The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is (2024)

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Title: The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is annexed another treatise of equitie, the iurisdiction, and proceedings of the high Court of Chauncerye: of supplications, bils, and aunsweres, and of certaine writs and commissions issuing thence, and there also retornable: likewise much augmented with diuers presidents, very necessary for the same purpose, beginning at the 144. section, and continuing to the end of bils and aunsweres. Hereunto is also added a table for the more easy and readie finding of the matters herein contayned: the new additions hauing therein this marke * set before them.
Author: West, William, fl. 1568-1594.
Publication: At London :: Printed by Thomas Wight,; Anno Do. 1601.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: England and Wales. -- Court of Chancery -- Early works to 1800.; Conveyancing -- Great Britain -- Early works to 1800.; Equity pleading and procedure -- Great Britain -- Early works to 1800.; Forms (Law) -- Great Britain -- Early works to 1800.
Link to this Item: http://name.umdl.umich.edu/A14970.0001.001
Cite this Item: "The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is annexed another treatise of equitie, the iurisdiction, and proceedings of the high Court of Chauncerye: of supplications, bils, and aunsweres, and of certaine writs and commissions issuing thence, and there also retornable: likewise much augmented with diuers presidents, very necessary for the same purpose, beginning at the 144. section, and continuing to the end of bils and aunsweres. Hereunto is also added a table for the more easy and readie finding of the matters herein contayned: the new additions hauing therein this marke * set before them." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A14970.0001.001. University of Michigan Library Digital Collections. Accessed June 22, 2024.

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SYMBOLEOGRAPHY. Of the Chauncerie, Proceedings in the same, and Supplications, Billes, and Aunsweres.

The Chauncerie.

SEing by Gods fauor, we intend somewhat to [unspec A] * 1.1 discourse of the maner of proceeding in Chan∣cerie suits, and to set downe some Presidents thereof, to the performing whereof, it seemeth requisite first to vnfold the nature of Equitie, Conscience, & the rigor of the common Lawes of this Realme, as the proper obiect or matter whereabout such suites are for the most part occupied, to the end it may with the more facilitie be vnderstood, how, and when such suits are fitly to be taken in hand. Therefore we wil first speak of Summum ius, (which oftentimes precisely regardeth the verie letter and words of the common Lawes: for remedie whereof, parties grieued, pray aide of this honorable Court of Chauncerie, to bridle ex∣tremitie, and reduce such rigor to Equitie and Conscience.

Of strict or precise Law, which is called Ius summum.

ARistotle calleth it Eract or precise Law, because that, if it haue [unspec A] * 1.2 no allay in it to qualifie the harshnes & seuerity of it, it is vnplea∣sant and sower in tast, and repugnant to Equitie.

And Budaeus saith, that this word (strict and precise Law) is a word, [unspec B] which amongst the Ciuilians, signifieth verie hard law, exact, and ful of rigor, and almost vniust: For they that writ of the Law, make these words, strict Law, and Equitie, opposite, the one to the other, thus farre Budaeus. The Lawiers do also tearme it, Ius subtile, subtil Law. Other Lawiers do tearme it, Summum Ius, Law in the highest degree▪ or most exact, and it is so taken of them, when men stand more vpon the letter of the Law, then vpon the meaning of the writer, or maker of the Law. In which behalfe, it so falleth out oft times, that vnder a colour of know∣ledge

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of the Lawes, many grosse and dangerous errors be committed, Corasius Missel. li. 2. ca. 8. Nu. 12.

Oldendorpius deuideth this Ius summum, or Law in the highest de∣gree, [unspec C] into two branches: the one proper, the other improper.

Law in the highest degree, so properly termed or taken, is an vndoub∣ted [unspec D] & infallible rule of honestie, which may generally without exception be put in executiō in any cōmon weale, whether it be originally groūded vpon the Law of Nature, or vpon the Law of Nations: For examples whereof you may take all the rules and principles of the Law, for these rules and principles of the Law, do in their kind, most strictly and exact∣ly define and bound out the matter which th••y handle, barely and na∣kedly, without any regard of circ*mstances of the fact that may fal out, of which sort of rules are these. Keepe thy word, hurt no man: these are general rules of Law in the highest degree, so righteous and full of Iu∣stice in their kind, that by the Law of Nature it selfe, better and more rightfull cannot be giuen, Li. 1. F. de pactis.

But here you see no respect had to any circ*mstance, of your worde [unspec E] or hurting, for this point belongeth to Equity, or the Court of Consci∣ence, which with vs is called the Chauncery, as the case may fall out. And the law in the highest degree, being thus properly taken, is wrong∣fully termed by the common sort of men, wrong in the highest degree, for to speake generally and at a word, it is the iustest reason that may be, whether Naturall, or Rationall, so farre is it, from being, to be right∣fully taken wrong, vntill it be stretched, and as it were set vpon tenture bookes, to be drawen to some inconuenient circ*mstance of the fact: as when a man doth couenant or giue his word to do some dishonest fact, or hurtfull and dangerous to the common wealth, In which case, if a man should wrest this rule of Law, Keepe thy word, in steede of doing right in the highest degree, he should commit iniustice in the highest degree: Not because the Law hath any fault in it selfe, but because through his error, and cauelling with the Law, he worketh wickednes, not iudging a right the circ*mstances of the fact, wherein Law and right standeth, Li. Si. F. de pactis.

Law in the highest degree improperly taken, is so termed when by an [unspec F] ouer rigorous and hard interpretation, it is drawen to inconuenient kinds of facts, or by colourable arguments, is drawen to frustrate the good meaning of the Law, L. Inciuile cum L. seq. F. de Legibus. Many examples hereof we haue in the Law: As, it is a Law, that no man shall be forced against his will to commence or maintaine any suit or action: Now put the case, that I. S. is wrongfully impleaded by I. N. who hath framed a cunning action, full of glorious shewe against him the said I. S. But I. N. finding in conclusion that he is not able to proue,

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and make good his action, becommeth nonsuit, I. S. praieth remedy of the Iudges against this wrongfull vexation of I. N. and he the said I. N. in defence of his wrongful vexation, vrgeth this rule of Law, that no man is compellable to maintain an action: Shall he be heard in this case: No saith Iustinian, this false glose of I. N. is not to be suffered or borne withal. This tearme or word of Law in the highest degree, being thus taken, we may wel say, that Law in the highest degree is wrong in the highest degree. For the more subtilly that a man doth argue, & the more authorities he heapeth togither, to inforce such a law, so much the more and greater wrong, and iniustice shall he doe.

Of Equitie.

EQuitie is that which is commonly called equall and good, & some∣times [unspec A] * 1.3 equall and iust, and sometime equall, iust, Lib. 1. & Pen. F. de Iusticia & iure, I. si & ius F. si certum petatur, Arist. termeth it Epieices, and other terme it Epieician, which is as much to say, a mittigation, or moderation of the Lawe written, in some circ*mstance, either of the things themselues, of the persons, or of the times. Law (saith Donatus) is that, that maketh all things straight, and not pliable to thone, nor o∣ther. Equitie is that, that dispenseth with many points of the Law. Ol∣dendorpius saieth, that Equitie is nothing else, but a sound or vpright will or iudgement of an honest man, nothing craftie or subtill, so mea∣suring out to euery man that, that is his, that in the meane while noe man is wronged, as appeareth most elegantly in I. bona fides I. Incur∣rit F. depos.

Equitie as some other say, is a reasonable measure, conteining in it selfe a fit proportion & rigor, so that it differeth from Law in this, that Law is a determinate sentence set downe according to the rules of the law: But Equitie is a certaine proportion and allay, vpon good occasi∣ons, setting on side the common rules of the Law, and so they cal it a ru∣led kind of Iustice, allayed with the sweetnes of mercie.

Equitie is diuersly termed in the Law, s••metime it is very signifi∣cantly called a Conueniency, because it ministreth amongest men, a fit proportion, aunswerable to the persons, the matters, the places, and the times. Sometimes, plain dealing, is called Equitie, which is opposite to the dealing of man by nice points of the Law. Sometime it is taken for naturall Iustice, or the Law of Nature. Sometime it is taken for Law that is opposite to forged and deuised Law. Sometime it is taken for Religion &c. And to be short, Equitie, is the correction or amende∣ment of a good Law, which is defectiue in some part, by reason of the generalitie of it.

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Of the diuision of Equitie.

EQuitie is twofold, written, and not written, for Equitie may be v∣sed [unspec A] * 1.4 both in Schooles, and places of Iudgement, two waies: The one, by taking good heed, how, and in what sort, Princes and Lawiers haue obserued Equitie, in making and setting downe of lawes, appoin∣ted to be rules and squares of mens actions: So that if at any time any case falleth out, which is in all points aunswerable to the Law, void of any different circ*mstances, which might require some change, or al∣teration of the Law, they may accordingly frame their iudgements, be∣ing sure and out of doubt, that the Law of Equitie is alreadie chalked out to them.

An other way Equitie is to bee prattised in these particuler facts, [unspec B] which daily fall out, and haue no certain line and square set out for them in the Lawes alreadie made, so that we must bee forced to deliuer our Iudgements in them, according to certain circ*mstances, applyed as neerely as we can, to the principles of our Law. And herein standeth the greatest vse of Equitie, most fit for common weales: And therefore we may well call it an vnwritten Equitie, not because we are at our liber∣ties to define and determine of it, without due regard had to the Lawe written, but because it taketh some libertie not to bind it selfe, to the ge∣nerall Rules of the Law.

Of the efficient cause of Equitie.

GOD is the efficient cause of Equitie, who hath so disposed of the [unspec A] * 1.5 nature of mankind, that we are not in any wise able, to set downe a certaine rule for fu••ure things, and yet hath bestowed vpon vs so much knowledge, as whereby we may frame certain generall rules of honest life▪ which may serue for directions in all particuler actions and facts, daily and hourely falling out amongst men, if they be duly and carefully examined by the rule of Equitie, which hath hereye cast vpon all ordi∣narie circ*mstances.

Of the material cause of Equitie.

THe Law of Nature, the Law of Nations, and good maners, are [unspec A] * 1.6 the materiall cause of Equitie, for a well minded man, and of sound Iudgement, will make of these three an holsome and verie medicina∣ble mixture, for any state and common wealth. But the matter where about this Equitie must occupie and busie her selfe, are the affaires of men, infinite, as they fall out. For right or Law will bee right∣ly ministred, if as matters fall out, the circ*mstances thereof duely considered, the ministers of the Law do frame their Iudgements ac∣cordingly.

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Of the formal cause of Equitie.

THe formal cause of Equitie is the matching and leueling of facts [unspec A] * 1.7 falling out, and the circ*mstances thereof, with the rules of the Law, as buildings are framed to Carpenters lines and squares.

Of the final cause of Equitie.

THe final cause of Equity, or effect, is, to keepe an equalitie amōgst [unspec A] * 1.8 the state of men, who are at much odds & squares amongest them∣selues, to the end, the common wealth may be preserued in safety, which standeth for the most part in righteous iudgements.

Why Equitie is sometimes compared to a ruler.

NOt vnfitly is Equitie tearmed, the rule of maners: for as by a [unspec A] * 1.9 rule the faults of a building are discouered, so doth Equitie Iudge a right, both of the written Law, and also of all mens actions and be∣hauiours: And therefore such as are ministers of Iustice, applie and frame their Iudgements, after the square and rule of good and egall, that is to say: of Gods Law, and the Lawes of Nature. Against which Lawes, what Iudgements soeuer be giuen, cannot be but vniust and vnrighteous.

How Equitie and Clemencie differ.

THere is a difference betweene Equitie, and Clemencie: for Equi∣tie [unspec A] * 1.10 is alwaies most firmely knit to the wil of the Law, which way soeuer it bends, whether to clemencie, or to seueritie. But clemencie is onely proper to the Prince, or those Magistrates, that haue like power of administration of Iustice, as Princes haue.

Of the difference▪ betweene Equitie, and strict Law.

STrict Law & Equitie differ herein, that strict Law doth set downe [unspec A] * 1.11 in a generall sort what it enacteth, & is seuere, and not to be moued, one way or other: it taketh order for things, once for all: the grounds & principles which it bringeth forth are vniuersall, & full of seuerity and sharpnes, from which rules it will not start as••••e, no not the breadth of an heire. But Equity is fitly compared to a Shoomakers shop that is well furnished with all sorts and maner of lastes for mens feete, where each man may be sure to finde one last or other that shall fit him, be he great or ••••all. It is not also vnfitly compared to an Apothecaries shop, stored with al kind of drugges, fit for all the maledies & diseases of men. Which drugs notwithstanding, in case they should be vnskilfull com∣pounded togither, would in stead of healing, worke present death to the patient that should receiue them: For it requireth the industrie and ex∣quisite

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art of a good Phisition, to make a right composition, discerning, and tempering by iust proportions good venims from euill. In like sort in affaires both publike and priuate, equity doth particularly, & careful∣ly examine the causes, the times, the circ*mstances, the sorts and diffe∣rences of persons, and matters, and by former iudgement giuen in like cases, gathereth and frameth an absolute and perfect deciding and deter∣mining the matter presently in question and sute.

And S. German to the like effect saith, Equitie is a righteousnes tem∣pered [unspec C] with mercie, which considereth all the particuler circ*mstances of the deed, Doct. & Stu. Lib. 1. cap. 16.

This Equitie, saieth he, must alwaies be obserued in euery Law of [unspec D] man, and in euery Maxime or generall rule thereof, for that mens acts are so diuers and infinite, that it is impossible to make any general Law which may aptly meete with euery particuler act, and not faile in some special case. Therefore Law-makers do foresee things which may oft happen: in so much as strictly to obserue the word and tenor of the law, were in some cases both against Iustice and the comon wealth. Where∣fore in such cases we must stick fast to that which reason and Iustice re∣quire, which is, that Equitie may mittigate Rigorem iuris, which equi∣tie is no other thing, thē an exception of the Law of God, or of the Law of Reason, from the general principles of mans positiue law, not agree∣ing with them in some particularitie, which exception is inwardly im∣plyed in euery general ground or Maxime of the Law. And yet taketh not away the very right, but substituteth right in steed of that which by the onely letter of the Law seemeth to be right and is not. Neither may we therefore accuse the Law of crueltie (which as is said) generally ta∣ken is good of it selfe, and not cruel, though it reach not fully to euery particuler circ*mstance of mens actions. And therefore if a Law were made, that no man vnder the paine of death, should open the gates of a Citie before the Sun rising, yet he who for sauing the Citizens flying from their Enemies to the same gates, openeth them before that time, offendeth not thintent and equitie of that Law, D. S. Lib. 1. cap. 6. Or if a Statute were made, that whosoeuer doth such an Act should be put to death: yet if one of Non sanae memoriae, or an infant of tender yeres, which wanteth discretion do such an act, they shall not therefore suffer death. Or if a Statute were made, that whosoeuer receiueth or aydeth with meate drinke, or otherwise I. S. an offendor knowing his offence shalbe accessary thereunto as a felon, yet if his wife knowing his offence receyue and ayde him, she shall not thereby be a Felon: for in the ge∣neralitie of such Statutes, Madmen, Infants, and his owne wife are not intēded to be included, but excepted by implication. By l•• which we may gather, that the outward words of the Law onely, are not the law,

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but the inward sence and meaning thereof: For our Lawes (as all o∣ther Lawes) haue two parts, that is to say: the flesh and soule, The let∣ter resembleth the flesh, the intent, and reason, the soule: Nam ratio le∣gis, est anima legis. The Law may be compared to a Nut, whereof the letter resembleth the shell, the sence the kernell: And as the profit of the nut is not in the shell, but in the kernell, so the fruit of the Law is not in the letter, but in the sence: And as he which resteth vpon the shel lee∣seth the fruit of the nut: so he which staieth vpon the letter wanteth the profit of the law, for the letter is sometimes larger, and sometimes nar∣rower then the intent which Equitie regardeth, Plow. 9. b 465. a

And Bracton of Equitie writeth thus: aequitas est rerum conueni∣entia quae in paribus causis paria considerat iura, & omnia bene coequi∣parat. Et dicitur aequitas quasi aequalitas, & vertitur in rebus, id est, in di∣ctis & factis hominum, lib. 1. cap. 4. Sect̄ 35.

How the Chauncerie is termed the Court of Conscience.

ANd for so much as this Court bridleth the rigor of the Common [unspec A] * 1.12 Law, by giuing actions and exceptions for remedies whereby law none were, according to equitie and conscience, to maintaine aequum & bonum, the common people terme the Chauncery the Court of Consci∣ence: Yet herein conscience is so regarded, that Lawes be not neglec∣ted, for they must ioine hands in the moderation of extremitie, Diuers. Cur̄ 105. Nam ipse etiam leges cupiunt vt iure regantur, id est, vt leui, facili, ac benigna interpretatione temperentur, vereque dicitur, Nullus recedat a Cancellaria sine remedio, 4. H. 7. 4.

Of Conscience.

THis Conscience is defined, Reliqua in hominerationis scintilla, bo∣norum, [unspec A] * 1.13 malorumque facinorum, index & Iudex: igitur & bipertita ea approbatio scilicet & opprobatio, illa in bene, hec in secus factis. Iu∣stus Lipsus lib. ciuilis doctrina cap. 5. or thus.

Conscientia est ta••itum animi infallibileque facti nostri iudicium, a communi Iustitiae formula, quam Deus insculpsit omnibus hominibus productum, per quod aut accusatur res mala aut defendi•• bona, Olden∣dorpius, Corasius in Miscel. lib. 4. cap. 20.

Conscience is an actuall applying of knowledge to some particuler act of man, as Saint Germain saith, Doct. and Stu. cap. 15. And Synde∣resis which is termed a natural power of the Soule, perswading good, and disswading euil, D. S. lib. 1. cap. 13. & is nothing els but attenta ob∣seruationis occasio cū o••bus circ*mstantijs eius, Theucid. lib. 7. and mini∣streth the general principles of that knowledge. Vere igitur di••itur, con∣scientiam verā nisi adhibeat, Iudex non potest causam secundum equi∣tatem,

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definire, simille testes, totidem{que} videat ob oculos instrumenta, Conscientia enim (cum mille testium vim obtineat) certa est, non falli∣tur. At in probationibus saepe vel error, vel dolus versatur, sicut experi∣entia heu nimis frequens nos docet, Oldend.

Of Iudgements in Chauncerie.

SO great is the power, iurisdiction, and maiestie of this court, that [unspec A] * 1.14 Iudgements therein giuen are not to be controlled or reuersed in any other Court, then the high Court of Parliament, which is the chiefest of all other Courts in this Realme, Diuers. Cur. 105. 37. H. 6. 14.

Of the power ordinarie of the Chauncerie.

ANd this Court is armed with twofold power, that is to say: with [unspec A] * 1.15 power ordinarie and absolute, 9. E. 4. 15.

By ordinary power the Lord Chauncelor proceedeth as at the com∣mon [unspec B] Law, as in proceeding vpon Recognizances there knowledged, and trauerses of offices, in which parties are to plead and ioyne issue as at common Law. And so in suit against, or for Clerkes of the Chaun∣cerie, and other persons priuiledged by Attachment there for matter of action remediable by the common Law &c. But when they be at issue, the Record must be transmitted into the K. Bench to be tried by Iu∣rie. And when it is so tried, it must be remaunded into the Chauncerie, that iudgement may be there giuen, and execution had vpon the same, 24. E. 3. 45. 14. E. 4. 7. 8. E. 4. 6.

Of the power absolute of the Chauncerie.

THe absolute power is not tied to the rules of the common Law, [unspec A] * 1.16 but by that, matters may be examined omnibus vijs & modis qui∣bus rei veritas melius sciri poterit, & iudged secundum allegata & proba∣ta, and not by Iurie of twelue men, as at the common Law: But by examination of witnesses, as in the courtes of the Ciuill Law, Smithus de Rep. Angl. lib. 2. cap. 12. Diuers. Cur. 106. 9. E. 4. 15. Neither is such precise forme of pleading vsed in the Chaūcerie, as at the common Law, nor any aduātage to be taken for mispleading, or want of forme, so as the substance of the matter be sufficiently disclosed in conscience, Diuers. Cur. 106. 9. E. 4. 15. 24. E. 3. 45. 14. E. 4. 7.

Diuers other speciall aucthorities and priuiledges hath the Lord [unspec B] Chauncelor by sundrie Statutes, as thereby appeareth. And partition made in the Chauncery rendring rent is good, and may well be sent in∣to the Kings Bench, and execution thereupon made by Scire facias, ••7. H. 6. 43. li. Ass. 32. And if lands be recouered from a woman whereof she was endowed in the Chaūcerie, she may haue a Scire facias there to be newly endowed, 29. Ass. 23.

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Of a Subpena.

ANd seeing the ordinarie meanes to call and bring in the parties to [unspec A] * 1.17 aunswere in this Court is eyther by the Serieant of the Mace, as before, or by Subpena which onely is thoriginall processe of this court, and must be directed to the parties, D. St. lib. 1. cap. 17. Smith de Rep. Ang. lib. 2. cap. 12.

Cases remediable in Chauncerie.

HAuing thus perused Equitie and summum Ius with their diffe∣rences, [unspec A] * 1.18 and also what conscience is, whereupon suits in this court do chiefly lie: It seemeth good now specially to consider such speciall cases as be remediable in Chauncerie, and for which a writ of Subpena lieth there, as in cases following.

A Subpena lyeth in no case but where the common Law fayleth, so as the partie who in Equitie hath wrong, can haue none ordinarie re∣medie by the course and rules of the common Law, 39. H. 6. 26. 7. H. 7. 11. as in these cases following, and such like.

As if the Queene by her letters Patents giue vnto A. goods forfei∣ted [unspec C] to her highnes by Treason, A. may sue for the same in Chauncerie, 39. H. 6. 26.

And it seemeth if one Coexecutor alone releas debt due to the testa∣tor, [unspec D] his companion may thereof haue remedie in Chauncery against his Coexecutor onely, if no couin be in the debtor: but if there be, then a∣gainst them both, 4. H. 7. 4. Diuers. Cur. 106.

And by Moyle, if in a Quare impedit by two Coparceners, thone [unspec E] make a false plea of couin betweene him & the defendant, then his com∣paniō by suit in the Court may enforce him to ioine with him in a true count, 6. E. 4. 10.

If lands in Auncient demesne extended by statute Marchant be re∣couered [unspec F] by common recouerie, the cognizee hath no remedie but in con∣science, 7. H. 7. 11.

If feoffees in trust commaunded by cestuy q̄ vse to enfeoffe his ven∣dee, [unspec G] refuse to do it, a Subpena lyeth for the vendee against them, 37. H. 6. 36.

If cestuy q̄ vse deuise by his will that his feoffees make an estate to [unspec H] I. S. for life, the remainder to H. in fee, and I. refuse to take his estate, H. after the death of I. may by Subpena compell the feoffees to make estate to him accordingly, per Ienny & Finch. 37. H. 6. 36.

Tenant in Borough english enfeoffe A. to the vse of the feoffor and [unspec I] his heires and die, his yongest sonne shall haue a Subpena, and not the eldest, for the vse is of the nature of the land, 5. E. 4. 7.

If a man make a feoffement in trust of lands discended to him ex [unspec K] parte matris, and die without issue, his heire ex parte matris may haue

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a Subpena, 5. E. 4. 7.

If a man make a feoffement to performe his will, and after to in∣feoffe [unspec L] his heires, and declare his will for yeares, and die, hauing issue a sonne and a daughter by one venter, and a daughter by another ventre, the sonne dieth without issue before the will be performed, his sister of the whole bloud is to haue execution of the state by the feoffees, for pos∣sessio fratris de feodo (of an vse) facit sororem esse haeredem, & the will for yeares is no impediment of the possession: But otherwise if it had bin of franktenement by the Reporter, 5. E. 4. 7.

If A. seised in fee to the vse of a woman, who taketh an husband, & he [unspec M] selleth the land to S. for money which y^• wife receiueth, & A. at their re∣quest infeffe the vendee, the husbād dieth, the wife may haue a Subpena against the vendee, hauing notice hereof, or else against the feoffee for recompence: for this is the sale of the husband onely, 7. E. 4. 14.

If M. know that W. is infeoffed to mine vse, or of my will, or hath [unspec N] goods giuen to him to mine vse, and buy the lands or goods for money, a Subpena lieth against the vendor and vendee to performe the will or vse, 5. E. 4. 7. 11. E. 4. 8. Diuers. Cu•• 106. But against the vendor only if the vendee haue no such notice, Diuers. Cu•• 106.

A man by Subpena may enforce his feoffee of trust to bring actions [unspec O] in their names, 7. E. 4. 29. as trespas against trespassors, 11. E. 4. 8. yet if the feoffee had released to the trespassor, Cestuy que vse had bin reme∣diles, 11. E. 4. 8. or Assise, 2. E. 4. 2. or trespas for goods giuen to his vse taken away, 7. E. 4. 29. But not an appeale of Robberie, because they be not compelable to ioyne battaile, 7. E. 4. 29.

If a feoffement be made to the chiefe Lord, or others, to vses, he may [unspec P] refuse to execute the estate for extinguishing of his Seigniorie, and no Subpena lieth against him, 16. E. 4. 4.

The heire of the feoffee in trust being in by discent is compellable by [unspec Q] Subpena to execute an estate according to the trust, 22. E. 4. 6.

If a wife will that her feoffees shall infeoffe her husband, he may not [unspec R] compell them thereunto, for the will of a wife in this case is void, 18. E. 4. 11.

If A. be bound to F. to the vse of C. C. in Chauncerie may compell [unspec S] F. to sue A. for the same, 2. E. 4. 2.

If R. deliuer money to A. to deliuer to his executors or administra∣tors [unspec T] to dispose &c. and deliuer A. the same vpon bond to B. to keepe and redeliuer to him, R. dieth, his executors, or administrators may in Chā∣cery compell A. to sue the obligors for the money, 4. E. 4. 37.

If P. be bound in a statute staple to I. and H, to the vse of I, & H. re∣leas [unspec V] P, no Subpena lieth against P. notwithstanding that he had notice of thuse, for euery man may lawfully aide himselfe, 11. E. 4. 8. Diuers.

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Cur. 106. The like of an Obligation to two, to thuse of one, the reme∣die is against him that did so releas, Diuers. Cur. 106. 11. E. 4. 8.

If A. be bound to B. to thuse of C. and B. release, C. may haue reme∣die [unspec W] therefore in Chauncerie, 7. H. 7. 11.

If a man pay debt due by specialtie without an acquitance, or haue [unspec X] an acquitance, and loose it, he shall haue remedy in Chauncery, 22. E. 4. 6. 7. H. 7. 11. But it seemeth to be otherwise, if the debt be by mat∣ter of record, for else might all Records be auoided by witnesses which would distroy the common Law, 22. E. 4. 6. Diuers. Cur. 106. D. and S. lib. 1. cap. 12.

A Subpena lyeth on a promise or agreement by word: as to build a [unspec Y] house, or do any other lawfull act, 8. E, 4. 4. Diuers. Cur. 105.

An action lieth against Executors in Chaūcerie vpon a simple con∣tract [unspec Z] without specialty, 7. H. 7. 11.

If there be 2. obligors, and the obligee giue longer day of payment [unspec aa] to thone of them, & sue thother, he may haue a Subpena, 6. E. 4. 41.

If goods be giuen to defraud creditors, they may haue remedie in [unspec bb] Chaūcerie against the donees, or such as haue the possessiō of the goods, 16. E. 4. 9.

If a man be suerti••••or an others debt, and the debtor, and others be [unspec cc] bound to saue the suertie harmeles, & the suretie haue▪ also goods deliue∣red by the debtor to saue him harmeles: Notwithstāding the suerty pay the debt, yet if he sue his Obligation, the debtor may haue a Subpena for restitution of his goods so pawned for the same, least he should be twice charged therefore, 16. E. 4. 9.

If a man buy a debt due by obligation, and be bound to pay a summe [unspec dd] of money to the vendor for it: yet for so much as the thing sold is chose in action in the vendee he can haue no propertie, and therefore hath not quid pro quo, the vendee may be relieued in Equitie for his owne obli∣gation, 37. H. 6. 13.

And for euidence whereof the plaintife knoweth, neither the certain [unspec ee] contents nor contentment, he may haue remedy in Chauncery, Diuers. Cur. 105.

Learne whether if a transitorie personall action be sued in a forein [unspec ff] Countie, the defendant may stay the plaintife in Chauncerie by Iniun∣ction, Diuers. Cur. 106.

So necessarie be the remedies in Chaunceri e vpon equities allow∣ed [unspec gg] by law, that it seemeth to some not inconuenient to haue assigned such remedies for the 7. ground of the Lawes of this Realme, which are said to consist of 6. grounds onely: First the Law of Reason, 2. The Law of God, 3. Generall Customes of the Realme, 4. Principles or Maxims of Law, 5. Particuler Customes vsed onely in certein places

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of this Realme, 6. Acts of Parliament, Doct. & Stu. Lib. 1. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. and 17.

If a man bound in a single Obligation or bill of debt, pay the money [unspec hh] according to the bond, neither taking an acquitance thereof, nor can∣celling the specialtie of the same, he is by the common Law charge∣able to pay the same debt againe, by vertue of the said specialtie: But may haue remedy thereof in the Chauncerie, Doct. Stu. Lib. 2. cap. 6. 1. H. 7. fol. 14.

¶ A view of certeine cases wherein the partie grieued seemeth wron∣ged [unspec A] * 1.19 in Conscience, and yet is remedilesse in Chauncery.

OF an vniust wager of Law in an action of debt vpon a simple cō∣tract, [unspec B] Doct. Stu. Lib. 1. cap. 18.

Of a false verdict by a graund Iurie in Attaint, Doct. Stu. Lib. 1. [unspec C] cap. 18.

For damages where a man hath right or title to land in the posses∣sion [unspec D] of another, and may by action recouer, onely the land but no dam∣mages, for the meane occupation there is no remedie for the same da∣mages in Chauncerie: As if the tenant in taile be disseised, and the dis∣seisor die seised, and his heire is in by discent, a••••••st whom the issue in taile bringeth a Formedon, he may recouer the land, but no damages, D. S. lib. 1. cap. 19.

A man may not deny that which he hath once affirmed of record, in [unspec E] a Court of Record, nor affirme that which he hath once denied of re∣cord in a Court of Record, nor that whereof he wilfully estopped or ex∣cluded himselfe by deed indented, or otherwise: As if a daughter which is sole heire to her father sue liuerie with her bastard sister, she is reme∣dilesse by law, D. S. lib. 1. cap. 19.

If a thing be found by verdict against trueth before iudgement, D. [unspec F] S. lib. 1. cap. 19.

Where the cause of the law ceaseth, the law also ceaseth in consci∣ence: [unspec G] As lessee for yeares recouereth by iudgement treble damages for a trespas of wast done by an estranger, And he in the reuersion dieth be∣fore his action of wast be ended, yet in conscience he ought to sue execu∣tion for his single damages, for he had no more hurt thereby, D. S. lib. 1. cap. 19.

A Law groūded vpon a false presumption is not to be holden in con∣science, [unspec H] D. S. lib. 1. cap. 19.

Conscience may not preuaile against a lawfull Custome, either ge∣nerall [unspec I] or particuler: As in discents of lands to the eldest sonne by the common Law, to the yongest by Borough English, and to al by Gauel∣kind, D. S. lib. 1. cap. 19.

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So if a man without consideration make a deede of feoffement of [unspec K] two acres of land, lying each in a seuerall Shire, and make liuery of sei∣sin in thone acre onely in the name of both, that wherein liuerie of seisin was made, onely passeth in law and conscience. Doct. St. lib. 1. cap. 20.

If one Iointenant of a wood sell the wood, and keepe all the money [unspec L] receiued for it wholly to himself, his fellow may haue remedy in Chan∣cerie, lib. 1. cap. 19. And so it seemeth, if they were Iointenants in com∣mon, or Coparceners of other things.

If a common person of his mere motion without other consideratiō [unspec M] make a feoffement of a manor, without these words, (with the appur∣tenances) he hath right onely to the demeanes and cōmons, and rents, of the attournement: but neither to Aduowson appendant, nor villein regardant. But in the Kings case, notwithstanding the words (with thappurtenances) were in the graunt: yet neither Aduowsons, nor Vil∣leines do passe, either by Law or conscience, vnlesse they be especially named, D. S. Lib. 1. cap. 19. 6. E. 3. 286. Regist. fol. 228. Fundamenta Legum fol. 70. 43. E. 3. 22.

If a lease for yeares be reseruing rent, with a clause of reentrie, the [unspec N] rent is behind, the lessor dieth before demaund, the heire can neither en∣ter by law nor consci••••e: Otherwise if he made a lawfull demaund thereof, D. S. lib. 1. cap. 20.

If tenant in Dower sow the land and die before the Corne be rea∣ped, [unspec O] hir executors shall haue the Corne: but not the grasse, nor other fruits, D. S. Lib. 1. cap. 20.

If tenant for life, or tenant in taile after possibilitie of issue, alien in [unspec P] fee, he in the reuersion or remainder may enter, and haue the land by the forfeiture, in law and conscience, D. S. Lib. 1. cap. 20. 45. E. 3. 3.

Euery Law ordeined for the disposition of lands or goods, contrarie [unspec Q] neither to the Law of God, nor to the Law of Reason, bindeth in the Court of Conscience, D. S. Lib. 1. cap. 20.

Whether one of the age of xx. yeares, who hauing reason and wis∣dome [unspec R] to gouerne himselfe, selleth his land for money, and therewith buy other lands of better value, and taketh the profits thereof, may haue his first land againe in conscience, as he may in law, repaying the money which he receiued: Yet seemeth he may, because the contract is insuffi∣cient by reason of the infancy. D. S. lib. 1. cap. 21.

If a man sell his land by a sufficient and lawfull contract, though he [unspec S] want liuerie or attournement, or such other solempnities of the Law, yet the sellor is compelable▪ in the Chauncerie to performe the contract, D. S. lib. 1. cap. 21.

If the tenant for life impanelled on an Inquest loose issues & die, they [unspec T] are leuiable by law on him in the reuersiō. And so be the husbands issues

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after his death vpon the wiues land, and as it seemeth in Conscience, for the necessitie of the execution of Iustice. D. S. lib. 2. cap. 21.

No man is bound in Conscience to pay the penaltie of a penall sta∣tute, [unspec V] nor other penaltie vntill it be lawfully recouered against him. D. S. lib. 1. cap. 23.

If A. infeoffe B. in fee of land vpon condition, that if he infeoffe any [unspec W] other, that A. and his heires may enter: this condition seemeth void in Law and Conscience, because it is contrary to the Maximes of the law, notwithstāding thintent of the parties, for thintent must be ordered by law, & if it be not, it is void, as by a feoffement of lands without recom∣pence to A. for euer, he hath estate for life onely, for want of the woord (heires) And a Lease to A. & his heires for xx. yeares, shall go to his exe∣cutors, because it is a chattel, & so by feoffement without recōpence to a man & his wife & a third person, the husband & wife take only the moi∣tie, because they are but one person in law. D. S. lib. 1. cap. 24.

A fine with proclamation & no claime within v. yeres extinguisheth [unspec X] the right of all estrangers, aswell of the parties by law.

And by Conscience also as it seemeth, because thereby the right and [unspec Y] title is made certaine, and thereby the common wealth more quiet, and it is not contrarie to Gods law. Doct. & St. 25.

Common recouery with vouchers vpon writs of Entre orderly pur∣sued, [unspec Z] and no recouery in value to be had in deed barre thissue in taile in law, 23. H. 8. Br. Taile 23. 14. E. 4. 14. & 19. 13. E. 4. 1.

And in conscience as it seemeth, for as the intailes are made by law, [unspec aa] West. 2. ca. 1. euen so by law may they be adnulled. And such Lawes as concerne right or propertie to things, and be not contrarie to the lawes of God, or of reason, are good in conscience. D. S. lib. 1. cap. 6.

If a disseisor giue the lands to I. S. in taile, & he graunteth vnto the [unspec bb] disseisee rent out of the same lands, in consideration wherof the disseisee releaseth his right, this graunt bindeth the issue in taile for euer in law and conscience, because this release doth confirme his estate which the disseisee might else haue defeated. D. S. Lib. 1. cap. 27. 44. E. 3. 22.

If the bodie of a debtor that hath nothing, be by iudgement impri∣soned [unspec cc] vntill he pay his debt, hee seemeth remedylesse in Conscience. D. S. lib. 1. cap. 29.

A recouerie with vouchers of an annuitie intailed, bindeth thissue in [unspec dd] taile neither in law nor conscience, because a writ of Entre doth not lie for an Annuity, nor any other writ then only a writ of Annuity against the person of the grantor or his heire, hauing assets by discent: Or a∣gainst a Corporation, if it be graunted to be perceiued out of their co∣fers, for that an Annuitie is no freehold in law. D. S. lib. 1. cap. 30. 44. E. 3. 5. 2. H. 4. 13. Fitz. Na. br. fol. 152.

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If tenant in taile be disseised and die, and a collaterall aunce••••er to [unspec ee] the heire in taile release to the disseisor with warrantie and die, and the same warrantie discend vpon the said heire, he is barred in law and con∣science. D. S. cap. 31. 35. H. 6. 63. 41. E. 3. 7. 45. E. 3. 23. 19. H. 6. 59. 15. H. 7. 9. & 10. 21. H. 7. 39. 3. H. 7. 9.

Tenant in taile after possibilitie of issue is dispunishable for wast by [unspec ff] law and conscience, because he had once inheritance, 45. E. 3. 3. 39. E. 3. 16. and thereby power to wast without punishment, which power en∣dureth so long as his estate, D. S. lib. 2. cap. 1.

If a man be outlawed before he haue knowledge of the suit, albeit [unspec gg] the surmised cause of action be vntrue, yet the Queene may haue his goods by Law and conscience, by reason of his disobedience in not ap∣pearing, to the hindrance of the effect of law, for he is bound to take no∣tice of the suit being of record at his perill. And the forfeiture grow∣eth by a generall Maxime made for the necessarie execution of Iustice: But it seemeth the defendant may haue remedie in conscience against him which caused him to be outlawed without iust cause. D. St. lib. 2. cap. 3. 21. H. 7. 7. 9. H. 6. 20.

If an estranger do wast lands which another holdeth for yeares, [unspec hh] life, in dower, or by the curtesie, without the tenants assent, the owner of the reuersion may recouer the place wasted, and treble dammages a∣gainst the tenant in law.

And in conscience notwithstanding that the stranger be insufficient [unspec ii] to recompence him for the same, for it is his owne act and follie to take such estate subiect to the chance. D. S. lib. 2. cap. 4.

If a real action be brought by a very lawfull heire, and yet bastardie [unspec kk] being pleaded in him, he is vntruely certified by the Ordinarie to be a bastard, and so barred, the tenant knowing this certificate to be vntrue, ought not in conscience to reteyne the land, yet is there no remedie for him in law, nor in Chauncerie, as it seemeth for that the Bishops cer∣tificat is the highest triall that the law affordeth in this behalfe. And e∣uery stranger may take aduantage of this certificate, and no moe writs may be awarded for further trialll of the trueth thereof, for the auoy∣ding of the incōuenience which might happen, if another Bishop should certifie such bastard to be legitimate. D. S. lib. 2. cap. 5.

If a feoffement in fee be made without deed, or a gift in taile, or a [unspec ll] lease for life, the remainder ouer in fee: Or if tenant for ••fe graunt his whole estate by deed Poll, reseruing rent, in these cases the reseruation is void in law, and there is no remedie therefore but in conscience. D. S. lib. 2. cap. 9.

Learne whether Executors or Administrators hauing assets, be [unspec mm] compellable in Chauncerie to make amends for trespasse done by their

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testator, or to pay debt due by him vpon a simple contract, Do. St. lib. 2. cap. 10.

If tenant in fee haue two sonnes and die, and I. S. abate and thelder [unspec nn] sonne make his executors and dieth, and the yonger recouereth against the abator in Assise of Mortdauncester the lands and damages from the death of his Father, the executors of the elder brother haue no remedie for the damages accrued in his life time, as it seemeth. Do. & Stu. lib. 2. cap. 13.

Tenant in dower hath no remedie in Equitie against the alienee of [unspec oo] her husband for damages growing betweene his death and her demaūd, D. S. lib. 2. cap. 13.

Tenant for life disseised dieth, his disseisor dieth, his heire entreth, a∣gainst [unspec pp] whom the owner of the reuersion recouereth the landes, but no damages by law nor Equitie, D. S. lib. 2. cap. 13.

If a man seised of lands knowing that an other hath good right ther∣vnto, [unspec qq] leuieth a fine with proclamation to extinguish such right, And ma∣keth no claime within v. yeres, he is remedilesse in law and Equitie, D. S. lib. 2. cap. 14.

A man seised of lands in fee hath a daughter, she marieth and hath is∣sue, [unspec rr] & her father dieth, the husband so soone as he knoweth of his fathers death, hasteth to take possession of the land, but before he come to it, his wife dieth, he shal not be tenant by the Curtesie of England, by law nor conscience, because he had not actual possession thereof in the life time of his wife. D. S. lib. 2. cap. 15.

If without consideration a new rent be graunted without deede, or [unspec ss] a reuersion without attornement, the grauntee is remedilesse, Do. St. lib. 2. cap. 15.

A man seised in fee of lands holden by Knights seruice, deuiseth the [unspec tt] whole to A. B. the deuisee thereof is remedilesse for a third part thereof, for that there is no Maxime in law for him, D. S. li. 2. ca. 15.

If the tenant make a feoffement of the land which he holdeth by pri∣oritie, [unspec uu] & taketh estate thereof backe againe and dieth, the Lord of whom he held by priority is remedilesse, D. S. lib. 2. cap. 15.

If the grauntee of a rent charge take a feoffement from the grauntor [unspec ww] of parcel of the lands charged to his owne vse, the whole rent is extinct by the vnitie of possession, because such rent is against common right: And the law deemeth it his owne folie to accept the feoffement, and nei∣ther his ignorance of the deede, nor of the law can helpe him. D. S. lib. 2. cap. 16. & 17. Yet Quaere in Equitie, because the grauntor himselfe is priuie to the said feoffement. D. S. lib. 2. cap. 17.

A. graunteth a rent charge out of two acres of land vnto B. and then [unspec xx] infeoffeth H. of the one acre in fee to his vse, and after H. intending to

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extinguish the whole right, causeth the same acre to be recouered against him, by common recouerie in a writ of Entre sur disseisin in le Post, in the name of the said grauntee (not knowing thereof) and of an other man, who by force thereof entreth and dieth, so that the grauntee is sole seised of all the same acre by suruiuor, to thuse of the said H. The whole rent is hereby extinct by law through the vnitie of possession, though the vse be to H. & it is also extinct in conscience as to the grauntor, because he is neither party nor priuie to that by which thextinguishment grow∣eth. But Quere whether in conscience the grauntee ought to haue the whole rent of H. who caused the said recouerie to be so had. Do. S. Lib. 2. cap. 17.

If a Villein graunted for life, purchaseth lands in fee, and the graun∣tee [unspec yy] entreth before the villein alieneth the same, the grauntee shall haue the land for euer as a perquisite, by reason of the villein. And this both by Law 5. E. 4. 61. and by conscience, D. S. lib. 2. cap. 18. Perkins Sect' 94. 95. 96. & 97.

If one haue a villein for yeres, as executor, who purchaseth lands in [unspec zz] fee, thexecutor by law and conscience shal haue the same lands in fee to the behoofe of his testator, and they shall be deemed assets in his hands, D. S. lib. 2. cap. 18. because he hath them by reason of his villein.

If a Lawier ignorantly or affectionately giue wrong counsel to his [unspec 1] client, who followeth it to his trouble and losse, yet is he remedilesse as it seemeth, D. S. lib. 2. cap. 19. Therefore it is good to aske aduise of none but such as be learned in the Lawes, and of good conscience.

If a man without consideration giue landes by Indenture to H. and [unspec 2] his heires, vpon condition, that if he pay not vnto I. S. ••. li. rent yerely, that then the said I. S. may enter &c. which rent is not paid, yet the said I. S. may neither enter by law nor conscience, because he is neither par∣ty nor priuie to the said condition, notwithstanding the intent of the gi∣uer, for such intent being not grounded vpon the law is void. D. S. lib. 2. cap. 20. Plo. 25. B. But the feoffor as it seemeth may lawfully reenter, because the words of the Indenture implie a condition in law to that ef∣fect, D. S. lib. 2. cap. 23.

If a man without consideration confirme thestate of his lessee for life, [unspec 3] the remainder to another in fee, this remainder is void in law and equi∣tie, because a Remainder cannot commence, but at the same instant that the particuler estate, whereupon it dependeth began D. S. lib. 2. cap. 20. Plow. 25. b. yet the feoffor and his heires in this case may enter for the breach of the said condition.

If by a feoffement indented it be agreed that the feoffee shall yerely [unspec 4] pay to A. B. and his heires a certein rent, and that if he pay it not, that A. B. and his heire may enter &c. albeit the feoffee pay not the money, yet

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may neither the said A. B. nor the feffor enter, for that there is no clause of reentre in the said deede. Howbeit it seemeth he may haue remedy in Chancerie for the said yerely payment. D. S. h. 2. ca. 21.

If A. promise to giue vnto B. a summe of money, or other thing of [unspec 5] meere motion without any consideration, the partie is not bound to per∣forme this promise either by law or in Chaūcerie, because it is Nudum pactum, D. S. lib. 2. cap. 24.

If A. promise to giue B. x. s. in consideration of a trespas by him done [unspec 6] vnto B. yet A. is not thereby bound in law nor conscience, because this is an accord, for which none action lieth. And notwithstanding this ac∣cord, B. may haue his action for the said trespas, because the concord is executorie, D. S. lib. 2. 24.

If a man haue one sonne before mariage, and an other after, and be∣queathed [unspec 7] all his goods to his sonne and heire, it seemeth both in law and conscience, that the sonne borne after mariage shall haue the goods, for he is heire by the common Lawes of the Realme, of which the Spiri∣tual Iudges are bound to take notice, and to giue sentence accordingly of temporal things: Notwithstanding that by the common Lawes the othersonne is legitimate and the testators heire, for the auoiding of the inconuenience which might happen by the contrary iudgements in se∣uerall Courts. In like maner temporall Iudges seeme bound in con∣science to take notice of the common Law, when they are to Iudge spi∣rituall things, and to order their Iudgements according to the same, D. S. lib. 2. ca. 25.

Iointenants and tenants in common of an Aduowson, must within [unspec 8] vi. Monethes after auoidance agree and ioine in presentment of their Cierke. And the eldest sister of Coparceners must present first, and then the second, by turne, or by such composition as they make thereof, except the yongest coparcener be the kings ward, in which case the presentmēt belongeth to the king. And if they keepe not this course of presentment within the sixe Monethes, they loose their presentment for that time. And the Ordinary may present by Laps both in law and conscience, D. S. lib. 2. cap. 33.

And if the auoidance be by death, cession, or creation, the 6. Monethes [unspec 9] commenc•• at the death, creation, or cession, & the patron is bound to take notice thereof. And if by resignation or depriuation, then from notice thereof giuen by the Ordinary to the Patron. If by vnion, from the a∣greement how they shall present, D. S. lib. 2. cap. 31.

The wife suruiuing her husband which tooke a lease for yeres, or life, [unspec 10] in both their names, may lawfully and with good conscience waiue and relinquish it: So may an Executor refuse a terme made to his testator, if he haue not assets, Do. St. lib. 2. 33.

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If A. infeoffe an Abbot by deede indented vpon condition, and the Ab∣bot [unspec 11] onely performeth not the condition, the feoffor both in law and con∣science may reenter and haue his land againe as in his former right. D. S. lib. 2. 34.

Warrantie collaterall.

A Man seised of lands in fee hath issue two sonnes, the elder brother [unspec 12] goeth beyon•• the Sea & remaineth there vntil it be commonly re∣ported that he is dead, the father dieth, the yonger brother entreth into his lands as his heire, and alieneth with warrantie, and dieth without issue of his body, leauing no land to discend to his next heire, and after∣wards the elder brother returneth and claimeth the landes in his owne right, yet is he barred by Law and conscience, for that it is the act of his auncester whose heire he is, by whom as he might haue had aduantage to haue had his lands by discent, from his as his heire, if he had had any, so it seemeth reasonable, that for the priuitie of bloud he sustaine disad∣uantage by him, because both the seller and the buyer were ignorant of the elder brothers life and right, by reason of his owne absence. D. S. lib. 2. cap. 49. Litt̄ sect̄ 704. 705. 707. But if such heire were vouched by [unspec 13] force of such warranty, he might enter into the warrantie, as one that hath nothing by discent from that auncester, and so auoid the warranty.

Debtagainst one as heire.

If the father bind him and his heires for the payment of a debt, & die, [unspec 14] leauing assets by discent to his sonne & heire, he is bound to pay the debt by law and conscience, because he hath such benefit by him, Do. St. lib. 2. cap. 49. 26. H. 8. fo. I. 40. E. 3. f. 38. 12. E. 3. f. 9. 13. E. 3. fo.

It is agreable both with law and conscience, that a man outlawed ei∣ther [unspec 15] in felouie or in actions personals, shall forfait & loose all his goods, because it is so ordeined for the necessitie of the admmistratiō of Iustice, D. S. lib. 2. ca. 49. 43. E. 3. fo. 18. 21. Ass. 21. 39. H. 6. fo. 26. 21. H. 7. f. 7. 49. E. 3. f. 5. 16. E. 4. fo. 6.

The like is of forfaiture of goods attached by default of apparance, [unspec 16] aswel in Court Baron as in Courts of Record, 28. H. 6. fo. 34. H. 6. fo. 29. and 40. 21. E. 4. fo. 78.

A man is disseised of landes, the disseisor selleth the land, the alienee [unspec 17] knowing of the disseisin, obtaineth a release with warrantie from a col∣lateral auncester of the disseisee, who also knoweth that the disseisee hath good right and title to haue the same landes, that collaterall auncester dieth, the warrantie discendeth vpon the disseisee as his heire without assets, yet the disseisee is barred by law and conscience, for it were incon∣ueniēt that such releases & other writings should be auoided by such al∣legations of conscience. D. S. lib. 2. ca. 50. L••t̄ sect' 707.

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If a feme couert being of full age leuie a fine by her husbandes com∣pulsion, [unspec 18] yet after his death she shall neuer for that cause by law nor con∣science, be admitted to auoid such fine, for the incōuenience which might thereof ensue, if by such nude auerments, matters of record should be auoided. D. S. lib. 2. cap. 50. 7. H. 4. fo. 23.

If goods be wrecked vpon the Sea, that is, where goods be cast or [unspec 19] come into the Sea by ship wracke, so that no man, dogg, or catt, come a∣liue to the land out of the ship or barge wherein they were caried (which is deemed a Wrecke, West. 1. cap. 4.) and the owner thereof prooueth them not to be his within a yere & a day after such wrecke, then the Q. ought to haue them both in law & conscience, because she is soueraigne head of the people, and owner of the narrow Seas, and is to scower thē (as it seemeth) from pyrats, & because the property of goods must needs be in some person, otherwise they would perish, which were against the weale publique, & in this case the first owner of the goods is vnknowen. And the like is it, of an Estray, or Deodand: But not of goods volunta∣rily weyued, or casually lost and found by others, for in these two last ca∣ses, the propertie remaineth still in the first owners, D. S. lib. 2. cap. 51. 35. H. 6. fol. 27.

The like seemeth to be where a subiect hath wreckes by prescription, [unspec 20] 11. H. 4. fo. 16.

Nowe that wee haue partly seene where a Subpena lieth, and where not, let vs set downe somewhat of the ordinarie procee∣ding thereupon.

Of the ordinarie proceedings in the high Court of Chauncerie.

FIrst the partie greeued takes out his writ of Subpena against the [unspec A] * 1.20 partie or parties offending, which Subpena is in haec verba.

Elizabeth Dei gratia Angl', Franc' & Hiberniae Regina, fidei defensor [unspec B] * 2.1 &c.
A. C. salutem.
Quibusdam certis de causis coram nobis in Cancell' nostra propositis. tibi praecipimus, firmiter iniungentes quod omnibus alijs pretermissis, & excusatione quacunque cessante, in propria persona tua sis coram nobis in dicta Cancellar̄ nostra a die Paschae proxim̄ futur̄ in vnum mensem vbicunque tunc fuerit, ad respondend' super hijs qu•• tibi obijcientur tunc ibidem. Et ad faciend' vlterius & recipiend' quod Curia n••a considerauerit in hac parte. Et hoc sub pena centū librar̄ nul∣latenus omittas. Et habeas ibi hoc breue.
Teste me ipsa apud Westm̄ xij. die Feb. Anno Regni nostri tricesimo sexto.
Gorge &c.

But if the defendant be a Noble man, then no Subpena is awarded, [unspec C] but a letter by the L. Chauncelor, or L. Keeper, thus.

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After my verie hartie cōmendations to your Lordship, whereas there* 2.2 hath bin of late a Bill of complaint exhibited into the Court of Chaun∣cerie against you by H. D. gentleman, I haue thought good to giue you notice thereof, rather by these my priuate letters, then by awarding her Maiesties ordinarie proces: Wherefore these are to pray your Lordship to giue order for the taking out of a copie of a Bill, and for the putting in of your aunswere thereunto, according to the vsual course in such ca∣ses accustomed, at or before octabis Hillarij next ensuing. Of the which nothing doubting but that your L. will haue the care and regard which appertaineth, I leaue your L. to the most mercifull keeping of the Al∣mightie. From Saint A. the ix. of May, 1594.

Your very louing friend Io. Puckering.

The Superscription.

To my very good Lord, I. L. D. giue these.

And it is to be noted, that by the Statute 15. H. 6. cap. 4. a Subpena [unspec D] * 2.3 is not grauntable without suerties to yeeld damages vnto the defendāt, if he be not vniustly vexed. And it were good to obserue this course, for auoiding of causelesse and trifling suites, to which most men be ouer prone.

Yet if the defendant doe appeare at the returne of the Subpena, and [unspec E] * 2.4 no Bill be put into the Court by the plaintife against him, then costes are to be graunted for such wrongfull vexation. And thereupon he may haue a Subpena ad soluend' for the same costs in forme following.

ELizabeth Dei gratia Angl' &c.
I. S. salutem &c.
vsque firmiter iniun∣gentes, [unspec F] * 3.1 quod to soluas, vel soluifacias R. N. xl. s. qui per considerati∣onem domini Cancell', vel domini custod' magni sigilli, & cur̄ Cancell' nostr̄ praedict' eidem R. adiudicat̄fuerunt pro misis & expensis suis quae ipse sustinuit ratione & occasione cuiusdam queremon̄, quam tu erga eundem R. in Cancell' nostra praed' minime prosequereris cum ef∣fectu, iuxta formam statuti inde edit̄ & prouisi, veltu ipse sis coram nobis.

Or thus, pro expensis soluend'.

Quod tu soluas, vel solui facias praefat̄ R. xl. s. qui eidem R. adiudicati [unspec G] fuerunt in Cancellaria praedict' pro expensis suisoccasione iniuste vex∣ationis quam ipse nuper indebite sustinuit in quadam billa versus ipsum R. in eadem Cancellaria ad prosecutionem tuam nuper fact̄, iuxta for∣mam &c. vt supra.

Or thus.

Quae sustinuerunt occasion̄ cuiusdam breuis nostri de Subpena eis di∣rect' [unspec H] ad sect' tuam prosecuti ad comparand' coram nobis in dicta Can∣cell'

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nostra ad certū diem iam preteritum, pro eo quod tu ad diem in di∣cto breui content̄ aliquam billam siue materiam versus eos minime ex∣hibueris, vel tu ipse sis &c. Per Cancell'.

Although the writ import, that the Bill is put in before the taking [unspec I] out of the same, yet if the plaintife put in his Bill by the returne of the* 3.2 writ, it is sufficient and no further proces passe. And although the writ mention the paine of C. li. or such like, yet if the defendant do not ap∣peare* 3.3 at the returne of the writ, either by himselfe or his Atturney, the said paine is not forfaited or leuiable, for it is in terrorem tantum, 8. E. [unspec K] 4. 6. 10. H. 7. 4. Then vpon O the made before some Master of the Chā∣cerie* 3.4 for the seruing of the subpena, which Oath must be, that it was serued on the defendant himselfe, or at his dwelling house, so that hee might haue notice therof, or that the deponant did see another serue the same, as aforesaid, or that the defendant confessed to the deponent, that he was serued, an Attachment shalbe awarded against the defendant as is said, in haec verba.

Of an Attachment.

ELizabeth &c. vt antea,
vic' South. salutem,
Praecipimus tibi quod at∣tachias [unspec A] * 4.1 A. C. Ita quod eum habeas, coram nobis in Cancellaria no∣str̄ in crastino sanct' Trinitatis proxim̄ futur̄ vbicun{que} tunc fuerit, ad res∣pondend' nobis tam de quodam contemptu per pref. A. C. nobis illaf vt dicitur, quam super hijs que sibi obijcientur tunc ibid'. Et adfaciend' vl∣terius & recipiend' quod Cur̄ nostra considerauerit in hac parte. Et hoc nullatenus omittas. Et habeas ibihoc breue.
Teste &c.

And if the defendant cannot be found vpon the Attachment, and that* 4.2 the Sherife returne, quod def. non est inuent̄ in balliua sua, sometimes the Court vpon motion will (if the plaintifes suit be for the stay of some suit or action of extremity at the common law) stay the defendants suit, vntill he hath answered the plaintifes vil, and satisfied the Court for his contempt, but in ordinarie causes the party proceeds to his Attachment with proclamation which followeth in haec verba.

Of an Attachment with Proclamation.

ELizabeth &c.

Vicee' S. salutem,

Precipimus tibi, quod in omnibus & [unspec A] * 4.3 singulis locis infra balliuam tuam, tam infra libertates quam extra, vbi magis expedire videris, ex parte nostr̄ publice proclamarifac', quod A. B. sub pena ligeantiae suae curam nobis in Cancellar̄ nostra in octab. Sancti Michaelis proxim̄ futur̄ vbicunque tunc fuerit personaliter com∣pareat, & nihilominus si ipsum A. B. interi•• inuenire poteris, ipsum attach. Ita quod eum habeas coram nobis in dicta Cancellaria nostra ad diem praedictum, ad respondend' nobis tam de quodam contēptu per

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praefat̄ A. B. nobis illat̄ vt dicitur, quam super hijs que sibi obijcientur tuncibidem. Et ad faciend' vlterius & recipien d' quod Curia nostra con∣siderauerit in hac parte. Et hoc nullatenus omittas. Et habeas ibi hoc bre∣ue.

Teste &c.

An Attachment in the Cinque ports.

REgina &c. predilecto & fideli suo W. Brooke Milit̄ dn̄o Cobham [unspec A] * 4.4 Constabular̄ castri sui Douor̄, ac deputato suo in officio custodis quinque portuum suorum salutem, vobis mandamus quod sub sigill' officij vestri balliuo libertatis ville de Hastings vel Maiori vel Iuratori∣bus antique ville detis in mandatis quod attach. H. S. Ita quod eum habeat &c.

An Attachment in the Countie palantine of Lancaster.

REgina &c. Cancellario suo ducatus sui Lanc' veleius deputato ibi∣dem [unspec A] * 4.5 salutem, vobis mandamus quod per breue nostrum sub sigil∣lo nostro com̄ nostri ducatus praedicti vic' nostro eiusdem com̄ detis in mandatis quod attach. R. S. Ita quod eum habeat coram nobis in Can∣cellar̄ nostra in quindena Paschae proxim̄ futur̄ vbicunque tunc fuer̄ ad respondend' nobis tam de quodam contemptu per praefat̄ R. S. illat̄ vt dicitur quam de alijs sibi tunc ibidem obijciend' & and faciend' vlterius & recipiend' {quam} cur̄ nostra considerauit in hac parte. Et hoc nullatenus omittat & habeat ibi breue quod sibi inde deuenit. Teste &c.

The attachment for costs is of the same forme of the Attachment next [unspec B] before (verbatim) and is thus indorsed, viz. Per Cur̄ ad sectam A. B. quia non soluit expensis. And if the Attachmēt be awarded against any dwel∣ling within the Countie Palantine of Chester, then it is directed to the Chamberlaine of the countie Palantine of Chester, and is of this forme ensuing.

ELizabeth dei gratia angl', Franc', & Hiberniae Regina fidei defen∣sor̄ [unspec A] * 4.6 &c.

Camerario suo Cestr̄, Salutem,

Mandamus vobis quod per breue nostrum sub Sigillo nostro comitat̄ nostri Palatini Cestr̄ detis in mandat̄ vicecom̄, com̄ praedict' quod attachiat R. M. gen̄. Ita quod eum habeat̄ coram nobisin Cancellar̄ nostra in quindena Paschae proximo futuro vbicunque tunc fuer̄ ad respondendum nobis tam de quodam contemptu nobis per praefatum R. illat̄ vt dicitur quam de alijs tunc ibidem obijciendum. Et ad faciendum vlterius & recipien dum quod curia nostra considerauerit in hac parte. Et hoc nullatenus omittatis. Et habeat ibi hoc breue.

Teste me ipsa apud Westm̄ 14. die Martij, Ann̄ Regni nostri decimo octauo.

W. Cordell.

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And the attachment is endorsed as followeth.* 4.7

Per curiā ad sectam I. B. & alijs quia non soluit expensis.

The returne of the Attachment by the Chamberlaine.

Responsio Ro. comit̄ ••••icester̄ camerar̄ com̄ Pallantin̄ Cestr̄.

Virtute istius breuis mihi direct' {per} breue dn̄e Regine sub sigillo com̄ Pallentin̄ praed' dedi in mandat̄ prout vlterius mihi praecipitur vic' co∣mitat̄ praed' qui mihi sic respondit vt sequitur.

The Sherffies returne to the Chamberlaine.

Infranominat̄ R. M. non est inuentus in balliua mea.

Ro. St. miles vic' com̄ Cestr̄.

And if the Sherife returne, quod def. non est muent̄ in balliua sua, vp∣on that proclamation, then a Commission of Rebellion insueth as fol∣loweth, to such Commissioners as the plaintife nameth.

Of a Commission of Rebellion.

ELizabeth &c.

delictis sibi A. B. C. D. E. & F. salutem.

Quia A. B. cū [unspec A] * 4.8 per publicas proclamationes per Vic' South, in diuersis locis eiusdē Comit̄, virtute breuis nr̄i eidē vicecom̄ direct̄, ex parte nr̄a praeceptum fuerit, qđ idem A. B. sub pena ligeantiae suae coram nobis in Cancell' no∣stra personaliter compareret. Mandato tamen nostro in ea parte parere manifeste contempsit. Ideo vobis coniunctim & diuisim mandamus, quod praefat̄ A. B. vbicū{que} fuerit inuent̄ infra Regnum Angl' tanquam Rebellem & legis nostrae contemptorem attach. vel attachiari facias. Ita quod eum habeatis, vel habere faciat̄ coram nobis in dict̄ Cancell' nostr̄ in Crastin̄ animarum proxim̄ futur̄ vbicun{que} tunc fuerit, ad res∣pondendum super hijs quae sibi obijcientur tunc ibidem. Et ad faci∣end' vlterius & recipiend' quod Cur̄ nostr̄ considerauit in hac parte. Et hoc nullatenus omittat̄. Damus enim vniuersis & singulis Vicec', Ma∣ioribus, Balliuis, Constabularijs, & alijs officiarijs, Ministris legeis & sub∣ditis nostris quibuscunque, tam infra libertates quam extra tenore prae∣sentium firmiter in mandatis, quod vobis & quilibet vr̄m in executio∣nem praemissorum intendents sint, & assistentes in omnibus diligenter prout decet.

In cuius rei testimonium has literas nostras fieri fecimus patentes. Teste &c.

A Supersedeas of the Commission of Rebellion.

REgina &c.

dilectis sibi A. B. armigero T. G. & H. S. generosis salu∣tem

[unspec A] * 4.9 licet nos nuper per literas nostras patentes vobis coniunctim & diuisim mandamus qđ T. K. vbicunque inuent̄ foret infra regnum nostrū angliae tanquam rebellem & legis nostrae contemptorem atta∣chiat̄ vel attachiar̄ fac' ita qd' eum habetatis vel her̄i fac' coram nobis in cancellar̄ nr̄a ad certum diem in eisdem literis patentibus content̄

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ad respondend' nobis tam de quodam contemptu per praefat̄ T. K. illat̄ vt dicibatur, quam de alijs sibi tunc ibidem obijciend', prout in eisdē literis plenius continetur. Quibusdam tamen certis de causis nos iam speciailter mouentibus vobis & cuilibet vr̄ ••••andamus qđ cuicunque executioni literarū nr̄arum paten̄ praedict' per vos seu aliquem vestrum fact' vel faciend' versus praedict' T. K. supersedeatis omnino praedictis literis paten̄ in contrarium in aliqua non obstante. Et si ipsum T. K. pre∣textu literarum paten̄ praedictarum ceperitis seu aliquis vestrum ce∣perit, tunc ipsum a prisona qua si•• detinctur siea occasione & non alia detineatur in eadem sine dilatione deliberari faciat̄. Teste &c.

A supersedeas to the Chauncellor of the Countie Pa∣lantine of Lancaster.

REgina &c.

