aide in Chancery If a man grant a rent charge out of all his Lands and afterwards selleth his Lands by parcels to divers persons and the grantee of the rent will from time to time levy the whole rent upon one of the purchasors onely he shall be eased in Chancery by a contribution from the rest of the purchaseâ—s and the grantee shall be restrained by order to charge the same upon him onely A man recovered at the common Law a debt in one County where the obligation was made in another county against the Stat. 6. R. 2. c. 2. The Defendant sued and suggested in Chancery that by this meanes he was put from divers Pleas of which he might have taken advantage if the obligation had been sued in the very County and he had ayde there for the Chancellor said that he sued to hide the truth and against conscience also which cannot be so well found in any place as in the very County where a thing is done 9. E. 4.2 and 9. E. 4.15 A man shall not be prejudiced by formality or mispleading c. Touching Copy-holders Mr. Fitz-Harbert in his Natur. Brevium fol. 12. noteth well that forasmuch as hee cannot have any writ of false Judgement nor other remedy at common Law against his Lord therefore he shall have aide in Chancery and therefore if the Lord will put out his Copyholder that payeth his customes and services or will not admit him to whose use a surrender is made or will not hold his Court for the benefit of his Copyholder or will exact fines Arbitrary where they be customary and certaine the Copyholder shall have a Subpoe to restraine or compell him as the Case shall require Dyer 264. and 124 Fitz. Subpoena 21 First this Court forbeareth directly to examine any Judgement given at the common Law to which end the Statutes 27. E. 3. cap. 12.39 E. 3. cap. 14.4 H. 4. cap. 23. and 16. R. 2. cap. 5. were made and it seemeth that the common Law used some power to restraine such examinations of Judgements before all these Statutes for 13. E. 3. upon a recovery had upon a Quare impedit the Defendant sued for help in the Chancery and they sent a prohibition and upon that an Attachment against him Fitz-Harbert prohibition 21 the like hath been done upon suits in the courts of requests But yet 9. E. 4.65 one recovered debt upon an obligation in one county whereas the obligation was made in an other county and he complained in Chancery because he had lost some advantages which he might have taken if the triall had been in the other county which thing in effect was made a Law by the Statute 6. R. 2. c. 2. And in the Case of Paramore Ann. 3. 13. Eliz. A fine supposed to be levyed by an Infant was examined in Chancery after it had been allowed by examination of the Justices of the com Pleas but whether these and such other may seeme rather to examine the manner then the very matter and substance of the thing adjudged it is worthy of consideration Sir Will. Cordall Mr. of the Rols denyed to compell one to atturn here that was at liberty by the common Law in the Case of Sir Iohn Windham Chancellor Bromeley likewise denyed such compulsion generally but where the party quarrelled with the particular Tenants Estate or entreth iuto some part of the Lands in demise or hath covenanted for recompence for non atturnment there he utterly denyeth to inforce the atturnment Pasch. 21. Eliz. in Case of Philips and Doctor Sandford Such assurances as be used for the common repose of mens Estates the Chancery will not draw in question for a fine with Proclamation ought after the five yeares to be a bar in conscience as it is in Law so shall it be of a common recovery for docking the intaile Doctor and Student 33.155 So likewise it seemeth that the continued possession of the Bastard eisne shall prevaile in conscience against the right of the Mulier â—â—sne And albeit a feme covert may be thought to joyne with her Husband for fear in a fine of her lâ—nds yet after the five yeares it shall not be recalled for the generall inconveniences that may ensue to that highest assurance Doctor and Student 154. And if remedy in Chancery should be extended to a Collaterall Warrantye the same Saint Germaine saith that then all writings shall be examined If the extender undervalue the Lands as there is no remedy at the common Law 15. H. 7. Dupleges Case because the Debtor may help himselfe by payment of the debt so in conscience there ought to be no reliefe unlesse it were done by Covin. Idem Upon Nudum PactuÌ„ there ought to be no more help in Chancery then there is at the common Law neither against him that hath waged his Law in debt though peradventure falsely Idem Where a man made Title to a rent seck of which there was no seizin nor for which he had any action at the common law and prayed help here it was denyed upon conference had by the Lord Keeper with the Judges Michal 1596. A Copyholder dyeth leaving two daughters by divers Venters both which do enter and take the profits without doing fealties or paying fine and without any admittance by the Court and the eldest dyeth without issue This onely possession sufficeth to order the Copyhold to the collaterall heir of the eldest and not â—or the sister of the half bloud 12. Eliz. Dyer 291. A Copyholder in Fee hath issue a daughter and a son by two venters the Lord committeth the custody of the Land and of the son to the Mother who taketh the profits and the son dyeth before any admittance this Copyhold was ordered also for the Heire Collaterall against the Sister of the halfe bloud because the Mothers possession serveth for the son Anno 12. Eliz. Ibid. The Lord devised a Copyhold to C. for life and after passed the Freehold of the soyle thereof by livery of seizin thereof to B. for life reserving a rent and then by fine levyed doth grant the said Land to the said C. come ceo que il ad de son done c. And C. accepteth the said rent of B. and thereupon it was questioned whether or no the Copyhold of C. were gone in conscience 28. H. 8. Dyer 30. A Copyholder within age is admitted and the Lord committeth the custody to the Mother of the Infant whose under-Tenant cutteth down Timber Trees which being presented the Lord seizeth the Land for the forfeiture during still the nonage and keepeth it till he dyeth and it descendeth to his Heire who and his Father had kept it 40 yeares and for that the Copyholder moved suite in the Chancery 29. yeares since which was now revived and the forfeiture was taken during his minority he was restored to his possession
