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
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
pro se hered ' ipsius B. quod ipsi warrantizabunt tenementa pred' cuÌ„ pertinenÌ„ praefatÌ„ W. haered ' suis contra pred' G. B. et haered ' ipsius B. imperpetuum Et pro hac c. A fine knowledged of foure messuages one tofte three barnes three gardens three orchards c. to W. S. and N. W. with warrantie INter W. S. N. W. querÌ„ O. B. vxoreÌ„ eius deforcianÌ„ de 4. Sect. 120. mesuagijs vno toftÌ„ tribus horreis tribus gardinis tribus pomarÌ„ viginti acris prati sex acris pasturae cum pertinenÌ„ in K. B. ¶ Et est concordia talis scilicet quod praedict ' O. A. recognoueruÌ„t tenementa predict ' cum pertinentijs esse ius ipsius W. vt illa quae idem W. N. habent de dono praed ' O. et A. Et illa remisetÌ„ quiete Warrantie clamaâ—erÌ„ de ipsis O. A. hered ' ipsius A. praed ' W. N. hered ' ipsius W. imperpetuum Et praeterea ijdem O. et A. concesserÌ„ pro se et haered ' ipsius A. quod ipsi warrantizabunt pred' W. N. hered ' ipsius W. pred' tenementa cum pertinenÌ„ contra praed ' O. A. hered ' ipsius A. imperpetuum Et pro hac c. A fine knowledge by two husbands and their wiues of 2. messuages and 2. gardens with seuerall warranties PRaecipe G. E. R. vxori eius A. I. K. vxori eius Sect. 121. quod teneant G. T. conuencionem c. de duobus mesuagijs duobus gardinis cum perrinentijs in K. c. Et nisi c. ¶ Et est concordia talis scilicet qÄ‘ pÌ„d ' G. et R. A. K. recognouerÌ„ tenÌ„ta pred' cum pertinenÌ„ esse ius ipsius G. vt illa quae idem G. habet de dono praed ' G. R. A. K. illa remiserunt quiete clamauerÌ„ de ipsis G. R. A. K. haered ' ipsorum R. K. praed ' G. haered ' suis imê‘petuuÌ„ Et praeterea ijdeÌ„ G. R. coÌ„cesserÌ„ ê“se hered ' ipsiê° R. Warrantie 2. quod ipsi warâ—antizabunt praed ' G. haered ' suis praedict ' tenementa cum pertinentijs contra praedict ' G. R. haered ' ipsius R. Et vlterius ijdeÌ„ A. K. concesserunt prose et haered ' ipsius K. quod ipsi warrantizabunt praed ' G. et hâ—red ' suis praed ' tenemeÌ„tum cum pertinentijs contra praed ' A. et K. et haered ' ipsius K. imperpetuum Et pro hac c Nota que Dyer chiefe Iustice dit que si les femmes fuissent soers que adonques il ne besoigne double garrantie in forme auantdit mes single garrantie est assets bone A fine knowledged by the husband and his wife to a man and his wife of one messuage one gardein one orchard one barne one stable one wharfe c. with warrantie PRaecipe R. I. et H. vxori eius quod iuste c. teneant A. Sect. 122. I. et K. vxori eius conuenciones c. de vno mesuagio vno gardino vno pomario vno horreo vno stabulo vna wharfa vna acra bosci cum pertinentijs in K super T. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' R. et H. recognouerunt tenementa praedictÌ„ cum pertinentijs esse ius ipsius K. vt illa quae ijdeÌ„ A. et K. habent de dono praedictÌ„ R. et H. Et illa remiserÌ„ et quiete clamauerÌ„ de ipsis R. et H. et haered ' suis praedictÌ„ A. et K. et haered ' ipsius K. imperpetuum Et praeterea ijdem R. et H. concesserunt pro se et Warrantie haered ' ipsius H. quod ipsi warrantizabunt praefatÌ„ A. et K. et haered ' ipsius K. praed ' tenementum cum pertinenÌ„ contra praefatÌ„ R. et H. et haered ' ipsius H. imperpetuum Et pro hac c. A Fine knowledged by an Earle and his wife to W. C. of a rent of 40. li. going out of diuerse mannors with warrantie PRaecipe F. comiti H. domine K. vxori eius comitisse Sect. 123. H. quod iuste et sine dilacione teneant W. C. arÌ„ conuenciones c. de 40. li. redd ' exeuntÌ„ de manerijs de B. S. c. Et nisi c. ¶ Et est coÌ„ cordia talis scilicet quod praedictÌ„ comes comitissa recognouerunt redditum praedict ' cum pertinentijs esse ius ipsius W. vt illa quae idem W. habent de dono praed ' comitis comitisse Et illa remiserÌ„ quiete clamauerunt de se haered ' suis praefatÌ„ W. et haered ' suis imperpetuum Et praeterea ijdem comes comitissa concedunt Warrantie pro se haered ' ipsius comitis quod ipsi warantizabunt redditÌ„ predictÌ„ cum pertinentijs praefatÌ„ W. haered ' suis contra omnes homines imperpetuum Et pro hac c. A Fine knowledged by the husband and the wife and one R. D. to one R. B. of one manor c. one messuage called M. c. with warrantie who graunt and render the same againe to R D. one of the Conusors for tearme of xxi yeares to beginne at a time to come reseruing a rent and afterwardes the Conusees graunt the reuercion of the said mannor c. and the reuercion to one of the Conusors and his wife to the heire of the husband to hold of the chiefe Lords of the fee c. PRaecipe I. F. B. vxori eius R. D. qd ' iuste c. tenent Sect. 124. R. B. conuenciones c. de manerio de C. I. cum pertinentijs ac de duobus mesuagijs vocatÌ„ B. 20. mesuag ' 40. acris terrae 100. acris prati 500. acris pasturae 200. acris bosci 40. acris iampnorum bruerae cum ê‘tinentijs in W. F. Et nisi c. ¶ Et est concordia talis scilicet quod praedict ' I. B. et R. recognÌ„ praedict ' manerÌ„ et tenementum cum pertinentijs esse ius ipsius R. B. vt illa quae idem R. habet de dono praedict ' I. B. R. et illa remiserÌ„ et quiete clamauerÌ„ de se et haered ' suis praedict ' R. haered ' suis imperpetuum Et praeterea ijdem I. et B. concesserunt pro se haered ' ipsius Warrantie I. quod ipsi warrantizabunt praedict ' R. et haered ' suis praed ' manerium et tenementum cum pertinentijs contra omnes homines imperpetuuÌ„ Et pro hac c. idem R. concessit praedictÌ„ R. praed ' manerÌ„ tenementum cum pertinenÌ„ illa ei reddiderÌ„ c. Habend ' tenend ' praedict ' The terme the beginning thereof R.
