' 95. said bill of complaint exhibited against these defendants into this most honorable Court is very certaine true and sufficient in the law to be answered vnto and not deuised and exhibited into his most honorable Court of malice and euill will without cause conceiued against the said C. C. one of the said defendants to thintent thereby to vexe and molest him his said wife and daughter with vniust trauell and expences as in the said answeres is vntruly alleaged Nor chiefly to thintent and purpose so to wearie and impouerish and terrifie the saide C. C. with such suites that he should neither be able nor willing to prosecute the law against the said complainant for diâ—ers great summes of money which he doth owe vnto him the said C. C. and vniustly detained from him but is exhibited vpon iust cause of suit as the said complainant doubteth not to make manifest and proue vnto this honorable court with that that the said def or some one of them by sinister practise instigation and perswasion did allure prouoke intice the said complainants wife to grow to some discord with the said complainant to essoine and conuey into their or some or one of their keepings the said money goods in the said bill of complaint mentioned promising that the same should be readie vsed for her vse and behoofe to the end that they might the better bring to passe indirectly to gaine or get into their or some or one of their custody possession the said money goods by that means to defeat defraud the said complainants thereof as in the said bill of coÌ„plaint is very truly alleaged And also with that that the said complainaÌ„ts wife did with violeÌ„ce break open some part of the said coÌ„plainants house at S. in the said bill mentioned his said chist there being locked did essoine steale imbeasil conuey away from the said coÌ„plainant seuerall sums of money diuers parcels of his goods houshold stuffe in the night season in the day time by the practise of the said def or some or one of them or of some other person or persons by their or some or one of their means as in the said bil of complaint is likewise very truly declared And with that that the said complainants wife did deliuer or cause to be deliuered the said money goods in the said bill of coÌ„plaint mentioned vnto the custody and possession of the said def or of some or one of them or of some other person or persons by their or some or one of their meanes or consent as likewise in the said bil of complaint is most truly alleaged And without that that there was cause why the said coÌ„plainant should vse speech communication with the said defendants or some or one of them touching the premisses require to haue the said mony goods essoined imbeasiled to be to him restored or to haue some recompence for the same And that the said defendants or some or one of them do conuert and dispose the said money and goods to their or some or one of their vses whereby the said complainant shall be vtterly defeated thereof to his great hinderance as in the saide Bill of complaint is likewise most truly alleaged without that that any other matter cause or thing materiall or effectuall in the said answeres contained to be by the said complainant replied vnto and herein not sufficiently replied vnto confessed and auoided c. A Bill far that the Defendant hath got the Plaintifes bill for payment of money by them into their hands and thereby meane to defraude him of the same HVmbly complaining sheweth vnto your good Lordship your daily Sect ' 96. Orator N. T. of T. in the Countie of D. yeoman That whereas about two yeares now last past your said Orator did sell vnto one I. M. G. W. P. T. alias S. and R. H. foure oxen and three kine for 14. pound of lawfull English money And at the same time made vnto your said Orator a Bill of their hands for the payment thereof at the feast of S. Michaell tharchangell last past But now so it is if it may please your L. that the said bill of 14. pound is by casuall meanes come vnto the hands and possession of the said I. M. G. W. P. T. alias S. and R. H. or of some of them who haue cancelled and defaced the same bill And therefore albeit they haue beene diuers times gently required by your said Orator to pay vnto him the said 14. pound so to him due yet that to doe they and euery of them haue hitherto denied and refused and yet doe denie and refuse to doe the same against all right equitie and good conscience In due consideration whereof and for that your said Orator hath no remedie to recouer the said 14. pound without the said bill by the common lawes of this Realme May it therefore please your good Lordship c. A Bill for wrongfull entering into Copyhold lands intailed detayning of them and of the writings of the same for wasting the same and concontriuing secret estates thereof IN most humble wise sheweth vnto your good L. your daily Orator Sect. 97. A. G. of D. in the Countie of D. That whereas one T. G. father vnto your said Orator was in his life time lawfully seised in his demesne as of fee taile to him and to his heires males of his body lawfully begotten of and in one mesuage or tenement with thappurtenances scituate lying and being in W. in the said Countie of D. And was likewise seised to him and the heires males of his body lawfully begotten of and in foure cottages three closes or pastures and eight acres of arrable land with their appurtenacces lying and being in W. aforesaid being customarie lands and holden of the Q. Matestie as of her highnesse manor of W. aforesaid at the will of the Lord according to the custome of the said manor And the said T. G. being of all and singuler the premisses with their and euery of their appurtenances so seised as aforesaid of such estate died thereof seised By and after whose death all and singuler the premisses with their appurtenances did discend vnto H. G. as sonne and next heire male of the bodie of the saide T. by force and vertue whereof the said H. entred into all and singuler the said premisses with their appurtenances and was thereof lawfully seised to him the heires males of his body lawfully begotten And he so being therof seised of such an estate died seised By after whose death all and singuler the said premisses with their appurtenances did discend and come to T. G. as sonne next heire male of the bodie of the said H. by force wherof he the said T. entred into al singuler the said premisses was thereof lawfully seised in his demesne as of fee taile to him and the heires males of
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
will and commaund you and by vertue of these our Letters patents giue full power warrant and aucthoritie vnto you or to any viii vii vi v. iiii or iii. of you of which number we will that you c. be alwaies one to commit him or them to prison there to remaine till his her or their conformities shall be therein had willing commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be alwaies one that at such times places as to your discretions or to the discretion of any viii vii vi v. iiii or iii. of you of which number c. be alwaies one shall seeme fit and conuenient diligently to attend applie and with speede put in execution the effect of this our Commission so as the complainants before named or any of them which shall haue to do therein may not haue iust cause to make further complaint for delay or want of Iustice willing and commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be one to admit no dilatorie exception to any supplication or supplications bill or bils of complaint exhibited or to be exhibited before you or any viii vii vi v. iiii or iii. of you of which number we will that c. he alwaies one or otherwise to the ouerthrowing of this our Commission But according to our meaning herein to proceed and to go to the full hearing ordering decreeing iudging and determining of the right title and demaund of the parties aforesaid of for and concerning the premisses and euery part and parcell thereof and accordingly to decree and iudge as to equitie and right shall appertaine any act statute law prouision or ordinance to the contrarie thereof notwithstanding And therefore fayle you not as you tender our fauor for if our sayd Subiects O. D. P. P. I. F. M. D. and R. D. should be