendants that he may not be set in better state against their church then his estate requireth but may be referred to their church of whose dealings he sheweth neither can shewe any cause to complayne without that that any other matter or thing c. All which matters c. A bill by one tenant in common of a mannor in the North parts to haue a commission to examine witnesses which be aged and impotent that their testimonies may remayne of record in perpetuam rei memoriam for proofe of the plaintifes title to the said mannor for that the Lord President and Counsell of the North parts haue not power to graunt any such commission To the Right Honorable Sir Tho. Bromley Knight Lord Chauncellor of England HVmbly complayning sheweth vnto your good Lordship your Sect. 169. dayly Orator C. P. of T. in the Countie of C. Esquier That whereas your saide Orator and one L. P. of C. in the County of C. be and stand or ought to be and stand seazed in common in their demesne as of fee amongst other things of and in the Mannor of L. with the appurtenances in the saide County of C. concerning the partition of which said mannor variance and contention in lawe is like to arise betweene your Orator and the saide L. at the common lawe And for as much as there be yet liuing diuers aged persons inhabiting about the saide Mannor which do very well knowe the interest and title of your saide Orator in and to the said mannor in forme aforesaid And for that if the saide witnesses being very aged and impotent and not likely long to liue should fortune to dye before tryall of your saide Orators estate and title of in vnto the premisses it might thereby be greatly blemished and your said Orator in time to come disinherited of his said nioytie of the saide mannor And for that the saide witnesses dwelling in the North parts of this Realme be so aged that they be not able to trauaile neyther before your Honor to be examined in her Maiesties high Court of Chauncerie nor to any other ordinarie place of Iustice where the title of your saide Orator might or may conueniently come in question and tryall by the due course of the common lawes of this Realme And for that the Lord President and Counsell established in the North parts within the precinct of whose Commission not onely the said Mannor but also your said Orator and the said L. P. do inhabit and dwell do not vsually nor cannot graunt any Commission for the examination of witnesses in perpetuam rei memoriam although there be great cause in equitie to graunt the same It may therefore please your good Lordship the premisses considered to graunt vnto your said Orator the Queenes Maiesties most gratious Commission vnder the seale of this most honorable Court to be directed vnto some Gentlemen of credit dwelling in those partes as to your good Lordship shall be thought conuenient for the examination of such witnesses as by your saide Orator shall be produced before them and to certifie and returne the examinations of the saide witnesses together with the same Commission before your good Lordship into her Maiesties high Court of Chauncerie there to remayne of record ad perpetuam rei memoriam and to be published at such time as to your good Lordship shall be thought meete and conuenient And further to graunt vnto your saide Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the saide L. P. commaunding him thereby at a certaine day and vnder a certaine paine therein by your Lordship to be limited either to ioyne in Commission with your saide Orator for the examination of the saide witnesses or else to shewe cause before your good Lordship why your saide Orator should not haue a Commission alone for that purpose and your saide Orator shall accordingly to his bounden dutie dayly pray to Almightie God for the long preseruation of your Lordships good health with increase of honor A bill of Complaint for detayning of the plaintifes Euidences for entring into Mannors and Lands and contriuing of secret estates To the Right Reuerend Father in God Stephen Bishop of Winchester Lord Chauncellor of England IN most humble wise complayning sheweth vnto your honorable Sect ' 170. good Lordship your daylie Orator T. M. Gentleman That whereas one P. M. elder brother to your said Orator was lawfully seased in his demesne as of fee