other sonne which is heire to his brother hâ— shal haue new v. yeres after he come to his full age because he is the first to whom the right discended after the proclamation by reason of the discent which was before them Plo. fo 374. b. But if an estranger to a fine to whom a Remainder or other title first accrueth after the fine doe not pursue his right within v. yeres he and his issue are barred for euer 19. H. 8. Dyer fo 3. pl. 6. And in like maner if the first issue in taile to whom the title of the intaile first accrueth neglect his v. yeres the whole estate taile is thereby bound for euer 32. H. 8. Br. Fines 100. If he which abaceth after the death of a tenant in fee make a feoffement vpon condition the feoffee leuie a fine and v. yeres after proclamation passe without entrie or claime made by his heire the heire is barred But if afterwards the condition be broken and the Abator therefore enter then the heire may haue an Assise of mortdauncester against thabator or entrie vpon him at any time and he hath no defence For if he plede in barre of the assise the fine leuied to the cognisee and that he hath his estate the speciall matter of the abatement condition and reentrie may be pleaded in defesance thereof for he can neuer challenge priuiledge by the state of the cognisor which he himselfe defeated Plo. fol. 358. b. 7. Eliz. Of Estrangers hauing no right for any cause before the fine BVt estrangers to fines hauing neither present nor future right c. Sect 188. at the leuying thereof by reason of any matter had before the fine whose right groweth either intirely after the Proclamation or partly before and partly after may enter or claime when they please within the time of the prescription As if the father die seised his eldest sonne being professed and the yonger sonne entreth and is disseised and a fine with proclamation leuied and after the elder sonne is deraigned it seemeth he is bound to no time Plow fo 373. a. So if the husband leuy a fine of his owne landes whereof his wife is Doweâ— dowable and die and fiue yeres passe after his death she is not barred of her dower because her title to be endowed accrueth after the fine leuied namely by the death of her husband for before his death she had onely a possibility of dower and not any right title or interest thereunto Plo. fol. 373. a. And if a tenant cease one yeare and then a fine with proclamation is leuied And afterwards a tenant ceaseth another yere The Lord may haue his cessauit perbiennium xx yeres after the Proclamation made because his right and title groweth partly before the fine partly after the fine leuied that is at the end of the two yeres of his tenants ceasser Plo. fo 373. b. Of Estrangers hauing diuerse future Rights by diuerse titles BVt if Estrangers to fines haue seueral future Rights by diuers titles Sect 189. growing at seueral times it seemeth that they shall haue seuerall fiue yeres to make entrie or claime commencing from such time as their seueral titles first accrewe vnto them As if tenant for life the remainder in fee make a feoffement in fee. And the feoffee leuy a fine with c. and he in the Remainder suffer the first fiue yeres to passe he is by his laches barred of his entrie for the forfaiture growing by the alienation of his tenant during his tenant for life because he had present right at the leuying of the fine to enter for the same yet if after the tenant for life do die he hath other v. yeres to bring his Formedon in Remainder because that is a nâ—we title or right by which hee coulde not haue his Formedon during his tenant for life And he had his election to take aduantage of the forfaiture or not Plo. fo 373. b. Quere for there Catlyn thinketh otherwise because his title to the land by the forfaiture accrued to him in the life time of his tenant for life If I. S. be tenant Pur auter vie the Remainder to an other for life the remainder to the same I. S. in fee and I. S. is disseised and the disseisor leuieth a fine with proclamation and the fiue yeres passe I. S. is bound for his future and present estate for life But if cestuy que vie and he in the meane remainder die now I. S. shal haue other fiue yeres to enter for his remainder in fee for it then first remaineth vnto him by the death of him in the meane Remainder cestuy que vie for cause growen wholy before the fine that is the state so made before which is an other title Plowden 367. b. per Welshe and diuers Iustices Plow 367. b. In like maker if land be giuen to I. S. for the life of A. the remainmainder to him for the life of B. the remainder to him for the life of C. and he is disseised the disseisor leuieth a fine with proclamation now I. S. for his present right hath v. yeres by the first Sauing of the StatÌ„ 4. H. 7. cap. 24. And v. yeres after the death of A. by the seconde Sauing which is of future right and other v. yeres after the death of B. for his second remainder for quando duo iura in vna persona concurrunt aequum est ac si essent in diuersis Plo. 368. a. If a man disseise a feme sole and after marry her and haue issue by her the baron is disseised before mariage or after and a fine with proclamation leuied first the baron after the feme die within the v. yeres the issue being of full age the v. yeres passe he is there by bound as heire to his father but hath other v. yeres after the death of his mother to enter for albeit it is but one selfe same lande yet the heire hath seueral rights thereunto growing at seuerall times th one as heire to his father thother as heire to his mother in regarde whereof he hath seuerall times Plow 367. b. So if the husband maketh a feoffement of his wiues lands vpon condition which is broken he leuieth a fine with c. the husband hath issue by his wife and dieth the first v. yeres passe and then the wife dieth the heire is barred of his entrie for the condition as heire to his father but shal haue v. yeres after the death of his father to claime c. because it is a title differing from that which did discend from his father accrueing to him first by the death of his mother Plo. 367. a. Estrangers to fines hauing neither present nor future right to the tenements in the fine at the leuying thereof but onely vnto rents common c. issuing out of the same ANd Estrangers to fines hauing neither present nor future right to Sect 190 the tenements in