till the Lord should recover it for the forfeiture by the common Law in the case of Mr. Litton Mich. 41. and 42. Eliz. Justice Clench and the Masters Tenure by Tenant Right as it is usuall towards the borders of Scotland shall not pay any uncertaine fine or incombe at the change of the Lord by alienation but by death which is the Act of God for otherwise the Lord might weary the Tenant by frequent alienations but it may be fine uncertaine upon the alienation of the Tenant as well upon death as discent for that it is the Act of the Tenant and in his power Sir Thomas Egerton Mich. 1599. Case Mannor de thwaites les Iustices accord the same holdeth in Copyholders for the custome must be reasonable A Copyholder in Fee surrendreth to the use of one and to his Heires upon condition of redemption writeth downe his debts and willeth part of his Copyhold to be sold for payment of his debts after his death one of the creditors payeth the money at the day to the morgage who neverthelesse inrolleth the surrender afterward this other creditor complaineth against him and the Heir in Chancery and had a decree that the Copyhold should be sold for the payment of debts and the remainder of it if any were should discend to the Heire 41. Eliz. For although the devise of the Copyhold be void yet to take it from the surrendree who held it onely for money to be paid and to pay him and the other creditors therewith hath good warrant in equity and the Heire hath no wrong for that it was gone from him by the surrender lawfully Termino Trinitatis 40. Eliz. the Lord Keeper Sir Thomas Egerton pronounced openly that he for avoyding perjuries and other abuses would not give help to a Lease claimed by paroll onely One Cutting brought an action upon Assumpsit for one hundred pound against the Executors of a Testator that promised the money in marriage with his daughter and recovered at the common Law which judgement was reversed in the Chequer Chamber but Cutting sought help in Chancery where it was proved that the Executors had Assets for Funeralls Debts and Legacies with a good overplus to satisfie the complainant and therefore after hearing and report thereof by Doctor Stanhope and Mr. Lambert it was decreed for the complainant but the Executor exhibited his Bill for remedy upon which Justice Owen thought he was not to be heard till he had satisfied the decree and then also but onely upon new matter not thus resting the Executor exhibits a second Bill which was referred to Master Lambert but he excused himselfe that he was not to judge in his own cause and recommended it to the censure of the Lord Keeper who ordered the Executor to performe the first decree Micha 40. Eliz. 1598. Trinity 41. Eliz. The Lord Egerton pronounced openly that he would give none aide in Chancery â—or the maintenance of any perpetuities nor of any Lease for hundredâ— or thousands of yeares made of lands holden in Capite because the latter be grounded upon fraud and the former be fights against God A. was bound in a Statute to B. And one C. lendeth 100 l. to A. with which A. bought lands and assured the same to C. for his hundred pound A faileth in payment B. extended that land C. was denyed help in Chancery although the land was bought with his mony for B. hath priority of right in Law without Covyn Crompton 63. a. A. delivereth twenty pound to B. to the use of C. a woman to be delivered her the day of her marriage before her marriage A countermandeth it and calleth home the money C. shall not be ayded in Chancery because there is no consideration why she should have it Dyer 49. A Term or devised his Terme and whole Lease to B. Provisoe that if B. dye living C. Then the Terme shall wholly remaine to C. B. selleth the Terme and dyeth living C. And by the opinion of the Justices C. shall have no remedy Dyer 74. The Vice Countesse Mountague claimed the Wardship of the body of the Heire of a Tenant of hers which was esloyned from her 〈◊〉 she suspecting some of the Heires friends exhibited her Bill in Chancery and it seemed they should not answer to charge themselves criminally especially in this Case where so great a punishment as abjuration may follow c. Cromer and Peniston married two Sisters joyntly possessed of a Lease for yeares the wife of Cromer dyed Peniston claimed the whole by Survivor Cromer exhibited a Bill suggesting that Peniston had in her life time severed the joyneture by some act â—ecretly The Lord Keeper over-ruled that the defendant should not answer Mich. 39. and 40. Eliz. As concerning confidence secretly knit to Estates it hath manifold considerations first if my Feoffee upon confidence doe infeoffe another bona fide that knoweth not of the confidence I am without remedy Fitz Harbert sub 19 But if the second Feoffee have notice of the use he shall be compelled here to performe it 5. E. 4.7 So if my Feoffee dye and the land discend to his Heire I have no remedy against him 8. E. 4.6 All the Justices and this confidence extendeth not onely to the taking of the profits but also that the Feoffees shall doe acts for the good of the Feoffor and if the Feoffor