Cancellar̄ ducatus sui Lanc' vel eius deputat̄ ibi∣dem [unspec A] * 4.10 salutem:

Quia A. B. &c. vob' mandamus quod per br̄e nr̄m sub sigillo nr̄o com̄ ducat̄ Lanc' custodib' pacis nr̄ae in dicto com̄ Lāc' ac vic' eiusdem com̄ & eorum cuilibet detis in mandat̄ &c.

A Supersede as to the Chamber lame of the countie Pallantine of Chester.

REgina &c.

Camarario suo Cestr̄ vel eius locū tenenti ibid' salutem.

[unspec A] * 4.11 Quia P. H. &c. vob' mādamus qđ {per} br̄e nr̄m com̄ p̄d' tam Iustic' nr̄is apud Cestr̄ quā Iustic nr̄is, ad pacem in com̄ Cestr̄ conseruand' as∣signat̄ ac vic' eiusdem com̄ & eorum cuilibet detis in mandatis &c.

A Supersede as of an Attachment.

REgina &c.

vic' W. salutem

licet nos nuper per br̄e nostrū tibi pre∣ceperimus [unspec A] * 4.12 qđ Attachiares A. R. Ita qđ eum haberes corā nobis in Cancellar̄ nr̄a ad certum diem in dicto br̄i content̄ vbicun{que} tunc fo∣ret ad respondend nobis tam de quodam contemptu per p̄fat̄ A. illat̄ vt dicebatur quam de alijs sibitunc ibidem obijciendum. Quibusdā ta∣men certis de causis nos iam mouent̄ tibi praecipimus quod execucioni br̄is nostri praed' versus p̄fat̄ A. fact̄ vel faciend' supersedeas omnino. Et si ipsum A. ea occasione ceperis, tuncipsum a prisona qua sic detinetur si ea occione & nō alia detineatur in eadem sine dilatione deliberari fa∣cias.

Teste &c.

Of an Ini••••ction.

AND if the partie defendant cannot be ••aken by the vertue of the [unspec A] * 4.13 said Commission: then if the plaintifes suite be for title of land, the Court some times graunts an I••iunction to the plaintife for pos∣session, till the defendant and hath appeared, answered, and satisfied his con∣tempt. If for stay of suit at the common law, then an Iniunction vp∣on motion of the Court may be obtained: for the proceeding in this* 4.14 Court is, by the said writs, and by orders, iniunctions, & decrees, which if the defendant resist, his punishmēt for this resistance, and for his con∣tempt

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in not appearing, is imprisonment in the prison of the Fleete, as is said, during the Lord Chauncelor, or L. Keeper their pleasure, or vntill he wil obey and performe the order and decree of the same Court, 37. H. 6. 13. and 14. 39. H. 6. 26.

Of Apparance.

BUt if the defendant appeare by Atturney, vpon Affidauit or oath [unspec A] * 4.15 made, that the defendant is not able to trauaile for the aunswering of the same cause personally in the Chauncery without daunger of life, or by reason of extreame age, or other infirmitie, or reasonable cause, then or otherwise the Chauncelor or Lord Keeper, or the Master of the Rolles by their discretions, may, and often doe graunt Commissions to certain Gentlemen of credit in the Countrie where the defendant dwelleth, to receiue and certifie his answere in writing, including the complainants bill within the same Commission. The forme of such Commission insueth.

Of a Dedimus potestatem or Commission to receiue an aunswere.

REgina &c.

Dilectis sibi W. S. & A. B. armigeris salutem.

Cum I. [unspec A] * 4.16 B. quandam petitionem coram nobis in Cancellar̄ versus W. C. & I. vxorem eius nuper exhibuit quodque eisdem W. & I. per breue nostrum praeceperimus, quod essent coram nobis in dicta Cancellar̄ no∣stra ad certum diem iam praeteritum, peticioni praedict̄ responsur̄. Ac ijdem W. & I. adeo impotentes sui existant, quod vsque cur̄ Cancell' nostram praedict' ad diem illum ad responsiones suas eidem peticioni faciendas absque maximo corporum suorum periculo laborare non sufficiunt vt accepimus. Nos statui eorundem W. & I. pie compacien∣tes atque de fidelitatibus vestris plenius confidentes, dedimus vobis vel duobus vestrum potestatem & aucthoritatem ipsos W. & I. de & super materia peticionis praedict' diligenter examinand'. Et ideo vobis vel duobus vestrum mandamus, quod ad certos diem & locum quos ad hoc prouideritis ad praefat̄ W. & I. accedatis, si commode ad vos labo∣rare non possint, ac ipsos W. & I. de & super materia petic' praedict' su∣per sacrament̄ sua coram vobis vel duobus vestrum corporaliter prae∣stand' diligenter examinetis dictasque suas responsiones recipiatis & in scriptis redigat̄, & cum illas sic receperitis, eas nobis in Cancellar̄ no∣stra praedicta cum tenore praedicto ac nomina Attorn̄ suorum ad lu∣crand' vel perdend' in praemissis in octabis &c. vbicunque tunc fuerit sub sigillis vestris vel duorum vestrum plane distincte & aperte mittatis & hoc breue. T. &c.

Which Commission is commonly returned with this indorce∣ment. [unspec B]

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Executio istius breuis (or) istius Commissionis patet in [unspec C] * 4.17 quibusdam scedulis eidem annexis.

Adding the Commissioners names thus.

W. S.

A. B.

And then to file the said Bill which is sent inclosed in the said Com∣mission, [unspec E] and the defendant answere to the backeside of the same Com∣missiod. And vnder the said answere the Commissioners most com∣monly cause the defendant to subscribe his name, or to set his marke, & set downe thereunder also, these or the like words.

Capta apud C. in com̄ Eborum, 32. die A. anno Regni [unspec F] Elizab. Dei gratia, Angliae, Franciae, & Hyberniae Regi∣nae fidei defensor̄ &c. 36. cor̄ nobis.

W. S. &

A. B.

The Commissioners subscribing their names also to the said an∣swere. [unspec G] * 4.18 And when this or any other Commission retournable in this Court is executed & retourned, it must be brought into the same Court, eyther by one or mo of the Commissioners thereof, or by some other cre∣dible person: but if any other then some of the Commissioners doe put it into the Court, he must make oath that he receiued the same Commis∣sion, at the hands of some of the Commissioners thereof, and that by his consent, procurement, or knowledge, it hath not bin opened or altered since he so receiued the same.

Of a Supersede as to stay the execution, of a Commission to examine witnesses.

AND yet some time vpon good cause a writ of Supersede as is a∣warded [unspec A] * 4.19 to stay the execution of such and other Commissions in this forme following.

Regina
praedicto & fideli suo Io. domino Darcy, Ac dilectis G. F. [unspec B] A. E. & T. R. armigeris salutem.
Licet nos nuper per breue nostrum assignauimus vos tres vel duos vestrum, ad quoscun{que} testes super qui∣busdam Interro gat̄ in dicto breui nostro interclus. pro parte W. W. quer̄, versus R. M. & I. S. defendentes. Ac quod vos examinationes te∣stium praedictorum nobis in Cancellar̄ nostram ad certum diem in di∣cto breui nostro limitat̄ sub sigillis vestris trium vel duorum vestrum mitteretis, prout in eodem breui nostro plenius continet̄. Quibusdam tamen certis de causis nos ad praesens specialiter mouentibus, vobis praecipimus quod in executione dicti breuis nostri per vos: tres vel duos ve∣strum, vlterius fact' vel faciend' minime procedatis, sed inde superse∣deatis vnico dicto breui nostro vobis prius in contrarium direct' non obstan̄,
T. meipsa apud &c.

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A commission to prooue that one who had made Affidauit, that the defen∣dant was so sicke and impotent that he could not appeare in the Chan∣cerie to answere the plaintifes bill, had therein deposed vntruly.

REgina

predilecto & fideli suo O. domino sancti Iohn de Ble••soe ac [unspec A] * 5.1 dilectis sibi Lodouico Dyue R. N. & R. A. armigeris salutē.

Cum nuper cur̄ nostr̄ Cancellar̄ ex parte I. G. millitis relatum fuerit & sug∣gestum erat per sacramentum cuiusdam R. L. qđ praefatus I. G. crastino sancti Martini vltimo preterito ita laborauit aduersa valetudine & adeo impotens sui extitit qđ vs{que} dictam curiam nr̄am Cancellar̄ praedict' ad diem illum ad respons. suam petitioni R. G. armig' fiend' abs{que} maxi∣mo corporis sui periculo laborare non sufficiebat. Et nos veritatem ex∣piscari & inuestigare volentes vt tuitius & consultius pro iustitia in hac parte procedere valeamus per vos certiorari volumus, dedimus vobis i∣gitur tribus vel duobus vestrum ac per presentes damus potestatem, & aucthoritatem scrutandi inquirendi, & inuestigandi tam super articulos & interrogatoria per antedictum R. G. coram vobis tribus vel duobus vestrum deliberandum & ad testes quoscun{que} ministrandū quos maxi∣me pro testatione premissorum fore videritis necessariam coram vobis euocandum. Ac ipsos testes & eorum quilibet tam de & super articu∣lis praedict' cum cunctis circ*mstantijs diligenter examinand' examina∣tionesque suas in scriptis redigend', quam omnibus alijs vijs, medijs & modis quibus melius sciueritis, seu poteritis vtrum prefatus I. G. ita lan∣guidus fuit ad dictum diem crastinum sancti Martini quod abs{que} peri∣culo sui corporis laborare minime potuit. Et ideo vobis tribus vel duo∣bus vestrū mandamus qđ visis presentibus ac tenore articulorum & in∣terrogatoriorum praed' per prefatum Reginaldum ministrā dorum, & {per} vos plene intellectorum testes praed' quos in hac parte vt praed' est fore videritis necessarios euocetis coram vobis tribus vel duobus vestrum ad certos dies & loca, quos ad hoc prouideritis venireque faciatis, ac ipsos & eorum quemlibet de & super veritate premissorū super eorum sacra∣mentis corā vobis corporaliter prestandū diligēter examinetis, exami∣nationes suas recipiatis, & in scriptis redigatis & tunc cum sic feceritis nos inde in Cancell' nostra de omni facto vestro in hac parte in octabis sancti Hillarij proximo futur̄ vbicun{que} tunc fuerit sub sigillis vestris triū vel duorū claus. reddatis certiores vna cum breui nobis remittend',

Teste regina apud Westm̄ 28. die No. ann̄ regni reginae Eliz. 10.

Of imperfect Answere.

BUt if the defendant appeare personally, or by Atturney, and make [unspec A] * 5.2 an imperfect answere, then vpon demurrer tendred, and motion made in Court by the plaintifes counsaile, shewing the imperfection of* 5.3 such answere, an order will be made, that the defendant shal make a bet∣ter answere by some certaine time, and thereupon issueth a Subpena ad

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faciend' meliorem responsum.

Reioyning and ioyning in Commission, ad examinand' testes.

AND when the defendant hath made a perfect aunswere, the [unspec A] * 5.4 plaintife eyther of his owne accorde, or by order in Court must replie, or be dismissed for want of a replication, and ordered to pay* 5.5 to the defendant costes for his wrongfull vexation, but vpon replica∣tion put in by the plaintife, the plaintife is to take out a Subpena a∣gainst* 5.6 the defendant ad reiungend', & iniungend' commission̄ ad exa∣minand' testes, which differeth nothing from the said subpena ad com∣parand', but that it is indorsed with these or the like words:

Adreiung endum & iniungendum in commissione in ma∣teria [unspec B] W. S. Naming the plaintife.

And thereupon the defendant must put in his reioinder to the plain∣tifes [unspec C] * 5.7 replication. And if any other matter bee in the defendants re∣ioinder then was in his aunswere, then may the plaintife put in a sur∣reioinder, and thereby aunswere the same, and so proceede to perfect* 5.8 issue, the forme of all which hereafter appeareth: And the parties beyng so at issue, they either examine their witnesses before the exa∣miners of the Chauncerie in Court, or doe procure a Commission, ad* 5.9 examinandum testes, to certaine persons of good credite informe fol∣lowing.

Of a Commission ad examinand' testes.

ELizabeth Dei gratia, Angliae, Franciae, & Hyberniae, Regina, fi∣dei [unspec A] * 6.1 defensor̄ &c.
dilect' sibi I. F. R. H. armig', R. W. & N. S. ge∣nerosis salutem.
Sciatis quod dedimus vobis, tribus, vel duobus ve∣strum, potestatem, & authoritatem testes quoscunque de & super qui∣busdam interrogatorijs tam ex parte W. W. armigeri quaeren̄, quam ex parte A. M. vid' defen̄, vobis tribus vel duobus vestrum delibe∣randum diligenter examin̄. Et ideo vobis tribus vel duobus vestrum mandamus, quod ad certos dies & loca quos ad hos pro••••deritis te∣stes praedictos coram vobis tribus, vel duobus vestrum venire fac' & euocetis. Ac ipsos testes, & eorum quemlibet de & super Interroga∣torijs prae dictis super sacramenta sua coram vobis tribus, vel duobus ve∣strum, per sancta Dei Euangelia corporaliter praestandum diligenter examinetis. Examinationesque su••s recipiatis, & inscriptis in perga∣meno redigatis. Et cum illas sic ceperitis eas nobis in Cancellariam no∣strā in quindena Paschae proximum futurum, vbicunque tunc fuerit sub sigillis vestris trium vel duorum vestrum claus. distincte, & aperte mittatis vna cum Interrogatorijs praedictis, & hoc breui: Prouiso sem∣per

description Page 188

quod dict' defend' habeant praemonitionem per spatium quatuor∣decim dierum, de die & loco executionis huius commissionis ante exe∣cutionem eiusdem,
T. meipsa apud Westmon̄ 7. die Febr̄. anno regni nostri tricesimo sext̄.

The returne of which Commission is commonly indorced vpon [unspec B] the same thus:

Executio istius commissionis patet in quibusdam scedulis eidem [unspec C] commissioni annexis.

The Commissioners names. W. S. A. B. C. D.

And then to file the interrogatories and depositions to the backe [unspec D] * 6.2 side of the Commission, and vpon receipt of such Commission, the Commissioners or the partie which hath the cariage of the same, if the day and place for execution thereof be not limitted in the Commission, doe vse to giue notice thereof to the partie in writing vnder their hands thus:

A notice whereby Commissioners may giue the parties warning of the time and place of their sitting for the exe∣cution of such Commission.

AFter our hartie commendations, whereas wee haue receiued her [unspec A] * 6.3 Maiesties Commission foorth of her Highnesse Court of Chaun∣cerie to vs and others, directed for the examination of witnesses be∣tweene C. S. plaintife, and W. R. defendant. These are to signifie vnto you, that for the Execution of the same Commission, wee whose names are subscribed haue appointed to sit at S. in the Countie of D. the last day of the next moneth, by viii. of the clocke in the forenoone of the same day, which wee haue thought good to signifie vnto you, that you may haue your Commissioners and witnesses then there ready ac∣cordingly, if you thinke it expedient for you. And so bid you farewelll, 27. Feb. 1600.

Your louing friends, A. B. C. D.

Of cyting Witnesses.

AND if such Commission giue authoritie to them, to cyte and call [unspec A] * 6.4 witnesses before them, they vse to doe it by such a Precept as fol∣loweth. The Precept of Commissioners, to b••ing witnesses before them to be examined.

By vertue of her Maiesties Commission foorth of her Highnes Court [unspec B]

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of Chauncery to Sir A. N. Knight, L. R. Esquier & vs, directed for the examination of witnesses betweene G. S. plaintife, & W. K. defendāt: These are in her Maiesties name to charge & commaund you, and euery of you, whose names are hereunder written, personally to appeare be∣fore vs at S. the last day of this Moneth of August, by 8. of the clocke in the afternoone, then and there to depose your seueral knowledges, vpō the part and behalfe of the said G. S. And hereof faile you not as you will aunswere your defaults at your perils. Dated this xi. of Au∣gust. 1600.

Your very louing friends, A. B. G. T.

To our louing friends, maister B. L. G C. R. P. I. P. Esquiers. L. C. R. T. Gentelmen.

Subpena ad testificand'.

BVt if that no such power be giuen by such commission, then if the [unspec A] * 6.5 witnesses will not appeare gratis, they are compellable thereunto by Subpena ad testificand' in maner following.

Subpena and testificand' coram Commiss.

Elizabeth &c. Quibusdam certis de causis &c. sitis coram dilectis [unspec B] nobis R. & C. armig' E. H. & E. C. generosis, vel duobus eorum com∣missionarijs nostris virtut̄ breuis nostri de Dedimus potestat̄ eis direct̄ ad certos diem & locum quos praefat̄ commissionar̄ vobis Scire fac' (A∣liter apud N. in com̄ B. xx. & xxj. die Aprilis proxim̄ futur̄) vt ipsi vos tunc & ibidem, de, & super quibusdam Interr̄ pro parte A. B. diligent̄ possint examinare, & ad faciend' vlterius & recipiend' quod per dictos Commissionarios nostros vel duoseorum in ea parte consideratū fue∣rit, Et hoc sub pena centum librar̄ nullatenus omittatis. Et habeas ibi hoc breue, Teste meipsa apud Westmonaster̄ &c. vt supra.

Of the Style of Interrogatories.

INterrogatories to be ministred to the witnesses to be produced [unspec A] * 6.6 vpon the part and behalfe of A. B. complaynant, against C. D. de∣fendant (if they, be for the playntife:) But if for the defendant, vpon the part and behalfe of C. D. defendant against A. B. complainant.

Inprimis, Do you know the said parties, plaintife and defendant, or [unspec B] either of them &c.

Item, do you know &c. As the cause requireth.

Of the style of the Depositions thereupon taken.

¶ Depositions taken at H. in the Countie of E. the last day of [unspec A] * 6.7 April, in the xxxvj. yeare of the Raigne of our Soueraigne Lady

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Elizabeth by the grace of GOD, of England, France and Ireland Queene, defendresse of the Faith, &c.
vpon the part and befalfe of A. B. plaintife, against C. D. defendant, (Or vpon the part of C. D. defendant, at the suit of A. B. plaintife) by vertue of her Maiesties Commission forth of her highnesse Court of Chauncerie, to R. S. C. L. P. Q. and W. M. or to three, or two of them directed, for the exa∣mination of witnesses betweene the said parties.

I. L. of A. in the Countie of E. Laborer, of the age of xlvi. yeares, or [unspec B] there abouts, sworne and examined, deposeth and saieth vpon his Oath as followeth.

Item to the first Interrogatorie he deposeth and sayth, that &c. As the [unspec C] matter is &c.

And so vpon the rest of the Interrogatories.

The direction of the Commission being executed Illustrissime dominae no∣strae Elizabethae Reginae in Cancellar̄ sua, Of Publication, Hearing▪ and Breuiates, and after that then this, Certific' dexposition̄ testium ex parte A. B. & C. D.

AFter that the Witnesses be so examined in the Court, or by com∣mission, [unspec A] * 7.1 as is aforesaid, Publication is to be had, and thereupon a day of hearing is to be procured. Against which time, Breuiats must de made of the effect of the pleadings, depositions, & other proues & euiden∣ce, & the counsel perfectly instructed of the whole state of the matter, & a* 7.2 Subpena ad audiend' Iudicium, made and deliuered to the partie in con∣uenient time before the said day of hearing: At which time albeit that vpon the hearing the matter be dismissed, yet may the parties haue the depositions of their witnesses exemplified vnder the great seale of Eng∣land* 7.3 for the furtherance and maintenance of their rights and titles, at, and by the common Law. But if the matter be directed for the Compl after the decree past and enrolled, he may haue a writ de Executione iu∣dicij,* 7.4 which must be serued vpon the defendant. And if he refuse to satisfie the same, then vpon oath made thereof, processe or contempt is to issue against him in forme aforesaid. And if such decree be in a suit for lands, and the defendant abide all the said processe of contempt, and stil deteine the possession of the lands from the plaintife contrary to the said decree, then vpon mocion thereof made in the Court: a commission is vsually* 7.5 graunted to the Shirife, and some others neere adioyning to the landes in question, to put the plaintife in possession, and to keepe him in posses∣sion according to the said decree.

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A Commission to the sherife to put and keepe the plaintife in possession accor∣ding to an order there in taken vntilla cause then depending in suit be heard and determined.

REgina &c.

vic' Kanc', salutem.

Cum per ordinationem capt̄ in Can∣cell' [unspec A] * 7.6 nostra 3. die Iulij vltimo preterito int̄ W. A. queren̄ & W. Y. & alijs defendent̄ ordinat̄ fuit quod praed' W. A. & assignat̄ sui pacifice & quiete iaberent, gauderent & occuparent vnum messuagium siue te∣nement̄ cum {per}tin̄ Iacen̄ & existen̄ in E. & R. in com̄ praedict' inter partes praed' in Cancell' praed' in controuersia pendent̄ indecisa absque vexa∣tione, molestatione siue interruptione praedict' W. Y. siue aliquarum personarum sub titulo interesse Iur̄, vel procuratione suis donec materi•• inter partes praed' in curia nostra praed' finaliter determinetur. Et quia iam ex testimonio fidedignorum accepimus, quod diuerse aliegine ig∣note inhabitan̄ extra comit̄ Kanc' per procurationem praedicto•• defen∣dent̄ vt asseritur possessionem messuag' & ten̄t̄ praedict' cum pertin̄ vi & armis, ac manufortitenen tin defraudation̄ & contemptum ordinis praedict', ac ipsum W. A. & assignat̄ suos extra possessionem messuag' & ten̄ praedict' custodiunt contra formam & effectum ordinis praedict' ti∣bi igitur precipimus quod immediate post receptionem huius breuis as∣sumptis tecum sufficient̄ potestatem comitat̄ nostrae Kanc' praedict' in propria persona tua ad messuagium, siueten̄tum praedictum accedas & attachiari & arrestarifacias quascūque {per}sonas ibidem inueneris possess. messuag', ten̄t̄ siue terr̄ praedict' siue alicuius parcell' tenentes, & eos & eorum quemlibet de die in diem ducifacias vsque prisonam nostram de Fleete gardino nostro ibid' liberandū & ibidem moratur quousque de eorum deliberation̄ aliter duximus ordinandum. Ac vlterius tibi preci∣pimus firmiter iniungendo quod inde praed' W. A. & assignat̄ suos in pacifica & quieta possession̄ eiusdē de tempore in tempus manuteneas donecaliter inde a nobis habueris specialiter in mandatis. Et quid inde feceris sciri facias Cancellar̄ nostro.

Teste &c.

A Cerciorare to Commissioners to certifie the depositions taken by Com∣mission.

REgina &c.

dilectis sibi A. B. & C. D. gen̄, salutem,

Volentes certis [unspec A] * 7.7 de causis Cerciorari super quasdam depositiones testium int' H. G. querent̄ & C. D. defend' per vos tres vel duos vr̄um virtute breuis nostri de Commissione vobis in ea parte direct̄ capt' & adhuc penes vos resi∣den̄, vt est dictum, vobis mandamus quod depositiones praed' cum om∣nibus eas tāgen̄ adeo plene & integre prout coram vobis capt̄ fuer̄ no∣bis in Cancell' nostram in quindena Paschae prox' futur̄ vbicunque tūc sub sigillis vestris trium vel duorum vestrū distincte & aperte mittatis & hoc breue.

Teste &c.

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Of a Commission to examine witnesses in perpetual memory.

FIrst the plaintife must exhibite his bill, and thereby shew his title to [unspec A] * 7.8 the land, lease, or such like matter that he hath right vnto. And that the witnesses which can prooue his title are aged, and not like long to liue, whereby he may be in daunger of the losse of the thing in question. And therefore to pray to haue a Commission directed to certeine Gen∣tlemen of credite and worship for the examination of the said witnes∣ses. And also to pray proces of Subpena against him, her, or them, to shew cause, if he or they can, why the plaintife should not examine his witnesses, as aforesaid, The forme of which Processe ensueth, in haec verba.

Elizabeth dei gratia Angliae, Franciae, & Hibern̄ Regina fidei defen∣sor̄ &c.
I. S. salutem.
Cum A. B. exhibuit coram nobis in Cancellaria nostra quandam petitionem vt quidam testes in perpetuam rei memo∣riam versus te examinarent̄, & ne id tibi in preiudicium cederet: Tibi praecipimus firmiter iniun gentes, quod omnib{us} alijs praetermissis, & ex∣cusatione qua cunque cessante, in propria persona tua, vel per tuum At∣turnatū, aut deputatum, sis coram nobis in dicta Cancellaria nostra inf•• quatuordecim dies immediate post receptionem huius breuissi tibi ita visum fuerit) vt dicti testes, aut alij quicunque ex parte tua ibidem simi∣lit̄ examinar̄ possint, (si ita velis) vel vt ostendas & proponas, vel ostendi & proponifacias, tunc & ibidem bonam sufficientem & probabilē ma∣teriam pro parte tua quare ijdē testes pro parte dicti A. B. in forma praed' examinari, & postea eorum examinationes secundum ordinem & cur∣sum dictae Cur̄ nostrae publicari & diu••lgari non debeant.

Concerning the matters of these Chauncerie, Note what ensueth.

And if the partie defendant doe appeare, either by himselfe, or his [unspec A] Counsaile, and shew such sufficient cause, as the Court will allow off, why the plaintife should not examine his witnesses, as is aforesaid, then the plaintife may not proceed therein, vnlesse he can better ••atisfie the Court to the contrary. But if the defendant be contented, and wil ioine with the plaintife in examination, then after examination so had, there can be no publication thereof ••uring the liues of the witnesses: vnlesse the defendant do assent, or vnlesse the plaintife, or some other in his be∣halfe do make oath, that the matter whereupon the witnesses were exa∣mined, is to take triall at the common Law, either at the Assises, or at the Barre. And that A. B. or more of the witnesses before examined, are necessarie witnesses, and not able to trauaile to the said trial: And vpon such oath taken, his, or their depositions t•• be published of course. And to be exemplified if the partie so require.

But if the partie defendant do not appeare vpon the said writ, neither

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by himselfe, nor his Atturney, by the end of the said fourteene daies, nor shew no cause of stay thereof, whether it be in Terme or out of Terme time, then vpon oath made of the seruing of the same writ, the Lorde Chauncelor, Lord Keeper, or Maister of the Rolles for the time being, at the request of the plaintife, will appoint Commissioners for the exa∣mination of the plaintifes witnesses, according to certaine orders pre∣scribed in that behalfe.

There be also many other different formes of Subpenaes and Com∣missions, of which some doe hereafter ensue.

Subpena ad testificandum super petitionem.

AD testificandum pro parte tua in quadam materia content̄ in qua∣dam [unspec A] * 8.1 petitione ad sectam tuam versus quendā W. M. coram nobis in dicta Cancell' nostra nuper exhibit̄, vel tu ipse sis coram nobis, &c.

Aliter ad testificandum ad Assisas super articulos.

SItis coram Iusticiarijs nostris ad Assisas in com̄ H. capiend' ad prox' [unspec A] * 8.2 Assisas in com̄ praedicto, tenendum apud L. die Lune, in tertia sep∣timana quadragesimae, vt ijdem Iusticiarij vos tunc & ibidem pro par∣te R. W. de, & super veritate quorundam articulorum per pref. R. versus A. B. exhibit̄ possint examinare, Et sub pena &c.

Subpena ad ostendendum causam quare euidenc' non deliberentur.

REgina, &c. Quibusdam &c. vsque vbicunque tunc fuerit ad osten∣dendum [unspec A] * 8.3 quare euidenc' & scripta per te in Cancell' nostr̄ praedict̄, nuper deliberat̄, & ibidem adhucremanen̄ W. C. deliberari non debe∣ant. Et ad faciend', &c. vt supra.

Subpena ad testificandum ad Assisas in London.

SItis coram dilecto & fideli nostro Edmundo Anderson Milit̄ ca∣pital' [unspec A] * 8.4 Iusticiar̄ nostro de Banco, ac Iusticiar̄ ad Assisas in Ciuitate London, capiend' assign̄ apud Guildhal dam Ciuitat is London, praedict' die Veneris, videlicet & nono die instantis mensis Februar̄ proxim̄ fu∣tur̄, vt ijdem Iusticiar̄ vos tunc & ibidem pro parte H. T. possint exa∣minare. Et hoc &c.

Subpena ad testificand' coram Vicecomit' London.

ELizabeth Dei gratia Angliae, Franciae, &c.

W. I. salutem.

Quibusdā [unspec A] * 8.5 certis de causis coram nobis in Cancellaria nostra propositis: Tibi precipimus, firmiter iniungentes, quod omnibus alijs pretermissis & ex∣cusatione quacunque cessante, in propria persona tua sis coram Viceco∣mit̄ Ciuitatis nostae London, apud Guildhaldam eiusdem Ciuitatis die

description Page 191

Iouis proxim̄ futur̄, ad testificandum veritatem in materia coram eis pendent̄, & ad faciendum vlterius, & recipiendum quod de te contigerit ordinari tunc ibidem. Et hoc sub pena centum librar̄ nullatenus omit∣tas. Et habeas ibi hoc breue.

Teste me ipsa apud Westmon̄ vltimo die Martij, Anno regni nostri 36.

Subpena pro Euidentijs adferendis.

REx

R. D. salutem,

Quibusdam certis de causis coram nobis in Can∣cellaria [unspec A] * 8.6 nostra propositis: Tibi precipimus, firmiter iniungentes, quod omnibus alijs praetermissis & execusatione quacunque cessante, n propria persona tua sis coram no bis in dicta Cancellar̄ nostr̄ in quin∣dena sancti Hillarij prox' futur̄, vbicunque tunc fuerit, adferens tecum omnia & omnimoda cartas, scripta, euidentias, & munimenta in custo∣dia tua, aut alicuius alterius {per}sonae, aut per tuam deliberation̄ ad tuū v∣sum existen̄, vnum messuagium vocat̄ Le G. & vnum horreum cum om∣nibus terris eidem messuagio pertinen̄ concernen̄, in quadam petitione per W. T. coram nobis in Cancellaria nostra praedicta versus te exhibit̄, content̄ specificat̄, & ad faciendum vlterius, & recipiendum quod Cu∣ria nostra considerauerit in hac parte. Et hoc nullatenus omittas. Et ha∣beas ibi hoc breue.

Teste &c.

Aliter pro Obligatione deliberand'.

ADferens tecum quandam Obligationem per quam W. C. Miles [unspec A] * 8.7 tenetur & obligatur T. B. Milit̄ nuper marit̄ tuo iam defuncto in ducentis marcis in custodia tua existen̄, vt dicitur, & ad faciendum vlte∣rius &c. vt supra.

And when a suit hath depended vnprosecuted two yeres, the award a Subpe∣na de Arturnat̄ faciend', in this forme.

REx B. R. salut̄ &c. (vsque tunc fuerit, & tunc sic) ad faciendum At∣tornat̄ [unspec A] * 8.8 in materia quae est coram nobis in dicta Cancellaria nostra interte defend', & M. S. quer̄ per billam, & ad faciend' &c. vt supra.

Commissio adrecipiendum responsum, & ad examinandum testes quoscun∣que, & ad audiendum & terminandum.

REx

dilect' sibi A. T. armigero, & R. S. armig' salutem.

Cum A. W. [unspec A] * 8.9 quandam petitionem coram nobis in Cancellaria nostra versus R. C. nuper exhibuit, quodque eidem R. per breue nostr̄ praeceperimus, quod esset coram nobis in dicta Cancellar̄ nostr̄ ad certum diemiam praeteritum sub certa pena in dict' breui nostro contenta petition praed' responsur̄: Sciatis quod assignauimus vos, ac tenore presentium damus vobis vel vni vestrum potestatem & aucthoritatem responsion̄ prefati

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R. ad petitionem praedict' recipiend', & in scriptis redigend', & quos∣cunque testes, de, & super materia in petitione & responsion̄ praedict̄ content̄, examinand', ac eandem materiam iuxta sanas discretiones ve∣stras vel vnius vestrum audiend', & finaliter determinand'. Et ideo vobis mādamus, quod viso tenore petitionis praed', quam vobis mittimus pre∣sentibus interclusam, prefat̄ R. coram vobis, vel vno vestrum venire fa∣ciatis, ac respons. suam petition̄ praedict' informa praedict̄, fiendam su∣per sacramentum suum recipiatis, & in scriptis redigatis, nec••ontestes praedict̄, coram vobis vel vno vestruni ad certos dies & loca, quos ad hoc prouideritis coram vobis venire faciatis, & euocetis, ac ipsos, & eo∣rum quemlibet, de & super veritate petitionis, & responsion̄ praed', ac de & super articulis omnibus & singulis premissa qualitercun{que} concernen̄ super eorum sacram̄ corporaliter prestand', diligenter examinet̄, exami∣nationes{que} suas recip̄, & in script̄ redig'. Et cum eas sic ceperitis candem materiam partibus ad id vocat̄, visisque eorum scriptis & auditis hinc in∣de earum rationibus, & allegationibus, omnibus vijs, modis & med••js quibus melius sciueritis, aut poteritis, vel vnus vestrum sciuer̄, aut poter̄, iuxta sanas discretiones vestras vel vnius vestr̄ finaliter determinetis, vel vnus vestrum determinet: Sin autem nos de omni eo quod inde feceri∣tis vel vnus vestrum fecerit, in Cancellar̄ nostra sub sigillis vestris, vel vnius vestrum in Quindena Sancti Mich. prox' futur̄, vbicunque tunc fuerit, distincte & aperte reddat certiores, hoc breue, vna cum peti∣tione responsione & testium examinationibus pred' nobis remittentes.

Teste &c.

Commissio ad audiendum & terminandum materiam in petitione, & respon∣sione, & ad examinand' testes q••oscunque.

REx

dilect' sibi A. & B. salutem.

Quia de & super veritate quaerimo∣niae* 8.10 [unspec A] in quadam petitione coram nobis in Cancellaria nostra per T. C. versus I. R. & alios nuper exhibita content̄, ac de & super veritate in quadam responsione per partes predictas in hac parte facta, & in eadem Cancellaria similiter exhibit̄, necnō de & super omnibus articulis & cir∣c*mstantijs queremoniam & responsionem illas concernent̄, vt tutius & confultius pro iusticia in eisdem exhibend' procedere valeamus vo∣bis de quorum fidelitatibus, & prouidis circ*mspectionibus plene con∣fidimus: Dedimus vobis, vel duobus vestrum potestatem & aucthorita∣tem audiendi & examinandi materiam in petitione, ac responsione, ac in omnibus articulis & circ*mstantijs praedictis querimoniā, & respon∣sionem illas concernen̄ hijs presentibus annex' contentam, & specificat̄, et eandem materiam iuxta sanas discretiones vestras finaliter si poteritis determinand'. Et ideo vobis, vel duobus vestrum mandamus, quod ad certos dies & loca, quos ad hoc prouideritis, testes quoscūque inter par∣tes

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praed', quos maxime protestificatione veritatis premissorum fore vi∣deritis euocandos, coram vobis vel duobus vestrum euocetis, Ac ipsos testes et eorum quemlibet de & super querimonia, responsione articulis et circ*mstantijs praed' su{per} sacramēta sua diligenter iuretis, & examine∣tis. Et super hoc auditis hincinde earum rationibus, et allegationibus, ac alijs vijs ac modis, quibus melius sciueritis aut poteritis eandem mate∣riam vt praed' est finaliter si poteritis determinetis. Sin autē nos in Can∣cellaria nostra de omni eo quod inde feceritis in quindena sancti Hillarij prox' futur̄, vbicunque tuncfuerit, sub sigillis vestris, vel duorum vestrū distincte & aperte eddatis certiores, remittentes nobistūc tenores prae∣dictos, vna cum hoc breue.

Teste &c.

Commssio ad examinadum Testes adlocum & diem certum, de valore bonorum & catallorum.

REgina

dilect' & fideli suo R. B. Militi, ac dilectis sibi I. D. & P. W. ar∣migeris* 8.11 [unspec A] salutem.

Sciatis quod nos de fidelitatibis & prouidis cir∣c*mspectionibus vestris plurimum confidentes, assignauimus vos, ac te∣nore praesentiū, damus vobis, vel duobus vestrum plenam potestatem & aucthoritatem inquirendi, tam per depositiones quorumcunque tes∣tium, coram vobis producend', & examinand', quam alio quocunque modo ad libitum vestrum, quae bona et catalla fuerunt. I. M. generosi, siue alterius cuiuscun que remanent̄ infra domum mansionalem, siue fit∣mam de C. in E. in comitatu Oxon̄ quo tempore Ro. Bi. possessionem eiusdem domus siue firmae natus sit, et cuius valoris siue precij eadē bo∣na et catalla sic infra eandem domū, et firmam praed' existentia ad tunc fuerunt, et extiterunt. Damus etiam vobis, vel duobus vestrum potestatē & auchoritatem testes quosdam quorum seperalia nomina in quibus∣dam Interrogatorijs praesentibus interclus. ac eisdem testibus seperaliter proponend', inserta apparebunt de et super eisdem Interrogat̄ diligen∣ter examinand'. Et ideo vobis mandamus, quod ad certos dies et loca, quos adhoc prouideritis, testes praedictos ac alios quoscūque quos ma∣xime pro testificatione veritatis fore videritis necessarios et opportu∣nos coram vobisvel duobus vestrum venire faciatis, et euocetis, ac ipsos testes, et eorū quemlibet tunc et ibidem, tam de et super pleno et iusto valore omnium et singulorum bonorum, et catallorum praedictorum quam et super Interrogatorijs praedictis, super sacramenta sua per sancta Dei Euangel••a coram vobis, vel duobus vestrum corporaliter praestandū diligenter examinetis: Examinationesque suas recipiatis, et in scriptis in pergameno redigatis. Et cum ••as sic ceperitis nos inde, ac de omni eo quicquid pro meliore cognitione praemissorum feceritis, vel duo vestrum fecerint in Cancellaria nostra in Octabis Sancti Mich, proxm̄ futur̄, vbi∣cunque tunc fuerit, sub sigillis vestris, vel duorum vestrum cla••s.

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distincte, & aperte, reddatis certiores, remittentes nobis Interrogatoria praedict', vna cum hoc breue.

Teste &c.

Commissio ad superuidendum & distinguendum Vastum.

REx

dilect'ac fideli suo Willihelmo P. Militi, ac dilect' sibi W. T. ar∣migero* 8.12 [unspec A] salutem.

Sciatis quod nos de fidelitatibus, & prouidis cir∣c*mspectionibus vestr̄ plenius confidentes assignauimus vos, ac tenore presentium damus vobis plenam potestatem & aucthoritatem audien∣di & examinand' quandam materiam in quibusdam articulis his praefa∣tibus annex' contentam, & specificat̄, & eandem materiam iuxta sanas discretion̄ vestr̄ finaliter si poteritis determinand'. Et ideo vobis manda∣mus, quod ad certos dies & loca, quos ad hoc prouideritis ad quoddam vastum vocat̄ Blackdowne super M. in com̄ S. in articulis praedict' spe∣cificat̄, personaliter accedatis, vastum que illud superuideatis, ac tam per depositiones testium quam alijs vijs, modis, & medijs quibus melius sci∣ueritis aut poteritis diligenter inquirat̄ quantum inde ad manerium de H. & quantum inde ad manerium de W. in Comit̄ praedict', pertinere debeat, & superinde, limites, bundas, metas & diuisas, inter vnum & al∣terum, & quantum ad vnum, & quantum ad alium maneriorum praedi∣ctorum pertinere vobis constare poterit, poni faciat̄ & limites examina∣tionesque testium predictorum recipiatis, & in scriptis redigatis, omnes∣que alias depositiones testium ante hac examinat̄ minumenta, scripta, recorda, transcripta, territoria, chartas, ac alias euidentias quascunque per partes in articulis praedict' specificat̄, coram vobis exhibend' accep∣tetis & inspiciatis. Et super hoc, materiam in articulis praedictis specificat̄ iuxta sanas discretiones vestras finaliter si poteritis determinet̄: Sin au∣tem nos in Cancellar̄ nostra de omni eo quod inde feceritis in quinde∣na Sancti Michaelis prox' futur̄ vbicunque tuncfuerit sub sigillis vestris distincte & aperte reddatis certiores, remittentes nobis articulos praedi∣ctos vna cum praesentibus.

Teste &c.

A Commission directed to the Lord deputie of Ireland and the Lord Chaun∣celour, with others, for the hearing and determining of a Title of Lande.

ELizabeth by the grace of God &c.
To our trustie and right well be∣loued* 9.1 [unspec A] Sir H. S. Knight, of the order &c. Lord Deputie of our Re∣alme of Ireland, H. C. Archbishop of D. our L. Chauncelour there, Sir I. P. knight, chiefe Iustice of the Pleas there, I. B. Esq: chiefe Barou of our Eschequer there, F. A. Esquire, one of our priuie Counsell there, I. D. Esquire, second Iustice of our chiefe Bench there, R. F. Esquire our Serieant at the Law there, and L. D. Esquire our Solicitor there.
Know ye, that for certeine considerations vs thereunto mouing, and of

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our meere motion, and for the great confidence and trust we haue in your fidelities, circ*mspections, prouidences and wisedomes, we haue deputed, ordeined, aucthorized, appointed, constituted, giuen & graun∣ted, and by these presents do depute, ordeine, aucthorize, constitute, ap∣point, giue, and graunt vnto you, or any viii. vii. vi. v. iiii. or iii. of you, (of which we will that &c. be alwaies one) full power, iurisdiction, and aucthoritie, to hold plea, heare, determine, discusse, decree, and finally to iudge of all and singuler actions, debates, strifes, quarrels, rights, titles, and demaunds whatsoeuer they be, aswell reall as personall, which by plaint, supplication, or bill to be exhibited, or otherwise by any maner of meanes else, shall, or may appeare, or come before you, or any viii. vii. vi. v. iiii. or iii. of you, (of which we will that &c. be alwaies one) of, for, and concerning the interest, right, title, demaund, and pos∣session of two parts or moities, of all those landes &c. with the appurte∣nances in the Countie of D. within the said Realme of Ireland to be by O. D. late of &c. I. D. widow, F. D. M. D. D. D. gentl', and sonnes to R. D. late deceased, and R. D. Nephew to the said F. M. and D. or by any of them seuerally, or iointly, or any two, iii. iiii. v. or vi. of them against C. S. alias H. Lord of H. within our said Realme of Ireland, and all and euery other person or persons, which shall claime from, by, or in the right of the said Lord, or in his, or their owne right or rights, or by any meanes else whatsoeuer it be, which he or they claime to haue to the said moities of the two parts of the said lands &c. with the appurtenances aforesaid: geuing and graunting, and by these our Let∣ters patents, we do giue and graunt vnto you, or to any viii. vii. vi. v. iiii. or iii. of you, (of which number we will that &c. be alwaies one) full power, iurisdiction, and aucthoritie, to call before you, or any viii. vii. vi. v. iiii. or iii. of you, (of which we will that &c. be alwaies one) at such times and places according to your good discretions, which vnto you, or any viii. vii. vi. v. iiii. or iii. of you, (of which we will &c. be al∣waies one) and to cause the said Lord H. or any which claimeth in his or their owne right or rights, or by any waies or meanes els whatso∣euer, any interest, right, title, or possession in the two parts or moities of the said lands &c. with their appurtenances aforesayd, or any parcell thereof, to answere, reioine, and ioine issue, or otherwise pleade, as the cause & matter shall require, and vpon any plaint, supplication, action, or suit whatsoeuer, which shall be exhibited or come before you, by the aforesaid D. D. P. P. I. D. F. D. M. D. and R. or by any of thē iointly or seuerally, or any ii. iii. iiii. v. or vi. of them, of, and concerning the said two parts or moities of the sayd lands &c. with their appurtenances aforesaid: Giuing and graunting, and by these presents, we do giue and grant vnto you, or any viii. vii. vi. v. iiii. or iii. of you, (of which we

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will that &c. be alwaies one) full power, iurisdiction, and aucthoritie, according to your wisedomes, discretions, and prouidences, to call be∣fore you, all maner of witnesses, and to examine all charters, euidences, muniments, writings, & euery other thing els, which may be a meane to proue, fortifie, disclose, or make euident the interest, right, titles, de∣mand, or possession of any of the aforenamed parties, to the said two parts or moities of the said lands &c. with their appurtenances afore∣said, and vpon the same throughly, and with mature deliberation and iudgement considered and waighed, we do giue and grant vnto you, or any viii. vii. vi. v. iiii. or iii. of you, (of which number we will that &c. be [unspec B] alwaies one) full power, iurisdiction, and aucthoritie to proceede to the full order, decree, definition, sentence and finall iudgement, according to your discretions, of the interest, right, title, demand, and possession of the said two parts or moities of the said lands &c. with their appurte∣nances aforesaid, and to decree the possession of the premisses to him or them, to whom of right it ought to appertain, and his or their said pos∣sessions to maintaine: And if any of the parties afore named, or any o∣ther person or persons which shall haue to do in the same matter or cause, do wilfully, or obstinately withstand or disobey any processe, or∣der, decree, sentence, or iudgement which shall he directed or giuen in the premisses by you, or any viii. vii. vi. v. iiii. or iii. of you, (of which number we will that &c. vt supra, be alwaies one:) Then we will and [unspec C] 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 complai∣nants 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 mea∣ning herein to proceed, and to go to the full hearing, ordering, decree∣ing, iudging, and determining of the right, title, and demaund of the

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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 pre∣misses, as by this our Commission we haue prouided for them. Their disabilitie and want of riches, wealth, friendship, and alyance conside∣red, 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 conside∣red, we haue graunted this our Commission according to the tenor a∣foresaid. And further we will and commaund you, and by vertue here∣of [unspec D] 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, inte∣rest, title, and demaund decreed, adiudged, and determined, as is afore∣said: that you haue consideration vnto the hinderance, losses, and dama∣ges 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 ap∣perteine, 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 thexecu∣ting, 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 al∣waies 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 neede∣full now to expresse what Bills of complaint, Answeres, Repli∣cations, 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* 9.2 plaintifes griefe, and the wrong which he supposeth to be done

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vnto him by the defendant, and what damages he 〈◊〉〈◊〉 by 〈◊〉〈◊〉∣sion thereof, praying processe against him for ••edresse of the same, as may appeare by many examples hereafter following, whereupon Hostiensis hath these verses.

Quis quid coram quo▪ quo iure petatur & a quo,Recte compositus quisque libellus habet.

And first the matter of euery bill ought to be true. Secondarily, [unspec B] the same matter ought to be layd downe therein plainely and certeinly in euery circ*mstance 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 exa∣minable in this Court, which being otherwise may be dismissed thence.

THe direction of all Bills in the Chancerie must be at the toppe [unspec A] * 9.3 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 ex∣cellent Maiestie your most humble and obedient subiect H. C. &c.

And when there is a Lord Keeper, as at this time, thus: [unspec B]

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: [unspec C]

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, [unspec D] but they are not much necessarie.

What an Aunswere is.

AN aunswere is that which the defendant pleadeth or sayth in [unspec A] * 9.4 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: [unspec B]

The ioint and seuerall aunsweres of A. B. and C. D. defen∣dants, to the bill of complaint of E. F. complainant.

An aunswere is called in Latin Exceptio, quae dicta est quasi quae∣dam [unspec C] exclusio quae interponi actioni cuiuscunque rei solet, ad exclu∣dendum id quod in intentionem condemnationem iure deductum est. Vlpianus.

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What a Replication is.

A Replication is the plaintifes speech or answere to the defendants [unspec A] * 9.5 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 he giue him day to replie: By which day if he do not replie, the defendant may procure a dismission and get costes.

Et dicta videtur Replicatio quod vel implicatam & quasi tectam [unspec B] exceptionis iniquitatem replicet & patefaciat: vel potius quod equita∣tem actionisab excipiente rei tectam & quasi complicatam explicet at∣que aperiat. Hottamanus.

And a title of a Replication is thus: [unspec C] The Replication of W. P. Complainant, to the answere of R. C. defendant.

What a Reioinder is.

A Reioinder is thanswere which the defendant maketh to the plain∣tifes [unspec A] * 9.6 replication, which must pursue and confirme his aunswere, and not swarue from the same, and sufficiently confesse and auoide, de∣nie or trauerse, each materiall part of the plaintifes replication, Est autem reiunctio seu duplicatio vel allegatio quae datur reo ad infirman∣dum replicationem actoris & confirmandum exceptionem rei. Spieg.

If the parties be not at issue, by reason of some new matter disclo∣sed [unspec B] in the defendants reioinder, that requireth aunswere: Then may the plaintife Surreioine to the said reioinder, and the defendant in like maner to the Surreioinder, if there be cause, which happeneth verie seldome.

And the title of a Reioinder is thus: [unspec C] The reioinder of C. A. defendant, to the Replication of E. W complainant.

What a Surreioinder is.

A Surreioinder is a second defence of the plaintifes action, opposite [unspec A] * 9.7 to the defendants reioinder. And therefore Hottamanus calleth it, Triplicatio, quae est secunda actionis defensio contra rei duplicatio∣nem opposita.

And thus is the title of a Surreioinder: [unspec B] The Surreioinder of E. W. complainant to the Reioinder of C. A. defendant.

A Bill of complaint for entring into and making secret estates of Copyhold lands, wasting part therof, & mingling part therof with the lands of o∣thers to disinherite the Plaintife by hauing the Copies therof.

HVmbly complayning sheweth vnto your Honorable L. H. E. of [unspec A] * 9.8 B. in the Countie of Yorke Esqu. That whereas H. E. late of

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S. Esquier deceased, father to your Orator, was in his life time by good and lawfull conueyance and assurance in the law, lawfully seised to him and to his heires in fee simple, according to the Custome of the manor of W. in the said Countie of Y. of one Copyhold or Customarie mesuage or tenement, and of certaine Customarie lands, meadowes, and pasture, to the quantitie of one hundred acres or thereabouts. And the said H. E. your Orators father so being thereof seised as aforesaid, and being visited with sicknes during the minoritie of your said Ora∣tor, by good and lawfull conueyance and assurance in the law, and ac∣cording to the custome of the said manor of W. did conuey, assure, and surrender the said Copyhold or customarie mesuage or tenements, and other the premisses with the appurtenances into the hands of A. B. the Lord of the said manor, for the better maintenance, and to the vse of your said Orator: To haue and to hold to your said Orator, and to his heires and assignes, at the will of the Lord, according to the custome of the said manor: By force whereof your honors sayd Orator in the Court of the said manor paied his fine, and was of the said Copyhold & Customary tenements with the appurtenances, by the then Steward of the said manor of W. admitted tenant. But so it is, if it may please your honor, that all the Euidences and Copies, of, and concerning the said mesuage, lands, tenements, and premisses, being left in the hands, custodie, and possession of your Orators said father whilest he liued, in right belonging vnto your Lordships said Orator, are now by casuall and sinister meanes comen to the hands and possession of one H. H. of O. in the said Countie of Y. who by colour of the hauing thereof, hath wrongfully entred into the said mesuage, lands, and premisses afore∣said, and hath made and conueyed vnto himselfe, and to others to his vse, diuers and sundry secret estates thereof, and doth pretend wholie to disinherite your Lordships said Orator of the same, notwithstanding your said Orator hath by diuers and sundry meanes in friendly maner, oftentimes sought to haue the said Euidences and Copyes, and reque∣sted the same at the hands of the said H. H. and also that he would yeld vnto your said Orator the quiet possession of the said mesuage, lands, and premisses, to whom he doth well know the same in right to belong and appertaine, yet that to do, he hath not onely denyed and refused, and still doth denie and refuse to do the same: But of his further malice against your said Orator, he doth threaten your Orator in such sort, that your Orator for want of the said Euidences and Copyes, dareth not make his iust and lawfull entrie, in, and to the same: And also the said H. hath committed, and doth continue daily great and outragious wastes and spoyles, in decaying of the houses, felling downe of the wood and tymber trees of the premisses, to your Orators great losse

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and disinherison, and contrarie to all right, equitie, and good consci∣ence. In tender consideration whereof, and forasmuch as by the strict course of the common Lawes of this Realme, your Lordships said Orator hath not any ordinarie remedie for the obteyning and recoue∣ring of the said Euidences and Copyes, for want of the certeine know∣ledge of the contents and dates thereof, and what in them be contey∣ned, neyther can your Orator learne against whom to commence any suit for the said mesuage, lands, and premisses, for that the said H. H. and others to your Orator altogether vnknowen, haue confederated them selues together against your said Orator, and haue contriued and made amongst them selues, diuers secreat estates & conueyances, and haue so intermingled the same, to, and with other lands, tenements, and hereditaments, to, and with certeine of their owne freehold and in∣heritance, that your Orator knoweth not which the same be, nor how much thereof the said H. H. & other his confederates do seuerally hold, whereby to commence any action or suit, or make any lawfull entrie, into, or for the same, without your Orators great daunger: And yet your Orator hopeth, that vpon the corporall Oath of the said H. H. he will manifest such matter, whereby your Orator may the more better, easily, and readily proceede and attaine to the recouering of his iust & lawfull right and inheritance of the premisses: For the furtherance whereof, it may please your good Lordship, to graunt vnto your said Orator, her Maiesties most gratious writ of Subpena, to be directed to the said H. H. commaunding him there by, at a certaine day, and vn∣der a certaine paine therein to be limitted, personally to be and appeare in her Maiesties high Court of Chauncerie, then and there, to aunswere to the premisses &c.

The Answere of H. H. defendant, to the Bill of complaint of H. E. complainant.

THe said defendant saith, that the said bill of complaint against him [unspec A] * 9.9 exhibited into this honorable Court, is very incertaine, vntrue, and insufficient in the Law to be answered vnto, by the said defendant, for diuers and sundry apparant faults & imperfections therein contai∣ned: And deuised and exhibited into this honourable Court, partly of malice and euill will, without any iust cause conceiued against the said defendant, to the intent thereby vniustly to vexe & molest him with te∣dious trauell, being an aged man, and to put him vnto great expences, being very poore: But chiefely to thintent and purpose to wearie, im∣pouerish, and terrifie him this defendant: Neuerthelesse, if by the order of this honorable Court, this defendant shalbe compelled to make any further or other aunswere vnto the said vntrue, incertaine, & insuffici∣ent bil of complaint, then and not otherwise the aduantage of exception

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thereof to this defendant, at all and euerie time and times hereafter sa∣ued, for further answere thereunto, and for a full and plaine declarati∣on of the trueth, touching so much of the materiall contents of the said bill, as in any sort concerneth this defendant, He for himselfe saith, that whereas the said complainant in his said bill alleageth, that one H. E. his father deceased, was in his life time by good and lawfull conueyance and assurance in the Law, lawfully seised to him and his heires in fee simple, according to the custome of the said manor of W. in the saide bill mentioned, of one copyhold or customarie mesuage or tenement, and of certaine customarie lands, meadowes, and pasture, to the quan∣titie of an hundred acres, or thereabouts: and that he being thereof so seised, and visited with sicknes, during the minoritie of the said Com∣plainant, by good and lawfull conueiance and assurancein the Lawe, and according to the Custome of the said manor of W. did conuey, as∣sure, and surrender the same Copyhold or Customarie mesuage or te∣nement, and other the premisses with the appurtenances thereunto be∣longing for his better maintenance, to the vse of the said cōplainant, To haue and to hold to the said complainant, and to his heires and assignes, at the will of the said Lord, according to the custome of the said manor: And that by force thereof the said complainant in the Court of the saide manor, paid his fine and was of the said copyhold or customarie tene∣ments with thappurtenances, by the then steward of the said manor of W. admitted tenant. He this defendant saith, that to his knowledge, the said H. E. late father of the said complainant was neuer either law∣fully seised to him and to his heires, according to the custome of the said manor of W. of the said tenements and premisses in the said bill mentioned, by any good and lawfull conueyance and assurance in the law, according to the custome of the said manor: Nor did euer conuey, assure, and surrender the said customarie tenements, and other the pre∣misses, to the vse of the said complainant his heires and assignes: Nei∣ther did the said complainant euer pay his fine for the same in the saide court, neither was he euer lawfully admitted tenant thereof, as he the said complainant in his said bill vntruely pretendeth. And whereas the said complainant in his said bill also pretendeth, that the euidences and copies, of, and concerning the said mesuage, lands, tenements, and pre∣misses, being left in the hands, custody, & possession of the said complai∣nants father whilest he liued, in right belonging vnto this complainant are now by casuall meanes comen to the hands and possession of this de∣fendant, and that he by colour of the hauing thereof, hath wrongfully entred into the said mesuage, lands, and premisses aforesaid, and hath made & conueyed to himselfe and to others to his vse, diuers and sundry secret estates therein, and doth pretend thereof wholly to disinherite the

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said complainant, This defendant saith, that none euidences or copies, of, or concerning the said mesuage, tenements, and premisses, are by ca∣suall meanes, or otherwise come to the hands or possession of this defen∣dant, and that by colour of hauing thereof, he this defendant, neither wrongfully entred into the said mesuage, tenements, and premisses, nor any part thereof, neither hath he this defendant conueyed▪ to himselfe, or to any other person to his vse, diuers and sundrie, or anie se∣crete estates thereof, neither doth he pretend thereof wholly to distinherite the said complaint, as in the said bill it is vntruely allea∣ged: without that, that the said complainant by diuers and sundrie meanes in friendly manner hath oftentimes sought to haue the saideui∣dences and copies, and requested the same at the handes of this defen∣dant, And also that he would yeeld vnto your said Orator the quiet pos∣session of the said mesuage, tenements, and premisses, or that he this de∣fendant doth well know the same, in right to belong vnto him the said complainant, as in the said bill it is vntruely alleaged: And without that y^• he this defendant of malice against the said complainant doth threaten him the said coōplainant, in such sort, that he for want of the said euiden∣ces, dareth not make his iust & lawfull entrie or claime, to, & in the same premisses, or that he the said defendant hath or could commit, or doth, or can continue daily committing great & outragious wastes and spoiles, in decaying of the houses, and felling downe of the woods and timber trees of the premisses, to the great losse and disherison of the said com∣plainant, and contrarie to all right, equitie, and good conscience, as in, and by his said bill of complaint he hath most vainely and vntruely al∣leaged. For touching the said supposed threats, this defendant saith, that he is a verie feeble poore olde quiet man, verie desirous of the fa∣uour and good will of all men, and therfore neither willing, nor able by his threats to terrifie or feare the said complainant, being a gentleman of worship, power, and liuing, hauing many kinsfolkes, alies, friendes, and seruants, so that he this defendāt hath rather iust cause to be affraid of the said complainant then the said complainant to feare him. And further touching the said wastes and spoyles, this defendant saith, that the said customarie or Copihold in W. aforesaid, are holden of the ma∣nor of W. aforesaid. And without that, that the said complainant hath, or euer had anie lawfull title to commence anie action or suite, or to make anie entrie, against or vpon this defendant, for anie landes, tene∣ments, or hereditaments, in the said bill of complaint mentioned, as it is therein vntruely alleaged: And without that, that this defendant can vpon his corporall Oath manifest such matter, whereby the saide complainant may the more better, easily and readily proceed and attain to the recouering of anie iust or lawfull right or inheritance, or in anie

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other maner then in this answere is set downe, as the said complainant vnwisely gesseth, and most bainely hopeth, as he in his said bill allea∣geth: And without that, that any other matter, thing or things, clause, sentence, article, or allegation in the said bill of complaint conteined, materiall or effectuall in the law to be answered vnto by this defen∣dant, and not herein confessed and auoided, denied or trauersed, is true. All which matters this defendant is ready to auerre and proue, as this honorable Court shall award: And therefore prayeth to be dismissed out of the same, with his reasonable costes and charges in this behalfe wrongfully and without cause sustained.

The Replication of H. E. Esquier complainant, to the Answere of H. H. defendant.

THe said Complaynant for Replication saith, that he will auerre, [unspec A] * 9.10 maintaine, and iustifie his said bill of cōplaint, into this honorable Court exhibited, and euery matter and thing therein conteined, to be certeine, true, and sufficient in the Law to be answered vnto by the said defendant, And not deuised and exhibited into this honorable Court of any malice or euill will, but vpon iust cause conceiued against the said defendant, as the said defendant in his answere vntruely hath alleaged. And for further replication saith, that the said H. E. late father of this Repliant, was lawfully seised to him & to his heires, according to the custome of the said manor of W. of the said tenements and other things in the said bill mencioned, by good & lawfull conueyance and assurance in the law, according to the custome of the said manor: And did conuay, assure, and surrender the said customarie tenements & premisses to the vse of the said Repliant and of his heires, and the said complainant did pay his fine therefore, and was lawfully admitted tenant thereof, as he the said complainant in his said bill very truely pretendeth. And also he saith, that the euidences and copies, of, and concerning the said tene∣ments and premisses, are comen to the hands of the said defendant, and that by colour thereof the said defendant hath wrongfully entred into the said mesuage, tenements & premisses, & hath conuayed to himselfe and to others to his vse, diuers & sundry secret estates therein, as in his said bill of complaint is also most truely declared: And that the said complainaut hath oftentimes sought & requested to haue the said wri∣tings, copies, & euidences at the hands of the said defendant: And also that he would yeld vnto him the quiet possession of the said mesuage & premisses, And also that the said defendant hath and still doth commit, and continue daily committing great and outragious wastes & spoiles, in decaying of the houses, and felling downe of the woods and timber trees of the premisses, to the losse and disherison of him this complay∣nant,

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as in the said bill of complaint is truely alleaged: And without that, that any other matter or thing contained in the said answere ma∣terial or effectual to be replied vnto, and not herein sufficiently confes∣sed or auoided, trauersed or denied, is true. All which this complainant is ready to auerre and proue, as this honorable Court shall award. And praieth as he before in his said bill of complaint hath praied.

A Bill to stay suite at the common law vpon an obligation, because the money is satisfied in diuers payments and reckonings.