put from such triall of their right to the premisses as by this our Commission we haue prouided for them Their disabilitie and want of riches wealth friendship and alyance considered and of the other part the said Lord of H. their aduersarie being throughly furnished of all those things and withall being a Lord by byrth and of great calling and aucthoritie and inhabiting within the said Countie where the said lands c. do lye our said subiect should be in perill and danger to be without remedie at our common Lawes there which were no small mischiefe to them The premisses considered we haue graunted this our Commission according to the tenor aforesaid And further we will and commaund you and by vertue hereof giue full power and aucthoritie vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be one that after the right interest title and demaund decreed adiudged and determined as is aforesaid that you haue consideration vnto the hinderance losses and damages which the Complaynants or any of them as is aforesaid haue had and susteyned by reason of the wrongfull deteyning of the possession of the premisses and the said damages by you as is aforesaid taxed and extracted thereof to cause a full execution and satisfaction to be had and made vnto the said complainants and euery of them as is aforesaid And for the better putting in execution of this our Commission we will and commaund the Shirife of that our said County of D. and all other our Officers for the time being to whom in this case it shall apperteine that they and euery of them be attendant vpon you or any viii vii vi v. iiii or iii. of you of which we will that c. be one for thexecuting fulfilling and doing of all and euery act acts thing or things as shall be by you or any viii vii vi v. iiii or iii. of you of which be alwaies one commaunded limited or appointed In witnesse whereof c. Hauing hitherto in some sort shewed the writs of Commissions and course of proceeding in Chancerie suits It seemeth needefull now to expresse what Bills of complaint Answeres Replications Reioinders and Surreioinders be with diuers formes thereof according to the causes of suit ¶ What a Bill of Complaint is A Bill of Complaint is a declaration in writing shewing the Sect. 62. plaintifes griefe and the wrong which he supposeth to be done vnto him by the defendant and what damages he 〈◊〉 by 〈◊〉 sion thereof praying processe against him for â—edresse of the same as may appeare by many examples hereafter following whereupon Hostiensis hath these verses Quis quid coram quo quo iure petatur a quo Recte compositus quisque libellus habet And first the matter of euery bill ought to be true Secondarily the same matter ought to be layd downe therein plainely and certeinly in euery circumstance of the thing person time place maner of doing other accidents And thirdly the same ought to be sufficient in Law both for the forme thereof and for the matter that it be such as is examinable in this Court which being otherwise may be dismissed thence THe direction of all Bills in the Chancerie must be at the toppe Sect ' 63. thereof And when there is neither Lord Chancelor nor Lord Keeper it is thus To the Queenes most excellent Maiestie in her highnesse Court of Chancerie In most humble maner complayning sheweth vnto your most excellent Maiestie your most humble and obedient subiect H. C. c. And when there is a Lord Keeper as at this time thus To the Right honorable Sir Iohn Puckering Knight Lord Keeper of the great Seale of England And when there is a Lord Chancelor then thus To the Right honorable Sir C. H. knight Lord Chancelor of England Their other titles of honor may be also added in the said direction but they are not much necessarie What an Aunswere is AN aunswere is that which the defendant pleadeth or sayth in Sect ' 64. barre to auoid the plaintifes bill or action either by confession and auoiding or by denying and trauersing the material parts thereof And the title of such aunswere is thus The Aunswere of A. B. defendant to the Bill of complaint of C. D. complainant But if there be many defendants then thus The ioint and seuerall aunsweres of A. B. and C. D. defendants to the bill of complaint of E. F. complainant An aunswere is called in Latin Exceptio quae dicta est quasi quaedam exclusio quae interponi actioni cuiuscunque rei solet ad excludendum id quod in intentionem condemnationem iure deductum est Vlpianus What a Replication is A Replication is the plaintifes speech or answere to the defendants Sect. 65. answere which must affirme and pursue his bill and confesse and auoide denie or trauerse the defendants aunswere And note that the plaintife ought to replie the next Terme after that the defendant hath aunswered else may
said E. did so long liue yeelding and paying therefore yearely during the said terme of 21. yeeres vnto your said Orator his executors administrators and assignes twenty shillings of lawfull English money at the feastes of Pentecost and Saint Martin the Bishop in Winter by euen portions as by the same Indenture more at large appeareth by vertue and pretence of which demise the said I. T. and A. L. into all the said tenements and premisses with the appurtenances about the same time entred and were thereof possessed and euer since their entrie haue quietly and peaceably occupied and enioyed the said demised tenements and premisses and the rents issues and profits thereof arising and comming haue quietly and peaceably taken and conuerted to their owne only vse which rents issues and profits of the premisses euer since the making of the said leases which is by the space of ten yeeres now last past haue bin yearely woorth four pounds at the least ouer and aboue all charges and reprises And in truth at the time of the making of the same lease it was fully concluded and agreed by and betweene your said Orator the said I. T. and the said A. L. and the said I. T. and A. L. in consideration of the making of the said lease to them by your said Orator in maner and forme aforesaid and for the causes aforesaid promised that the said lease and their said estate thereby made should be surrendred and yeelded vp vnto your said Orator when eyther the said suits were ended betweene the said R. and them or either of them or when they by vertue of the said lease had enioyed the same demised tenements and premisses by the space of one whole yeare for then the same lease was so as is aforesaid made onely for the defence and trial of the said estate right and title of the said I. T. and A. L. of and in the same tenements and premisses and not to thintent that they or either of them should by reason of the same Indenture according to the purport and tenor thereof for the terme of one and twentie yeares haue and enioy the same for so small a rent which neuerthelesse they haue done and yet do so occupie and enioy the same contrarie to their said faithfull promise agreement as is aforesaid thereof made and yet not contenting themselues with the said occupation of the said tenements c. do not onely denie and refuse to yeeld vnto your said Orator either the said yearely rent reserued vpon the said lease or any other consideration for the occupying of the same and vtterly denie to yeeld vnto your said Orator any rent or consideration for the same being so as aforesaid behinde by the space of ten yeares but also do vtterly denie to yeeld vp vnto your said Orator their said estate and terme of yeares yet to come of and in the said demised tenements and premisses according to their faithfull promises and agreement so as is aforesaid made and further since their said entrie into the said tenements and premisses they the said I. T. and A. L. or the one of them haue razed or defaced all or part of the houses edifices and buildings which at the time of the making of the same lease were standing and being vpon the said demised tenements and premisses and the thacke sâ—ate timber and stone thereof haue either giuen away or conuerted the same to their owne vses without the consent of your said Orator to the intent that the same tenements might so be made vnmeete for the habitation of your said Orator and his said wife whereby they might the rather enforce your said Orator for want of the said buildings to