prebendary parson nor such other names of dignity by reason onely of office are good but where such persons be charged for offence by reason of their offices nor citizen for it neither nameth any mistery art nor degree neither extorcioner bankrupt rogue vagabond vsurer heretike scismatike dicer bowler carder nor such like being against the Law If the place whereof thoffendor is or was be an hamlet there be diuers hamlets in one towne he may be named either of the towne or hamlet but if it be only a place knowen a towne and not an hamlet he must be named of the towne 13. H. 6. fo 30. if the towne where the offendor dwelleth beareth one selfe name with the parish he may be named of either but if there be 2. townes of one name in one parish he ought to be named of the parish 4. E. 4. fo 129. 22. E. 4. fo 22. 22. H. 6. fo 41. Alias dictus in Indictments is not necessary Thaddition of the degree or mistery must be such as the party hath at the very time of thindictments but he may be termed nuper of any place wherof he hath bin at any time before but it is best to name him of the place of which he is or last was thus Iuratoâ— pro dnÌ„a reg ' presentÌ„quam I. S. nuper de D. in comÌ„ Essex husbandmaÌ„ c. And further the time of th offence committed must be thus set downe as in personal actions 5. die Feb. anno regni dnÌ„ae nostrÌ„ Eliz. dei gratia Angl ' c. And in some indictments as of murder burglary the very hower is to be expressed as hora 6. ante merid ' if it were before noone post merÌ„ if it were after eiusdeÌ„ diei if th offence be committed after noone and before midnight it must be laid in the same day if after midnight and before sunne rising then in the day following and if the time be expressed by the yere of our Lord God as it may be then the yere beginneth with vs euermore vpon the 25. day of March but in Indictments which present that a thing is omitted or not done there needeth no time of the not doing or omission thereof be set forth as that a ditch was not skowred by meanes whereof meadowes be ouerflowen and such like If a man be stricken or poisoned in one countie dieth thereof in another countie thindictment may be in the countie where the death hapned 2. 3. Eliz. ca. 24. and if one become accessary in one County to a murder or other fellony done in another he may well be indicted in the countie where he was accessary He which robbeth in the county of D. is taken with the maner in the county of S. may be indicted of theft where he is so apprehended but not of robbery but in the countie where th offence was done The place is thus to be set downe apud B. in comitÌ„ C. For it is not good to say in comÌ„ praedict ' referring to the name of the countie written in the margent of thindictment and the place of the offence is sometime more specially set downe thus apud B. in comÌ„ C. in quodam loco ibideÌ„ vocatÌ„ the northclose c. also it is to be regarded that if a countie be deuided into seueral diuisions so that those which be Iustices in one diuision be not Iustices in another diuision thereof as the countie of Yorke which is deuided into 3. deuisions called ridings as the westriding eastriding northriding it is requisite that it be expressed in thindictment in which of the diuisions or ridings thoffences hapned as apud R. in Westriding in comÌ„ EborÌ„ in quodam loco ibid ' vocatÌ„ the lodge c. for the Commissions whereby the Iustices of peace in such ridings are ordeined haue in them such words as follow viz. Sciatis quod assignamus vos coniuÌ„ctim diuisim quemlibet vestruÌ„ Iustic ' nâ—os ad pacem nostram in partibus de Westriding in comÌ„ nostro Eborum conseruandam c. Mandamus enim tenore presentium vic' nostro EboruÌ„ quod ad illos dies loca que vos vel aliqui hmÌ„odi duo vel plures vrÌ„m vt praed ' est scirÌ„ feceritis venire coram vobis vel hmÌ„di duobus vel pluribus vestrum vt dictum est tales probos legales homines de partibus praedict ' tam infra libertates quam extra per quos rei veritas in premissis melius sciri poterit inquiri c. So that the power of such Iustices extendeth no further then to those ridings onely in which they bin so made Iustices and therfore what is by them done otherwise is coram non Iudice and void Albeit the name of the person to whom th offence is committed be in many cases required yet an indictment quod defendens bona catalla cuiusdam ignoti felonice cepit c. in theft or quendam ignotum felonice depredauit c. in robbery is good for the Queenes aduantage of the forfaiture thereby accrewing so is it as it seemeth quod vi armis c. insultum affraiam in quendam ignotum fecit c. Dier fol. 99. pag. 61. 285. p. 38. But if the goods of a Church be taken away the Indictment must be quod bona parochianorum in custodia gardianorum Ecclesiae de C. existenÌ„ ceperunt asportauerunt c. if the goods of a man be taken who maketh his executors and dieth the Indictment must be bona testatoris c. but if they be taken after the testators death it shall be bona testatoris in custod ' executÌ„ existenÌ„ c. A grauestone is de bonis Ecclesiae coate armour hanged ouer a tombe be the goods of the dead mans executors goods taken from one are the goods of the trespasser vntill the owner haue recontinued his property goods bailed are said bona of the owner in custodia balliui The names of things in which the offeÌ„ce is committed ought also to be certeinly mencioned in Indictments dead things may be called bona catalla expressing their names certeinly as appeareth hereafter but of liuing things we must not say bona cattalla but vnum equum or 2. equos ouem bouem c. And the value of those things in which offences are committed is vsually comprised in Indictments which seemeth necessarie in theft to make a difference from petie Larceny in trespas to aggrauate the fault increase the fine but no price of things ferae naturÌ„ may be expressed as of deere hares c. if they be not in parks or warrens which is a liberty 8. E. 4. fo 5. nor of Charters of land And where the number of the things taken are to be expressed in the indictment as of yong doues in a douehouse yong hawkes in a wood there must be said precij or ad valentiam but of one liuing thing or of
default of apparance aswel in Court Baron as in Courts of Record 28. H. 6. fo 34. H. 6. fo 29. and 40. 21. E. 4. fo 78. A man is disseised of landes the disseisor selleth the land the alienee knowing of the disseisin obtaineth a release with warrantie from a collateral auncester of the disseisee who also knoweth that the disseisee hath good right and title to haue the same landes that collaterall auncester dieth the warrantie discendeth vpon the disseisee as his heire without assets yet the disseisee is barred by law and conscience for it were inconuenieÌ„t that such releases other writings should be auoided by such allegations of conscience D. S. lib. 2. ca. 50. Lâ—tÌ„ sect ' 707. If a feme couert being of full age leuie a fine by her husbandes compulsion yet after his death she shall neuer for that cause by law nor conscience be admitted to auoid such fine for the incoÌ„uenience which might thereof ensue if by such nude auerments matters of record should be auoided D. S. lib. 2. cap. 50. 7. H. 4. fo 23. If goods be wrecked vpon the Sea that is where goods be cast or come into the Sea by ship wracke so that no man dogg or catt come aliue to the land out of the ship or barge wherein they were caried which is deemed a Wrecke West 1. cap. 4. and the owner thereof prooueth them not to be his within a yere a day after such wrecke then the Q. ought to haue them both in law conscience because she is soueraigne head of the people and owner of the narrow Seas and is to scower theÌ„ as it seemeth from pyrats because the property of goods must needs be in some person otherwise they would perish which were against the weale publique in this case the first owner of the goods is vnknowen And the like is it of an Estray or Deodand But not of goods voluntarily weyued or casually lost and found by others for in these two last cases the propertie remaineth still in the first owners D. S. lib. 2. cap. 51. 