IN most humble wise complayning, sheweth to your good Lordship [unspec A] * 9.11 Fr. M. That whereas one H. B. of D. in the Countie of D. Esquier, now deceased, hauing many daughters to aduaunce, which were then but of tender yeares, did about one and twentie yeares now last past, make his last will and testament in writing, and by the same did giue and deuise amongst diuers and sundrie other legacies amounting to a verie great value, the summe of one hundred pounds to A. one of his daughters, and of his said last will & testament did nominate, cōstitute, and appoint your said Orator, and one G. R. Esquier, being his neere kinseman, & assured good friend his executors: but also did commit the gouernment & education of his said children vnto them, and after died. By and after whose decease, and before the probate of the said last will, & testament, the said R. died: by reason whereof your said Orator alone proued the said will, and tooke vpon him the execution of the same, and afterward, one I. W. being a mā very basely borne, & of very little cre∣dit, did without the priuity, consent, or good liking of your said Orator, or of any other to whom the said H. B. had committed the gouernment and education of his said children, cōtract himselfe with the said Anne, and with her did marie: After which mariage, albeit your said Orator greatly misliked therewith, and that the said H. B. had bequeathed vn∣to the said Anne, but the summe of one hundred pounds, yet your said Orator in respect of the neere aliance betweene him & the said children, and to the end they should liue in the better credite & accompt, was a∣mongst y^• rest contented to bestow on the said Anne one hundred pounds more then hir said father bequeathed vnto hir: & thereupon at the spe∣ciall request & earnest suit of the said I. W. & the said Anne then being his wife, and for their better credit, aduancement & preferment, did not only presently pay and deliuer to the said I. W. in ready money, the summe of 50. pounds, parcell of the said summe of one hundred pounds so bequeathed to the said A. his wife, as is aforesaid, but also became bound vnto the said I. W. in the summe of an hundred poundes for the paiment of fiftie pounds more at certaine times in the condition of the said Obligation mencioned, which amounted to the full summe of one hundred pounds, so bequeathed as is aforesaid to the said Anne,

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And then also became bound vnto the said I. W. in one other bond, in the summe of 200. pounds, for the payment of one hundred pounds, at cer∣taine times in the condition of the said obligation limited, which your said Orator of his owne liberalitie, and for the aduancement of the a∣foresaid Anne, gaue vnto her sithence: which bondes so made, the said I. W. hauing had manie occasiōs to vse money, hath often made means to your said Orator to relieue his necessitie therein, before such time as the same summes or anie of them grew due vnto him, to be paide by the said seuerall Obligations, by reason whereof your said Orator about the sixt daie of Iuly, in the two and thirtieth yeere of the Queenes Ma∣iesties raigne that now is, paid and deliuered vnto the said I. W. the summe of fiftie pounds more in part of paiment and satisfaction of the said summe of one hundred and fiftie pounds growing by the said two seuerall obligations, wherin your said Orator standeth so bound, as is aforesaid: and your said Orotor likewise paid and deliuered vnto the said I. W. at such times as the said I. W. hath demaunded the same di∣uers seuerall summes of money, amounting in the whole to the summe of 21. l' 8. s̄. which the said I. W. hath accepted in part of paiment of the said summe of 150. pounds, and which the said I. W. knoweth to be true, and also your said Orator hath paid by the handes of F. B. to the said I. W. and in discharge of some debts due by the said I. W. and by his appointment at seuerall times the summe of lxx. l' vi. s̄. viii. d. which the said I. W. hath also accepted in part of payment of the said [unspec B] summe of one hundred and fiftie pounds, which said seuerall summes the said I. W. hath from time to time accepted, as in part of paiment, & discharge of the said summe of 150. l'. And your said Orator also stan∣deth bound for the onely debt and duetie of the said I. W. for the pay∣ment of 20. l' more vnto I. P. Esquire, which your said Orator alwaies hath beene, and yet is readie to pay for the said I. W. when he shall be thereunto required, so that your said Orator, hath in the whole paid and satisfied vnto the said I. W. and in discharge of the debtes of the saide I. W. the full summe of one hundreth, fourescore and eight poundes and more, which is more then your said Orator needed to haue paide vnto him as anie money due vnto the said Anne, wife of the said I. W. for the saide I. W. doth very well knowe, that the said H. B. did not deuise or bequeath any more vnto the said Anne, then the summe of one hundred pounds. And doth also very well know, that he hath di∣uers and sundrie times, vpon the receipt and payment of the saide seue∣rall summes, not onely confessed the receipt of the same, but also faith∣fully promised vnto your said Orator, that he would cancell and deface the said obligations, yet notwithstanding, so it is, if it may please your good Lordship, that albeit the said I. W. doth very well know, that your

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said Orator hath fully satisfied and paide vnto him the said summe of one hundreth pounds, bequeached by the said H. B. vnto the said Anne, and hath also fullie satisfied and payed vnto him, fourescore and eight poundes, and more, parcell of the said hundreth pounds, which your said Orator gaue vnto the said Anne, of his owne free liberalitie, and for the aduancement of the said A. and that the said Obligations, viz. one of one hundreth poundes, for the payment of fiftie pounds, and one o∣ther Obligation of two hundred pounds, for the payment of one hun∣dred pounds, which your said Orator became bound in, vnto the said I. W. were for the selfesame debts, which your said Orator hath at se∣uerall payments, as is aforesaid, paid vnto him in discharge, and in part of satisfaction of the said seuerall Obligations, ought in all right, equi∣tie, and good conscience, to be cancelled and defaced, vpon the payment of the residue of the said summes which is behind, and which your said Orator is readie to pay, yet he the said I. W. hauing a very greedy, and couetous disposition to enrich himselfe, albeit he doth very well know the said seuerall Obligations, to be in effect fully satisfied and dischar∣ged, as is aforesaid, and that he hath not at any time beene, any thing dampnified by the for bearing of the said seuerall summes, yet hath he now lately commenced suite vpon one of the said Obligations, in her Maiesties Court of Kings Bench, and vpon the other Obligation in her Maiesties Court of common Plees, meaning to take the whole for∣faiture of the said seuerall Obligations against your said Orator, in that your said Orator did not in trueth alwaies pay vnto him the said seuerall summes, according to the condition of the said Obligations, but did alwaies pay the same at such times as the said I. W. had occa∣sion to vse it, and as he did at any time demaund it, and doth with all the expedition he can, and with the most hardnesse that he may vse, seeke to recouer the penalties of the said seuerall Obligations against your said Orator, contrarie to all right, equitie, and good conscience, and to the great hurt and hinderance of your sayd Orator. And albeit your sayd Orator hath diuers and sundry times earnestly required of the sayd I. W. not only to cancel and deface the sayd Obligations, vpon the paiment of the residue, and surcease his seuerall suites commenced vpon the same, yet that, or any of them to do he hath denied and refused, and still doth denie and refuse, contrary to all right, equitie, and good con∣science: In consideration whereof, and for asmuch as your said Ora∣tor hath no good matter to pleade in barre of the said seuerall Actions by course of the common Lawes, in that, albeit he hath in truth paied and satisfied the said seuerall summes, in such sort as the sayd I. W. held himselfe contented therewith, yet can he not make any proofe of the paiment of the same, according to the conditions of the said seuerall

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Obligations: And for that also the said I. W. hath not in any sort bin dampnified by the forbearing of the said summes of money, or any part thereof, and yet if he had, forsomuch as your said orator hath fully paied vnto him fowerscore & eight pounds more then he neede to haue paied, and that of his owne liberalitie, there is now no reason why he should seeke by rigor of law to take the forfeiture of the said seuerall Obliga∣tions, albeit it were true that the same were not fully satisfied and dis∣charged, in such sort as they ought to be: May it therefore please your good Lordship, to grant vnto your said Orator the Queenes Maiesties most gracious seuerall writs of Subpena and Iniunction to be directed to the said I. W. not only straightly charging and commaunding him by the same at a certaine day, and vnder a certaine paine therein to be contained & limitted, personally to appeare before your good Lordship, in the Queenes Maiesties most high Court of Chancerie, then & there to answere to the premisses, but also inioyning him by the same, his Counsellors, Attorneys, and Solicitors, to stay and surcease the said seuerall suits, and no further to proceede in the same, vntill other order shall be therein taken by your good Lordship. And your said Orator shall pray for your good Lordship in honor long to indure.

A Bill for the detaining of a lease for yeares, and taking the profites of the lands leased, and secret taking of a Cow distreined and impounded by the plaintife out of the pound, and charg∣ing him with thee esloyning of the same Cow.

HVmblie complaining, sheweth to your good Lordship your daily [unspec A] * 9.12 orator N. C. of H. in the countie of D. Gentleman. That where∣as one T. E. of H. aforesaid gentleman, was lawfully seazed in his de∣mesne, as of fee, of, and in diuers and sundry lands, tenements, heredita∣ments, with the appurtenances, set, lying, and being in H. aforesaid, And he so being thereof seised about the 20. day of May, in the 27. yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is, at H. aforesaid, for and in consideration of a certaine summe of mo∣ney to him by the said N. C. well and truely contented and paid, and by Indenture of lease, the certeine date whereof your said orator knoweth not, for that he hath not the said Indenture, did demise, grant, set, and to farme let the same vnto the said N. and his assignes, for and during the full ende and terme of two yeeres then next following. By force whereof, your said orator was thereof lawfully possessed, vntill about the xvii. yere of the raigne of the Queenes Maiestie that now is, R. B. W. G. N. T. R. W. W. F. W. E. & K. his wife by casuall meanes hauing obteyned and gotten into their hands, or into the hands of some of them, the said Indentures, confederating themselues together of

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purpose, to wrong your said orator, & to expell & put him from his law∣full & quiet possession of the premisses, or the greatest part thereof, en∣tred into one parcell of the premisses called B. fields, being then sowed with Dates by your said Orator. and at the same time put in one Cow and Heyfer, very maliciously to depasture and eate the graine & corne of your said Orator therein then growing, which said Cow & Heyfer, was, and remained there depasturing, eating, and treading downe the said graine and cor••e, vntill your said Orator came and distraiued the said Cowe and Heyfer for dammage there doing, and impounded the said Cow and Heyfer in a pound ••uert, at H. aforesaid, as lawfull was for him to do, shortly after which impounding of the said Cow and hei∣fer, that is to say: vpon the twelfe day of Sept. the said R. W. W. F. W. E. and K. his wife repaired vnto the dwelling house of your said Orator at H. aforesaid, and then and there required your said O∣rator to deliuer the said Cow and Heyfer forth of the said pound, affir∣ming that they were sent thither to that intent and purpose by the said R. B. W. G. and N. T. which to do, your said Orator refused, as law∣full was for him to doe, because the said W. F. E. and K. his wife, nor any of them, did then and there tender vnto your said Orator, any a∣mends or satisfaction, for, or towards the said trespasse: But so it is if it may please your good Lordship, that about a leuen or twelue of the clocke in the night of the said twelfe day of Sept. the said Cow and Heyfer was conueyed foorth of the said Pound, (the dore or gate of the said pound being fast locked) by the said R. B. W. G. N. T. R. W. W. F. W. E. and K. his wife, or some of them, as your said Orator verily thinketh, and is perswaded in conscience, sithence which time, the said B. G. and T. haue most falsely and vnconscionably charged, and still charge your said Orator for the es••oyning and conueying a∣way of the said Cow and Heyfer, and haue thereupon not onely com∣menced suit against your said Orator at the common Lawe, but also by colour of hauing the said Iudenture, haue made and contriued vn∣to themselues, or some of them, or to some other persons to their, or some of their vses, sundry secret estates of the premisses, and do yet most wrongfully deteine, and withholde the possession of a great part of the premisses from your said Orator, to his great hurt and impo∣uerishment: And for as much as your said Orator hath not any ordi∣narie remedie by the due course of the common lawes of this realme, for the recouery of the said Indenture, for that he knoweth not the certaine date or contents thereof, nor wherein the same is conteined: And so there by not only very like to l••se his lawfull and rightfull pos∣session, of, in, and to the premisses, but also standeth in great daunger to lose great dammages for the supposed essoyning of the saide Come

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and Heyfer, vnlesse it please God, as your sayd Orator hopeth it will, to moue the hearts of the said ••. G. E. W. F. ••. and K. his wife, vpon their answeres and othes in this honorable court, to discouer and dis∣close the trueth of their euill dealing, and disorder in breaking of the said pound, and taking foorth if the said Cowe and Heyfer, conueying them ••o vnknowen places, of purpose to charge your sayd Orator therewith. And forasmuch, as they haue denied, and refused, and yet do refuse and denie, either to permit or suffer your said Orator quietly to haue and take the issues and pro••••tes of the said premisses, or to deliuer vnto him the said Indenture of lease, although he hath oftentimes most gently and friendly required and desired them so to do: It may there∣fore please your good Lordship &c. As before is said in Sectio 61.

The Answere of the same Bill.

THE said defendants say, and either of them for himselfe seuerally [unspec A] * 9.13 sayeth, that the said bill of complaint is very vncertaine, vntrue, and insufficient in the Lawe to be aunswered vnto by these defendants, or any of them for diuers apparant faults and imperfections therein contained, and the same very friuelous, as these defendants thinke for sundry causes, and namely, for that, that it is thereby supposed, that they and others by reason of hauing the custody of the said supposed indenture, or lease pretended to be made by the said T. E. in the said bill named to the said complainant of the said Demesne lands of the Highlow aforesaid, for two yeares now ended, if any such were, haue made, or contriued vnto themselues, or to some other persons, and to their vses, sundry secret estates of the premisses, where if any such e∣states had bin made, they be already determined. And the said def. fur∣ther say, that as they verily thinke by the scope of the said bill contai∣ning in it selfe much like matter set out with many words, and in effect no matter worthy to be examined in this honourable Court, the same bill is deuised and exhibited into this honourable Court, of meere ma∣lice, and euil will, to the intent to molest and trouble these defendants, and others in the same bill named, being quiet poore men, dwelling almost seauenscore miles from the citie of W. with long and tedious iournies to make their personall apparance in this honorable Court, to answere the said friuolous and vntrue bill without any good or iust cause so to do. Thaduantage of exception to the manifest incerteintie, and insufficiencie of which vntrue bill of complaint to these defen∣dants, and eyther of them saued, for answere thereunto, they and either of them for himselfe seuerally sayeth, that they thinke it to be true, that the said T. E. of H. in the said bill named, was lawfully seised in his demes••e, as of ••ee, or fee taile, of, and in diuers lands, ••enements, and

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heredit••ments, with thappurtenances, set, lying, and being in H. afore∣said, and that he being thereof so seised about two yeares now last past, did demise, graunt, set and to farme let, the same vnto the complainant for two yeares, as it is in the said bil alleaged, without that, that these defendants of purpose to expell the said complaynant from his lawfull possession of the premisses, or the greatest part thereof, entred into the said parcell of the premisses, being sowen with oates by the said com∣plainant, or at the same time put in one Cow, and one heifer, verie ma∣litiously to depasture and eate the graine and corne of the said complai∣nant growing therein. Or that the said cow and heifer to these defen∣dants knowledge, remained there depasturing, eating, or treading downe the said graine and corne, vntill the said complainant came and distrained the said Cow and Heifer, for damage their doing, and im∣pounded the said cow and heifer in a pound ouert, at H. aforesaid to their knowledge, as in the said bill is very vntruely alleaged. And with∣out that, that shortly after the said impounding of the said cowe and heifer, that is to say, the eleuenth day of S. the said R. W. W. F. W. E. and K. his wife, by the knowledge of the said defendants or either of them repaired vnto the said dwelling house of the said complainant, at H. aforesaid, and then and there required the saide complainant to deliuer the said cow and heifer forth of the said pound, affirming that they were sent thither to that intent and purpose by these defendants, and the said N. T. in the said bill named, as in the saide bill is vntruely alleaged. And without that, that to these defendants knowledge, there was any such cause, that any amends so should haue bin tendered vn∣to the saide complainant, for or towards the said supposed trespas. Or that about eleuen or twelue of the Clocke in the night of the saide eleuenth day of S. the said cow and heifer were conueied forth of the saide pounde by these defendants, or either of them, or that these defendants or eyther of them, haue vnconscionably charged the said complainant for the estoining and conueying away of the said cow and heifer, or thereupon commenced any suite against the said complainant at the common law, as in the said Bill is very vntruely alleadged, for they these defendants verily thinke that there was neuer any such Cow and Heyfer, so as is aforesaid, distreyned, and without that, that these defendants by colour of hauing of the said Indenture in the said bill mentioned, haue made and conueied vnto themselues, or to any o∣ther person or persons to their vses, any secrete estate of the premisses, or any part thereof, or do wrongfully deteine and withhold the posses∣sion of a great or any part of the premisses, from the said complainant as in the said Bill of complaint it is likewise vntruely alleadged. And without that, that these defendants or either of them, haue denied & re∣fused,

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or yet do deny or refuse, either to permit or suffer the said com∣plainant, quietly to haue and take the issues and profits of the premisses, or deliuer vnto him the said supposed Indenture or lease, as in the said Bill is vntruely surmised, for these defendants say, that to their know∣ledge, they neuer saw, nor heard read any such Indenture or lease. And without that, that any other matter, thing or things &c.

A Bill to be releeued for Obligations made for Simonie.

IN most humble wise complaining sheweth vnto your Honorable [unspec A] * 9.14 Lordship, your daily Orator W. C. parson of T. in the county of Y. That whereas about fiue yeares now last past, W. by the permission of God, now Bishop of L. and C. was lawfully seised of thaduowson of the vicarage of D. in the Countie of D. as of one in grosse, by it selfe, as of see in right of his B. aforesaid, and vnto the same vicarage be∣ing vacant, did present your said Orator his Clerke, who was after∣wards admitted, instituted and inducted into the same accordingly, which vicarage afterwards by resignation into the hands of the said B. to present againe to the same, as the very true patron thereof became voide. And afterwards your said Orator became an humble sutor vn∣to the said B. in the behalfe of one R. W. Clerke, that it should please him to present the same R. W. to the said vicarage, which after long suit, it being first agreed betweene your saide Orator, and one C. Q. with the knowledge and consent of the said B. that your said Orator in respect of the said presentation and admission of the said R. W. that there should a certaine summe of money, amounting as your said Ora∣tor thinketh to the summe of thirtie pounds, to be paid at certaine daies then betweene them agreed vpon, for the paiment thereof, and that for true paiment of the said summe at the said daies, your Orator should be∣come bounden vnto the said C. D. by seuerall Obligations, whereupon afterwards, that is to say, the twentith day of I. which was in the eight and twentith yeare of the raigne of the Queenes most excellent Ma∣iestie, that now is, your said Orator for the onely consideration afore∣saide, and for the onely benefite of the saide R. W. aforesaide be∣came bounden vnto the saide C. D. in foure or fiue seuerall obli∣gations, videlicet, by some obligations in the summe of 20. pounds, or there abouts, for the paiment of ten pounds, and in some other, in o∣ther summes for paiment of fiue pounds, or there abouts, at the saide daies, and times, betweene them so as is aforesaid agreed vpon, and thereupon the saide R. W. for the saide considerations was insti∣tuted, and inducted into the said Vicarage accordingly, which bonds were so made by your saide Orator in hope, and vpon the faithfull

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promise of the said R. W. would haue paid and discharged the said se∣uerall summes of money at the said daies, according to the seuerall con∣ditions of the said obligatiōs, but now, so it is, that if it may please your Honorable Lordship, that the said R. W. though oftentimes by your said Orator required, hath not paid the said seuerall summes of money, nor any of them vnto the said C. D. according to the said seuerall obliga∣tions, & according to the said agreement, and his said promise in that be∣halfe made, as is aforesaid, by meanes whereof, the said obligations, or the most part of them bin forfeited, and your Orator alreadie thereupon impleaded in her Maiesties Court, called the Kings Bench, and by rea∣son of the said Obligations or some of them, very like speedily to be con∣demned thereupon, if by your L. gratious meanes, he be not speedily re∣lieued, the which said practises are much against all right, equity, & good conscience, and to the great damage, losse, and hinderance of your said Orator. In tender consideration whereof, and for so much as the said promise of R. W. and the said agreement for the paiment of the said se∣uerall summes of money, being matters of corruption, and vnlawful si∣mony, were so closely and secretly wrought & contriued amongst them, that your said Orator is not able to make any such due proofe thereof, as the strict course of the common lawes of the Realme, in this behalfe requireth, and so your L. said Orator is vtterly without remedy by the common lawes to auoid the said bond, or to make proofe of the said as∣sumption, and promise of the said R. W. though the same be so well knowne vnto the said Bishop, & the said C. O. his factor, procurator, for such contracts of simony, and also to the said R. W. that your Orator verely thinketh they will vpon their answeres hereunto in this honora∣ble court, vpon their corporall oathes, if they be not altogether blinded with extreame couetousnes, confesse the truth to be, as is abouesaid, It may therefore please your honorable Lordship to grant vnto your said Orator, her Maiesties most gratious writ of Subpena, to be directed vn∣to the said W. B. and vnto the said C. O. and R. W. thereby comman∣ding them and euery of them, at a certaine day, and vnder a certaine paine therein to be limited by your Lordship, to be, and personally to ap∣peare before your honorable Lordship, in her Maiesties most high court of Chancery, then & there to answer vnto the premisses, & to abide such further order and direction therein, as to your honorable Lordship shall seeme to stand with right, equity, and good conscience, and also to grant vnto your said Orator, her Maiesties most gratious writ of Iniunction, to be directed vnto the said C. O. thereby commaunding and inioyning him, and all his Counsailers, Soliciters, and Atturneies, to stay his said suites and proceedings, against your said Orator, at, and by the common lawes, vntill the premisses shall be heard and determined, or otherwise

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ordered in this honourable Court, and your said Orator shall daily pray vnto Almightie God for the preseruation of your honourable Lordship in good health long to continue.

A Bill for Boording.

HVmbly complaining, sheweth vnto your Lordshippe, your daily [unspec A] * 9.15 Orator F. W. of K. in the Countie of L. Gentleman, That whereas about foure or fiue yeeres since, one E. C. then the widdowe of B. C. and nowe wife to R. H. of N. in the Countie of L. Yeo∣man, verie earnestly and instantly required of your saide Orator not onely for her selfe and her sonne to be tabled or boorded at the house of the said complainant, but also haue house roome for continuall abode and lodging with him likewise, promising liberally and fully to recom∣pence both the cost and trouble which your saide Orator, or his house∣holde should sustaine therein, vppon hope of which promise and agree∣ment, your saide Orator did to the full request and satisfaction of the saide E. table and lodge the saide E. and her sonne being of the age of seuen yeeres, or thereabouts, during her widowhoode, by the space of two yeeres at the least, ended about the Annunciation of the Virgine Marie, in the twentith yeere of the Queenes Maiesties Raigne, about which time the said E. tooke to husband the said R. H. after which ma∣riage, vpon like promise and agreement which the saide R. your saide Orator did likewise boorde or table, and lodge in his house the said R. and E. her sonne, and a seruant by the space of one whole yeere and a halfe ended about May day last past, during which time also the said R. put your said Orator to great charge and trouble, with diuers horse as well kept in the houses of your said Orator, and at his cost, as also a∣broade in his closes and pastures, notwithstanding all which costs, trou∣bles, and charges of your said Orator, Now so it is, if it may please your Lordship, that the said R. and E. being departed from the house of your said Orator, craftely, deceiptfully, & vnconcionably, refuse vtterly and denie to giue any recompence or consideration to your said Orator for their meate, drinke, lodging, or other charges, contrarie to all huma∣nitie, equitie, and right. In tender consideration thereof, and for that your said Orator, is without all helpe, by the strict order and course at the common law, for that for the said tabling, lodging & charges, there was no certaine time, nor no certaine summe of money agreed vpon, a∣mongest the said parties, nor promised by the said R. and E. and that al∣so the said agreement was betweene themselues only, without any wit∣nesse, May it please your Lordship to grant vnto your said Orator the Queenes Maiesties writ of Subpena to be directed to the said R. and E. and your said Orator shall daily may for your good Lordshippe &c.

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A demurrer for double vexation.

The demurrer of R. and W. defendants to the Bill of G. W. complainant.

THE said defendant by protestation, not confessing or acknowled∣ging [unspec A] * 9.16 any thing in the said bill alleaged, materiall against this de∣fendant to charge him to be true, but rather deuised and set foorth, onely of purpose to put this defendant to wrongfull vexation, costes, charges, and expences in the lawe, for that before this time, that is to say, about the terme of Easter, in the fiue and twentith yere of the raigne of our soueraigne Lady the Q. maiestie, that now is, the said complainant vnto this honorable Court of Chauncery, exhibited a∣gainst this defend. a Bill contayning in effect, the same matter which is alleaged in the bill now exhibited, differing onely in forme, but no∣thing in substance, sauing by adding some fiue acres, as the number of foure or fiue, as estimating one close in this bill at foure acres in the for∣mer estimated but at two, or there abouts, and an other close in this bill now exhibited, at three acres, in the former estimated at two or there∣abouts, and putting some acres to some other closes, the which before were set downe without limitation or naming of any acres at all, being the selfesame closes and messuage in the former bill expressed, vsed and occupied by the same title and name, and the same number of acres, now put in more of purpose, to giue the same complainant some colour to exhibit this bill, as though it were a new matter although in deede it be nothing so. To which former bill this defendant answered, and thereto the said complainant replied, and this defendant reioined and so discended to Commission, wherein this defendant ioined with the said complainant, and named Commissioners for himselfe, as the said complainant named others for himselfe, and this defendant then bare halfe the charges of the same Commission, as in such cases is vsed. And when the time came, that the same commission was to be sitten on, the said complainant foreslowed the same, neither gaue any warning to this defendant, nor laboured his owne commissioners, that this defen∣dant euer heard of, to meete for the execution of the same, but suffered the same to stay by the space of fiue or sixe termes, or thereabouts, as this defendant remembreth: whereupon this defendaunt for his owne expedition at his owne costes and charges, procured a commission for examination of witnesses in that matter directed to the selfe same com∣missioners, that the former commission was, and gaue notice thereof to the said complainants, and to one of his commissioners, who agreed to meete at the day and place appointed, where this defendant was pre∣sent with his commissioners and witnesses, and one of the said com∣plainants

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commissioners was in the towne where the place was ap∣pointed the same day and time readie to haue executed the said commis∣sion, if the said complainant would haue spoken to him therefore, as this defendant was credibly informed, and the said complainant was there present at the same time and place, and did, or might haue spoken with him that was named commissioner, for him who had a dwelling house in the same towne, being the towne of M. in the same Countie: and then and there the deponents, vpon this defendantes behalfe were sworne and examined by and before these defendants then commissio∣ners, and some of them sworne in the presence of the said complainant, And thereupon the depositions and examinations of the witnesses so sworne, were by these defendants, then commissioners, caused to be in∣grossed in parchment, and certified into this honorable court, and after∣wards published, and after publication this defendant staied without doing any thing therein by the space of two termes or thereabouts, du∣ring which time the said complainant, did or said nothing at all in the said court touching the said suit, that this defendant euer heard of. And then this def. caused the said depositions to be exemplefied vnder the great seale of Eng. to his great charges which he hath readie to shew to this H. Court. And the said complainant being not contented with these causels vexations of this defendant: Anone after that this complainant had obtained the said commission, the said cōplainant for this defendants further vexation, commenced suit against this defendant in the ecclesia∣sticall court of the Archb. of Yorke, within whose dioces the same lands and tenements in N. in the bill mentioned be, & where the said father of this complainant and defendant died, vpon surmised matters, touching the supposed will mentioned in the said bill, whereupon this defendant to his great charges appeared & answered as behoued for the time, by himselfe & his procter as is there vsual, whith suit the said complainant relinquished also as this defendant thinketh, for he hath heard nothing therof these xii. moneths and more. And now the said complainant mea∣ning nothing else but this defendants trouble & molestation, hath renu∣ed the said suit in this H. Court againe, which before he had in the same court by the said first bill, conteining the same matters in effect & almost word for word as in the same bill is mentioned, whereunto this defen∣dant hath alreadie answered, as appeareth by the same answere remai∣ning of record here in this court, and the same proceeded vpon both as a∣fore is said: wherefore this defendant for the causes aforesaid, and for the said double vexation in this honorable court by two bils conteining in effect but one matter in substance, demurreth in law and praieth that he this defendant may be dismissed out of this honorable court, with his reasonable costes and charges in this suit wrongfully sustained.

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A Bill for not surrendring a lease made by the Plaintife to the defen∣dant in trust, to trie a title, and for occupying, and wasting the tenth dem••sed and for deteining of writings of copyhold lands, contrarie to their agreement.

HVmbly complaining, sheweth vnto your H. Lordship your daily [unspec A] * 9.17 Orator I. K. of W. in the Countie of Y. yeoman, that whereas about 40. yeeres now last past, one W. M. yeoman, was lawfully seased in his demesne, as of fee, of & in one mesuage, with thappurtenances in E. in the County of M. and of, & in diuers lands, tenements, meadowes, pastures, & hereditaments therunto belonging, being freehold land in E aforesaid, & H. in the said con••ty of N. and he being there of such estate so seazed about the first yeere of the raigne of the Q. Maiesty that now is, by his last will and testament in writing made, & written in the life time of the said W. M. did giue & bequeath the same to one E. then his wife, & now wife vnto your said Orator, for the time of her natural life, the remainder thereof after her decease to one R. M. as by the said will appeareth, and afterward the said W. M. died of such his estate thereof, so as is foresaid seised, by force of which wil and deuice, the said E. by and after his death, entred into the said mesuage or tenements, & was there∣of lawfully seased in her demesne as of freehold, for the terme of her life, the remainder thereof after her decease to the said R. M. in forme afore∣said belonging: & also whereas the said W. M. was in his li•••• also seased of or in certain copihold, or customary lands, lying & being within the manor of S. in the said county of N. and holden of the said manor by co∣py of the court rolles of the same manor in his demesne, as of fee, accor∣ding to the custome of the saidmanor, and he being thereof so seazed died therof so seazed, by & after whose death, the said E. his wife was endo∣ments, of the third part of the said copihold or customary lands and tene∣ments, and according to the custome of the said manor, admitted therof tenant by the Steward of the Court of the said manor accordingly, by force wherof she likewise entred into the third part of the said custo∣mary tenements and premisses, and was therof likewise seazed in her demesne as of freehold as tenant in dower therof for the terme of her life naturall, according to the said oustome, and quietly and peacably oc∣cupied and enioyed the same vntil about ten yeares now last past. Now that your said Orator through importunancy and earnest perswasions of some friends of the said I. T. and A. L. was contented in some ma∣ner to yeeld vnto their suit, and therupon, for the furtherance and tri∣all of the title and interest of the said I. T. about the fourteenth day of I. in the 26. yeare of the Queens Maiesties raign that now is, without any fine, income, or other cōsideration to him paid, but giuing credit vnto

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the speaches of the said I. T. and A. L. that they would seeke nothing at the hands of him your said Orator, but onely vse the benefit of his present estate, for the resisting of certaine vnlawfull suits, & attempts which were then offered (as they then affirmed) by the said R. and o∣thers, did by this your said Orators Indenture of lease, bearing date a∣bout the said time demise, graunt, and to farme let, to the said I. T. and A. L. all the said freehold lands, tenements, and hereditaments, with the appurtenances in E. and H. aforesaid, to haue and to hold the said tenements and premisses, with the appurtenances to the said I. T. and A. L. their executors and assignes, from the feast of S. M. the Bishop in winter last past, before the date of the said Indenture vnto the full end and terme of 21. yeeres thence next following, and fully to be com∣plete and ended, if the 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 Mar∣tin 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 en∣ioyed 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 conclu∣ded, 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 afore∣said, 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,

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which neuerthelesse they haue done, and yet do so occupie and enioy the same, contrarie to their said faithfull promise & agreement, as is afore∣said thereof made: and yet not contenting themselues with the said oc∣cupation 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 vt∣terly 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 te∣nements 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, s••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 habi∣tation 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 o∣ther persons by the deliuery of them, or of the one of them, the certaine number, dates, contents, and other certainties whereof your said Ora∣tor 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 de∣mised 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 repo∣sed, 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

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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 ther∣unto 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 thi∣ther by them the said I. T. and A. L. as it seemed, of set purpose to cir∣cumuent & 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 vt∣terly without all remedy by the strict course of the cōmon lawes of this realme of England, to recouer either the possession of the same tenemēts 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 stand to, and abide to such further order & direction therein, as to your honora∣ble Lordship shall be thought to stand with right, equity, and good con∣science. And your said Orator shall daily pray vnto God for the preser∣uation of your Honors prosperity and good health long to continue.

A Bill by an Administator vpon a promise made vnto the intestate by the defendant, to pay vnto him certaine money in mariage of the d••fendants daughter with one of the intestates Sonnes.

COmplaining, sheweth vnto your Honorable Lordship, G. Earle of [unspec A] * 9.18 S. administrator of the goods and chattels of the right honorable G. Earle of S. deceased his late father, that wheras about seuen yeares now last past, there was certaine communication betweene the said G. Earle of S. in his life time, and one W. R. of K. in the County hf N. Esquier, of, for, and concerning a marriage then intended to be made betweene H. T. Esquier, one of the sonnes of the said late Earle, and E. the onely daughter, and heire apparant of the said W. R. And there∣upon it was fully concluded and agreed betweene the said late Earle, and the said W. R. and either party did mutually promise, and agree to

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and with the other, that the said H. T. and the said E. daughter of the said W. R. should marry together, according to the Ecclestasticall lawes of this realme of England, at a certain day by the said parties for that purpose agreed vpon & appointed. And for, and in consideration of the said marriage to be made, as is aforesaid, the said W. R, about the same time did assume, & to the said late Earle faithfully promise to pay and giue vnto the said late Earle 4000. l . of lawfull English money, or there abouts, at certain daies likewise in that behalfe between them agreed vpon, & now long sithence past, by reason of which agreement, promise, & assumption so made, as is aforesaid, the said H. T. did shortly after the said agreement, marry and take to his wife the said daughter of the said W. R. And thereupon the said W. R. did well & truly content and pay to the said late Earle the summe of 3000. l . parcell of the said summe of 4000. l . or there abouts. And shortly after & before he the said late Earle had receiued the residue of the said summe of 4000. l . he the said Earle died. Now so it is, if it may please your honorable Lord∣ship, that the said W. R. not ignorant of the premisses, and nothing re∣garding his said agreement & faithfull promise and assumption, so as is aforesaid by him made, to, and with the said late Earle, but imagining and fraudulently intending, aswell the said late Earle in his life time, as your said orator, being administrator of the goods & chattels of the said late Earle, since his death in this behalf falsly & deceiptfully to defraud and decei••e him of the sum of a 1000. l . at the lest, parcel of the said sum of 4000. l . or there abouts by him agreed & promised to be paid to the said late E. as is aforesaid in consideration of the said mariage, although he the said W. R. hath oftentimes, aswell by the said late E. in his life time, as by the now E. since his death bin curteusly required to haue paid the said summe of 1000. l . according to his said agreement, promise, and assumption, yet that to do, hath he euer hitherto denied and refused, and yet doth denie & refuse to do the same, contrary to his said faithfull pro∣mise & assumption, to the great losse & damage of the now E. and altoge∣ther against all right, equity, & good conscience: Notwithstanding that the said late Earle, in respect of the said mariage, hath conueyed and as∣sured vnto the said H. T. a good estate of inheritance, of diuers manors, lands, tenements, and hereditaments worth 3000. l . by the yeare, or there abouts, wherof the said R. his daughter is intituled to haue dower by law: In consideration whereof, and forsomuch as by reason of the great trust & confidence which the said late Earl did repose & put in him the said W. R. the said agreement, promise, & assumption, so as afore∣said betweene them made, was so made secretely & priuatly betweene thēselues only, without calling any other person or persons vnto thē to be witnesses therof, which might testify the same agreemēt, promise, &

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other answere to the said vntrue and insufficient bill of complaint: then they and either of them for the satisfaction of this honorable Court, in the truth of all the matters in the said bill most vntruly obiected by the said complainant against the said def. for further and ful answere there∣unto, and for plaine declaration of the truth therein: They the said de∣fendants and either of them say, that true it is indeed, that there was a certaine speech or communication had betweene the saide complainant and these said def. for such a bargaine to be had and made between them in such sort, for the lease and paiments, as they ••re by the said bill allea∣ged, the which said communication was then set downe in certaine ar∣ticles bearing date, in the said complainants bill alleaged. And it was then also most materiall, for these said defendants further couenanted and agreed on the part of the said complainant, that that said communi∣cation should be by him the said complainant put in writing by deed in∣dented, and according to law be executed by sealing & deliuering there∣of, as these said defendants then did, and yet do take it, & moreouer that the said complainant and G. B. of E. in the Countie of D. Esq. shoulde become bound iointly and seuerally vnto the said def. for the true perfor∣mance of all and euery the said agreements, in the summe of 110. li. be∣fore the paiment of the said summe of 40. li. in the said bill mentioned, being the first paiment which they should haue made, the which saide communication as the said defendantes did accompt it, was then set down in writing vnder the terme of Articles of agreemēt, but yet neuer meant to conclude or bind the said bargaine, vntill the same should haue bin ingrossed, sealed, & deliuered, & the said obligatiō entered at the said complaināts costs and trauel, as the said def. haue euer taken it, & think the same wil proue so in law because it was referred to further writings more effectuall in the law to be accomplished by the said complainant, the which to do, he neither yet hath, neither as it seemeth meant to per∣forme, but rather to gaine the said defendants money, without anie as∣surance thereof to be made vnto thē, for that he hath not caused the said articles to be ingrossed, neither hath he & the said G. B. entred into bond to the said defendants, or either of them according to the said agree∣ment, but wholly sought, if by any meanes he could, cunningly to pos∣sesse himselfe of the said summe of 55. li. or of so much thereof, as he could without any assurance making, or entring into bond to the saide defendants, as aforesaid, to the great impouerishment of the said defen∣dants, if the said complainants entent had taken effect, for which cau∣ses they the said defendantes thinke that the saide complainant hath no iust cause of complaint, neither are they the said defendants or either of them bound, as they take it, to performe the said paiments in the saide bill expressed, without that, that the said agreement was priuately and

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secrettly made betweene the said complainant, and the said defendants as in the said bill is most vntruly alleaged, or that the said defendantes euer meant any fraud, or guile, as likewise in the said bill is very slaun∣derously pretended. And without that, that any other matter or thing in the said bill of complaint contained, materiall or effectuall in the law to be aunswered vnto, and in this their aunswere not sufficiently aunswered vnto confessed and auoided, trauersed or denied, is true, all which matters these defendants, and either of them are readie to auerre and proue as this honorable Court shall awarde, and pray, that they may be dismissed out of the said Court, with their reasonable costs and charges in that behalfe wrongfully, and without cause sustained.

The Replication of Io. S. complainant vnto the ioynt and seue∣rall answeres and demurrers of I. M. and P. M. defendants.

THE said complainant for replication saith, in all and euerie thing [unspec A] * 9.19 and things, as he in his said bill of complaint hath said, and doth, and will auerre, iustifie and maintaine his said bill of com∣plaint, and all and euery thing and things, clause, sentence, article, and allegation therein contained, to be good, iust, and true, certaine and sufficient in the law to be answered vnto by the said defendant, and de∣uised & exhibited into this honorable court, vpon good and iust cause of suite, as in, and by the said bill is most truely set downe and disclosed. And not deuised, imagined & set forth by this cōplainant against the said defendants vpon malice or set purpose, to put these defendāts to wrong∣full and verie vniust vexation, costes, charges and suit in law, without any good ground or cause so to doe, as in the said answere it is vntruly alleaged. But the said complainant saith, that the answeres of the said defendants are verie vncertaine, vntrue, and insufficient in the law to be replied vnto for diuers and manifest imperfections therin contai∣ned. Neuerthelesse, if by the order of this honorable Court, this com∣plainant shall be compelled to make any further replication vnto the said vntrue, incertaine, and insufficient answeres of the said defen∣dants, then, and not otherwise, the aduantage of exception, to the ma∣nifest incertainty and insufficiency thereof to this complainant, at all and euery time and times hereafter saued, for further replication thereunto saith, as in the said bill of complaint he hath said, without that, that at the said time of the making of the said agreement in the said bill and answere mentioned, it was further couenanted and agreed on the part of the said complainant, that the said communication should by the said complainant be put in writing by deed indented, and accor∣ding to the law be executed by sealing and deliuerie thereof. Or that

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this complainant, and the said G. B. Esquire in the said answere na∣med, should become bound ioyntly, and seuerally vnto the said defendant for the true performance of all and euery the said agreements in the summe of one hundred and fortie pounds in the said bill mentioned, be∣ing the first payment which they should haue made, as in the saide aun∣swere it is very vntruely alleaged, with this, that this complainant doth & wil auerre, and proue that the said communication in the said bill and answere mentioned, set downe vnder the terme of articles of agree∣ment was euer ment to conclude and binde the said bargaine, the same not referred to any further ceremony of engrossing, sealing and deliue∣rie, or entring into the said obligation by the said complainant, or G. B. at the costes and trauell of the foresaid complainant, & the said G. & this complainant also saith, that the same agreement was then fully and ab∣solutely made, & not referred to any such further writing more effectu∣all in the law, to be fully accomplished by the said comploinant, as in the said answere, it is coniecturally and vntruely suggested, and without that, that this complainant, and the said G. B. or either of them haue ment to gaine the said defendants money, without any assurance made of the tenements in the said bill mentioned to the saide defendants, or wholly sought by any meanes he could, cunningly to possesse himselfe of the said summe of 50. l . or of so much thereof as he could, without any assurance making, or entring into bond to the said defendants, as aforesaid, to the great impouerishment of these defendants, if the com∣plainants intent had taken effect, as in the said answere is vntruely sur∣mised. For this complaint saith, that euer since the making of the said bargaine and agreement, he and the said G. B. haue, and yet are rea∣die to performe and do, whatsoeuer they did then bargaine and agree to doe, by the same articles, as vnto this honorable Court▪ shalbe truely and sufficiently proued, and this complainant also saith, that he hath iust cause of complaint, and that the said defendants are bound to per∣forme the said paiments in the said bill of complaint mentioned, which he hopeth, they shall be compelled to doe, by the order of this honorable Court. And without that, that any other matter, thing or things, clause sentence, article or allegation, in the s•••••• answere contained, material, or effectuall in the law, to be replied vnto, by this complainant, and not herein in this his replication by this complainant sufficienlty replied vnto, confessed and auoided, denied or trauersed is true. All which matters, this complainant is readie to auerre add proue as this hono∣rable Court shall awarde, and prayeth as he in his saide Bill of com∣plaint hath praied.

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A Bill for money lent without specialty and witnesses.

To the Right Honorable Sir T. B. &c.

IN most humble wise complaining, sheweth vnto your Honorable [unspec A] * 9.20 Lordship, your daily Orator T. G. of Ashebourne, in the countie of Darby Gentleman, that whereas your said Orator by way of prest, at the feast of P. in the xviii. yeare of the raigne of our Soueraigne La∣die Glizabeth by the grace of God, of England, France, and Ireland, Queene defendresse of the faith, &c. did deliuer vnto E. C. of A. in the Countie of Y. yeoman, the summe of xx. pound of currant English mo∣ney, to be paid vnto him your said Orator, at or before feast of S. Bart. the Apostle then next ensuing: Now so it is, that although your saide Orator hath many and sundrie times required payment of the said xx. pound, yet notwithstanding, he the said E. the same xx. pound to your said orator hath not yet paid, to the great losse & hinderance of him your said Orator, And for because your said Orator hath not any specialtie or witnesse to proue the deliuery of the saide xx. pound, he is therefore thereof without remedie by order and course of the common lawes of this Realme, and is vtterly like to loose the said summe, contrarie to all equitie, good conscience and true dealing, vnlesse your honorable Lo. fauor and lawfull aide be herein shewed. In tender consideration whereof, may it please your honorable Lo. the premisses considered, &c.

The Answere of the said Bill.

THe said defendant saith, that the said Bill of complaint is very vn∣true, [unspec A] * 9.21 and insufficient in the law to be answered vnto, for diuers apparant matters therein conteined, and that the same is deuised by the said complainant, and exhibited into this honorable court of meere ma∣lice and euill wil, to thintent to put this defendant to great charges and expences, without any good matter, or iust cause, or colour of cause so to doe: And that if the said supposed matter were true, as indeede it is not, yet were the same determinable, at, and by the common lawes of this Realme, and not in this honorable crurt, whereunto this defendant prayeth to be dismissed, with his reasonable costes and charges in this behalfe wrongfully sustained, without that, that the said complainant by way of prest at the feast of Penticost, in the saide three and twentith yeare of the Queenes Maiesties Raigne, or at any other time did de∣liuer vnto this defendant the said summe of twentie pounds to be paid vnto him, at, or before the said feast of S. Bart. the Apostle as in the said Bill is supposed. And without that, that the said complainant ma∣nie and sundrie times required payment of the said twenty pound, as in the saide Bill is likewise vntruely supposed. And without that,

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that any other matter, thing, or things, clause, sentence, article, or al∣legation in the said bill contained materiall or effectuall in the law to be answered vnto and not herein in this his answere sufficiently confes∣sed, and auoided, denied, or trauersed is true. All which matters, &c.

A Bill of deteining bonds and bils paid, praying an Iniuncti∣on to stay suite thereupon.

To the Right Honorable Sir C. H. Knight of the noble order of the garter, and Lord Chaunctllor of England.

HVmbly sheweth vnto your good Lo. F. L. of S. in Ie dale, in the [unspec A] * 9.22 Countie of D. Esquier. That whereas your said supplyant did long sithence in his fathers life time, at diuers seuerall times (the cer∣tainty whereof your Lordships said Orator doth not now remember) vpon some occasion, that he then had to vse more money then he had then in store, did borrow and take to Ioane of one R. S. of S. in the said Countie of D. yeoman, diuers summes of money, vpon receipt where∣of, your Lordships said suppliant did alwaies deliuer vnto the said R. S. either sufficient Obligations of double the summe borrowed, or else his the said F. L. your Lo. said suppliants single bill obligatorie, for repaiment of all such summes of money as he then borrowed at such times as were then agreed vpon betweene them. And amongst the rest, your Lo. said Orator did about twentie yeares since, as he now remembreth, borrow of the said R. S. the summe of xx. l . for the re∣paiment wherof at a certaine day therefore, then agreed vpon betweene them, your Lo. said suppliant did then deliuer vnto the said R. S. his bill obligatorie for his sufficient assurance thereof, the which said xx. l . like as also al the other sums of money so borrowed by your L. said sup∣pliant, as is aforesaid, he the said. F. L. your L. said suppliant, hath most certainly now long sithence repaied vnto the said R. S. at such time as hethe said R. was wel therewith cōtented, as wel in ful discharge of the said bill obligatorie of xx. l . as of all the other bonds and writings so entred by your Lo. said suppliant, as is aforesaid: And in respect, that he the said R. S. had not the said bill obligatorie for the said xx. l . readie to be cancelled and redeliuered at the saide repayment of the saide xx. pound, he the said R. S. did then verie faithfully promise vnto him that made the saide repayment, that he the saide R. S. woulde assuredly cancell the said bill obligatorie, whensoeuer the same should next come into his handes: But so it is, if it may please your good L. that the saide R. S. hath lately put the said Bill for the saide xx. pound in suite, as your Lordshippes saide suppliant is credibly informed,

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meaning to be double paid for the said xx. pound, in the said bill men∣tioned, against all equity and good conscience: In consideration wher∣of, and for asmuch as your Lordships said Orator hath no remedie at the common law, either to recouer the said bill obligatory for the said summe of xx. pound from the said R. S. or otherwise to pleade in dis∣charge thereof. And forasmuch as the said R. S. hath diuers other the said obligations and writings yet remaining in his hands, which are likewise satisfied, and which he hath promised to deliuer ynto your L. said suppliant at diuers times now long sithence passed, the which to do he hath hitherto not fulfilled, and in verie good sort by your Lord∣ships said Orator, and his seruants oftentimes required, for like reco∣uery or discharge whereof your Lordships said suppliant standeth like∣wise destitute by the strict course of the common lawes. It may there∣fore please your good L. to award aswell the Queene Maiesties most gratious writ of Iniunction to be directed vnto the said R. S. and all and euery of his Counsellers, Attorneis, Sollicitors and Factors com∣commaunding them, and euerie of them thereby at a certaine day, and vnder a certaine paine therein to be set downe by your good Lordship no further to proceede in the suite vpon the saide xx. pound bill, vntill your Lordshippe shall haue taken further direction therein, as also the Queenes Maiesties writ of Subpena to be directed to the said R. S. commaunding him thereby, &c.

A Bill to examine witnesses in perpetuam rei memoriam, touching a lease made in trust by the plaintife to the defendants.

To the right honorable Sir C. H. Knight, Lord Chancel∣lor of England.

IN most humble wise complaining sheweth vnto your honorable [unspec A] * 9.23 Lordship, your suppliant and daily Orotor T. B. of B. in the coun∣tie of Y. Esquier. That whereas your said Orator about sixe yeares now last past, was, and yet is lawfully seised in his demesne as of fee, of, and vpon one mesuage or tenement called B. and of diuers landes and grounds thereunto belonging, or with the same commonly vsed or occupied, lying and being within the Lordship of M. in the county of Y. and he being therof so seised, vpon special trust and confidence which he then reposed in one W. G. of B. in the countie of Y. and M. his wife, by his deed sufficient in the law, did demise, grant, and to ferme let vnto the said W. G. and M. his wife, when she the saide M. was sole and vnmaried, the said mesuage, tenements, and premisses, To haue and to hold the same vnto the said W. and M. from the ende and expiration of one lease then enduring, and now ended, which the said

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W. G. then had in the premisses for the terme of 21. yeares, thence next following, fully to be complete and ended: which saide lease was not onely meant and entended to be to the vse of your said Orator, but also at the time of the making hereof it was so declared and expressed, aswel by your said Orator, as by the said W. and M. in the presence of diuers witnesses, and not to the vse of the said W. and M. as your Orator shall be able plainely to proue in this H. court, which notwithstanding by the sinister perswasion confederacie and procurement of one W. L. of E in the countie of D. yeoman, they the said W. and M. do chalenge, and claim the said lease to be to their own vse & behoofe, cōtrarie to the fore∣said trust so reposed by your said Orator in them the said W. G. and M. and contrarie to the foresaid vse thereupon expressed, at the time of the sealing and deliuery of the foresaid lease by your said Orator vnto them as is aforesaid. And for as much as the foresaid lease in writing is ab∣solute without any vse expressed, or declared, in the deede of the same, And also seeing such witnesses as your said Orator hath for the proofe of the foresaid vse declared (at the time of the sealing and deliuerie of the foresaid lease) are now very aged, and impotent, and not likely to liue long, and doe inhabite and dwell within the countie of Y. and are not able to trauell to the Citie of London, and if they should chance to die before they be examined concerning the prem••isses, then were your said Orator without all remedie, for proofe of the foresaid vse and trust so by him reposed in the saide W. G. and M. his wife, (except by your good Lordship, it be granted vnto him, that he may haue a commission directed vnto such persons, as to your Lordship shall be thought meete, inhabiting in the said countie of Y. for the examining of the foresaide witnesses, in perpetuam rei memoriam, for the proofe of the foresaid vse and trust so reposed by your said Orator in the said W. G. and M.) May it therefore please your most honorable Lordshippe, the premisses gratiously considered, to grant to your said Orator &c.

A Bill vpon promise safely to deliuer sheepe to the Plaintife by one whose executor the Defendant is, which testator and executor conuerted the said sheepe to their owne vse, with an answere to the said Bill and replication thereunto▪

To the Queens most excellent Maiestie, in her highnes court of Chauncerie.

Memor̄. This direction is when there is neither Lord Chauncellor, nor Lord Keeper.

HVmbly complaining, sheweth vnto your Maiestie, your faithfull [unspec A] * 9.24 subiect W. P. of H. in the countie of L. gentlemam, that whereas

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about the moneth of April which was in the yeare of our L. God 1590. one H. S. was lawfully possessed of 62. score Ewes, and 6. score lambs, as of his own proper goods, & he being of thē so possessed about the same time did fell the same vnto your Maiesties said subiect, for the summe of fiftie pounds of lawfull English money, or thereabouts to him paid by your said subiect: By force of which bargaine your said subiect was of the said sheepe lawfully possessed, as of his owne proper goods, and he being thereof so possessed, it was then agreed betweene your saide subiect, and the said H. S. and one G. C. of A. in the countie of Y. hus∣bandman, that the said H. S. should deliuer the same sheepe to the said G. C. to be safely kept by him to the vse of your saide subiect, to be brought and deliuered to your said subiect, at your said subiect his dwel∣ling house in H. aforesaid in the said county of Lincolne. And thereupon the said G. C. in consideration thereof, and in consideration of forty shil∣lings to him by the saide subiect to be paide at the deli••ery of the said sheepe, in forme aforesaid, did then assume vpon himselfe, and to your said subiect did faithfully promise, that if the said sheepe were deliuered vnto him, according to the said agreement, that then be the said G. C. would well and safely keepe the same, and bring & deliuer them or cause the same to be brought and deliuered vnto your saide subiect, at his said house in H. aforesaid, within certaine time after that he should so receiue the same: which time is long sithence past. And your highnes said sub∣iect further saith, that about the first day of May next ensuing the said agreement, and promise, all the said sheepe were deliuered vnto the said G. C. at A. aforesaid, according to the said agreement. But so it is, if it may please your excellent Maiestie, that the said G. C. in his life time, imagining, & fraudulently intending, your said subiect in this behalfe craftily & subtilly to defraud and deceiue, did not onely, not deliuer vnto your said subiect the said sheepe, nor any of them, according to his saide faithfull promise, and assumption: but contrariwise did take and con∣uert a great part of them to his owne proper vse, selling some of them to diuers persons to your said subiect vnknowen for diuers summes of mo∣ney conuerting the same to his owne vse, and killing sundrie other of them in his house. And shortly after made his last Will and Testament in writing, and thereof constituted one R. C. his brother his Executor, and died possessed of the said residue of the sheepe. After whose death the said R. C. proued the foresaid Testament, and also tooke vpon him the burthen and charge of the execution thereof, and by pretence of the said residue of the said sixe score & one Ewes, and sixescore & one lambes being about fourescore Ewes, and threscore Lambes, worth thirtie pound and aboue, came to the hands and possession of the said R. C. who imagining, and fraudulently intending your saide subiect in this be∣halfe,

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and subtilty of the said sheepe to defraud and deceiue, hath in like manner sold the most part of the said Ewes, and Lambes, so comen to his hands and possession, to diuers persons to your said subiect vnkno∣wen, for diuers summes of money betweene them agreed vpon, and the money thereof arising hath conuerted to his onely vse and behoofe: and albeit your said subiect hath diuers times comen vnto him the said R. C since the death of the said G. C. gently requiring him either to deliuer vnto him your said subiect such & so many of the said sheep, so as is afore∣said, comen into his hands and possession, or the very value thereof, which very value of such other sheepe as the said G. C. had in his life time, so as is aforesaid ••onuerted to his owne vse, yet the said R. C. notwithstanding that after the death of the said G. C. the goods, and chattels, which were the said G. C. at the time of his death, sufficient both to discharge, pay, and performe, all the debts, and legacies of the said G. C. and to satisfie your Maiesties said subiect, of and for such, and so many of the said sheepe as came to the hands of the said G. C. and neuer came to the hands, custodie or possession of him the said R. C. hath euer hitherto denied and refused, and yet doth deny and refuse to yeeld vnto your said subiect any satisfaction, or any recompence at all, either for the said sheepe, so as is aforesaid, conuerted to the onely vse of the said G. C. in his life time, so as is said, either conuerted to the vse of the aforesaid R. C. after the death of the said G. or by him the said R. still vniustly detained and holden from your said subiect, which vniust dealing of him the said R. C. is to the greeuous losse and damages of your said subiect, and altogether against all right, equity, and good con∣science. In tender consideration whereof, and for so much as the said promise of the said G. C. so as is aforesaid made for the deliuery of the said sheepe as is aforesaid, was so made in the presence and hearing of the said R. C. and of certaine other witnesses, which be now all dead, but the said R. C. in so much as for want of such proofe as is requisite in that behalfe, he your said subiect is without all remedie either to re∣couer the said sheepe, or any recompence for the same, either by the strict course of the common lawes of this Realme, or in this honorable court, otherwise then by the parties owne confession vpon his oath in this honorable court, which your said subiect verely doth imagine and thinke, that he will confesse to be in such sort, as is here aforesaid. It may therefore please, &c.

The answere of R. C. to the Bill next before.

THe said defendant by protestation not acknowledging or confes∣sing* 9.25 the matters in the said bill of complaint, containe•• to betrue, in such manner and forme, as in the same they be set forth and alleaged,

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saith, that the said bill of complaint is verie vntrue, incertaine, and insufficient in the law to be answered vnto, and the matters therein surmised are enuiously deuised, and vnconcionably contriued, imagined and set forth, onely of purpose to vexe and molest this defendant vniust∣ly, and to put him to great, trauell, expences and charges of suit and that without any iust cause, or good matter, as this defendant hopeth he shall proue vnto this honorable court, neuerthelesse, the aduantage of exception to the insufficiency, and vncertaintie of the sat•• bill of com∣plaint, and all other aduantages to this defendant, at all times hereaf∣ter saued, the said defendant for answere vnto the said bill of complaint saith, that he doth not certainly know, neither is he as he thinketh, com∣pelable to take notice, whether one H. S. in the bill named, being about the moneth of Aprill, in the yeare of our Lord God 1590. lawfully pos∣sessed of sixe score and one Ewes, and sixe score and one Lambes, as of his owne proper goods, did sell the same vnto the said complainant for the summe of fiftie pounds, as in the said bill is supposed, or whether the said complainant being lawfully possessed of the said sheepe, as of his owne proper goods by force of such bargaine, there were anie such agreement betweene the said complainant, and the said S. and one G. C. of A. in the Countie of Y. for the deliuerie of the said sheepe to the said G. to be safely kept to the complainants vse, and to be deliue∣red to the complainant at his dwelling house in H. in the Countie of L. as in the said bill is suggested, this defendant as he thinketh is not bound now to take notice, being then a stranger thereunto, or whether the said G. C. vpon the former part of the insufficient consideration grounded vpon the premisses, or for, in, or vpon the latter, being a lame blanke and imperfect, or rather no consideration, there naming nihil omnino to be by the said complainant paied vnto the said G. C. did as∣sume and faithfully promise vnto the complainant safely to keepe and deliuer the said sheepe, as in in the said bill is alleaged, but this defen∣dant saith, that if the assumption be grounded vpon any good conside∣ration, then the complainant might haue his remedie at the common law, if he had any iust cause. And therefore this defendant, as he thin∣keth, might verie well demurre in lawe vpon the said bill, and demaund iudgement, if he shall be by this honorable court compellable to an∣swere the complainant any further. Neuerthelesse, for as much as this defendant hopeth that the said complainant shall neuer be able to proue his subtill supposed suggestions in the said bill set forth, and alleaged, For further answere vnto the said bill, saith, that true it is, that the said G. C. in the said bill mentioned, made his last Will and Testament in writing, and thereof constituted this defendant his executor, and died, without that, that the said G. C. in his life time, imagining, and fra••∣dulently

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intending the said complainant in that behalfe craftily and subtilly to defraud and deceiue, did not onely, not deliuer vnto the said complainant the said sheepe, nor any of them according to his said faith∣ful promise and assumption, but contrariwise did take & conuert a great part of them to his owne proper vse, selling some of them to diuers per∣sons to the said complainant vnknowen, for diuers summes of money, conuerting the same to his vse, and killing sundrie others of them in his house, and died possessed of the residue of the said sheepe, as in the said Bill is vntruely and vncharitably alleaged against the said G. C. being now dead. For this defendant verely doth thinke, and imagine in his conscience, if such s••eepe were deliuered to the saide G. C. to be kept and deliuered as is aforesaid, that then the said G. did in his life time well and truely deliuer the aforesaide sheepe accordingly: without that that after the death and departure of the foresaid G. C. the possession of the said residue of the saide sixe score and one Ewes, and sixe score and one Lambes, being about the full number of foure score Ewes, and three score Lambes worth thirtie pound and aboue, came to the handes and possession of the saide R. C. now defendant, who imagining, and fraudulently intending the said complainant in that behalfe craftily and subtilly of the said sheepe to defraud, and de∣ceiue, hath in like manner solde most part of the said Ewes and Lambs so come to his hands and possession, to sundrie persons to the said com∣plainant vnknowen, for diuers summes of money betweene them there∣fore agreed vpon, and the money thereof arising, hath conuerted to his onely vse and behoofe, as in the said bill of complaint is very falsly sur∣mised, set forth, and alleaged. And without that, that any other matter or thing in the said bill materiall, to be answered vnto, and in this an∣swere not sufficiently answered, confessed, and auoided, trauersed, or de∣nied, is true. All which matters, &c. and praieth, &c.

The Replication of W. P. Complainant to the aunswere of R. C. Defendant.

THe said complainant for replication saith in all and euery thing* 9.26 [unspec A] and things, as he in the said bill of complaint hath said, and doth and will auerre, iustifie, maintaine, and proue his said bill of complaint, in all and euery matter, thing and things therein contained to be good, iust and true, certaine, and sufficient in the law to be answered vnto by the said defendant in such manner and forme as they be in the same most truely set forth and declared, and not enuiously deuised, nor vnconscio∣nably contriued, imagined, and set forth, onely of purpose to vexe and molest this defendant vniustly. And to put him to great trauell, expen∣ces and charges of suit, and that without any iust cause, or good matter

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as in the said answere, it is by the said defendant vntruely surmised. And this complainant further saith, that the said answere of the said defen∣dant is verie incertaine, vntrue and insufficient in the law to be replied vnto by this complainant, for diuers apparant faults and imperfections therein contained. And namely in this, that the said complainant, be∣ing in, and by the said bil of complaint, charged to haue had in his hands and possession, diuers of the said sheepe, in the said bill mentioned, doth in in his said answere neither confesse nor denie the hauing thereof, as by the said answere it appeareth, so that in reason he ought to be com∣pelled by the order of this honorable Court, to make a better and more certaine and perfect answere vnto the said bill of complaint, Neuerthe∣lesse this defendant sauing vnto himselfe, at all times hereafter, all ad∣uantage of exceptions to the manifest incertainty and insufficiency of the said answere for further replication therunto, Also further saith, that the said consideration in the said bill of complaint contained, is very suf∣ficient to maintaine the said suit in this honorable Court, Albeit that no other thing had been departed with, on the part of this complainant, but onely the credite and deliuery of the said sheepe, vnto the handes of the said G. C. and yet this complainant hopeth to proue, that there was gi∣uen vnto the saide G. C. for and on the behalfe of the saide com∣plainant, very good matter of consideration for keeping and con∣ueying of the said sheepe, as in the said bill is alleaged. And further this repliant doth, & wil also auerre and proue, that diuers of the saide sheepe since the death of the said G. C. haue come to the hands and possession of the said complainant, which haue bin vnlawfully conuerted to his owne vse, against all right, equity, and good conscience, without that, that any other matter, thing or things, clause, sentence, article, or allegation in the said answere contained materiall or effectuall in the law, to be re∣plied vnto by this complainant, and not herein before in this his repli∣cation sufficiently replied vnto, confessed and auoided, denied or trauer∣sed is true. All which matters this complainant is ready to auerre and proue as this honorable Court shall award. And praieth as he in his said bill hath praied.

A Bill for a debt vpon a contract without witnesses.

IN most humble wise complaining sheweth vnto your honor, your* 9.27 [unspec A] poore and daily Orator T. B. of C. in the countie of Darby Mer∣cer, That were about two yeares now past, one T. G. of B. in the Countie of Y. gentleman, bought of your said Orator, xii. yeardes of li••nen cloth, price, xxii. s̄. and diuers other wares and marchandices, a∣mounting in the whole to the value of xx. markes or thereabout, for pai∣ment whereof the said T. G. earnestly required your said Orator to for∣beare him the said T. G. for the space of a moneth or there abouts, then

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next following, And for that the said T. G. did then faithfully assume and promise to pay the said debt, vnto your said Orator at the said mo∣nethes ende, your said Orator trusting to his bare promise, deliuered vnto the said T. G. the said cloth, wares and marchandises, without taking any specialty or other security for paiment of the aforesaid mo∣ney, Now so it is, if it may please your honorable L. that the said G. T. perceiuing that your said Orator can by no order of the common lawes of this Realme recouer the said money for want of specialtie or wit∣nesses to proue the said assumption and contract, being very lately by your said Orator, requested to pay the said money according to his said promise, yet neuertheles the said T. G. hath plainely affirmed and an∣swered, that your said Orator shall not haue anie peny thereof, which if it should so passe without reliefe to your Orator herein, would turne to the great impouerishment and damage of your said Orator, who hath ouer many such debtors. In consideration whereof the premisses ten∣derly considered, and forasmuch as your said Orator is without all re∣medie for the recouerie of the same by the strict order of the common lawes of this Realme, for want of specialtie or witnesse, as aforesaid. May it therefore please &c.

The Answere, and demurrer of the same.

THe said defendant saith, that the said bill of complaint is very vn∣certaine,* 9.28 [unspec A] vntrue and insufficient in the law to be answered vnto by this defendant, for diuers apparant matters and causes therein con∣tained, deuised and exhibited into this honorable Court, as this def. ve∣rely thinketh by the sinister aduise and perswasion of N. C. Atturney at the common law, of malice and euill will, to thintent to put this de∣fendant to vniust trouble and vexation, That he the said N. C. may thereby gaine, by solliciting of this said matter in this honorable court, and not vpon anie iust cause so to doe. And further saith the said def. That if the said matters mentioned in the said bill of complaint were true, as they be not indeed, yet were the same determinable and to be determined, at, and by the common lawes of this Realme, and not by this honorable Court, whereunto this defendant praieth to be dis∣missed with his reasonable costes and charges wrongfully sustained hereabouts. Neuerthelesse if he this defendant be compelled by this honorable court to make any further answere vnto the said incertainty, vntrue and insufficient bill of complaint, Then (and not other∣waies) thaduantage of exception, to the manifest incertainty and in∣sufficiency of the said bill of complaint to this defendant alwaies saued. For further aunswere thereunto, and for a full and plaine declaration of the truth touching the materiall contents of the said bill

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of complaint (if any such be) he this defendant saith. That true it is indeed, that about three yeares now last past, This said defendant or some of his seruants to his vse, did receiue of this complainant xii. yards of linnen cloth, halfe an ell of cloth, one quarter and a halfe of cloth, and two scaines of threed which he thinketh to be parcell of the said wares in the said bill mentioned, and supposed to be bought by this defendant of the said complainant, which said wares were so receiued by this defendant or to his vse, as is aforesaid, to thintent that this de∣fendant should pay to the said complainant, so much money for the same as should be reasonably agreed vpon by this defendant, and the saide complainant, which said bargaine and agreement, this defendant is, and euer hitherto hath beene readie to haue performed, without that, that the said defendant about two yeares now last past, did buy of the said complainant, the said twelue yardes of linnen cloth, at, and for the said price of xxii. s̄. or the said halfe elle of other cloth for the said price of ii. s̄. viii. d . or the said quarter and a halfe of other cloth, and two scaines of threed for the said price of xviii. d . for he this defendant saith, that he and this complainant did neuer to his remembrance agree to a∣nie certaine price for the said wares, as in the said bill of complaint is vntruly alleaged. And without that, that he this defendant did euer buy of this complainant, the said ten yards of beluet, or any part ther∣of, or any other wares or marchandices amounting in the whole to twentie markes, or for the paiment thereof, euer required the said com∣plainant to for be are him the said defendant, for the space of one moneth then next following, as in the saide bill is wrongfully alleaged. And without that, that he this defendant did faithfully assent and promise to pay the said debt vnto the said complainant at the said monethes ende, Or that the said complainant, trusting the bare promise of this defen∣dant, deliuered vnto him this defendant, the said cloth, wares, veluet, and marchandise, as in the said bill is vntruly alleaged. And without that, that he this defendant perceiuing that this complainant can by no order of the common lawes of this Realme, recouer any part of the said money, for want of specialtie or witnesse to prone the said supposed as∣sumption and contract, hath plainely affirmed, that he the said com∣plainant shall not haue one penny thereof in such manner and forme, as in the saie bill of complaint is most vntruely and slaunderously al∣leaged, without that, that any other matter &c. thing, things, clause, sentence, article, or allegation, in the said bill of complaint contayned, materiall or effectuall in the law to be answered vnto by this defen∣dant and not &c.

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A Bill to be discharged of sundrie bondes made by the Plaintife to diuers by the Defendants meanes vpon promise that they should not preiudice them, laying open diuers cunning and lewde practises to circumuent the Plaintife.