require him to make an estate to any other he oâ—ght to doe it but thereof he ought to have request in writing for he is not to doe it upon a bare message or upon desire by word onely 37. H. 6.35.36 And if the Feoffor will have him make an Estate to I. for life the remainder in Fee to B. though I will not take the Estate yet B. shall compell him to make Estate to him in the life of I. ibid. 36. Finch So if the Feoffee be disseised the Feoffor shall compell him to sue an Assize 2 E. 4.7 Neverthelesse those Feoffees might grant necessary Offices as Stewardships Bailyweeks c. though they may not grant Annuities to learned men to defend the Land 8. H. 7.12 They may also as it seemeth give Fees to Councell and shall have allowance thereof so far as they are from being maintainors If I give money to one to purchase Lands therewith to him and his Heirs and to permit me to take the profits thereof during my life and he with-holdeth the profits he shall be compelled by Subpoena Crompton Fol. 48. b. If Cesti que use be attainted of Felony the Lord shall not be ayded by Subpoena to have his escheat and if the Heir be barred by the corruption of his bloud then the Feoffee as it seemeth shall retaine the Land to his own use 5. E. 4.7 Feoffments of use Brooke 34. When the use is to the Feoffee and his Heirs without any other intent there Cesti que use
Lessee maketh waste and because he in the Fee hath no remedy by the common Law and waste is a wrong prohibited he shall be holpen in Chancery Crompton 48.6 And not every barre or stopell in Law ought also to bind in Chancery For if a legitimate daughter and her sister a Bastard do joyne in suing of their livery this ought not to barre in conscience howsoever it may estop in Law Doctor and Student 34. It is usuall in a Bill of Chancery ro object that the Case hath proper help at the common Law and 21. H. 7.41 where one assumed for 10 l. to Lands to another It was said he might have action upon his Case and not to sue in Chancery to compell him to make the Estate but these helps be divers and not the same for by the one he seeketh the Land and by the other he demandeth damages onely And therefore I see not but that the Petition in Parliament might have prevailed if it had stood upon that point onely and at this day it is taken for a good cause of dismission in most causes to say that he hath remedy at the common Law and where an action upon the Case for a Nusans and damages onely are to be recovered the party may have help here to remove or restore the thing it selfe quod est idem A Leassed lands for 21. years and let other lands at twill to B. that had lands in the same Town who makes a Lease for life to C. of his own lands and of A s. and then by Fine all is conveyed to B. he payes the rent to A. still the five years passe by the opinion of all the Judges delivered to the Lord Keeper this fine shall not Bar A. quia apparet per le payment del rent and cest case fit subscribe per Popham Andersan 12. Feb. 160 1.40 Eliz. Nota que Executor non poit estre a trust unlesse he have an especiall gift in the will and that may then be in trust otherwise the generall trust of an Executor is to pay debts and legacies and of the surplusage to account to the ordinary in pios usus 44. Eliz. 8. Iunii 1602. A woman sole takes consideration for making a Lease for 21. yeares and then marries and she and her husband made the promissed Lease at the 21. yeares end the Lessee surrenders and takes a new Lease for 21 years more the husband dyes the wife oustes the Lessee who sues in Chancery to have the first Lease continued rest for the first 21 yeares and not remedyed here the surrender being voluntary 44. Eliz. Two Joynt-Tenants the one takes the whole profits no remedy for the other except it were done by agreement or promise of account 8. Iunii 1602. 44. Eliz. A defeÌ„ not being a principall defendant might be read at a witnesse if he were examined on the plaintants party in another suit betweene other persons in Case of Kingston upon Thames 10. Iunii 1602. 44. Eliz. A custome of discent in a Mannor and many other things were in controversie between the Lord and Tenants and between the Tenants themselves And in the tenth Eliz. a generall agreement made by Deed indented and a Bill in Chancery for establishing the same but no Record to be found but the Deed inrolled though all the Tenants of the said Mannor shall be stopped in the Chancery to speak against this Cac est quae le Repes del realme notwithstanding pretence was made Philips being of councell with the defendants that agreement cannot alter a custome in Law that some were infants some â—eme coverts at the time that the Lord was but Tenant in taile of which opinion was Mr. Cooke Attorney generall and Justice Gawdy 10. Iunii 1602. 44. Eliz. If a Statute be acknowledged in my name by a stranger I shall have an action of disceat against him but I shall not avoid the Statute or recognizance but if it be acknowledged by one of the same name with me I shall avoyd it by Plea 23. Iunii 1602. 44. Eliz. The opinion of the Courts is that uses may be raised by covenant for Jointures but power to make Leasses in that sort cannot passe but it may be done by Fine or transmutation of possession if the covenant be that the owner will stand seize to those uses 27. Iun. 1602. 45. Eliz. Whether Copyholders may be intailed and held that they may not by the Statute de donis conditionalibus but by the common law denante and that surrenders or plaints in nature of fines and recoveries may bar these state tayles as well in the Court Baron as at the common law if the custome have been such which is the rule in these cases 3. Feb. 1602. 