yeeld the same vnto them for little or nothing by reason of the want of the said Indenture there being only one part thereof made together which with such copies as concerne the said copyhold lands are in the hands and possession of the said I. T. and A. L. or of one of them or of some other persons by the deliuery of them or of the one of them the certaine number dates contents and other certainties whereof your said Orator knoweth not and albeit that your said Orator hath diuers times in gentle maner required them the said I. T. and A. L. to deliuer vnto your said Orator the said Indenture and copies and to yeeld vp and surrender vnto your said Orator the said interest of and in the said demised tenements and premisses according to the said agreement and trust yet they so to do haue euer hetherto refused and denied and yet do denie and refuse to do the same and to yeeld vp and surrender the said estate of and in the said premisses according to the trust in them reposed and to repaire and reedifie the said tenements and premisses so by them razed and pulled downe as is aforesaid against all right equity and good conscience and against all good and honest dealing and to the impouerishing and vtter vndoing of your said Orator and his said wife if speedy remedy be not in due time by your Honorable Lordship prouided for the repressing of their said vnconscionable purposes and attempts in the premisses In tender consideration whereof and for so much as the said Indenture conclusion promises and agreements so is aforesaid had and made by and betweene your said Orator the said I. T. and A. L. concerning the premisses were secretly made and agreed vpon by and betweene themselues and few mitnesses being priuy therunto or present with them at the time of the making thereof which might testifie the same and those witnesses such as they were be now either dead or vnto your said Orator vtterly vnknowen being at the same time meere strangers vnto your said Orator then brought thither by them the said I. T. and A. L. as it seemed of set purpose to circumuent deceiue your said Orator and his wife in the premises your said Orator then referring especiall trust and confidence to the said I. T. and A. L. as persons whom he tooke and accompted to haue bin his very especiall goods friends and also very substantiall honest men is vtterly without all remedy by the strict course of the coÌ„mon lawes of this realme of England to recouer either the possession of the same tenemeÌ„ts and premisses of the said rents they hauing his said Indenture of lease as is aforesaid or to recouer the said copies It may therfore please your honorable Lordship the premisses gratiously considered to grant vnto your said Orator the Q. Maiesties most gratious writ of Subpena out of her highnesse court of Chancery to be directed to the said I. T. and A. L. and either of them therby commaunding them and either of them at a certaine day and vnder a certaine paine therein to be limitted to be and personally to appeare before your honorable Lordship in the saide court of C. Then and there to answere vnto the premisses and to
the bargaine and couenants therein contained they the said T. and G. being as is aforesaid vnder the age of one and twenty yeares at the time of the making thereof It may please your honorable Lordship the premisses considered to grant vnto him this complainant the Queenes Maiesties most gratious writ of Subpena to be directed to the said R. E. T. E. and G. E. and euery of them thereby commaunding them and euery of them at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted to be and personally to appeare before your honorable Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and further to stand to and abide such order and direction therin as to your good L. vpon the hearing of the said cause shal seeme to be agreeable with right equity and good conscience c. A Bill against the heire for entring into lands deuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam HVmbly complaining sheweth vnto your good Lordshippe your Sect. 110. poore and distressed orator G. W. of N. in the County of N. yeoman That whereas W. W. deceased father vnto your said Orator was in his life time lawfully seised in his demesne as of fee of and in the manor and Capitall messuage of N. in the County of N. and of and in one farme set lying and being within the parish of W. in the said County of N. of diuers other lands tenements hereditaments in N. aforesaid And also whereas the said W. W. deceased was likewise in his life time lawfully seised in his demesne as of fee of in certaine ground and one tenement with the appurtenances set lying and being within the parish of C. in the Countie of D. and also of and in the rectorie and personage of C. alias C. within the said County of D. and of diuers other landes and tenements set lying and being in the countie of N. and D. and he so being of the said landes and tenements seised did by his last Will and Testament in writing deuise and bequeath vnto your said humble Orator and to the heires males of his bodie lawfully begotten certaine parcels of land of and in the saide Manor of N. that is to say one mansion house wherein your said poore Orator now inhabiteth and dwelleth one close commonly called B. containing by estimation two acres or thereaboutes one other close commonly called C. containing by estimatiō two acres or therabouts one other close commonly called the vpper S. all which seuerall parcels of land are scituate lying and being in N. as is aforesaid in the foresaid Countie of N. one messuage or tenement commonly called by the name of an oxgang scituate and being in W. in the said County of N. and also one tenement called the N. scituate lying and being in the Countie of D. and also one lease of the rectorie and personage of C. in the County of D. by vertue force of which said deuise and bequeath your said humble Orator entered into the said premisses and the saide issues and profits of the same hath perceiued receiued and taken to his owne profit vse and behoofe as lawfull was for himselfe to doe as he verely beleeueth But now so it is if it may please your honorable good Lordship hhat one R. W. brother to your said humble Orator as sonne and heire apparant to the said W. W. his father deceased hath taken away concealed and cancelled as it is thought the said last Will and Testament of your said Orators father and hath taken vpon him the administration of all the goods and chattels of your said Orators father reiecting and disanulling the said last Will and Testament made by your said Orators father as aforesaid to thintent only therby of set purpose malice and vnbrotherlike dealing to defraud expell depriue and disinherit your said Orator of his right title and interest of and in the said lands deuised to him as aforesaid and also doth threaten your foresaid Orator that he may at his pleasure relinquish and disanul the beforesaid last Will and Testament made by your foresaid Orators father as is aforesaid and did take the administration of all your said Orators fathers goods and chattels and entred into all his said landes as is aforesaid contrarie vnto all right equity and good conscience and not christianlike but vnbrotherlike dealing and contrarie to the true intent and good meaning of your foresaid Orators Fathers Will made as is aforesaid vnlesse your good Lordship doe according vnto your accustomed goodnesse extend your clemency and pitty in that behalfe to your poore Orator In consideration whereof the premisses considered and for as much as the title of your said Orator by reason of the vndirect practise vsed as aforesaid in concealing cancelling and relinquishing the said last Will as aforesaid doth greatly depend vpon the witnesse and testimony of certaine persons dwelling within the County of N to prooue the true meaning of your said orators fathers Wil which are of great yeares and also very impotent not like long to liue nor yet able to trauell to this honorable Court to be examined for the testifying of the trueth touching the premisses as by common order appertaineth And also for that in time the said witnesses may die and by meanes thereof your said Orator may be in danger to sustaine