HVmbly complaining sheweth vnto your honorable L. your daily [unspec A] * 9.29 Orator I. M. of M. in the Countie of Y. yeoman, that whereas about sixteene yeares now last past, certaine debts, controuersies, suits, and variances did arise betweene one T. L. of E. in the Countie of Y. yeoman, and your said Orator, and certaine other freeholders of the Lordship of Ecclesall aforesaid, concerning the inclosing, vse, possession, and occupation of certaine parcels of wast or common ground called R. in E. aforesaid, wherein your saide Orator and other freeholders, and all those whose estate they then had, and yet haue in certaine lands in the said Lo. by all the time, whereof there is no memory of man to the contrary, haue vsed to haue common of pasture for their beasts and cattel, vpon the said lands leuant and couchantat all times of the yeare, at their wils and pleasures, as vnto their tenements belonging, which parcels of waste ground one N. S. Esquier before that time, had de∣mised vnto the said T. L. for certaine yeares then induring, for pacify∣ing and ending of which said suites and controuersies, and of such suits and controuersies, as were then betweene the said L. and S. touching the same and other things, your said Orator and T. D. and other of the freeholders aforesaid, and the said L. by the meanes and intreatie of the said N. S. about the said time did submit themselues to the order, ar∣bitrement, and award of I. F. R. M. C. W. and E. H. touching the said controuersies, & to the end that the said L. would be contented that the said suites betweene him & the said S. might rather by that means receiue a quiet ende, then by ertremitie of law, there being then great suits betweene the said N. S. and L. which the said L. would not other∣wise compromit, your said orator & the said D. was bound vnto the said L. in one obligation of C. l . & vnto the said N. S. in one other obligation of C. l . for performance of the said award, the said N. S. then promising to your said Orator, that within short time after the making of the said bond vnto him, he would haue cancelled or made voide the saide bond of C. pound, made by them vnto the said N. S. the meaning of which bonde your saide Orator (being a simple vnlearned man) thought to haue reached no further, but to actes to haue bin done by himselfe a∣gainst the said awarde, which he the rather so thought, because the said N. S. tolde him so, or to the effect, and they were onely so agreed to haue the condition thereof made before the making thereof. And the said L. was also bound in an C. l . vnto your said Orator, and the said D

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for the performance of this part of the said awarde, And afterwardes, viz. about the xi. yeare of the raigne of the Queenes Maiestie, that now is, the said arbitrators made an awarde of the premisses, that the said L. should haue inclosed the said grounds, during such terme as he then had therein by the demise of the said N. S. by Indenture with∣out veration of your said Orator the said T. D. and other freeholders of the said Lo. of E. by meanes of which awarde the said L. enioyed the premisses euer since the making thereof accordingly, without any vex∣ation of the said D. or your said Orator, or any other the freeholders of E. aforesaid, vntill such time as the said L. caused the said premisses to be purchased or taken by lease, as lands concealed, and vniustly withhol∣den from her Maiestie, and thereupon caused suites to be commenced against diuers of the said freeholders by information in the Ex. of in∣trusion supposed to be done by them into the said premisses, which suite so long continued, that a verdict and iudgement therein were had for the said freeholders, whereby their title to the said common being then in issue, was specially found as by the recordes thereof remayning in the said court it plainly appeareth, wherupō some of the said freeholders (as this complainant thinketh) entred into the said premisses being vn∣fenced. And thereupon the said L. commenced suite vpon the said bond of an C. l . against your said Orator and the said D. albeit they neuer interrupted his possession in the said premisses, and the said D. and your said orator for their indempnity likewise prosecuted suit vpō their bond of an C. l . because the said L. in his part had not performed the said a∣ward, by meanes whereof your said Orator, and the said D. obtained a verdict and iudgement against the said L. for the said C. l . L. his said suit against them depending vntried, whereupon the said L. seeing how vniustly he had dealt with the said D. and your said Orator about the premisses perceiuing in what ieopardie he stood, and how in equity he ought not to haue recouered any thing against your said Orator and the said D. by his said bond, nor haue had any reliefe for the said C. l . so by them recouered against him, he the said L. moued your said Orator and the said D. by sundrie meanes to come to agreement with him for the said C. l . so recouered against him, whereupon the said D. and your said Orator, intending a generall quietnesse for all bonds and matters concerning the said premisses, at the great and importunate suit of the said L. and by the meditation of certaine honest men their friends, vp∣on the faithfull promise of the said L. that he the said L. woulde war∣rant him your saide Orator against the said N. S. for his said bond of an C. l . alleaging that N. S. had no cause to sue the same, and that if he had, yet because the matter of the said bond principally concerned him the said L. (as it did indeed) that if your said Orator agreed with

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him for the premisses, that then the said N. S. neither could nor would hurt him by reason of his said bond, the said iudgement for the said C. l . was released vnto the said L. by your said Orator hauing none other consideration therefore, then his said promise of quietnes and discharge of the said N. S. his said bond. Neuerthelesse not long after the saide agreement, the said L. perceiuing himselfe to be discharged of the said iudgement, and entending the vtter vndoing of your said Orator, con∣trary to his said promise, practised with the said N. S. touhing the said bond by him and the said D. made vnto the said S. and procured the same to be put in suite against them in the Queenes Maiesties Bench. Albeit the said N. S. had neuer any losse by reason of any act done a∣gainst the said bond to the valew of one penny, since which suit the said N. S. and D. haue secretly growen to agreement betwene themselues, to thintent to lay the whole penalty of the said bond vpon your said O∣rator, Notwithstanding the said faithfull promise of the said N. S. to deliuer in the said bond to be cancelled, and the said L. his promise was to saue your said Orator harmelesse against the said N. S. for the same. Albeit the said N. S. neuer had any losse or hinderance by reason of the premisses, by means of your said Orator, neither was any thing attemp∣ted or done by the said freeholders against the saide L. contrary to the said award, Otherwise then by the consent of the said N. S. who mo∣ued or procured the said freeholders to enter into bond one to another, to heare the charges of suites for the defence of their said title of common in the said seuerall parcels of ground, called R. and T. promising them his aide and furtherance therein, vnto some of which bonds the said N. S. hath subscribed his owne name as a witnesse of the deliuery thereof, which their hard dealings against your said Orator in the premisses, are much against all right, equity, and conscience, and to the vtter impoue∣rishment and vndoing of your said Orator, his poore wife and children, wherefore the premisses graciously considered, and for as much aswell the said premisses and agreements of the said N. S. with your said O∣rator, and the said D. and the said practise had betweene the said N. S. and the said L. to put the said bonde in suite, as also the saide agreement made by the said N. S. and the said D. for staying of his saide suite a∣gainst the said D. and also the said promise or agreement of the said L. to saue your said Orator harmelesse against the said N. S. for the saide bonde was secretly made amongst themselues, & for that your said Ora∣tor trusted that they would faithfully haue performed the same to your said Orator, called no witnes to be present to heare the same promise made, and therefore is not able to produce any witnes to testifie the pre∣misses, nor hath any meanes to proue the same, other then by the aun∣sweres of the said N. S. and T. L. who he verely thinketh will in their

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answeres to the premisses confesse the same: May it therefore please your Lordship, of your accustomed goodnesse, to grant vnto your said Orator the Queenes Maiesties most gratious writ of Subpena, to be directed to the said N. S. and T. L. and to either of them, thereby commaunding them, &c.

A Bill for practising with the plaintifes wife, to receiue of her the plaintifes goods, and for receipt and detaining thereof.

HVmbly complaining sheweth vnto your good Lordship, your dai∣ly [unspec A] * 9.30 Orator L. I. of S, in the Countie of N. Gentleman, That whereas about foure or fiue yeares past, your Orator being possessed of diuers goods, and diuers summes of money, to a great valew, to the ende that C. C. of W. in the said Countie of N. M. his wife, and A their daughter, now the wife of I. P. of H. in the saide Countie yeoman. might the better bring to passe, indirectly to gaine and get into their, or some of their custodies and possession, all, or the most pact of the said money and goods, and by that meanes defraude or defeat your Orator thereof, by continuall and sinister practise, instigation, and perswasion, then allured, prouoked, and intised A. I. deceased, being then your O∣rators wife, to grow to some discord and variance with him, and to es∣loine and conuey into their, or some of their keeping, all or the most part of the said money or goods, promising that the same should be rea∣die, and vsed for her vse and behoofe: Now so it is, if it may please your good Lordship, that by the said lewde and ••ad practises of the said C. M. and A. P. and of diuers other persons by their meanes, whose names your Orator knoweth not, your Orators said wife about foure or fiue yeares since, and at sundrie times before, did with violence breake open some part of your Orators house at S. aforesaid, his chists therebeing locked and did essoine, steale, imbeasill, or conuey away from your Orator, seueral summes of money, and diuers parcels of his goods and household stuffe, aswell in the night season as in the day time, to a very great value, the certainty whereof your Orator knoweth not, but is induced by good reason to beleeue, that it doth amount vnto the sum̄ of one hundred pound at the least, and deliuered, or caused the same to be deliuered vnto the custodie and possession of the said C. C. and M. his wife, or A. their daughter, or of some other person or persons, by their or some of their meanes or consents, whereof your Orator by some good meanes hauing had intelligence, hath sundry times vsed speech and communication with the said C. M. and A. P. touching the same, and in most gentle and friendly manner required to haue the saide money and goods so essoined and imbeasiled, as aforesaid, to be to him restored, or else to haue some recompence for the same, but they haue vtterly re∣fused

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to doe eyther the one or the other, and doe still refuse to doe the same, and do conuert and dispose the said money and goods to their own vses, whereby your Orator shal be vtterly thereof defeated, to his great hinderance and impouerishment, contrarie to all equitie, & good consci∣ence, vnlesse by your Lordships fauor he may be relieued in this most honorable Court. Forasmuch therefore as your Orator knoweth not the names or number of the said confederates, nor the seueral & certaine times wherein the said money and goods were conueyed away from him as aforesaid, nor the quantitie, nature, or valew of them, whereby to make any lawfull demaun••, or to vse any action by the strict course of the common lawes of this Realme, against them the said C. M. and A. P. or any other their confederates, for these great iniuries & wrongs, as aforesaid, but that the trueth and certainty of all these matters doe rest in the priuate and proper notice of the said C. C. and M. his wife, and A. their daughter, or of some one of them, who no doubt, vppon their corporall Oathes will disclose and set downe the trueth and cer∣taintie of all these matters: May it therefore please your honorable Lordship, to grant vnto your Orator, the Queenes Maiesties gratious writ of Subpena, to be directed, &c.

The Answere to the same.

HHe said defendants say, that the said bill of complaint against* 9.31 [unspec A] them exhibited into this honorable Court is very incertaine, vn∣true, and insufficient in the law, to be answered vnto by the said defen∣dants, or any of them, for diuers and sundrie apparant faultes and im∣perfections therein contained and deuised, and exhibited into this hono∣rable Court, partly of malice and euill will, without iust cause concei∣ued against the said C. C. one of these defendants, to the intent thereby to vexe and molest him, and his said wife and daughter, with vniust tra∣uell and expences, but chiefly to the intent and purpose to wearie, im∣pouerish, and terrifie him this defendant with such suites, so that he shal neither be able nor willing to prosecute the law against him the said complainant, for diuers great summes of money which he oweth vnto him the said C. C. this defendant, and vniustly detaineth from him, and not for anie good or iust cause of suite: Neuerthelesse, if by the order of this honorable Court, these defendants shall be inforced to make any further or other answere, to the said incertaine, vntrue, and insuffici∣ent Bill of complaint, then, and not otherwise, all aduantage of ex∣ception, to the manifest incertaintie and insufficiencie of the said Bill of complaint, to these defendants, and euerie of them, at all and euery time and times hereafter saued. For further answere thereunto and for a full and plaine declaration of the truth of the premisses, These defen∣dants

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say, and euery one of them saith, thst neither they, nor any of thens by continuall & sinister practise, instigation, and perswasion, did not at any time allure, prouoke, & intice A. I. deceased, then wife of the said cō∣plainant, to grow to some discord with the said complainant, & to essoine and conuey into their, or any of their keeping, all or any of the said mo∣ney and goods, in the said bill of complaint mentioned, promising that the same should be readie and vsed for her vse & behoofe, to the ende that they these def. or any of thē, might the better bring to passe indirectly to gaine or get into their custody & possession, all, or the most part of the said money & goods, and by that meanes, to defeat and defraud the said complainants thereof, as in the said bill of complaint is very slaunde∣rously, & most vntruly alleaged: And these defendants further say, & eue∣ry of them saith, that the said late wife of the said complainant did neuer with violence breake open some part of the said complainants said house at S. in the said bill mentioned, nor his said chists there being locked, nor did essoine, imbeasill, or conuey away from the said complainant, se∣uerall, or any summe or summes of money, & diuers, or any parcell of his goods, or household stuffe, either in the night season, or in the day time, by the practise of these def. or of any of thē, or of any other person or per∣sons, by their or any of their means, as in the said bil of complaint is like∣wise very malitiously and vntruly surmised, without that, that the said wife of the said complainant euer deliuered, or cause to be deliuered the said money and goods in the said bill of complaint mentioned, or anie part thereof, vnto the custodie, and possession of these defendants, or of some of them, or of any other person or persons, by their, or some of their meanes or consents, as in the said bill of complaint is also vntruely al∣leaged: And without that, that euer there was anie cause why the said complainant did, or should vse any such speach and communication with these defendants, or anie of them touching the premisses, or require to haue the said money and goods supposed to be essoined or imbezeled, to be to him restored, or to haue some recompence for the same, or that these defendants, or anie of them doe conuert and dispose the said money and goods or any part thereof, to their or any of their owne vses, whereby the said complainant shall be vtterly thereof defeated, to his great hin∣derance and impouerishment, contrarie to all right, equitie, and good conscience, as in the sasd bill of complaint is likewise vntruely sugge∣sted: And without that, that any other matter, thing, or things, clause, sentence, article, or allegation, in the said bill of complaint contained, materiall or effectuall in the lawe to be answered vnto, by these defen∣dants, or anie of them, and not here in this their answers sufficiently an∣swered vnto, confessed and auoided, denied or trauersed, is true. All which matters, &c.

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The Replication to the Answere next before.

THe said complainant, for, and by way of replication saith, that his* 9.32 [unspec A] 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 pur∣pose 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 a∣gainst the said complainant, for di••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 con∣uey 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 cō∣plaint is very truly alleaged. And also with that, that the said complai∣nāts wife, did with violēce break open some part of the said cōplainants house at S. in the said bill mentioned, & his said chist there being locked did essoine, steale, imbeasil, & conuey away from the said cōplainant, seue∣rall 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 decla∣red: And with that, that the said complainants wife did deliuer, or cause to be deliuered the said money & goods, in the said bill of cōplaint men∣tioned, 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 cōplai∣nant 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

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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 com∣plaint is likewise most truly alleaged: without that, that any other matter, cause, or thing, materiall or effectuall in the said answeres con∣tained, to be by the said complainant replied vnto, and herein not suf∣ficiently 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 dai∣ly* 9.33 [unspec A] 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 con∣contriuing secret estates thereof.

IN most humble wise sheweth vnto your good L. your daily Orator* 9.34 [unspec A] 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 de∣mesne as of fee taile, to him and to his heires males of his body law∣fully begotten, of, and in one mesuage or tenement with thappurtenan∣ces, 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 begot∣ten, of, and in foure cottages, three closes or pastures, and eight acres of

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arrable land with their appurtenacces, lying and being in W. afore∣said, 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 sin∣guler the premisses, with their and euery of their appurtenances so sei∣sed, as aforesaid, of such estate, died thereof seised, By and after whose death, all and singuler the premisses with their appurtenances, did dis∣cend 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 premis∣ses, & was thereof lawfully seised in his demesne, as of fee taile, to him and the heires males of his body lawfully begotten. And he the said C. so being therof seised, of such an estate died seised, without any issue male of his bodie, By & after whose death, all and singuler the said premisses with their appurtenances, did discend and come vnto your said Orator, as brother & next heire male of the said T. G. But now, so it is, if it may please your good L. that aswel the said deed of intail, & al other the deeds euidences, escripts, writings, & muniments, manifesting, for feiting, de∣fending, & prouing the estate, right, interest, & title of your said orator, of in, & to the said premisses, are by some casuall or sinister meanes comen into the hands, custody or possession of one R. W. & E. his wife T. C. & A. his wife I. D. & I. W. or some of them, who by colour thereof haue entred into the said premisses, & receiued, perceiued, & taken the issues, profits, & commodities thereof, & conuerted the same to their owne pro∣per vses & behoofes, without yeelding any consideration or recompence to your said orator for the same. And yet not so cōtented, but they the said R. E. T. A. I. & I. by colour of hauing the said deeds, euidēces, escripts, writings, & myniments haue not only made great streppe, & wast of the premisses, but also contriued & made to themselues, & to other persons vnknowen to your said orator, diuers & sundry secret estates & conuei∣ances of the premisses to the plaine disinherison of your said orator, con∣trary to all right, equity, & good conscience. And although your said O∣rator hath diuers & sundry times by himselfe & his friends, requested the said R. W. & E. his wife. T. C. & A. his wife, I. D. & I. W. and euery of them to yeeld vp the quiet possession of the premisses, & to deliuer vnto your said Orator the said deeds, euidences, escripts, writings, & muni∣ments, yet they & euery of them, so to do, haue vtterly refused & denied,

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and still do denie and refuse, contrary to all right, equity, & good consci∣ence. In tender consideration whereof, and for asmuch as your said O∣ratr knoweth not the contents nor certaine dates of the said deeds, eui∣dences, escripts, writings, and myniments, nor weather they be contai∣ned in bagge or boxe sealed, in chest, or cubbord locked. And therefore is at, and by the strict course of the common law of this Realme remedi∣lesse for the recouery of the same. May it therefore, &c.

A Bill for deteining of an Indenture of lease for yeares.

HVmbly complaining sheweth vnto your honorable L. your daily* 9.35 [unspec A] Orator I. B. of N. in the parish of A. in the Countie of Y. E∣squier. And T. B. sonne and heire apparant of the said I. That where∣as your said Orator the second day of Iuly, in the eight yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is, did demise and to ferme let vnto one R. M. of B. in the said Countie ye••∣man, all his moitie, or one halfe of his messuage or tenement called D. with all the lands, meadows, closes, pastures, & commons vnto the same belonging or in any wise appertayning, from the feast of Saint M. the Bishop last past, before the date abouesaid, vnto the full end and terme of 18. yeares then next ensuing, fully to be complete & ended. By ver∣tue of which demise aforesaid, R. M. into the mesuage or tenemēt afore∣said, did enter as was lawful for him to do. And now sithēce the making of the lease aforesaid, the said R. M. did often repaire & come to the house of the said I. B. & by that meanes in short time became very familiar with the said I. insomuch that he the said I. being aged, & by reason ther∣of also lieth bedriden, & hath done for the space of many yeares, And fin∣ding the said M. to be very diligent and carefull about him the said I. for the recouery of his health, did so affect the said M. as y^• he did wholly commit the custody & keeping of all his euidences, leases, bonds, & bils, amongst which the counterpaine of the said M. his lease was. And vn∣lesse the said M. together with some of your said Orators seruants haue secretly conuaied & taken it away, as your said Orator doth vehement∣ly suspect, in that he wanteth the same lease: by reason whereof he nei∣ther knoweth what conditions are contained in the same, neither what penaltie, if the rent be behind, or whether there be any distresse for not paiment of the rent, or else whether the lease be vtterly void, if the rent be not paid at a day certaine & what other couenants it containeth for prohibiting of wast to be done, as also for the repairing of the messuage or tenement aforesaid with needfull reparations, with diuers other co∣uenāts to many good purposes specified in y^e same lease. Add for that also y^• the said coūterpain is by some such indirect means as before is aleaged come vnto y^e hands of the said M. as also for that your orator through

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want thereof by the strict course of the common lawes of this land can∣not duely punish the breach of all, or any the couenants therein expres∣sed, which on the said M. his part ought to haue beene performed and kept, for want of the said counterpaine. May it therefore please your good Lordship, &c.

A Bill for money for bording with one, whose Executor the Plain∣tife is.

HVmbly complaining, sheweth vnto your honorable Lordship your* 9.36 [unspec A] daily Orator D. C. of B. in the Countie of D. yeoman, executor of the last Will and Testament of D. C. his father. That whereas a∣bout the first day of Iune, which was in the 18. yeare of the raigne of our most gratious soueraigne Lady the Queenes most excellent Ma∣iestie that now is, one W. S. of M. in the said Countie yeoman, at B. aforesaid, did put himselfe and A. then his wife to borde with the saide D. C. the Testator, and there to remaine so long with the said Tesator as it should please both the said parties, and the said W. S. in conside∣ration there of, there faithfully agreed to pay, and satisfie for the same, vnto the said D. C. the Testator or his executors, during such time as he and his said wife should remaine at borde with the said Testator, so much lawfull English money, as the said bording should be reasonably worth, and at such time as he should be thereunto required. By vertue of which putting to borde, agreement, and faithfull promise, the saide W. and A. his wife, were at borde with the said Testator by the space of three whole yeares, or thereabouts, during all which time the said Testator at his owne costes and charges did finde vnto the said W. and A. conuenient, and necessacie meate, drinke, and lodging, and at sundrie times Hay, and Grasse for the Horses of the said W. which bording, Hay, and Grasse, by the said space of three yeares aforesaid, was reaso∣nably worth fortie pounds at least. Yet the said W. not ignorant of the premisses, nor regarding his said faithfull agreement and promise, but imagining, and fraudulently intending the said D. C. the Testator, and your said Orator his executor in this behalfe, craftily and deceipt∣fully to deceiue and defraud: albeit he hath beene oftentimes thereunto gently required by the said Testator in his life time, and by your saide Orator, his executor, after his death, hath not paid or satisfied any thing vnto the said Testator in his life time, nor vnto your foresaid Orator after his decease for the same bording, meate, drinke, & lodging during the foresaid time, that he and his said wife so remained at borde with the said Testator, according to his said faithfull promise, and agreement, but hath euer hitherto, denied and refused therefore to satisfie and pay the said Testator in his life time, and your said Orator after his death,

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and yet doth denie and refuse to pay and satisfie your said Orator for the same, against all right, equitie, and good conscience, and to the hinde∣rance of the execution of the said last Will and Testament of the said Testator. In tender consideration whereof, and for so much as your said Orator hath none ordinarie remedie to recouer any thing for the said bording, and premisses by the strict course of the common lawes of this our Realme of England, as well for that it was not certainely a∣greed vpon betweene the said W. and the saide Testator, howe much the said W. should yeeld for the same: as also for that the saide Testa∣tor did so much credite the said W. that the said promise and agreement was priuately made betweene themselues, no person being thereunto called that might witnesse the same, so that if happily the said W. will not vpon his oath in his answere hereunto in this honorable Court, con∣fesse the said promise and agreement, as your saide Orator is verely thinketh he will, your said Orator is vtterly destitute of witnesses to make proofe thereof. Albeit that it be most true, that the saide agree∣ment and promise, was made and agreed vpon, as is aforesaid, which your said Orator hath sundrie times heard the said Testator say and declare: May it please your good Lordshippe, to grant vnto your said Orator, &c.

A Bill for not entering into bonde to saue a suretie harmelesse accor∣ding to promise.

IN most humble wise complaining sheweth vnto your Honor, your daily Orator R. P. of W. in the Countie of S. yeoman, That where∣as* 9.37 [unspec A] as one F. L. of S. in the said Countie of S. yeoman, did borow of one A. B. of S. in the said Countie of S. Gentleman, the summe of seuen∣teeue pounds and twelue shillings, of good and lawfull money of Eng∣land, to, and for the onely vse of him the said F. L. and of one R. L. of B. in the said Countie of S. yeoman, kinsman to the foresaid F. L. and for the true discharging and paiment of the foresaide summe of seuenteene pounds, and twelue shillings, because the said R. L. was a man esteemed to be of verie small credit, and altogether vnknowen vn∣to the said A. B. therefore the foresaid R. L. earnestly requested, and desired of your said Orator, being his neere neighbour, and of verie long acquaintance & familiaritie with him to enter into bond with him the said F. L. to the said A. B. for the true payment, and satisfaction of the foresaid sum of seauenteene pounds, and 12. S̄. and if in case your said Orator would enter into bonde for him, then he the said R. L. did faithfully promise, and affirme vnto your said Orator to enter into a counter bond of double value to his bo•••••• vnto your said Orator, to discharge, and faue him harmelesse against the said A. B. his executors and administrators, of, and from all manner of actions, suites, arrestes,

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quarrels, troubles, molestations, and incumbrances whatsoeuer, which should or might arise by reason or meanes of the said obligation: wher∣upon your foresaid Orator (considering the great want and need that the foresaide R. L. did at that time stand in) trusting to his fayre speeches and promisses, after long entreatie and request to him made your said Orator did consent and agree to become bounden with the said F. L. to the foresaid A. B. for the paiment of the said summe of se∣uentie pounds twelue shillings, so that your saide Orator might haue such a counterbond from the said R. L. to discharge & saue him harme∣lesse against the said A. B. for and concerning the said bond, after which time, that is to say, the 25. day of March, in the xxix. yeare of the raigne of our soueraigne Lady the Queenes Maiestie that now is, The saide F. L. and your said Orator by their writing obligatory, did bind the said A. B. in the summr of xl. pound, of good and lawfull money of Eng∣land, vpon this condition indorced vpon the saide writing obligatorie, viz. that if the said F. L. and the said R. P. your said Orator, or eyther of them, their heires, executors, administrators, of them, or any of them did well and truely content and pay vnto the said A. B. his execu∣tors and administrators, the said summe of xvii. l . xii. s̄. of good and lawfull money of England, at, or vpon the xxv. day of March, in the yeare of our Lord God, one thousand fiue hundred eightie and eight, in the Church porch of S. betweene the howers of one and three of the clocke in the after noone of the same day, that then the said writing obligatorie to be void and of no effect, or else to stand in full force and vertue: But so it is right honorable, that the said summe of xvii. l . xii. s̄. was not paide vnto the said. A. B. at the time and place mentioned in the said condition, whereby the said bond of xl. pound, wherein the said F. L. and your said Orator were bounden to the said A. B. was, and yet continueth forfaited, the said A. B. being not paide nor agreed with∣all, by reason whereof, your H. said orator is like to grow to great trou∣ble and suite of law for the said bond: And albeit your honors said O∣rator hath diuers and sundry times sithence the making of the said bond, promise, and assumption, most earnestly requested the saide R. L. to make vnto your honors said Orator a counterbond, for the dischar∣ging and sauing harmelesse of your said Orator, against the said A. B. for, and concerning the said bond, according to his said assumption and promise, yet that so to doe, the said R. L. hath denied and refused euer hi∣therto, and yet doth denie and refuse to do the same, contrary to al right, equitie, and good conscience: In tender consideration whereof, and for asmuch as your said Orator hath no sufficient witnesse and wordes of assumption to maintaine an action vpon this case at the common lawe, meaning nothing but plainely, whereby he is void of all remedy at the

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common law: May it therefore please your honour, the premisses consi∣dered, to grant vnto your said Orator, the Queenes Maiesties most gra∣tious writ of Subpena, to be directed to the said R. L. &c.

A Bill for making false Affidauit for apparance.

IN most humble wise sheweth vnto your good Lordship, your Lo. O∣rator [unspec A] * 9.38 M. F. of L. Gentleman. That whereas vpon suite heretofore and yet depending in this honorable Court, betweene your Lo. saide Orator then plaintife, and one R. A. defendant in the said suit, her Ma∣iesties writ of Subpena was out of this said Court vnto the said R. A. directed, commaunding him thereby at a certaine day therein limitted, to appeare before your Lo. in the said Court, and to answere to your L. said Orator, in, and touching the said suite: Now so it is, and it may please your good Lordship, that the said R. A. not hauing any regard of her Maiesties said processe of Subpena, so to him directed, but seeking deceiptfully and fraudulently to neglect and disobey the same, procured one E. B. his seruant, a very lewde person and fit minister for such a purpose, to come vnto this honorable Court of Chancery, and there most corruptly, falsely, and periuriously, to swere and depose vpon the ho∣ly Euangelist, that the said R. A. at that time was lame and not able to trauell to this Court, without great danger a•• his health, for that the paines of his lamenesse was such, that he was perswaded by his friends to goe to the Bath, being thirtie miles distant from his dwelling house, or thereabouts, and that he was gone to the said place with much a doe, and there remained at the taking of his saide Oath, wherein the said E. B. by the meanes, subornation, and procurement of the said R. A. hath most wickedly committed most willfull and cor∣rupt periurie, Forasmuch as the said R. A. was at that time in very good and perfect health, ability, and soundnesse of bodie, without any man∣ner of lamenesse or debilitie, so as he might haue verie well trauelled without hurt or daunger of his health, and was at that time at C. in the County of L. and not at Bath, as the said E. B. in his said deposi∣tion most vntruely deposed. May it therefore please your good Lord∣ship, &c.

A Bill to be relieued of an Obligation with condition for that the mo∣ney was paide accordingly.

IN most humble wise complaining sheweth vnto your good Lord∣shippe,* 9.39 your daily Orator N. K. of F. in the Councie of D. husband∣man, and I. B of A. in the same Countie husbandman. That where one N. B. of F. in the Countie of S. Gentleman, hauing neede to vse and borrowe money for his necessarie vse, entreated your saide

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Orator to borrow of one M. E. of A. in the said Countie of D. widow, the summe of xx. l . which your said Orator did according to the request of the said N. And for the repayment therof to the said M. your said O∣rator became bound to her the said M. by obligation, in the summe of fortie pounds with condition, for the payment of the said twentie pound at a day now past, which twentie pounds he the said N. hath well and truely contented, satisfied, and paid to the said M. according to the con∣dition aforesaid: Which notwithstanding, so it is if it may please your good Lordship, yet doth the said M. against all good dealing detaine the said obligation in her hands, notwithstanding sundrie requestes made vnto her by your said Orator, for the deliuerie thereof, against all right, equitie, and good conscience, minding as it should seeme to put the same in suite, eyther against your Orator or his executors when opportunity serueth. In tender consideration whereof, and forasmuch as your said Orator hath not any ordinarie remedie by the course of the common law, to compell the said M. to deliuer the said bond, or to can∣cell the same according as in right she ought to doe. May it please your good Lordship to grant, &c.

A Bill for that the Plainiife hath not according to promise, procured an acquittance for rents by him paide to the Defendant by the appoint∣ment of his lessor.

HVmbly complaining sheweth vnto your honorable Lordship, your [unspec A] * 9.40 daily Orator I. M. of M. in the Countie of Yorke yeoman. That whereas about the first yeare of the Raigne of the late King Edward the sixt, one I. M. late father of your said Orator was lawfully seised in his demesne, as of fee, of, and in certaine lands and tenements with the appurtenances in S. and within the parish of S. in the said Coun∣tie, and being thereof so seised, died thereof so seised. By and after whose death the said tenements and premisses with the appurtenances discended and came as of right they ought to discend and come to your said Orator as sonne and next heire of him the said I. M. after whose death your san•• Orator entered into the said tenements and premisses with the appurtenances, and was thereof seised in his demesne as of fee, and being thereof so seised, one mesuage or tenement, one garden, one orchard, one close or croft, therunto adioining, diuers, lands, meadowes and pastures, parcell of the premisses, were assigned to A. M. late wife of the said I. M. deceased for her dower of the said lands of her said husband, by force whereof she was thereof seised in her demesne, as of freehold, and she being thereof so seised, afterwards, that is to say, about the sixt day of Iune, in the fourth and fifth yeare of the Raigne of King Phillip and Queene Marie, by Indenture dated the day and

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yeare abouesaid, granted and to ferme did let vnto your said Orator the said lands, tenements, and premisses, to hold from the date of the said Indenture, vnto the ende and terme of three score yeares, if she should so long liue, reseruing thereupon to her yearely during the said terme of three score yeares, if she so long liue, three pounds of lawfull En∣glish money, which yearely rent of three pounds your said Orator did well and faithfully pay vnto the said A. and her assignes vntill about the tenth yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is, at which time the saide A. did grant and assigne thirtie shillings, yearely, parcell of the said yearely rent of three pounds during her life, to one R. M. of E. in the countie of D. Cutler. And afterwards, that is to say, about the twentith yeare of her Maiesties said Raigne, the said A. for sundrie considrations did appoint the saide R. to receiue the other thirtie shillings yearely, residue of the said year∣ly rent of three pounds to his own vse. And your saide Orator euer since the said grant and appointment hath yearely paide vnto the saide R. as well the said thirtie shillings rent, so to him granted by the said A. as the said other thirtie shillings rent, residue of the said three pound rent. In tender consideration whereof the said R. M. about the first day of Iune last past faithfully promised your said Orator to procure and deliuer vnto him sufficient acquitances of the said A. for all the said rents which the said R. had so, as is aforesaid, receiued of your said O∣rator by the appointment of the said A. And whereas further (if it may please your good Lordship) about the eightenth day of April, in the xxvii yeare of the raigne of the Queenes Maiestie that now is, the said R. M. being indebted to one W. S. of S. in the said Countie Smith, in the summe of fiftie and three shillings and foure pence, of English money, did entreat your said Orator to be suertie for him to the said W. S. for the payment of the said summe of fiftie three shillings foure pence to the said W. S. at the feast of Saint Bart. the Apostle then next ensu∣ing, which your said Orator did accordingly, in consideration thereof, the said R. M. did then assume vpon himselfe, and vnto your said Orator faithfully promise that if he the said R. M. did not well and truely pay vnto the said W. S. the said fiftie three shillings foure pence at the said feast of Saint Bart. That then he the said R. M. woulde sufficien••ly conuey and assure to your said Orator, the said yearely rent of thirtie shillings, to him as aforesaid, granted by the said A. together with the said deed thereof, & afterwards the said R. M. did neither pay to the said W. S. the said summe of fiftie three shillings foure pence, nor any part thereof, at the said feast of Saint Barth. nor at any time since, nor did conuey the said yearely rent of thirtie shillings, or deede thereof to your said Orator according to his said promise. But altogether contrarie

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to his owne promise hath procured the said A. to sue your Orator before the Queenes Maiestie, and her honorable Counsaile, established in the North parts, for xxv. l . x. s̄. as arrerages of the said yearely rent of three pounds, supposing the same to be behinde and vnpaid by the space of eight yeares and a halfe, now last past, notwithstanding that you said Orator hath well and truely paid the same to the said R. M. afore∣said. And the said R. M. although he hath beene often times gently re∣quired by your said Orator aswell to procure him the said acquittance of the said A. for the said rent of three pounds, as to make assurance of the said yearely rent of xxx. shillings, to him by the said A. granted, yet that to doe, he hath euer hither to denied, and refused, and yet doth deny to doe the same, against all right, equitie, and good conscience, and to the great hinderance and losse of your saide Orator. In tender consideration whereof, and for so much as the said agreements, promi∣ses, and paiments of the said rents were priuately made betweene your said Orator, and the said R. M. without any witnesses thereof, for that your said Orator reposed so great trust in the said R. M. being his na∣turall brother, that he called no man to beare witnesse thereof, so that he can haue none ordinarie meanes by the due course of the common lawes of this Realm, but is altogether remedilesse to obtaine or reco∣uer any recompence or damages thereof, vnlesse the same R. M. will confesse the same to be true in his answere hereunto, as your saide Orator verely thinketh that he will. It may therefore, &c.

A Bill for that the defendant, for whom the plaintife was suretie to pay certaine money, did neither pay the said money, nor saue the plain∣tife harmlesse.

HVmbly complaining sheweth vnto your honorable L. your daily [unspec A] * 9.41 Orator H. H. of E. in the Countie of D. yeoman. That where∣as about the viii. day of October, in the xxii. yeare of the Raigne of our Soueraigne Ladie the Queenes most excellent Maiestie that now is, your said Orator, at the earnest request of one H. C. of C. in the said Countie yeoman, and R. C. his sonne, for and with the said H. did enter and become bounden vnto H. S. of E. aforesaid yeoman, in one Obligation or bond of xl. l , of lawfull English money thereupon in∣dorced with Condition, that if the said H. H. and H. C. or either of them, their executors, administrators, or assignes, or any of them, did well and truely pay or cause to be paide, vnto the said H. S. his execu∣tors or assignes, the summe of twentie pounds of lawfull English mo∣ney vpon the ninth day of October, which then should be in the yeare of our Lord God 1581. at the now dwelling house of the saide H. S. in E. aforesaid, that then the said Obligation should be voide and of none

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effect. And the said H. C. and R. C. in consideration thereof, did then and there assume vpon themselues, and vnto your said Orator faithful∣ly promise, that the said H. C. the summe of twentie pound vnto the said H. S. vpon the said ninth day of October in the yeare of our Lord God 1581. would well and truely pay, or cause to e paid, according to the said condition of the said obligation. And that the said H. C. and R. C. would from time to time, and at all times hereafter, saue & keep harme∣lesse, and indempnified your said Orator against the said H. S. of, for and concerning the said bond of fortie pounds, and of, for and concer∣ning all actions, suites, and troubles to be had or commenced against your said Orator, for, or by reason of the saide bond of fortie pounds. And also that they the said H. C. and R. C. would forthwith haue beene bound vnto your said orator by their sufficient obligation in the summe of foure score pounds, for the so sauing harmelesse of your said Orator against the said H. S. as is aforesaid. But now so it is, if it may please your honorable Lordship, that the said H. C. intending your said Orator in this behalfe, craftily and subtilly, to defraud and deceiue, hath ney∣ther paide vnto the said H. S. the said twentie pound the said ninth day of October in the said yeare of our Lord God 1581. according to the effect and meaning of the said condition, nor at any time sithence, nor the said H. C. and R. C. haue become bounden vnto your said Orator in the said Obligation of fourescore pounds, to saue your said Orator harmlesse against the said H. S. as is aforesaid, albeit that your saide Orator hath sundrie times gently required them, and either of them so to doe, the same to doe, haue euer hitherto refused, and yet doe refuse and denie to doe the same against all right, equitie, and good conscience, contrarie to their faithfull promise and assuumption aforesaid, so that your said Orator is likelye verie shortly to be enforced to pay vnto the said H. S. the said twentie pounds, which would be to the great dama∣ges and hinderance of your said Orator, if speedie remedie be not in this behalfe by your good Lordship in due time prouided to preuent the same, wherefore and forasmuch as your said Orator giuing faith and credite to the said promise & assumption of the said H. C. did take their said promise and assumption of them, without calling anie witnesse to them to heare the same, so that your said Orator for want of such wit∣nesses hath no remedie by the common lawes of thsi Realme, nor otherwise to make them performe the same promise and assumption, vnlesse the said H. C. and R. C. doe confesse the same in their answere in this Honorable Court, as your saide Orator verely thinketh they will. May it, &c.

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A Bill for entitling himselfe to the soyle of a common, and for, selling of woods therein growing.

IN most humble wise complaining sheweth and complaineth to your [unspec A] * 9.42 Honor, your daily Orator R. G. Clerke, Prebendarie of the Pre∣bend, commonly called the Prebend of the Ouerhall in Norwell, in the Collegiate Church of Southwell in the Countie of Nott̄. That wher∣as your said Orator was, and is seised in his demesne as of fee, in the right of the said Prebend, of, and in one Manor in Norwell, in the said Countie, whereof certaine wooddy grounds and springes, being most commonly open, and the herbage thereof, taken and vsed as common by the tenants and other inhabitants of the same Manor and Towne of N. aforesaid is parcel. And the tenants and inhabitants of the same Ma∣nor and Towne of N. aforesaid, as tenants of the same Manor, And other tenants and inhabitants within the townes and villages of C. and K. that is to say, by them as Commoners, because of Vicinage, by reason of which said wooddy and spring of grounds, vsed as common, as is aforesaid, part whereof is parcell of the same Manor of N. contay∣ning by estimation twentie acres, extending in length from a certaine Oke tree, being a boundarie Oke betwixt the same and such other like grounds, being parcell of an other Prebend in the Collegiate Church of S. aforesaid, commonly called the Prebend of the Neatherhall or Palacehall in N. aforesaid, and from thence extendeth along, by a place where three trees lately there did grow, commonly called the three bre∣thren, and so from thence along by a Meare, which is as it hath beene an ancient drie ditch cast vp as it were, or had beene a Meare South∣ward betwixt the seuerall Lords and owners of the lands in that place, that is to say, first Eastwardes, betweene the Lord and owners of the same lands, and the Manors and lands of Caunton & Bestthrop, and Westwarde vnto the manor of Kirksall, and from thence downeward West vnto the parke pale of K. and by the same parke pale Northward by a certaine little riuer of water, vnto certaine of the like landes and tenements of the said other manor of P. aforesaid, and so Eastward vp∣ward vnto the foresaid ancient Oke, which said parcell of ground, one R. W. and F. B. Gentlemen, and one R. T. yeoman, pretending to haue seuerall manors in C. aforesaid, And hauing diuers deeds, Char∣ters, euidences, bonndaries, terrars and muniments, concerning the premisses of right belonging to your said Orator, casually or by some sinister meanes come to their hands, doe not onely claime the same to be parcell of their said seueral manors, But also vnder pretence of their said pretended and vncertaine claime, not onely some of them, but also diuers other vnder the colour or permission of some of them hath not,

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and caused to be cut downe the most part of the best trees growing vp∣pon the said parcell of wood ground, as in trueth, all that was felled, did grow there in a corner thereof towards the East part containing like 12. acres, and that in absence of your said Orator, then being, and yet remaining a student in the Vniuersity of Cambridge, that is to say, a fellow of Gunuill and Caius Colledge, and not soe contented, but considering your saide Orators absence, daily and continual∣ly, both continue their former claime to the said ground within the meeres and boundes aforesaid, and so doe cut downe, and cause to be cut downe the residue of the wood there growing, and so will very shortly leaue none there. And also by colour and reason of the said per∣mission, they will shortly by such indirect meanes and practise, winne, and get the freehold, and inheritance thereof to them, as they haue in other the wasts, common, & like grounds, within the Manor, of, or in C. or at the least, haue none able to testifie the contrarie, whereas now in trueth there are diuers and sundry sufficient and ancient witnesses, being very aged, and some of them very impotent, that can and will trauell so farre as they are able to trauell, to testifie vpon their oathes the trueth of the premisses in manner and forme as before in effect is alleaged, and more for the better proofe of your said Orators right, in, and to the said last recited premisses, if cause and neede shall so require, and that the said R. W. F. B. and R. T. vpon their answere vnto the matters in this bill of complaint, will not confesse the trueth therein, as it is most credibly to be presumed they will, and the rather, for that, if they will denie the same, they know in proceeding vpon their answeres to this bill, all the whole trueth concerning the premisses must be exa∣mined by depositions of witnesses, and their depositions, if order presently be not taken of the same, shall and may remaine of record in perpetuam rei memoriam, to doe further therein, as by this honorable Court shall be awarded, wherefore the premisses tenderly considered, and also the incertaintie, whether the said R. W. F. B. and R. T. or any of them will confesse the whole trueth, concerning the right and title of your foresaid Orator to the same, And the wrong and damage by them, and other by their meanes and consent to him done. And if they should not, the vncertainty whether that the foresaid ancient, aged and impotent persons, or any of them that now be liuing, and can testifie the trueth concerning the same shall be liuing when the same shal come in triall, at, or by the course of the common lawes, to whom the right of the freehold, and inheritance thereof doth of right belong, ouer and be∣sides the impotency, that they or most of them may haue at such time and times, to trauel to witnesse & testifie che trueth concerning the pre∣misses, with this, that your said Orator doth not know the certaine date

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or dates of the said deeds, charters, euidences, boundaries, terrers, mini∣ments, or wherein the same be contained, whether in bagge, or boxe, sealed, or locked, or otherwise, and so without remedy for the recouery of the same, and redresse for the wrong aboue said, at, or by order of the common lawes of this Realme. It may therefore &c.

A Bill against the executors ▪or that the Testator did not deliuer speci∣alties paid, whereupon they threaten to sue the Plaintife.

IN most humble wise complaining, sheweth to your good Lordship [unspec A] * 9.43 your poore and daily Orator G. N. of T. in the Countie of D. yeo∣man, that whereas your said Orator about the moneth of Ianuary, in the xxx. yeare of the Raigne of our Soneraigne Lady Elizabeth, the Queenes Maiestie that now is, by his seuerall bodds, or writings ob∣ligatory became bonnd to one N. D. now deceased, for the paiment of seuerall summes of money vnto the said N. All which said summes of money, and euery parcell thereof your said Orator hath truely satisfied and paid to the said N. D. in his life time, according to the purport and effect of the said seuerall bondes and writings obligatorie, not taking any of the specialties, or any acquittance or discharge from the said N. D. for the same, but onely trusted the wordes of the said N. D. who faithfully promised your said Orator to sende the same specialties to your said Orators house, at Totley aforesaid, or sufficient acquittance for the same. But now so it is, if it may please your good Lordshippe, that since the death of the said N. D. the saide obligations and writings obligatory are come to the handes and possession of N. C. of S. in the Countie of Yorke. yeoman, and T. C. of S. aforesaid yeoman, who by colour of hauing thereof, haue nowe of late in their owne names as executors to A. D. late wife of the said N. D. and cxe∣cutrix of the last Will and Testament of the same N. commenced suit in her Maiesties Court of common Plees at Westminster, against your Lordships said poore Orator, vpon one of the said obligatious or wri∣tings obligatory of the summe of xii. pounds or thereabouts, indorced with condition for the payment of sixe pounds, at a day mentioned in the same condition, and doe threaten to put the residue of the said speci∣alties in suite against your said Orator, meaning, and intending there∣by to recouer against your said Orator the penalties of the said seuerall obligations, and writings, who hath already paide the principall and due debts of the said N. D. in his life time as aforesaid, which is con∣trarie to all right, equity, and good conscience: in codsideration where∣of, and for as much your Lordships said Orator hath not any witnesses now liuing, that can testifie the paiment of any of the saide summes of money, or any part or parcell thereof, and therefore can not plead any

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matter in barre at the common law to the said actions alreadie com∣menced by the said C. and C. whereby your said Orator, by the strict course of the common lawes of this Realme is altogether remedilesse, vnlesse your Lordships accustomed goodnesse be to your said poore O∣rator extended. May it therefore please your good Lordship, &c.

A Bill against executors vpon a priuate promise made by their testator, retayning an Atturney to prosecute and defend suits, for himselfe, and others, alleaging that the executors haue wasted the Testators goods &c.

HVmbly complaining, sheweth vnto your honorable Lordship your [unspec A] * 9.44 daily Orator W. W. of F. in the County of Y. gentleman, one of the Atturneies of the Queenes Maiesties Court of common Plees, before her Highnesse Iustices, to be holden of the same Court, that whereas one I. M. of T. neere N. in the County of Nottingham Es∣quier deceased, in his life time, that is to say, about y^• terme of the holy Trinity, which was in the yeare of o••r Lord God 1586. did retaine the said W. W. to be of councell with him the said F. M. to prosecute and defend duers and sundry suites, plees, and businesses to be done, and had in the said Court of common plees, as well for the said F. M. as for di∣uers others, his then seruants, and bailifes, and tenants, and namely for the said I. M. against R. E. in a writ of Repleuin for three Kine of the said R. supposed to be vniustly taken and detained by the said I. M. And for the said I. M. against H. T. in a Repleuin of the said H. for sixe Oxen supposed to be taken, & vniustly detained by the said I. M. And for the said I. M. against I. H. in a Repleuin for two Kine of the said I. H. supposed to be taken & vniustly detained by the said I. M. And for the said I. M. against E. S. in a Repleuin of certaine cattell of the said E. supposed to be taken, & vniustly detained by the said I. M. And for R. R. and W. S. against R. L. for three Oxen of the said R. H. supposed to be taken and vniustly detained by the said R. R. and W. S. And for I. S. and R. S. against H. T. alias W. in a Repeuin, for certaine beasts of the said H. S. supposed to be taken & vniustly detained by the said I. S. and R. S. And for R. R. and W. S. against R. H. in a Repleuin of diuers beasts of the said R. H. supposed to be taken & vniustly detained by the said R. R. & W. S. And for I. S. & T. W. against T. E. in a Repleuin of certaine beasts of the said T. E. supposed to be taken & vniustly detai∣ned by the said I. & T. W. And for the said I. S. and T. W. against the said R. E. in an other repleuin of certaine beasts of the said R. E. sup∣posed to be taken & vniustly detained by the said I. S. & T. W. taking for his fee & labour for euery one of the said plees & busines so as is said in the same court by him to be prosecuted and defended for euery terme

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in which your said Orator should so be Atturney for him or them or any of them, 3. s̄. 4. d . And besides that fee, all reasonable costes, and expen∣ces about the prosecution of the same suites, plees, and businesses, as for the writing of writs, sealing of them, and drawing and entring of plees and warrants of atturney, and also for all other things in that behalfe, by him your said Orator be laid forth and expended, and in consideration thereof, he the said F. M. did about the same time, assume vpon himselfe, and vnto your said Orator faithfully promise, well and truely to con∣tent, satisfie, and pay vnto the said orator whensoeuer he should be there∣unto required by your said orator aswel the said fee of 3. s̄. 4. d . for euery of the said suits, plees, & businesses so to be prosecuted, as also all the said costs, and expences, so as is aforesaid, to be laid forth in that behalse: by reason of which reteiner & promise, so as is aforesaid made, your said O∣rator was of counsaile with the said I. M. and the said other persons in the said suits, & plees in the said court, by the space of 8 seueral termes next ensuing the said retainer, & during the said time, did prosecute and sue for & defend diuers suits & writs, aswell iudiciall as originall as by the records thereof remaining in the said court appeareth, by reason wherof your Orator fees for the prosecution, and defending of the saide suits, or plees by the said time did amount vnto 10. l . or there abouts, be∣sides the costs & expences laid out by him in the same, which costs & ex∣pences laid out by your Lordships said orator, did amoūt vnto 8. l . 19. s̄. 9. d . which were behind, & vnpaid vnto your said orator by means wher∣of action accrued vnto your said Orator to demaund and haue of the said I. M. in his life time the said summe of 18. l . 19. s̄. & 9. d . and of the said A. M. vnto whom the administration of all the goods & chattels which the foresaid I. M. had at the the time of his death were after his death lawfully committed, yet therfore the said I. M. in his life time the said summe of 18. l . 19. s̄. & 9. d . nor any peny therof though often times in his life time therunto by your said Orator required, or the said A. M. his administrator after his death, notwithstanding that the goods & chattels which were the said I. M. be sufficient for the paiment of the said 18. l . 19. s̄. 9. d . vnto your said Orator, and of all other debtes which the saide I. M. ought to haue paid, did come to the possession of the said A. M. and still remaine in the possession of her the said A. M. or of such person and persons, vnto whom she hath yeelded, left, or deliuered the same, not∣withstanding that she hath sundry times since the death of the said I. M. bin gently required by your said Orator to pay to him the same 18. l . 19. s̄. 9. d . or any part thereof, hath not yet paid and contented, but the same to content and pay hath euer hitherto denied and refused, and the said A. doth yet denie and refuse to pay the same, thereof intending vt∣terly to defraud and deceiue your said Orator against all right, equity,

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and good conscience, notwithstanding also that she the said A. M. hath her selfe at sundrie times heard the said I. M. in his life time promise that he would pay vnto your said Orator all such summes of money, as were behinde vnto your said Orator, and notwithstanding also, that she well knoweth, that the foresaid summe of 18. l . 19. s̄. 9. d . due vnto your said Orator by the aforesaid I. M. in his life, by reason that she hath seene, and hath a perticular bill thereof, which was sent and deli∣uered to him in his life time by your said Orator, and notwithstanding also, that she her selfe since the death of the said I. M. did assume, & faith∣fully promise to pay vnto your foresaid orator, all such mony as was due vnto him at the said time of his death, if she the said A. M. did take vp∣pon her the administration of his goods, and chattels, which she hath done as is said. All which things she the said A. hath done partly by her owne iniurious minde, but chiefly by the wicked and sinfull perswasi∣on of R. M. gentleman her sonne, by whose counsaile and perswasion she hath closely and secretly conueyed away a great part of the saide goods being of verie great value, to diuers places and persons, to your said Orator vtterly vnknowen, and left the same out of the Inuento∣rie of the said I. M. his said goods which she hath exhibited: and also hath caused such goods and chattels, as be mentioned in the said In∣uentorie, to be praised much vnder the value thereof, and a great part thereof to be set downe therein so confusedly, and inconueniently, that it cannot well be knowen, either what they be, or of what value. And furthermore she the said A. by the like sinister counsaile, and perswasion hath consented and caused one H. B. and T. C. and diuers other per∣sons being her especiall friends couenously to commence diuers and sundrie fraudulent actions of debts, and executions, against her as ad∣ministratrix of, and to the same I. M. suffering her selfe therein to be conuicted and condemned, though in verie trueth either nothing or ve∣rie little was due vnto them, and in a manner nothing at all taken of her by them, by vertue of the said actions, and executions, to the intent thereby to das••e the eies of your Orator, and of other the creditors of the said I. M. not knowing the trueth of the same vngodly deuises, in∣tending by such meanes to defraud and defeat, your said Orator, and the rest of his said creditors, of the most part of their seuerall debts, which their vnlawfull practises, are like to be to the great losse and hinderance of your said Orator, if speedie remedie be not by your good Lordships meanes prouided, to meete with and preuent the saide vnconcionable and vniust dealing in the premisses, for that the promises and assumpti∣ons of the said I. M. and A. M. were made secretly and priuately vnto your said orator, nor persons being present with thē at the making of the said seuerall promises, nor anie man liuing which can testifie the same, so

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that your said Orator for want of such proofe thereof, as is requisite by the strict course of the common lawes of this Realme, is altogether re∣mediles, if it be not by thorder of this honorable court, wherein your L. said Orator hopeth, & verily thinketh, that she the said A. M. in her aun∣swere to the premisses, vpon her corporall oath will confesse the same, to be in effect, as it is herin set forth & disclosed: May it therfore please &c.

A Bill for diuers Euidences.

HVmbly complaining sheweth vnto your Lordship, G. Earle of. S [unspec A] * 9.45 That whereas the said Earle is lawfully seised in his demesne as of fee, of, and in the manor of S. in the County of Y. and in the hundred of S. with thappurtenances in the County of D. and of and in the castle and manor of S. with thappurtenances in the Connty of Y. and of the castle & manor of B. in the County of D. and of, and in the castle & ma∣nor, and hundred of B. in the County of D. with thappurtenances, and of, and in diuers mesuages, lands, tenements, hereditaments, franchises and liberties, to the said seuerall manors & hundreds belonging: Now so it is, if it may please your good Lordship, that diuers and sundry court∣roles, charters, euidences, exemplifications of records, extracts, terrers, pleadings, writings, and muniments, concerning the said seuerall ma∣nors, hundreds, and premisses with thappurtenances, & of right belon∣ging vnto the said Earle, and whereby the said Earle should make his title vnto the said manors, hundreds, liberties, and premisses with thap∣purtenances, or to the most part thereof, are by casual meanes come vn∣to the hands, custodie, and possession of one N. C. of S. in the County of D. And albeit that the said Earle hath sundry times sent vnto the said N. C. gently requiring him to deliuer vnto the said Earle the said court rolles, charters, euidences, exemplifications of recordes, extractes, plea∣dings, writings, and muniments, yet that to do, the said N. hath euer hitherto vtterly denied, & yet doth deny to do the same, against all right, equity, and good conscience: In tender consideration whereof, and for so much as the said Earle knoweth not the certaine dates, and other the certainties of the said deeds, charters, euidences, exemplifications &c. neither wherein they, or any of them be contained, & therefore haue not any ordinary remedy by the common lawes of this Realme, to recouer the same deeds, euidences &c. or any of them, and wanting the same deeds, &c. is in daunger to loose many franchises, liberties, and commo∣dities belonging to the said seuerall manors, hundreds, and premisses: May it therefore please your honorable Lordship, to graunt vnto the said Earle, the Queenes Maiesties most gratious writ of Subpena, to be vnto him directed, commaunding him to appeare before your honorable Lordship in her Maiesties high Court of Chancery, &c.

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A Bill for not making of an assurance of landes according to a couenant alleaging the Indenture thereof, to be come to the defendants handes, and that some of the defendants were within age at the making of the same Indenture.

COmplaining sheweth vnto your honorable Lordship, Gilb. Earle [unspec A] * 9.46 of S. sonne and heire of the right honorable George late Earle of S. deceased, and administrator of the goods and chattels which were the late Earles at the time of his death, That whereas about the mo∣neth of September, which was in the two & thirtieth yere of the raigne of the Queenes most excellent Maiestie that now is, one R. E. of H. in the County of D. gentleman, was seised in his demesne as of fee, of, and in one Annuitie or yearely rent charge of twentie pounds by the yeare, issuing and going forth of certaine landes in B. in the said Countie of D. and of, and in one other Annuitie or yearely rent charge of fortie markers by the yeare, issuing and going forth of certaine landes and te∣nements in B. aforesaid. And where also he then had to him and his heires, to thuse of him and his heires for euer, by conneiance from one P. B. Esquier, one melting house and certaine ground then lately v∣sed to the same. And where further the said R. E. by conueyance from the said P. B. then had to him and his heires for euer, the Tyeth of the Corne and Hey renewing, comming, or growing within B. aforesaid, or else where within the seuerall parishes of D. or S. or eyther of them, in the said County of D. And where also one T. E. sonne & heire apparant of the said R. E. then also had by conueiāce from the said P. B. to chuse of the said T. E. and his heires for euer, diuers and sundry lands, tene∣ments, & hereditaments with thappurten••••••ces in B. aforesaid. And where also one G. E. second sonne of the said R. E. then had by conuey∣ance from the said P. B. vnto the vse of the said G. E. his heires and as∣signes for euer, the manor of B. with thappurtenances, & diuers lands, tenements, & hereditaments with thappurtenances, as by seuerall con∣ueyances of the said seuerall tenements, things, & premisses, to the said R. T. and G. before that time seuerally made appeareth: by force wherof they were thereof lawfully seised seuerally in their seueral demesnes, as of fee, And being thereof so seised, they the said R. E. T. E. & G. E. for a certaine summe of money to them well & truly paid by the said late E. and for other consideratiōs them then especially mouing, by Indenture hearing date, in or about the said moneth of Sept. in the xxxii. yeare a∣boue said, made betweene them on the one party, and the said G. late Earle of S. on the other party, did fully, freely, and absolutely alien, grant, borgaine, & sell vnto the said G. late Earle of S. his heires & as∣signes for euer, the said manor of B. with al his rights, mēbers & appur∣tenances

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in the said Countie of D. And all & singuler mesuages, tofts, cotages, houses, &c. to the said Manor of B. belonging, or in any wise appertaining, And all other the mesuages, lands, tenements, rents, re∣uersions, seruices, and hereditaments of the said R. T. and G. E. and of euerie of them, whatsoeuer, scituate, lying &c. Together withall the re∣uersion and reuersions, remainder and remainders, of all and singuler the premisses, and euerie part thereof with thappurtenances, and all e∣state, right, title, interest, claime, vse, possession, and demaund, of them the said R. E. T. E. and G. E. and of euerie of them whatsoeuer, of, in, and to the said Manor, mesuages, landes, tenements, hereditaments, and other the premisses before mentioned, and of, in, and to euery part thereof: Excepting and for prising one grant made by the said P. B. to the said R. his heires and assignes for euer, of common of pasture for all &c. To haue and to hold the said Manor, lands, tenements, and premis∣ses with thappurtenances, (except before excepted) vnto the said G. late Earle of S. his heires and assignes for euer, to the onely vse of him the said late Earle, his heires and assignes for euer: And in considera∣tion of the premisses the said late Earle by the said Indenture of bar∣gaine and sale, did grant vnto the said R. E. his heires and assignes for euer, to the onely vse of the said R. his heires and assignes for euer, one Annuitie or yeareiy rent charge of one hundred pounds, of lawfull En∣glish money, to be issuing and going out of all and singuler the said ma∣nor, lands, tenenmets, and premisses, (except before excepted) and ex∣cept such lands, tenemēts, & hereditaments as were then assured or con∣ueyed for the Iointure of the right Honorable Elizabeth then, and yet Countesse of S. to be paide at the feast of S. Michaell the archangell, and the Annunciation of the virgin Marie, by euen portions, or to this or the like effect and meaning, as in, and by the said Indenture of bar∣gaine and sale amongst other things plainely appeareth, the precise con∣tents whereof, this complainant cannot more certainely set downe, for want of the said Indenture. And whereas also (as this complainant hath heard) it was in, and by the said Indenture of bargaine and sale couenanted and granted on the part of the said R. E. T. E. and G. E. to and with the said G. late Earle of S. this complainants said late Fa∣ther, his heires and assignes, and euery of them, that they the said R. E. T. E. and G. E. their heires and assignes, and euery of them, other then such person and persons for the time being, whose estates and interests are in the same indenture excepted, their executors, administrators, and assignes, and euerie of them, in respect onely of the same estates and in∣terestes so excepted, and euerie of them, should and would at all times hereafter, for, and during the space of certaine yeares, next ensuing the date of the said Indenture of bargaine and sale, now almost ended and

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expired, at, and vpon the lawfull and reasonable request, and at the costs and charges in the law of the said late Earle, his heires or assignes, or some of them do make and knowledge, and suffer, cause, and procure to be done, made, and knowledged, all and euerie such further, lawfull, and reasonable act and actes, thing and things, deuise and deuises in the law whatsoeuer, for the further and more better assurance, suretie, and sure making and conueying of the said Manor of B. and the mesuages, lands, tenements, and premisses with thappurtenances, in the said In∣denture mencioned to be bargained and sold, (except before therein ex∣cepted vnto the said late Earle, his heires and assignes, to the onely vse and behoofe of the said Earle, his heires and assignes for euer, according to the true intent and meaning of the said Indenture, were it by fine, feoffement, recouerie, deed, or deeds inrolled, the inrolement of the said Indentures, release, confirmation with ioynt or senerall warranty of the said R. E. T. E. and G. E. their, and euerie of their heires against them the said R. E. T. E. & G. E. their, and euery of their heires and as∣signes, & euerie of thē▪ & against all and euerie other person and persons whatsoeuer claiming, in, by frō, or vnder them, or any of thē or otherwise with like warranty, or without warranty as by the said Earle, his heires or assignes, or his or their counsell learned in the lawes, should be deuised, aduised, and required, so as none of the said actes or things concerning the said further assurance should stretch or extend to any other or further warranty or warranties o•• the premisses, or any part thereof, then as is before expressed, or to that effect and meaning, as in the same Inden∣ture of bargaine and sale appeareth: But now so it is if it may please your honorable Lordship, that at the time of the making of the said In∣denture of bargaine and sale vnto the said late Earle, the said T. E. and G. E. were within and vnder the age of one and twentie years: And shortly after the making of the said Indenture, and before the same was either knowledged or inrolled, or any estate executed thereupon, by Atturnement, Liuerie of seisin, or otherwise, that is to say: vpon, or about the seuenteenth day of Nouember, next ensuing the making of the said Indenture, the said G. late Earle of S. died, by, and after whose death, the right to haue and inherite the said Manors, lands, te∣nements, and premisses with the appurtenances, discended and came, as of right the same ought to discend and come vnto this complainant, as his eldest sonne & next heire, shortly after whose death, the administra∣tion of all the goods and chattels of the said G. late Earle of S. was by the right Reuerend father in God, I. by the prouidence of God, Archbishop of Canterbury, Primate & Metropolitaine of all England, committed to this complainant now Earle of S. who administred the said goods & chattels accordingly. And further so it is, if it may please

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your good Lordship, that the part or counterpaine of the said Inden∣ture of bargaine and sale belonging to the said late Earle, is since the death of the said late Earle by casuall meanes comen to the handes, cu∣stodie, and possession of the said R. E. T. E. and G. E. or of some of them, or of some other person by their priuity and consent, the full contents whereof are vtterly vnknowen to this complainant, by colour whereof and for that the said T. E. and G. E. were so, as is aforesaid, within age at the making of the said Indenture, they the said R. E. T. E. and G. E. hauing a great desire to haue the said manors, lands, tenements, and bargained premisses, and thereof to disinherite and defeat this com∣plainant, contrary to the true intent and meaning of the said Inden∣ture: Notwithstanding that this complainant hath yearely sithence the making of the said Indenture, well & truely satisfied and paid vnto the said R. E. the said Annuity or yearly rent charge of 100. pounds, by the yeare, in the said Indenture mentioned, according to the te∣nor, forme, and effect of the same Indenture, (as this complainant ve∣rely thinketh.) And notwithstanding that this complainant hath sun∣drie times, aswell by himselfe, as by diuers others of his seruantes and friends in his behalfe, sent and come vnto the said R. E. T. E. and G. E. gently requiring them, and euery of them, to redeliuer vnto your said Orator, the said part or Counterpaine of the said Indenture of bargaine and sale of the premisses, And also to make vnto him this complainant and his heires, further conueyance and assurance of the said manor, tenements, and premisses, by fine to be leuied before the Iustices of the common Plees at Westminster, and for that purpose in the terme of Saint Hillarie, which was in the foure and thirtieth yeare of the Queenes Maiesties Raigne that now is, at Westminster in the Countie of Middlesex, this complainant required the said R. and T. according to the tenour, true intent, and meaning of the said In∣denture of bargaine and sale thereof, to come before Sir E. A. knight, then, and yet chiefe Iustice of her Maiesties Court of common Plees at Westminster, to make cognisance before the same E. A. Knight, of the said manor, tenements, and premisses with thappurtenances, in forme of Lawe, that a fine thereupon might haue beene leuied, to the vse of this complainant, and his heires for euer, yet that to doe, they and euery of them haue euer hitherto refused and denied, and yet doe denie and refuse to doe the same, contrarie to the forme and true meaning of the couenants and agreements in the said Inden∣ture of bargaine and saile thereof conteyned, and against all right, equity, and good conscience, and to the manifest defeating and disinheri∣ting of him this complainant, of, and in the said manor, landes, tene∣nements, and premisses, and contrary to the true intent and mea∣ning

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of the same Indenture of bargaine and sale thereof, except spee∣die remedie be in due time prouided to preuent the same. Wherefore the premisses considered, and for so much as the said complainant not knowing the certaine deate and contents, and other certainties of the said part or Counterpaine of the said Indenture of bargaine and sale, nor wherein the same is contained, whether in bagge, boxe, or chest loc∣ked, sealed, or otherwise, and so hath none ordinary remedy by the due course of the common lawes of this Realme, for the recouery thereof. And without the same Indenture hath no direct action by the common lawes of this Realme to compell the said R. E. T. E. and G. E. or any of them to assure vnto him this complainant, the said manor, lands, te∣nements, and premisses, according to the said bargaine thereof, for lacke of the said Indenture, both partes thereof being come to the hands of the said defendants. Neither if this complainant had the said part or Counterpaine of the said Indenture (as he hath not) yet had he not thereby any meanes by the common lawes of this Realme, to compell the said T. E. and G. E. or either of them to performe the bargaine and couenants therein contained, they the said T. and G. being as is afore∣said, vnder the age of one and twenty yeares, at the time of the ma∣king thereof, It may please your honorable Lordship, the premisses, considered, to grant vnto him this complainant, the Queenes Maie∣sties 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 be∣fore 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 me∣moriam.