45. Eliz. Administrators in nature of a guardian to an infant being Executor exhibits on his behalfe a Bill in Chancery the infant depending the suit comes of full age this abates not the Bill by the opinion of the Lord Chancellor Egerton 7 Feb. 1602. 45. Eliz. Doctor Ford by his will devised certaine lands to his wife in these words non per viam fidei coÌ„missâ—â— for which his sonne might sue her but hoping if his Son grew thrifty that at her death she would leave the remnant of these Leases to him she married Greysill but before marriage Greysill wrote unto her that she should have the disposing of those Leases at her death after the marriage Greysill sells the Leases Ford brings his suite in Chancery and had no help by the opinion of the Court 31. Maii 1. Iacob 1603. Inter Tomley and Clench It appeared by testimony of ancient witnesses speaking of 60 years before and account Books and other writings that Francis Vaughan from whom Tomley claimed was mulier and Anthony from whom Clench claimeth was a Bastard and the possession had gone with Tomley 50 yeeres In this Case the Lord Egerton not onely decreed the possession with Tomley but ordered also that Clench should not have any tryall at the common law for his right till he had shewed better matter in the Chancery being a thing so long past it rested not properly in notice de pais but to be discerned by Books and Deeds of which the Court was better able to judge then a Jury of Plough-men notwithstanding that exceptions were alleadged against those ancient writings and that for the Copyhold-land the verdict went with Clench upon evidence given three dayes before Serjeant Williams that Anthony was Mulier 31. Maii. 1. Iacob 1603. Sir Edmond Morgan married the widdow of Fortescuhe had his wives lands distrained alone by the Grantee of a rent-charge from her former Husband and therefore sued the Grantee in Chancery to take a ratable part of the rent according to the lands he held subject to the distresse and notwithstanding the Lord chiefe Justice Pophams Report who thought this reasonable the Lord Chancellor
Egerton will give him on this Bill no reliefe but ordered that he should exhibit his Bill against the rest of the Tenants and Grantee both the one to shew cause why they should not contribute the other why he should not accept of the rent equally otherwise it was no reason to take away the benefit of distresse from the Grantee which the Law gave him 7. Iunii Iacobi 1603. A. In forma pauperis had a decree against C. for the Mannor of B. that the contents of the Mannor were doubtfull C. shewing Antient Deeds that proved divers parcels of the Lands claimed by force of the decree by A. to be of another Mannor which notwithstanding the Lord Chancellor Egerton ordered that it should be put to a Jury and they to find as the contents of the Manor had gone by usuall reputation 60. years last and not to have it paired and defalked by such Ancient Deeds A. Married a Feme Executrix subject to a devastavit if A. have nor sufficient to satisfie himself shall be imprisoned for the debt A. Plaintant in Chancery for a Lease upon a Bill that affirmed the Lease to end at our Lady day An. 1604. had the same decreed for him many yeers after comming to the Lease it selfe he finds that it is not to end till our Lady An. 1605. And then moves in Chancery that he may not be forced to leave the land till that time as the decree appointed him qui constitutus est cancelâ—arius 24. Iulii ad Coronam Regis for the first he must performe the decree and then exhibit a new Bill upon the speciall matter otherwise it were perilous to blow away decrees upon motions Hil. 1. Iacobi Gosset com Crowther fol. 122. Henry Earl of Darby conveyed certaine lands in trust to Doughty his servant for payment of his debts upon mediation of an end of controversies between the daughters of Fardinand eldest son of Henry and Will his younger son now Earl Articles were set down that Will should discharge all his fathers debts whereupon Doughty conveyed the Leases to Will the creditors sue Doughty in Chancery and ordered to pursue their remedy against Earl William Hill 1. Iacobi Hearle plaintant in Chancery against Botâ—lers moâ—ther and son whose husband had bought tayled lands of Hearles brother to which the plaintant was inheritable and some of the money due upon a bond unpaid and the bond lost And the opinion of the Lord Chancellor was to charge the son the mother in regard of the land in their possession with the payment thereof Hil. 1 Iac. Nota in le case Mynn and Cobb the trust was not so fully proved as the Lord Chancellor would make a full decree thereupon so as it should be a presedent for other causes and yet so farre forth proved as it satisfied him as a private man and therefore in this case he thought fit to write his letters to the defendant to conforme himselfe to reason and affirmed that if he should find the defendant obstinate then would he rule this cause specially against the defendant sans la tires consequence Hill 1. Iacobi Nota in the case of Manwood that there behoveth not a full surrender to be expressed in the Copy but the devise is chiefely to be regarded if the surrender be perfect in the Roll of the Lord though there be no mention at all of a surrender good enough Hill 1. Iacobi Inter Swain and Rogers the case was in effect an Assize of Nusans for Rogers disturning the trenches and plucking up of stakes of Swaynes Mill Leet and making a banck or dam beneath that made the water reflow so as the wheeles could not goe and exception taken that the Court should not hold Plea thereof sed contrarium adjudicatur many causes of the same manner ended here and this specially for Rogers a great man in the country Swayne a professor of the Law who sought hereby to avoyd multiplicity of suits per Warburton Justice but upon a second hearing at the Rolls referred