disinherison of the premisses May it therefore please your good Lordship to grant the Queens c. A Bill for refusing to receiue the Plaintifes rent according to an order and taking of forfeiture of a bonde made for payment of the rent HVmbly complaining sheweth to your good Lo. your daily Orator Sect ' 111. I. T. of G. in the County of N. yeoman that whereas one I. K. of W. in the County of Yorke Miller pretended as in the right of his wife to be owner of a certaine messuage in E. in the County of N. aforesaid and of certaine land meadow and pasture thereuuto belonging and lying within the fields of E. aforesaid and the said I. R. so pretēding himselfe in the right of his said wife to be seised as is aforesaid about the 19. or 20. yeare of the Queenes Maiesties most gratious Kaigne that now is did demise the said messuage and land in E. aforesaid vnto your said Orator and one A. L. Gentleman to haue and to hold to them for the terme of 21. yeares from the time of the making thereof rendering therefore yeerely the rent of xx s̄ payable at Whitsontide and Martimnas by euen portions for the payment of which said rent of xx s̄ he the said K. knowing himselfe the title thereof to be questionable and likely to grow to some charges in law to your said Orator to defend did therefore cunningly get your saide Orator to become bound in an obligation of xx l for the yearely paiment of the said
secret estates to diuers vnknowne persons to defraude the plaintife of his apt remedie by the common lawe and so prayeth proces against the defendant To the Right Honorable Sir T. E. Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lordship Sect. 145. your dayly Orator I. B. labourer That whereas R. G. Widowe was lawfully seazed in her demesne as of fee of and in three messes twentie acres of land meadow leasowe and pasture with the appurtenances set lying and being in M. in the Countie of B. And the said R. G. being so seazed of all the premisses did of the same about fortie yeares last past enfeoffe certaine persons To haue and hould to them and their heires to the vse and performance of the last will and testament of the saide R. G. and by the same her will deuised all the premisses or the vse thereof to her sonne W. B. and to the heires of his body lawfully begotten with diuers remainders ouer and dyed by and after whose death the said W. B. into the premisses entred and was thereof lawfully seazed in his demeasne as of fee tayle generall by force of the gift aforesaid And the said W. B. so being seazed of the premisses died of such an estate thereof seased by an after whose death the same premisses did discend and come to your said Orator as sonne and heire of the body of the said W. B. by force of the deuise aforesaide by reason whereof your saide Orator in the premisses entred and was thereof seazed in his demesne as of fee by force of the saide gift in taking the issues and profits accordingly vntill of late that is to say about foure yeares last past that as well the saide deede of feoffment and last will and testament aforesaide as also diuers other euidences charters escripts and miniments concerning the premisses are by casuall meanes come to the handes custodie and possession of one R. W. of S. aforesayde in the sayde Countie yeoman who by cullour of hauing of them hath not onely entred into the premisses and thereof expulsed your sayde Orator but also hath contriued diuers secret estates to diuers and sundry persons to your Orator vnknowne in purpose to defraude and delay your sayde Orator to his apt action and remedie by the course of the common lawes of this realme for recouerye of the prâ—misses to your Orators vtter vndoing and disinheritance for euer And for as much as your sayde Orator knoweth not the certayne number nor the dates and contents of the sayde Euidences Charters Escripts or Miniments nor yet wherein the same be contayned whether in bagge or boxe sealed or vnsealed or in chest locked or vnlocked by reason whereof your sayde Orator is clearely without all remedye for the recouerie thereof by the ordinarie course of the common lawes of this Realme In tender consideration whereof may it please your good Lordship the premisses considered to graunt vnto your sayde Orator the Queenes Maiesties most gracious writ of Subpena to be directed vnto the sayde R. W. commaunding 〈◊〉 thereby persoâ—â—lly to appeare before your good Lordship in the Queenes Maiesties high court of Chauncerpe at a short day and â—â—der a certayne payne therein to be limited then and there to answere to the 〈◊〉 and to abide such order and direction therein as to 〈◊〉 and iustice shall appertayne And your said poore Orator shall dayly pray as â—e is bounden for the health and long life of your good Lordship with all increase of honour to Gods will and good pleasure A bill against two for the deliuerie of heâ—reloomes or principalls to the plaintife being sonne and heire according to the custome of the Countie Pallantine of Chester To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great seale of England COmplayning sheweth vnto your good Lordship your dayly Orator Sect. 14â— I. S. of Lincolnes Iâ—â—â— Geâ—â— sonne and heire of I. S. of D. within the Countie of â— That where as the sayde I. S. was in his life time lawfully possessed of and in diuers goods and Chattels as of his owne proper goods that is to say Plate Iewels houshold stuffe beasts cattaile horses and other manner of goods amounting to the value of fiue hundred pound or neere thereabouts and so being thereof possessed made his testament and last will ordeyning thereof Elizabeth then his Wife and nowe Wife to B. P. his sole executrix and shortly after dyed possessed of the premisses as aforesayde within the said Countie of C. Immediatly after whose death the said E. did take vpon her the administration of the said goods and other the premisses accordingly by vertue whereof she was thereof possessed accordingly But so it is and please your Honor that the custome of all the countrie within the said Countie of C. is and time out of minde of man to the contrarie hath beene that if any person or persons being possessed of goods and cattels as of his owne proper goods and cattels and dye thereof possessed that the next heire to him that so dyeth possessed shall haue the best and principall thing of euerie sort and kinde of the said goods and cattels for and in the name of the principals and heire Lomes by force vertue whereof your Orator being the sonne and heire of the said I. S. was after the death of the saide I. S. iustlie entituled to a great part of the said goods and cattels amounting at the least in value to 200. pound or neere thereabouts by reason whereof and for that your said Orator was at the time of the death of his saide father vnder age of xxi yeares and yet is and in ward to the Queenes Maiestie and hauing the possession of so much of all the said goods and cattels as to your said Orator did appertayne and of right belong by vertue of the custome aforesaid being verie neere to the value of two hundred pound by deliuerie of the saide E. in her Widowhood immediatly after the death of the saide I. S. your saide Orator did incontinently thereupon deliuer the same to the said E. to be safely by her kept to your saide Orators vse and to be in like maner safely redeliuered to your saide Orator at such time or times as by your saide Orator or his assignes she should be thereunto required sithence which said redeliuerie made by your said Orator to the said E. as aforesaid the said E. hath taken to husband one B. P. Genâ— by reason whereof all the said goods cattels and other the premisses were and did come after the said entermariage into the hands and possession of the same B. P. which said E. sithens the said deliuerie made by your said Orator vnto her as aforesaide before the day of entermariage hath vtterly refused to make any redeliuerie of the said goods and cattels so by your said Orator to her deliuered as aforesaid or yet to make