HVmbly complaining sheweth vnto your good Lordshippe your [unspec A] * 9.47 poore and distressed orator G. W. of N. in the County of N. yeoman. That whereas W. W. deceased father vnto your said O∣rator 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, & here∣ditaments in N. aforesaid. And also whereas the said W. W. deceased

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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 ly∣ing 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 tene∣ments 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 fore∣said 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 fa∣ther 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 fa∣ther as is aforesaid, and did take the administration of all your said O∣rators 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 ac∣customed

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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 vndi∣rect practise vsed as aforesaid, in concealing, cancelling, and relinqui∣shing the said last Will, as aforesaid, doth greatly depend vpon the wit∣nesse 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 testi∣fying of the trueth, touching the premisses, as by common order ap∣pertaineth. And also for that in time the said witnesses may die, and by meanes thereof your said Orator may be in danger to sustaine disin∣herison 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 Ora∣tor [unspec A] * 9.48 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 belon∣ging, 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. afore∣said 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 Whit∣sontide 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 que∣stionable, and likely to grow to some charges in law to your said Ora∣tor 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 rent accordingly vnto him the said K. after which lease and bond so made, as aforesaid, and also immediatly after your said Orators entrie into the same, the title thereof was so defended against your said Orator, by such as claimed the same against him the saide K. as that the charges thereof spent about the recouering thereof, did stand your said Orator in aboue twenty nobles, besides the great trauaile and losse of time that your said Orator sustained thereby, being yet altogether vnrecompen∣ced at the said K. hands, although he often promised to haue some con∣sideration

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thereof towards your said Orator. And whereas also since and immediatly after that time, he the said I. K. likewise in the right of his said wife pretended to haue right vnto certaine copihold lands lying in the parish of E. aforesaid, then being in the occupation of your said Orator and other persons, for the triall whereof, there being certaine actions depending in the copihold Court at Southwell, it was not∣withstanding before the triall thereof, aswell by the consent of the said K. of the one party, as also by the assent of your said Orator, & the defen∣dant on the other party, referred to the order and arbitrement of one P. K. and I. B. Esquires, that they should order and determine, aswell the right, as the possession of the said copiholde landes so then in question, which said P. K. and I. B. Esquires, being willing the controuersies, might haue a good and finall end, and yet themselues hauing then no good opportunity to attend the same, did therefore entreate aswell the said I. K. as also your said Orator and the other, that it might stande with their likings, that one M. C. and H. W. of M. for that they were beter acquainted with the interest of both the parties, might therefore order and make an ende thereof in all points, as should seeme good vn∣to them, whereunto aswell the said K. as also your said Orator, with the rest agreed, promising to performe any such order as they the said C. and W. should in that behalfe make and agree vpon: Whereupon the said M. C. and the said H. W. taking vpon them the said arbitre∣ment, did thus, or to rhe like effect, order, agree, and publish their or∣der and award, that your said Orator should stil enioy and continue his possession of the said copihold lands, for, and during so long time as the wife of the said K. should liue, paying yearely for the said copihold land vnto the said K. foure shillings rent, and for that he the said K. receiued also an other rent of xx. shillings by the yeare, at two seuerall times of your said Orator, for the freehold land aforesaid, they the said arbitra∣tors, for the more ease and certainty of him the said K. did further or∣der and appoint, that your said Orator should also pay the said foure shillings rent for the copihold land, at the same time that the other rent for the freehold was vsed to be paid, which was at Whitsontide and Martinmas, so that from thenceforth, he your said Orator should year∣ly pay at the daies aforesaid, the whole and intire summe of xii. shillings at euery of the said feasts. And also for that the said arbitrators did well foresee, that the said intire payment of xii. shillings at one day and in∣stant, could not conueniently be paide on the seuerall landes, out of the which they in trueth and law were seuerally issuing, for that the saide freehold and copihold land be distant in seuerall places, therefore the said Arbitrators, for the more ease and certainetie of him the said K. did order and appoint, that your said Orator should yearely at the daies

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aforesaid, or within xiiii. daies after euery of them, pay the said rent of xii. shillings at the house of one W. W. of M. being a friends house of him the said K. and also farre neerer vnto the said K. his dwellings, then the land it selfe is, vnto which said order and Arbitrement, he the said K. together with your said Orator did willingly agree and condis∣cend: And so for the space of seuen or eight yeares last past, the said K. hath alwaies receiued his rent, accordingly, at the house of the said W. W. of M. aforesaid: Notwithstanding so it is if it may please your good Lordship, that the said I. K. meaning as it seemeth, not onely con∣trary to the said order and award, but also contrary to all right, equitie, and good conscience, subtilly and extreamely to take aduantage of your said Orators bond of xx. pound, hath refused to receiue your said Ora∣tors last Whitsontides rent, readie for him at the said W. house in M. aforesaid, according to the said order and award therein made, as afore∣said: May it therefore please your good &c.

A Bill for payment for cattell sold, without present money, or especialities, by reason of trust reposed in the vendee.

HVmbly complaining sheweth vnto your good L. your daily Ora∣tor [unspec A] * 9.49 W. B. of B. in the county of N. Butcher, That where as your said Orator about sixe or seuen yeares now last, sold and deliuered vnto one R. W. of the same Towne and Countie Butcher, sixe Steares, and fiue Oren, being all fat cattell, for the price of xl. l . and x. s̄. which said summe of xl. l . and x. s̄. the said R. W. then faithfully promised to pay vnto your said Orator within a short space then after, and now long sithence past, or else when your said Orator would require & demaunde the same of him the said R. W. of which said bargaine and security for the said money, your said Orator was then the lesse carefull, for that your said Orator not long before, had been seruant vnto the said R. W. and for that the said W. had been master vnto your said Orator, there∣fore your said Orator did trust him the said W. so well, as that he nei∣ther tooke any specialty or security of him the said W. for the said sum of xl. l . & x. s̄. nor prouided any witnesses to be presēt & to testify the same bargaine & cōtract betwixt them, but only priuatly betwixt themselues contracted the same. And like wise your said Orator priuatly deliuered the said sixe Steares & fiue Oren, vnto him the said R. W. vpon trust, and performance of his priuate speech, & promise of paiment thereof as aforesaid, whereupon the said R. W. then presently receiued the said six Steares and fiue Oren, at your said Orators hands, & did presently af∣terwards conuert the same to his owne proper vse and benefit: before the money paid by him the said W. vnto your said Orator for the same, &c. May it therefore please your honorable Lordship, &c.

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A Reioinder.

THe said defendant reioyneth and saith in all and euery thing and [unspec A] * 9.50 things, as he in his said answere hath made, and doth and will a∣uerre, iustifie, maintaine, and proue the same answere, and all and eue∣ry thing and things, clause, sentence, article, and allegation therein contained, to be good, iust, and true, certaine, and sufficient in the law to be replied vnto, in such sort, manner, and forme, as the same beene therein most truly set forth and declared. And this defendant further saith, that the said Replication of the said complainant is very incer∣tain, vntrue, & insufficient in the law to be reioyned vnto by this defen∣dant, for diuers apparant faults & imperfections, therin contained. And y^• the same is so contriued & made, by the said cōplainant for the causes in the said answere expressed, and to the end to giue some further colour, or rather shadow for the maintenance of the said bill without cause in this hnorable court, to the vniust vexation of this defendāt, as may appeare, for that, she the said complainant, by the sinister meanes of one T. Y. who as it is said, procureth and soliciteth the same suit for the said com∣plainant against this defendant, hath without all order, as he is infor∣med, caused him being a plaine simple vnlearned man, to become boun∣den by obligation, for the proceeding in the said suit of this defen∣dant and with such condition whereof this defendant is vtter∣ly ignorant, of all which this defendant hopeth this honorable Court will haue due consideration for the punishing of such lewde and indirect courses and actions therein vsed. And without that, that any other matter, thing or things, clause, sentence, article, or allegation in the said replication contained materiall or effectuall in the lawe to be reioyned vnto by this defendant, & not here in this his reioinder suffici∣ently reioined vnto, confessed, and auoided, denied, or trauersed, is true. All which matters this defendant is readie to auerre, and proue as this honorable Court shall award, and therefore praieth as he before in his said answere hath praied.

A Bill vpon putting one to seruice with promise that the seruant shall serue truely, and that the defendant will satisfie all damages, which shall happen to the Maister by the same seruant, &c.

HVmbly complaining sheweth vnto your honorable Lordship C. T [unspec A] * 9.51 of the town of M. in the County of N. gentleman, That whereas S. N. daughter of A. S. of the Towne of A. in the Countie of Yorke, about two yeares now last past, being desirous to serue your said Ora∣tor, and his wife then dwelling at Rotheram, at an Inne there, called the signe of the Angell in the said Countie of Yorke, was entertained into their seruice at, and vpon the further entreatie of the said S. A. and

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vpon her faithfull promise vnto the said Orator then ginen, and made, that the said M. her daughter should during the time of ther seruice and abode with your said Orator, houestly, faithfully, and truely behaeu her selfe and serue your said Orator and his wife, in all lawfull businesse, and that if any losse or preiudice should befall vnto your said Orator through either negligence, default, or abuse of the foresaid M. in any respect, that then the said A. would vpon notice to her giuen in that be∣halfe by your said Orator of such losse and detriment in that behalfe su∣stained, satisfie and recompence your said Orator for the same to the vt∣termost value thereof. By reason whereof your foresaid Orator enter∣tained and receiued the foresaid M. into his seruice, as is aforesaid. And thereupon the wife of your said Orator deliuered vnto the said M. to her onely charge and custodie, many and sundry parcels of plate, linnen, and also other necessarie things, for your foresaid Orators behalfe. In which said seruice the said M. remained with your said Orator by the space of one whole yeare then next following. Now so it is, if it may please your said honorable Lordship, during the time of the abode of the foresaid M. in seruice with your said Orator as is aforesaid, The foresaid M. did not onely secretly and priuily deliuer vnto the foresaid A. S. her mother, diuers of the said parcels of plate, linnen, and other vtensils of your said Orators, to the full value of twentie markes, or thereabouts, to, and for the vse and behalfe of the said A. But also du∣ring the said time, conuerted sundrie other parcels of goods, and sums of money receiued of guestes that resorted to the said house, appertai∣ning to your said Orator, vnto the onely vse and benefit of the said M. her selfe. By meanes whereof your said Orator was greatly preiudi∣ced, and hindred to his losse of 30. or 40. pounds, or thereabouts, vpon which occasions your said Orator was enforced to put the said M. forth of his seruice. And although your said Orator hath diuerse and sundrie times heretofore notified, & made knowen vnto the said ••. the losse and hinderance, by her sustained, as is aforesaid, by & through the negligence default, and abuse of the said M. as is aforesaid, and hath required re∣compence and satisfaction for the said goods so deliuered and conuerted to the vse of the said A. and M. as is aforesaid, according to the promise of the said A. made to your said Orator vpon the entertaining of the said M. into his seruice as is aforesaid, yet the said A. the same to doe hath heretofore refused and denied, and still doth refuse & denie to do, contra∣rie to her promise & assumption aforesaid, & against all right, equity and conscience. In consideration whereof, and forasmuch as your said Ora∣tor is not able to make any due proofe, neither of the certainty or quan∣tity of the plate, linnen, and other goods so secretly deliuered to the said A. by M. during the time of her seruice, as is aforesaide, or of the saide

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other goods, conuerted by the said M. to her own vse, as if aforesaid, nor of the promise made by the said A. vnto your said Orator vpon the retai∣ning of y^• said M. into his seruice as is aforesaid, by reason the same was in secret betwene thèselues without calling any other to witnes y^• same, whereby your saidorator, by the strict rule and course of the common lawes of this Realme, hath no ordinarie meanes for recouery of the same, but onely by suite before your honorable Lordship in the Queens Maiesties high Court of Chancery, by the oathes of the said A. and M. in whose priuities all the premisses principally lie and whom your O∣rator thinketh vpon their said oathes, wil reueile and manifest the truth, and circ*mstance of the same, the premisses considered, May it there∣fore please your good Lordship to grant vnto your said Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the said A. and M. and either of them, commaunding them thereby, not onely to appeare before your honor in the Queenes Maiesties high Court of Chancerie, at a certaine day, and vnder a certaine paine there∣in to be limitted and assessed, then and there to answere to the said pre∣misses, But also to stand to, and abide such further order and direction therein, as to your H. wisedome shall be thought fit and conuenient, and your said Orator shall daily pray vnto God for the long continuance of your H. in health and prosperitie.

The ioint and seuerall answeres, of A. S. and M. S. defendants to the bill of complaint of C. T. complainant.

THe said defendants say, and either of them, for himselfe seuerally [unspec A] * 9.52 saith, that the said bil of complaint against them exhibited into this honorable court, is very vncertaine, vntrue, and insufficient in the lawe to be answered vnto by the said defendants, or either of them, for diuers manifest and apparant faults and imperfections therein contained, and deuised, and exhibited into this honorable court of meere mallice and en∣uie, onely to the intent, not onely to vere and trouble the defendants, be∣ing verie vnable and vnmete vpon the sudden with long and tedious ior∣neis to make their personall appara••ces in this H. court, being aboue one hundred and twenty miles distant from the to 〈◊〉〈◊〉 of a. in the coun∣trie of Y. where these defendants now dwell, but also to wearie the de∣fendants in such sort, that they might extort & wring from these defen∣dants some consideration for the stay of the foresaid suit, be it neuer so vntrue, & without any iust cause or colour of cause so to do, neuertheles if these defendants shal by y^• order of this honorable court he compelled to make any further, or other answer to the said vncertain, & insufficient bil of complaint, then the aduantage of exception to the manifest incertain∣tie and in••sufficiencie of the same bill of complaint to these defendants,

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and either of them at all times hereafter saued, for answere thereunto, and for a manifest declaration of the trueth, touching the contents of the same bill, these defendants say, and either of them, for himselfe seueral∣ly saith, that about the time mentioned in the said bill of complaint, the said M. St. the other of these defendants was entertained to serue the said complainant & his wife for the terme of one yeare next ensuing the time of such her reteiner, for xvi. s̄. wages for the same yeare, without the knowledge of the said A. St. the other of these defendants, vntil that she the said M. was so with them retained. And these defendants fur∣ther say, that by vertue of the same retainer, the said M. did honestly, faithfully, and truely behaue her selfe, & did serue the said complainant and his said wife in all lawfull busines accordingly, during all the said yeare, and that to her knowledge no losse nor preiudice did be fall vnto the said complainant through the negligence, default or abuse of the said M. in any respect during the same yeare. And that in the ende thereof she departed from them with their fauour & goodwill, at her owne re∣quest, without that, that she the said M. was entertained in their said seruice, at & vpon the entreatie of the said A. S. and vpon her faithfull promise vnto the said complainant then giuen & made, that the said M. her said daughter should during the time of her seruice & abode with the said complainant honestly, faithfully, & truely behaue her selfe, seruing him and his said wife in all lawfull businesses, and that if any losse or preiudice should befall vnto the said complainant through the negligēce or abuse of her the said M. in any respect, that then she the said A. St. vpon notice to her giuen by the said complainant of such losse and detriment in that behalfe sustained, would satisfie and recompence the said complainant, for the same to the vttermost value thereof, or that by reason thereof the same complainant entertained and re∣ceiued M. in his saide seruice, as in the saide bill it is vntruely al∣leaged. And the said defenda••ts further say, that albeit she the said A. S. had made vnto t••e said complainant any such promise as he in his bill of complaint supposeth (as in very trueth she did not) yet were the same promise voide in law, and of n•• validitie or force to bind her there∣by, for that the said a. at the time of the said surmised promise was co∣uert with I. S. her husband. And without that, that vpon such promise the said wife of the saide cōplainant deliuered vnto y^• said M. to her charge and custodie many parcels of linnen, and other necessarie things, and furniture for the said complainant his behalfe in any other maner then, as to euery other ordinarie seruant in the same house in the like case, without taking vpon her any speciall charge for the keeping thereof, as in the said bill of complaint it is verie vntruely alleaged, and with∣out that, that during the same time of the saide abode of her the

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said M. in seruice with the said complainant, as aforesaid, the said M. did either secretly deliuer vnto the said A. S. her said mother diuers or any of the said parcels of plate, linnen, and other goods, for the vse and behoofe of the said A. S. or during the said terme conuerted sundrie or anie other parcels of goods and summes of money receiued of guestes that resorted to the said house, appertaining to the said complainant, vn∣to the vse and benefit of the said M. her selfe, by meanes whereof the said complainant was greatly preiudiced and hindered, to the losse of 30. or 40. l . or thereabouts, or that vpon such occasions the said com∣plainant was enforced to put the said M. from his seruice, for that the said complamant hath diuerse and sundrie times heretofore notified and made known vnto the said A. the losse & hurt he sustained, as is aforesaid by, & through the negligence, default, & abuse of the said M. as is afore∣said, and required recompence and satisfaction for the said goods so sup∣posed to the deliuered, and conuerted to the vse of the said A. and M. as is aforesaid, as in the said bill of complaint is most vntruly alleaged. And without that, that any other matter, thing, or things, clause, sentence, article, or allegation in the said bill of complaint contained materiall, or effectual, in the law to be answered vnto by these defendāts, or either of them, and not herein in their answere sufficiently answered vnto, con∣fessed, and auoided, denied, or trauecsed, is true, all which matters these defendants and either of them, are readie to auerre and proue as this honorable Court shal award, and therefore they pray to be dismissed out of the same court, with their reasonable costs and charges in this behalf wrongfully and without cause sustained.

The Replication to the same Answere.

THe said complainant sauing to himselfe all aduantages of excepti∣on [unspec A] * 9.53 to the incertainties and insufficiency of the said defendants an∣sweres, for replication saith as he before by his said bil hath said, and doth, and▪ wil auerre, iustifie, and maintaine his said bill, & all and euerie thing and things therein contained to be good, iust, and true in such sort manner and forme, as in and by the same is most truely set forth and de∣clared. And that the answeres of the said defendants are vncertaine, vntrue, and insufficiēt in the law to be replied vnto for diuers vntruths and imperfections therein conteined, without that, that the said M. one of the said defendants did honestly, faithfully, and truely behaue her selfe in the seruice of the said complainant as by the same defendants in their said aunsweres is vntruely alleaged, for this saide complainant saith, as he before by his saide Bill hath said, that the said M. one of the saide defendantes did secretly deliuer to the saide A. the other defendant diuers parcels of the goods of the saide complainant, that

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the said defendants most wrongfully detaine and withhold from him the said complainant against right and equitie, and further the said complainant saith, and will auerre and proue, that the said A. one of the said defendants, did giue her faithfull promise to satisfie and pay vn∣to the said complainant the vttermost value of euery losse, or hinde∣rance the said complainant should sustaine by the said M. as by his bill is most truly set forth & declared, without that, that any other mat∣ter, or thing in the said defendants answere contained materiall or ef∣fectuall, to be replied vnto, in, and hereby not sufficiently replied vnto is true. All which matters the said complainant is readie to auerre and proue, as this honorable court shall award. And praieth as he before by his said bill hath praied.

A Bill for entring into and detaining copihold lands sold by the defendant to the plaintifes grandfather, which descended to the plaintife being an infant, the said entrie being made by reason that the copy and court rolle of the said bargaine came to the defendants hands.

HVmbly complaining▪ sheweth vnto your Lordship, your daily O∣rator [unspec A] * 9.54 F. H. of W. in the countie of Yorke gentleman, that where∣as about the xxiiii. day of September in the third yeare of the raigne of the late King of famous memory Edward the sixt, one Christopher Baxter late of F. in the said Countie husbandman, was lawfully and rightfully seised in his demesne as of fee, as a copiholder, according to the custome of the Manor of the prebend of Laghton, it the said Coun∣tie, of and in one customarie messuage or tenement, and one oxgange of land, with thappurtenances in F. aforesaid: and in another messuage or tenement, and thirtie acres and a halfe of land with thappurtenan∣ces in F. aforesaid, and he being thereof so seised about the time afore∣said, for a certaine great summe of money to him paid by F. H. of W. aforesaid, grandfather of your said Orator did surrender according to the custome of the said Manor, the said customarie tenements and pre∣misses with thappurtenances into the hands of the then Lords of the said Manor, to the vse of the said F. H. the grandfather & his heires for euer, by force whereof the said F. H. the grandfather was thereof ad∣mitted tenant accordingly, and was of the same, as a copiholder lawful∣ly seised in his demesne as of fee, by, and according to the custome of the said Manor, and the rents, issues and profits thereof arising and grow∣ing, did likewise lawfully take & conuert to his owne vse, vy the space of diuers yeares, and afterwards the said F. H. the grandfather being thereof so seised of the said tenements and premisses, died thereof so seised, about the second yeare of the raigne of the Queenes most excel∣lent Maiestie that now is. By and after whose death the said tene∣ments

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and premisses discended and came, and of right ought to discend and come vnto your said Orator being then of very young and tender yeares, viz. about the age of sixe yeares, as next cosin & next heire vnto the said F. H. the grandfather, that is to say, sonn of T. H. sonne & heire of the said F. H. the grandfather, but now so it is, if it may please your good L. that after the death of the said F. H. the grandfather, all the co∣pies of Court rols of the said manor, and the very Court rols themsel•••••• concerning the premisses, did by casuall meanes come vnto the handes, custody, & possession of the said C. B. & one T. G. of T. in the said coun∣ty husbandman, or to the hands of one of them, which they or the one of them haue cancelled & defaced, intending thereby vtterly to disinherite your said Orator of the same tenements & premisses, & by colour therof shortly after the death of the said F. H. the grandfather, y^• said C. B. old wrongfully abate and enter into the said tenements and premisses. And euer since his said wrongfull entre, that is to say, by the space of xxiiii. yeares or thereabouts, hath wrongfully occupied the premisses or the most part therof, and receiued and taken, and conuerted to his owne vse, the rents, issues, and profits of the said tenements & premisses, and will not by any meanes permit or suffer your said Orator to enter, meddle, or haue to do therewith. And notwhithstanding that your said Orator not onely by himselfe, but also by his friends, hath in gentle and quiet manner, diuerse times come vnto the said C. & T. gently requiring thē to deliuer vnto him your said orator, y^• said copies of court rols, & to make reasonable recompence & satisfaction vnto him your said Orator for the rents, issues, & profits of the said tenements & premisses, so as is afore∣said by the said C. wrongfully receiued according to your said Orator his good right & title therunto, yet that to do, they & either of them haue euer hitherto refused & denied, & yet do refuse and denie to doe the same against all right, equity, and good conscience, and to the disinherison of your said orator, of, & in the premisses, & to his great losse & hinderance, if speedy remedy be not by your good Lordship in this honorable court speedily prouided to preuent the same. In tender consideration wherof, and for so much as your said Orator, not knowing the certain number, dates, or contents of the said copies and Court rols, nor wherein they or any of them be conteined, in bagge, bore, or chest, locked, sealed or open, is therefore without all remedy by the due course of the common lawes of this Realme to recouer the same, and for lacke thereof your said O∣rator is very like to lose the said tenements and premisses, and for that also, that the contents of the said bargaine and surrender of the said te∣nements and premisses, so as is aforesaid, made betweene the said F. H. grandfather, and the said C. B. cannot now otherwise be proued then by answere of the said C. B. and T. B. made vpon their Dathes in this

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honorable Court, all such persons as were witnesses of the same bar∣gaine, being now either dead, or else vtterly vnknowen vnto your said Orator being so young, as it is aforesaid, at the time of the making of the same. May it please your honorable Lordship to grant vnto your said Orator the Queenes Maiesties most gratious writ of Subpena, to be directed vnto the said C. and T. straightly commaunding them and either of them, at a certaine day and vnder a certaine paine therein to be limited, to appeare before your Lordship in her Maiesties high court of Chancery, then and there to answere to the premisses, and to abide such order and direction therein, as to your Lordship shal seeme to stand with right, equitie, and good conscience, and your said Orator shall daily pray to Almightie God for your honour in good health long to continue, &c.

A Bill by the husband and wife, as Gardeins to her childe for eui∣dences.

IN most humble wise complaining sheweth vnto your good Lordship. [unspec A] * 9.55 your poore and daily Orator I. W. of B. in the Countie of D. yeo∣man, and I. his wife late the wife of I. S. the elder of B. afore∣said yeoman now deceased. That where the said I. S. in his life time was lawfully seised in his demesne, as of fee, of, and in one messuage or tenement, commonly called H. & of and, in certaine lands, meadow and pasture, and other hereditaments with thappurtenances to the said tene∣ment belonging, and with the same vsually occupied, scituate, lying and being in B. aforesaid. And he the said I. S. being of the premisses so seised did in his life time conuey and assure the same vnto certaine per∣sons, and their heires, to the vse of the said I. and of the said I. then his wife, and of the longer liuer of them, without impeachment of waste. And after their diseases, to the vse of the heires of their two bodies law∣fully begotten, with diuers remainders ouer, by force whereof the said I. S. and the said I. then his wife, were thereof seised accordingly, And so seised, the said I. S. about three yeares now last past, died seised of such estate, as aforesaid, hauing issue betweene him and the said I. one I. S. an infant of the age of two yeares or therabouts. After whose death the said I held her selfe in the said messuages and lands, and was thereof seised accordingly. And so seised tooke to husband the said I. W. the other of your said Orators, by force of which entermariage the said I. W. and the said I. were lawfully seised of the premisses, as in the right of the said I. And your said Orators haue also the custody of the said I. S. the infant, rightly belonging to the said I. his mother as gardeine in Socage. Now so it is, if it may please your good Lord∣shippe, that certaine deedes, euidences, and writings, touching

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and concerning the premisses, and of right belonging to your said O∣rators, and the said infant, or to the one of them, are casually come to to the hands and possessions of T. C. of B. aforesaid, and I. S. of H. being kinsman vnto the said I. S. of B. the elder deceased, who by co∣lour of hauing the said deeds, euidences, and writings, haue wrongful∣ly entred into the premisses with thappurtenances, and thereupon haue contriued certain secret estates vnto diuers persons vnknowen to your said Orators, and by colour thereof, they the said T. C. and I. S. of H. or the one of them of late time hath wrongfully entred into the pre∣misses, and hath receiued and taken the issues and profits of the premis∣ses, or some part thereof, from your said Orators, and although your said Orators haue diuers and sundrie times gently requested the saide T. C. and I. S. of H. to permit and suffer your said Orators quietly to haue and enioy the same premisses, and to deliuer vnto your said O∣rators the said deeds, euidences, and writings, touching and concer∣ning the premisses, and which of right doe belong and appertaine vnto your said Orators, and to the said I. S. the infant, yet they the same to doe haue hitherto refused, and yet doe refuse contrarie to all right, e∣quity, and good conscience, which is likely to turne, not only to the losse and hinderance of your said Orators, But also to the preiudice and dis∣inheritance of the said infant, if speedie redresse herein be not had by your good Lordship, in consideration whereof, and forasmuch as your said Orators doe not know the certaintie, nor certaine number of the said deedes, euidences, writings, nor whether the same be contained in bagge or boxe, sealed, or in chest locked, and so your said Orators, and the said infant are without any ordinary remedie for the recouerie of the same by the common lawes of this Realme, And for that your said O∣rators do hope that the same C. and S. will vpon their Oathes in this honorable Court, confesse the certainty and truety therein, where the said euidences are to be had, or to whom they haue deliuered the same. May it therefore please your good Lordship, the premisses considered, to grant vnto your said Orators the Queenes Maiesties, &c.

The Answere of the same.

THe said defendants say, and euery of them seuerally saith, that the [unspec A] * 9.56 said bill of complaint is verie vncertaine, vntrue and insufficient in the law, to be answered vnto for diuers manifest defaults and imper∣fections therein contained, and framed, and exhibited into this honora∣ble Court, as these defendants verely thinke of malice and euill will, to the intent to put these defendants to great trauaile, charges and expen∣ces to make their personall appearance in this honorable Court, the said defendants dwelling in B. aforesaid, in the saide countie of D. which is sixscore miles distant from the Citie of Westminster, and

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without any iust cause so to doe, and these defendants further say, that if the surmised matters contained in the said bil of complaint were true as in very trueth they are not, yet were the same determinable, and to be determined by the common lawes of this Realme, and not in this honorable Court, whereunto these defendants pray to be dismissed with their reasonable costes, charges, and damages in this behalfe wrong∣fully and without iust cause sustained, yet neuerthelesse, if these defen∣dants shall be compelled by the order of this Court, to make any fur∣ther or other answere vnto the said vncertaine and insufficient bill of complaint, then the aduantage of exception to the incertaintie and in∣sufficiencie thereof to these defendants, and either of them at all times here after saued, for further answere thereunto, and for a full and plaine declaration of the trueth, say that they thinke it is true, that the said I. S. was in his life time lawfully seised in his demesne as of fee, of, and in the said messuage or teuements commonly called the H. and of, and in certaine lands, meadow, and pasture, and other hereditaments with the appurtenances to the said tenements belonging, and with the same vsually occupied, scituate, lying, and being in B. aforesaid, as in the said bil of complaint is alleaged, but the said defendāts further say, that the said tenements in the said bill of complaint contained, as they verely beleeue, are holden of the right honorable G. Earle of S. of his ma∣nor of C. in the said Countie of D. by knightes seruice, and by the yearely rents of two shillings. And that he being thereof so seised, and the said Earle being also seised in fee, of the said manor, as these de∣fendants thinke, died thereof so seised, by, and after whose death the said tenements and premisses in the said bill mentioned, descended and came to the said I. S. the sonne, as sonne and heire of the said I. S. de∣ceased, who is yet within the age of one and twentie yeares, by meanes wherof the said Earle after the death of the said I. S. the father, as gar∣den of the said I. S. infant, during his minority, by reason of the te∣nute aforesaid, seised the bodie of the said I. S. the infant, without that, that to the said defendants knowledge, the said I. S. the father being of the premisses seised in fee, did in his life time conuey and assure the same premisses vnto certaine persons, and their heires to the vse of the said I. S. & of the said I. then his wife, & of the longer liuer of either of them, without impeachment of wast, and after their decease to the vse of the heires of their two bodies lawfully begotten, with diuers re∣mainders ouer, as in the said bill of complaint is vntruely alleaged, or that to these defendants knowledge, by force thereof the said I. S. and the said I. S. then his wife being thereof so seised died thereof so seised, or that to these defendants knowledge, after his death the said I. held her selfe in the said messuages, landes and premisses, and was

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thereof so seised accordingly, by force of any such conueiance, or that she being thereof so seised, tooke to husband the said I. W. or that by force of the saide entermariage the saide I. W. and the saide I. to the knowledge of these defendants, were so lawfully seised of the said premisses, in the right of the said I. as in the said bill is al∣leaged. And without that, that to these defendants knowledge the said I. W. and I. haue the custodie of the said I. S. the infant rightfully be∣longing to the said I. as Gardein in Socage, as in the said bill is like∣wise alleaged. And without that, that any deeds, euidences, and wri∣tings, touching and concerning the premisses, and of right belonging to the said infant, or to one of them, are casually come to the hands, cu∣stody, and possession of the said defendants other then such deedes, eui∣dences, and writings, as the said I. did deliuer vnto the said T. S. the one of these defendants, which he the said T. about one yeare now last past, or more, vpon the receipt of the Queenes Maiesties writ of Sub∣pena deliuered to I. L. late of H. Haull in the County of D. Gentle∣man, to the vse of the said infant which as he remembreth was done by appointment or agreement of the said I. And then an other old deede or writing without date conteyning these words following, or the ve∣ry like in effect and meaning, viz.

Sciant praesentes & futur̄ quod ego Io. filius Tho. de B. dedi con∣cess. & hac praesenti charta mea confirmaui Duranto de Toxdwood pro homag', & seruitio suo, & pro quadam pecuniae summa mihi prae manibus soluta, totam terram meam quae vocatur le Haule cliffe in ter∣ritorijs de B. cum boscis, pratis, pascuis, pasturis & omnibus suis per∣tin̄. sine aliquo retento, quae iacet integre in latitud' int̄ viam quae du∣cit versus B. terram quam L. de L. quondam tenuit, & extendit se in longitudin̄ de meta de B. vsque ad terram Abbat̄ de R. & terram quae fuit A. F. & terram R. de le Scagh, vna cum tota illa terra cum domibus & edificijs in ea sitis, cum omnibus suis pertin̄, quam R. de T. quon∣dam tenuit, quae iacet integre inter terra, &c. And without that any other matters, &c.

A Bill to be discharged of a Recognisance for the sauing of landes solde harmelesse, for that a lease made thereof by which he seemeth to be dampnified, was either made in trust or by surrender, be∣fore the said bargaine, with an answere, replication, and reioinder to the same bill.

COmplaining sheweth vnto your honorable Lordship Geor. Earle [unspec A] * 9.57 of Shrowsbury, that whereas Sir W. S. knight Lord M. decea∣ced, in his life time, about nine yeares now past, was lawfully seised of an estate of inheritance amongst other lands and tenements, of the third

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part of the scite & mansion house of the late dissolued Abbey, Monastery, or Priory of B. in the county of L. and of all and singuler messuages, houses, edifices, buildings, orchards, gardens, fishings, ponds, lands, te∣nements, meadowes, pastures, commons, & hereditaments with the ap∣purtenances to the said scite belonging, then late in the occupation of F. S. & afterwards in thoccupation of one M. and the said Lord M. being thereof so seised about the xvi. day of December in the vii yeare of the Raigne of our Soueraigne Lady the Queenes Maiesty that now is, of speciall and secret trust & confidence by him the said Lord M. reposed in one W. S. of M. in the county of S. gentleman, & M. his wife or of one of them, did make an Indenture bearing date the xvi. day of Septem∣ber, in the said vii. yeare of a demise of the said third part of the said scite, lands, tenements, and hereditaments, with the appurtenances to the said W. S. and M. his wife, to haue & to hold the same vnto the said W. S. and M. from the decease of K. T. of S. for and during the terme of xxi. yeares then next ensuing, as by the said Indenture appeareth. And deliuered the said Indenture to be deliuered as his deed, when the said W. S. had performed certaine conditions & agreements betweene them made, vpon which Indentures made by them, it was neuer inten∣ded nor agreed that the said W. S. and M. his wife, or their executors or assignes, or any of them, should take any benefit to them: but that the same lease should be surrendred, and at all times disposed at the pleasure of the said Lord M. by force whereof the said W. S. and M. were pos∣sessed of the interest of the said terme accordingly, and being thereof so possessed, And the said L. M. being seised of the said R. of the third part of these tenements & premisses of an estate of inheritance, afterwards, that is to say, the xviii. day of May, in the xii. yeare of the Raigne of our said Soueraigne Lady, the said Lord. M. by Indenture bearing date the said day and yeare, did bargaine and sell the said third part of the said premisses among other things to one I. C. of C. in the county of S. Esquire, and F. S. of S. in the said County Gentleman, and their heires for euer, by which last recited Indenture, the said Lord M. for him and his heires did couenant and grant, to and with the said I. C. and F. S. and either of them, that aswell the said I. C. and F. S. their heires and assignes, as all the said manors, and tenements, by the said Indenture to them bargained and sold, at the ensealing and deliuery of the same Indentures, were discharged, exonerated or saued harme∣lesse, and from thencefoorth at all times, and from time to time here∣after for euer, should be discharged, exonerated, acquited, or saued harmelesse by the said W. Lord M. his heires, executors or administra∣tors, of, and from all and singuler giftes, grants, leases, charges, and incumbrances, had, made, granted or suffered in, or to the premisses,

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or any part or parcell thereof, by the said Lord M. or by any other per∣son or persons whatsoeuer, other then the said estate of the said K. S. late Dutchesse of S. and certaine other things, in, and by the said In∣denture excepted, as by the said Indenture appeareth. For performance of which couenant of the said Indenture, the said Lord M. Eagle, the second day of Iune in the said xii. yeare, became vounden vnto the said I. C. and vnto one M. S. of I. L. in the County of B. Esquire, by recognisance knowledged in this high court of Chancery in the summe of two thousand pounds, as thereby appeareth. And shortly after∣wards, that is to say, about sixe yeares now last past, the saide K. late D. of S. died and the said I. C. and F. S. entred into the manors, te∣nements, and premisses with the appurtenances, and were, and yet be thereof seised in their demesnes, as of fee, by force of the said conuey∣ance, and the profits thereof arising and comming to their owne vse tooke, and yet doe quietly so take the same without any interruption, let, or trouble of the said W. S. and M. his wife, and their assignes, and euerie other person or persons according to the couenant, true intent, and meaning of the said Indenture of bargaine & sale, And afterwards, that is to say, about fiue yeares now last past, the said Lord M. for the summe of sixe thousand pounds, or thereabouts, did bargaine and sell to the said Earle and his heires, the manor of B. in the County of Yorke, and diuers other lands and tenements in B. and other places in the said County, by force whereof the said Earle was thereof lawfully seised in his demesne, as of fee, and the issues and profits thereof arising and growing, did quietly take and conuert to his owne vse, from the time of the bargaine, during all the life time of the said Lord M. & W. S. which was by the space of three yeares, after the death of the said Dutchesse or thereabouts. And afterwards, that is to say, about fiue yeares last past, the said M. died, since whose death the said I. C. M. S. F. S. T. H. D. W. M. and I. T. And the said M. late wife of the said W. S. and executrix or administratrix of the said Will, as the saide Earle is informed, by the agreement and priuitie of Ed. Lord Morley, and the Lady Elizabeth his wife, daughter and heire of the saide Lord Mount Eagle, hauing gotten into their hands the said Indenture of demise, albeit that the said T. performed not the conditions and coue∣nants betweene him the said Lord M. amongst themselues, did con∣ceale and frustrate the saide trust reposed by the saide Lord. M. in the saide W. S. and M. or the one of them to the intent to ex∣tend the saide Recognisance of two thousand pounds, vpon the saide manor of B, And such other lands and tenementes as the saide Earle hath purchased of the said Lord M. contrarie to the good meaning of the said Lord M. contrarie to the great trust and confidence by him reposed

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in the said W. S. and M. his wife, and the true meaning of the said In∣denture of lease. And for that purpose haue procured the said estate and interest of the said W. S. and M. of the said third part to be conueied to the said M. to the intent that the said W. M. should enter into the said third part so leased, as is aforesaid, to disturbe the possession of the said C. and F. S. which he hath done accordingly, to the intent that therby, the said I. C. & M. S. might haue some colour to extend the said Recognisance of two thousand pounds aginst y^• said Earle, notwithstan∣ding that the said I. C. & F. S. euer since the entrie of the said M. haue quietly occupied the said demised third part, & yet do quietly occupy the same, not hauing had any damage thereby to the value of xii. d . by rea∣son of the said lease, All which notwithstanding, if it may please your good Lordship, the said M. S. F. S. and I. C. haue procured execution of the Recognisance of two thousand pounds, to be sued against the said Earle by proces out of this honorable Court, according to the forme and effect of the said recognisance, for that as they suppose the said third part is charged with the said lease thereof made to the said S. and his wife, and assigned by the said S. to the said W. M. who by force there∣of hath entred into the said third part, and disturbed the possession of the said I. C. and F. S. and their assignes, And for that by meanes ther∣of the said manors, lands, and tenements to them bargained and sold by the said Lord M. in forme aforesaid, were not saued harmelesse by the said Lord M. or his heires of, and from all and singuler leases had, made, or granted of the said manor and other the premisses mentioned in the said Indenture of Bargaine and sale, according to the forme and effect thereof, which said practise and compact is much against the said trust and meaning of the said Lord M. reposed in the said W. S. and M. ••is wife, and against the true meaning of the said Indenture of lease & Recognisance, tending to the great losse and damage of the said Earle, and against all right, equity, and good conscience, if the said purpose should not be equity and consideration of this honorable Court be pre∣uented and mette withall: In consideration wherof, and for so much as, aswell the said trust touching the said lease as the said compact and agreement amongst the said parties to extend the said Earle his said lands by reason of the said Recognisance by matters secretly agreed vp∣pon amongst themselues, the said Earle not knowing any witnesses which were present at the making thereof, so that the said Earle can very hardly make such proofe in this honorable Court thereof, or of the said conditionall deliuerie of the said Indenture, as is necessary in the behalfe, vnlesse the said parties or some of them will confesse the same in their answeres vpon their Oathes in this honorable Court, as the said Earle verely thinketh they will. And for asmuch also as it is very

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likely, that the said Lord M. would neuer haue entred into the said re∣cognisance of two thousand pounds for the performance of the said couenants of the said Indenture of bargaine and sale, without making exception therein of the saide lease, if the said lease of the said third part before the making of the saide Indenture of bargaine and con∣ueyance, had not beene so deliuered of credit and of trust frustrated or granted ouer to the said W. M. or some other by the consent and a∣greement of the said I. C. and F. S. for their benefit, for the auoiding of new charges growing betwene the making of the said lease & the said bargaine. And albeit aswell the other two parts of the said lands, as all other lands & tenements, with thappurtenances, bargained & sold by the said Indenture, were & be clearly discharged of al incumbrances, accor∣ding to the true meaning of the said Indenture, it may therefore please your good Lordship, the premises cōsidered, to grant vnto the said Earle the Queenes Maiesties most gracious writ of Subpena to be directed vnto the said I. C. M. S. E. L. M. and E. his wife C. D. W. M. I. T. & M. commaunding them and euery of them, at a certaine day and place, and vnder a certaine paine therein to be limitted, to be, and personally to appeare before your good Lordship in the Queenes Maiesties high Court of Chancery, then and there to answere vnto the premisses, and to abide such further order and direction therein, as to your honour shall seeme to stand with right, equitie, and good conscience. And the said Earle, &c.

A Bill for the defendant by meanes of en••ermariage, with the wife and executrix of one, who by casuall meanes got the possession of one deede of demise indented made vnto the plaintife, detaineth the said demise, and by colour thereof doth occupie the tenements demised, and taketh the profits to his owne vse.

IN most humble wise complaining sheweth vnto your good Lo. your [unspec A] * 9.58 daily Orator I. M. of B. in the County of N. That whereas one T. C. of D. within the County of Y. did by his deed Indented of de∣mise, about the fiueteenth yeare of the Raigne of our Soueraigne La∣die the Queenes Maiestie that nowis, demise and grant to your said O∣rator, ten acres of land, fiue acres of meadow, and fiue acres of pasture with thapppurtenances, lying and being in B. aforesaid: To haue and to hold to your said Orator and his assignes, for the terme of xxi. yeares, from and after a certaine day therein expressed, if the said T. C. should so long liue, for the yearely rent of xx. shillings, payable at the feast of P. and Saint M. the Bishop in winter, by euen portions. But now so it is, if it may please your good Lordship, that the said Indenture, the certaine dates or contentes whereof, your saide Lordshippes

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Orator knoweth not, before the day when the said lease should begin and take effect, did by casuall meanes come to the hands, custodie, and possession of one I. W. who made his last Will and Testament, and therein appointed one E. then his wife, his sole executrix and died, by and after whose death the said Indenture came into his hands and cu∣stodie of the said E. since which time the said E. did marie, and tooke to husband one R. I. of B. by reason of which intermariage the said In∣denture is now come to, and remaineth in the hands, custodie, and pos∣session of the said R. I. and E. his wife, or of the one of them, who by reason of hauing of the said Indenture, without any iust title or inte∣rest therein, haue entred into the said premisses with thappurtenances, and will not in any wise quietly permit and suffer your Lordships said Orator to haue, and inioy his said terme, of, and in the premisses, accor∣ding to his lawfull right and interest therein, but contrarie to all equi∣tie, and good conscience, haue euer sithence taken and conuerted, and as yet doe daily take and conuert the issues to their own proper vse and behoofe, and will neither deliuer vnto your Lordships said Orator the said Indenture, nor permit and suffer him to haue and peaceably en∣ioy the said premisses, as aforesaid, or any part thereof, although your said Orator hath at diuers & sundrie times required them so to doe. In consideration whereof, and for as much as your Lordships said Orator is without all helpe and remedie at the common law, for that he know∣eth not, nor remembreth the dates or contents, or any other certainty of the said Indenture, May it please your good Lordship to grant her Maiesties gracious writ of Subpena to be directed to the said R. I. and E. his wife, and to either of them, commaunding them and eyther of them thereby, personally to appeare before your honor in her Maiesties high Court of Chancery at W. at a certaine day, and vnder a certaine paine by your honor therein to be limited there, &c.

A Bill against an Infant for bourding, and apparrell deliuered to him by the plaintife, and for not performing of a lease.

IN most humble wise complaining sheweth vnto your Honorable [unspec A] * 9.59 Lordship, your daily Orator T. T. of B. in the Countie of D. hus∣bandman: That whereas about foure yeares now last past, one G. B. of B. aforesaid yeoman, being seised in his demesne as of ••ee, of, and in diuerse landes, tenements, and hereditaments with their appurtenan∣ces in B. aforesaid, holden in Socage of I. S. as of the Manor of D. which said tenements and premisses the said G. B. had by discent, by and after the death of B. his late father, and the said G. B. being thereof so seised, and being of the age of xx. yeares or thereabuuts, and vnder the age of xxi. yeares, about the xxv. day of Iuly which was in

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the thirtie yeare of the Raigne of the Queenes most excellent Maiesty that now is, by means, counsaile, procurement, and perswasion of diuers euill disposed persons (that is to say) one A. E. I. M. W. M. T. C. H. M. N. H. W. H. and D. D. intending by their vngodly compact & practise to make a pray of the simplicity of your said Orator, being an ignorant vnlearned man, the said G. B. came vnto your said Orator, pretending that he did then beare great good will and fauour to your said Orator, and therefore entreated your said Orator that he might boord & remaine with your said Orator in his house at B. aforesaid, and not onley haue meat, drinke, & lodging, but also such apparrell & rayment as your said Orator should thinke meet & conuenient for his degree & calling, at the costs & charges of your said Orator, promising faithfully and fully to sa∣tisfie your said Orator for all such charges & expences as he by reason of the premisses should in any wise sustaine. Wherefore your said Ora∣tor giuing credit vnto the said G. B. in the premisses, & thinking that, that he had faithfully promised, he would fully and effectually haue per∣formed, did then fully consent and agree, to, and with the said G. B. to find him meat, drinke, lodging, & apparrell, as is aforesaid, for the consi∣deration promised as is aforesaid: By pretence wherof the said G. B. a∣bout the same time came to the said house of your said Orator, and re∣mained there with your said Orator, vntill about the second day of Fe∣bruary then next following, during all which time your said Orator at his owne proper costes and charges, did prouide and finde for, and vnto the said G. B. all manner of necessary meat, drinke, lodging, apparrell, and all other things necessary for him. About which second of Februa∣rie the said G. B. pretending to continue his said fauour and good will towards your said Orator, by the like counsell, meanes, and perswasion of the said euill disposed persons, and by their compact and agreement, did demise and lease vnto your said Orator, all, or the most part of all the said messuage, tenements, and premisses, that he the said G. B. so had, as is aforesaid, by discent from his said father, to haue and to holde¦th said tenements and premisses, with the appurtenances to him, his ex∣ecutors and assignes, from the feast of the Annunciation of the blessed virgin Mary then next ensuing, vnto the end and terme of three yeares thence next ensuing, your said Orator & his assignes, yeelding & paying therefore at the ende and expiration of the said terme of three yeares xx. pounds of lawfull English money. And also finding vnto the said G. B. during the said time of three yeares conuenient lodging, meat, drink and apparrell, and also keeping for the said G. B. twenty sheepe, by rea∣son of which demise, your said Orator about the said feast of the Annun∣ciation of the blessed virgin Marie, did enter into the saide demised mes∣suages, tenements, and premisses, and occupied the same messuages, te∣nements,

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and premisses, by the space of two yeares, or thereabouts, and during the same time, did at his owne costes and charges prouide & find vnto the said G. B. conuenient meat, drink, lodging, and apparrell, and also his xx. sheepe, according to the said agreement, and besides those xx. fortie sheepe more at the least, to the charges of your said Orator of one hundred Markes at the least. But now so it is, if it may please your honorable Lordship to vnderstand, that about the first day of March, which was into the two and thirtie yeare of our Soueraigne Lady the Queenes Maiesties raigne that now is, your said Orator hauing then inned into the Barnes of the said tenements and premisses forty loads of Hay, or thereabouts, part thereof did grow vpon the said tenements and premisses, but the most part thereof was brought from other places and hauing also man••red the said grounds to his exceeding great costs and charges, the said G. B. being then of full age, by the like perswasi∣on and procurement of the persons abouesaid, did enter into the said de∣mised tenements and premisses, whereof your said Orator was then quietly possessed, as he then found the same, And he together with the said A. E. I. M. W. N. C. H. M. N. H, W. H. & H. G. did take away and conuert to their owne vses, the most part of the said forty loades of Hay or thereabouts to the value of twenty markes at the least. By meanes whereof your said Orator hauing against the Winter before, prouided greate store of beastes and cattell for to haue eaten the said Hay for the sustenance of them, he was inforced to buy, and did buy a great quanti∣tie of Hay at an excessiue price, or else to haue famished the most of his said beasts for want of fodder, which was to the great losse and damage of your said Orator: Neuertheles the said G. B. by the like counsel and perswasion of the said euill disposed persons, albeit he hath beene sundry times gently required by your said Orator to make vnto him some rea∣sonable recompence and satisfaction for the losse of his said terme and his other damages, and for such costes and charges, as he had bestowed for the manuring and bettering of the said grounds so to him demised, and for such costes and charges as he your said Orator did sustaine and beare, for, and by reason of the keeping, and maintaining of him the said G. B. as is aforesaid, with apparrell, meat, drink, and lodging, he vtter∣ly denieth, and refuseth to yeeld vnto him any manner of satisfaction or recompence for the same, or part thereof, alleaging, that at the time of the making of the said seuerall contractes, he was within the age of xxi. yeares, and therefore and for the incertainty some of the same contracts be meerely void in law. And not so contented, doth yet by the like coun∣sell & perswasion of the said euill disposed persons, sue your poore Ora∣tor, for the occupation and vse of the said grounds, and for the profits and commodities thereof during the foresaid terme. Notwithstanding

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that he himselfe, and his said confederates did so as is aforesaid, vniust∣ly take away your Orators said Hay, being of farre more value then the profites which he euer receiued, for, or by the grounds so to him de∣mised, did amount vnto, against all right, equitie, or good conscience. In tender consideration whereof, and for so much as your said Orator is a verie poore man, and hath no ordinarie remedie by the strict course of the common lawes of this realme and dominion of England, either to defend himselfe in the said suit or to recouer any thing at all against the foresaid G. B. as well by reason that the sayd seuerall contracts and agreements were so vncertainly made, as is aforesaid with him, being at the making hereof an infant, as for that the same contracts & agreements were made priuately betweene your foresaid Orator and him the said G. B. few or none being present thereat, which can testifie the same, neither can your said Orator set downe in certain, how much of his said Hay they did so take and carie away, and yet is there great cause in equity why your said Orator should be relieued for the same in this honorable court. It may therefore please your honorable Lord∣ship, the premisses gratiously cōsidered, to grant vnto your said Orator the Q. maiesties most gracious seuerall writs of Subpena to be direc∣ted vnto the said G. B. A. E. I. M. W. M. T. C. H. M. N. H. W. H. & H. G. & euery of them, thereby commanding them, and euery of them vnder a certaine paine, and at a certaine day therein to be limitted and appointed, to be, and personally to appeare before your Honorable Lordship in her Maiesties most high Court of Chancerie, then & there to answere vnto the premisses, and to abide such further order & direc∣tion therein, as to your honorable Lordship shall seeme to stand with right, equitie, and good conscience. And your sayd Orator shall dayly pray vnto almighty God for the preseruation of your Honorable Lord∣ship in good health long to continue with much encrease of honor &c.

A Bill of debt vppon a contract against the suruiuing partner, or ioynt chapman, and thadministrator of thother.

IN most humble wise complaining sheweth vnto your Honorable [unspec A] * 9.60 Lordship your dayly Orator R. P. of L. in the countie of Yorke chapman, that whereas the third day of May now last past, which was in the fiue and thirtie yeere of the most prosperous raigne of our most gratious Soueraigne Ladie Elizabeth the Queenes most excellent Maiestie that now is, and before and after the said third day of May, one W. T. of W. in y^• countie of M. grasier, now lately deceased, were chapmen, partners, copercioners, or parting fellowes, did then as part∣ners and parting fellowes iointly occupie together in all maner aswell of buying, and selling, bartering, or bargaining of beasts and cattell,

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with their seuerall stockes, and of, and with diuers other goods, beasts, and catttell taken vpon their credit, and of, and with all encrease and gaines from time to time arising and growing by reason of their sayd occupying, as by factorship, alienation, exchaunge, or otherwise, for a certaine time betweene them the said W. T. & R. W. priuately agreed vpon, and it was also then agreed betweene them, that during the time of their said ioint occupying together or partnership, either of the said parties should be faithfull and true to other in buying, selling, and o∣therwise, as is aforesaid. And all such lucre, profite and gaine, aduan∣tage, benefite, and winning, as should come, grow, or arise in buying and selling any beasts or cattell, during their ioynt occupying or part∣nership, should be equally parted and deuided betweene the said parties, so as either of them should haue his iust and true moitie and portion of the same. And that at such times as it was betweene them agreed vpō, either of them should make a iust and true reckoning and accompt with other of buying and selling, of all such beasts and cattell, and otherwise as aforesaid. And it was then also agreed betweene them the sayd W. T. and R. W. that if any losse or charge shal happen to either of the said parties at any time or times during their said ioint occupying to∣gether, & partnership by death of a cattell, euill debts, casualties, or other∣wise concerning their ioint occupying to any part of the said stocke in buying and selling of beasts or cattell, or otherwise, as is aforesaid, to be impaired, that the same losse and charge should be equally borne by both the said parties. And if it should happē either of the said parties of die during the said ioint occupying or partnerships, then the executors or administrators of the goods and chattels of the party so dead should make a iust & true accompt, paiment, & deliuery of such part of all en∣crease, gaines, beasts, cattell, & debts, as should be due to the partie sur∣uiuing. And in like maner that the party suruiuing should make & de∣clare to the executors of the goods & chattels of the party so dead, a iust, true & perfect accompt & reckoning of all the state and qualitie of their said ioint occupying or partnership, and also pay, deliuer & assigne vnto y^e said executors or administrators of the party so dead, such moity, halfe part & portion of the said increase, gaines, beasts, cattell, & debts, as vpō the same accompts should then haue bin due vnto the party so dead, in so large and ample maner, as if he had bin then liuing, and the said ioint occupying then ended, at such times, & in such maner, as it was be∣tweene the said parties agreed vpon, by force of which agreement, they the said W. T. & R. W. iointly, as coparteners, ioint Chapmen, part∣ners, or parting fellowes, occupied together their said stocks, and other things aforesaid, & according to their mutuall agreement, by buying, selling, & exchanging of beasts & cattell, and otherwise, in sundray faires

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and markets of this Realme of E. and with diuers and sundrie of her Maiesties faithfull, and louing subiects vntill the day of &c. nowe last past, at which time the said R. W. died & the said W. T. him suruiued, during which said ioint occupying together, partnership, or society, that is to say, the third day of May now last past, the said R. for, and to the vse of himselfe, and of the said W. T. his partner, and ioint chapman, as is aforesaid, at M. in the county of N. did buy of your honors suppliant in the open ma••ket then there holden, three Oxen for sixe pound fiue shillings, of which summe, part was then in hand paid, and the residue was then agreed to be paide vnto your Orator vppon the Tuesday in Whitson weeke then next following in N. aforesaid, and also vpon the Wednesday ensuing the day, commonly called or knowen by the name of Holie-thursday, the said R. W. did also buy to the vse of him, & the said T. of your said Orator other two Oxen for 8. pounds, to haue been paid to your Orator vpon the said Tuesday in Whitson weeke, at N. afore∣said, which said Oxen were then accordingly deliuered to the saide R. W. at N. aforesaid, and shortly after the said R. W. deliuered the same Oxen to the hands of the said W. T. and died, not hauing paied or sa∣tisfied this your Orator, of and for the said fourteene pounds, nor of any part thereof, according to the said bargaine, the said Oxen remaining in the hands and possession of the said W. T. and after the time of the death of the said R. W. and were sithence by him the said W. T. con∣uerted to his owne onely vse, by meanes whereof, action accrewed vn∣to your said Orator, to demaund, and haue of the said W. T. and of one E. W. of S. in the county of E. widow, late wife of the said R. W. or of one of them, the said 14 l . so to him due for the said Oxen, which the said E. W. by the compact and consent of the said W. T. and R. W. became executor to the said R. W. and wrongfully administred & con∣uerted to his owne vse diuers goos and chattels which were belonging to the said R. W. at the time of his death. And albeit your said Orator hath diuers and sundry times come and sent to the said W. T. and E. since the death of the said R. W. gently requiring payment of the said summe of 14. l . so as aforesaid, being behinde and vnpaid of the price of the said Oxen, notwithstanding that diuers goods & chattels, which were the said R. W. at the time of his death sufficient for the contenta∣tion of your said Orator, of, and for his said debt of 14. l . And also to performe the funerals of his said R. W. and to satisfie all debts which the said R. W. ought to any person or persons at the time of his death, came to y^• hands & possess. of the said W. T. or E. W. or to the hands & possess. of such person or persons, to whō they y^e said W. T. & E. W. or the one of thē, haue left, yelded, or deliuered y^e same, & in their or some of their hāds doth stil remain. Notwithstāding they & either of thē haue diuers

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and sundrie times since the death of the said R. W. beene by your said Orator & others in his behalfe gently required to pay the same, yet that to do they and either of them haue euer hitherto denied and refused, and yet do denie and refuse to pay the same vnto your said Orator, fraudu∣len••ly intending thereof and euerie part thereof craftily and subtilly to defraud, and deceiue your said Orator. And for that purpose haue se∣cretly conueyed, concealed, and hid a great part of the goods and chat∣tels, which the said K. W. had at the said time of his death being of good value to diuerse persons, and in diuers places to your Orator vt∣terly vnknowen, so that the same being by that meanes left out of the Inuentory of the goods of the said R. W. to the intent to das••e & blind the eies of your Orator, and of sundry of the said R. W. creditors to whom he was in like manner indebted, not knowing the trueth of their dealing, and vngodly practises and deuises, intending by such coloura∣ble meanes, either vtterly to defraud his said creditors or so to inforce them to rest contented with some small part of their true and lawfull debt. And whereas afterwards that is to say, vpon Tuesday next after Midsomer day now last past, your Orator and one T. T. of L. in the County of L. husbandman by a priuate agreement betwene them made, did ioyntly buy of diuers persons to the vse of them both, eight Oxen, and seuen Bullocks, or Steeres for diuers seuerall sums of money, and af∣terwards the said beasts that is seuen of the said Oxen, and the said se∣uen Bullocks or Steeres for the price of which 14. beasts, and of the said odde Oxe, your Orator and the said T. T. afterwards priuatly ac∣compted, and he thereupon satisfied your orator all that to him was due for the same but 3. l . 13. s̄. 4. d . or thereabouts, and being perswaded by the said W. T. and E. W. and by their pernitious example, not satisfied with their former wrong as is said, offered to your said Orator, haue also perswaded the said T. T. not to pay to your said Orator, the said summe of 3. l . 13. s̄. 4. d . or thereabouts so to him due, for the price of the said Oxen, so that albeit the said T. T. hath oftentimes since the making of the said bargaine and accompt, been gently required by your said Orator and others on his behalfe, yet ••e hath euer hitherto denied and refused to make paiment thereof, and still doth denie, and refuse to do the same, against all right, equity, and good conscience, which vnlaw∣full practises of the said W. T. and E. W. and T. T. are likely to be to the great losse, and hinderance of your said Orator, if speedie remedie be not by your good Lordship prouided to meete with, and preuent their couetous and most vnconscionable dealings and purposes in the premisses: wherefore, and for as much as the said agreement of part∣nership, and otherwise, made betwene the said W. T. and R. W. & also all the compacts and practises made, by, and betweene the said W. T.

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and the said E. W. since the death of the said R. W. And also the said agreement of the ioint buying of the said fifteene beastes by your O∣rator, and the said T. and also the said bargaine betweene your Orator and the said R. W. for the said fiue Oxen, as also the said ioint buying of the said fifteen beasts by your orator, & the said T. T. were secretly and priuately made betweene themselues, so that there is no person liuing knowen to your said Orator, but the said W. T. E. W. and T. T. pri∣uie thereunto, that can testifie the said seueral contracts, made betwene your said Orator, and the said R. W. of, and for the said fiue Oxen, as is aforesaid, and the said ioint buying of the said fifteene beasts by your said Orator & the said T. T. & their said accompts touching the same, or the said ioint occupying or partnership betweene the said W. and T. or the said concealement, cunning, close, and vnlawfull dealings of the said E. W. and T. in the premisses, so that your said Orator, through the want of such precise proofe thereof (as the strict course of the common lawes of this Realme doth in that behalfe require) is altogether reme∣dilesse, by the order of this honorable Court, wherein your Orator ve∣rely hopeth, that the said W. T. E. W. and T. T. in their seuerall an∣sweres to the premisses, will seuerally vpon their corporall Oathes confesse the said premisses, to be in effect, as they haue beene herein dis∣closed and set forth: It may therefore please your Honorable good Lordship, the premisses gratiously considered, to grant vnto your said Orator, her Maiesties most gracious seuerall writs of Subpena, to be directed to the said W. T. EW. T. T. and to euery of them, thereby commaunding them, and euery of them, at a certaine day, and vnder a certaiue paine therein limitted, to be, and personally to appeare before your honorable Lordship in her Maiesties most high Court of Chance∣ry, then, and there to answere vnto the premisses, and abide such further order and direction therein, as to your honorable Lordship shall seeme to be agreeable with right, equitie, and good conscience. And your said Orator shall daily pray &c.

A Bill vpon a promise to forbeare debt due by Obligation vntil an other day, and yet suing the band.