Lordship Sect. 172. your Suppliants I. W. and the Lady Iane his Wife daughter and heire to the Lady Iane P. deceased That whereas the said Lady Iane P. in her life time was lawfully seased in her demesne as of fee of and in one mesuage or house with a gardeine thereunto belonging set lying and being in B. in the Countie of D. and of and in 12. acres of errable land medow and pasture with their appurtenances thereunto belonging in B. aforesaid and so being of such an estate thereof seised about foure yeares past died thereof seised After and by whose death the premisses discended and came as of right they ought to discend and come vnto your sayde Oratrix as daughter and heire of the saide Lady Ia. P. her mother So it is if it may please your good Lordship that diuers Deeds Euidences Charters Miniments and writings concerning onlie the premisses and of right belonging to your said Oratrix as in the right of the said Lady Iâ— P. by casuall meanes are come to the hands possession and custodie of I. C. Gentleman and E. his Wife who by cullor of hauing the sayde Euidences and writings haue entred into the premisses and by cullour thereof haue contriued conueyed and made to themselues diuers secret estates of the premisses and thereby do likewise detaine and keepe the possession of the same premisses from your said Orators albeit they haue beene diuers and sundrie times thereunto by your suppliants required for the deliuerie of the same yet that to do they haue alwayes hitherunto denyed and yet to denye to the manifest disinheriting of the saide A. and the great wrong and losse of both your saide Orators for that your saide Orators do not knowe the certeine number or certaine dates of the deedes and conueyances nor whether they be contayned in bagge or boxe sealed or chest locked whereby they be for the recouerie of the same premisses cleane without remedie by the strict course of the common lawes of this Realme In consideration whereof the premisses by your good Lordship tenderly considered it may please your good Lordship to graunt vnto your said Orators the Qu. Maiesties most gratious writ of Subpena to be directed to the said I. C. and E. his wife commaunding them and eyther of them thereby personallie to appeare before your good Lordship in the Queenes Maiesties high Court of Chauncerie at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted and appointed then and there to answere to the premisses and further to stand to and abide such finall order and direction therein as to you Ho. good Lo. with right and equitie shall seeme most meete and conuenient And your said Orators shall pray for c. A bill by the leassee for yeares of the Scite of a Manâ—or c. contayning the detayning of the plaintifes lease of the premisses the breaking of the seales thereof and that the defendandts by a practise amongst them to the intent to impouerish the plaintife and vniustlie to get from him the premisses haue brought an Assise in the towne of Salop against him for the same in which suit there is a partial Iurie returned by the Bayliffes of the said towne And one other suit comenced against him for part of the premisses by one of the defendaÌ„ts before the Counsell in the marches of Wales and therefore prayeth an Iniunction for stay of the said suits and also a Subpena against the defendants to appeare and aunswere the bill To the Right Ho. Sir Nicholas Bacon Knight Lord Keeper of the great seale of England IN most humble wise complayning sheweth vnto your Ho. good Lo. Sect. 174. your poore dayly Orator H. D. of A. in yâ— Countie of Salop GentÌ„ That whereas one Io. late Duke of Northumberland in his life time amongst diuers other lands tenements hereditaments was lawfully seised in his demesne as of fee of in the manor of A. lying being within the said County of S. and so being thereof seised by his deede indented about the 27. yeare of the Raigne of the late King of famous memorie King Henry the 8. by the name of Sir Io. D. Knight did demise graunt set and to farnie let vnto P. C. the Scite of the Manor of A. aforesaid together with the mansion or hall place of the same And all and singular lands meadowes leasowes pastures feedings woods waters and commons with all other commodities duties seruices and customes to the said Scyte of the said Mannor belonging or in any wise appertayning To haue and to hould the aforesaid Scyte of the saide