the said seuerall mannours extended as aforesaid vnto your Orator to hold them in extend vntill your Oratour were of the saide summe of 1200. l with his costs and expences herein sustayned fully satisfied paid By vertue of which said writ the said Clement Paston then Sherife did deliuer in extent to your saide Oratour the xii day of March then next following the foresaid seuerall mannors of H. W. A. and B. with the two faires holden twise by the yeare and the market of H. there holden euery weeke with the hundred of F. with their appurtenances And the said mannor of H. with the appurtenances And also the said mannor of S. Mo. and WO. with thaduowsons patronage of Sw. M. and W. with their appurtenances together with the mannor of B. with thappurtenances the foresaid mannor of A. with thappurtenances to hold to your said Orator his assignes according to the said extent vntill the said debt of 1200. l together with your Orators costs and damages were taken and leuied of the premisses By vertue whereof your said Orator was of the premisses possessed and so being possessed the said Lord Mo. before that your said Orator had or could receiue any profit of the premisses or of any part or parcell thereof by meanes or reason of the said execution thereupon made deliuered to your saide Orator did make humble suit to your ho. Lordship that it would please the same to moue your sayd Orator to forbeare the taking of the issues rents profits of the said seuerall manors other the premisses from the molesting of the farmors tenants occupiers thereof for the same vntill your ho. Lordship or some others to be by your Lordship apointed had heard determined the cause and reckoning betweene the said Lord M. your said Orator whereupon your said Orator was content at the motion request of your ho. Lordship to permit the tenants of the premisses to continue in their possession quiet and to forbeare the taking of the rents and profits thereof and to referre the hearing and ending of all reckonings demaunds betweene your said Orator and the saide Lord Mo. to the order and determination of maister Doctor S. one of the maisters of this most honorable Court of Chauncerie to S. B. Gent̄ one of your Honors Secretaries being thereunto assigned and apointed by your Lordship in fauour of the said Lord Mo. who entred into examination of the premisses in controuersie betweene the said Lord Mo. and your said Orator and by their mediations and at their requests your saide Orator was content in forgo neere the summe of 100. pound of his iust demaund so that the said Lord Mo. would content and pay the residue to your said Orator in such sort and at such times as the said maister S. and maister Br. did conclude and set downe but the said Lord Mo. meaning and intending still to delay your said Orator and to keepe him both without his money and the profits of the said mannors and other the premisses with the appurtenances whcih were deliuered vnto your said Oratour in execucion towards the satisfying of the debt costs and damages did not only neglect to performe the saide agreement and order taken by the saide maister S. and maister Br. but hath and doth vtterly refuse and denie to performe the same by reason whereof your said Orator for the leuying of his debt costs and damages did purpose and intend to take the benefit of his said execucion and for that end your said Orator about the feast day of S. Michaell the Archangell last past trauayled into the saide Countie of Norffolke where the saide mannors and premisses do lye and there did offer to keepe Courts and did likewise require the tenants occupiers and farmors of the saide mannors and premisses to render and pay to your said Orator the rents issues and profits then due for the said premisses to your said Orator and therewithall your saide Orator did require the saide tenants and occupiers of the saide mannor and premisses to discouer and make knowne to him how and in what sort and by what title they and euery of them did hold claime and enioy the seuerall parcels of the said premisses which they the said farmors and occupiers did seuerally occupie possesse and enioy to the end that your saide Orator might hereafter be assertained and fully instructed how to demaund recouer and come by the rents reserued vpon their seuerall estates and interests which be rightfully belonging and appertayning to your saide Oratour by reason of the saide extent but so it is if it may please your honourable Lordship that the saide L. Mo. T. L. Tho. B. Theodora Goodwin Hen. Blage Steward Thomas Louell Thom. More Henry Hynde Rich. Handford Edmond Coles Tho. Baylie Wil. Drake Geo. Thurstone Rap. Story being all Owners Farmors Tenants Occupiers and Officers of the sayde Mannors and premisses in whose hands and keeping all the Court Rolles Rentalls Leases and counterparts thereof which touch or concerne the saide mannors and premisses or any part or parcel thereof be and remaine Haue confederated together both to defeate your Orator of his lawfull execucion and estate in the premisses and also to defraude and vtterly to take away from your said Orator the rents issues and profits thereof and therefore and for that end the saide Lord Mo. c. did not only denye and refuse to permit and suffer your saide Orator or any other person to his vse to enter into the saide mannors and premisses or to keepe any Courts in and vpon the same but also did and do denie and refuse to pay to your saide Orator any free or farme rents for the saide mannors or premisses or to shew to your said Orator how or by what leases or other titles they or any of them do possesse or enioy the premisses or any part or parcell thereof or what rents or seruices ought to be paid for the same by reason whereof your saide Orator is like to be kept from the benefit of his said execucion against all right equitie and conscience vnlesse your ho. accustomed help be vnto him in this behalfe extended In tender cōsideration whereof for that the said Lo. Mo. c. being owners occupiers of the mannors premisses aforesaid and do conceale keepe from the knowledge of your said Orator aswell your yearely rents seruices fermes as also the sight of their seuerall Indentures of Lease as also the Courtrowles whereby your Orator is without remedy either to recouer any yearely ferme or other the rents and seruices of the Freehold or Copyhold lands pertaining to the said mannors and for that your Orator hath not the counterpanes of your said Indentures of Lease neither knoweth the dates of them nor the certeintie of your fermers reserued or of the rents seruices due payable for your said lands hauing not the Courtrowles to shew forth so as your Orator cannot
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
yeares yet enduring at for a certeine yearely rent thereupon reserued By force whereof the said W. Lo. into the said house or tenemēt other the premisses entred was therof possessed acordingly And the said W. Lo. so being thereof possessed by his deed indented sufficient in the lawe in or about the month of December in the said 36. yeare of the raigne of the said late King H. the 8. bargained sold conueyed the said Indenture of lease so made vnto the said W. Lo. all his title terme of yeares then to come in the premisses to one T. H. Citizen Draper of London his executors assignes By force wherof the said T. H. into the said house or tenement other the premisses entred was thereof possessed the issues profits therof receiued tooke acordingly and so being therof possessed died intestate after whose decease the administration of the said lease of all other the goods cattels debts of the said T. H. were lawfully cōmitted to the hands possession distribution of Ioane the wife of the said Thom. by force whereof the said Ioane into the premisses entred was thereof possessed so being thereof possessed maried tooke to husband one W. P. Citizen Vpholster of London By force of which intermariage the said W. P. into the premisses entered was thereof possessed and receiued and tooke the issues profits thereof acordingly and so being thereof possessed in or about the month of Iune in the yeare of the raigne of our soueraigne Lady Queene Elizabeth that now is by one writing or Pole deede sufficient in the lawe conueyed assured the premisses and all his estate right title interest terme of yeares claime demaund of in and to the same to one W. M. Citizen Draper of London by force whereof the said W. M. into the premisses entred and was