Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	deputy_n	justice_n	sir_n	14,582	5	8.1821	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14970	The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is annexed another treatise of equitie, the iurisdiction, and proceedings of the high Court of Chauncerye: of supplications, bils, and aunsweres, and of certaine writs and commissions issuing thence, and there also retornable: likewise much augmented with diuers presidents, very necessary for the same purpose, beginning at the 144. section, and continuing to the end of bils and aunsweres. Hereunto is also added a table for the more easy and readie finding of the matters herein contayned: the new additions hauing therein this marke * set before them; Symbolaeographia. Part 2	West, William, fl. 1568-1594.	1601 (1601)	STC 25278; ESTC S119713	604,936	622

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

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 tenāts 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 Courtro●les rentals books o● 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 paimēt 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. Gent̄ 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

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 ●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

day and vnder a certaine paine by your good Lordship to be limitted therein to stand to c. A bill contayning that the plaintife taking vp of a Mercer vpon his credit Silks and Veluets put his hand to the debt booke of the parcels of the said Silks and Veluets witnessing his debt for the same and afterwards the plaintife for the better securitie of his saiddebt made him a bill of his hand for the same debt and that the plaintife afterwards at the desire of the Mercer procured his eldest brother to become bound to the saide Mercer for the payment of the plaintifes saide debt vpon the Mercers promise to take no aduantage thereof vntill after the death of the plaintifes father Afterwards the Mercer dyeth intestate and the administration of his gods is committed to R. A. by a practise of the Mercers creditors The administrator bringeth an accion of debt against the saidplaintife vpon his said bill of debt and also threatneth to sue the plaintife and his brother vpon the said booke of parcels and the bond and then sheweth that he tendred the debt to the Administrator who refused the same and so prayeth proces To the Right Ho. Sir Io P. Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your Ho. Lordship Sect ' 144. your daily Orator T. D. Gentleman That whereas your Orator being of late seruant in houshold to the right Ho. Sir C. H. Knight of the most noble order of the Garter deceassed late Chancellor of England hauing then small maintenance from I. D. of D. in the Countie of C. Esquier his father did make his estate knowne to one N. B. of London Mercer now deceassed being your said Orators very neere kinsman who was content to giue your said Orator credit for diuers parcels of Silks and Veluets at sundrie times amounting in the whole to the somme of 22. l or there abouts for the which your Orator did subscribe his hand to the debt booke of the said N. B. wherein the said parcels of Silks were set downe vnder the same parcels witnessing the said debt And at an other time after that your saide Orator did seale and deliuer vnto him a bill of your Orators hand for his better securitie of the payment of the said debt And afterwards because your Orator was but a yonger brother the said N. B. desired your Orator to procure his eldest brother P. D. sonne and heire apparant of the saide I. D. for the better securitie of the said debt to become bound to the said N. B. by Obligation for the payment of the said debt promising neuerthelesse to take no aduantage of the said Obligation nor to put the same in suite during the life of the said I. D. whereupon the said P. D. at your Orators request did become bound to the said N. B. by Obligation accordingly and your Orator did then seale and deliuer to the said P. D. his brother a Counterbond to saue him harmelesse from the said Obligation So as the said N. B. by the seuerall meanes aforesaid had three seuerall kinds of assurances or specialties for one and the selfesame debt that is to say his debt booke subscribed with your Orators hand a bill of debt sealed and deliuered vnto him by your Orator and an Obligation sealed and deliuered vnto him by the saide P. D. And now so it is if it may please your good Lordship that the said N. B. is lately deceassed after whose deceasse the administration of his goods and cattels is committed to one R. A. an vnknowne person that cannot be found whose name is but vsed by others in all vnconscionable suits For if it may please your good Lordship R. S. Alderman of London R. W. and F. S. pretending themselues to be creditors of the said N. B. hauing procured the said bill of debt and obligation to be set ouer vnto them haue thereupon not onely commenced suit in the Queenes Maiesties Court of Common Pleas at Westminster in the name of the said R. A. as administrator of the goods and cattels of the said N. B. against your said Orator vpon his said bill of debt of 22. l but also do threaten to commence one other suit against your said Orator vpon the said debt booke and alike suit against the said P. D. vpon the said Obligation And albeit your said Orator haue diuers and sundry times offered and tendered to pay the said debt of 22. pound to the said administrator with such reasonable costs and expences as hath bin by him expended and bestowed in the said suit at the Common lawe and is ready to pay the same Yet neuerthelesse the said R. A. R. S. R. W. and F. S. do refuse to accept thereof And the said R. S. c. do very hotely prosecute the said suit at the commonlawe in the name of the said R. A. contrarie to equitie and conscience and do procure and cause the saide R. A. to absent himselfe so as your saide Orator cannot tell where to finde him to deliuer vnto him any proces to compell him to answere to his said vnconscionable dealing and yet the said suit at the Common lawe is still prosecuted in his name by the meanes and procurement and at the costs and charges in lawe of the said R. S. c. or by some of them who haue procured the said debts to be assigned and set our vnto them as is aforesaid In consideration whereof and for that it is against all conscience to take aduantage of the said treble assurances made for one selfesame debt And for that your said Orator is remedilesse therein by the due course of the common lawes of this realme and for that your said Orator is readie to pay the principall debt being 22. pound together with reasonable costs of suit May it therefore please your good Lordship to graunt vnto your said Orator the Queenes Maiesties most gracious writs of Subpena to be directed to the saide R. A. R. S. c. commaunding them and euery of them to appeare personally before your good Lordship in her Maiesties high court of Chauncery at a certaine day and vnder a certaine paine therein to be by your good Lordship limitted then and there to answere to the premisses and to stand vnto and abide such further order and direction therein as to your good Lordship shall seeme to stand with iustice and equitie and your said Orator shall dayly pray c. A bill contayning that a Widow seazed in fee of three messes c. thereof enfeoffed diuers persons in fee for the performance of her last will and testament and by the same she deuised the said measses c. to her sonne in taile generall with diuers remainders ouer and dyed That the deuisee dyed hauing issue the plaintife That the feoffment and will is come to the defendants hands That by cullour thereof he hath entred and expulsed the plaintife and hath made diuers