IN most humble wise sheweth and complaineth vnto your honorable [unspec A] * 9.61 Lordship &c. That whereas one R. F. of &c. in the County aforesaid Gentleman, was indebted to one W. P. of D. aforesaid, in the summe of &c. And whereas your said Orator, at the speciall and earnest in∣treatie and request of the said R. F. about two yeares last past, be∣came bounden for the said F. vnto the said W. P. by his deede or wri∣ting Obligatorie, in the summe of &c. with Condition therein can∣tained or indorced, for the payment of the summe of &c. vnto the said W. P. at the feast of &c. which was in the yeare &c. at, or in the

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Church porch of &c. aforesaid, as by the said deede or writing Obliga∣torie doth and may appeare: Which said summe of &c. your said Ora∣tor had appointed in a readinesse, and purposed to pay the same at the time and place aforesaid, according to the Condition of the said wri∣ting Obligatorie: Whereupon the said W. P. the very day appointed for the paiment of the said &c. or the day before, the certainty where∣of your said Orator, nowe remembreth not, came vnto your saide Orator, and vpon speech had betweene your said Orator, and the said P. touching the paiment of the said money: The said P. was contented, and did agree to forbeare the paiment thereof, vntill the feast of P. then next following, and did faithfully assume and pro∣mise, to, and with your said Orator, both then, and at diuers times af∣ter, to forbeare the paiment thereof vntill the said feast, and that he would not take any aduantage of the forfeiture of the said bonde a∣gainst your said Orator, but would cancell the said bonde, and take a newe bonde for the payment thereof at the said feast of P. aforesaid, but neuer required any new bonde from your said Orator: And your saide Orator giuing credite to his promise and assumption aforesaid, did not pay the saide summe of &c. according to the Condition of the saide writing Obligatorie. After which time, the saide W. P. did oftentimes promise your saide Orator, to deliuer the saide bonde of &c. to your saide Orator to be cancelled, and to take new bonde for the payment of the foresaide summe of &c. at the said feast of Penticost according to his promise and agreement aforesaid: And your saide Orator doubting that the saide P. meante to delay him, and driue him off from time to time, and not fearing least the saide P. should take anie aduantage of the forfeiture of the saide bonde a∣gainst him, in Michaelmas Terme last past, your saide Orator de∣maunded the saide bonde againe of the saide P. in L. who tolde your saide Orator, that he had deliuered ouer the saide bonde vnto one W. W. being his brother in Lawe, to whom he had assigned ouer the saide bonde, and could not release or discharge the saide bonde with∣out the assent of the saide W. W. but would make meanes to the saide W. W. for the deliuerie of the same, and seemed to make diuers iourneyes to the saide W. W. to fetch the same: And so from time to time delayed your saide Orator, and droue him out with fayre wordes, vntill such time as your saide Orator was vp∣pon occasion of busines, inforced to ride out of L. into the Coun∣trey: And shortely after, your saide Orator purposing to get the same bonde out of the saide P. and W. handes, did in the said Mi∣chaelmas Terme, send one G. V. his seruant to L. with the said money, to make payment thereof vnto the saide W. and P. and to receiue

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the said bond, who comming to L. accordingly to the said W. and P. and declaring vnto them, that he was come to make paiment of the foresaid summe of &c. and to receiue the said bond, the said W. then told the said N. that the said bond was not then in his custody or keeping: But the said W. did then and there promise, that if the said V. would deliuer o∣uer a bond which he had in his keeping of trust, to the vse of the sa••d P. that then the said W. and P. would the next day following, come to the said V. his lodging, and receiue the said &c. and deliuer ouer the foresaid bond of, &c. vnto him, vpon whose promise the said V. did then presently (trusting to his faire speeches) deliuer the said bond which he had, to the vse of the said P. to the said P. or W. accordingly. But so it is (may it please your good Lo.) that the said P. & W. nothing at all regarding their foresaid seuerall promisses, agreements, and assumptions made, to, and with your said Orator, and the said V. as aforesaid, haue not onely hitherto refused and denied to deliuer ouer the said bond of &c. vnto your said Orator, according to the promises and agreements made, as afore∣said, but yet do vtterly refuse and deny to do the same: albeit your said Orator did oftentimes, both before the said feast of &c. as aforesaid, and diuers times since, offer to make paiment of the said summe of &c. vnto the said P. and W. according to the foresaid agreement, and yet is rea∣die and willing to pay the same: But also the said P. and W. purposing to bring vpon your said Orator the whole penalty and forfeiture of the said bond of &c. haue, or one of them hath of late, contrarie to the foresaid assumptions & agreements made, as aforesaid, & contrary to all honesty, equity, and good conscience, commenced suit at the common law against your said Orator vpon the said bond, to his great losse and hinderance. And the said W. P. hath of late vtterly denied, that euer he promised to forbeare the paiment of &c. vntill the foresaid feast of &c. contrary to the trueth, and contrary to all equity and good conscience: In tender con∣sideration whereof, and for as much as your said Oratar cannot pleade the promise and agreement of the said P. made to your saide Orator, for forbearing of the money (as aforesaid) in barre of the said bond at the common law, and thereby is void of all remedie, at, and by che strict or∣der and course of the common law of this Realme, nor can vse nor bring any action of the case against the said P. or W. upon their said promises and assumptions, for that your said Orator cannot make any such suffi∣cient proofe thereof, as by the common law is in such case required, for that the same were made priuatly betweene themselues, and no witnes∣ses called thereunto. And for as much as your said Orator verely thin∣keth that the said W. P. and W. W. being called into this most hono∣rable court to answere to the premisses, will in their answere vpon their corporall oathes confesse the foresaid conclusions, promises, and agree∣ments

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made, as a foresaid, and disclose the trueth of the premisses: May it therefore please your good Lordshippe, the premisses considered, to grant vnto your said Orator, the Queenes most gracious writ of Sub∣pena to be directed vnto them the said W. P. and W. W. commanding them, and either of them, at a certaine day, and vpon a certaine paine by your good Lordship to be appointed, personally to appeare before your good Lordship, in the Queenes Maiesties most high Court of Chaun∣cery, then, and there to answere to the premisses: And further to stand to, and abide such further order and direction therein, as to your good Lordship shall be thought most meete and conuenient in that behalfe. And your said Orator, according to his bounden duty, shall daily pray vnto God for the good and prosperous estate of your Lordship, in honor long to continue.

The Answere of W. P. and W. W. defendants, to the bill of complaint of E. L. complainant.

THe said defendants, and either of them saith, that for the most part [unspec A] * 9.62 the said bil is vntrue, slaunderous and insufficient in the law to be answered vnto, and the matters therein contained, deuised of malice, to put these defendants to needlesse charges and expences in law, without any sufficient cause so to do: The aduantage of exception to which in∣sufficient bill to these defendants at all times saued, For answere they say, and first the said W. P. for himselfe saith, that true it is, that the said complainant did become bound to these defendants, by his obligation in the summe of &c. with condition indorced for the true paiment of the said summe &c. at a day long since past, The which summe this defen∣dant did verely thinke to haue receiued accordingly, and thereof did make reckoning, as of a debt then to be paid to him, and for that cause did at the very day appointed for the paiment of the same, repaire vnto the place specified in the condition of the said obligation, where the said money should be paid, and there did attend for the same, in hope to haue receiued it accordingly: But the said complainant, meaning nothing lesse then the satisfying of the said debt, left the same vnpaide, to the great hinderance, losse, and discredite of these defendants. And this de∣fendant further saith, that he hath often and sundry times sithence the said money was due, made meanes to the complainant for payment of the same, who from time to time with faire promises (now almost these three yeares) hath delaied this defendant to his greater hinderance, then the valew of the said summe: By reason whereof, and for as much as the complainant hath sought diuers indirect waies and meanes to get the said Obligation of &c. out of the hands of this defendant with in∣tent neuer to pay penny of the debt aforesaid: This defendant hath

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caused the said Obligation to be put in suite, as he thinketh it is law∣full for him to doe, without that, that the complainant to the know∣ledge of the defendant did prepare in a readinesse to haue paid the said &c. at the time and place, according to the condition of the Obligation aforesaid: Or that this defendant vpon the very day appointed for the paiment of the same &c. or the day before, (or in trueth at any time else) did come to the complainant, and had speech with him, that he was contented and did agree to forbeare the punishment thereof, vntill the feast of &c. then next following, or did assume and promise, to, and with the complainant, both then, & at diuers times after to for beare the pay∣ment thereof, vntill the said feast, and would not take any aduantage of the forfeiture of the said bond, but would cancell the said bond, and would take new bond for the paiment thereof, at the said feast of P. as in the said bill is most falsely declared. And without that, that the said complainant to the knowledge of the defendant did send one G. V. his seruant to L. with the said money to make payment thereof to one of these defendants, as also in the said bill of complaint is vntruely al∣leaged. For this defendant saith, that he sought often to the complai∣nant, and made means vnto him, to haue the said defendant eyther to be paide in noney, or that he might be satisfied thereof some other way, who made him many promises to do the same with speed, but neuer ment or intended it, for any thing that this defendant could get to the con∣trary. And the said W. W. the other of these defendāts for himself saith: That whereas he is charged to haue made promise to the said V. that if he would deliuer a bonde which he had in his keeping of trust, to the vse of the said P. that then he this defendant and the said P. would the next day following, come to the said V. his lodging, and receiue the said summe of &c. and deliuer ouer the said bonde of &c. He this de∣fendant saith, that he neuer made any such promise to the said V. to his remembrance, neither was there any cause at all that he should so doe aswell because in trueth, and in honestie the said V. ought to make de∣liuerie of the said bonde, so committed vnto him, but of trust, as ap∣peareth by the plantifes owne shewing, as also for that this defen∣dant was informed, that the said V. had deliuered the said bonde be∣fore that they two mette together to talke of the saide debt. And this defendant further saith, that although it were true, that he had made such promise (as aforesaid) yet were it nothing at all materiall for the reliefe of the complainant, aswell for the cause aforesaid, as also for that this defendant had no power of himselfe to doe, eyther good or hurt in the matter. And without that, that any other matter or thing what∣soeuer materiall in the said vntrue bill to b answered vnto, and not in this answere sufficiently answered, confessed, and auoided, trauersed, or

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denied, is true. All which matters these defendantes are readie to a∣uerre and proue, as this most honorable Court shall awarde, and pray∣en to be dismissed with their reasonable costes in this behalfe wrong∣fully sustained.

The Replication of E. L. Esq. Complainant, to the Answere of W. P, and W. W. Defendant.

THe said Complainant replieth and saith, that the said bill of com∣plaint [unspec A] * 9.63 by him exhibited into this most honorable court, is very true, certaine, and sufficient, the law to be answered vnto, And that the matters therein contained, are neither deuised, imagined, practised, or set forth by him the said complainant, for any such cause or purpose, as the defendants in their answeres haue vntruely imagined, but the same is grounded vpon good and iust cause, as by the contents thereof doth and may appeare. And further saith, that the answere of the said de∣fendant is verie vntrue, vncertaine, and insufficient in the lawe to be replied vnto, The aduantage of exception to the incertainety and in∣sufficiencie thereof to the said complainant, nowe, and at all times here∣after saued. The saide complainant for further replication saith, that he doth, and will auerre, iustifie, maintaine, and proue, all, and eue∣uerie matter, article, sentence, and thing, in the said bill of complaint contained, to be good, iust, and true, in such sort, manner, and forme, as in the said bill of complaint they be truely set forth, shewed, and decla∣red. And further the said complainant saith, that he doth, and will a∣uerre and proue, as this most honorable Court shall and will awarde, that the said compainant did prepare in a readines, and purposed to pay the foresaid summe &c. in the said bill & answere mentioned, at the time and place in the condition of the said obligation mentioned, according to the true intent and meaning of the condition of the said obligation in such sort, maner, & forme, as in the said bill of complaint is most truly set forth & alleaged. And that the very day appointed for the paiment there∣of, or the day before, the said W. P. one of the said defendants did come to the said complainant, and vpon speech had betweene them touching the paiment of the said money, the said defendaut was contented, & did agree to forbeare the paiment thereof, vntill the feast of &c the•• next fol∣lowing, in such sort, maner, and forme, as in the said bill of complaint is most truely alleaged. With that also, that the said W. P. did faithfully assure and promise, to and with the said complainant, both then, and at sundry times after, to forbeare the paiment thereof, vntill the said feast of &c. aforesaid, and would not take any aduantage of the forfeiture of the said bond against the said cōplainant, but would cancel the said bond and take new bond for the paimēt therof, at the feast aforesaid. And that

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the said complainant, relying vpon the foresaid agreement, promise, and assumption of the said P. for the forbearing of the said &c. vntil the said feast of &c. aforesaid, and for the taking of a newe bond for the payment thereof, at the feast aforesaid, did not pay the same, according to the con∣dition of the foresaid Obligation, which otherwise he would haue done, in such sort, manner, and forme, as in the said bill of complaint is also most truely set forth and declared. And with that also, that the said com∣plainant in Mich. Terme last past, sent the said G. V. his seruant to L. with the said money to make payment thereof. And that the said W. W. the other defendant vpon offer of tender of the foresaid summe of money by the said V. The said W. W. did promise to deliuer the saide bond vnto the said V. within short time after, so as the said V. would de∣liuer ouer a bond which he had in his keeping, to the vse of the said P. and would also at a time betwene them agreed on, make paiment of the said summe of &c. which bond was deliuered ouer accordingly, to the said P. or W. by the said V. And the said V. was readie to tender and pay the said money, according to the said appointment, in such sort, man∣ner, and forme, as in the said bill of complaint is also truely alleaged. Without that, that the said W. P. one of the said defendants, sought of∣ten to the said complainant, and made meanes to him to haue the saide debt, either to be paid in mony, or that he might be satisfied therof, some other way, who made him many faire promises to do the same, but ne∣uer ment, or intended it, in such sort, manner, and forme, as in the saide answere is most vntruly alleaged: For the said complainant saith, that he did often and sundrie times, both before the said feasts &c. and diuers times sithence, offer to make paiment of the said summe &c. vnto the said W. P. and. W. and alwaies was, and yet is readie and willing, vppon the redeliuerie of the foresaid bond, to pay the same, in such sort, as in the said bill of complaint is most truely shewed and alleaged. And without that also, that any other thing, matter, or circ*mstance in the said aun∣swere mentioned, materiall or effectuall to be replied vnto, and in this Replication not sufficiently confessed, auoyded, denied, trauersed or o∣therwise replied vnto, is true. All which matters the said complainant is readie to auerre and prooue, as this most Honorable Court shall and will awarde. And prateth, as before in his said bill of complaint he praied.

The Ioint and seuerall Reioinder of W. P. and W. W. defendants to the Re∣plication of E. L. complainant.

THe said defendants say, and either of them for himselfe seuerally [unspec A] * 9.64 saith, that the Replication of the said complainant is vniust and vn∣true, and very insufficient in the law by these defendantes, or either of

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them to be reioined vnto. Notwithstanding all aduantage of excep∣tion to the incertainty and insufficiency thereof to these defendants, and to either of them at all times hereafter being saued, for reioinder vnto the said in sufficient replication: These defendants say, and either of them for himselfe seuerally saith in all and euerie matter and thing, as they and either of them in their seueral answeres haue said, without that that any other matter, cause, or thing whatsoeuer, materiall or effectu∣all contained in the said replication, & by these defendants or either of them to be reioined vnto, and not herein sufficiently confessed and auoi∣ded, trauersed or denied, is true. All and euerie which matters and things these defendants and either of them are readie to auerre and proue, &c.

A Bill for detaining lands with euidences.

MOst humblie complaining &c. your daily Orator I. S. of A. in [unspec A] * 9.65 the County of H. Husbandman. That whereas R. S. of H. in the County of H. aforesaid Husbandman, and grandfather to your O∣rator was in his life time seised in his demes••e as of fee, or in fee taile, of, and in certaine messuages, lands and tenements, to the yearely valew of &c. or there abouts, lying in H. aforesaid, and of the same died seised: By force whereof the said tenements discended and came (as of right they ought) vnto one I. S. father to your said Orator, sonne and heire to the said R. who afterwards entred into the same, and was for diuers yeares seised of the tenements accordingly, vntil about the first yeare of the Raigne of the late King Edward the sixt. At which time one W. G. of H. aforesaid, happening by casuall meanes to get into his posses∣sion all the euidences, charters, and writings concerning the said lands and tenements: And knowing that your said Orators father could not for want of those euidences, charters, & writings defend his right, title, and interest to the lands aforesaid, entred also into the said tenementes, and the same wrongfully did withhold and detaine, during the terme of his naturall life: sithence which time, one T. G. of H. aforesaid, and E. G. widow, mother to the said T. hath also entered into the said te∣nements, and the same to this day most vniustly withholdeth, together with all the charters, euidences, and writings aforesaid, which in right and equitie belong and appertaine to your Orator, as sonne and heire to the said I. S. now deceased: In tender consideration whereof, and for so much as your Orator doth now know the certaine dates of the char∣ters, euideneds, and writings aforesaid, nor of any of them, neyther doth know whether they are in bagges, or boxe sealed, or in chest loc∣ked, he is without all remedie at the common lawes of this Realme, and also without all other meanes how to finde reliefe in this behalfe,

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except your honorable Lordships fauour extended. And that the said T. G. and E. G. may by your Lordships order be compelled vpon their oathes, plainely, and truely to shew forth their estate, in, and to the tene∣ments aforesaid, and also to shew what right, title, or interest they haue or claime, in, and to the same, & likewise to shew the effect and certaine dates of such charters, euidences, and writings, aforesaid, as they, or ey∣ther of them haue in their possession concerning the said tenements a∣foresaid, or any part thereof. May it therefore, &c. as before.

The Answere.

THese defendants by protestation say, and euery of them saith that [unspec A] * 9.66 the bill of complaint exhibited into this honorable Court, is for y^• most part vncertaine, vntrue, and insufficient in the law to be answered vnto. And that the matters therein contained are deuised by the com∣plainant onely, to molest and trouble these defendantes, being verie poore, rather then vpon any iust cause. Neuerthelesse the aduantage of exception to the vncertaintie and insufficiencie of the said bill to these defendantes at all times saued: For aunswere and declaration of the trueth, they say, and euery of them saith, that true it is that one R. S. of F. in her Maiesties Countie of H. was in his life time sei∣sed in his demesne, as of fee, of, and in one messuage, and certaine lands and tenements in H. in the said County of H. and being so seised by his deed of foffement vnder his hand and seale, about the xxxvi. yeare of King H. the viii. conueyed and assured the same messuage and lands vnto one I. S. his sonne, and to his heires and assignes for euer, as by the deed of the said R. vnder his hand and seale redy to be shewed vn∣to this honorable Court doth and may appeare: By force whereof the said I. S. was thereof seised in his demesne as of fee, And being so thereof seised, for a certaine summe of money to him paid by W. G. fa∣ther of one of the defendants, did conuey and assure the said messuage and lands vnto the said W. G. and his heires with warrantie, as by the deed and release of the foresaid I. S. doth and may appeare: After which the foresaid W. G. the father vnto the said defendant died of the said messuage and lands seised, After whose death these defendants en∣tred into the said tenements, and the same enioyed the their own profits and commodities, as lawfull was for them to die: without that, that R. S. of H. in the said bill mentioned, was seised of the messuage and lands in the bill mentioned in fee taile, or that the said I. S. father of the complainant was seised of the premisses in the first yeare of King Edward the sixt, or that the said W. G. father of one of the defendants got the possession of the messuage, & the euidences concerning the same, other wise then was lawfull for him to doe: Or that the defendantes,

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or any of them do vniustly withhold the said messuage or lands in the bill mencioned, or the euidences concerning the same, otherwise then is lawfull for them to do in respect of their right. And without that, that the said messuage and lands with the euidences concerning the same do in right or equitie appertaine to the Complainant, as sonne and heire to I. S. the father. And without that, that any other matter or thing in the said bill contained concerning these defendants, and not in this answere sufficiently confessed, and auoyded, trauersed, or denyed, is true. All which matters these foresaid defendants are &c. vt supra.

The Replication.

THe Complainant auerreth and maintaineth his said bill of com∣plaint, [unspec A] * 9.67 and all and euery the matters and things therein contai∣ned to be verie good, iust, and true, in such sort, maner, and forme, as in the said bill of complaint is declared. And saith, that the answere of the defendants for the most part is vncertaine, vntrue, and insufficient in the law to be answered vnto: Neuerthelesse all aduantages of ercep∣tion to the insufficiency thereof to this complainant, at all times here∣after saued: For replication saith in all and euery thing, as in the said bill of complaint he hath said. And further saith, that he doubteth not but that he can verie sufficiently proue that the said I. S. this com∣plainants father, was about the first yere of the raigne of King Eow. the sixth, or not long before, seised in his demesne as of fee taile of the foresaid mesuage, lands, and tenements in the said bill mencioned. And he also hopeth to proue all the rest of the said bill to be true, in such sort as the same is truely declared and set downe: without that, that the foresaid R. S. this complaynants graundfather being seised of the pre∣misses in his demesne as of fee, did lawfully by his deede of feoffement vnder his hand and seale, about the xxxvi. yere of king H. the eight, con∣uey and assure the said mesuage and lands vnto one I. S. his sonne, and to his heires and assignes for euer: Or that the said I. S. being of the premisses seised in his demesne as of fee, for a certaine summe of money to him paied by the said W. G. father of one of the defendants, did lawfully conuey and assure the said mesuage and lands vnto W. G. one of the said defendants, and his heires with warrantie, as in the said answere is verie vntruely alleaged: And without that, that the said W. G. father to one of the defendants, died of the said mesuage and lands seised in such fort, as in the said answere is likewise declared, or that it was lawfull for the said defendants after the death of the said W. G. to enter and occupie the foresaid mesuage and lands, as also in the said answere is inserted. And without that, that any other mat∣ter &c. All which &c. vt supra.

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A Bill for debt leuied by extent.

COmplaining sheweth &c. A. B. of &c. That whereas the said A. B. [unspec A] * 9.68 in the beginning of her Maiesties Raigne, liuing in her highnes Court, for his furniture of iewels, plate, money, and such like, had cre∣dit with one C. D. Citizen and Goldsmith of London, for the which as he had occasion to borrow any money, or take by any wares, so he deli∣uered his Bils or Obligations for the true paiment of any such money so borrowed, or for the price of any such wares so bought, at daies be∣twixt them agreed: which daies, he alwaies kept, or tooke order for the for bearing thereof by himselfe, or his seruants, such as he did imploy in those affaires: Amongst which there was in D. in the first yeare of &c. a certaine debt or reckoning (of how much certainely he now remem∣breth not) betwixt him the said C. D. and the said A. B. for the which he the said A. B. was bound to the said C. D. in the summe of &c. by his deed obligatory, bearing date &c. which Obligation (as he now re∣membreth) was single with a defeasance for the debt, which was then agreed vpon to be answered at a certaine day following which said debt he the said A. B. paied accordingly by his then seruants and officers, who vnknowing vnto the said A. B. did negligently (as is to be con∣iectured) leaue the bonds in the hands of the said C. D. after the rec∣koning and debt paid or discharged. And so afterwards the said A. B. did deale and continue in further credit with the said C. D. for diuerse other great summes of money, iewels, and plate, some vpon the said Goldsmithes booke, and some vpon Bils, and Bonds, whereof the most part were afterwards discharged, sauing one debt by Recognisa••ce a∣bout the foure and twentie day of, &c. in the &c. being to the value of 200. markes. In which said latter debt, the said A. B. presuming of friendship, and friendly dealing at the said C. D. his hands, because he had beene a very good customer vnto him, did not so precisely keepe his day, thinking he would haue reasonably dealt with him, being al∣lowed for consideration for forbearing thereof, as at other times he had done. Notwithstanding, he the said C. D. contrarie to the said A. B. his expectation, did put the same Recognisance in suit presently after the forfeiture thereof. And the said A. B. being them busied in her Ma∣iesties seruice, the said C. D. had iudgement vpon the said recognisance against him before he could send vp to take any order for the said latter debt by the said recognisance, and after tooke execution of the moitie of amanor of the said A. B. called &c. in &c. which for the payment and per∣formance of the said debt was extended vnto twentie markes by the yeare, And so did leuie the said whole forfeiture vpon the said A. B. his manors and lands with great extremitie, vpon which extreme dealing

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he the said A. B. finding himselfe most cruelly and hardly dealt with, did refuse to buy or sell with him, and willed his Bailife of his said manor to take acquittances of him at euery payment: who not onely did so, but vpon the last payment the foresaid C. D. did acknowledge to him that paied the money, that your said Orator was then cleere with him, and did owe nothing, or to such effect, notwithstanding the fore∣said A. B. accompted of him as of a verie extreame man: which the said A. B. his displeasure towards him being notified & verie well knowen vnto him, both by letters from himselfe and otherwise, yet the sayd C. D. liuing nine or ten yeares after that, it can not be intended, that he who whilest they were in amitie, did sue the said A. B. vpon the said re∣cognisance and debt therein conteined, being of so small a value, would at the first haue left the elder bond, and debt, being of a greater summe vnsued for, if it had bin vnanswered for, or not paid, much lesse after∣wards during all the space of nine or ten yeres, when he the said A. B. for his hard dealing had left to be his customer, or to deale with him, and thought but hardly of him, as he had no lesse cause: So though it be most sure and true, that the said debt, for which the said two hundred pounds bond was made in the said first yeare of the raigne of &c. was long since fully answered, yet it being so long since, the said A. B. can not precisely call to mind vpon the sodaine who paid it (diuers of his officers which dealt for his reuenues, and especially one I. P. whom principally he vsed in those affaires, being now dead) whereby he can not vpon a speedie triall at the common Law proue the payment there∣of, by strict and precise course in that behalfe requisite, and the rather, for that the Indentures for the defeasance of the said recognizance, came by some casuall or negligēt meanes to the hands of the said C. D. and of I. his wife, although it be manifest by the presumptions afore∣said, that the said C. D. would not haue let it lye so long vndemanded, if he had not bin satisfied, which the said A. B. doubteth not to proue in this honorable court, for that also he thinketh there be yet some liuing that were present at the last reckning, that the said A. B. or his officers made with the said C. D. either when he agreed for the said extents, or about that time: at which time he the said C. D. did acknowledge, that all matters, debtes, and reckonings whatsoeuer, were then fully cleered and quit betwixt the said A. B. and the said C. D. And that the said A. B. did not then owe him any thing. But so it is y^• said C. D. now being dead, and I. his wife being his executrix, who finding the sayd bond of CC. pounds remaining vncancelled, rather as it should seeme by those which haue conferred with her, vpon some words spoken, or conceit of offence, that she hath conceaued of the said A. B. his displea∣sure towards her late husband, then otherwise vpon any iust cause, she

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the said I. hath published, that she hath such an ancient bond of the said A. B. bearing date &c. of two hundred poundes, and inten••eth to put the same in suit against the said A. B. In tender consideration whereof, the apparant likelyhood of the said debt before recited being most true, and the same discharged, and yet the proofe of the discharge thereof in strict course of law being hard for the said A. B. to make the said I. P. and some others who dealt for him being now dead, and the said defea∣sance being come to her hands (as aforesaid) but onely vpon oath of the said I. D. who was priuy to that, and most of her husbands recko∣nings and doings in his life time, and yet would not vniustly charge the said A. B. with the said debt, by meanes that she hath both partes of the defeasans in her hands, whereby the said A. B. can not pleade them, and not knowing the date of them, or wherein they are contei∣ned, can not demaund them by the ordinarie course of the Law. May it therefore please your good Lordship &c.

The Answere.

THe said defendant saith, that the said bill of complaint exhibited [unspec A] * 9.69 against her in this Ho. court is vncertaine, and vnsufficient in the law to be answered vnto, and the matters therein conteined vntrue, and contriued more of purpose to put the said def. to trouble and expences in law, then for any good or iust cause: Neuerthelesse if the same defen∣dant shalbe compelled by this Ho. court to make any further answere to the same: then the aduantage of the insufficiencie thereof to this de∣fendant at all times hereafter saued. For further answere the said de∣fendant saith, that true it is, that the said A. B. about the time mencio∣ned in the said bill of complaint, began to be a bargayner, and buyer of Plate and Iewels of the saide C. D. late husbandman to this defen∣dant, and obtained credite at the hands of the said C. D. for the summe of &c. For payment whereof the said C. D. presuming vpon the promi∣ses of the said A. B. was contented onely to accept of a bare single obli∣gation, which was sealed and deliuered vnto him about the time men∣cioned in the said bill, which summe of &c. the said C. D. (after the day past which was limitted for the payment thereof) often demaunded of the said A. B. who notwithstanding made no payment at all thereof, but with faire promises delayed time, and kept the said C. D. in hope from yeare to yeare, that he should be answered thereof to the vtter∣most peny. And at the last the said A. B. hauing neede of certaine other Plate or Iewels, to the value of &c. intreated with the same C. D. to giue him credit for the same, and promised faithfully, that if the saide C. D. would trust him therewith, that then within short space after he would truely make payment aswell of the hundred pounds, as also

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of the said two hundred poundes, vpon which earnest intreatie the said C. D. (being a man of a verie good nature, and easily led, by such as he any way conceaued or thought well of) was contented to satisfie his request: But yet forasmuch as the said A. B. had before that time taken but small regard concerning the keeping of his dayes vpon the single obligation aforesaid, the said C. D. then thinking to deale more sub∣stancially with him then before, demaunded a recognizance for the said summe of an hundred poundes, so then to be lent, without which he was vtterly vnwilling to trust him any further: Whereunto the said A. B. assented, and became bound accordingly in a Recognizance of two hundred markes, with condition for the true payment of an hundred pounds (which is the recognizance in the saide bill of com∣plaint mencioned.) For discharge of which recognizance the said A. B. tooke no greater regard then before he had done for payment of the said single Obligation, And therefore the said C. D. at the last, three yeares at the least being then past after the forfaiture of the said Re∣cognizance, perceiuing the carelesnesse of the said A. B. asked aduise of some of his friends, what course he were best to take for the obtayning of the saide seuerall summes of money. By whom he was aduised to put the saide Recognizance (rather then the Obligation aforesayd) in suit, aswell for speedy end of suit in the same, as also that thereby it was thought, the saide A. B. would the rather seeke meanes to make satisfaction aswell of the one debt as of the other: But he mea∣ning nothing lesse, nor regarding the saide suit, suffered the same to proceede till some parcell of his lande was extended, and so the saide C. D. was faine after three yeares forbearance of the said summe of one hundred poundes, as aforesaid, and after he had spend more then twentie poundes in suites, and rewardes in obteyning the says extent, to accept onely twentie markes by the yeare, till the sayd two hundred markes (being the principall) and penaltie were payed vnto hym: so that, the forbearance of the saide summe accompted together wyth the charges in suit, great losse of time in following the same, and rewardes gyuen to Shirifes and Baylifes, or euer any the saide landes might be extended: The saide C. D. sustayned so great losse, as by the circ*mstances of that which before hath been shewed, doth euidently approue, that he was vtterly discouraged to attempt any more suits against the saide A. B. but rested still in hope, that at one time or other he should obtaine meanes in quiet sort without suit in lawe to get satisfaction also of the said summe of &c. which hath bin the reason onely why the sayde E. D. did not put the sayd Obligation in suit so long time, without that, that to the knowledge of this Defendant there was euer any defeasans

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made vpon the said Obligation, or that any such defeasans by casuall meanes is come into the hands of this Defendant, as in the said Bill is vntruely alleaged. And without that, that the said A. B. by himselfe or his officers as by the premisses manifestly appeareth, did make pay∣ment of the said debt, or any part thereof: which the said defendant is the rather throughly perswaded of, as well because she was well ac∣quainted with the dealings of her said husband, as also because at the time of the debts of her said husband, he lying in extremity, called this defendant vnto him, and said, that he had carefully gathered together sundry bonds and Obligations, which at sundry times had beene made vnto him for diuers summes of money, and yet in trueth they were paied and discharged, and those bondes and Obligations he had put in a boxe by themselues, and named them Billes, which Obligations he willed this defendant to cancell or deliuer to such persons as were the Obligors, and in any wise not to demaunde any debt vpon any of them. And further he also openly said, that all the residue of the bonds and Obligations remaining in other boxes, which he then also na∣med, were due and owing vnto him. In the which of the said boxes the said Obligation of 200. li. was found, neither is it to be thought that any officer of the said A. B. would deale so lightly as to paye the money due vpon the said Obligation beeing but single and without penalty, without either acquittance, or the bond it selfe, redeliuered or cancelled. Or that the said A. B. himselfe would haue allowed of any such payment vpon any his officers accompts. And without that, that the said A. B. did at any time allow any maner of consideration for the forbearaunce of any summe of money due by him to the said C. D. (as also is vntruely alleaged.) And without that, that the said C. D. did put the same Recognisaunce in suite, presently after the forfeiture thereof: for the same was forborne three yeares after, as is before de∣clared. And without that, that it is likely that the saide C. D. did ac∣knowledge himselfe satisfied of all those seuerall summes of twenty markes, which should make vp the two hundred markes vpon the ex∣tend aforesaid, when as he had recouered the whole debts due to him by the said A. B. but onely without that, that the said A. B. to the knowledge of this defendant, did signifie by his letters his dis∣pleasure towardes the sayde C. D. as also is vntruely set downe. And without that, that any other thing materiall in the lawe &c. As in the other.

To cause one to shew his Lease, whereby he holdeth &c.

MOst humbly complayning &c. A. B. of &c. gentleman: That [unspec A] * 9.70 whereas about fower yeares last past, one C. D. of L. vpon a cer∣taine

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iudgement in a plea of debt amounting to the summe of &c. or there abouts, by him obteyned in her Maiesties court of common plees against one L. F. of &c. in the Countie of &c. sued forth her Maiesties writ of Fieri facias, directed to the Shirife of the said Countie, for the leuying of the said debt of the goods and chattels of the said E. F. By vertue of which writ the Shirife did amongst other things take into his hands one lease for diuers yeares yet induring made to the said E. F. by one T. S. in the Countie of S. esquier of three parcels of land, cal∣led and knowen by the name or names of &c. with all and singuler their appurtenances, lying and being in the parishes of &c. in the said Coun∣tie of &c. together with all and singuler woods, vnderwoods, and trees, set, lying, being, and growing, in, or vpon the premisses, or any part thereof: together also with the reuersion and reuersions of the premis∣ses aforesaid, and euery parcell thereof. And also all maner of common, aswell of estouers and pastures, as all other commons, pastures, pro∣fites, and hereditaments whatsoeuer, to the said premisses belonging or in any wise appertayning. And afterwards the said Shirife (that is to say vpon the third day of May &c.) by his deede, bearing date vnder his hand and seale, did in consideration of &c. to him paied towards the sa∣tisfaction of the debt and iudgement aforesaid, bargaine, sell, assigne, and set ouer the said lease and terme of yeares yet to come, of all and singuler the premisses vnto one G. H. of L. gen••, which G. H. not long after did in consideration of &c. by your Orator to him paied, bargaine, sell, assigne, and set ouer vnto your said Orator all and singuler the pre∣misses, and euery part thereof: Vpon which bargain and assignement of the premisses so made, as aforesaid, your said Orator was in verie good hope to haue peaceably and quietly entred into the premisses, and so to haue occupied and inioyed the same accordingly. Neuerthelesse so it is right Honorable, that one R. T. of &c. in the sai•• Countie of L. preten∣ding to haue a lease for diuers yeres yet to come of some part of the said lands, called &c. made vnto him by the aforesaid E. F. long time before any assignements aforesaid, hath and yet doth keepe your said Orator from the possession of the said lands, vpon which lease or demise a cer∣taine yerely rent is (as he saith) reserued to the said E. F. his executors or assignes, which as your Orator verily thinketh is &c. by the yeare: and which rent, whatsoeuer it be, your Orator by reason of the lawfull conueyance to him made as aforesaid, ought both in law and conscience to haue and inioy during such terme as the said R. T. shall hold and oc∣cupie the land aforesaid, by reason of the said lease, which he so preten∣deth to haue: But because your Orator doth not certainely knowe whether the said R. T. haue any such lease, neither if he haue, what date it beareth, what terme the said R. hath therein vnexpired, what rent

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thereby is reserued, nor what couenants are therein conteined, as also your Orator can not, nor knoweth not how in due forme of law to en∣ter or commence any action against the said R. T. either for the reco∣uerie of the said land or rent aforesaid, which the said R. T. right w••ll knowing being a man of little or no conscience, but destitute of the feare of God, thinking all things well-gotten which he may get and hould without the punishment of the law, doth not onely vse the said land to his great profit and commoditie, without yelding or paying therefore any rent ot your Orator, or any other person lawfully clay∣ming the same, but also doth vtterly refuse to shewe his said Lease, whereby he claymeth to hold the lands aforesaid, vnto your said Ora∣tor, to the great losse and hinderance of your Lordships said Orator: In tender consideration whereof, and for asmuch as your Orator hath no ordinarie way by the course of the common Lawes of this Realme to enforce the said R. T. to shew forth such writings as he hath for the holding and inioying of the lands aforesaid, but is and shall be vtterly destitute of all maner of helpe or meanes to obtaine the same to his great hinderance and impouerishment, except your honorable Lord∣ship of your accustomed clemencie towards all such as are oppressed, do extend your fauour in y^• behalfe, so that by the order of this honorable Court, the said R. T. be inforced vpon his oath to shew what right he hath to the premisses, or any part thereof, and likewise to set downe in his answere the true copie of the said lease (verbatim) or other writings whatsoeuer they he, whereby he claymeth the premisses, or any part of the same. May it therefore please your good Lordship &c.

The Answere.

THe said defendant not knowledging or confessing the matters [unspec A] * 9.71 suggested in the said bill of complaint to be true, for his answere touching the same saith, That the said E. F. named in the said bill of complaint was possessed for diuers yeares yet to come and induring of the said three parcels of land, called or knowen by the name of &c. mencioned in the saide bill of complaint by vertue of a lease thereof made by the said T. S. also named in the said bill of complaint, vnto the said E. F. long before the supposed extent specified in the said bill of complaint. And the said E. F. so being thereof possessed long before the said supposed extent, (if any such were) had in such manner, as in the said bill of complaynt is supposed, made a lawfull demise and lease of part of the said three parcels of land, conteyning fowerteene acres or thereabouts, vnto the said defendant for diuers yeares yet to come, and remayning vnexpired, vpon which lease the said E. F. reserued a yerely rent to be paied during the continuance of the said lease: By

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force of which lease the said defendant entered into the said fowerteene acres of land, part of the said three parcels called &c. and was and yet is lawfully possessed accordingly, And euer since, and yet doth inioy the said fowerteene acres by vertue of the said d•• 〈◊〉〈◊〉 and lease made by the said E. F. to the said defendant, and is to haue and inioy the same during the continuance of the yeares, of which there are diuers yeares yet to come, and remayning vnexpired. And the said defendant sayeth, that y^• said complaynant is a man to this defendant vtterly vnknowen, And therefore the said defendant marueyleth much of the said suit ex∣hibited by the said complaynant into this honorable court against the said defendant touching the said premisses. And further saieth, that the said E. F. after the said demise and lease by him made vnto the said defendant, of the said fowerteene acres of land, and before the said sup∣posed extent if any such be, made a graunt and assignement of the in∣terest and terme of the said E. F. aswell of the said fowerteene acres, which the said defendant hath and occupieth by vertue of his said lease for diuers yeares yet thereof to come, and coutinuing vndetermined, as also of the residue of the said three parcels of land mencioned in the said bill of complaint vnto R. F. the sonne of the said E. F. vnto which graunt and assignement the said defendant was priuy. And therefore the saide defendant thinketh that he is for the payment of his rent chargeable, and ought by the Law to pay the same rent reserued vnto the saide R. F. and not to the saide complaynant, which saide R. doth verily thinke that he is lawfull Landlord during the continuance of his yeres yet to come and induring, and not the said complaynant, who is altogether a meere stranger vnto this defendant. And which com∣playnant neuer at any time heretofore demaunded any rent for the said part of the lands that this defendant hath and occupieth by the lease for yeres yet continuing of the said defendant. And the said de∣fendant also saieth, that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of cōplaint in the kings Bench in an action of debt brought by him against the saide defendant, And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defen∣dant touching the said premisses: By which suit of the said complay∣nant, the said defendant is wrongfully sued and vexed without any iust cause of suit, without that, that there is any such extent made of the said three parcels of land called &c. or that after the same extent, there was any such bargaine & sale made by the said Shirife named in y^• said bill of complaint, of the said terme & lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said pre∣misses vnto the said complaynant, or that the said complaynant ought

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to haue and inioy the said premisses to the knowledge of this defen∣dant. And without that there is any other matter or thing &c. All which matters &c.

••ill for a title of land intailed.

IN most humble 〈◊〉〈◊〉 sheweth and complayneth vnto your good [unspec A] * 9.72 Lordship, your daily Orator R. R. husbandman: That where one W. late of S. in the county of W. husbandman, grandfather of your said Orator, was lawfully seised in his demesne as of fee, by due course of inheritance vnto him lawfully discended from his auncestors, and other lawfull conueyances in the law, of, and in one messuage &c. CC. acres of land, meadow, wood, and pasture, with their appurtenances in S. aforesaid. And the said W. R. so being of the premisses seised, about ten yeres now past, It was condiscended, granted, & agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased, that A. B. then sonne and heire apparant of the said W. R. before a cer∣taine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof, and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized, conuey and make vnto the said A. and A. a good, sufficient, and lawfull estate in the Law, of, and in the said mesuage, lands, tenements, and other the premisses. To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten. And afterward the said A. according to the said a∣greement, did marrie and take to his wife the said A. E. immediatly af∣ter which mariage had and solempnized, the said W. K. according to his said promise and agreement, did lawfully enfeoffe of, and in the said mesuage, lands, tenements, and other the premisses, the said A. R. and A. then his wife, To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten, by force whereof the said A. and A. were seised of, and in the premisses, in their demeanes, as of fee taile speciall, and they so being thereof seised, the said A. and A. had issue male betweene them lawfully begotten, one I. R. and your said Orator, and one W. R. and the said W. R. the elder died, by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him. And afterward the said A. and Agnes dyed, after whose death the said messuage, lands, tene∣ments, and other the premisses discended and came, and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten, by force whereof the said I. R. entred into the said messuage, lands, tenements, and other the pre∣misses,

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and was thereof seised in his demesne as of fee taile. And he so being thereof seised, the said I. R. about foure yeres now past, of the said messuage and other the premisses dyed seised, without issue male of his bodie lawfully begotten, by force whereof the said messuage and other the premisses discended and came, and of right ought to discend and come vnto your said poore Orator, as brother and heire male to the said I. R. by the vertue of the gift aforesaid. So it is my singuler good Lord, that aswell the deede of intaile made, of, and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten, as is aforesaid, as di∣uers other charters, euidences, and deedes, writings and muniments concerning the premisses, prouing the said interest and title of your said Orator, in, and to the premisses: been disceiptfully comen to the hands and possession of I. W. and C. his wife, late wife of the said I. R. G. W. gentleman, and T. S. the elder, and remaine there as they haue conueyed and put them: and by colour of hauing the said euiden∣ces, deedes, writings, and mumments in their hands and possession, the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses, And the possession thereof do so yet wrongfully deteine & keepe from your said Orator, and also the rents, issues, and profites thereof haue wrongfully receiued, perceiue••, and taken to their owne vse by the space of fower yeres past, and so yet do, contrary to all right and good conscience. And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences, deedes, writings, and muniments concer∣ning the premisses, as also to auoid the possession of the premisses, and peaceably and quietly to permit and suffer your said Orator and his assignes, to haue and inioy the same, and to receiue and take the rents and profits thereof to his owne vse, according to his said interest and title therein, which to do, they at all times haue refused and denied, and yet do, contrarie to all right and good conscience. And for asmuch as your said Orator knoweth not the certaine number, contents, ne other certainties of the said euidences, deedes, writings, and muniments, nor wherein they be conteined. And also for that the said I. W. E. G. W. and T. S. be of so great substance & riches, and also greatly frinded, and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie, the same your said Orator is, and shall be therefore without remedy concerning the premisses by due course and order of the common Law, and other∣wise, vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe. In consideration whereof it may please your good

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Lordship, (the premisses tenderly considered) to graunt vnto your said Orator the Queenes most gratious seueral writs of Subpena to be di∣rected vnto the said I. Werewick, E. G. S. and T. S. commaunding them and euery of them by the same, personally to appeare in the most honorable Court of Chauncery, at a certain day, & vpon a certain paine by your good Lordship to be limitted therein, then, and there to make answere to the premisses: And further to be ordered therein, as shall ac∣cord with right and good conscience. And your said Orator shall daylie pray &c.

The Answere of I. W. to the bill of complaint of R. K. husbandman.

THe said defendant saith, that the said bill of complaint is vncer∣tain [unspec A] * 9.73 and insufficient in the law to be answered vnto, & the matter therein contained vntrue, & principally imagined, & pursued by the vn∣lawfull procurement, bearing, & supportation of one W. C. Esq. to the intent to put the said def. to trouble, costes, & expences, intending there∣by the vnquiet & impouerish the said def. as they should be faine to leaue the right, title, and interest, of, and in the premisses, so that the said W. might purchase & buy the same of the said Complainant: And of late the said W. C. hath made meanes vnto the said I. W. now def. to buy his title & interest, of, & in the premisses, and threatned him to haue the same, and if he would not let him haue it with his good will, that then he would haue it against his will, whosoeuer tooke his part: and if the contents of the said bill were true (as they are not) yet were the matter determinable at the common Law, and not in this honorable Court, whereunto the said def. prayeth to be dismissed: and yet neuerthelesse, the aduantage of the premisses vnto this defendant at all times saued. For further answere vnto the said bill for declaration of the truth of the contents of the said bill, the said def. saith, & euery one of them saith, that longtime before the said A. R. mencioned in the said bill of complaint, any thing had in the said messuage & other the premisses, or that the said W. R. was thereof enfeoffed, T. R. of P. T. S. of S. and W. of E. were thereof seised in their demesnes as of fee, & so being thereof seised, by their writing indēted, ready to be shewed, (the said messuage & other the premisses contained in y^• said bill of cōplaint, amongst other things) gaue, demised, deliuered, & by their said writing indented, cōfirmed, vnto the said W. R. mencioned in the said bill of complaint, and vnto A. his wife, To haue & to hold the said messuages & other the premisses vnto the said W. and A. for terme of their liues, and to the wife of the longer liuer of them. And the said T. and T. willed & declared in the said wri∣ting indented, that the said messuage & all other the premisses should re∣maine vnto the said A. mentioned in the said bil of complaint, & vnto A.

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his wife, & vnto the heires & assignes of y^• said A. for euer: without y^• the said W. R. did enfeoffe of, & in the said messuage lands, tenements, & o∣ther the premisses, the said A. & A. to haue to thē & to their heires males of their two bodies lawfully begotten, or that the said A. & Agnes were seised of, & in the premisses in their demesnes as of fee taile, as in the said bill of cōplaint is surmised, & without that, that after y^• death of the said W. y^• the remainder of y^• premisses in fee simple discended vnto the said A. as sonne & heire vnto him, or that after y^• death of the said A. & A. the said messuage & other the premisses discended, and of right ought to dis∣cend or come vnto the said I. R. in the taile especiall, as sonne and heire male of the bodie of the said A. and Agnes lawfully begotten, either any other discent of inheritance therein of a meere fee simple, or that the said I. by his entrie into the said mesuage & other the premisses after the death of his father & mother, was then seised of, and in his demesne as of fee taile especiall, or of any such estate dyed seised, or that after the death of the said I. that the said mesuage and other the premisses, or any part or parcell thereof discended and came, or of right ought to discend and come to the said complaynant as brother and heire male to the said I. K. by vertue of any gift or otherwise, as in the bill of complaint is vntruly surmised: But the said defendants do auerre, and are, & shall be at all times ready to proue, as this honorable Court shall award, that the said messuages and all other the premisses, by, and immediatly after the death of the said I. R. discended, and of right ought to discend and come to one A. daughter and heire of the said I. lawfully begotten on the bodie of the said E. one of these defendants, the which A. is yet in plaine life, and in the ward and custodie of her said mother: And with∣out that, that any deede of taile was made, of, and by the said W. R. the grandfather, or any other euidence, deeds, writings, or muniments, concerning the premisses, proouing the said interest and title of the said complaynant of the premisses, and euery part and parcell thereof, to be comen to the hands and possessions of the said I. W. and E. his wife, or either of them, or to the custodie or possession of any other by their deliuerie, conueyance, or appointment: but trueth it is, that the said de∣fendants haue in their custodie, one writing indented readie to be shewed, whereby the remainder of the premisses is conueyed vnto the said A. and Agnes his wife, and to the heires and assignes of the sayd A. for euer, as is aforesaid, and diuers other euidences and writings, proo∣uing and concerning the conueyance of the fee simple of the said me∣suage, and other the premisses vnto the said A. and other his auncestors, the which charters, euidēces, & writings, the said def. do still with them detaine & keepe, as good & lawfull is for them to do, as wel for y^• proofe and preseruation of their right, title, and interest, vnto the third part of

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the premisses for the dowrie of the said E. as for the preseruation of the right, title, and interest of the said A. daughter and heire to the said I. of, and in the said mesuage, and other the premisses: without that the said def. haue at any time wrongfully entred into the said mesuage, and other he premisses, or into any part thereof, or the profites thereof do wrongfully detaine, and keepe frō the said complainants, or the rents, issues, and profites thereof, haue wrongfully destreyned, perceyued, and taken to their owne vse, as in the same bill is also vntruely surmised.

A Supplication in the Chauncerie vpon deceipt by a Partner.

IN most humble wise complayning sheweth &c. That whereas vpon [unspec A] * 9.74 the imagination of honesty and good opinion that R. C. father vnto your saide Orator deceased, had in one T. T. &c. the said R. about Easter last past, did ioine in bargaine with the said T. T. for the deli∣uerie of so much wares, whereof the moitie was the said R. as amoun∣ted to the summe of &c. vnto one I. S. of the Queenes Maiesties hous∣hold Esquire, for the which summe of &c. the said S. stood bound by statute of the Staple, vnto the said R. C. and T. T. payable at the feast of &c. then next &c. which was in the yere of our soueraigne &c. And to the intent that the same R. being a man of such honestie and simplici∣tie, as did neither suspect, nor yet doubt the good conscience of the said T. who alwaies toward him, had counterfaited such puritie of con∣science, and so honest behauior, might the better by the help of the same T. come by his debt, at the time to be due, if he so long liued, or els if he died, that the said T. might be as a stay and sure meanes to his exe∣cutors, for the getting in of the same, he the same R. trusted the said T. with the custodie of the said Statute: Soone after the making of the which bargaine, and somewhat before the said feast of &c. the said R. deceased, and made your Orator his executor, thereby charging him aswell with the gathering in of all such summes of money as were due to the said Testator, as also with the payment of all such debts, as the said R. did owe. And so it is, most gratious Lord, that although your said Orator hath diuers and sundrie times since the decease of his said father, required the said T. to haue the moitie of the said &c. due to him by equitie and good conscience, as executor vnto his said testator &c. The said T. (now declaring himselfe what he is) hauing regard nei∣ther to conscience, common honestie, nor yet to the trust he was put in, minding if he can (with what iniurie he careth not) vtterly to barre your said Orator from the hauing thereof, and he himselfe against all reason and conscience to haue the said &c. for nothing: hath not onely with many sleight and subtill delayes, lingred and delaied your sai•• Orator long time from hauing the same: but also now lately hath

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plainly answered and affirmed, that your saide Orator shall haue no part nor penie thereof, which if it should thus passe, should be both great incouraging to such corrupt conscioned persons, still to perseuer in such their lewd demeanour, and in the meane time, turne to the great impouerishing of your saide poore Orator: Wherefore may it please your ho. Lordship, of your accustomed equitie, to inioyne the said T. that he repay vnto your said Orator the said &c. moitie of the said &c. if he haue receiued it of the said S. or if he haue not, that he be nolet to your said Orator, to do therein what he can, for the obteyning and getting in the same. And thus shall your said Orator haue cause continually to pray for the prosperous estate of your good Lordship long to indure.

A bill of Complaint for recouering of Euidences made by com∣pulsion by a man in prison, without consideration.

IN most humble wise complayning, sheweth vnto your good Lord∣ship, [unspec A] * 9.75 your daily Oratrix I. B. That whereas in the yeare &c. it chaunced the husband of your saide Oratrix, together with one &c. iointly and seuerally to be bounden in a Recognizance of the summe of &c. knowledged before your good Lordship in the Queenes Maie∣sties Court of Chauncerie, for the payment of &c. payable at a certaine day now past, vnto one &c. for which summe not being paied at the day due, the said &c. hath sued execution against your said poore Oratrices husband, whereupon he was by y^• Shiriffe of &c. arrested about &c. past, and by all the said space hath remained in the Qu. Maiesties prison of Marshalsie, to his great paine of body, importable charges, and in maner vndoing, both of him, your poore Oratrix, and their small chil∣dren, which piteous estate of his, (with himselfe lamenting) after he had well considered, he then consulted with himselfe, for his best re∣medy in that behalfe, and therewithall calling to his minde, that he had &c. a kinsman and cosin called &c. being of &c. vnto whom your said oratrices husband, for the vicinitie of bloud, and abilitie of sub∣stance, was bolder to make his mone for helpe of this his aduersitie, then vnto anie other. But (farre contrarie to his expectation, and a∣gainst all humanitie) whence your said Oratrices poore husband loo∣ked for most succour, thence he receiued, not onely least help, but also most hurt. For the said &c. well perceiuing thaduerse estate that your Oratrices poore husband was, and is in, which was the greedinesse of the Marchant for his money, thernest thought and care of your poore Oratrix, and her poore children, and the great desire that her said poore husband had (as any man would) of liberty, and discharge of trouble, would by no meanes promise his helpe vnto her said poore husband

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herein, vnlesse he would be content to bargaine and sell all his lands, amounting to the yearely rent of &c. vnto him the sayd &c. for an An∣nuity of xx. li. sterling to him, during his life, and for the summe &c. whereo•• &c. to be paide in hand, whereunto your said poore Oratrices husband, through the constraint of his saide case, was compelled to agree, and to seale such writings as the saide &c. not long after hee brought to him Indentures cōcerning the bargaine, nothing doubting of &c. being his cosin, but that they would haue sealed to none other, but onely such as conscience would stand with, at which time the same &c. neither paide nor profered any peny of the said &c. according to his couenant, with delay of paiment, both against his promises and couenant: After her said poore husband had studied vpon, and there∣withall read ouer the couenants comprised in the saide Indentures of this bargaine, which indeede (most honorable Lord) were so par∣cially deuised for the behoofe of the said &c. and againe, so sore against your saide poore Oratrices husband, as (if the bargaine had taken effect) had bin to the vtter vndoing of him and her, with all their heires for euer, your saide poore Oratrices husbande, taking hold on the point that the said &c. paied not the foresaide &c. did at their next meeting, renounce and say, that he would not stand to the saide coue∣nants and bargaine, whereunto the said &c. partly acknowledging in that he had not paide nor profered this &c. saide before sufficient witnesses here ready to be sworne, he was contented, howbeit he said, that your saide Oratrices poore husband should pay for the making of the writings: For the payment whereof her said husband, as then hauing no great store of mony, was faine to giue him a gold Ring in pledge, to pay the scribe for writing of the same: All this notwith∣standing (most honourable Lord) and that you said poore Oratrices husbande, hath often and sundry times since by many waies & meanes required the same writings, cōcerning the said bargaine of the said &c. he against all naturall loue and humanity, nothing more coueting, then the extreame destruction of her, and her saide poore husband, and well perceiuing how farre he is now vnable to helpe himselfe, hath vtterly denyed to render the same, and yet doth, contrary to all conscience, equity, lawe or right: In consideration whereof, may it like your honourable Lordship, of your accustomed pity, to call the said &c. before you, together with the husband of your saide poore Oratrix, and there to will him to deliuer the saide writings againe to her husband, if it shall so seeme good vnto your honor, or els to shewe sufficient matter why hee shoulde keepe the same. And your said Oratrix, with her poore husband, and their poore children shall pray &c.

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A bill of a title of Copyhold lands, praying an Iniunction.

HVmbly complayning &c. your daily Orator W. S. otherwise [unspec A] * 9.76 named W. T. of L. cosin and heire of I. S. otherwise called I. T. while he lyued &c. That whereas your said Orator at your Lordships last being at &c. did exhibit vnto you a certaine bill of complaint, men∣cioning therein that the foresaid I. S. otherwise called I. T. in his life time was seised, of and in certaine Customarie lands & tenements, that is to say, of, and in &c. holden by Copie of court Roll of the manor of &c. at the wil of the Lord of the said manor, according to the custome of the same manor, of which one T. L. then was, and yet is Lord, And that the same I. S. so being seised of the premisses, afterwards of like estate died thereof by protestation seised, after whose death the said &c. with the appurtenances, and the right, title, vse, possession, and inheri∣tance thereof discended and came, and of verie right ought to discend and come vnto your said Orator as cosin & next heire of the said I. S. that is to say, as yongest sonne of I. yongest sonne and heire of the same I. S. according to the auncient custome of the saide manor. And that your saide Orator had often and sundry times desired and prayed the said &c. that with lawfull warning vnto the tenants of the said Lord∣ship, a Court might be holden at the saide manor, by whose inquirie, the title of your said Orator might be presented and found in the pre∣misses, according as both iustice, right, and good conscience do require: Hawbeit most honorable Lord, that notwithstanding, for asmuch as the same &c. hath kept the premisses in his owne handes these many yeares past, and the profites and issues thereof comming, hath by the same space to his owne proper vse receiued & taken, and yet doth, your said poore Orator could neuer get the same &c. to hold a Court there, minding thereby vtter disheriting vnto your said poore Orator, of, and in the premisses: Vntill such time as your saide must honorable Lord∣ship, moued with your accustomed loue to Iustice, and pitie towards pouertie, vouchsafed to graunt your benigne letters directed to the said &c. willing him thereby with lawfull warning giuen vnto the tenants of the said Lordship, to summon and keepe a Court at the saide manor, for the triall of the right of your saide Orator in the premisses, vpon the receipt of which letters, the saide &c. summoned and kept a Court at his said Manor of &c. whereat vpon the open and plaine de∣claration of your said Orators title, together with the examination of diuers witnesses, brought in by your said Orator, for the due proofe of the said title in the premisses: And further, vpō the shewing of such sub∣stanciall and anncient euidences maintayning the same, the Homage therewith charged and sworne did present & sind at the said &c. (before

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I. S. Steward of the same Court) that the foresaid I. S. was posses∣sor, and held the premisses by Copie of court Roll, according to the cu∣stome of the said manor: And that also your said Orator was cosin and heire to the said I. S. according to the custome of the manor: that is to say, sonne of I. yonger sonne of &c. as by the Copie of the same court Rols ready to be shewed more plainly may appeare vnto your good Lordship. After which presentment at the same Court, it was agreed betwixt the said Steward, in the name of the said &c. and your said Orator, that if the said &c. would not declare and show vnto your said Orator, or to his learned Counsell at London, within one Terme then next insuing, a better title and interest to the foresaid premisses, then your said Orator had then and there already proued, that then your saide Orator should haue and inioy the premisses to him, and to his heires, according to right, equitie, and good conscience, and according to the custome of the said manor. But so it is (most ho. Lord) that al∣though the said &c. as he cannot, so hath he not by the said space prooued any maner of title, or colour of title to the premisses, but onely with such and like fraudulent delayes, he intendeth to weary your said Ora∣tor from the obtaining of the premisses, and if he can, disherite him from the same: Wherefore, may it &c. of your accustomable goodnes alwayes to pouertie extended, to graunt vnto your said Orator, the Q. most gracious writ of Subpena, to be directed to the said &c. commaun∣ding him by the same, not onely to appeare personally before your good Lordship in the high Court of Chauncery, at a certaine day, and vnder a certaine paine by your good Lordship therein to be limitted: but also to permit and suffer your said Orator peaceably to haue, hold, occupie, possesse, and inioy the premisses aforesaid, and the profits and issues of the same, vntill such time as the same &c. hath duely approued better Title to the premisses, then he hath heretofore done. And your said poore Orator shall &c.

A bill of complaint for Debt without especialtie.

IN most humble wise sheweth and complayneth vnto your good [unspec A] * 9.77 Lordship, your daily Orator and poore bedeman I. G. of H. in the countie of D. That where the said I. G. by way of prest, at the feast of Pentecost, in the xxxiiii. yeare of the raigne of our Soueraigne Ladie the Queenes Maiestie that now is, did deliuer vnto one W. L. late of H. in the said countie of D. the summe of xviii. pound, of lawfull money of England, to be paied vnto him at the feast of Saint A. then next in∣suing, before which day the said W. L. by his last will and Testament, constituted and made one E. then his wife, his executrix, and dyed, and left vnto the said E. then his executrix, of his owne proper goods (all

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his debts paied) the summe of one hundred pounds, of whom your said Orator sundrie and many times hath required payment of the said xviii. pound, which to content and pay, the said E. did neuer vtterly denye, but did require respite for the payment of the same, and before the saide E. did content and pay any penie of the said xviii. pound the said E. in her death ded, by her last will and testament, did constitute and make one I. S. her sonne her executor, and dyed, and left to him sufficient of the goods of the saide W. for the contentation and pay∣ment of the same xviii. pound, and after dyed, sithence whose death the saide complaynant, dayly, sundrie, and many times required the saide I. S. to content and pay vnto him the saide summe of xviii. pound, which to do, he hath at all times refused, and yet doth, contrarie to right and good conscience, to the vtter vndoing of your poore Orator foreuer. And for because your Orator hath no specialtie, whereby he should charge the Executor or the Executrix of the saide W. L. he is therefore without remedie by the order of the common Law of this Realme, and is like vtterly to loose the saide xviii. pound vnlesse your gracious fauour be to him shewed in this behalfe: In tender conside∣ration whereof, it may therefore please your good Lordship (the pre∣misses considered) to graunt the Queenes writ of Subpena, to be di∣rected to the saide I. S. commaunding him by the same personally to appeare before your good Lordship, in the Queenes most gracious Court of Chauncerie &c.

The answere of the same Bill for xvii••. poundlent without specialtie.

THe saide I. S. by protestation not knowing that the saide Com∣plainant [unspec A] * 9.78 did deliuer the saide W. L. in the saide bill named, the summe of xviii. pound, or any part thereof by way of prest, as in the said bill is surmised: He further saith, that the said bill of complaint is vncertaine and insufficient in the Law to be answered vnto, and much of the matter therein contained, is fained and imagined, for vexation and trouble of the saide I. S. notwithstanding, the aduantage there∣of to him at all times saued: The said I. S. for further answere vn∣to the saide bill, sayth, that long time before the saide E. L. was consti∣tuted and made Executrix vnto the said W. L. the said E. was maried vnto one R. S. father of this defendant, by the space of twentie yeares and more, which said R. S. by his last will and testament, constituted, ordeyned, and made the said E. and the said I. S. his Executors, and dyed, and left to the order and disposition of the said Executors, goods and cattles of his owne, to the value of two hundred pounds sterling

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and aboue. All which goods and cattels for the most part of the same, being and remayning in the hands and custodie of the saide E. she the same E. married and tooke to husband the said W. L. which saide W. after the marriage had betweene him and the said E. did mispend, wast, and consume of the said goods and cattels late of the same R. S. to the value and summe of 140. ••••sterling and aboue. And after the said W. L. by his last will and Testament ordeined and made the saide E. exe∣cutrix thereof, & died a verie poore man, hauing no maner of goods nor cattels at the time of his death of his owne, to the value of twentie shil∣lings sterling. And afterward the said E. by her last will, ordeined this defendant executor thereof, and died, sithen whose death there hath not come to the hands of this defendant of the goods late of the said W. L. to the value of 20. shillings sterling, without that, that the said W. L. at his death left vnto the saide E. of his owne proper goods, to the summe of an hundred pounds, ouer his debts paid, or yet the summe of twentie shillings sterling, or that the said E. after the death of the said W. L. did euer consent or agree to pay the saide eighteene pound vnto the said complainant, or did require him to respite the paiment thereof, or that the said E. at the time of her death, left vnto the said defendant sufficient of the goods of the saide W. L. for the contentation and pay∣ment of the saide 18. ••. as in the sayde bill of complaynt vntruly is sur∣mised. And without that, that any other thing comprised in the saide fained bill of the aforesaid I. S. which is materiall to be answered vn∣to, and in this answere not confessed, auoided, or trauersed, is true. All which matters &c.

A bill of Complaint vpon certaine griefes, requiring a writ of Certiorari.

IN most lamentable wise sheweth vnto your good Lordship, your [unspec A] * 9.79 dailie poore Orator I. W. of London, That where one A. H. of London aforesaide Marchant Taylor, borowed of your saide Orator twelue pounds sterling, to be paied to the said &c. at a certaine day be∣tweene them agreed, which day was expired, and the said summe of money not payed, wherfore the said A. for that he had not ready money, desired your suppliant, to take a certaine white broad cloth in pawne, containing fortie yards, cut in peeces, for the saide twelue pounds, which cloth was sold and deliuered to your saide Orator by a Bill of sale, wherein the said A. H. standeth bound, with Condicion in the same hill declared, That if the said Cloth were not redeemed by a day cer∣taine in the said bill limitted, that then the same cloth to be to the only vse of your saide Orator, for contentation and whole payment of the

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said twelue pounds. Since the which time the saide A. counselled your said Orator to put forth the said cloth to one L. M. of London Shere∣man, to be died of seuerall colors for his most profit, by the meanes whereof, the said W. was contented to take the saide broad Cloth for the payment of the saide money, and afterward the saide cloth was de∣liuered to the saide L. M. and within sixe dayes after the deliuery of the saide Cloth to the saide L. one R. M. Spaniard affirmed a plaint of debt against the saide A. and according to the custome of the Citie of London, hath caused Attachment to be made of the saide broad Cloth, as debt due by the saide A. vnto the saide R. whereas the saide Cloth is your saide Orators: Notwithstanding by reason of the saide Attachment, your saide Orator retayned Counsaile in the Guildhall of London, where the matter was at an issue, whereupon the Iurie was impanelled, since the which time for the space of three Court dayes, your saide Orator did giue attendance there to haue the saide matter heard, and the saide Plaintife and Counsaile would not suffer the saide Iurie to appeare, so long as your saide Suppliant did apply and pursue his cause with effect herein. And for that the said R. and his counsaile would not proceede in his said action, your said Orator supposed, that it should no more be called vpon, by occasion whereof your Orator being about his businesse in the countrey, in the meane time, the said L. M. with his Counsell (hauing knowledge that your said Orator was out of the Citie, and in the Countrey) instantly la∣boured the Iurie to appeare in the absence of your saide Orator, and by their subtiltie and craft, the saide Iurie did appeare, and passed a∣gainst your saide Orator, contrarie to all right, Lawe, and good con∣science, which shall be to the great impouerishment and vndoing of your sayde Orator for euer, vnlesse your good Lordships lawfull fa∣uour and succour be to him shewed in this behalfe. In consideration whereof, might it therefore please your good Lordship to graunt the Queenes writ of Cerciorari to be directed to the Maior and She∣riffes of the Citty of London, commanding them and euery of them by vertue of the same, to certifie before your good Lordship in the Queenes most honorable Court of Chauncery, at a certaine day by your good Lordship to be limitted, the saide attachment, and all the matter concerning the same, and to examine the said matter, and all the whole circ*mstance thereof, and to stand to such order and directi∣on therein, as shall stande with right, equity, and good conscience. And your said Orator shall pray to God for the preseruation of your good Lordship long to continue.