thereof possessed and so being thereof possessed by his deede of gift sufficient in the law or by some other good sufficient conueyance assurance in the lawe the certaintie whereof for want of the same your Orators are not able to shew did giue grant conuey or assure the said house tenement other the premisses all other his goods chattels whatsoeuer to one W. B. late of Stoke Albanye in the County of Northampton Gent̄ deceased Barsaba alias Barbara his wife by force whereof the said W. B. and Barsaba alias Barbara into the premisses entred were thereof possessed and so being thereof possessed the said W. B. in or about the month of Ianuarie in the 17. yeare of the raigne of our soueraigne Lady Elizabeth the Qu. Maiestie that now is made declared his last will testament in writing and thereof constituted apointed the said Barsaba alias Barbara his wife his executrir and died of the premisses possessed By and after whose decease y◠said Barsaba alias Barbara by right of suruiuor by vertue of the said executorship held her selfe in y◠premisses was thereof solie possessed receiued tooke the issues profits thereof accordingly so being thereof possessed maryed tooke to husband one Rob. Williams of Stoke Albanie in the said County of Northampton Gent̄ By force whereof y◠said Rob. Williams the said Bersaba alias Barbara his wife or one of them were of the premisses lawfully possessed and so being therof possessed they the said R. Williams Bersaba alias Barbara or one of thē by their or one of their writing of assignemēt sufficient in the lawe in or about the month of February in the 28. yeare of the raigne of our soueraigne Lady Elizabeth the Queenes Maiestie that now is for and in consideration of a certaine competent summe of lawfull money of England to them or one of them in hand paid by one George Smith Citizen and Merchantaylor of London did bargaine sell assigne and set ouer vnto the said George Smith aswell the aforesaid house or tenement the said originall Indenture of lease the saide deede of guift and all other the meane conueyances aforesaide as all the estate right title Interest terme of yeares vse possession reuercion claime and demaund of the said Robert Williams and Bersaba alias Barbara and either of them or of any other person or persons to the vse and behoofe of them or either of them And did couenant promise conclude agree to with the said George Smith his executors assignes that they the said Robert Williams Bersaba alias Barbara Elizabeth Mosier wife of the said W. M. euery of them and the executors and administrators of them euery of them should and would at all times after the making of the said writing of Assignement to the said George Smith as aforesaid and from time to time during the space of diuers yeares make such further conueyance of the said house and all other the premisses to the said George Smith his executors or assignes as by them or any of them or their or any of their Counsell learned should be deuised By vertue whereof the said George Smith into the said house and tenement and other the premisses entred and was thereof possessed and so being thereof possessed in or about the moneth of March in the 28. yeare of the raigne of our saide soueraigne Lady Elizabeth the Queenes Maiestie that now is by his writing of Assignement vnder his hand and seale did well and sufficiently giue graunt bargaine sell assigne and set ouer the saide house or tenement and all other the premisses and all his estate right title interest demaund of in and to the same together with the said originall Indenture of Lease all other the meane assignemēts thereof all other writings euidences concerning the same vnto your Lo. said orators By vertue whereof your orators into y◠premisses entred were thereof possessed the issues proffits thereof receiued tooke without interuption of any person or persons But so it is if it may please your good Lo. that the said deede of gift made by the said W. M. together with y◠said originall Indenture of Lease the meane assignements thereof are casuallie come to the hands custodie possession of the said Robert Williams Bersaba alias Barbara his wife or one of thē who by coulour of hauing thereof haue wrongfully entred into the premisses thereof dispossessed your said orators the possessiō thereof together with y◠said euidences writings detaine keepe frō your said orators by meanes of hauing the writing of Assignemēt made by the said R. W. and Bersaba alias Barbara his wife vnto the said George Smith in their owne hands custodie whereby they haue couenanted to make further assurance vnto the said George Smith his executors assignes vtterly refuse to deliuer vnto your said orators the said euidences writings or to make them any further assurāce of the premisses notwithstanding they haue
timber trees of the said parsonage alwaies excepted foreprised out of the said lease which said estate interest terme of yeres of him the said R. B. of in the said Rectorie your Lo. said Orator by good and sufficient conueyance and assurance in the lawe now hath by vertue of which saide Lease as well the saide R. B. in his life time as also your said Oratour since the death of the saide R. haue by the space of many yeares together beene lawfully possessed of the said rectorie and haue yearely from time to time since the making of the said lease quietly and peaceably receiued leuied taken and enioyed in their seuerall times all the issues commodities profits thereof to their owne proper vse and behoofs without the disturbance let or interruption of any person or persons whatsoeuer vntill now of late So it is if it may please your good Lordship that one I. D. of D. in the saide Countie of C. Esquier hauing by some casuall meanes gotten into his hands and custodie the said Indenture of lease made to the saide R. B. of the saide rectorie by the said Deane and Chapter as aforesaid and diuers other writings and meane conueyances concerning the same of right belonging to your said Oratour became an earnest suitor vnto William I. Doctour of Diuinitie Deane of Christs Church in Oxford aforesaid R. P. T. T. c. being the Chapter of the same Church to procure a lease vnto him the saide I. D. from the saide Deane and Chapter of the tythes of the seuerall Towneships Hamlets places of H. P. c. which said Towneships Hamlets and places are scituate lying and being within the limits and precincts of the saide Rectorie formerlie demised to the said R. B. as aforesaid the said I. D. vntrulie suggesting vnto the saide Deane and Chapter that the Tithes of those seuerall towneships were concealed from the saide Deane and Chapter And that they had no rent or reuenue at all to them therefore answered or paid by your saide Orator nor by any other person or persons vnto which said suit and accomplishment thereof the said Deane and Chapter as your Oratour hath bin credibly enformed would not of long time consent vpon suspicion by them conceyued that the said I. D. had some purpose or intent to procure from them a lease of some such hamlets and towneships as were formerlie demised to the saide R. B. by the generall name of the rectorie of R. wherin the said seuerall towneships were included whereby the saide I. D. might impeach and call in question the validitie of the saide lease made to the saide R. B. And thereupon the said Deane and Chapter did affirme and declare to the said I. D. that they would not demise or graunt vnto him the said I. D. any thing that was comprised in the saide lease made to the said R. B. mentioned or intended to be demised vnto him the saide R. B. in or by the same vnto whome the said I. D. made aunswere that the saide Tithes of the saide seuerall Towneships and hamlets before mentioned were not at all demised by the said Deane and Chapter to the said R. B. and that his purpose was not to challenge any thing by demise from them which was formerlie letten to the said R. B. but only such things as were concealed from the said Deane and Chapter for which he would yearely answere and pay vnto the saide Deane and Chapter the old acustomed rent with an augmentation of a yearely reuenue of Corne acording to the forme of the Statute in such cases prouided Whereupon the said Deane and Chapter giuing credit to the