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A34128 Reports or causes in Chancery collected by Sir George Cary, one of the masters of the Chancery in in [sic] anno 1601, out of the labours of Master William Lambert ; whereunto is annexed the Kings order and decree in Chancery for a rule to be observed by the chancellor in that court, exemplified and enrolled for a perpetuall record there, anno 1616 ; together with an alphabeticall table of all the cases. England and Wales. Court of Chancery.; Carew, George, Sir, d. 1612.; Lambarde, William, 1536-1601. 1650 (1650) Wing C555; ESTC R22868 89,306 152

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the Subpoena therefore he is committed to the Prison of the Fleet Bernard Richers plaintant Tho. Stilman defendant An. 1. Eliz. fo. 249. The defendant was served with a Subpoena the day of the return and for his not appearance an Attachment was awarded against him and upon oath that he was served sixscore miles of so as hee could by no possibility appeare therefore a Commission is awarded to take their Answers in the Countrey paying the plaintant 6 s. 8 p for his costs Henry George plaintant Henry Bolington and Ioane Deane defendants fol. 255. An Injunction is granted to discharge an execution by Elegit taken by the defendant out of this Court for that he being served with a Subpoena did not appear William Hobby plaintant Francis Kemp defendant Anno 1. Eliz. 274. The plaintant served one Rolfe with a Subpoena ad testificandum and after he was served before he could be examined Rolfe was pressed for a Souldier upon oath made hereof Attachment was stayed Richard Humble and Anne his wife plaintants William Malbe defendant Anno Eliz. fol. 3. The plaintant sets forth by his Bill that where there was a suit depending in the Dutchie court between the defendant and Christopher Aschugh his brother for certaine Lands It was agreed and the plaintant was bound to the defendat in 100 l. that the said Christopher should become bound by Obligation in the sum of 100 l. the tenth day of Iune following and should then also make unto him a release and the defendant was also bound by Obligation in 50 l. to pay the said Christopher a sum of money the 9. of Iune in the Parish Church of Da●e And because both the dayes of performance of the conditions of the said severall Obligations were so neer together therefore it was agreed that when the defendant paid his money the said Christopher should make his Bond and release and sheweth that the 9. day of Iune the defendant came not himselfe but sent his servant to pay the money and Christopher was there ready to make the bond release to the defendant and offered to deliver the same to the defendants servants but they refused to accept thereof and afterward the said Christopher offered the same to the defendant but he likewise refused to receive the same and yet puts the plaintants bond of 100 l. in suite in the Kings Bench hereupon an Injunction is granted with a clause si ita sit to stay all further prosecution of any action in any the Queenes Courts at the common law or else where upon the bond of 100 l. against the plaintant and also the taking of any Nisi prius or Judgement or execution upon Judgement if Judgement be already given upon the same Bond untill the defendant have made a perfect Answer and the Court take other order Aschughe plaintant Skelton defendant Anno 2. Eliz. fol. 9. and 12. A Commission is awarded to Thomas Ward one of the examinors of this court of Chance●y for the examining of witnesses in perpetuall memory in which Commission the defendants may examine if they thinke good Barentine plaintant Harbert and Alice defendants Anno 2. Eliz. fol. 46. The defendant was bound by Recognizance to the Chamberlaine of London for payment of divers sums of money for Orphan● portions and departed out of the City and dwelt in Oxford shire leaving no Estate behinde him in the City so as the processe of the City cannot take hold therefore a subpoena is granted against him upon pain of 100 l. to appeare before the Major and Aldermen and to stand to their Order Major and Aldermen of London plaintants Iohn Dormer defendant Anno 2. Eliz. fol. 5. Afterwards fol. 67. ordered if he doe not appeare an Attachment is granted Sr Humphrey Brown Knight one of the Judges of the common Pleas is plaintant against the defendant and an order is made for bringing in and delivery into the court of certaine evidences Sir Humphrey Browne Knight plaintant Thomas Smith defendant Anno 2. Eliz. fol. 53. Nota that dismissions were entred at large Anno. 2. Eliz. fol. 55. and fol. 56. A decree was entred at large in the Registers Booke