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A Bill where a Iurie hath passed in a matter wrongfully praying a Cerciorari.

IN most humble wise sheweth and complaineth vnto your most Ho∣norable [unspec A] * 9.80 good Lordship, your poore suppliant and continuall Orator P. of W. of the Citty of L. Broker, that whereas one A. M. of the said Citty Marchant stranger, within the saide City was possessed of, and in certaine linnen clothes, to the valew of xx. pound sterling, and to your poore suppliants knowledge then, and as yet as of his owne meere proper goods and chattels, and so thereof being possessed, the same within the said Citty deliuered to your poore Orator being a Broker, safely to keepe and to sell and marchandise by the discretion of your poore suppliant, to the vse of the said A. by force whereof your Orator made sale thereof to certaine persons within the same City, and the mony, goods, and marchandises thereof receiued and taken, deliuered vnto the said A. And so it is right honorable Lord that after and since the sale thereof made, one I. S. Marchant stranger, pretending a pro∣perty in the foresaid linnen clothes, hath commenced an action vpon his case against your poore suppliant in the Guildhall, set and being within the foresaid City before the Sherifes thereof, and thereupon hath declared that the saide I. should haue lost those goods, and that they came to the hands and possession of your poore suppliant within the said city by way of trouer. And furthermore that your poore Orator was sundry times required to make deliuerance thereof to the said I. and that refused, and the same afterward sold, and the mony thereof re∣ceiued conuerted to your orators vse, to which matter one I. D. your poore suppliants atturney, rashly without aduisem*nt or counsell therein taken, said that your poore orator did not sell the said clothes, nor any part thereof, and vpon the same matter, whether any sale there∣of was made by your suppliant or not, an issue was taken, and the Iurie tried, sworne, and charged, found a sale made by your poore orator of the saide clothes (as the truth was) nothing regarding to whom the property of the saide goods was at the time of the sale thereof made, because of the plee so vnaduisedly pleaded, it was confessed in point of iudgement, the property thereof to be in the said I. T. and so it is, right honorable Lord, that the said atturney might haue taken an issue that your said orator sold no clothes of the saide I. because of trueth the clothes were the proper clothes of the said A. and not the clothes of the said I. and so the Iurie should haue tried in whom the propertie was, and because the property was not put in issue, the Iurie had no war∣ranty to enquire thereof, and in case they had bin the clothes of the said I. as they were not indeed, your poore orator ought not by the order of

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the law to haue bin charged, because they were deliuered to your Ora∣tor by the hands of the foresaide A. to sell, and your Orator did accor∣dingly. And the money, goods, and March andizes thereof receiued, de∣liuered to the said A. and so if any trespas or wrong was done to the said I. it was done by the saide A. and not by your saide Orator, against whom the saide I. may take his action. For your poore Orator at the time of the saide action commenced, neither had the saide goods in his possession, ne any other things in lieu or consideration of the same goods. And also there is a custome within the saide Citie, that if any Vpholster or Broker sell any goods within the same citie to any person or persons of the same citie vpon the deliuery of any person, for, or at the request of him hauing witnesse of y^• deliuerie thereof to him made, or bring out the partie who deliuered them vnto him, not being himselfe particeps criminis, should be discharged and not dampnefied, for that his offence doing in making sale thereof. And also by the order of the common lawes of this Realme, a man comming immediatly to the pos∣session of the goods, not being partie to the first wrong, shall not be charged in an Action of trespas, which matters, or any of them, if they had bin pleaded, had bin a sufficient matter of barre, and because they were not pleaded, your poore suppliant could not be receiued to giue them in euidence to the Iury, and so your poore Orator is like to pay vnto the said I. the value of the saide clothes, the said I. hauing no pro∣perty, right, nor title to the same, vnlesse your most ho. Lordships fauour be shewed herein: In consideration whereof, it may please your most ho. Lordship the premisses tenderly considered, to graunt the Kings most gracious writ of Cerciorare, to be directed to the Shirife of the saide City, commaunding them, and euery of them to certifie before your good Lordship the whole record of the premisses depending be∣fore them, or either of them in the Kings most gracious court of Chauncery, at a certaine day by your good Lordship to be limitted, and therein further to proceede, and further to graunt the Queenes most gracious and speedy writs of Subpena to be directed to the said I. com∣manding him personally to appeare before your good Lordship in the said court of Chauncery at a certaine day, and vnder a certaine paine by your good Lordship to be limitted therein, to stand to &c.

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A bill contayning that the plaintife taking vp of a Mercer vpon his credit Silks and Veluets, put his hand to the debt booke of the parcels of the said Silks and Veluets, witnessing his debt for the same: and afterwards the plaintife for the better securitie of his saiddebt made him a bill of his hand for the same debt: and that the plaintife afterwards at the desire of the Mercer procured his eldest brother to become bound to the saide Mercer for the payment of the plaintifes saide debt vpon the Mercers promise to take no aduantage thereof vntill after the death of the plaintifes father. Afterwards the Mercer dyeth intestate, and the administration of his gods is committed to R. A. by a practise of the Mercers creditors. The administrator bringeth an accion of debt a∣gainst the saidplaintife vpon his said bill of debt: and also threatneth to sue the plaintife and his brother vpon the said booke of parcels, and the bond: and then sheweth that he tendred the debt to the Admini∣strator, who refused the same, and so prayeth proces.

To the Right Ho. Sir Io P. Knight, Lord Keeper of the great Seale of England.

IN most humble wise complayning sheweth vnto your Ho. Lordship [unspec A] * 9.81 your daily Orator T. D. Gentleman: That whereas your Orator being of late seruant in houshold to the right Ho. Sir C. H. Knight of the most noble order of the Garter deceassed, late Chancellor of Eng∣land, hauing then small maintenance from I. D. of D. in the Countie of C. Esquier his father, did make his estate knowne to one N. B. of Lon∣don Mercer now deceassed, being your said Orators very neere kins∣man, who was content to giue your said Orator credit for diuers par∣cels of Silks and Veluets, at sundrie times amounting in the whole to the somme of 22. l . or there abouts, for the which your Orator did sub∣scribe his hand to the debt booke of the said N. B. wherein the said par∣cels of Silks were set downe vnder the same parcels witnessing the said debt. And at an other time after that, your saide Orator did seale and deliuer vnto him a bill of your Orators hand for his better securi∣tie of the payment of the said debt. And afterwards because your Ora∣tor was but a yonger brother, the said N. B. desired your Orator to procure his eldest brother P. D. sonne and heire apparant of the saide I. D. for the better securitie of the said debt to become bound to the said N. B. by Obligation for the payment of the said debt, promising neuerthelesse to take no aduantage of the said Obligation, nor to put the same in suite during the life of the said I. D. whereupon the said P. D. at your Orators request did become bound to the said N. B. by Obligation accordingly, and your Orator did then seale and deliuer to the said P. D. his brother a Counterbond to saue him harmelesse from

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the said Obligation. So as the said N. B. by the seuerall meanes afore∣said had three seuerall kinds of assurances or specialties for one and the selfesame debt, that is to say his debt booke subscribed with your Ora∣tors hand, a bill of debt sealed and deliuered vnto him by your Orator, and an Obligation sealed and deliuered vnto him by the saide P. D. And now so it is if it may please your good Lordship that the said N. B. is lately deceassed, after whose deceasse the administration of his goods and cattels is committed to one R. A. an vnknowne person that cannot be found whose name is but vsed by others in all vnconscio∣nable suits. For if it may please your good Lordship, R. S. Alderman of London, R. W. and F. S. pretending themselues to be creditors of the said N. B. hauing procured the said bill of debt and obligation to be set ouer vnto them, haue thereupon not onely commenced suit in the Queenes Maiesties Court of Common Pleas at Westminster, in the name of the said R. A. as administrator of the goods and cattels of the said N. B. against your said Orator vpon his said bill of debt of 22. l . but also do threaten to commence one other suit against your said Ora∣tor vpon the said debt booke, and alike suit against the said P. D. vpon the said Obligation. And albeit your said Orator haue diuers and sun∣dry times offered and tendered to pay the said debt of 22. pound to the said administrator, with such reasonable costs and expences as hath bin by him expended, and bestowed in the said suit at the Common lawe, and is ready to pay the same. Yet neuerthelesse the said R. A. R. S. R. W. and F. S. do refuse to accept thereof. And the said R. S. &c. do very hotely prosecute the said suit at the commonlawe in the name of the said R. A. contrarie to equitie and conscience, and do procure and cause the saide R. A. to absent himselfe so as your saide Orator cannot tell where to finde him to deliuer vnto him any proces to compell him to answere to his said vnconscionable dealing, and yet the said suit at the Common lawe is still prosecuted in his name by the meanes and procurement and at the costs and charges in lawe of the said R. S. &c. or by some of them who haue procured the said debts to be assigned and set our vnto them as is aforesaid. In consideration whereof, and for that it is against all conscience to take aduantage of the said treble as∣surances made for one selfesame debt: And for that your said Orator is remedilesse therein by the due course of the common lawes of this realme, and for that your said Orator is readie to pay the principall debt being 22. pound, together with reasonable costs of suit. May it therefore please your good Lordship to graunt vnto your said Orator the Queenes Maiesties most gracious writs of Subpena to be directed to the saide R. A. R. S. &c. commaunding them and euery of them to appeare personally before your good Lordship in her Maiesties high

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court of Chauncery, at a certaine day, and vnder a certaine paine there∣in to be by your good Lordship limitted, then and there to answere to the premisses, and to stand vnto and abide such further order and di∣rection therein as to your good Lordship shall seeme to stand with iustice and equitie, and your said Orator shall dayly pray &c.

A bill contayning that a Widow seazed in fee of three messes &c. thereof enfeoffed diuers persons in fee for the performance of her last will and testament, and by the same she deuised the said measses &c. to her sonne in taile generall with diuers remainders ouer and dyed, That the deui∣see dyed, hauing issue the plaintife. That the feoffment and will is come to the defendants hands. That by cullour thereof he hath entred and expulsed the plaintife, and hath made diuers 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 [unspec A] * 9.82 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 appurte∣nances, 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 testa∣ment of the saide R. G. and by the same her will deuised all the premis∣ses 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 pre∣misses 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.

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of S. aforesayde in the sayde Countie yeoman, who by cullour of ha∣uing of them, hath not onely entred into the premisses, and there∣of 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 pr••misses, to your Orators vtter vndoing, and dis∣inheritance for euer. And for as much as your sayde Orator kno∣weth not the certayne number, nor the dates and contents of the sayde Euidences, Charters, Escripts, or Miniments, nor yet where∣in the same be contayned, whether in bagge, or boxe, sealed, or vn∣sealed, 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 ten∣der consideration whereof, may it please your good Lordship, the pre∣misses 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 perso••••lly to appeare before your good Lordship in the Queenes Maiesties high court of Chauncerpe at a short day, and ••••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 apper∣tayne. And your said poore Orator shall dayly pray as ••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 he••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 Ora∣tor [unspec A] * 9.83 I. S. of Lincolnes I•••••• Ge••••, sonne and heire of I. S. of D. within the Countie of •• 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 Eli∣zabeth then his Wife, and nowe Wife to B. P. his sole execu∣trix, and shortly after dyed, possessed of the premisses as aforesayde

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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 ac∣cordingly. 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 posses∣sed 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 imme∣diatly after the death of the saide I. S. your saide Orator did inconti∣nently 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 redeliue∣rie made by your said Orator to the said E. as aforesaid the said E. hath taken to husband one B. P. Gen••, by reason whereof all the said goods, cattels, and other the premisses were and did come after the said enter∣mariage 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 afore∣saide 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 any satisfaction thereof to your said Orator, and the said B. and E. alwaies sithens the saide enterma∣riage haue refused and yet do refuse to redeliuer the same, or yet to make any satisfaction therefore to your said Orator, notwithstanding many lawfull and gentle requests to you and either of them made in that behalfe by your said Orator contrarie to all right, equitie and con∣science. In tender consideration whereof, and forasmuch as your said Orator doth not know or remember the certaine or precise perticulars or valew of the said goods and cattels which of right do belong to your said Orator, and deliuered by your said Orator as aforesaid, by reason

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of your said Orators then tender age being not then of discretion to haue the custodie and rule thereof, and so remedilesse by the order of the common lawe for the recouerie thereof, or of any part thereof, or to haue any satisfaction made to your said Orator by the said▪ B. and E. or by either of them. It may therefore please your good Lordship the premisses considered, to graunt the Queenes Maiesties writs of Sub∣pena to be directed to the saide B. P. and E. his wife, commaunding them and either of them to appeare before your good Lordship in the Queenes Maiesties most honorable court of Chauncery at Westmin∣ster, then and there to answere to the premisses, and therein to stand to abide and performe such order and direction as to your good Lordship shall be thought to stand and be consonant to equitie and good consci∣ence, and your said Orator shall dayly pray to God for your good Lord∣ship in health and honor long to continue.

A bill (by a noble man) containing that the plaintife tooke vp vpon his credit Veluets and Silks of the defendant at a deere rate, and gaue his owne bond with suerties for the payment of the same: and that after∣wards he tooke vpon his credit of him more Veluets and Silks as the like deere rate, and being within age knowledged a statute staple to the de∣fendant for all his whole debt, vpon his promise to deliuer to the plain∣tife his obligation which he had made for his first debt to be cancelled, the plaintife allowing interest to the defendant for the forbearance, not∣withstanding the deere prices and rate he bought the stuffe at for which the said debt grew, and then sheweth that he paid not his debt at the day contained in the statute staple, and that the defendant threatneth not only to sue the said bond, but also to sue execution of the said statute a∣gainst him, and prayeth deliuerie or release of his obligation and proces against the defendant to answere the bill.

To the Right honorable Sir Christopher Hatton, of the most noble order of the Garter, Knight, Lord Chaun∣cellour of England.

COmplayning sheweth vnto your good Lordship E. S. Lord D. [unspec A] * 9.84 That whereas he the said Lord D. during such time as he was vn∣der the age of 21. yeares at sundrie times had and bought of one I. L. Citizen and Mercer of London diuers parcels or peeces of Veluet, Silke, and such like at excessiue prices, and not hauing then readie mo∣ney to pay for the same, the saide Lord D. together with one R. S. Gen•• and others did enter into sundrie bonds to the saide I. L. for the payment thereof at seuerall dayes after, alwayes allowing vnto the said I. L. ouer and besides the excessiue prices which he was to pay for

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the same Veluets and Silks further consideration, or rather as it may be said vsurie for the forbearing thereof till the time of payment. And afterwards the said Lord D. during the time of his minoritie afore∣said, had and did buy other parcels of Veluets, Silks, and such like of the said I. L. at like excessiue prices, which likewise the said Lord D. did not then pay for the prices or summes of money whereunto the said parcels of Veluets, Silks, and such like lastlie had and bought af∣ter the like excessiue prices and rates, together with the saide prices or summes of money before due for the other parcels formerly had and bought by the said Lord D. together with cōsideration or rather vsurie for the forbearing of and for the payment thereof till a certaine time then agreed vpon betweene the said Lord D. and him the said I. L. did amount & come to the summe of 500. pound, for the payment of which said summe of 500. pound at the time agreed vpon he the said Lord D. at and vpon the motion, meanes and intreatie of the said I. L. did du∣ring the time of the minoritie of him the said Lord D. become bounden by one statute staple vnto the said I. L. in the summe of one thousand pounds of good and lawfull money of England, taking the word and promise only of the said I. L. to deliuer vnto him the said Lord D. or his saide sureties the saide bonds which before he the said Lord D. and his said suerties had entred into to the said I. L. or otherwise that he the saide Iohn should and would cancell and make voyde the same, so as thereby or by reason of any of the saide bonds the said Lord D. nor any of his saide suerties should be in any wise sued, vexed, troubled, or char∣ged. But now so it is, and it may please your good Lordship, that the said I. L. although he hath beene thereunto in most gentle and friendly manner earnestly requested and desired by the saide Lord D. the saide R. S. and other the saide sureties of the said Lord D. to deliuer vnto them the said bonds to by them made, and entred into the said I. L. as is aforesaid, or otherwise to cancell and make voyd the same, yet that to do the said I. L. hath vtterly refused and denyed, and still doth denye and refuse to do the same. But contrary to his saide word and promise as aforesaid made and giuen vnto the said Lord D. for the redeliuerie thereof, or otherwise to cancell and make voyd the same bonds, doth now dayly threaten to put the same in suit at the Common lawe, a∣gainst the sureties of him the said Lord D. or else alreadye hath so done contrary to all right, equitie, and good conscience. And be∣sides this, because the sayd Lord D. did not pay vnto hym the sayd I. L. the sayd summe of fiue hundred pound at the time limited for the paiment thereof, which in very trueth he the said Lord D. could not well do vnlesse he should haue made sale of his lands to his great disho∣nour and losse. And notwithstanding that he the saide Lord D. hath

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sought and made meanes to the saide I. L. to compound with him in some reasonable sort, and to accept his money at reasonable dayes, such as he the said Lord D. could and might be well able to satisfye and pay the same, the rather considering his great interest allowed in recom∣pence for the forbearing of time, and giuing day of payment and the excessiue prices for which he sould the same Silks, Veluets, and such like to the said Lord D. yet he the said I. L. hath done and dayly doth seeke and go about to sue execucion, and to take the benefit of the said Statute of one thousand pounds against the said Lord D. contrarie to all equitie and good conscience. The premisses therefore tenderly con∣sidered, and for as much as the said Lord D. the said R. S. and others the said suerties of him the said Lord D. or any of them, cannot pleade any good or sufficient plea in auoydance or discharge of the said Bonds and Statutes, nor of any of them, whereof the said I. L. most vncon∣scionably seeketh and goeth about to sue, procure and take the penaltie, execucion and forfeiture against him the said Lord D. and his sureties by the ordinarie course of the common lawes of this Realme, and the rather, for that also the said Lord D. is and will be readie for the fur∣ther discharge of the said K. S. and others his said sureties, to satisfye and pay vnto him the said I. L. the said summe of 500. pound at such dayes and times, and in such maner and forme as to your good Lord∣ship shall in equitie and right seeme meete and conuenient. It may therefore please your good L. to graunt her Maiesties most gracious writ of Subpena, to be directed to the saide I. L. commaunding him thereby at a certaine day, and vnder a certaine paine therein to be limi∣ted, personallie to appeare before your good Lordship in her Maiesties high court of Chauncerie, then and there to aunswere to the premisses, and to shew cause why he the said I. L. should not redeliuer the saide bonds to the saide Lord D. and his saide sureties, or else to cancell and make voyd the same, or otherwise thereof to release, discharge, and saue harmelesse the saide Lord D. his said sureties, as in right and equitie it behoueth: and further to stand to and abide such order and direction therein, as to your good Lordship and the said honorable Court shall seeme best to stand with equitie and good conscience.

The Aunswere of I. L. defendant to the Bill of complaint of Ed. Lo. D. complaynant.

THe said defendant by protestation not acknowledging or confes∣sing [unspec A] * 9.85 any matter or thing in the saide bill of complaint conteyned materiall for the said debt to be answered vnto to be true in such maner and forme as in and by the said bill of complaint is set forth & alledged. For aunswere saith that the said complaynant about foure yeares past

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at seuerall times had and bought of the said defendant diuers parcels of Silks, Veluets, and Wares, amounting vnto the summe of 159. pound foure shillings fiue pence, or there abouts, all which parcels the said defendant did sell vnto the said complaynant for and at reasonable prices, considering the dayes of payment, and for the true payment of some part of the said summe, he the said Lord D. together with the said R. S. in the said bill of complaynt named, and one D. C. being then the said complaynants seruants, did become bound to the said defen∣dant by two Obligations which they forfeited. And long afterwards that is to say in the month of May 1588. the saide Lord D. hauing oc∣casion to vse other necessaryes for himselfe and his Wife, and hauing deteyned the aforesaid summe of 159. pound foure shillings fiue pence from the defendant a long time did in the said month of May 1588. in respect of the said time past allow the sayd defendant for considera∣tion but 26. pound 13. shillings. And in the said moneth of May the saide complaynant at his earnest request had a new supplye of wares amounting to 73. pound fifteene shillings foure pence, and did then accept of and acknowledge certayne parcels had to his vse by the sayd Christoferson, to the value of 3. l . 17. s̄. 9. d . which foure summes do amount to 255. pound, for all which said debt the complaynant gaue his owne Obligation to the said defendant endorced with condition for the payment thereof the 24. day of Iune 1588. After which bond for 255. l . taken & before the same was due, viz. about the last day of y^• said month of May 1588. the saide complaynant standing in neede both of money & other necessary furniture for himselfe, his wife, & house, ear∣nestly did intreate the said defendāt to lend vnto him the said complay∣nant the summe of 50. l . in readie money, which he protested to be for prosecuting an earnest suit he had against one Sir I. L. Knight, as this defendant remembreth, which although y^• said defendāt could then per∣forme hardly, yet he the said defendāt made meanes for so much money, & did lend the same 50. l to the said complainant for 12. moneths, vpon allowance of 5. l . for the same for the said time & no more. And also fur∣ther did most earnestly desire & intreat him the said def. to sell vnto him so much Silks, Veluets, & Wares to furnish his then present want, as should make the foresaid summe of 255. l . by his bond, & the 50. l . lent in ready money, with the 5. l . for interest therof as aforesaid, amounting to the summe of 503. l . and thereupon the said def. deliuered, & caused to be deliuered to the said p l or his assignes about the said last day of May & in Iune following the said Silks, Veluets, & Wares at reasonable prises, cōsidering the time he gaue for paymēt of his money due for the same to the value of Clxxxx. l . 17. s̄. 4. d . which made vp all the former summes 500. l . 17. s̄. 4. d . And for paiment of the said summe of 500. l .

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parcell of y^• said debt of 500. l . 17. s̄. 4. d . the said compl did knowledge to the said defend a recognizance or bond obligatorie of the nature of a statute staple of 1000. l . in the said bill of compl mencioned, vpō which statute knowledged the said defend . deliuered to the saide compl to be cancelled the foresaid bond made by y^• said compl to the said defend for paiment of 255. l . And shortly after the knowledging of y^• said statute, that is to say about the space of 4. or 5. weekes after, & long before the time limited for the paiment of y^• said defend principall debt of 500 l . the said compl purposing to defeate the said defend of his said iust & due debt, did pursue a writ of Audita querela, supposing himself thereby to be within the age of 21. yeares, both then & at the time of the knowled∣ging of the said statute, vpon which writ after the same was returned into the court of common pleas, & before the said defend had notice or vnderstanding of the same, the said compl and others the solicitors of the cause after y^• he was inspected & viewed by the Iustices of the same court, did produce or cause to be produced 2. persons or witnesses before the said Iustices to be deposed that the allegacion & surmise of the said Audita querela was true, viz. that the said compl was then and at the knowledging of the saide statute vnder the age of 21. yeares, which witnesses were examined and deposed accordingly in the behalfe of the said compl before the said defend had any knowledge or vnderstanding of the said compl proceeding therein, and before any writ or Scirifacias was awarded and taken forth to warne the said defendant of the said suit, as by the saide depositions and proceedings therein remayning of Record in the said court of Common pleas, whereunto the said defen∣dant for certaintie of the time doth referre himselfe more certainely doth appeare, which said suit of Audita querela for the auoyding of the said statute the said complaynant by his solicitors & seruants did most earnestly follow vpon a bare pretence that the said compl wanted some fewe moneths of the age of 21. yeares, for maintenance of which said statute the said defend was called in by proces & did pleade thereunto, after which plea pleaded, and after the said defend had bin drawne into great charges & expences for the defence of the said statute & cause, the said compl and his Councell sollicitors, Attorney, or some of them, see∣ing no likelyhood to preuaile in that course, did become nonsuit, & with∣out any regard had of the penaltie thereof, did faile and neglect to pay to the said defendant his said principall debt of fiue hundred pound at the dayes & times wherein the same was limited & appointed to be paid by a writing of defeazance made between the said compl & defend tou∣ching the penaltie of the said statute, the same daies of paiment or some of them being now expired 18. moneths past and more, and yet the whole debt still vnpaid vnto the said defendant, for payment whereof,

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the said defendant hath and doth keepe the said statute and the first two bonds wherein the saide complaynant with his men are bound as his sureties as aforesaid for payment of part of the said principall debt, be∣ing this defendants own proper goods as both by lawe and conscience the said defendant thinketh he may lawfullie do. And yet neuerthelesse the said defendant further saith, that if y^• said cōplaynant will forthwith pay vnto him the saide defendant the said summe of 500. pound being his principall and iust debt, together with the charges he hath bin put vnto, and consideration after the vsuall rate of ten pound for the hun∣dreth, like as the defendant himselfe doth pay to others for the long time the said defendant hath forborne his said debt, he the saide defen∣dant will forgoe the penaltie of the saide statute, and will deliuer the same statute and the said bonds to the said complaynant, without that that the said defendant did sell vnto the said complaynant any peece or peeces of Veluet or Silke at the seuerall times in the bill mencioned, or any other time or any other thing at any excessiue or vnreasonable price the dayes of payment considered. Or that the said complaynant did ouer and besides the 〈◊〉〈◊〉 price of any such thing allow and pay to the saide defendant any further consideration or vsurie for the for∣bearing thereof till the time of payment otherwise then is before truly layd downe in this aunswere. Or that the saide complaynant and the saide R. S. or any other did enter into any more bounds for any the summes in the said bill mencioned to the saide defendant then such as before are confessed to the knowledge of this defendant. And without that the said complaynant did at the intreatie of the said defendant du∣ring his the said complaynants minoritie enter into the said statute in the bill mentioned to the knowledge of this defendant, but vpon the importunate request and intreatie of the saide plaintife to supplie his wants as aforesaid, the said defendant was content to accept of his said statute, not being able to giue better assurance as the saide defendant required. Or that the said defendant did then or at any other time pro∣mise to the saide complaynant or his said sureties in the bill mencioned any the bonds by them or any of them entred into to y^• said defendāt for or touching the saide debt as he now remembreth or any part thereof, other then the said obligacions which the said defendant did redeliuer to the plaintife to be cancelled as aforesaid, or did promise to cancell or make void the same in manner and forme as in the said bill of com∣plaint is surmised to the remembrance of this defendant. And without that that the said complaynant or any other for him did require the re∣deliuery of the said bonds as this defendant remembreth, or that there is any cause or reason why the said complaynant should make any such request or the said defendant to make any such promise vntill his said

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debt be paid. And without that that the said compl hath or doth seeke to make any reasonable composition with the said defend for or touching the said debt, or any part thereof, but rather hath endeuoured to defeate the said defend of his said debt. And therefore he the said defend hopeth that the said compl shall not haue or receiue any fauour in this hono∣rable Court against the said defend , seeing that the said defend desireth nothing els but his principall, with reasonable recōpence for the great wrong & iniurie the said compl hath done, both in putting him to great charges & expences, & by the long withholding & deteining of the said debt as aforesaid, without that that the said defend hath hetherunto taken or recouered y^• penalties of y^• said statute or bonds, or any of thē, or that the said compl' is or hath shewed himselfe at any time readie to satis••ye the said debt vnto the said defend , or any part thereof in manner & forme as in the saide bill of complaynt is alleaged. And without that that any other matter or thing &c.

A Bill exhibited against a noble man, & against diuers tenants & farmers, and officers of diuers mannors, contayning, that the noble man for his debt due to the plaintif became boūd in a statute staple of 1200 li. and for that the debt was not paid at the day it was due, the plaintife extended diuers manors & lands which the noble man had, and was seased of at the time he knowledged the said statute, and had sould the same before the time of the extent to diuers persons, and vpon a Liberate to the Sherife, had the same mannors & lāds deliuered vnto him to hold in extent till his debt were sa∣tisfied: Afterwards vpon the noble mans suit to the Lord Chaunce llor, and vpō the Lord Chauncellors request to the plaintife he was contented to for∣beare the taking of the profits of the lands extended, & to referre the hea∣ring & ending of the matter touching his debt to two thereunto appointed by the Lord Chauncellor, who heard and ended the matter, the which end afterwards the noble man refused to performe, whereupon the 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, ren∣tals, &c. and would not let him see the same, and that the noble man refu∣sed to suffer the plaintife to enter into the manors & lands extended, or to keepe any Courts, and would not suffer the tenāts to pay the plaintife any of the rents or seruices due for the same manors, or to declare vnto him what the same rents and seruices were. And then the plaintife prayeth that the tenants, occupiers, and farmors of the said manors may vpon their oathes bring forth their leasses, & declare what lands they hold, and what rents & seruices euery of them pay. And that all the defendants may shewe to the plaintife the Courtro••les, rentals, books o•• suruay, field books & terrars in their custodie, and so prayeth proces against all the defendants.

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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 [unspec A] * 9.86 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 Eliza∣beth, 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, bro∣ther of the said Lord Mo. stood indebted & did owe to your said Orator other certaine summes of money, for the paimēt wherof the said Lord Mo. did vndertake, and did make to your said Orator many seuerall & sundrie promises, the which (as yet) he hath in no sort performed. And whereas the said Lord Mo. at the time of the knowledging of the fore∣said 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 Coun∣tie of Norffolke, and of and in the manor of H. with their appurte∣nances in the said Countie of Norffolke: which said mannors & other the premisses aforesaid the said Lord Mo. by lawfull assurance & con∣ueyance 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 pre∣misses 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 know∣ledging 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 appurtenan∣ces in the Countie of Norffolke aforesaid, which said seueral mannors, & thaduousons aforesaid, the said Lord Mo. by like conueyance and as∣surance 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.

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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 exten∣ding into the Townes of N. M. &c. in the aforesaid Countie of Norf∣folke, which said mannor the saide Ed. Lord M. did likewise conuey vnto T. G. Gent̄, and to his heires for euer, to the only vse and behoofe of the said T. G. his heires and assignes for euer. And whereas the said Edw. Lord Mo. was at the time of the saide statute knowledged, and yet is seazed of and in the mannor of A. with the appurtenances in the said Countie of Norffolke in his demesne as of fee, and being indebted to your said Orator as aforesaid, your Orator made sundrie and diuers earnest requests for the getting of the said debt and summes of money aforesaid, and your Orator being by the saide Lord Mo. promised to haue the said debts at diuers seuerall dayes, yet none of them were performed or kept, whereby your Oratour seeing no performance, but was delayed from time to time, your saide Oratour about two yeares sithence sued forth his seuerall writs of Extendi facias directed to the Sheriffs of Norffolke, Essex, Hertford, Sommersetshire, and Yorke, and to the Chancellor of the Countie Pallantine of Lancaster, for the extending of all the mannors, lands, tenements, and hereditaments, within the Counties aforesaid, whereof the said Lord Mo. was seazed the time of the saide statute knowledged, which writ directed to the Sheriffe of the said Countie of Norffolke, was deliuered to one Cle∣ment 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 & char∣ged 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 Chaun∣cery, 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 the said seuerall mannours extended as aforesaid vnto your

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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 appur∣tenances. 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 thappur∣tenances, 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 y^e taking of the issues rents & profits of the said seuerall manors, & other the pre∣misses, & from the molesting of the farmors, tenants, & occupiers there∣of for the same, vntill your ho. Lordship, or some others to be by your Lordship apointed, had heard & determined the cause and reckoning be∣tweene the said Lord M. & your said Orator, whereupon your said Ora∣tor 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, be∣ing thereunto assigned and apointed by your Lordship in fauour of the said Lord Mo. who entred into examination of the premisses in contro∣uersie 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 mo∣ney, and the profits of the said mannors and other the premisses with the appurtenances, whcih were deliuered vnto your said Oratour in

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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 pre∣misses do lye, and there did offer to keepe Courts, and did likewise re∣quire the tenants, occupiers, and farmors of the saide mannors and pre∣misses to render and pay to your said Orator the rents, issues, and pro∣fits then due for the said premisses to your said Orator, and therewith∣all 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 reser∣ued vpon their seuerall estates and interests which be rightfully be∣longing 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. Thur∣stone, Rap. Story, being all Owners, Farmors, Tenants, Occupi∣ers, and Officers of the sayde Mannors and premisses, in whose hands and keeping all the Court Rolles, Rentalls, Leases, and coun∣terparts thereof which touch or concerne the saide mannors and pre∣misses, or any part or parcel thereof be and remaine, Haue confederated together both to defeate your Orator of his lawfull execucion and e∣state in the premisses, and also to defraude and vtterly to take away from your said Orator the rents, issues, and profits thereof, and there∣fore and for that end the saide Lord Mo. &c. did not only denye and re∣fuse 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

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from the benefit of his said execucion against all right, equitie, and con∣science, vnlesse your ho. & accustomed help be vnto him in this behalfe extended. In tender cōsideration whereof, & for that y^e 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 y^e sight of their seuerall Inden∣tures of Lease, as also the Courtrowles, whereby your Orator is with∣out remedy either to recouer any yearely ferme, or other the rents and seruices of the Freehold or Copyhold lands pertaining to the said man∣nors, and for that your Orator hath not the counterpanes of your said Indentures of Lease, neither knoweth the dates of them, nor the cer∣teintie of your fermers reserued, or of y^e rents & seruices due & payable for your said lands, hauing not y^e Courtrowles to shew forth, so as your Orator cannot by y^e course of the common lawes of this realme, make any Auowrie for either the yearely farmes, nor yet for the rents & serui∣ces due vpon & for the foresaid freehold or copiehold lands holden of the said seuerall mannors as aforesaid, nor yet for any other dutie or seruice due for the same, nor can shewe forth the certentie of the lands that the said tenants do seuerally hold. May it therefore please your ho. Lord∣ship that some good order may be by your Lordship set downe, whereby the foresaid seuerall Farmors, tenants & occupiers of the said seuerall mannors, & all the other parties before mentioned, may be inforced to set downe vpō their othes, as also bring forth their seueral Indentures of Leases, whereby your Orator may know the seuerall dates of thē, as also what lands they hold by the same, & by what yerely rents & fermes. And y^e the tenants of the said seueral mannors may likewise be inforced vpon their oathes to set downe what lands they hold of the said seuerall mannors either freely, or by copy of courtrowle, & by what rents, fines, duties, & seruices. As also y^e foresaid Eo. Lord Mo. &c. hauing the custo∣die of any the rentalls, Courtrowles, bookes of suruey, feild bookes or terrors concerning thaforesaid seuerall mannors or any of them, may likewise be inforced to shew them forth to your Oratour, to the intent your Orator may vnderstand what lands, tenements, or hereditamēts, are holden of y^e said seueral mannors or of any of them, & by what rents, duties or seruices the said lands, tenements, or hereditaments are hol∣den by, whereby your Orator may according to equitie & good consci∣ence reape, receiue, recouer, haue & take the yerely reuenews, issues and profits of the foresaid seuerall mannors & euery of them, as in lawe and right belongeth vnto him, & as he ought to do, vntill your said Orator be satis••••ed of the summe conteined in his foresaid statute staple know∣ledged vnto him as aforesaid, w^e his reasonable costs & damages herein susteined, & to thend that al these points may be performed accordingly.

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May it further please your good Lordship to get to your said Oratour the Qu. Ma. most gratious writs of Subpena to be directed to the fore∣said Ed. Lord Mo. Baron of R. &c. Commaunding them & euery of thē thereby at a certaine day, & vnder a certaine paine personally to apeare before your good Lordship in the said ho. Court of Chancerie, then and there to answere to the premisses, & to abide such further order & dire∣ction herein, as to your Ho. shal seeme good to stand with right, equitie, and good conscience. And your said Orator shall according to his most bounden dutie euer pray for the increase and continuance of your good Lordship in health and all honour long to endure.

The ioint and seuerall aunsweres of T. M. H. B. &c. Defendants, to the bill of complaint of I. L. Complaynant.

THe said defendants and euery of them sauing to them and euery of [unspec A] * 9.87 them thaduantage of excepcion to the incertaintie & insufficiencie of the said bill of complaint, say. And first the said T. More for himselfe saith, That he the said T. Moore doth & hath by the space of 2. yeares last past or thereabouts exercised the Office of Baylife of the mannors of H. A. and B. in the saide Bill mentioned, whereof this defendant supposeth T. Lo. Esquier to be seased of some estate of inheritance, and hath in his hands some rentalls of the saide mannors, which this defendant thinketh he ought not to impart to the said complaynant, neyther ought the said complaynant to haue the issues, rents, and pro∣fits of the said mannors as this defendant thinketh, for that as this de∣fendāt hath credibly heard & verily beleeueth it to be true, the said Ed. Lo. M. in the said bill mentioned the day of the date of the said recogni∣zance in the said bill mentioned, or at any time since, was neuer seazed in his demeasne as of fee simple, fee tayle, or freehold, of and in the said mannors of H. A. and B. or any part or parcell thereof, as in the said Bill is vntrulie alledged. But one T. H. was then seazed thereof, who since hath conueyed the same to the said Th. Lo. as this defendant hath heard. By reason whereof y^e said Tho. Lo. ought in this defend opinion to haue the rents, issues, & profits thereof notwithstanding the said exe∣cution, without that this defend is farmor, customarie, or free tenant of any part or parcell of the said mannors or other the premisses in the said bill mentioned, other then of parcell of the demesnes of the said mannor of H. which this defend holdeth by lease for certain yeares yet to come, rendring yerely 5. l . and of the Faires of H. & the profits thereof, which he holdeth for diuers yeares yet to come, rendring yearely 26. s̄. 8. d . and of the sixth part of the Warren of H. which he houldeth for diuers yeares yet enduring, rendring 12. shillings by yeare or thereabouts. And of diuers Freeholds houlden of the mannor of H. by the rents

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of 20. s̄. or thereabouts. And without that that this defendant hath in his hands any Court Rolles, Rentalls, or Leases, concerning the pre∣misses in the said Bill mencioned other then in this aunswere before is mencioned, as in the saide Bill is vntrulie alledged. And without that that this defendant hath vnlawfully confederated with any the per∣sons in the said Bill mencioned, to defeat the saide complaynant of his lawfull execucion and estate in the premisses in the said bill mencioned, as in the said Bill of complaint is also vntrulie alledged. And the saide Henry Blake for himselfe saith, that hee hath exercised the office of steward of the said mannors of H. and B. in y^e said Bill mencioned, and of the mannors of H. in the said Bill likewise mencioned lawfully con∣stituted thereunto as this defendant thinketh by the said T. Lo. being seazed of some estate of inheritance of the said mannors as this defen∣dant supposeth: and that the Court Rowles and euidences concerning the saide mannors are kept in the house of the saide T. Lo. at E. in the Countie of Norffolke, and are not at this defendants disposition, to yeeld vp or impart to the said complaynant otherwise then as the saide T. Lo. shall appoint, whereof this defendant humblie prayeth this ho∣norable Court to haue consideration, without that that this defendant in Farmor or Customarie or free tenant of any part or parcell of y^e said mannors or other the premisses in the saide Bill mencioned, or hath in his hands any Court rowles, Rentals, or Leases, concerning the pre∣misses in the said Bill mencioned other then as in his aunswere before is mencioned, as in the saide Bill of complaint is vntrulie surmised. And without that that this defendant hath vnlawfullie confederated with any person or persons in the said Bill mencioned to defeat the said complainant of his lawfull execucion and estate in the premisses in the saide Bill mencioned, as in the saide Bill of complaint is also vntrulie alledged. And the saide Thomas Aynsworth for himselfe saith, that he hath and doth exercise the Office of Baylife of the manor of S. in the said BIll mencioned vnder and by the apointment of T. B. Esquier in the said Bill mencioned, whome this defendant supposeth to be seazed thereof of some estate of inheritance, and hath in his hands certaine rentalls of the same mannor, which Rentalls this defendant thinketh he ought to dutie to keepe and vse to the benefit and seruice of the saide Tho. B. and to employ the same according to his direction and not o∣therwise. And further this defendant saith, that this defendant is Far∣mor of parcell of the demesnes of the mannor of S. aforesaid, which he holdeth for diuers yeares yet to come, yeelding and paying therefore yearely 14. l . 8. s̄. 4. d . of lawfull money of England. And also holdeth by coppie of Court rowle at the will of the Lord of the saide mannor of Swanton Morley according to the custome of the said mannor, diuers

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lands and tenements within the precincts of the said mannor, and yeel∣ding yearely for the same 40. s̄. or thereabouts, which rents this de∣fendant thinketh are not payable to the plaintife, for that the rents re∣serued vpon Leases made of any parcell of the extended premisses be∣fore the knowledging of the saide statute, are not expressely extended nor deliuered to the said complainant in execucion. But the saide com∣plainant hauing extended and receiued the premisses into execucion as demeane in possession is to stay and expect till he may haue and enioy the same according to his extent, and to the liuerey thereof made vnto him. And further this defendant saith, that the said mannor of Swan∣ton Morley is and at the time of the awarding of execucion, was as this defendant thinketh the inheritance of the saide Th. B. which he then had by purchase from the saide Lord Mo. since the knowledging of the said recognizance. And in asmuch as the saide Lord Mo. at the time of the knowledging of the said Recognizance had and was seazed in Fee simple, Fee taile, or for terme of life, as this defendant is crediblie en∣formed, and partly apeareth by the Schedule of the liuerie of the saide Lord Mo. of and in the mannors of H. in the Countie of Essex of the yearely value of 100. l . or there abouts, and of and in the mannors of F. and Todenhoberie in the Countie of Hertford of the yearely value of fortie pound or thereabouts, and of a certaine yearely rent of thirtie pound or thereabouts going out of the mannor of Shobington in the Countie of Buckingham, and of diuers other mannors, lands, tene∣ments, and hereditamēts, in diuers other Counties of England, which ought to be contributorie to the payment of the saide twelue hundred pound, and therefore the same is vndulie and contrarie to lawe char∣ged vpō the said mannor of Swanton cum Worthinge, which the said Th. B. houldeth as a Feoffee, for which cause the sayde T. B. as this defendant supposeth hath pursued his Sciri facias against the saide com∣plainant in this honorable Court for the discharge of the said mannor of Swanton cum Worthinge from the saide due execucion, and from the recouerie of the issues and profits comming and growing of the same mannor from the time of the said execucion. For which cause this defendant humblie prayeth this honorable Court that the saide com∣plainant may be referred to the Common Lawe to bring his Accion a∣gainst this defendant for the recouerie of the saide rents due vpon such Leases and Coppie holds as this defendant houldeth of the said man∣nor of Swanton cum Worthinge wherein the validitie of the sayde E••tent may be tryed, so as this defendant may know to whom he may pay his saide rents without danger or further trouble. And his defen∣dant is readie to stand to such order as this honorable Court shall a∣ward concerning the shewing vnto the said complainant of his estate

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and terme which he hath of and in any part of y^e said mannor of Swan∣ton cum Worthinge or holdeth of the same and other circ*mstances thereof, without that this defend is Farmer or Customarie or free te∣nant of any other part or parcell of y^e said mannors, or other the premis∣ses in the said Bill mentioned, or hath in his hands any Courtrowles, Rentalls, or Leases cōcerning the premisses in the said bill mentioned, other then as in this aunswere before is mentioned as in the said bill of complaint is vntruly alledged. And without that that this defend hath vnlawfully confederated with any the persons in the said Bill mentio∣ned, to defeate the said compl of his lawfull execucion and estate in the premisses in the said BIll mentioned, as in the said Bill is falsely sur∣mised. And the said Henry S. Iohn for himselfe sayth, that he hath and doth exercise the office of Baylife of the mannors of Hockering &c. in the saide bill mentioned, whereof this defendant supposeth Th. Lo. Esquier to be seazed of some estate of inheritance, and hath in his hands certaine Rentalls of the said mannors, which Rentalls this defendant thinketh he ought in dutie to keepe and vse to the benefit and seruice of the said maister Louell, and to employ the same according to his dire∣ction, & not otherwise. And further this defendant saith, y^e he this defen∣dant is Farmer of certaine demesnes of the said mannor of Hockering whereof he holdeth some part for yeares, & some for life by Lease made by the said Lord Mo. whose estate the said maister Lo. now hath of and in the same, yeelding & paying therefore yearely 30. l . or thereabouts, which rent this defendant thinketh is not payable to the said complay∣nant, for that the rents reserued vpon Leases made of any parcell of the extended premisses before the knowledging of the saide statute are not expressely extended nor deliuered to the said complaynant in execution. But the said complainant hauing extended & receiued the premisses in∣to execution as demesne in possession, is to stay and expect till he may haue and enioy the same according to his extent, and the liuerey thereof made vnto him. And further this defend saith, that the said mannors of Hockering & Northtuddenham are and at the time of the awarding of the saide execution were as this defendant thinketh thenheritance of T. Lo. which he then had by purchase from the said L. Mo. since the knowledging of the said Recognizance. And in asmuch as the said Lo. Mo. at the time of the said Recognizance had & was seised in fee simple, fee taile, or for terme of life, as this defend is credibly enformed, and partly apeareth by the Schedule of the liuerey of the said Lord Mo. of and in the mannors of Halingburie Morley, and Salcot Verley in the Countie of Essex of the yearely value of 100. l . or thereabouts, and of and in the mannors of Furnex and Tuddenhoberie in the Countie of Hertford of the yearely value of 40. l . or thereabouts, and a certaine

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yerely rent of 30. l . or thereabouts going out of the manor of Sho∣bington 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 fa∣cias against the saide complaynant in this honorable Court for the dis∣charge of the said mannors of Ho. and N. from the saide vndue execu∣tion, 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 con∣cerning 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 man∣nor of Ho. or holdeth of the same and other circ*mstances thereof with∣out 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, Ren∣talls, 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 ma∣teriall or effectuall to be answered vnto, and not herein sufficiently an∣swered, confessed, and auoyded, trauersed, or denyed, is to these defen∣dants or any of their knowledges true, All which matters these defen∣dants are ready to auerre and prooue as this honorable Court shall a∣ward, and prayen to be dismissed out of the same, with their reasonable costs and charges in this behalfe most wrongfully sustained.

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A Bill into the Chauncery for detayning of euidences entering into a mea∣dowe 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 [unspec A] * 9.88 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 mea∣dowe and all other the premisses with the appurtenances descended and came and of right ought to descend and come vnto your said Ora∣tor 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 pos∣session 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 Lord∣ship, the premisses considered to graunt a writ of Subpena to be direc∣ted 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 plea∣deth 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

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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, [unspec A] * 9.89 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 pray∣eth to be dismissed, and thaduantage thereof to the said defendant al∣wayes 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. bargai∣ned and soulde the pasture, moore, and meadowe last before remem∣bred 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 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 surui∣uorship, 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 defen∣dant 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 fur∣ther 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. Gentle∣man, &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

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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 sei∣sed 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 dismis∣sed out of the same with her reasonable costs for her wrongfull vexa∣tion sustayned in this behalfe.

The Replication of the complaynant to the Aunswere of one of the defen∣dants (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 re∣demption, 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 suf∣ficient [unspec A] * 9.90 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 com∣playnant sayth as he in his said Bill hath said, that the saide W. I. fa∣ther to the saide complaynant was seised of the premisses in his de∣measne 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 No∣uember, 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

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our Lord God 1534. Neuerthelesse, the said T. H. couenaunteth and graunteth by the said Indenture, that if the said W. I. his heires, exe∣cutors 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 e∣uery 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 law∣fully 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 Fe∣bruary, 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.

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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 procee∣dings therein.

To the Right Honorable Sir Nicholas Bacon Knight, Lord Keeper of the great Seale of England.

HVmblie complayning, sheweth vnto your good Lordship your [unspec A] * 9.91 dayly Orators T. B. of C. in the Countie of D. Clothier, W. M. of L. Grocer, M. G. Merchant, Subiects borne of this Realme of England as well for themselues as for others, subiects borne of the said Realme, and Denizens, Creditors of C. A. of L. Merchantaylor, also a subiect borne of the saide Realme. That whereas the said C. A. vsing and exercising the trade of Merchandize, and seeking his trade of liuing by buying and selling, vpon good and iust cause for wares and merchandize to him sold and deliuered, and also for ready money to him lent, being indebted to your said Orators in seuerall summes of money amounting to the value of 300. pound. And now of late, that is to say, in this present moneth of Nouember, in this xv. yeare of the raigne of our soueraigne Lady the Queenes Maiestie, about the second day of the saide moneth of Nouember, did begin to keepe his house scituate in the said Citie of London, and sithence hath departed from his said dwelling house, and absented himselfe, to thintent to defraude and hinder your saide Orators and other his Creditors of their iust debts and dueties to them due & owing, and so is become a Bankrupt: By reason whereof, and for that the said Bankrupt and others his con∣federates haue deuised and contriued diuers secret estates and sinister practises for the conueying and e••••oyning of the bodie of the saide Bankrupt, and of all lands, goods, debts, and other things belonging to the said Bankrupt, in such wise, as your Orators are without helpe for recouering or obtayning of their saide iust debts and dueties, but onely by complaint to your Lordship, and thereupon to haue remedie according to the Statute, touching orders for Bankrupts in the Par∣liament begun and holden at Westminster the second day of Aprill, in the xiii. yeare of the Raigne of our said soueraigne Lady the Queenes Maiestie made and prouided. In consideration thereof, may it please your good Lordship to graunt the Queenes Maiesties most gratious Commission to be directed to such and so many wise and honest discreet persons as to your Lordship shall seeme good: Aucthorizing them not onely concerning the said Bankrupts body, lands, freehold, and custo∣marie goods, debts, and other things whatsoeuer, but also concerning

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all other persons which by concealement clayme, or otherwise doe or shall offend touching the premisses, or any part thereof, contrarie to the intent and true meaning of the saide Statute, to do and execute all and euery thing and things whatsoeuer as well towards and for satisfaction and payment of your said Orators, as towards and for all other intents and purposes, according to the ordinance and prouision of the said Statute: And your said Orators shall dayly pray &c.

The Commission vpon the Statute of 13. Eliz. Cap. 7. made against Bankerupts, and graunted to the Cre∣ditors vpon the Bill next before.

ELizabeth by the grace of God Queene of England, Fraunce, and [unspec A] * 9.92 Ireland, defendor of the faith &c.

To our trustie and welbeloued Sir Rowland Heyward Knight, Iohn Langley Alderman of our Ci∣tie of London, Tho. Hatton, Tho. Aldersey, Thomas Egerton Mer∣cers, and William Wignall Merchant Taylor of our saide Citie of London, greeting.

Whereas we be enformed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargayning, and seeking his trade of liuing by buying & selling, and being a Subiect borne of this our Realme of England, in this present moneth of Nouember, in the xv. yeare of our Raigne, viz. about the second day of the same moneth, did begin to keepe his house scituate in London aforesaid, and sithence hath departed from his saide dwel∣ling house and absented himselfe, to the intent to defraude and hin∣der T. B. of C. in the Countie of Deuonshire Clothier, W. M. of London Grocer, Mi. G. Merchant, and others his Creditors, be∣ing also Subiects borne of this our sayde Realme, of their iust debts and dueties to them due and owing, and so is become a Banke∣rupt, We minding the due execution of the Statute touching or∣ders for Bankerupts in our Parliament holden at Westminster in the xiii. yeare of our Raigne made and prouided, vpon trust of your wisedomes diligence and prudent circ*mspections which we haue conceaued in you, doe by these presents name, assigne, appoint, con∣stitute, and ordayne you, our speciall Commissioners, geuing full power and aucthoritiye vnto you, fiue or foure of you, whereof they the sayde Sir Row. H. I. L. or T. H. to be one, according to the sayde Statute, not onely concerning the sayde Bankerupt hys bo∣die, lands, freehold, and Customarie goods, debts, and other things whatsoeuer, but also concerning all other persons, which by con∣cealement, clayme, or otherwise doe or shall offend touching the pre∣misses, or any part thereof, contrarye to the intent and true mea∣ning

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of the saide Statute, to do and execute according to the saide Statute all and euerie thing and things whatsoeuer aswell for and towards satisfaction and payment of the saide Creditors, as towards and for all other intents and purposes, according to the ordinance and prouision of the saide Statute: Willing and commaunding you, fiue or foure of you, whereof Sir Row. H. I. L. or T. H. to be one, to proceede to the execution and accomplishment of this our Com∣missioin according to the true intent and meaning of the saide Sta∣tute with all diligence and effect, as our speciall trust is in you:

Wit∣nesse our selues at Westminster the fifth day of Nouember, in the xv. yeare of our Raigne.

A precept from the sayde Commissioners to the Officers, to make pro∣clamation according to the saide Statute against Bankrupts: that the said Bankrupt before a day certaine come in and yeeld his bodie to the Commissioners, or to one of them.

To the Bayliffes and head Officers of the Burrough of Southwarke.

WEe the Commissioners hereafter named by vertue of the* 9.93 Queenes hignesse Commission to vs directed, require & charge [unspec A] you fiue sundrie market dayes next ensuing the receipt hereof, to make fiue sundry Proclamations in manner and forme hereunder specified.

The Proclamation.

THe Queenes highnesse doth strictly charge and commaund C. ••.* 9.94 Merchantaylor of the Citie of London, that he at or before the [unspec A] day of next comming in the Guildhall of London, or where you shall appoint, yeeld his bodie before Sir Row. Heyward Knight, or before some one of the said Commissioners appointed by her high∣nesse vnder her great seale of England, til the due execution of the Sta∣tute touching orders for Banckrupts lately made and prouided, vpon paine and perrill of the penaltie of the lawe in that case limited and appointed.

An Indenture vpon the saide Commission and Statute of Bankcrupts be∣twixt the Commissioners of the one partie, and the Creditors of the o∣ther partie, whereby the Commissioners after view, search, and praise∣ment made, sell certaine of the goods of the debtors vnto the creditors in part of satisfaction of their debts, with a Schedule annexed vnto the said Indenture which is likewise indented, wherein are contayned the perticulers of the goods with their seuerall prices, as they be prized by the Commissioners to the one part of which Indentures is put to the

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hands and seales of the said Commissioners, and to the other of the said Indentures the hands and seales of the creditors.

THis Indenture made &c. betweene sir R. H. Knight, A. B. C. D. [unspec A] * 9.95 E. F. of the one partie, and G. H. and I. K. creditors of C. A. Citi∣zen and Merchantaylor of London on the other partie, witnesseth, That where our said soueraigne Lady the Queenes Maiestie that now is, by her highnesse letters of Commission bearing date at Westmin∣ster the fifth day of Nouember last past before the date hereof, minding the due execution of the Statute touching orders for Bankerupts in her Parliament holden at Westminster in the xiii. yeare of her high∣nesse said Reigne made and prouided, reciting, that whereas her Ma∣iestie was enfourmed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargaining, and seekinig his trade of liuing by buying and selling (and being a subiect borne of this her Realme of England) in the said moneth of Nouember, in the xv. yeare of her Maiesties Raigne, that is to say, about the second day of the saide moneth, did begin to keepe his house, scituate in London aforesaid, and sithence hath departed frō his saide dwelling house & ab∣sented himself, to thentent to defraude & hinder his creditors, being also subiects borne of this her said Realme of England of their iust debts & duties to them due & owing, & so is become a Bankerupt, hath assigned, appointed, constituted & ordained the said R. H. &c. her especiall Com∣missioners, geuing full power & authoritie vnto them 5. or 4. of them, whereof the said Sir R. H. to be one, according to the said Statute, not only concerning the said Bankerupt his bodie, lands, freehold, & custo∣marie goods, debts, & all other things whatsoeuer, but also concerning all other persons which by concealemēt claime, or otherwise do or shall offend touching the premisses or any part thereof, cōtrary to thentent & true meaning of the said Statute, to do & execute according to the said Statute all & euery thing & things whatsoeuer as well towards & for satisfaction and payment of the saide creditors, as towards and for all other intents & purposes, according to the order & prouision of the said Statute in that case prouided, as by y^e same Commission more plainely it doth and may appeare: By force and vertue of which said Statute, and of the saide Commmission, the saide Commissioners haue caused certaine goods, Cattels, wares, and Merchandizes of the saide C. A. contayned and mentioned in a Schedule indented to these presents an∣nexed, to be searched, viewed & apprized: And also haue sold & deliuered, and by these presents do sell & deliuer to y^e creditors aforenamed, all the said goods, Cattalls, Wares, Merchandizes, contayned and mentioned in the said Schedule indented to these presents annexed, To haue and

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to hould the same & euery part thereof to the said Creditors before na∣med, their executors, administrators, and assignes, to their owne proper vses for euer towards the satisfaction and payment of the said Credi∣tors, that is to say, to euery of the aforenamed creditors a portion, rate, and ratelike, according to the quantitie of the debts:

In witnesse whereof the said parties to these Indentures interchangeablie haue set to their Seales. Yeuen the day and yeare first aboue written.

The intituling of the Schedule mentioned in the Indēture next before writ∣ten, and annexed to the same Indenture.

IN this Schedule indented is contayned and mentioned certayne [unspec A] * 9.96 goods, wares, Cattels, & Merchandize late of C. A. Merchantaylor, which be sould by the Indentures, whereunto this Schedule indented is annexed, that is to say, in his house in L. in the parish of G. in London. Imprimis &c.

A Bill into the Chauncery against one by a prisoner in the Fleete, to compell the defendant to proceede in an agreament made betwixt the plaintife and the defendant for his enlargement, by the order of the Lord Chaun∣celor then dead.

To the right reuerend Father in God, Nicholas Archbishop of Yorke, and Lord Chauncelor of England.

MOst humblie complayning, sheweth vnto your grace, your dayly [unspec A] * 9.97 and poore Orator W. M. of M. in the Countie of Chester Gent̄ now being prisoner in the Fleete at the suit of R. D. of the same Coun∣tie Esquier, committed thereunto by the late reuerend Father in God the Bishop of Ely being then Lord Chauncelor of England, of and vpon a Statute of 200. l . which suit of the saide R. D. hath thus re∣mayned the space of eight or nine yeares, to the great miserie and vtter vndoing of your graces saide Orator. And where diuers agreaments, with other diuers meanes haue bene taken and made betweene the said R. D. and your saide Orator, and especially the last day of May, in the last yeare of our late Soueraigne Lord King Edward, before Doctor Lyell, & Maister Dyer, appointed then by the said late Lo. Chauncelor, where it was agreed betweene y^e said R. D. & your graces said Orator, that your said Orator should be bound in 1000. l . that he should not ali∣enate nor sell any parcell of his lands now being in his possession, or to him in reuercion: And all such lands that were sold by your saide Ora∣tor, that your said Orator should endeuor w^e all diligence to recouer the same againe: And furthermore it was agreed & ordered betweene y^e said R. D. and your said Orator, that your said Orator should put insuerties

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to pay vnto the saide R. D. 50. pound of lawfull money of England, that is to say, fiue pound yearely during tenne yeares next ensuing: All which orders and agreements your Graces said Orator is conten∣ted to accomplish and fulfill: Yet notwithstanding the saide ••. D. minding rather the continuance of your said Graces Orator in prison to his vndoing, will neither obey the late ho. Lord Chauncelors order then made therein, nor yet the agreaments heretofore made, but onely doth finde delayes to prolong the time, to the vtter vndoing of your Graces Orator. In consideration whereof the premisses tenderly con∣sidered, it may please your Grace to commaund the saide R. D. to appeare before your Grace, and to take such order with him as shall seeme best to your Grace. And your said Orator shall pray for your Grace long to continue.

A Bill into the Chauncerie by the Husband and Wife, for and on the be∣halfe of diuers to compell executors to pay legacies, wherein is shewed, that they to whom the legacies be giuen haue no remedie by the ecclesi∣asticall lawe to compell the then executors to pay the said legacies.

To the right Honorable Sir Nicholas Bacon Knight, Lord Keeper of the great Seale of England.

IN most humble wise complayning sheweth vnto your honors good [unspec A] * 9.98 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 afore∣said 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,

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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 perti∣culerlie contayned and mentioned in his said Will, fulfilled, perfour∣med, and payd, hee the sayde W. W. by his sayde Testament and last Will did geue and bequeath to the preferment of all the chil∣dren comming of hys sayde sixe eldest daughters, and to W. C. Mary T. and Katharine T. three of the Children of the sayde Ka∣therine, 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 hono∣rable Sir A. C. Knight, Sir Ed. G. Knight, nowe deceased, Ba∣sill 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 va∣lue of tenne thousand pounds. After whose decease, the sayde Exe∣cutors 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, Cat∣talls, 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 vn∣able to prosecute for their remedie in the premisses at and by the or∣der of the Ecclesiasticall lawes of this Realme. May it therefore

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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 Ox∣ford 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 Col∣ledge 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 West∣minster in a quo minus, and that he did interrupt the plaintifes posses∣sion: And then the plaintife prayeth an iniunction for stay of the saide suite, and for the establishing of his possession and proces against the de∣fendant 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 [unspec A] * 9.99 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 y^e said Countie of C. being a Parsonage impropriate, and being so thereof sea∣sed by their deede indented sealed with their common seale (the certain date wherof to your said orator is vnknowne for wāt of hauing y^e same) did for the considerations in y^e said Indenture specified, demise, graunt, & to farme let all the said Rectorie & parsonage of R. with the appurte∣nances, & all maner of houses, barnes, glebe lands, tithes, fruits, profits, & aduātages whatsoeuer to y^e same Rectorie & parsonage belonging or in any wise appertaining vnto one R. B. late of N. in y^e 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 y^e vicarage of R. aforesaid, & the patronage & disposition thereof, and all y^e woods & timber trees of y^e said parsonage alwaies excepted & fore∣prised out of the said lease) which said estate, interest, & terme of yeres of him y^e said R. B. of & in the said Rectorie, your Lo. said Orator by good

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and sufficient conueyance and assurance in the lawe now hath, by ver∣tue 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, qui∣etly 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 be∣longing to your said Oratour, became an earnest suitor vnto William I. Doctour of Diuinitie, Deane of Christs Church in Oxford afore∣said, 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 Chap∣ter, 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 ham∣lets and towneships as were formerlie demised to the saide R. B. by the generall name of the rectorie of R. wherin the said seuerall towne∣ships 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 mentio∣ned, 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

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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 in∣crease 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 impor∣tunate 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 farm•• 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 thend 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 with∣in 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 afore∣said, 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 man∣ner 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 con∣science: 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

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said supposed lease made to him by the sayde Deane and Chapter, con∣trarie to all equitie and good conscience. In tender consideration whereof, and forasmuch as your sayde Oratour knoweth not the cer∣taine 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 reco∣uerie 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, where∣by he shall iustifie his right and title to the saide tithes by him law∣fullie taken as aforesayd. And for that the sayd Deane and Chapter were so abused by the insinuations and vntrue pretences of the said I. D. and had no purpose at all to impeach the sayde Lease made to the sayde R. B. nor your sayde Orator his title to the sayd Tithes and other the premisses claymed by vertue of the same, nor yet to de∣mise or graunt any thing to the saide I. D. that was comprised, or intended to be demised in and by the same Indenture of lease made to the sayde R. B. May it therefore please your good Lordship, the premisses tenderly considered, to graunt vnto your sayde Oratour her Maiesties most gratious writ of Subpena to be directed to the sayd William I. Deane of Christ Church aforesayd, and to the sayde R. P. T. T. &c. and to the sayd I. D. who is vsuallie resident with∣in the Citie of London, commaunding them and euerie of them thereby vnder a payne therein to be limited, to appeare before your Lordship in her Maiesties high Court of Chauncerie, immediately then and there to aunswere the premisses: And also to graunt vnto your sayde Oratour her Maiesties most gratious writ of Iniunction for the establishing of your sayde Oratours possession, of and in the saide rectorie, and other the premisses, and for the stay of all Ac∣cions commenced, or to be commenced against your saide Oratour at the Common lawe vpon or by coulour or pretence of the sayde Lease so vndulie procured by the sayd I. D. from the sayde Deane and Chapter, and further to stand to and abide such other order herein as to your Lordship shall seeme to stand with Iustice and equitie. And your saide Oratour shall dayly pray for your Lordship in all ho∣nour and happines long to continue.

T. E.
E. C.
R. C.

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The Aunswere of I. D. Esquier one of the defendants, to the vntrue bill of complaynt of T. B. Esquier complaynant.