to a Commission of Sewers Hill 1. Iacobi Nota per Egerton Chancellor where Tenant for life the remainder for life though there lye no action of waste in Chancery yet he shall be prohibited to do waste by the Chancellor for wrong to the inhabitants and hurt to the common-wealth Hill 1. Iacobi Bloomer having married the widdow of Nanfan who had forfeited a Recognizance to the Archbishop of Canterbury for not paying of her daughters Portion intreated the Bishop of Canterbury to take a new Recognizance and discharge the former Bloomer after finding that his wives lands was intailed used meanes to have her by Fine or recovery to put it into Fee that so it might be subject to the Recognizance and hoped to get it from his wife also One Bridges his wives kinsman withstood this now dyeth the woman the Portion unpaid Bloomer is sued for it in Chancery and the opinion of the Court against him the Bishop of Canterbury had certified against him and because his counsell was not ready that day the Chancellor declared he must take the Archbishops Certificate not as a Testimony but as a judiciall proceeding and therefore willed Bloomer to satisfie the Archbishop or else he must decree against him Hill 1. Iacobi Nota that witnesses ad informand conscientiam shall never be appointed to be taken but upon hearing ubi Iudex dubitat but yet witnesses examined after publication not fit to be published may be fit to be ad informandum conscientiam if it shall be thought meet upon the hearing Hill 1. l. Daniel Hill having put in for his Clyent a long insufficient demurrer to a Bill exhibited against his Clyent in which supposed demurrer were many matters of fact and other things frivolous and vaine The Lord Chancellor Egerton awarded five pound costs against the party And ordered that neither Bill Answer Demurrer nor any other Plea should from henceforth be received under the hand of the said Hill 27. April 1. Iacobi In the case of Tenant right between Musgrave and some of his Tenants on the borders The Lord Chancellor pronounced that neither in Tenant right nor in other Coppyholds would he make any order for all the Tenants in generality but for speciall men in speciall cases nor for any longer time then the present except it were by agreement between the Lord and the Tenants which then he would decree if it appeared reasonable 8. Iunii 1. Iacobi Item that he neither would help Leases paroll in Chancery and that it was good for the Common-wealth if no Lease paroll were allowed by the Law nor promises to be proved by witnesses considering the plenty of witnesses now a dayes which were testes diabolices qui magis fame quam fama moventur 8. Iunii 1. Iacobi Lands given ad divina Celebranda by Feoffement till an Estate should be
is ordered the plaintant shall between this and Friday next bring into this Court a certificate from the officers of the Queens house or otherwise whereby this Court may credibly understand that his attendance in Court is necessary and that he cannot conveniently be absent or if he cannot so doe then the matter is remitted to the determination of the Commissioners in the marches of Wales Phillip Mannering plaintant Henry Smallwood and Alice defendants Anno 1. Eliz. fol. 51. Mannering plaintant Smallwood and Alice defendants for want of a certificate that the plaintants attendance in Court is necessary the cause is dismissed into the marches of Wales Anno 1. Eliz. fol. 62. The plaintants husband was bound in a Statute of 160 l. to pay 160 l. and after by Indenture the defendant did grant unto the plaintants husband that if he failed in the payment of the said 160 l. the same should be levyed of certaine lands then the said plaintants husbands lands called Stirbeck and some other lands specially named lying in Hawthorne in the County of Lincolne the husband dyed and the defendant sued execution as well of other lands in the occupation of the plaintants late husband as of the said lands mentioned in the Indenture And Sir Nicholas Bacon Lord Keeper of the great Seale of England granted an injunction against the defendant immediately to remove from the possession of all the other lands except of those onely contained in the Indenture and that he should quietly suffer the plaintant to enjoy the same Margaret Pulvertost widdow plaintant and Gilbert Pulvertost defendant Anno 1. Eliz. fol. 51. An Injunction was granted to the plaintant upon the surmises of his Bill with this clause si ita sit that the plaintant be in possession by good conveyance in Law as he alleadgeth Nota it was then usuall to grant Injunctions upon surmises with a proviso si ita sit Fodringham Christopherus plaintant Richard Chomeley defendant Anno 1. Eliz. fol. 67. Forasmuch as the defendant is under age and by inspection not above the age of fifteen yeers therefore George Wyat is by this Court named and appointed Gardian to the defendant Hugh Langley plaintant and Philip Mark defendant Anno 1. Eliz. fol. 73. A Commission is awarded to the Sheriffe of Nottingham and â—erby to put the plaintant in possession of certain lands for which he formerly had an Injunction against the defendants which they have disobeyed William Boles plaintant Richard Walley and Alice defendants Anno 1. Eliz. fol. 84. The defendant is enjoyned in open court upon paine of 200 l. not to proceed any further in an action upon the case by him commenced in the Kings Bench against the plaintant nor that he procure the Jury to be sworne in the issue but onely to record their appearance untill to morrow at which time further Order shall be taken by the Court George Riche plaintant Edmond Foard defendant Anno 1. Eliz. fol. 88. Upon information the defendant disobeyed a writ of subpoena brought to be served against her and that they which should have