35. H. 6. fol. 27. The like seemeth to be where a subiect hath wreckes by prescription 11. H. 4. fo 16. Nowe that wee haue partly seene where a Subpena lieth and where not let vs set downe somewhat of the ordinarie proceeding thereupon Of the ordinarie proceedings in the high Court of Chauncerie FIrst the partie greeued takes out his writ of Subpena against the Sect 20. partie or parties offending which Subpena is in haec verba Elizabeth Dei gratia Angl ' Franc ' Hiberniae Regina fidei defensor A subpena to aunswere c. A. C. salutem Quibusdam certis de causis coram nobis in Cancell ' nostra propositis tibi praecipimus firmiter iniungentes quod omnibus alijs pretermissis excusatione quacunque cessante in propria persona tua sis coram nobis in dicta CancellarÌ„ nostra a die Paschae proximÌ„ futurÌ„ in vnum mensem vbicunque tunc fuerit ad respondend ' super hijs quâ— tibi obijcientur tunc ibidem Et ad faciend ' vlterius recipiend ' quod Curia nâ—a considerauerit in hac parte Et hoc sub pena centuÌ„ librarÌ„ nullatenus omittas Et habeas ibi hoc breue Teste me ipsa apud WestmÌ„ xij die Feb. Anno Regni nostri tricesimo sexto Gorge c. But if the defendant be a Noble man then no Subpena is awarded but a letter by the L. Chauncelor or L. Keeper thus After my verie hartie coÌ„mendations to your Lordship whereas there A letter to a noble man in steed of a subpena to aunswere hath bin of late a Bill of complaint exhibited into the Court of Chauncerie against you by H. D. gentleman I haue thought good to giue you notice thereof rather by these my priuate letters then by awarding her Maiesties ordinarie proces Wherefore these are to pray your Lordship to giue order for the taking out of a copie of a Bill and for the putting in of your aunswere thereunto according to the vsual course in such cases accustomed at or before octabis Hillarij next ensuing Of the which nothing doubting but that your L. will haue the care and regard which appertaineth I leaue your L. to the most mercifull keeping of the Almightie From Saint A. the ix of May 1594. Your very louing friend Io. Puckering The Superscription To my very good Lord I. L. D. giue these And it is to be noted that by the Statute 15. H. 6. cap. 4. a Subpena Suerties to yeld damages to the def is not grauntable without suerties to yeeld damages vnto the defendaÌ„t if he be not vniustly vexed And it were good to obserue this course for auoiding of causelesse and trifling suites to which most men be ouer prone Yet if the defendant doe appeare at the returne of the Subpena and Costs for default of a bill no Bill be put into the Court by the plaintife against him then costes are to be graunted for such wrongfull vexation And thereupon he may haue a Subpena ad soluend ' for the same costs in forme following ELizabeth Dei gratia Angl ' c. I. S. salutem c. vsque firmiter iniungentes Sect ' 21. A Subpena for costs quod to soluas vel soluifacias R. N. xl s. qui per considerationem domini Cancell ' vel domini custod ' magni sigilli curÌ„ Cancell ' nostrÌ„ praedict ' eidem R. adiudicatÌ„fuerunt pro misis expensis suis quae ipse sustinuit ratione occasione cuiusdam queremonÌ„ quam tu erga eundem R. in Cancell ' nostra praed ' minime prosequereris cum effectu iuxta formam statuti inde editÌ„ prouisi veltu ipse sis coram nobis Or thus pro expensis soluend ' Quod tu soluas vel solui facias praefatÌ„ R. xl s. qui eidem R. adiudicati fuerunt in Cancellaria praedict ' pro expensis suisoccasione iniuste vexationis quam ipse nuper indebite sustinuit in quadam billa versus ipsum R. in eadem Cancellaria ad prosecutionem tuam nuper factÌ„ iuxta formam c. vt supra Or thus Quae sustinuerunt occasionÌ„ cuiusdam breuis nostri de Subpena eis direct ' ad sect ' tuam prosecuti ad comparand ' coram nobis in dicta Cancell ' nostra ad certuÌ„ diem iam preteritum pro eo quod tu ad diem in dicto breui contentÌ„ aliquam billam siue materiam versus eos minime exhibueris vel tu ipse sis c. Per Cancell ' Although the writ import that the Bill is put in before the taking out of the same yet if the plaintife put in his Bill by the returne of the The time to put in the Bill writ it is sufficient and no further proces passe And although the writ mention the paine of C. li. or such like yet if the
as the said G. C. had in his life time so as is aforesaid â—onuerted to his owne vse yet the said R. C. notwithstanding that after the death of the said G. C. the goods and chattels which were the said G. C. at the time of his death sufficient both to discharge pay and performe all the debts and legacies of the said G. C. and to satisfie your Maiesties said subiect of and for such and so many of the said sheepe as came to the hands of the said G. C. and neuer came to the hands custodie or possession of him the said R. C. hath euer hitherto denied and refused and yet doth deny and refuse to yeeld vnto your said subiect any satisfaction or any recompence at all either for the said sheepe so as is aforesaid conuerted to the onely vse of the said G. C. in his life time so as is said either conuerted to the vse of the aforesaid R. C. after the death of the said G. or by him the said R. still vniustly detained and holden from your said subiect which vniust dealing of him the said R. C. is to the greeuous losse and damages of your said subiect and altogether against all right equity and good conscience In tender consideration whereof and for so much as the said promise of the said G. C. so as is aforesaid made for the deliuery of the said sheepe as is aforesaid was so made in the presence and hearing of the said R. C. and of certaine other witnesses which be now all dead but the said R. C. in so much as for want of such proofe as is requisite in that behalfe he your said subiect is without all remedie either to recouer the said sheepe or any recompence for the same either by the strict course of the common lawes of this Realme or in this honorable court otherwise then by the parties owne confession vpon his oath in this honorable court which your said subiect verely doth imagine and thinke that he will confesse to be in such sort as is here aforesaid It may therefore please c. The answere of R. C. to the Bill next before THe said defendant by protestation not acknowledging or confessing Sect. 88. the matters in the said bill of complaint containeâ— to betrue in such manner and forme as in the same they be set forth and alleaged saith that the said bill of complaint is verie vntrue incertaine and insufficient in the law to be answered vnto and the matters therein surmised are enuiously deuised and vnconcionably contriued imagined and set forth onely of purpose to vexe and molest this defendant vniustly and to put him to great trauell expences and charges of suit and that without any iust cause or good matter as this defendant hopeth he shall proue vnto this honorable court neuerthelesse the aduantage of exception to the insufficiency and vncertaintie of the satâ— bill of complaint and all other aduantages to this defendant at all times hereafter saued the said defendant for answere vnto the said bill of complaint saith that he doth not certainly know neither is he as he thinketh compelable to take notice whether one H. S. in the bill named being about the moneth of Aprill in the yeare of our Lord God 1590. lawfully possessed of sixe score and one Ewes and sixe score and one Lambes as of his owne proper goods did sell the same vnto the said complainant for the summe of fiftie pounds as in the said bill is supposed or whether the said complainant being lawfully possessed of the said sheepe as of his owne proper goods by force of such bargaine there were anie such agreement betweene the said complainant and the said S. and one G. C. of A. in the Countie of Y. for