said I. D. and willing to recontinue such things as the said I. D. affirmed to be wrongfully concealed and detayned from them and thereby to increase their yearely reuenue and hauing withall a great respect not to preiudice your said Orator by any lease they should make to the saide I. D. nor to lease any thing demised to the said R. B. did at the importunate suite of the said D. in July in the xxxiii yeare of the Raigne of our gratious soueraigne Lady the Queenes Maiestie that now is by their Indenture sealed with their common seale demise and to farmâ— let to the said I. D. all their tithes of what nature kinde or qualitie soeuer of the saide seuerall towneships and hamlets before mentioned the same being within the saide precinct of the saide Rectorie of R. as aforesaid from the feast of S. Iohn the Baptist last past before the date of the said Indenture vnto th end and terme of one and twentie yeares The said Deane and Chapter then verily supposing that none of the tythes of the saide towneships were included or comprised in the saide lease of the said rectorie of R. made to the said R. B. but that the same were other things exempted out of the saide lease and concealed and wrongfully detained from the said Deane and Chapter and not within the limits and bounds of the said rectorie By coulour of which said lease procured by the saide I. D. by such practise and meanes as aforesaid and by hauing in his hands the said Indenture of lease made to the said R. B. of right belonging to your said Oratour the said I. D. hath of late not only many wayes interrupted your saide Orators possession of and in the tythes of the said towneships and hamlets but hath also thereupon attempted suite in her Maiesties Court of Exchequer at Westminster by writ of Quo minns against your saide Orator for the taking and carrying away of diuers parcels of the said tythes growing and renuing within the said seuerall Towneships and hamlets And albeit your said Orator hath diuers and sundrie times in gentle manner required the said I. D. not only to deliuer vnto your saide Orator the said Indenture of lease so made to the said R. B. together with the said other writings and meane conueyances of right belonging to your said Oratour but also quietly to permit and suffer your saide Orator to haue and enioy the premisses acording to right equitie and conscience Yet that do the said I. D. hath alwayes denied and refused and yet doth denie and refuse challenging the same by vertue of the said supposed lease made to him by the sayde Deane and Chapter contrarie to all equitie and good conscience In tender consideration whereof and forasmuch as your sayde Oratour knoweth not the certaine date and contents of the sayde Lease made to the sayde R. B. and of the meane conueyances aforesayde nor wherein the same be conteyned whereby your sayde Orator is remedilesse for the recouerie of the same by the order of the Common lawe Neither is hee able to pleade the said lease in certentie at the Common lawe whereby he shall iustifie his right and title to the saide tithes by him lawfullie taken as aforesayd And for that the sayd Deane and Chapter were so abused by the
in the Countie of Hertford of the yearely value of 40. l or thereabouts and a certaine yerely rent of 30. l or thereabouts going out of the manor of Shobington in the Countie of Buckingham and diuers other mannors lands tenements and hereditaments in diuers other Counties of England which ought to be contributorie to the payment of the sayd 12. C. pound and therefore the same is vndulie and contrarie to lawe charged vpon the said mannors of Hockering and Northtuddenham which the saide maister Lo. holdeth as a Feoffee for which reason the said maister Lo. as this defendant supposeth hath pursued his Scire facias against the saide complaynant in this honorable Court for the discharge of the said mannors of Ho. and N. from the saide vndue execution and for the recouerye of the sayd issues and profits comming and growing of the same mannors from the time of the said execution for which cause this defendant humbly prayeth this honorable Court that the said complaynant may be referred to the Common lawe to bring his action against this defendant for the recouerie of the said rents due vpon the saide leasses and estates which this defendant holdeth of the saide mannors wherein the validitie of the said extent and execution may be tryed so as the said defendant may know to whom to pay his saide rent without danger or further trouble and this defendant is readye to stand to such order as this honorable Court shall award concerning the shewing to the saide complainants of his estates tearmes which he hath of and in the said parcell of the demesnes of the said mannor of Ho. or holdeth of the same and other circumstances thereof without that that this defendant is Farmer Customarie or free tenant of any other part or parcell of the saide manors or other the premisses in the saide bill mentioned or hath in his hands any Courtrowles Rentalls or Counterpanes of leases concerning the premisses in the saide bill mentioned other then in his Answere before is declared as in the said bill of complaint is vntruly alledged And without that that the said defendant hath vnlawfully confederated with any the persons in the said bill mentioned to defeate the saide complaynant of his lawfull execution and estate in the premisses in the said bill mentioned as in the said bill of complaynt is also vntrulie alledged And without that that any other matter or thing in the said bill of complaynt mentioned materiall or effectuall to be answered vnto and not herein sufficiently answered confessed and auoyded trauersed or denyed is to these defendants or any of their knowledges true All which matters these defendants are ready to auerre and prooue as this honorable Court shall award and prayen to be dismissed out of the same with their reasonable costs and charges in this behalfe most wrongfully sustained A Bill into the Chauncery for detayning of euidences entering into a meadowe and a pasture and making to themselues diuers estates To the Reuerend Father in God Thomas Bishop of Ely Lord Chauncelor of England IN most humble wise sheweth and complayneth vnto your good Sect ' 151. Lordship your dayly Orator G. I. That where W. I. father vnto your said Orator was seised in his demeasne as of fee of and in fifteene Acres of pasture and meadowe with thappurtenances in Clare in the Countie of Suffolke and so being thereof seised dyed by protestacion seised After whose death the saide fifteene Acres of pasture and meadowe and all other the premisses with the appurtenances descended and came and of right ought to descend and come vnto your said Orator as sonne and heire vnto the saide W. I. So it is if it may please your good Lordship that certaine euidences deedes charters and other muniments concerning the premisses are come to the hands and possession of M. G. Widow and A. G. who by colour of hauing the saide euidences haue entered into the premisses and haue conueyed vnto them and to their heires diuers and sundrie estates in the lawe for the disherison of your said Orator and of his heires for euer And because your said Orator knoweth not the certaintie of the saide euidence nor whether it be contayned in bagge or bore sealed or in chest locked he is without remedie for the recouerie of the same by the order of the Common lawe except your Lordships fauour be vnto him shewed in this behalfe In consideration whereof it may please your good Lordship the premisses considered to graunt a writ of Subpena to be directed to the saide M. G. Widow and A. G. commaunding them by the same personally to appeare before your good Lordship in the Kings high Court of Chauncerie at a certayne day and vnder a certayne payne by your good Lordship to be limited there to aunswere vnto the premisses and after to abide such decree and order therein as to your good Lordship shall be thought to stand with right and conscience And your saide Orator shall dayly pray for the preseruation of your Lordships Honor long to endure The Aunswere of one of the defendants to the Bill next before who pleadeth that the plaintifes father sould the landes in the Bill mentioned