served the said writ were beaten and wounded therefore an Attachment was granted against the defendant and a subpoena against Edmond Pirton returned immediate William Rove and Rose his wife plaintants Agnes west widdow defendant Anno 1. Eliz. fol. 90. and 97. Where the said Edward Pyke hath of long time been aâ—d yet is in execution upon a Statute at the suite of the late King Edward the 6. Forasmuch as upon the examination of the matter befoâ—e the Lord Keeper of the Great Seale of England in open Court it manifestly appeareth that there was not just cause why the said Pyke should remaine in execution as Gâ—lbert Gerrard and Rosewell Esquire the Queenes Majesties Attorney and Solliciter Generall being present did confesse and agree It is therefore now ordered that a Writ of supersedeas be directed to the Warden of the Fleet in whose custody the said Pyke now is commanding him by the same forthwith upon the receipt thereof to deliver out of prison the body of the said plaintant provided alwayes before his deliverance he be bound to her Majesty by Recognizance in 100 l. not onely to make his further appearance to answer her Highnesse any thing hereafter shall happen to be laid to his charge concerning the said execution but also to stand to and obey all such order and determination as the said Lord Keeper of the Great Seale and this court shall hereafter take in the matter in variance between him and the said Graunt Edward Pyke plaintant Robert Graunt defendant Anno 1. Eliz. fol. 166. Pakine the Husband onely appeared and put in a demurrer in both their names without oath of impotency or otherwise for non appearance of Ioan his wife whereupon an Attachment is awarded against the defendants Thomas Spicer and Katherine his wise plaintants Iohn Pakine and Ioanâ— his wife defendants An. 1. Eliz. fol. 170. Thomas Hodge plaintant William Smith defendant the defendant demurred by his Counsell not appearing in person therefore a Subpoena was awarded against him to make a direct answer An. 1. Eliz. fol. 230. Iohn Iackson Attorney for the defendant at the common Law is in open Court enjoyned that neither he nor any other by his means do further proceed in an action of tresp commenced against the plaint and depending at the coÌ„mon law nor call for Judgement untill further order shall be therein taken by the Lord Keeper of the great Seale of England and high Court of Chancery Iohn Sedgewick and Alice plaintants Will Redman defendant An. 1. Eliz. fol. 212. The plaintant served the defendant with a Subpoena to appear in Chancery whereof he made oath and because the defendant did not appear and Injunction was awarded against the defendant his Councellors and Attorneyes upon paine of 200 l. not to proceed in Judgement in an action of debt of 40 l. in the common Pleas against the defendant An. 1. Eliz. fol 213. Thomas Knot plaintant Thomas Iackson defendant David Eyre was served with a Subpoena ad testificandum for the plaintant in a cause depending in this Court and Thomas Eyre made oath that the said David Eyre was at the serving of the said Subpoena upon him and yet is so sick that he is not able to travell hither to testifie therefore a Commission is granted to such Commissioners as the plaintant will nominate to examine him Iohn Wade plaintanr Gwye and Alice defendant An. 1. Eliz. fol. 240. An Attachment was awarded against the defendant for his not appearance upon oath he was served with a Subpoena who now appeared gratis and would have excused himselfe that he had no notice of the Subpoena but he that served the Subpoena deposed he did hang the same upon the defendants doore and within halfe an houre after saw him abroad with a writ in his hand which he supposed to be
oath he saw a Subpoena served upon the defendant Dinnis plaintant Morgan defendant An. 21. and 22 Eliz. The plaintants Bill is to be relieved for Copyhold lands the defendant doth demurre for that the lands are Ancient demeasne lands of her Majesties Mannor of Woodstock and there onely pleadable it is ordered a Subpoena shall be awarded to the defendant to make a better answer Wilkins plaintant Gregory defend An. 21. and 22. Eliz. Upon a Subpoena in perpetuall memory the defend appearing assented to joyne in Commission so as the Lord Bacons orders touching examination of witnesses in perpetuall memory might be observed but upon motion it was ordered that the Commission should be made generall as in like cases where the parties joyne for that it seemed to the Court the Lord Bacons orders were intended to be observed where the plaintant hath a Commission alone Dominus Dacres uxor plaintants Southwell defend Anno 21. and 22. Eliz. The plaintant desired to be relieved for a Lease made by the defendant to him for yeares which the defendant endevoureth to impeach because in the premises of the Lease there is no Leassee named but onely in the Habendum and the cause being referred to the two Lord chiefe Justices and the Lord chiefe Baron they certified their opinion in Law that the Lease was good in Law notwithstanding the Leassee was not named in the premises of the Lease but in the Habendum and therefore decreed accordingly that the plaintant should hold the said Lease Butler plaintant Dodton defendant An. 21. and 22. Eliz. The case is that the Lord Wray and Sapcotes father were made executors to the use of Children Sapcotes father having gotten a great part of the testators estate into his hands deviseth divers Legacies to strangers maketh the defend his Son Executor and dyeth and the defend by answer confesseth his Father had divers goods of the first testators in his hands but said that the defendant had not goods sufficient more then would satisfie the Legacies given by his Father therefore ordered that the defend shâ—ll first