the deliuerie of the said sheepe to the said G. to be safely kept to the complainants vse and to be deliuered to the complainant at his dwelling house in H. in the Countie of L. as in the said bill is suggested this defendant as he thinketh is not bound now to take notice being then a stranger thereunto or whether the said G. C. vpon the former part of the insufficient consideration grounded vpon the premisses or for in or vpon the latter being a lame blanke and imperfect or rather no consideration there naming nihil omnino to be by the said complainant paied vnto the said G. C. did assume and faithfully promise vnto the complainant safely to keepe and deliuer the said sheepe as in in the said bill is alleaged but this defendant saith that if the assumption be grounded vpon any good consideration then the complainant might haue his remedie at the common law if he had any iust cause And therefore this defendant as he thinketh might verie well demurre in lawe vpon the said bill and demaund iudgement if he shall be by this honorable court compellable to answere the complainant any further Neuerthelesse for as much as this defendant hopeth that the said complainant shall neuer be able to proue his subtill supposed suggestions in the said bill set forth and alleaged For further answere vnto the said bill saith that true it is that the said G. C. in the said bill mentioned made his last Will and Testament in writing and thereof constituted this defendant his executor and died without that that the said G. C. in his life time imagining and fraâ—dulently intending the said complainant in that behalfe craftily and subtilly to defraud and deceiue did not onely not deliuer vnto the said complainant the said sheepe nor any of them according to his said faithful promise and assumption but contrariwise did take conuert a great part of them to his owne proper vse selling some of them to diuers persons to the said complainant vnknowen for diuers summes of money conuerting the same to his vse and killing sundrie others of them in his house and died possessed of the residue of the said sheepe as in the said Bill is vntruely and vncharitably alleaged against the said G. C. being now dead For this defendant verely doth thinke and imagine in his conscience if such sâ—eepe were deliuered to the saide G. C. to be kept and deliuered as is aforesaid that then the said G. did in his life time well and truely deliuer the aforesaide sheepe accordingly without that that after the death and departure of the foresaid G. C. the possession of the said residue of the saide sixe score and one Ewes and sixe score and one Lambes being about the full number of foure score Ewes and three score Lambes worth thirtie pound and aboue came to the handes and possession of the saide R. C. now defendant who imagining and fraudulently intending the said complainant in that behalfe craftily and subtilly of the said sheepe to defraud and deceiue hath in like manner solde most part of the said Ewes and Lambs so come to his hands and possession to sundrie persons to the said complainant vnknowen for diuers summes of money
not ignorant of the premisses nor regarding his said faithfull agreement and promise but imagining and fraudulently intending the said D. C. the Testator and your said Orator his executor in this behalfe craftily and deceiptfully to deceiue and defraud albeit he hath beene oftentimes thereunto gently required by the said Testator in his life time and by your saide Orator his executor after his death hath not paid or satisfied any thing vnto the said Testator in his life time nor vnto your foresaid Orator after his decease for the same bording meate drinke lodging during the foresaid time that he and his said wife so remained at borde with the said Testator according to his said faithfull promise and agreement but hath euer hitherto denied and refused therefore to satisfie and pay the said Testator in his life time and your said Orator after his death and yet doth denie and refuse to pay and satisfie your said Orator for the same against all right equitie and good conscience and to the hinderance of the execution of the said last Will and Testament of the said Testator In tender consideration whereof and for so much as your said Orator hath none ordinarie remedie to recouer any thing for the said bording and premisses by the strict course of the common lawes of this our Realme of England as well for that it was not certainely agreed vpon betweene the said W. and the saide Testator howe much the said W. should yeeld for the same as also for that the saide Testator did so much credite the said W. that the said promise and agreement was priuately made betweene themselues no person being thereunto called that might witnesse the same so that if happily the said W. will not vpon his oath in his answere hereunto in this honorable Court confesse the said promise and agreement as your saide Orator is verely thinketh he will your said Orator is vtterly destitute of witnesses to make proofe thereof Albeit that it be most true that the saide agreement and promise was made and agreed vpon as is aforesaid which your said Orator hath sundrie times heard the said Testator say and declare May it please your good Lordshippe to grant vnto your said Orator c. A Bill for not entering into bonde to saue a suretie harmelesse according to promise IN most humble wise complaining sheweth vnto your Honor your daily Orator R. P. of W. in the Countie of S. yeoman That whereas Sect. 100. as one F. L. of S. in the said Countie of S. yeoman did borow of one A. B. of S. in the said Countie of S. Gentleman the summe of seuenteeue pounds and twelue shillings of good and lawfull money of England to and for the onely vse of him the said F. L. and of one R. L. of B. in the said Countie of S. yeoman kinsman to the foresaid F. L. and for the true discharging and paiment of the foresaide summe of seuenteene pounds and twelue shillings because the said R. L. was a man esteemed to be of verie small credit and altogether vnknowen vnto the said A. B. therefore the foresaid R. L. earnestly requested and desired of your said Orator being his neere neighbour and of verie long acquaintance familiaritie with him to enter into bond with him the said F. L. to the said A. B. for the true payment and satisfaction of the foresaid sum of seauenteene pounds and 12. SÌ„ and if in case your said Orator would enter into bonde for him then he the said R. L. did faithfully promise and affirme vnto your said Orator to enter into a counter bond of double value to his boâ—â—â— vnto your said Orator to discharge and faue him harmelesse against the said A. B. his executors and administrators of and from all manner of actions suites arrestes quarrels troubles molestations and incumbrances whatsoeuer which should or might arise by reason or meanes of the said obligation wherupon your foresaid Orator considering the great want and need that the foresaide R. L. did at that time stand in trusting to his fayre speeches and promisses after long entreatie and request to him made your said Orator did consent and agree to become bounden with the said F. L. to the foresaid A. B. for the paiment of the said summe of seuentie pounds twelue shillings so that your saide Orator might haue such a counterbond from the said R. L. to discharge saue him harmelesse against the said A. B. for