to T. H. who sould the same to the defendants husband who conueyed the same to the defendant for her life And sheweth that at the time of the saide purchase and after the premisses were in diuers Feoffes in vse and sheweth afterwards the making of the Statute of 27. Hen. 8. for transferring of vses into possession The Aunswere of M. G. Widow to the Bill of complaynt of G. I. THe said defendant saith that the said Bill of complaint is vntrue Sect ' 152. vncertaine and insufficient in the lawe to be aunswered vnto and the matters therein contayned determinable at the Common lawe and not in this honorable Court whereunto the said defendant prayeth to be dismissed and thaduantage thereof to the said defendant alwayes saued if she shall be compelled to make any further aunswere vnto the saide insufficient Bill Then for the declaration of the truth the saide defendant sayth That as to any pasture or meadowe in Clare the saide defendant knoweth not that she is Tenaunt of or hath any that was belonging to the saide W. I. within the sayde towne or parish of Clare or detayneth any euidence concerning the same to her knowledge But the saide defendant sayth the sayde W. I. mentioned in the sayde Bill of complaynt together with I. W. alias Miller I. F. c. were seised of and in seauen Acres of pasture and moore and three Acres and one Roode of meadowe in S. in their demeasne as of fee to the vse of the sayde W. I. and of his heires and so beeing thereof seised the sayde W. I. bargained and soulde the pasture moore and meadowe last before remembred vnto one T. H. and to hys heires for euer By vertue of which bargaine the sayde W. I. and hys sayde other Coefeoffees were thereof
right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your honors good Sect. 161. Lordship your daily Orators A. T. Esquier and Katharine his wife late wife vnto one R. K. deceased and one of the daughters of William W. of B. in the County of Warwike Esquier deceased for and in the behalfe of William C. sonne of the said Katharine and for and in the behalfe of Mary T. and K. T. daughters of the said A. and Katharine and of W. G. sonne of Ed. G. Knight of the body of Margaret G. one other of the daughters of the aforenamed W. W. lawfully begotten Ed. M. and Anne his wife one of the daughters of the aforenamed Ed. G. and Margaret and Tho. M. and Elizabeth his wife one other of the daughters of the said Sir Ed. and Margaret That whereas the aforesaid William W. in his life time had issue seuen daughters that is to say Margerie late wife of Thomas H. Esquier and after that wife to the ho. Sir A. C. Knight one of the Queenes most honorable priuie Councell and now Chauncellor of her highnesse Duchie of Lancaster Godith wife to B. F. Esquier Elizabeth late wife of Ed. B. Esquier deceased Mary wife of William S. Esquier Margaret wife of the said Sir Ed. G. Anne wife of Frauncis Mo. Esquier and Katharine one of your said Orators And whereas also the saide W. W. in his life time was possessed of and in diuers goods and chattels houshold stuffe plate Iewels and also entituled to certaine debts amounting to the value of tenne thousand pounds or thereabouts and so being thereof possessed and entituled did constitute and make his Testament and last Will and by the same did bequeath geue and demise to diuers and sundrie persons diuers great legacies perticulerly and certainely set forth in the said last Will amounting in the whole to the summe and value of 3500. pound or thereabouts And the residue of all his goods Chattels and debts due vnto him after his funerall expences perfourmed his debts paid and all his legacies and bequests perticulerlie contayned and mentioned in his said Will fulfilled perfourmed and payd hee the sayde W. W. by his sayde Testament and last Will did geue and bequeath to the preferment of all the children comming of hys sayde sixe eldest daughters and to W. C. Mary T. and Katharine T. three of the Children of the sayde Katherine nowe Wife of the sayde Anthonye T. youngest Daughter of the sayde W. W. to be equallie deuided amongst them by the discretion of hys executors And by the same hys Testament and last Will hee did ordayne nominate and make the sayde honorable Sir A. C. Knight Sir Ed. G. Knight nowe deceased Basill F. and W. S. Esquiers and one W. B. Esquiers deceased his Executors as by the same his Testament and last Will more at large it doeth and may appeare And afterwards in the moneth of May in the second and third yeares of King Phillip and the late Queene Mary hee the sayde W. W. dyed possessed of the sayde goods Chattels and debts amounting to about the summe or value of tenne thousand pounds After whose decease the sayde Executors did take administer and agree to the sayde Testament which speciall Legacies aforesayde eyther be or might haue beene by the sayde Executors long sithence fulfilled satisfyed and paide so as the residue should and ought to come to the sayde Children according to the sayde Will And although your sayde Oratours haue diuers and sundry tymes required the sayde Executors to make payment of so much of the residue of the sayde goods Cattalls and debts as to them appertayned yet that to doe they and euerie of them haue hitherto refused and denyed contrarie to right equitie and good conscience In consideration whereof and for as much as your sayde Orators cannot certainely tell and declare the seuerall parcels of the sayde goods Cattalls and debts nor what the sayde Executors haue payd or receiued for any manner of debts owyng by or to the sayde W. W. by reason whereof they are vnable to prosecute for their remedie in the premisses at and by the order of the Ecclesiasticall lawes of this Realme May it therefore please your good Lordship to graunt the Queenes Maiesties writ of Subpena to be directed to the said Executors c. commaunding c. A bill contayning that a lease of a rectorie and the buildings gleebe lands and tythes was made by the Deane and Chapter of a Colledge in Oxford to the plaintifes father for terme of yeares reseruing a rent And that the same by force of the said lease was long possessed That the said lease came to the plaintife by meane conueyance and that continuing the tearme the defendant suggesting to the said Deane and Chapter that the said Rectory and tythes were occupied by the plaintife without lease or title hauing a purpose to conceale and defraude the said Colledge of the said Rectorie and tythes became a suitor to the now Deane and Chapter to haue a Lease of the saide Rectorie and tythes for 21. yeares and thereupon obtained a lease thereof for 21. yeares yeelding for it the accustomed rent with an augmentation of rent corne That the defendant hauing obteyned a lease of the saide rectorie and tythes for 21. yeares sued the plaintife for the same in the Excheker at Westminster in a quo minus and that he did interrupt the plaintifes possession And then the plaintife prayeth an iniunction for stay of the saide suite and for the establishing of his possession and proces against the defendant and the Deane and Chapter to aunswere the bill To the Right Ho. Sir Io. Puckering Knight Lo. Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lo. your Sect. 162. dayly Orator T. B. of N. in the Countie of C. Esquier that whereas the Deane Chapter of Christes Church in the Vniuersitie of Oxford were seased in their demesne as of fee in the right of their sayd Church of in the Rectorie Parsonage of R. with the appurtenāces in the said Countie of C. being a Parsonage impropriate and being so thereof seased by their deede indented sealed with their common seale the certain date wherof to your said orator is vnknowne for wāt of hauing the same did for the considerations in the said Indenture specified demise graunt to farme let all the said Rectorie parsonage of R. with the appurtenances all maner of houses barnes glebe lands tithes fruits profits aduātages whatsoeuer to the same Rectorie parsonage belonging or in any wise appertaining vnto one R. B. late of N. in the said Countie of C. Esquier deceassed father vnto your said Oratour for a number of yeares yet enduring reseruing thereby a great annuall rent the tithes of the vicarage of R. aforesaid the patronage disposition thereof and all the woods