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 bre●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

and casuall 14 Impediments legall subiection and ioint power 15 Couerture 16 Death ciuill 17 Compromise 18 Attainder and Outlawric 19 Ioint power 20 Arbitrators defined 21 The choice of arbitrators 22 Sufficiency of arbitrators considered 23 A fooles Arbitrement 24 A simple magistrates arbitrement 25 Defects of the bodie in Arbitrators 26 Arbitrators indifferent who 27 The question 28 The question double 29 The question of the facte 30 The question of right 31 What is to be considered in each question 32 What thinges are arbitrable and what not 33 Circumstances regarded in submissiō 34 Of the power giuen to arbitrators 35 Of time and place 36 A compromise with couenants to performe the same 37 Of binding the parties to performe an awarde 38 The condicion of an obligacion to performe an award 39 Of the condicion to performe an awarde of lands 40 Whether power to arbitrate may bee assigned 41 Whether the Compromittors may dischardge the Arbitrators or no. 42 What an arbitrement is 43 Thinges to be regarded in Arbitrements 44 An Arbitrement of Landes by which the partie couenaunteth to performe it 45 An arbitrement of debt whereby the parties are bound to performe it 46 An awarde of debt by an Earle vpon submission by bond 47 Of notice of the arbitrement 48 The finall cause of arbitrements 49 ✿ An Award of copih●ld land 50 ✿ An Award reciting certaine bonds for the performance of an Award and that the Award was made 51 Of the Chauncery Proceedings and Supplications Billes and Answeres OF the Chauncery Sect. 1. Of strict or precise law 2 Of Equitie 3 The deuision of Equitie 4 The efficient cause of Equitie 5 The materiall cause of Equitie 6 The formall cause of Equitie 7 The finall cause of Equitie 8 Why Equitie is sometime compared to a ruler 9 How Equitie and Clemencie doth differ 10 Of the difference betwixt equitie and strict law 11 How the Chaūcery is tearmed the court of conscience 12 Conscience defined 13 Of Iudgements in Chauncery 14 Of the power ordinarie of the Chauncery 15 Of the power absolute of the Chauncery 16 Of a Subpena 17 Casesremediable in Chauncery 18 Certaine cases where the partie is remedilesle in Chauncery 19 Of the ordinary proceedings in the high Court of Chauncery 20 A Subpena for costes 21 An Attachment 22 An Attachement with Proclamation 23 ✿ An attachment in the Cinque portes 24 ✿ An attachment in the Countie Palantine of Lancaster 25 ✿ An attachment against one dwelling within the Countie Palantine of Chester 26 A Commission of rebellion 27 ✿ A Supersedeas of the cōmission of rebellion 28 ✿ A Supersedeas to the Chauncellour of the countie Palantine of Lancaster 29 ✿ The like to the Chamberlaine of Chester 30 ✿ A Supersedeas of an attachment 31 Of an Iniunction 32 Of apparance 33 Of a Dedimus potestatem to receiue an answere 34 Of a Supersedias 35 ✿ A Commission vpon a false Affidauit 36 Of an imperfect Answere 37 Reioyning and ioyning in cōmissiō ad examinand ' testes 38 A Commission ad examinand ' testes 39 A Note by the Commissioners to giue c. 40 Of cyting witnesses 41 A Subpena ad testificand ' 42 The Stile of Interrogatories 43 The Stile of the Deposicions thereupon taken 44 Of Publication Hearing and Breuiates 45 ✿ A Commission to the Sherife to keepe the plaintife