and concerning the said bond after which time that is to say the 25. day of March in the xxix yeare of the raigne of our soueraigne Lady the Queenes Maiestie that now is The saide F. L. and your said Orator by their writing obligatory did bind the said A. B. in the summr of xl pound of good and lawfull money of England vpon this condition indorced vpon the saide writing obligatorie viz. that if the said F. L. and the said R. P. your said Orator or eyther of them their heires executors administrators of them or any of them did well and truely content and pay vnto the said A. B. his executors and administrators the said summe of xvii l xii sÌ„ of good and lawfull money of England at or vpon the xxv day of March in the yeare of our Lord God one thousand fiue hundred eightie and eight in the Church porch of S. betweene the howers of one and three of the clocke in the after noone of the same day that then the said writing obligatorie to be void and of no effect or else to stand in full force and vertue But so it is right honorable that the said summe of xvii l xii sÌ„ was not paide vnto the said A. B. at the time and place mentioned in the said condition whereby the said bond of xl pound wherein the said F. L. and your said Orator were bounden to the said A. B. was and yet continueth forfaited the said A. B. being not paide nor agreed withall by reason whereof your H. said orator is like to grow to great trouble and suite of law for the said bond And albeit your honors said Orator hath diuers and sundry times sithence the making of the said bond promise and assumption most earnestly requested the saide R. L. to make vnto your honors said Orator a counterbond for the discharging and sauing harmelesse of your said Orator against the said A. B. for and concerning the said bond according to his said assumption and promise yet that so to doe the said R. L. hath denied and refused euer hitherto and yet doth denie and refuse to do the same contrary to al right equitie and good conscience In tender consideration whereof and for asmuch as your said Orator hath no sufficient witnesse and wordes of assumption to maintaine an action vpon this case at the common lawe meaning nothing but plainely whereby he is void of all remedy at the common law May it therefore please your honour the premisses considered to grant vnto
faithfully promised your said Orator to procure and deliuer vnto him sufficient acquitances of the said A. for all the said rents which the said R. had so as is aforesaid receiued of your said Orator by the appointment of the said A. And whereas further if it may please your good Lordship about the eightenth day of April in the xxvii yeare of the raigne of the Queenes Maiestie that now is the said R. M. being indebted to one W. S. of S. in the said Countie Smith in the summe of fiftie and three shillings and foure pence of English money did entreat your said Orator to be suertie for him to the said W. S. for the payment of the said summe of fiftie three shillings foure pence to the said W. S. at the feast of Saint Bart. the Apostle then next ensuing which your said Orator did accordingly in consideration thereof the said R. M. did then assume vpon himselfe and vnto your said Orator faithfully promise that if he the said R. M. did not well and truely pay vnto the said W. S. the said fiftie three shillings foure pence at the said feast of Saint Bart. That then he the said R. M. woulde sufficienâ—ly conuey and assure to your said Orator the said yearely rent of thirtie shillings to him as aforesaid granted by the said A. together with the said deed thereof afterwards the said R. M. did neither pay to the said W. S. the said summe of fiftie three shillings foure pence nor any part thereof at the said feast of Saint Barth nor at any time since nor did conuey the said yearely rent of thirtie shillings or deede thereof to your said Orator according to his said promise But altogether contrarie to his owne promise hath procured the said A. to sue your Orator before the Queenes Maiestie and her honorable Counsaile established in the North parts for xxv l x. sÌ„ as arrerages of the said yearely rent of three pounds supposing the same to be behinde and vnpaid by the space of eight yeares and a halfe now last past notwithstanding that you said Orator hath well and truely paid the same to the said R. M. aforesaid And the said R. M. although he hath beene often times gently required by your said Orator aswell to procure him the said acquittance of the said A. for the said rent of three pounds as to make assurance of the said yearely rent of xxx shillings to him by the said A. granted yet that to doe he hath euer hither to denied and refused and yet doth deny to doe the same against all right equitie and good conscience and to the great hinderance and losse of your saide Orator In tender consideration whereof and for so much as the said agreements promises and paiments of the said rents were priuately made betweene your said Orator and the said R. M. without any witnesses thereof for that your said Orator reposed so great trust in the said R. M. being his naturall brother that he called no man to beare witnesse thereof so that he can haue none ordinarie meanes by the due course of the common lawes of this Realm but is altogether remedilesse to obtaine or recouer any recompence or damages thereof vnlesse the same R. M. will confesse the same to be true in his answere hereunto as your saide Orator verely thinketh that he will It may therefore c. A Bill for that the defendant for whom the plaintife was suretie to pay certaine money did neither pay the said money nor saue the plaintife harmlesse HVmbly complaining sheweth vnto your honorable L. your daily Sect ' 104. Orator H. H. of E. in the Countie of D. yeoman That whereas about the viii day of October in the xxii yeare of the Raigne of our Soueraigne Ladie the Queenes most excellent Maiestie that now is your said Orator at the earnest request of one H. C. of C. in the said Countie yeoman and R. C. his sonne for and with the said H. did enter and become bounden vnto H. S. of E. aforesaid yeoman in one Obligation or bond of xl l of lawfull English money thereupon indorced with Condition that if the said H. H. and H. C. or either of them their executors administrators or assignes or any of them did well and truely pay or cause to be paide vnto the said H. S. his executors or assignes the summe of twentie pounds of lawfull English money vpon the ninth day of October which then should be in the yeare of our Lord God 1581. at the now dwelling house of the saide H. S. in E. aforesaid that then the said Obligation should be voide and of none effect And the said H. C. and R. C. in consideration thereof did then and there assume vpon themselues and vnto your said Orator faithfully promise that the said H. C. the summe of twentie pound vnto the said H. S. vpon the said ninth day of October in the yeare of our Lord God 1581. would well and truely pay or cause to e paid according to the said condition of the said obligation And that the said H. C. and R. C. would from time to time and at all times hereafter saue keep harmelesse and indempnified your said Orator against the said H. S. of for and concerning the said bond of fortie pounds and of for and concerning all actions suites and troubles to be had or commenced against your said Orator for or by reason