Mannor and all other the premisses and all and singuler the appurtenaunces to the said P. C. his executors and assignes from the feast of Saint Michaell the Archangell then next comming after the date of the aforesaide Indentures vnto the end and tearme of threescore yeares then next ensuing and fullie to be compleated and ended yeelding and paying therefore yearely vnto the saide Sir Iohn Dudley his heires and assignes foure pound sterling at the feast of the Annunciation of our Lady and Saint Michaell the Archangell by euen portions with diuers other couenaunts graunts and agreaments contayned and specified in the saide Indentures as by the same more at large it doth and may appeare By force whereof the said P. C. into the premisses entered and was possessed accordinglie The state and interest of which saide P. C. to and in the premisses and euery part and parcell thereof your poore Orator by iust and lawfull conueyance and assurance in lawe of long time hath had and now hath and the same hath quietlie and continuallie possessed and enioyed for and by the space of fourteene yeares nowe last passed by force of the sayd Lease made to the sayde P. C. by the aforesayde Duke without lette or interruption of anye person or persons vntill now of late that the aforesayde Lease is casuallie come to the hands possession of Ed. Le. of P. in the County of S. Esquier which persons malitiously intending your poore Orators impouerishment and vtter vndoing haue not only wilfully broken in pieces and disseuered from the said Lease the seales of Armes of the saide late Duke annexed by him to the aforesaid lease and otherwise defaced the same to the intent your said Orator although he should recouer against them by due order and course of the lawes of this Realme the aforesaid lease yet he might be the lesse able to prooue the saide Lease to be made by the aforesaid Duke for that they well perceiue the time now so farre spent that very fewe or none of the witnesses that were present at thensealing and deliuerie of the said Lease be now liuing as they suppose But also they haue further conspired and agreed amongst themselues together with one R. W. of A. in the Countie of Salop and R. S. of the towne of Salop and Countie aforesaid That he the said R.
W. in the name of the said Ed. Le. at the only costs and charges of the said R. W. should arraigne an Assise of Nouel Dissesine against your said Orator in the Towne court of Salop for that the aforesaid Scyte of the mannor of Acton Renard and other the premisses are scituate and lying within the iurisdiction of the said Towne court of Salop supposing thereby your saide Orator to haue disseised the saide Ed. Le. of his Freehold in Acton Renard aforesaid intending thereby through his sinister dealing and practising by indirect meanes with the Bayliffes of the saide Towne which haue returned a pannell of such Iurors as he the saide Ed. Le. and other of his friends kinred and allyance might rather through friendship and fauour then by reason of any good matter win and allure to find and giue verdict for the said Ed. Le. rather then for your said Orator although his interest and right to and in the premisses be very good rightfull as in very deede it is But also the aforesaid Ed. L. together with others the persons aboue named haue for your poore Orators further trouble vexation and expences conspired and agreed amongst themselues together with the aforenamed R. D. that he the said R. D. should exhibit his Bill of complaint against your said Orator before the Queenes Maiesties Councell in the marches of Wales pretending thereby title and interest to part of the saide land by vertue of a supposed lease for yeares made to one R. D. Clerke by one A. N. Esquier where in very deede there was neuer any such lease thereof to him made by the said A. N. so that the said R. S. hath not by reason of any such lease or otherwise any iust cause of suit against your saide Orator which vngodly inuention and diuelish deuises of theirs they of late put in vre and practised against your saide Orator intending thereby through the suit had and prosecuted by the saide R. W. in the name of the saide Ed. Le. aforesaid against your saide Orator in the Towne court of Salop aforesaid where the saide Ed. Le. is greatly friended of kinne and allyaunce And also through the