pay to the plaintant the goods which were the first testators and so much of his Estate as came to his Fathers hands Wray chiefe Justice plaintant Sapcote defendant Anno 21. and 22. Eliz. The plaintant setteth forth in her Bill that she joyned with her husband in sale of part of her inheritance and after some discord growing betweene them they seperate themselves and one hundred pound of the money received upon sale of the Lands was allotted to the plaintant for her maintenance and put into the hands of Nicholas Mine Esquire and Bonds then given for the payment thereof unto Henry Golding deceased to the use of the plaintant which bonds are come to the defendant as administrator to the said Henry Golding deceased who refuseth to deliver the same to the plaintant and hereupon she prayeth reliefe the defendant doth demurre in Law because the plaintant sueth without her husband and it is ordered the defendant shall answer directly Mary Sanky alias Walgrave plaintant Goulding defendant An. 21. and 22. Eliz. The plaintant served the two defendants with one Subpoena but exhibited two Bills the defendants appeared and answered the one but not being served with any other Subpoena to answer the second departed whereupon an Attachment is awarded against them and ordered the defendants answering the second Bill be discharged of the Attachment Ap Rice plaintant Granoe Grannoe defendants An. 21. and 22. Eliz. The defendant demurred generally without shewing any manner of cause and therefore ordered that a Subpoena be awarded against him to make a perfect answer Duffield plaintant Greaves aliis defendants Anno 21. and 22. Eliz. The plaintant as sole Executor to Robert Maunder exâ—ibited a Bill against the defendants for the same matter for which the plaintant and David Gome as Executors to the same Maunder exhibited another Bill and ordered that both Bills should be referred and if both for one cause the defendants shall be dismissed from one of the Bils with costs Iohn Maunder plaintant Iohn Wright aliis defendants An. 21. and 22. Eliz. Christopher Askame hath made oath that Iohn Bleverhasset being a deponent in perpetuall Memory is dead and Iohn Harrison another of the deponents is and hath been of long time sick and not able to travell without danger of his life and that their depositions are very needful for the plaintant to be given in evidence in a matter now depending at the common Law Senhawes plaintant Senhawes aliis defendants An. 22. Eliz. The defend made oath the plaintant caused him to be served with a Subpoena the Saturday before the end of the Terme returnable the Thursday following being but two dayes before the end of the Terme he the defendant dwelling in Devonshire sevenscore miles distant from London wherefore the defend could not conveniently appear and make answer by the returne of the said Subpoena and yet neverthelesse the plaintant had procured out an Attachment against the defendant therefore and for that the plaintants Bill is but for evidences it is ordered the defend be discharged of the Attachment putting in his answer Smith plaint Weare defendant An. 21. and 22 Eliz. Upon certificate of Henry Vgheard and Thomas West two Commissioners that Thomas Marshall one of the defendants witnesses being warned by precept from them refused to appear before them and that Roger Taylor another witnesse appeared but refused to be examined because he sollicites the plaintants cause it is therefore ordered that the defendant shall examine before one of the examinors of this court before the end of this Terme as well the said Roger Taylor upon any Interrogatory which shall not be touching the secrecie of the title or of any other matter which he knoweth as sollicitor onely as also the said Marshall or any other necessary witnesse whereof the defendant shall first set down their names so that the plaintant may likewise examine them if he will Kelway plaintant Kelway defendant An. 22. Eliz. It is informed that the plaintant exhibited his Bill without a Councellors hand or retaining an Attorney and the same is for matter formerly decreed therefore ordered if cause be not shewed to the contrary and if the Bill be to bring the matter in question that was decreed then it is ta be dismissed Bingham plaintant Warren defendant Anno 22. Eliz. The defendant demurred upon the Bill for incertainty which was certaine enough And also for that all the parties are dwelling within the Jurisdiction of the Marches of Wales which is no cause of demurrer for title of Lands therefore ordered if cause be not shewed a Subpoena is awarded against the defendant to answer Keyes plaintant Hill uxor Defendants Anno 22. Eliz. The plaintant exhibits his Bill touching a practise and mis-behaviour supposed by the plaintant to be used by the
The matter complained of by the Bill is for 5 l. debt for Fish therefore dismissed Foord Foord plaintants Richards defendant Anno 21. Eliz. Symonds Brocebridge made oath that the said Elizabeth and Anne two of the defendants are above the age of 70. yeares a peece and that the said William was comming up to London in his company and they were both robbed and William his horse taken from him whereby hee could not come to make his appearance therefore a Commission is granted to take all the said defendants answers in the countrey Hill plaintant Elizabeth Worley widdow William Stapleton and Anne his wife defendants Anno 21. Eliz. Memorand that the 20. day of February last Sir Nicholas Bacon Knight Lord Keeper of the Great Seale of England dyed at York house and the Seale being the same day sent for by the Lord Treasurer remained with the Queenes Majesty till the 12. day of April last on which day the same was delivered to Sir Tho. Bromly Knight Lord Chancellor of England Paschae 