which be the first I finde entred at large in that kind and so after divers others The defendant appeared upon a Subpaena and answered the plaintants Bill and after attended upon the Lord Keeper for a matter in controversie between him and one Ellin W●yne and in the meane time being arrested in London at the suite of one Anthony Brisket contrary to the order and priviledge of this court it is therefore ordered that a Subpoena of priviledge be granted to the Major and Sheriffes of London for the discharge of the said arrest Rich. Dutton plaint Will. Alersey defend An. 2. Eliz. f. 58. Forasmuch as Thomas Harbert Sheriffe of Monmouthshire hath returned non est inventus upon an Attachment awarded against Roger Williams who is a Justice of Peace and as is informed was at the last quarter Sessions holden for the same County therefore the Sheriffe is amercyed five pound Sir Thomas Stradling Knight plaintant William Earl of Pembrooke defendant An. 2. Eliz. fol. 84. The Defendants Attorney at Law was enjoyned to stay his proceedings at Law against the plaintant in an action of trespasse And notwithstanding this the defendant himselfe proceeded and got Judgement and took out alevari facias against the plaintant and an Injunction was granted against the defendant himselfe to stay the execution of the same Writ of levari facias or if he had executed it and levyed the dammage and costs that then he should bring all the money thereupon received into the Court of Chancery in Crastina Ascensionis Domini to be disposed of as the Court shall think fit and yet notwithstanding himselfe should be then present in Court to answer the contempt Iohn Segewick plaintant William Redman defend An. 2. Eliz. fol. 92. The Defendant was in possession at the time of the Bill exhibited and the plaintant entred upon him after the Bill therefore an Injunction for the defendant against the plaintant William Dowche plaintant Iohn Perrot defendant An. 2. Eliz. fol. 99. An Injunction was granted against the defend upon paine of 100 l. that he should not prosecute an Action of debt of 5 l. or any writ of Nisi prius Jury Judgement or execution of Judgement if Judgement be given before the Justices of either Bench untill speciall licence be given by this Court Thomas Stanebridge plaintant Thomas Hales defendant An. 1. Eliz. fol. 103. Forasmuch as it is informed the tryall of the truth of the matter resteth altogether in the Declaration of the defendant it is therefore ordered that the defendant shall be examined upon interrogatories to be ministred by the plaintant upon whose examination if the matter fall not out for the plaintant then the plaintaint to pay the defendant costs and
of his body begotten with such remainder over as in the last Will and Testament of the plaintants Father is expressed at the costs of the plaintant Young plaintant Leigh defendant Anno 20. Eliz. Bittenson one of the defendants demurred for that he was a Clerke of the Exchequer and ought to be priviledged there and the said Mary demurred without shewing any cause forasmuch as it was openly affirmed by the common voyce of the officers of the same that the said Bittenson may be impleaded in this Court notwithstanding any priviledge in the Exchequer and for that likewise if there were any such cause of priviledge yet he could not have the same in this suite by reason another party who ought not to have any such priviledge is joyned with him therefore a Subpoena is awarded against the defendants to answer East and Scudamore plaintant Bittenson and Mary Valence defendants An. 20. Eliz. It is ordered that in a Bill of perjury put in against the defendant he having put in his answer should not depart untill he be examined upon interrogatories according to the generall order and course in that behalfe accustomed for it was affirmed by the Officers of this Court that by the order and custome of this Court he ought to be examined upon interrogatories Philips plaintant Benson defendant Anno 20. Eliz. The defendant made oath the plaintant came to him on Easter day last in Barrington Church and commanded him in the Queenes name to appeare in Chancery the 17 day after which said defendant demanded the processe and the plaintant answered him he was to serve another and therefore would not leave him any note for his appearance and yet upon his appeance no Bill found in Court therefore the plaintant is adjudged to pay him 20 s. costs Syers plaintant Cotts defendant Anno 20. Eliz. Robert Hodgeson made oath that he left a Subpoena to make a better answer upon the doore of the lodging of the said defendant being at the signe of the Maidenhead without Temple bar whereas both by the