aforesayde suite commenced before the Queenes Maiesties Councell by the sayde R. D. against your sayde Orator where the sayde Ed. Le. is also greatlie friended and acquainted and readie at all assayes as much as in him lyeth to succour and further the sayde R. D. in his sayde suite against your sayde Orator in the Courtes aforesaide where the saide Ed. Le. and R. D. are verie well friended and allyed as aforesayde and your sayde Orator a meere straunger and of the Countie of Chester borne a poore seruingman there altogether vnfriended and not acquainted intending by their sayde suites so to trouble and vexe your sayde Orator and to put him to such intollerable charges and expences in defending his right against them that your poore Orator either for lacke of substance and wealth should not be able to heare the charge of the sayde suits in lawe against them but eyther be compelled of meere necessitie to yeeld and giue vp his interest in the premisses vnto them or else to trouble and molest your sayde Orator in the sayde Courts that eyther for want of wealth or leysure your sayde Orator should not be able to complaine against them before your Honor or elsewhere to seeke for redresse to be had therein by due meanes and order of the lawes of this Realme In tender consideration whereof and for as much as your sayde Orator knoweth not the certayne date of the aforesayde Lease nor yet the number of yeares therein contayned by reason whereof your sayde Orator by meanes thereof is without all remedye by the due course and order of the Common lawes of this Realme May it therefore please your good Lordship the premisses considered not onelie to graunt the Queenes Maiesties writ of Iniunction to be directed to the sayde Ed. L. R. W. and R. D. and to euery of them and to all theyr Counsellors Attourneys and Solicitors and to the Counsellor Attourneys and Sollicitors of euery of them commaunding them and euery of them thereby no further to prosecute or proceede in the saide suits or eyther of them against your sayd Orator before the Queenes Maiesties Counsell in the Marches of Wales nor before the Bayliffes of the said towne of S. vntill such further order therein be taken by your good Lordship as shall seeme to stand with conscience and equitie but also to graunt the Queenes Maiesties most gratious writ of Subpena to be directed vnto the said Ed. L. R. D. c. and to euery of them commaunding them and euery of them thereby vnder a certayne payne therein to be limited personallie to appeare before your good Lordship in the Qu. Maiesties high Court of Chauncerie at a certaine day therein to be contained then and there to aunswere to the premisses c. And your poore Orator shall dayly pray vnto God for the preseruation of your honorable estate long to continue A bill contayning that one being seazedin fee of an Inne in London leased the same to one for yeares reseruing a rent the which lease came by diuers meane conueyances to the plaintife with couenaunt to make further assurances and then they shewe that the originall Lease and the meane conueyances with a deede of guift are come to the hands of the defendants by cullor whereof they haue entred into the possession of the Inne and thereof haue dispossessed the plaintifes and that they refuse to deliuer the lease meane conueyances and deede of guift or to make any further conueyances to the plaintifes of the said Inne according to the said couenant whereupon the plaintifes pray a Subpena with a duces tecum against the defendants To the Right Ho. Sir Christopher Hatton of the most noble order of the garter Knight L. Chancellor of England IN most humble wise complaining shewen vnto your good Lo. your Sect. 174. dayly Orators I. L. N. Mo. Citizens Clothworkers of the Citie of London that whereas one A. B. Citizen and Fishmonger of London was lawfully seazed in his demesne as of fee of and in one house or tenement called the signe of the Lambe with the shops sellers sollers together with all singuler the appurtenances set lying being in the parish of S. Michaell in Cornehill London sometimes in the occupation of one I. S. Grocer and the said A. B. so being of the said house or tenement other the premisses of such an estate seised about the month of September in the 36. yeare of the raigne of the late king of famous memory King Henry the 8. did by his deede in writing sufficient in the lawe demise graunt to farme let to one W. Lo. citizen black smith of London the said house or tenement other the premisses To haue to hold to the said W. Lo. his executors Assignes for the terme of diuers