of the saide bond of fortie pounds And also that they the said H. C. and R. C. would forthwith haue beene bound vnto your said orator by their sufficient obligation in the summe of foure score pounds for the so sauing harmelesse of your said Orator against the said H. S. as is aforesaid But now so it is if it may please your honorable Lordship that the said H. C. intending your said Orator in this behalfe craftily and subtilly to defraud and deceiue hath neyther paide vnto the said H. S. the said twentie pound the said ninth day of October in the said yeare of our Lord God 1581. according to the effect and meaning of the said condition nor at any time sithence nor the said H. C. and R. C. haue become bounden vnto your said Orator in the said Obligation of fourescore pounds to saue your said Orator harmlesse against the said H. S. as is aforesaid albeit that your saide Orator hath sundrie times gently required them and either of them so to doe the same to doe haue euer hitherto refused and yet doe refuse and denie to doe the same against all right equitie and good conscience contrarie to their faithfull promise and assuumption aforesaid so that your said Orator is likelye verie shortly to be enforced to pay vnto the said H. S. the said twentie pounds which would be to the great damages and hinderance of your said Orator if speedie remedie be not in this behalfe by your good Lordship in due time prouided to preuent the same wherefore and forasmuch
and daily Orator G. N. of T. in the Countie of D. yeoman that whereas your said Orator about the moneth of Ianuary in the xxx yeare of the Raigne of our Soneraigne Lady Elizabeth the Queenes Maiestie that now is by his seuerall bodds or writings obligatory became bonnd to one N. D. now deceased for the paiment of seuerall summes of money vnto the said N. All which said summes of money and euery parcell thereof your said Orator hath truely satisfied and paid to the said N. D. in his life time according to the purport and effect of the said seuerall bondes and writings obligatorie not taking any of the specialties or any acquittance or discharge from the said N. D. for the same but onely trusted the wordes of the said N. D. who faithfully promised your said Orator to sende the same specialties to your said Orators house at Totley aforesaid or sufficient acquittance for the same But now so it is if it may please your good Lordshippe that since the death of the said N. D. the saide obligations and writings obligatory are come to the handes and possession of N. C. of S. in the Countie of Yorke yeoman and T. C. of S. aforesaid yeoman who by colour of hauing thereof haue nowe of late in their owne names as executors to A. D. late wife of the said N. D. and cxecutrix of the last Will and Testament of the same N. commenced suit in her Maiesties Court of common Plees at Westminster against your Lordships said poore Orator vpon one of the said obligatious or writings obligatory of the summe of xii pounds or thereabouts indorced with condition for the payment of sixe pounds at a day mentioned in the same condition and doe threaten to put the residue of the said specialties in suite against your said Orator meaning and intending thereby to recouer against your said Orator the penalties of the said seuerall obligations and writings who hath already paide the principall and due debts of the said N. D. in his life time as aforesaid which is contrarie to all right equity and good conscience in codsideration whereof and for as much your Lordships said Orator hath not any witnesses now liuing that can testifie the paiment of any of the saide summes of money or any part or parcell thereof and therefore can not plead any matter in barre at the common law to the said actions alreadie commenced by the said C. and C. whereby your said Orator by the strict course of the common lawes of this Realme is altogether remedilesse vnlesse your Lordships accustomed goodnesse be to your said poore Orator extended May it therefore please your good Lordship c. A Bill against executors vpon a priuate promise made by their testator retayning an Atturney to prosecute and defend suits for himselfe and others alleaging that the executors haue wasted the Testators goods c. HVmbly complaining sheweth vnto your honorable Lordship your Sect. 103. daily Orator W. W. of F. in the County of Y. gentleman one of the Atturneies of the Queenes Maiesties Court of common Plees before her Highnesse Iustices to be holden of the same Court that whereas one I. M. of T. neere N. in the County of Nottingham Esquier deceased in his life time that is to say about yâ— terme of the holy Trinity which was in the yeare of oâ—r Lord God 1586. did retaine the said W. W. to be of councell with him the said F. M. to prosecute and defend duers and sundry suites plees and businesses to be done and had in the said Court of common plees as well for the said F. M. as for diuers others his then seruants and bailifes and tenants and namely for the said I. M. against R. E. in a writ of Repleuin for three Kine of the said R. supposed to be vniustly taken and detained by the said I. M. And for the said I. M. against H. T. in a Repleuin of the said H. for sixe Oxen supposed to be taken vniustly detained by the said I. M. And for the said I. M. against I. H. in a Repleuin for two Kine of the said I. H. supposed to be taken vniustly detained by the said I. M. And for the said I. M. against E. S. in a Repleuin of certaine cattell of the said E. supposed to be taken vniustly detained by the said I. M. And for R. R. and W. S. against R. L. for three Oxen of the said R. H. supposed to be taken and vniustly detained by the said R. R. and W. S. And for I. S. and R. S. against H. T. alias W. in a Repeuin for certaine beasts of the said H. S. supposed to be taken vniustly detained by the said I. S. and R. S. And for R. R. and W. S. against R. H. in a Repleuin of diuers beasts of the said R. H. supposed to be taken vniustly detained by the said R. R. W. S. And for I. S. T. W. against T. E. in a Repleuin of certaine beasts of the said T. E. supposed to be taken vniustly detained by the said I. T. W. And for the said I. S. and T. W. against the said R. E. in an other repleuin of certaine beasts of the said R. E. supposed to be taken vniustly detained by the said I. S. T. W. taking for his fee labour for euery one of the said plees busines so as is said in the same court by him to be prosecuted and defended for euery terme in which your said Orator should so be Atturney for him or them or any of them 3. sÌ„ 4. d And besides that fee all reasonable costes and expences about the prosecution of the same suites plees and businesses as for the writing of writs sealing of them and drawing and entring of plees and warrants of atturney and also for all other things in that behalfe by him your said Orator be laid forth and expended and in consideration thereof he the said F. M. did about the same time assume vpon himselfe and vnto your said Orator faithfully promise well and truely to content satisfie and pay vnto the said orator whensoeuer he should be thereunto required by your said orator aswel the said fee of 3. sÌ„ 4. d for euery of the said suits plees businesses so to be prosecuted as also all the said costs and expences so as is aforesaid to be laid forth in that behalse by reason of which reteiner promise so as is aforesaid made your said Orator was of counsaile with the said I. M. and the said other persons in the said suits plees in the said court by the space of 8 seueral termes next ensuing the said retainer during the said time did prosecute and sue for defend diuers suits writs aswell iudiciall as originall as by the records thereof remaining in the said court appeareth by reason wherof your Orator fees for the prosecution and defending of the saide suits or plees by