report of divers of the neighbours thereabouts as by the recourse of her servants to and fro at the same time by all presumptions she the said defendant was then in the said house and yet she hath not made a better answer therefore an attachment is awarded against the defendant Croker plaintant Hampden defendant An. 20. Eliz. The said defendant hath this present Terme appeared upon a Subpoena at the plaintants suit 15 Pascha and no Bill in Court and for that the defendant hath lost the said Subpoena he cannot demand his charges for want of the said Bill it is ordered no processe of contempt issue out of this court against the defendant upon the said Subpoena Blanch Parvy plaintant Morgan defendant Anno 20. Eliz. The defendant made oath that one of the plaintants servants shewed him a Subpoena tres Pasch. return but would not deliver him the Writ or Labell and now upon the defendants appearance there is no Bill against him in court therefore costs Gray plaintant Gurney defend An. 20. Eliz. The defend by his answer disclaimed of the Clarkship of the Peace in question and confessed thereby that he delivered all the Records and Titlelings of Sessions which he had to Master Treutham Custos Rotulor in the County of Stafford and yet the plaintant hath replyed to the same to examine the manner of assault and other matters touching the death of one Ashbrook and goeth about to examine witnesses thereupon it is ordered that if cause be not shewed to the contrary that no witnesses shall be examined touching the manner of assault or death of Ashbrook or circumstances thereof Archbald plaintant Borrold defendant An. 20. Eliz. The defendant in a scir. fac upon a recognizance to pay 100 l. at Martine in the County of Surrey pleaded payment at Bristow where the Justice of Assize without speciall Commission commeth not to the intent onely to delay the party therefore it is ordered the defendant shall by Friday next either be sworne to his said Plea or else put in such a sufficient issuable Plea as he will stand unto at his perill Lovell plaintant Hopkins defendant An. 20. Eliz. The defendant demurred upon a Bill of Revivor exhibited by the plaintiffes against her for that she was a woman Covert during the time the first suit depended but ordered to answer for that she was party to the suit with the said Twynneho● her husband Ruthel uxor ejus plaintants Dom. Elizabeth Litton late wife to Edward Twinnehoe defendant Anno 20. Eliz. The plaintant and her husband exhibited their Bill against the defendant the husband dyeth the wife now plaintant exhibiteth a Bill of Revivor and goodw Alice Parrot widdow plaintant Randall and Cowarden defendants An. 20. Eliz. It is ordered that from henceforth no entry be made by any the Attorneyes into the Registers Book of this Court of any appearance of or upon any Attachment or Commission of rebellion but that the party so appearing shall first enter into sufficient Bond by Obligation to this Court to be taken by the Register of this Court with condition to attend from day to day and not to depart before he be specially licensed by this Court Pascha 20. Eliz. The defendant refuseth to answer the receit of rent and demurred for that the plaintant may have remedy by Law for the same therefore ordered a Subpoena be awarded to make direct answer Dixe Cantrell plaintants Lintoft defendant Anno 20. Eliz. Whereas information was made to this court on the behalfe of George Stidenham Esq. now Sheriffe of the County of Somersetshire That whereas a Capias upon a Recogn●zance of 133 l. 6 s. 8 d. issued out of this Court in Hilary Terme last to the Sheriffe against the said defendant the said Sheriffe had a Capias also for a debt due to her Majesty to him directed out of the Court of Exchequer both which Capiasses the Sheriffe returned into the said severall Courts the last Terme a cepi corpus languid●● in prisona whereupon a duces tecum issued out of the said Court of Exchequer to the said Sheriffe for bringing in of the body of the defendant into the said Court of Exchequer whereupon the said Sheriffe hath brought up the said defendant and made request this present day to this court that some order might be taken by this court that the defendant may remaine in execution for the debt of the said plaintant after he hath answered his said debt to her Majesty so that the said Sheriffe may not hereafter be charged by the returne made by the Capias upon the said Recognizance in this court it is therefore ordered by the advice of the right honourable the Lord Treasurer and the Lord chiefe Justice of England being present in court that a Habeas corpus be awarded to the Warden of the Fleet to bring