in 3. partes deuided of 8. acres of land c. 35 Of a personage impropriate 36 Of a mannor of rent and free foldage for sheepe 37 A writte of Couenant of diuers seuerall things 37 A writ of couenant of Tithes 38 A writ oâ— couenant of the Scite of a Monastery 39 A writ of couenant of diuers things 40 A writ of couenant of Dismes and Tithes 41 A writ of couenant of a personage c. 42 A Releas by fine of one to two 43 A fine vpon cognizaunce de droit by the husband and wife to two 44 by Baron and feme and an other 45 Of a parcell in reuersion by a copercener 46. Of a mannor to an Archbushop and an other 47 A concord from 2. to 1. with special warrantie 48 Vpon cognizaÌ„ce of right as that c. with releas and warrantie by c. 49 A concord of many things together sur cognizance de droit come ceo c. 50 A fine of a rent 51 Of the third part of a rent 52 A praecipe with an exceptioÌ„ of some parcels 53 A writ of couenant brought by 3. against 3 of a mannor c. 54 A concord with a â—ender for life the remÌ„ to the 1. 2. c. sons of the cognisor 55 A fine of homage rent and seruices 56 Of a mannor knights fees seruices 57 An old fine in fraÌ„â—kalmoâ—gne before Iustices in Eâ—re 58 A fine of lands in the countie Palantine of Lancaster 59 A lease for yeares reseruing a rent by graunt 60 A lease for yeares rendring rent with a render and a distresse 61 A lease for yeeres sauing the reuercion 62 A lease by tenant for life for 21. yeares if she liue so long 63 A lease for 21. yeeres c reseruing a rent the cognisees grauÌ„t back the samâ— reuersion and rent 64 A fine of a remÌ„ for yeeres reseruing rent c. 65 A lease in reuercion paying a rent 66 A lease to diuers for yeeres if the parties liue so long reseruing a rent and c. 67 A lease reseruing rent with a nomine penae and a distrâ—sse 68 A fine with graunt and render for life without impeachment of wast and for c. 69 A render for life with diuers remainders ouer 70 A lease for life with remÌ„ ouer 71 A fine of landes bought by the husband which are regraunted by him to the Cognizors for his wifes life 72 A concord of diuers tenements rents Rectory and aduowson with the moity of a mill 73 A Fine of a fourth part to two 74 Of landes parte in posâ—ession and parte in Reuercion of a third part for c. 75 Graunt and render of a reuercion of a moytie 76 A render to the Cognisor for one weeke remainder to a straunger for life remainder to his wife for life vpon condicion with diuers remainders ouer 77 A fine of two reuersions 78 To the cognisee and his wife in speciall tayle with warrantie in tayle 79 A grant with a reÌ„der back againe for life with remainder in tayle diuiding the landes 80 A Fine to entayle lands to the heires of one deceased 81 A graunt to the Cognizee ' for lyfe of the tenant for lyfe with waâ—â— antie a render to the Cognisor for his wiues life to conuey her title to her husbaÌ„d 82 A Fine of a moytie of diuers thinges in possession and of a reuercion in fee. 83 A graunt of lands to two who render to the Conusor in taile the remainder to the Queene and her Successors 84 A graunt of landes in tayle to be holden of the grauntor in Socage 85 A graunt of landes in tayle to be holden of the grauntor by suite of Court and vâ— s. rent 86 A Fine sur releas of knights seruice â—astle garde and murage vpon a writ of customes and seruices 87 Of a mannor in possession and other laÌ„ds in reuereion 88 Of lands part in possession and part in reuercion with a render againe to the conusor and there heires 89 For a reuercion of a rent 90 A concorde of a reuercion for a rent 91 Of rent seruice 92 The husbande and wife sell the wiues iointure absolutely to him in reuercion 93 Tenant for lyfe maketh a lease reseruing a rent during her life 24 A Fine of a Reuercion 95 A Fine of a rent graunted for life with a clause of distresse for the same 96 Of seuerall rents graunted out of a mannor 97 Of a rent with a nomine penae 98 A Fine in fee farme yeelding a rent with a distresse 99 A Fine in fee farme rendring rent suit of court herriot after decease recease and alâ—enacion 100 A Fine in fee farme rendring a rent