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
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
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
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
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
through the wilfulnes or frowardnes of the saide R. S. according to the charitable and honest intent and purpose of your Lordships saide Suppliant Then your said Suppliant humblie beseecheth your Honor that it may be ordered by your good Lordship that the saide cause may receiue a short speedie vpright and indifferent tryall at the Common lawe in what Court in shall please your good Lordship to appoint And for that your said Suppliant doubteth least by the practise of the said R. S. his libertie may be impeached before the saide supposed cosenage may be fully tryed ended the petitioner therefore humblie beseecheth your good Lo. that by your Lo. order his poore aged father may be protected and defended from arrests or other trouble or molestation vntill the said cause shall receiue a full and finall end and your said Suppliant shall dayly pray to God for c. A Supplication by an Inkeeper imprisoned for treason vpon counterfaite letters from the priuie Counsell who being thereof afterwards discharged by letters from the Counsell had seuerall accions of det laid vpon him before his inlargement And afterwards was from thence remoued to the Fleete and there remayning for his det prayeth that he may complaine of abuses offered to him and to detect others of offences and misdemeanours by them committed And also to write letters to the Commissioners for prisoners for det in the Fleete to compound all causes betwixt him and his creditors To the Right Ho. the Lords c. HUmbly sheweth and complaineth vnto your good Lo. your poore Sect. 185. suppliant dayly Orator I. W. of N. now prisoner in yâ— Fleete That where about the month of September last past in the 32. yeare of her Maiesties raigne one W. P. brought to the said towne of N. certaine counterfait letters vnder the names of the Lo. Chancellor Lord Treasuror and others of her Ma. most honorable priuie Counsell with commandement to I. B. then Maior of the said towne of N. by vertue of the said letters to apprehend take your said suppliant vpoÌ„ suspition of treason to commit him to close prison with beauy irons to be laide vpoÌ„ him the which the said Maior executed acordingly where your said suppliant so continued by the space of 5. weekes And your suppliant being so imprisoned required the said Maior that the said W. P. might be stayed for that he in the same yeare had counterfaited certeine other letters vnder diuers of your Lo. hands but the saide Maior refused to stay him because he came with your Lo. letters to him as he supposed so the said W. P. departed leauing your said suppliant in close prison Whereupon your said poore suppliant sent one to aquaint your ho. with his poore distressed case for redresse reliefe froÌ„ your good Lo. therein who thereupon receiued your honorable letters in your suppliants behalfe directed vnto the said now Maior of the said towne of N. for his enlargement of his said imprisonment But your Lo. said letters notwithstanding your poore suppliant was not set at libertie but detained in prison by the space of 8. dayes after your Lo. letters were deliuered vnto the said Maior by meanes whereof there was one execution for det and diuers other Accions of debt laid vpon him to the vtter vndoing of him his wife 8. poore children your suppliant being a poore Inholder in the saâ—â— towne of N. hauing no other trade of liuing or meanes to maintaine himselfe his poore family by reason of which said vntrue slaunder of suspition of Treason of his long imprisonment of seuen months or more he hath lost all his accustomes guests being many which vsed to come to his said house May it therefore please your good Lo. the premisses being by your Honors tenderly considered for that your said poore suppliant vpoÌ„ his remoue to the prison of the Fleete entered into bond to appeare before your good Lo. at what time soeuer it should please your Ho. to appoint im so to do to admit your said suppliant to complaine before your Ho. of diuers wrongs abuses offered done vnto your poore suppliant as also to discouer detect yâ— said W. some others his confederates of very lewd parts offences coÌ„mitted by theÌ„ And also yâ— it wil please your Ho. to graunt your letters to the CoÌ„missioners for poore prisoners for debt in the Fleete for yâ— speedy compounding ending of all causes betwixt your said suppliant his creditors and your said suppliant as he is most bounden shal dayly pray for your Ho. good Lordship in health and in honour long to continue A Supplication containing that vpon a former supplication the Counsels letters were directed to a knight and others of the cuntrey where both the parties dwelled to heare and end a cause being a matter of account whereupon the knight and the others first wrote their letters to the parties and they not comming before them vpon their letters they did thereupon by vertue of the Counsels said letters send their precept vnto them commaunding them to appeare before them for ending of the said cause who refused to come before theÌ„ the which his contempt was by the said knight c. certified to the Counsell against them And now the petitioner prayeth the Counsels warrant to bring the parties before the said knight c. for the ending of the said cause and if the said parties wilfully refuse to stand to and obey their order then to commit them to the Gaole there to remayne vntill they will be contented to obay and performe the same To the Right Honorable the Lords c. HUmbly sheweth vnto your good Lo. your humble suppliant N. Sect. 186. C. Clothier that whereas vpon a former petition exhibited vnto your good Lo. declaring the iniurious vnconscionable sinister dealings of one T. N. I. his sonne touching a matter of debt account which was by your said suppliant fullie satisfyed Yet continued they suite against your said suppliant for the space of seuen yeares together only of purpose malice to the end to molest trouble impouerish your said suppliant as by diuers certificates then to your Ho. by your saide suppliant shewed did fully at large appeare as also the lewde euill conuersation demeanor of the said I. N. dulie certified vnto your good Lo. by the towne of C. in the County of S. vnder the common Seale of the same towne whereupon it pleased your good L. to direct your honorable letters vnto Sir G. T. of A. in the said County of S. knight others to call before them the said T. N. and all other persons whom that matter did in any wise concerne and that vpon due hearing examination of witnesses vpoÌ„ both parts to be produced to proceede to the finall ending determining thereof according to equitie conscience and thereupon the said Commissioners according to your Lo. said letters of