in possession 46 ✿ A Commission to certifie depositions taken by Commission 47 A Commission to examine witnesses in perpetuall memory 48 Subpena ad testificandum super peticion̄ 49 Aliter ad testificand ' ad Assisas super articulos 50 Subpena ad ostend ' causam quare euidēc ' non deliberent̄ 51 Subpena ad testificand ' ad Assisas in London 52 Subpena ad testificand ' coram Vicecom̄ London 53 Subpena pro Euidentijs adferendis 54 Aliter pro Obligatione deliberand ' 55 Subpena de Atturnat̄ faciend ' 56 Commission ad ●ecipiendum ad examinand ' testes c. 57 Commissio ad audiendum terminand ' c. 58 Commissio ad examinandum testes ad locum c. 59 Commissio ad superuidendum distinguendum vastum 60 A Commission to the L. Deputie of Ireland and the Lord Chauncellor for the hearing and determining of a Title of land 61 What a Bill of complaint is 62 The direction of bils 63 What an answere is 64 What a Replication is 65 What a re●oinder is 66 What a Surreioinder is 67 A Bill of complaint for entering and making secrete estates of the land wasting part therof mingling part with other lands to disherite the plaintife by hauing the writings thereof 68 The answere to the bill 69 The replication to the answere 70 A bill to stay suite at the Common lawe vpon an obligacion 71 A bill for the withholding of a writing and taking the profites of the land and false charging of the plaintife with the esloyning of a Cowe 72 The aunswere thereunto 73 A bill to be relieued for obligatiōs made for Simonie 74 A bill for Bourding 75 A demurrer for double vexation 76 A bill for not surrendring a lease in trust for wasting tenths demised and withholding of writings 77 A bill by an administrator vpon a promise made to the intestate of certaine mariage money to bee paid by the defendant 78 A bill for entering into and detayning lands by colóur of hauing the euidences thereof and for contriuing secreet estates 79 A bill for certaine money that should haue beene paid in consideracion of a lease agreed to be made of land 80 An aunswere and demurrer to the same bill 81 The Replication to the said answere and demurrer 82 A bill for money lent without specialtie and witnesses 83 The aunswere thereunto 84 A Bill for deteyning of bonds paid and praying an Iniunctiō to st●y sute thereupon 85 A Bill to examine witnesses in perpetuam rei memoriam 86 A Bill for deliuery of sheepe by an executor conuerted to his owne vse 87 The answere thereunto 88 The replication to the answere 89 A Bill for a debt vpon a contract without witnesses 90 The answere and demurrer thereunto 91 A Bill to bee discharged of bondes made vpō promise not to be preiudiced therby laying open diuers Iewde practises by the defendant 92 A Bil for receiuing of the plaintifs goods of his wife and the detaining of them 93 The answere thereunto 94 The Replication to the answere 95 A Bil for that the defendants haue gottē the plaintifes bill whereby they stood bound vnto him meaning thereby to defraud him of his debt 96 A Bill for wrongfull entrie into lands detayning of the writings wasting the same and contriuing secret estates 97 A Bill for deteyning of a lease for yeeres 98 A Bill by an Executour for money for boording 99 A Bill for not entring into bonde to saue a suertie harmelesse according to promise 100 A Bill for making falfe Affidauit for appearance 101 A Bill to bee releiued of an