with a nomine penae 101 By the husband and wife to the husband and wife with render 102 A writte of Couenant for the Queene 103 ✿ A Fine of diuers things with warrantie against all men 104 ✿ A Fine with generall warrantie with a regraunt and render of the premisses by the conusees to the conusors 105 ✿ A Fine with generall warrantie from the conusors of two partes in 3. partes deuided of dâ—uers seueral parcels 106 ✿ A Fine with generall waâ—rantie with graunt and render by the conusees to one of the conusors of parcell of the premiss with diuers remÌ„ ouer of other parcels reseruing a reÌ„t with a clause of distresâ—e for non payment 107 ✿ A fine with warrantie with graunt and render of all mines of coales with libertie to digge 108 ✿ Of the 3. part of seueral things with generall warrantie for life rendring rent with a clause of distres with a grant render of the reuercion in fee. 109 ✿ Of a maÌ„nor with a regrant of xij li. out of the same mannor and afterwards of the whole mannor in fee. 110 ✿ Of diuers things with warraÌ„tie against the conusor and his wife and the heirs of the husband 111 ✿ A Fine with two seuerall warranties 112 ✿ A Fine of diuers thinges with generall warrantie 113 ✿ With generall warrantie in generall taile and for default of heire male to diuers others of the name and kindred of the conusor 114 ✿ A Fine knowledged before the Iustices of Chester of diuers things with warrantie 115 ✿ By an Earle his wife of diuers things 116 ✿ With graunt and render to the wife of one of the conusors for yeeres reÌ„dring rent with a clause of distres with a grâ—t afterwards of the reuercion in fee. 117 ✿ By 2. to 1. with generall warrantie 118 ✿ Of diuers thinges with seuerall warrÌ„ 119 ✿ A Fine to 2. of diuers things with warrÌ„ 120 ✿ By 2. husbands and their wiues with seuerall warrÌ„ 121 ✿ By the husband and the wife of diuers things with warrantie 122 ✿ Of a rent issuing out of diuers mannors 123 ✿ A fine with grant and render for yeâ—res to beginne at a time to come reseruing a rent with a graunt of the reuercion to c. 124 ✿ A Fine of
breue de Dedimus potestatem recup attornatÌ„ tenÌ„ super breue de ingressu 17 ✿ The forme of a Recouerie with single voucher fol. 83. b ✿ A common recouery had by diuerse against one of diuers mannors c. within the countie Palantine of Chester before the Iudges of the Shires or Counties 18 ✿ A common recouery by diuers before the Iustice of Chester Iudges of the same Countie of a mannor c. Tempore H. 8. 19 ✿ The like common recouerie in the said countie of Chester to the next before and of the same mannor and lands in the time of the said king 20 Indictments and offences THe Definition Sect. 1 What an Offence is 2 What indeuour is 3 Of offences priuate and publike 4 The Sympathic betweene the common wealth and her members 5 Of offences publike priuate 6 Offences blinde 7 Offences named and vnnamed 8 Offences vnnamed 9 Offences named 10 Offences simple 11 Offences mixte 12 Offences by word 13 Councell 14 Offence by contumelious words 15 Slaunder 16 Slaunder against God 17 Blasphemie 18 Magicke 19 Southsaying Wizards 20 Diuination 21 Iugling 22 Inchaunting and charming 23 Witcherie 24 Heresie 25 Anabaptisme 26 Apostasie 27 Periurie 28 Slaunder against man by word 29 by writing 30 by Libell 31 by picture 32 Offences by deeds 33 Destruction 34 Factes permanent 35 Slaughter 36 Homicide what it is 37 voluntarie 38 malicious 39 commaunded 40 for Iustice 41 necessarie 42 Se defendendo 43 forbidden 44 malicious 45 of a mans selfe 46 casuall 48 by chaunce 49 mixte 50 Murder 47 Slaughter of beasts 51 Of burning 52 Offences transitorie 53 Adulterie and fornication 54 Sodomy or Buggery 55 Burglary 56 Houserobbing 57 Thefte 58 Thefte from the person 59 Robberie what it is 60 Thefte without feare 61 Hurting and violence 62 Hurtes to the body of the coÌ„mon wealth as treâ—sons 63 Offences hindering the coÌ„moditie of the common wealth 64 Offences against subiects 65 Offences springing from wordes and deeds 66 Other mens offences and how farre they bind vs. 67 Offences vnnamed 68 Of Indictments as remedies for the former diseases 69 Of the forme of Indictments 70 An Indictment for keeping an Alehouse or tippling house 71 For silke in a cap. 72 For vsing an arte against the Statute 73 For rebellious assemblies super 1. Mar. cap. 12. 