21. Eliz. Whereby an order of the 10. of Feb. last a Subpoena was awarded against the defendant to shew cause wherefore an award therein mentioned should not be ratified Now Mr. Flowerdew of councell on the defendants behalf informeth that the said award was not made by any order of this court and therefore desired that the said defend may not be compelled to performe the same It is ordered that Councell on both sides shall attend the morrow sevennight and then order shalll be taken Barkley Miles plaintant Moore defendant Anno 21. Eliz. The plaintant exhibited his Bill as a priviledged man to Sir Francis Kempe Prothonotary of this Court for Lands lying in the County Palatine of Chester and for that it appeared by Letters Patents openle shewed in Court under her Majesties Great Seale of England that this Court by any priviledge should not hold plea of any Lands lying within the said County Palatine It is therefore ordered to be dismissed if the plaintant shew not good cause William Lomley plaintant Thomas Greene Thomas Marlow Robert Taylor and Iames Wagge defendâ—nts An. 21. Eliz. The plaintant was adjudged to pay the defen. 37 s. 6 d. costs for that he being served with Subpoena in Hillar Terme appeared and by his answer disclaimed and yet after the plaintant served him with a Subpoena to rejoyne but afterwards the same costâ— were discharged by motion for that the defendant had before the costs put in his rejoynder but upon a disclaimer no costs is to be allowed Read plaintant Hawstead alias Lane defendants Anno 21. Eliz. The defendant was taken upon a Commission of Rebellion at the plaintants suite required his costs to be allowed him the Court asking the opinion of the Clerkes it was agreed with one consent that he should have his costs allowed therefore ordered accordingly Morgan plaint Ap Iohn Gowge defendant Anno 21. Eliz. The defendant maketh oath that he was served with a Billet in paper at the plaintants suit which Billet he lost by misfortune and upon his appearance no Bill is in Court against him therefore costs is awarded Brown alias Garris alias Pawdy plaintant Stoyck defend Anno 21. Eliz. The plaintant exhibited his Bill to examine witnesses in perpetuall memory touching a lease of Lands which hee and those by whom hee claimeth hath enjoyed 40. yeares the defendant by answer claimeth the Lands as Coppy-hold of inheritance to Mr. Sowthwell who is owner of the inheritance and within age and therefore prayed that no witnesses might be examined till Mr. Southwell be of full age and yet because the witnesses being old and may dye in the interim therefore a Subpoena is awarded against the defend to shew cause why a Commission should not be granted Hearing plaintant Fisher defendant An. 21. Eliz. Iohn Budden maketh oath that the defendants confessed unto him they were served with a Subpoena at the plaintants suite and have not appeared therefore an Attachment is granted Perry Ar plaintant Gatter alias Sharde and Cole defendants An. 21. Eliz. Upon the hearing of the matter for the Mannor of Laughtor and the Advowson of the Church of Laughton in the County of Bucking it appeared that the defendants and they from whom they claimed have beene in possession 100 yeares with divers discents therefore the defendants are dismissed Kinston plaintant Pigot aliis defendants Anno 21. Eliz. The defendant in Hillar Terme made oath that he could not answer without sight of evidences in the Country and having day given him he now hath put in no answer but a demurrer contrary to the orders of this Court therefore an attachment is awarded against the defendant Farmer aliis plaintants Fox defendant Anno 21. Eliz. Iohn Harry made oath for the serving of a Subpoena on the defendants to rejoyn therefore Munday next is given to the defendants to rejoyne or else to lose the benefit thereof Ioanes aliis plaintants Whitney Miles aliis defendants An. 21. Eliz. Whereas a Commission issued out to examine witnesses on both parties which is returned executed upon oath made by Giles Brever that he served precepts from the Commissioners upon W. S. Tho. Lin T. C. and Io. Peers to be examined on the defendants behalf before the said Commissioners who appeared not it is therefore ordered that a new Commission be awarded to the former Commissioners at the defendants charge as well to examine the said four witnesses as any other Shepheard plaintant Shepheard aliis Defendants An. 21. Eliz. The Duke of Northumberland acknowledged a Recognizance of 1000 Markes to the Lord Crumwell and after granted certaine Lands to the defendant afterwards both the Duke and the Lord Cromwell were attainted of Treason whereby the Recognizance came to the Queen and in her name was put in suit by one Lane to whom her Majesty had granted the same recognizance who sought to extend the defendants said Lands alone whereas there are divers other Lands to a great valew in other mens hands lyable to the said Recognizance therefore it is ordered that no Liberate goe out upon the said extent untill the Court order the same The Queenes Majesty plaintant Colborne defendant Anno 21. Eliz. The plaintant sought to be relieved upon an Obligation of 300 l. which he entred into to make a joyneture unto his wife in consideration of 174 l. promised to him by the defendant in marriage which was never paid unto him therefore an Injunction is awarded if cause be not shewed Osborne plaintant Havers defend An. 21. Eli. The plaintant and defendant both joyned in Commission to examine witnesses and the plaintant having the carriage of the Commission did not execute the same but did examine witnesses here in Court therefore ordered the defend should have a new CoÌ„mission to the former Commissioners wherein the plaintant might also examine if he list and