74 Against a Barrettor 75 The like aliter 76 For batterie at an assise 77 The like aliter 78 The like aliter 79 For buggerie cum masculo 80 For burglarie and thefte 81 The like aliter 82 The like aliter 83 For burglary in a dwellinghouse 84 For burglary by night in a house 85 For burning a house by day 86 For burglary burning a house 87 For burning a barne with corne 88 For Champertie in an assise of nouell disseisin 89 For chaÌ„perty in an assise of freshforce 90 For fighting in Churchyards 91 For absence from Church 92 For fighting in the Churchyard 93 For fighting in Churches or Church-yards 94 For absenting from the Church 95 For taking Conies in a Warren 96 For conspiracie in suites 97 For conspiracie by dâ—uers bakers 98 For taking vnreasonable distresses 99 For taking a distresse in the highway 100 Against Egyptians 101 Against Egyptians 102 For pulling out of eyes 103 For cutting out of tongues 104 For a voluntarie escape for theft 105 For voluntarie escape for murder 106 For escape negligent 107 Against a Coroner for extorcion 108 The like aliter 109 Against an Eschetors seruant for extorcion 110 For extorcion in a Register 112 Against an Escheator inquirenÌ„ sine c. 113 For a forcible Entrie sur Anno 5. Rich. 2. 114 The like aliter 115 For forcible Entrie discontinuance sur 8. H. 6. 116 For forcible Entrie and holding out super 8. H. 6. 117 For forging letters patents and the great Seale 118 For forging of an Indenture 119 For forestalling the market 120 For vnlawfull games super 33. Henr. 8. 121 For gilting 122 For horses sold into Scotland 123 For beating of horses 124 For not taking of felons after hue and crie made 125 For hunting by night 126 For hunting in a Parke 127 For hunting in a forrest 128 For hunting of Conies and keeping of Greyhounds 129 For imbracerie of Iurors 130 The like aliter 131 For common inclosed 132 For ingrossing of corne growing 133 For ingrossing of graine 134 For not keeping a light horse 135 For batterie and mayhem 136 For maintenance 137 For manslaughter by chauncemedley 138 The like aliter 139 For saying and hearing of Masse 140 The like aliter 141 For counterfaiting of money 142 For counterfaiting and vttering of money 143 For coyning of money 144 The like aliter 145 For a murder with a weapon 146 For murder by twoo with weapon 147 For a murder with a cudgell and flying 148 For murder and procurement 149 For murder and diuerse woundes 150 For manslaughter by chauncemedley 151 For murder of a bastard childe 152 For murder by a seruant 153 For pettie treason by a seruant 154 An Inquisicion in murder by weapon 155 For a Nusance of a bridge 156 The like aliter 157 The like aliter 158 For Nusance of a way 159 For periurie in a deposition before Commissioners 160 For periurie in depositÌ„ in CancellarÌ„ 161 For taking of Phesants and Partridges 162 For wilfull poysoning 163 For poysoning 164 For murder by poysoning 165 For pettie treason by the wife 166 For breaking of prison 167 For pulling of sheepe 168 For purse stealing 169 For purse picking 170 For vnlawfull purueyance of Cattell 171 For rape of a woman 172 For rape of a childe 173 For rape of a maide 174 For rape of a maide within age 175 For a Rescusse 176 Of high Treason for rebellious insurrection 177 The like aliter 178 For regrating of corne 179 For regrating of fish and butter 18â— For a recusse of one in the stockes 181 For giuing of a liuerie 182 For receyuing and vsing of a Liuerie 183 Against retainers 185 For a Riot at the Sessions 186 The like aliter 187 For a riot vpon a keeper 187 For a Riot in pulling downe of Hedges 188 For a Riot about thexecucion of a Repleg 189 For a Riâ—t in cutting and carrying away of corne 190 For Robberie in the high way 191 The like aliter 192 The like aliter 193 The like aliter 194 Against a Vagabonde and his releiuer 195 For breaking of a safe conduct 196 For Sacrilege or Burglary in a Church 197 The like aliter 198 For slaunder against the Queene 199 For a Scholemaster not licensed 200 For slaunder against the Queene 201 For slaundering of Noblemen 202 For shooting in a Gunne 203 For keeping of a blind Tauerne 204 For stealing of horses 205 Against a seruaunt stealing his Masters goods 206 For stealing of a Cowe 207 For thefte by a seruant from his Master 208 For conuerting tillage into pasture 209 For conuerting arrable lande from tillage 210