THe said defendant saith, that the said Bill of complaynt is very [unspec A] * 9.100 vntrue, vncertaine, and insufficient in the Lawe to be aunswered vnto, not contayning any sufficient matter or iust cause of suit against this defendant, but only deuised & contriued by the complainant, to put him as it seemeth to wrongfull vexation, costs, charges, & expences in the law without any iust cause of suit, whereof this defendant doth de∣maund iudgement of this ho. Court, & prayeth to be dismissed out of the same. Neuerthelesse, if this defend shal be cōpelled to make any further aunswer to the said bill of complaint, saith, that he vnderstanding y^• the said lease for yeares mentioned in the said bill of complaint made to the said R. B. father of the said complaynant, to be a meere void lease, and of no force & validitie in lawe, for that the same lease was not demised by the Deane & Chapter, but by the Deane, with the assent & consent of the Chapter procured diuers letter s of sundrie honorable persons to the said Deane & Chapter of Christ Church of Oxenford named in the said bill of complaint in this defend behalfe and fauour for the obtaining of a lease for yeares of the said Deane and Chapter, the which said Deane & Chapter at the request & contemplation of those letters by their In∣denture vnder their Chapter seale, did amongst other things demise, & to farme let vnto this defendant all that their tythe Corne & graine, comming, renuing, & yearely growing in the Towneships or townes and fields mentioned in the said bill of complaint for the terme of xxi. yeares, by vertue of which demise to him made, this defendant taketh himselfe lawfullie intercessed and intituled in and to the said tithes de∣mised vnto him, and because this defend meant to proceede in a plaine, vpright, and lawfull course in lawe against the saide complaynant for the triall of the validitie of his said pretended lease, brought his Accion in the Court of Exchequer by way of Quo minus against the saide com∣playnant & others, and as it seemeth now to this defend the said com∣playnant perceiuing the weakenes & inualiditie of his owne title vpon fained & vntrue surmises, hath exhibited the said bill of complaint into this ho. Court, to vexe & trouble this defend & the other defendants na∣med in the said bill of complaint, to maintaine & continue his wrongful possession by a void lease, & of no validitie in law, as to your Lo. for the cause aforesaid may apeare, which said lease the said compl to the great preiudice & hinderance of the said Colledge & Students thereof, labou∣reth and seeketh to enioy, being void in lawe, and which lease if it were a good lease should indure and continue for many moe yeares

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then the lease made to this defendant, and would be lesse in yearely rent and benefit to the saide Colledge then this defendants lease will be, respect being had to the things demised: And therefore as this de∣fendant thinketh the saide complaynant is not to be releeued by any equitie, or maintayned in possession vpon a meere void lease in lawe, since that by coulour of the said void lease the said complaynant and his father haue receiued so great a profit for many yeares past: with∣out that that the defendant hath by any casuall meanes gotten into his hands and custodie the said Indenture of lease made to the said R. B. of the said rectorie by the said Deane and Chapter, and diuers other writings and meane conueyances concerning the same of right be∣longing to the saide complaynant, as most vntruly by the said Bill of complaynt is alledged, for that he saith, that he neuer had the said sup∣posed lease, nor any meane conueyance thereof, or that the said Deane and Chapter euer at any time made any such lease to the saide R. B. father of the said complaynant as the said complaynant surmiseth, but such a lease as in this defendants aunswere is before alledged, or that the defendant vntrulie suggesting vnto the said Deane and Chapter the other defendants in the said bill of complaynt that the tithes in the said seuerall towneships mentioned in the same bill of complaynt were concealed from the said Deane and Chapter, and that they had no rent or reuenue at all to them therefore aunswered or paid by the said com∣playnant, nor by any other person or persons, as most vntrulie is alled∣ged and surmised by the said bill of complaynt: or that the said Deane and Chapter did affirme and declare to this defendant, that they would not demise or graunt vnto him this defend any thing that was compri∣sed in the said lease made to the said R. B. or that was mentioned or in∣tended to be demised to him the said R. in or by the same lease. Or that vpon any such affirmation this defendant made aunswere, that the tythes of the saide seuerall towneships mentioned in the saide bill of complaynt, were not demised by the saide Deane and Chapter to the said R. B. And without that this defendant alledged that his purpose was not to challenge any thing by demise from them, which was for∣merlie letten to the said R. B. but only such things as were concealed from the saide Deane and Chapter as most vntrulie is alledged by the saide bill of complaynt, but he sayth that he affirmed if he might haue a lease made to him he would yeeld an increase of rent of corne acording to the forme of the statutes in such cases prouided. And further this de∣fendant sayth, as before he hath said, that he being enformed that the lease made to the said R. B. to be a void lease, became an earnest suitor by the meanes aforesaid for a lease of the same things that were preten∣ded to be demised to the saide R. B. and enformed the saide Deane and

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Chapter, that they might and that they had power in them to demise the same. And this defendant further saith, that there was included in the said supposed lease made to the said R. B. all the things that be de∣mised to this defendant, and if this defendant should not haue meant to haue had in lease from the Deane and Chapter the things supposed to be demised to the said R. B. and to enioy the same, then should he haue had by his lease no benefite, and should vainely haue procured such ho∣norable friendship: And therefore he sayth, that the same allegation suggested in the said Bill of complaint, that this defendant meant not, or that his purpose was not to challenge any thing by demise from the said Deane & Chapter, that was in shew formerlie demised to the said R. B. is most vntruly alledged against all probabilitie of reason, when as he wel did know, and the Deane and Chapter also might vnderstand that the whole rectorie except the vicarage was in shewe demised, and the tithes of the said towneships included in the said supposed demise, and therefore saith, that the said Deane and Chapter at the contempla∣tion and request of the said letters made a lease of the said tithes to this defendant, and to manifest their good intention and meaning towards this defendant for the enioying thereof, the said Deane and Chapter gaue this defendant a Transcript of the Counterpane of the saide sup∣posed lease vnder their Chapter seale, and besides this defendant had a rentall deliuered in writing to him, expressing or conteyning the rents of the towneships mentioned in the saide bill of complaint. And this defendant saith, that his meaning was euer to haue and enioy the benefit of the said demise, and of the thinges therein contayned, and so he taketh it, the said Deane and Chapter so ment and vnderstood the same, being persons of so great learning, iudgement, and discretion, that they would not graunt the same things and meane contrarie to their owne demise: And without that the said Deane and Chapter then verely sup∣posing that none of the tithes of the said towneships were included or comprised in the said lease of the said Rectorie of R. made to the saide R. B. but the same were other things excepted out of the saide lease, and concealed, and wrongfully detained from the said Deane & Chap∣ter, and not within the bounds and limits of the said Rectorie, as most vntrulie and vainely it is alledged by the said bill of complaint, with∣out either reason, or probabilitie of reason, or that the same demise made to this defendant was mde vpon any such fained and vntrue allega∣tion: For he saith that such an ouersight may not be without any rea∣son imputed to the said Deane and Chapter, being men of learning and iudgement, that they should suppose none of the tithes of the saide towneships were included in the said lease of the rectorie of R. made to the said R. B. but other things excepted and concealed, and not within

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the limits and bounds of the said rectorie, when as to the said Deane & Chapter by the said rentall may apeare, that the townes mentioned in the said bill are parcell of the rectorie of R. and the tithes in the same towne demised to this defend . And the said defend further saith, that he hath not had or euer had in his hands the said Indenture of lease made to the said R. B. nor by coulor of hauing thereof hath attempted any suit, but began his suit by reason of his owne lease made to him, which he taketh is lawfull for him to do. And without that, that there is any other matter or thing touching this defendant materiallie, or effectu∣allie to be answered vnto, and not herein confessed and auoided, trauer∣sed or denied, is true: All which matters this defendant is readie to auerre and proue as this honorable Court shall award: and prayeth to be dismissed out of this honorable Court, with allowance of his costs and charges &c.

W. D.

The ioint and seuerall Aunsweres of W. I. Doctor of Diuinitie, Deane of the cathedrall Church of Christ in Oxford, of King Henry the 8. foundation, R. P. A. W. T. T. &c. Prebendaries of the cathedrall Church defendants to the Bill of complaynt of T. B. Esquier com∣playnant.

THe said defendants all aduantages of exception to the incertaintie [unspec A] * 9.101 & insufficiency of the said bill of complaint being to them these de∣fendants now & at all times hereafter saued for direct aunswere there∣unto so farforth as concerneth the knowledge of them these defend ma∣teriall for them to answere vnto saith as followeth, that is to say, that heretofore I. D. in y^• said bill of complaint named was an earnest suitor to the said defend W. I. & to the Chapter of the said cathedrall Church for the obteining and getting of a lease of all their the said Deane and Chapters tithe barne in P. in the Countie of C. and of all their tithe, corne, and graine, comming, renuing, and yearely growing in the townes and fields of P. aforesaid H. &c. in the said Countie of Chester, and of the tithe corne, grasse, Pigge, and Goose of T. in the said Coun∣tie of Chester, and of the tithe Haie and grasse of M. S. and K. afore∣said. And for the better obteyning of his said suit, he the saide I. D. ob∣tained & procured seuerall letters frō diuers great and honorable per∣sons of this realme directed to the said Deane and Chapter of the saide Cathedrall Church, whereby the said Deane & Chapter were earnestlie moued to grant & yeeld to the said request of the said I. D. At the which time the said I. D. did affirme & say to these defendants, or to the grea∣ter part of thē that in the premisses so by him the said I. D. required to be to him demised, there was then no lawful estate continuing, but vsur∣ped by such occupiers as had no right vnto them, and who vouchsafed

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not to seeke vnto the Church for them, nor to offer any good offers to them, and y^• contrariwise himselfe would reduce those things to a more profitable reuenue to their Church, or vsed other words & speeches to the like effect, by reason whereof, these defendants or the greater part of them the beter to satisfie their duties towards the said ho. persons in a suit so reasonable, & tending to the benefit of their Church, did by In∣denture vnder their Chapter seale bearing date the xxii. day of Decem∣ber, in the 35. yeare of the raigne of our soueraigne Lady the Qu. Ma∣iestie that now is, demise, graunt, & to farme let the said tithe barne & o∣ther the premisses to the said I. D. to haue and to hold to him his execu∣tors administrators & assignes from the feast of S. Tho. the Apostle last past before the date of the said Indenture vnto the end and terme of xxi. yeares thence next following fully to be complet & ended as they thinke they might lawfully do, they then not knowing any lawfull lease to be in being of the premisses, and yet to the end & intent that no person ha∣uing any lawfull interest in y^• premisses, or in any part thereof for terme of three yeares or more (if any such were) might be by the said demise or grant of these defend preiudiced or hindered, the defendants caused the said I. D. by his sufficient deed in writing as the defendants take it for the better securitie, safetie, & quietnes of their lawfull tenants, whome they meant not should be impeached to couenaunt with these defend that the said demise, nor any couenant, graunt or article in the said In∣denture of demise conteined, should in any wise extend to bind or charge any of them the said Deane & Chapters tenants, holding or clayming by good & lawfull graunt any lawfull estate for the terme of 3. yeares at the least or more then to cōtinue, any matter or thing in the said In∣denture of demise mentioned to the contrary notwithstanding, where∣by it doth and may appeare to this honorable Court, that these defen∣dants haue not done any thing concerning the saide demise of the pre∣misses to the saide I. D. then as they thinke they and euery of them might lawfully do, making such prouision as aforesaid that no tenants which held by any lawfull interest should be impeached by this their lease, without that that to the knowlege of these defendants or of any of them, the Deane and Chapter of Christs Church in the Vniuersitie of Oxford, predecessors of these defendants, did lawfully demise, grant, and to farme let the rectorie or parsonage of R. in the saide bill of com∣plaint mentioned, with the appurtenances, to R. B. in the saide bill of complaint named in manner and forme, as in and by the saide bill of complaint is surmised. And without that that to the knowledge of these defendants or of any of them, the tythes demised by these defen∣dants to the said I. D. as is aforesaid, were lawfully demised by the Deane and Chapter of the saide Cathedrall Church, predecessors of these defendants to the saide R. B. in manner and forme as is in and

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by the said bill of complaint surmised: And without that that any other matter, clause, or sentence in the said bill of complaint comprised, being materiall in the opinion of them to be by these defendants aunswered vnto, and not herein sufficiently confessed and auoided or trauersed and denied is true. All which matters they these defendants and euerie of them are readie to auerre and prooue as this ho. Court shall award, and prayen to be dismissed out of the same, with their costes by them sustayned.

The Replication of T. B. Esquier complaynant, to the Aunswere of I. D. Esquier one of the defendants.

THe said complaynant by protestation not confessing or acknow∣ledging [unspec A] * 9.102 any matter or thing materiall or effectuall in the saide Aunswere alledged to be true in such sort, manner and forme, as the same are thereby expressed and set forth, and by protestation also that the said aunswere is vncertaine, and insufficient in the lawe to be re∣plied vnto, for diuers great & aparant faults therein manifestly appea∣ring, the benefit and aduantage whereof at all times hereafter to the complaynant saued and reserued, the saide complaynant for replication replieth and saith in all things as before in his saide bill of complaynt he hath said. And further saith, that all and euerie the matters in the said bill of complaint conteined are and be good, iust, true, certaine and sufficient in the lawe to be aunswered vnto in such sort, manner and forme as they and euery of them in and by the saide bill of complaint by him beene most iustly, plainely, and trulie alledged and set foorth, and the same he is readie to auerre and prooue, as it shall please this ho. Court to award. And the said complaynant further replieth and saith, that the said Deane and Chapter the other defendants, named in the said bill of complaint, had no meaning or intention to demise vnto the said I. D. any thing that was by them or their predecessors former∣lie demised to this complainants father, and in this complainants pos∣session by vertue of the said lease, and to giue full satisfaction thereof to this ho. Court. This complainant further saith, that the said I. requi∣ring of the said Deane and Chapter to haue a lease of the towneship of R. together with the said other towneships in the said bill of complaint mentioned by him, procured a lease from the said Deane and Chapter by such practize and suggestion as in the said bill of complaint is allea∣ged, the said Deane and Chapter then made answere to the said I. D. that this complainant was the Farmer of R. and held the same by lease from the saide Deane and Chapter: And that they would not in any wise demise any thing to the said Daniell that was comprised in the said lease made to the complainants father. To which aunswere

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the saide I. D. replyed and sayde that he could do well inough with that Lease if the sayde Deane and Chapter would be pleased to de∣mise the sayde Towneship of R. with the rest of the sayde Towne∣ships to him the sayde I. D. whereunto the sayde Deane and Chap∣ter then aunswered to this or the like effect, viz. that they woulde not goe about to impeach the sayde Lease made to the sayde com∣playnants father: and that it was not fitting for men of theyr cote and qualitie to stand vpon quirks and quillets in Lawe. By which wordes it euidentlie appeares that the sayde Deane and Chapter were circumuented and missed by the vntrue informations of the sayde I. D. to them made in manner and forme as in the sayde bill of complaynt is alledged and set foorth: and that they knewe not at the time of the making of the sayde I. D. Lease, that the sayde Towneships thereby letten were formerlie demised to the sayde com∣playnants father in and by the generall wordes of the Rectorie of R. which did include the sayde Towneships, so as if there be any such defect in the sayde Lease made to the sayde complaynants fa∣ther as the sayde I. D. pretendeth by his sayde aunswere, as thys complaynant hopeth there is not, yet for as much as this complay∣nants father and this complaynant haue euer since the making of the sayde Lease, which was many yeares since, quietly enioyed the same, and by all the sayde time paid the rent to the sayde Deane and Chapter reserued thereupon: And that the sayd I. D. procured his sayde Lease by such sleights and subtilties as is aforesayde. And that the sayde Deane meant not to demise any thing to the sayde I. D. that was formerlie demised to the sayde complaynants father, nor to impeach the sayde Lease made to the sayde complaynants fa∣ther vpon any defect whatsoeuer. Wherefore this complaynant ho∣peth this honorable Court will compell the sayde I. D. to bring in the sayde Lease so procured as aforesayde into this honorable Court to be cancelled, or otherwise disposed of, as to the same shall be thought meete: and will order that this complaynant shall haue and enioy the benefit of the sayde Lease made to this complaynants father as afore∣saide, notwithstanding any such defect therein as is pretended by the saide I. D. And whereas the sayde defendant alledgeth in his sayde Aunswere that the sayde Deane and Chapter to manifest their good intention and meaning towards the sayde defendant, and to the in∣tent he might enioy such things as they had to him demised, did de∣liuer vnto him a copie or transcript of the sayde Lease made to this complaynants father, and a rentall of the saide seuerall towneships in the sayde bill of complaynt mentioned. To that Allegation this repliant sayth, that the purpose of the sayde Deane and Chapter in

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the deliuerie of the saide copie or transcript was, that the saide I. D. might thereby knowe what was demised or intended to be demised to the saide complaynants father. And to the end that he the sayde I. D. might not meddle with any thing comprised in the saide Lease, and to no other intent or purpose, without that that the saide Deane and Chapter did knowe by the saide Rentall that the townes mentio∣ned in the saide bill demised to the saide I. D. were parcell of the saide rectorie of R. and were formerlie demised to the saide complaynants father, and without that that any other matter or thing in the saide aunswere alledged materiall or effectuall for this complaynant to re∣plie vnto, and herein not sufficientlie confessed and auoided, denied or trauersed is true: All which matters this complaynant is readie to auerre and prooue as it shall please this honorable Court to a∣ward: And prayeth as before in his saide bill of complaynt hee hath prayed.

R. C.

The Replication of T. B. Esquier complaynant to the ioint and seuerall aunsweres of W. I. Doctor of Diuinitie, Deane of the cathedrall church of Christ in Oxford of King Henry the eights foundation, R. P. A. W. T. T. &c. Prebendaries of the said cathedrall Church defendants.

THe saide complaynant all aduantage of exception to the incer∣taintie [unspec A] * 9.103 and insufficiencie of the saide aunswere being to him this complainant nowe and at all times hereafter saued, for Replication thereunto so farre forth as doth concerne the said defendants, and the matter in the said aunswere conteined and set downe replieth and sayth as followeth, that is to say, that this complainant doth and will auerre and prooue that the Deane and Chapter of Christes Church aforesaide in the Vniuersitie of Oxford, did demise the said Rectorie and Parsonage of R. whereof the premisses now in question are, and so time out of minde of man haue beene parcell vnto the saide R. B. by their deede Indented vnder their common or Chapter seale for di∣uers yeares yet enduring in manner and forme as this Repliant in and by his saide bill of complaint hath the same alledged and set forth, and did thereupon reserue a great annuall rent which doth continue due and payable vnto the said Deane and Chapter of Christes Church the saide defendants, and is and so hath beene by this Repliant conti∣nuallie paid from feast to feast, as the same feasts on which the saide rent is reserued and appointed by the said Lease to be paid haue yearely happened euen vntill this time, euer sithence this Repliant was in∣teressed in the said Lease: And that the estate, interest, and title of the

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said R. B. for the yeares yet enduring of and in the said Lease and premisses, is lawfullie come to this Repliant. And further replieth and saith, that the premisses in the saide aunswere mentioned requi∣red by the saide I. D. to be to him by the saide Deane and Chap∣ter demised, were not vsurped or concealed from the saide Deane and Chapter, but continuallie sithence their foundations in charge and reuenewe and so at this time are to the sayde Deane and Chapter, and a rent vnto them by this Repliant aunswered for the same, with∣out any intention of this Repliant to conceale the same from the saide Deane and Chapter, or anie their right vnto the same, or vnto any other their possessions: But contrarywise this complaynant is, and alwayes will be readie to further them in their right and pos∣sessions to the best of his endeuour. And this Repliant moreouer re∣plieth and saith, without that that the saide I. D. his information to the said Deane and Chapter, or to the greater part of them was groun∣ded vpon anie matter of truth, but vpon a malitious couetous affection and greedie desire which he hath and carrieth to prie and search into his neighbors estates and interests in their possessions, not conuerting such possessions as he hath of his owne to any so good vse, or good of his countrey, as that he should deserue to haue them augmented with his neighbors, without that that it is true which the saide I. D. did affirme that the premisses by him required to be graunted in Lease by the said Deane and Chapter vnto him were vsurped by such as had no right, and would not vouchsafe to seeke vnto the said Church for them, or offer any good offers vnto them as the saide I. D. for to serue his owne turne vntrulie suggesteth, for this repliant saith, that his mea∣ning was and is to seeke vnto the Church for them at such time as in lawe, reason and conscience it shall be thought meete, reasonable, or requisite for him so to do: And hath and will offer vnto them all good offers meete and appertayning for him. In regard of all which, and in respect the saide I. D. obteyned the saide Lease at the saide Deane and Chapter their hands vpon vntrue suggestions and in∣formations which this repliant well hopeth they will at all times aswell in their reioinders as otherwise at large declare and acknow∣ledge, and in deceipt and abuse of the said Deane and Chapter, who woulde not in their graue wisdomes and good considerations haue sought by and quirks and quillets in lawe in nicitie of penning the formalitie of wordes, to haue ripped and rifled into a long set∣led continuing possession of their auncient Farmor, but woulde grauelie, discretely and aduisedlie haue giuen faith, credite and al∣lowance of the doings of their predecessors, as they most reasonably and

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deseruedly may expect the like allowance of their owne doings by them that shall succeede them, that therefore the sayde fraudulent, subtill, and guilefull lease by such deceipt, abuse, and vntruth obtey∣ned, may by this honorable Court be decreed to be void against the saide Deane and Chapter and this repliant: and that the same may be ordred to be redeliuered vnto the said Deane and Chapter, or into this Court to be cancelled, to the end they may thereupon take such good course therein, as this complaynant doubteth not that if this com∣playnant had knowne of this vntrue information made by the saide I. D. vnto them, and had made knowne the truth thereof vnto the saide Deane and Chapter, before the graunting of the saide Lease vnto the sayde I. D. the sayde Deane and Chapter no doubt would haue done, without that that any other matter or thing in the saide aunswere materiall or effectuall to be replied vnto, and not hereby sufficiently replied vnto, confessed, and auoided, trauersed, or denied, is true: All which matters this repliant is readie to auerre and proue, as this honorable Court shall award. And vpon all the saide matters in the said Aunswere conteyned, this repliant prayeth as he before in his said bill hath prayed.

The Reioinder of I. D. Esquier to the Bill of complaint of T. B. Esquier complaynant.

THe said defendant sauing vnto him the aduantage of exception [unspec A] * 9.104 to the incertaintie and insufficiencie of the said Replication, and by protestation not confessing any thing in the same to be true, in such sort, manner and forme, as in the same is set forth and declared, for re∣ioinder thereunto saith in all and euerie thing and things, as he before in his said Aunswere hath said. And further doth and will auerre, veri∣fie, maintayne, and prooue all and euery thing, matter, and cause there∣in conteyned to be good, iust, and true, in such sort, manner, and forme, as by the saide defendant in his saide Aunswere the same be very trulie expressed, declared, and set foorth. And whereas the sayde com∣playnant by hys replication alledgeth, that the Deane and Chap∣ter shoulde saye, that they meant not to impeach the lease made to the complaynants father: And that it was not fitting for men of theyr cote and qualitie to stand vpon quirks and quillets in Lawe. This defendant thereunto sayth, that there was no speech of quirks or quillets betweene them, but a true and playne meaning, that if the Lease whereby the complaynant claymed were not good in Lawe, that then this defendant shoulde haue a Lease of those things hee desired, which with his great costs and trauaile hee obteyned,

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accordingly. And for further reioinder thereunto this defendant saith, that sithence the making of the saide Lease to him in the saide bill of complaint mentioned, hee this defendant brought letters to the Deane and Chapter from one of her Maiesties most honorable priuie Coun∣sell, to intreate the said Deane and Chapter not onely to renew the said Lease mentioned in the said bill of complaint, and made to the said de∣fendant, but also most hartely desiring them by the same letters to graunt vnto this defendant other tithes parcell of the same possessions formerlie demised to the said defendant, at which time the said Deane and Chapter, renewed the said Lease, and also graunted the said defen∣dant certaine other tithes parcell of the same possessions according to the said letters, and also at the same time the said Deane and Chapter promised vnto the saide defendant a Lease of the rest of the said parso∣nage, so that as the saide defendant taketh it the saide complaynant greatly abuseth this honorable court with most vaine and vntrue sur∣mises both in his said bill and Replication. And if this honorable court vpon these surmises or such like should grow to the vpholding of leases made from corporations which are void in lawe, a thing which hereto∣fore hath not bene graunted vnto others in such like cases it would re∣uiue or at least might be a president to reuiue many questions about such leases which by the common lawes of this Realme long time haue beene determined, whereunto this defendant most humblie prayes to be remitted. And whereas also the saide complainant alledged that the purpose of the Deane and Chapter in deliuering of the said Transcript to the said defendant was, that he might thereby knowe what was de∣mised or intended to be demised to the said complaynants father, and to that end that the saide complaynant might not meddle with any thing comprised in the said lease made to the complaynants father, to which allegation this defendant for reioinder saith, that he tooke it to the end that he might consider of the validitie or inualiditie of the saide lease, vpon the view whereof being assertained by his learned Counsell that the saide lease was void in lawe, he was the rather incouraged to be∣stow his charge vpon it. And this defendant saith, that he had a copie of the said lease vnder the handwriting of a Gent̄ of good calling before the deliuerie of the saide transcript to this defend , by which copie the imperfections of the said lease did apeare to this defendant, and also the perticular names of the tithes of some townes were mentioned in the said copie to be demised to the saide complaynants father, the tythes of which townes were afterwards demised to the saide defendant by the said Deane and Chapter, whereby it may plainely appeare, that the Deane and Chapter meant that the same lease made to the saide com∣playnants father, if the same were not good in lawe, might be impea∣ched,

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forasmuch as they graunted to the saide defendants the tithes of such townes as were mentioned to be demised by the saide lease to the complainants father, so that the Deane and Chapter were not missed nor circumuented by the said defend , nor that the said defend obteined his lease by fleights & subtilties, nor the said Deane & Chapter misad∣uised in that they did as in the saide Replication is most vntruly alled∣ged: but this defend verely thinketh that this compl goeth about not only to defraud the said defend of his Accion, & to hinder the said Deane & Chapter in taking the benefite of the said Tithes, but also it appea∣reth most manifestly, that the plaintife practizeth to trice the said defen∣dant in a triall by a Iurie by vntrue witnesses in concealing the ture Lease made to the plaintifes father: for the plaintife entituleth him∣selfe vntrulie to the parsonage aforesaide by a Lease made by the saide Deane & Chapter to the plaintifes father, as by an order taken in this Court the 6. of Nouember last past apeareth, and also by his plea in the Exchequer it apeareth that the plaintife pleaded a lease made by y^e said Deane & Chapter to the plaintifes father of the said parsonage, & proffe∣red by his plea in that court to shew forth the said lease in Easter terme last past. And after all these delatorie delayes the sayd compl pleaded not guiltie in the Exchequer aforesaid, & neuer shewed any such lease, but exhibited his bill of complaint in this honorable Court, surmising the said lease to be come to the hands of the defendant, where in troth there is not nor euer was any such Lease made to the said plaintife, nor to R. B. the plaintifes father, but such a Lease as in the defendants aunswere is declared, which Lease being void, & of no validitie in lawe, is the cause of the plaintifes suite in this honorable Court, and also the cause of his long delay in the Exchequer aforesaid: for if the plaintifes father had euer any such Lease as the plaintife pretendeth, he needeth not to vse such vaine & vntrue surmises in this Court against the saide defend in his bill & replication, nor craue an Iniunction in this Court to stay the defend proceedings at the Common lawe, nor make secret conueyances to seuerall persons of the tithes in question, nor cause the said tithes to be gathered & carried away by strong and by vnknowne persons, nor protest and auow that the defendant, nor any other for him, shall euer quietly enioy the tithes in question, though he recouered them by all the Lawes in England, nor threaten this defendant and his ser∣uants to wound or kill them before the defend should enioy any part of the said tithes, so that the said defend shal hardly maintaine any Accion against the true ownere or taker of the saide tithes for the causes afore∣said, nor quietly enioy the same being recouered by order of lawe, con∣sidering that the plaintife is a Gentleman of great worship, friends and calling in that Countrie where the saide Tithes do arise and growe,

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wherefore and for that the plaintifes Lease is a meere void Lease for the causes in the Aunswere alledged, and the defendants Lease a good Lease, and more beneficiall for the poore Schollers of Christs Church then the plaintifes Lease, and no reason in lawe or equitie if there be no lawfull Lease in being thereof why the same should not be graunted vnto the defendant. For all which causes this defend humblie craueth that y^e plaintife may shew forth vnto this court vnder the chapter seale such a Lease as by his saide bill and order in this Court he pretendeth: And if the plaintife faile therein then vpō the now defendants shewing to this Court a transcript of the Counterpane of a Lease for yeares vn∣der the seale of the Deane & Chapter. Whereby it may apeare to this honorable Court, that the Deane and Chapter did not demise the saide parsonage to the plaintifes father as he affirmeth, but that the Deane with the full assent & consent of the whole Chapter did demise the same to the plaintifes father in the time of King Edward the 6. which is no Lease of any force in lawe, neither is there any equitie to make it bet∣ter, but being obteined at the first for small or no consideration, and long enioyed since, and now demised to the defendant for chargeable great and iust considerations, that then vpon sight thereof it would please this honorable Court to order that the said tithes may be seque∣stred into the hands of indifferent persons to receyne and keepe them vntill further order shalbe taken in this Court: And that in the meane time a Commission may be graunted out of this Court to examine the true valew of the saide tithes these three yeares past, to the end further order may be taken in this Court for the hauing thereof, and quiet en∣ioying of the said tithes to him that shall recouer the same or damages for any part thereof by Accion of Trespas or otherwise: And that your Lordship would also be pleased to take order for reformation in the premisses, for that now in this time of contention many tithes are subtracted and not set forth at all. And without that that any other matter or thing &c. All which matters &c.

The reioinder of W. I. Doctor of Diuinitie Deane of the cathedrall Church of Christ in Oxford of King Henry the 8. foundation, R. P. A. W. T. T. to the replication of T. B. Esquier complainant.

THe aduantage of exception in and to the incertaintie and insuffi∣ciencie [unspec A] * 9.105 of the saide replication to these defendants and euery of them at all times hereafter saued, the said defendants & euery of them for reioinder in all things say as they before in their said answere haue saide and do, and will auerre, maintaine and proue their saide answere and euery thing therein conteyned to be iust and true in manner

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and forme as they be there declared and set foorth, and that the saide Deane and Chapter do not know of any such lawfull demise made to the saide T. B. as in the saide Bill and Replication is set foorth, and that if any such lawfull demise or graunt hath beene made, they haue made such prouision as in their Aunswere is declared, that no tenants which hold by any lawfull interest should be impeached by their lease made to the said I. D. whereof these defendants had speciall care, and therefore the complaynant if it stand so with him that he haue a law∣full lease can receiue no preiudice by any thing done by these defen∣dants. And for further reioinder these defendants say, that vpon the suit of the said I. D. greatly pressed by sundrie honorable personages in his behalfe and aduertisem*nt, that no lawfull state was in being of the premisses, nor such profits aunswered to the Church therefore as appertained with offer on the behalfe of the saide I. D. to performe many things profitable to their Church, & the defendants not hearing any suit or motion made therefore by the said T. B. and esteeming the premisses to be out of any lawfull lease and so enformed (which if it prooue not true, their graunt is not auaileable) condiscended to the suit, and entreatie made on the behalfe of the said I. D. as in lawe, con∣science, equitie, and good husbandrie towards their Church, which by all good, due, and conscionable meanes they are bound to aduance, they were perswaded it was fit for them to do: And the rather, for that the complainant did not make any meanes, nor seeke vnto them for it, who if he haue any lawfull lease of the things demised to the said I. D. from their Church, then cannot the graunt made to the sAid I. D. be of any force or auaile, and if he haue not a lawfull lease, then cannot the plain∣tife defend himselfe of ouer great slacknes to hold it so long without a lawfull lease, and in all that time not to discouer the same to their church, intending by likelyhood either so to haue retayned it still, or di∣strusting of their well meaning towards him, as to other their tenants whome their manner is not to dispossesse or otherwise to intreate then their demeanors do occasion. And if the things demised be in charge, or aunswered in reuenue to the Colledge as the plaintife doth alledge, whether it be perticularlie for those things demised to the said I. D. or confusedly included with other things, or held as an estate at will, these defendants are not assertained, and if the plaintife did hold them with∣out any lawfull estate made vnto him, or lawfull estate continuing, it had beene meete that the defendants or their predecessors had beene made acquainted of this manner of holding of them, and that the posses∣sions and reuenews should not be caried away vnderhand, or enioyed by coulour of a lease, when there was no lawfull lease to warrant it: And had the complaynants then bre••e so readie to further the defen∣dants

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in their right and possession to the best of his indeuour as now he pretendeth to be, this question had not hapned, but now standing as it doth, if the information of the saide I. D. made to the saide Deane and Chapter be not grounded vpon any matter of truth, the said complay∣nant shall receiue no impeachment by it, these defendants intending to hold the said I. D. to his Couent, that by coulour of his graunt he shall not call in question any tenant of theirs which hold by any lawfull in∣terest. And if it be grounded vpon matter of truth, these defendants hope that this honorable court will not giue further allowance to the complaynants pretended lease then the validitie thereof requireth: Humblie praying further that if vpon this interpleading betweene the said T. B. and the said I. D. it shall appeare that the said T. B. holdeth that which he should not hold, or the sad I. D. vpon any vndue surmise or suggestion to haue obtayned any thing not fit or not meant to be passed to him, which these defendants carrying themselues in a plaine and euen course, haue not so farre looked into, neither do or can charge him so to haue dealt: That these defendants might not be preiudiced against either of them, but left at libertie to do that for the iust and rea∣sonable benefit and auaile of their Church, which in lawe, iustice, and equitie, shall be seeming for them to do. And further, or more then this the defendants desire nothing, without that that the complaynant hath to their knowledge any lawfull estate or interest in the premisses, or hath sought or offred himselfe vnto their church in such sort as hee alledgeth. And without that that the defendants by any quicks, quil∣lets, or nicities in lawe haue sought to rifle into the estates of their Far∣mers: And yet humblie desire, that if the complaynants enioy any thing without good lease which is vnknowne to these defendants, that he may not be set in better state against their church then his estate re∣quireth, but may be referred to their church, of whose dealings he shew∣eth, neither can shewe any cause to complayne, without that that any other matter or thing &c. All which matters &c.

A bill by one tenant in common of a mannor in the North parts, to haue a commission to examine witnesses which be aged and impotent, that their testimonies may remayne of record in perpetuam rei memoriam, for proofe of the plaintifes title to the said mannor, for that the Lord Presi∣dent and Counsell of the North parts haue not power to graunt any such commission.

To the Right Honorable Sir Tho. Bromley Knight, Lord Chauncellor of England.

HVmbly complayning, sheweth vnto your good Lordship your [unspec A] * 9.106 dayly Orator C. P. of T. in the Countie of C. Esquier: That

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whereas your saide Orator and one L. P. of C. in the County of C. be and stand, or ought to be and stand seazed in common in their demesne as of fee amongst other things of and in the Mannor of L. with the appurtenances in the saide County of C. concerning the partition of which said mannor, variance, and contention in lawe is like to arise be∣tweene your Orator and the saide L. at the common lawe. And for as much as there be yet liuing diuers aged persons inhabiting about the saide Mannor which do very well knowe the interest and title of your saide Orator in and to the said mannor in forme aforesaid. And for that if the saide witnesses being very aged and impotent and not likely long to liue should fortune to dye before tryall of your saide Orators estate and title of, in, & vnto the premisses, it might thereby be greatly blemished, and your said Orator in time to come disinherited of his said nioytie of the saide mannor. And for that the saide witnesses dwelling in the North parts of this Realme be so aged that they be not able to trauaile neyther before your Honor to be examined in her Maiesties high Court of Chauncerie, nor to any other ordinarie place of Iustice, where the title of your saide Orator might, or may conueniently come in question and tryall by the due course of the common lawes of this Realme. And for that the Lord President and Counsell established in the North parts (within the precinct of whose Commission not onely the said Mannor but also your said Orator, and the said L. P. do inha∣bit and dwell) do not vsually, nor cannot graunt any Commission for the examination of witnesses in perpetuam rei memoriam, although there be great cause in equitie to graunt the same. It may therefore please your good Lordship, the premisses considered, to graunt vnto your said Orator the Queenes Maiesties most gratious Commission vn∣der the seale of this most honorable Court, to be directed vnto some Gentlemen of credit dwelling in those partes, as to your good Lord∣ship shall be thought conuenient for the examination of such witnes∣ses, as by your saide Orator shall be produced before them, and to certifie and returne the examinations of the saide witnesses, toge∣ther with the same Commission before your good Lordship into her Maiesties high Court of Chauncerie, there to remayne of record ad perpetuam rei memoriam, and to be published at such time as to your good Lordship shall be thought meete and conuenient. And further to graunt vnto your saide Orator the Queenes Maiesties most gra∣tious writ of Subpena, to be directed to the saide L. P. commaun∣ding him thereby at a certaine day, and vnder a certaine paine therein by your Lordship to be limited, either to ioyne in Commission with your saide Orator for the examination of the saide witnesses, or else to shewe cause before your good Lordship why your saide Orator should

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not haue a Commission alone for that purpose, and your saide Orator shall accordingly to his bounden dutie dayly pray to Almightie God for the long preseruation of your Lordships good health, with increase of honor.

A bill of Complaint for detayning of the plaintifes Euidences, for entring into Mannors and Lands, and contriuing of secret estates.

To the Right Reuerend Father in God Stephen Bishop of Winchester, Lord Chauncellor of England.

IN most humble wise complayning, sheweth vnto your honorable [unspec A] * 9.107 good Lordship your daylie Orator T. M. Gentleman. That where∣as one P. M. elder brother to your said Orator was lawfully seased in his demesne as of fee, of, and in the Mannors of M. & W. with diuers messuages, lands, tenements, & hereditaments to the said Mannors be∣longing in the County of C. to the yearely value of 50. l . and aboue, and he being of the said Mannors and other the premisses seised died of such an estate thereof seised, without issue of his body lawfully begot∣ten. After whose decease the premisses descended and of right ought to discend vnto your saide Orator as brother and next heire of the saide Peter your saide Orator, then being but of tender age, that is to say, of the age of twelue yeares or there abouts. But so it is right honorable Lord, that all the Euidences, Deedes, Charters, writings, and mini∣ments concerning the said mannors and premisses during the minori∣tie of your said Orator, came casually to the hands & possession of R. D. Esquier, who by cullor of hauing of the said Euidences, Deedes, Char∣ters, writings and miniments hath wrongfully entred into the saide manors, lands, tenements, and other the premisses, and of the same hath made and contriued diuers and sundrie secret and false estates and conueyances to diuers persons to your saide Orator vnknowne, to his owne vse, to the vtter disherison of your saide Orator. And albeit your saide Orator hath diuers and sundrie times required the saide R. D. as well to deliuer vnto him the said Euidences, Deedes, Char∣ters, writings, and miniments, as also peaceablie and quietly to suffer and permit him to enioy y^e said manors, lands, & tenements, with their appurtenances, yet y^• said R. D. hath alwaies hitherto denied & refused, & yet denieth & refuseth so to do, cōtrary to all right, equitie, & good con∣science: And forasmuch as your Orator knoweth not the certaintie of the said euidences, deeds, charters, writings, & miniments, nor whether they be contained in bag or box ensealed, or chest locked yea or no, he is like to be without all remedy for y^• recouery of y^• same by the order & due course of y^• cōmon lawe, except your Lo. goodnes be vnto him shewed in this behalf. In cōsideration wherof it may please your good L. to grant

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vnto your Orator the King and Queenes Maiesties writ of Subpena to be directed to the saide R. D. Commaunding him by the same at a certaine day, and vnder a certaine paine by your Lordship to be limited, personally to appeare before your good Lordship in the King and Qu. high Court of Chauncery at Westminster, then and there to make aun∣swere to the premisses &c.

R. Cat.

The Aunswere of the defendant to the said Bill, wherein is confessed the ha∣uing of diuers euidences concerning the lands mentioned in the said Bill, and that he is readie to deliuer them to whom the Court shall order them to belong: And for that the plaintifes father is yet liuing, the defen∣dant prayeth that he may be called into the Court to shew what title he hath to the said euidences, and disclaymeth to haue any interest in any of the mannors &c. mentioned in the Bill, but an Interest he may be en∣tituled to haue by reason of a Statute merchant he hath which was ac∣knowledged by the complaynants father.

The Aunswere of R. D. Esquier to the Bill of com∣playnt of T. M. Gentleman.

THe said defendant by protestation not confessing or acknowled∣ging [unspec A] * 9.108 any such seisin, dying seised, or discent as in the said Bill is alleaged for aunswere, sayth, that he is not, nor at the time of the exhi∣biting of the said Bill was not Tenant of the said mannors, and other the premisses, sauing only such benefit, interest, and title as the said R. is or may be entituled to haue in or to the premisses, by reason of a certaine Statute merchant, or Recognizance knowledged by W. M. Esquier, father of the said complaynant to Sir P. D. Knight, deceased. Thaduantage of exception thereof, and all other benefits and interests that the said defendant hath or may haue by reason of the said Statute merchant or Recognizance knowledged by the saide W. M. Esquier, father of the said complaynant as aforesaid, and the execution to be sued of the same to the said defendant alwayes saued and reserued, the saide defendant for all other Interests or Titles disclaimeth in the said ma∣nors, lands, or tenements. And as to any euidences concerning the said manors, lands, and tenements mentioned in the said Bill, except one Indenture, and one other writing made by the saide W. M. and one writing made by the said complaynant: The said defendant by prote∣station not knowing the certaintie what euidences he hath in his custo∣die concerning the said mannors and other the premisses, for that they be in the County of Chester, now farre from the said defendant, for aun∣swere

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saith, that the saide W. M. father to the said complaynant long time past was seised of the said Mannors, lands, and Tenements of an estate of inheritance in possession or in vse by discent from his Aunce∣stors, and the said Euidences came to the hands of the said Sir P. D. Knight long time past, and by and after the death of the said Sir P. D. the same euidences came to the possession of the said defendant, which said defendant desireth that the saide W. M. which is yet in full life may be called into this honorable Court to shewe what title he hath or claymeth to the saide euidences, and the saide defendant is and shall be readie to deliuer such euidences as he hath concerning the premisses, except the said Statute merchant, and other writings and defeasances of the said Statute as appertaineth to the said defendant to such per∣son or persons to whome this honorable Court shall award the same to appertayne: And as to three writings before excepted, the said de∣fendant hath them here readie in this honorable Court, to be deliuered to whome this honorable Court shall adiudge the same to appertayne, Without that that the saide defendant hath wrongfully entered into the said Mannors, lands, and Tenements, and of the same hath made or contriued any estates and conueyances to diuers persons in such sort as in the said Bill is vntruly alleaged: And without that that any o∣ther thing materiall to be aunswered vnto, other then that in this pre∣sent Aunswere is confessed and auoyded is true: All which matters the said defendant is ready to auerre and prooue as this honorable Court shall award, and prayeth as before he hath desired: And also that he may be dismissed out of this honorable Court with his reasonable costs and charges for his wrongfull vexations sustained in this behalfe.

Am. Gilbert.

A bill of complaint by I. W. and the Lady lane his Wife, daughter and heire of the Lady Iane deceased against the husband and his wife, for entring into a house, and lands, and keeping of the possession thereof, for detay∣ning of Euidences, and contriuing of secret estates in the premisses.

To the right reuerend Father in God Stephen Bishop of Winchester, Lo. Chauncellor of England.

IN right humble wise complayning, sheweth vnto your good Lord∣ship [unspec A] * 9.109 your Suppliants I. W. and the Lady Iane his Wife, daughter and heire to the Lady Iane P. deceased. That whereas the said Lady Iane P. in her life time was lawfully seased in her demesne as of fee, of and in one mesuage or house, with a gardeine thereunto belonging, set, lying, and being in B. in the Countie of D. and of and in 12. acres of errable land, medow, and pasture, with their appurtenances thereunto

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belonging in B. aforesaid, and so being of such an estate thereof seised about foure yeares past died thereof seised. After and by whose death the premisses discended and came as of right they ought to discend and come vnto your sayde Oratrix, as daughter and heire of the saide Lady Ia. P. her mother. So it is if it may please your good Lord∣ship, that diuers Deeds, Euidences, Charters, Miniments, and wri∣tings concerning onlie the premisses and of right belonging to your said Oratrix as in the right of the said Lady I••. P. by casuall meanes are come to the hands, possession and custodie of I. C. Gentleman, and E. his Wife, who by cullor of hauing the sayde Euidences and wri∣tings, haue entred into the premisses, and by cullour thereof haue con∣triued, conueyed, and made to themselues diuers secret estates of the premisses, and thereby do likewise detaine and keepe the possession of the same premisses from your said Orators, albeit they haue beene di∣uers and sundrie times thereunto by your suppliants required for the deliuerie of the same, yet that to do they haue alwayes hitherunto de∣nyed, and yet to denye to the manifest disinheriting of the saide A. and the great wrong and losse of both your saide Orators, for that your saide Orators do not knowe the certeine number, or certaine dates of the deedes and conueyances, nor whether they be contayned in bagge or boxe sealed, or chest locked, whereby they be for the recouerie of the same premisses cleane without remedie by the strict course of the com∣mon lawes of this Realme. In consideration whereof the premisses by your good Lordship tenderly considered, it may please your good Lord∣ship to graunt vnto your said Orators the Qu. Maiesties most gratious writ of Subpena to be directed to the said I. C. and E. his wife, com∣maunding them and eyther of them thereby personallie to appeare be∣fore your good Lordship in the Queenes Maiesties high Court of Chauncerie at a certaine day, and vnder a certaine paine therein by your good Lordship to be limitted and appointed, then and there to answere to the premisses, and further, to stand to and abide such finall order and direction therein as to you Ho. good Lo. with right and equitie shall seeme most meete and conuenient. And your said Orators shall pray for &c.

A bill by the leassee for yeares of the Scite of a Man••or &c. contayning the detayning of the plaintifes lease of the premisses, the breaking of the seales thereof, and that the defendandts by a practise amongst them, to the intent to impouerish the plaintife, and vniustlie to get from him the premisses, haue brought an Assise in the towne of Salop against him for the same, in which suit there is a partial Iurie returned by the Bayliffes of the said towne. And one other suit comenced against him for part of

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the premisses by one of the defendāts before the Counsell in the marches of Wales, and therefore prayeth an Iniunction for stay of the said suits: and also a Subpena against the defendants to appeare and aunswere the bill.

To the Right Ho. Sir Nicholas Bacon Knight, Lord Keeper of the great seale of England.

IN most humble wise complayning, sheweth vnto your Ho. good Lo. [unspec A] * 9.110 your poore & dayly Orator H. D. of A. in y^• Countie of Salop Gent̄. That whereas one Io. late Duke of Northumberland in his life time amongst diuers other lands, tenements, & hereditaments was lawfully seised in his demesne as of fee, of & in y^e manor of A. lying & being with∣in the said County of S. and so being thereof seised by his deede inden∣ted about the 27. yeare of the Raigne of the late King of famous me∣morie King Henry the 8. by the name of Sir Io. D. Knight, did de∣mise, graunt, set, and to farnie let vnto P. C. the Scite of the Manor of A. aforesaid, together with the mansion or hall place of the same: And all and singular lands, meadowes, leasowes, pastures, feedings, woods, waters, and commons, with all other commodities, duties, seruices, and customes to the said Scyte of the said Mannor belonging or in any wise appertayning: To haue and to hould the aforesaid Scyte of the saide Mannor, and all other the premisses, and all and singuler the appur∣tenaunces to the said P. C. his executors and assignes from the feast of Saint Michaell the Archangell then next comming after the date of the aforesaide Indentures vnto the end and tearme of threescore yeares then next ensuing, and fullie to be compleated and ended, yeel∣ding and paying therefore yearely vnto the saide Sir Iohn Dudley his heires and assignes foure pound sterling at the feast of the Annun∣ciation of our Lady, and Saint Michaell the Archangell by euen por∣tions, with diuers other couenaunts, graunts, and agreaments con∣tayned and specified in the saide Indentures, as by the same more at large it doth and may appeare: By force whereof the said P. C. into the premisses entered, and was possessed accordinglie: The state and interest of which saide P. C. to and in the premisses, and euery part and parcell thereof, your poore Orator by iust and lawfull conuey∣ance and assurance in lawe of long time hath had and now hath, and the same hath quietlie and continuallie possessed and enioyed for and by the space of fourteene yeares nowe last passed by force of the sayd Lease made to the sayde P. C. by the aforesayde Duke, without lette or interruption of anye person or persons, vntill now of late that the aforesayde Lease is casuallie come to the hands & possession of Ed. Le. of P. in the County of S. Esquier, which persons

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malitiously intending your poore Orators impouerishment and vtter vndoing, haue not only wilfully broken in pieces and disseuered from the said Lease the seales of Armes of the saide late Duke annexed by him to the aforesaid lease, and otherwise defaced the same, to the intent your said Orator although he should recouer against them by due order and course of the lawes of this Realme the aforesaid lease, yet he might be the lesse able to prooue the saide Lease to be made by the aforesaid Duke, for that they well perceiue the time now so farre spent, that very fewe or none of the witnesses that were present at thensealing and de∣liuerie of the said Lease be now liuing as they suppose: But also they haue further conspired and agreed amongst themselues, together with one R. W. of A. in the Countie of Salop, and R. S. of the towne of Salop and Countie aforesaid. That he the said R. W. in the name of the said Ed. Le. at the only costs and charges of the said R. W. should arraigne an Assise of Nouel Dissesine against your said Orator in the Towne court of Salop, for that the aforesaid Scyte of the mannor of Acton Renard and other the premisses are scituate and lying within the iurisdiction of the said Towne court of Salop, supposing thereby your saide Orator to haue disseised the saide Ed. Le. of his Freehold in Acton Renard aforesaid, intending thereby through his sinister dealing and practising by indirect meanes with the Bayliffes of the saide Towne, which haue returned a pannell of such Iurors as he the saide Ed. Le. and other of his friends, kinred, and allyance, might rather through friendship and fauour then by reason of any good matter, win and allure to find and giue verdict for the said Ed. Le. rather then for your said Orator, although his interest and right to and in the premis∣ses be very good & rightfull as in very deede it is: But also the afore∣said Ed. L. together with others the persons aboue named, haue, for your poore Orators further trouble, vexation, and expences, conspired and agreed amongst themselues together with the aforenamed R. D. that he the said R. D. should exhibit his Bill of complaint against your said Orator before the Queenes Maiesties Councell in the marches of Wales, pretending thereby title and interest to part of the saide land, by vertue of a supposed lease for yeares made to one R. D. Clerke, by one A. N. Esquier, where in very deede there was neuer any such lease thereof to him made by the said A. N. so that the said R. S. hath not by reason of any such lease, or otherwise any iust cause of suit against your saide Orator: which vngodly inuention and diuelish deuises of theirs they of late put in vre, and practised against your saide Orator, inten∣ding thereby through the suit had and prosecuted by the saide R. W. in the name of the saide Ed. Le. aforesaid against your saide Orator in the Towne court of Salop aforesaid, where the saide Ed. Le. is greatly

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friended of kinne and allyaunce, And also through the aforesayde suite commenced before the Queenes Maiesties Councell by the sayde R. D. against your sayde Orator, where the sayde Ed. Le. is also greatlie friended and acquainted, and readie at all assayes as much as in him lyeth, to succour and further the sayde R. D. in his sayde suite against your sayde Orator in the Courtes aforesaide, where the saide Ed. Le. and R. D. are verie well friended and al∣lyed as aforesayde, and your sayde Orator a meere straunger and of the Countie of Chester borne a poore seruingman there altogether vnfriended, and not acquainted, intending by their sayde suites so to trouble and vexe your sayde Orator, and to put him to such intolle∣rable charges and expences in defending his right against them, that your poore Orator either for lacke of substance and wealth should not be able to heare the charge of the sayde suits in lawe a∣gainst them, but eyther be compelled of meere necessitie to yeeld and giue vp his interest in the premisses vnto them, or else to trouble and molest your sayde Orator in the sayde Courts, that eyther for want of wealth, or leysure, your sayde Orator should not be able to complaine against them before your Honor, or elsewhere to seeke for redresse to be had therein by due meanes, and order of the lawes of this Realme. In tender consideration whereof, and for as much as your sayde Orator knoweth not the certayne date of the afore∣sayde Lease, nor yet the number of yeares therein contayned, by reason whereof your sayde Orator by meanes thereof is without all remedye by the due course and order of the Common lawes of this Realme. May it therefore please your good Lordship the pre∣misses considered, not onelie to graunt the Queenes Maiesties writ of Iniunction to be directed to the sayde Ed. L. R. W. and R. D. and to euery of them, and to all theyr Counsellors, Attourneys, and Solicitors, and to the Counsellor, Attourneys, and Sollicitors of euery of them, commaunding them and euery of them thereby no further to prosecute, or proceede in the saide suits or eyther of them, against your sayd Orator before the Queenes Maiesties Counsell in the Marches of Wales, nor before the Bayliffes of the said towne of S. vntill such further order therein be taken by your good Lordship as shall seeme to stand with conscience and equitie, but also to graunt the Queenes Maiesties most gratious writ of Subpena to be direc∣ted vnto the said Ed. L. R. D. &c. and to euery of them, commaunding them and euery of them thereby vnder a certayne payne therein to be limited personallie to appeare before your good Lordship in the Qu. Maiesties high Court of Chauncerie at a certaine day therein to be contained, then and there to aunswere to the premisses &c. And your

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poore Orator shall dayly pray vnto God for the preseruation of your honorable estate long to continue.

A bill contayning that one being seazedin fee of an Inne in London, leased the same to one for yeares reseruing a rent, the which lease came by di∣uers meane conueyances to the plaintife, with couenaunt to make fur∣ther assurances: and then they shewe that the originall Lease and the meane conueyances, with a deede of guift, are come to the hands of the defendants, by cullor whereof they haue entred into the possession of the Inne, and thereof haue dispossessed the plaintifes, and that they refuse to deliuer the lease, meane conueyances, and deede of guift, or to make any further conueyances to the plaintifes of the said Inne according to the said couenant, whereupon the plaintifes pray a Subpena, with a duces tecum against the defendants.

To the Right Ho. Sir Christopher Hatton of the most noble order of the garter, Knight, L. Chancellor of England.

IN most humble wise complaining, shewen vnto your good Lo. your [unspec A] * 9.111 dayly Orators I. L. & N. Mo. Citizens & Clothworkers of the Citie of London, that whereas one A. B. Citizen and Fishmonger of London was lawfully seazed in his demesne as of fee, of and in one house or te∣nement, called the signe of the Lambe, with the shops, sellers, sollers, to∣gether with all & singuler the appurtenances, set, lying, & being in the parish of S. Michaell in Cornehill London, sometimes in the occupa∣tion of one I. S. Grocer, and the said A. B. so being of the said house or tenement & other the premisses of such an estate seised, about the month of September in the 36. yeare of the raigne of the late king of famous memory King Henry the 8. did by his deede in writing sufficient in the lawe, demise, graunt, & to farme let to one W. Lo. citizen & black smith of London the said house or tenement, & other the premisses, To haue & to hold to the said W. Lo. his executors & Assignes for the terme of di∣uers yeares yet enduring at & for a certeine yearely rent thereupon re∣serued. 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 administra∣tion 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

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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 en∣tered, & 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, in∣terest, 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 Al∣banye 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 be∣ing 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 Bar∣bara 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 ac∣cordingly, & 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 posses∣sed, 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 assigne∣mēt 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 afore∣saide, as all the estate, right, title, Interest, terme of yeares, vse,

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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, & Ber∣saba 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 premis∣ses 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 there∣of, & 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 assigne∣ments 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 euiden∣ces & writings, or to make them any further assurāce of the premisses, notwithstanding they haue beene sundry times thereunto gently requi∣red, but by practize and confederacie with other their complices, aduersaries of your sayde Orators, goe about to impeach, hinder,

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and ouerthrow your Orators good and lawfull estate in and to the pre∣misses contrarie to all right, equitie, and good conscience, and to the manifest and expresse wrong and iniurie of your said Orators. In con∣sideration whereof, and for that your Orators knowe not the certeine dates, number, nor contents of the said Euidences and writings, nor wherein the same are conteyned, whether in bag or boxe sealed or vn∣sealed, chest or cofer locked or vnlocked, and so consequently without apt remedie at the common lawe for the recouerie thereof, or to com∣pell the saide Robert Williams, Barbara his wife, and the Executors or Administrators of the said Eliz. Mosier or any of them to make vn∣to your Orators further assurance of the premisses, or to keepe or de∣fend their lawfull title thereunto. May it therefore please your good Lordship to graunt vnto your Orators her Maiesties most gratious writ of Subpena, with a Duces tecum to be directed to the said Robert Williams and Bersaba alias Barbara his wife, commaunding them and either of them thereby at a certeine day and vnder a certeine paine by your Lordship to be limited to be, and personallie to appeare before your Lordship in her Maiesties most high Court of Chauncerie, and to bring with them the said originall Indenture of lease, & the said deede of gift, and all other the meane assignements thereof, Then and there aswell to auNswere to the premisses, as also to stand to and abide such further order and direction therein as to your Lordship shalbe thought to stand with equitie and good conscience, And your saide Orators ac∣cording to their bounden dutie shall pray to God for your Lordships long life, with increase of much honour.

The ioint and seuerall aunsweres of R. W. and Bersaba his wife defendants to the bill of complaint of I. L. and N. M. complaynants.

THe said defendants by protestation not confessing the said B. to be [unspec A] * 9.112 lawfully seised in his demesne as of fee, of and in the said house or tenement called the signe of the Lambe, with the shops, sellers, sollars, and other their appurtenances: Neither that the saide Brincton did graunt it to the saide W. L. for certeine yeares vpon a ceerteine rent in maner as the said plaintifes haue alledged: neither that the said L. was thereof possessed accordinglie, and so being possessed, did bargaine, sell, and conuey the said Indenture and all his title and terme vnto the said T. H. and his Assignees, or that the said H. was thereof possessed accor∣dinglie, or that after his decease the administration of all the goods and chattels were committed to Ioane his wife, or that she was possessed thereof by vertue of the said administration, or after tooke to husband the saide Pinchbecke. But the saide defendants for aunswere say, that they haue heard that the saide Pinchbecke was possessed of the saide

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house called the Lambe, but whether the saide Pinchbecke conueyed his estate to the said Mosier, or that the said Mosier was possessed there∣of, or by his deede of gift did assure the premisses vnto the saide B. she knoweth not, but saith, that about 26. yeares sithence the said Mosier did giue all his goods and Chattels to the said B. and the said Bersaba one of the said defendāts, but she knoweth not whether the said B. was possessed of the said house, or died thereof possessed. And the said Bersa∣ba saith, that the said B. apointed her his Executrix of his last will, but knoweth not whether the premisses came to her by suruiuorship or exe∣cutorship or any other wayes, or whether she was possessed thereof by those or any other meanes. And the saide defendants further say, that it is more then they do certainelie knowe whether they or either of them were thereof in right possessed. and the saide Robert Williams saith that whether he assigned or set our his Interest or the Lease thereof in the said house and premisses vnto the said Smith he knoweth not, but to his remembrance he sealed and deliuered an obligation as he taketh it to the saide Smith, but vpon what condition he knoweth not, being three yeares past, and he altogether vnlearned, without that that the said Smith gaue the said Robert Williams for his interest of the saide house any money to his remembrance, neither do the saide defendants know whether the said Smith did bargaine & sell assigne or set ouer all his estate in & to the premisses, and the Indenture with other writings vnto the said complainants. Or that the said cōplainants did enter ac∣cordingly, or were possessed thereof, or tooke the profits thereof as it is alledged, without that that the originall Indenture of lease, or y^• meane conueyances or assignements thereof are come to the possession of the said defendants. But the said Bersaba saith, that the said deede of gift made by the said William Moysier was in her possession about 3. yeres now past, but what is become of it since she knoweth not: And without that that the saide defendants haue by coulour thereof vnlawfully en∣tred into the possession of the premisses, or disposessed the said complai∣nants in such maner and forme as in and by their said bill of complaint is alledged. And without that &c.

A bill containing that the plaintife is seazed in fee of the mannor of O. and that one of the defendants is also seased of the mannor of C. in fee holden of the plaintifes manor by homage, fealtie, escuage, and rent, and that the same defendant hath assured parcell of his said mannor to the other of the said defendants in fee, and that the same is holden of his said mannor by the same seruices and part of the rent: and that diuers Euidences &c. are come to the hands of the defendants, and that the defendants intend to dis∣herit the plaintife of the rent and seruices, and that they refuse to pay the plaintife the rent, or to do him the seruices, and so prayeth a Subpena a∣gainst the two defendants.

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To the right honourable and reuerend Father in God Stephen Bishop of Winchester, and L. Chauncellor of England.

SHeweth & complaineth vnto your good Lo. your dayly Orator Sir [unspec A] * 9.113 T. H. Knight, that where your said Orator is lawfully seised in his demesne as of fee of & in the manor of D. in the County of C. of which manor diuers persons being tenants and freeholders do hold by suit of Court and other seruices. And where also one Io. W. of C. in the said County of C. Esquier is also seazed in his demesne as of fee of & in the Manor & Lordship of C. in y^• said County of C. and of & in diuers lands & tenements in C. in the said County of C. and so being thereof seazed the same doth hold of your said Orator as of his said manor of D. by ho∣mage, fealty, escuage, vi. s̄. of rent & suit of Court from three weekes to three weekes holden within the said manor of D. And the said I. W. so being seazed of the premisses hath now lately conueyed & assured part of the said manor, lands & tenements in C. aforesaid vnto one H. S. Es∣quier his heires & assignes, by reason wherof y^• said H. S. doth now hold the said parcell of land of your said Orator as of his said manor of D. by the seruice aforesaid, & by part of the said rent of vi. s̄. acording to y^• quā∣titie of the said lands so by him purchased of the said I. W. And so it is right ho. Lo. that diuers deeds, euidences, writings, & courtrolls, aswell tōcerning the said manor of D. as also cōcerning the said ren•• & seruice before rehearsed, be now of late casually come to the hands, custodie, & possession of the said I. W. and H. S. who by coulour thereof do intend now vtterly to disinherit your said Orator of his said rent and seruices, and do deny & refuse either to pay vnto your said Orator his said rent, or else to do vnto him his said seruices: And although your said Orator hath diuers & sundry times required y^• said I. W. & H. S. aswell to de∣liuer vnto him the said Euidences, deeds, writings, & courtrolls, as also to pay & do vnto him the said rent & seruices according as of right they ought to do, yet neuertheles the said I. W. & H. S. haue vtterly denied & refused alwaies the same to do cōtrary to all equitie & cōscience. And forasmuch as your said Orator knoweth not the certaintie of the saide deedes, euidences, & writings, nor wherein y^• same be conteined, nor also knoweth not the certaintie of the said lands & tenements that the saide H. S. hath purchased of the said I. W. therefore he is not only clearely without remedie for the recouerie of the said deeds and euidences, but also by the order of the common lawe is not able to make any auowrie vpon the said H. S. for his said rent. In consideration whereof may it please your good Lo. to graunt the King and Queenes most gratious writ of Subpena to be directed vnto the saide I. W. and H. S. com∣maunding them and either of them by vertue thereof personallie

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to apeare before your good Lordship in the King and Queenes most honorable Court of Chauncerie at Westminster, there to make aun∣swere to all the premisses, and therein to abide such order and direction as to your good Lordship shall be thought consonant to equitie and good conscience, and your said Orator shall dayly pray to God for your good Lordship in health and honour long to continue.

An Answere to the bill next before. The Aunswere of H. S. Esquier to the bill of complaynt of Sir T. H. Knight.

THe said defendant saith, that the said bill of complaynt is vntrue, [unspec A] * 9.114 vncerteine & insufficient in the lawe to be aunswered vnto, and the matters therein conteined are determinable and ought to be determi∣ned at the Common lawe within the Countie Palantine of C. within which Countie aswell the saide complaynant as the saide defendant do dwell. And also the said mannor and other the premisses mentioned in the said bill of complaint, and supposed to be holden of the said complai∣nant do lie and be: and further saith, that it apeareth by the saide bill of complaint, that although it were true as it is not indeede that the said mannor of Capisthorne were holden of the saide complainant in such manner and forme as in his said bill is surmised, yet the said defendant doth not nor can or ought by the lawe of the realme hold such parcell of the same mannor of C. as he hath purchased by the seruices mentio∣ned in the saide bill. And also that the saide complainant is compellable by the lawes and statutes of this realme to auow at his perill vpon such parcell of the said mannor of C. as is seuered frō the same in fee simple for such portion of the said rent as the value of the same parcell so seue∣red doth amount vnto, and hath his ordinarie remedie for the same by the order of the common lawes and of the statutes of this realme in that case prouided, if the allegations of his bill be true, and the said rent can not by the order of the common lawe of this realme be aportioned in this honorable Court. For which matters and other causes aparant in the said bill the said defendant saith, that the same bill and the mat∣ters conteyned in the same be insufficient in the lawe to be aunswered vnto: And that he is not compellable, nor ought by the lawe to be com∣pelled to make any further aunswere to the same, and demurreth in lawe vpon the same, and prayeth to be dismissed out of this honorable Court without any further aunswere to be made thereunto. And if this Court will not nor do admit this demurrer, but the same notwith∣standing will compell the said defendant to make further aunswere to the said bill as otherwise then by compulsatorie order of this Court the

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said defendant clayming the aduantage of the lawes of this realme whereby he ought to be tryed, doth not nor will make any further or other aunswere to the same, then the saide defendant after such order made by this Court to make further answere saith, that the said I. W. named in the said bill of complaint was seazed in his demesne as of fee, of and in one Mese and certeine lands and tenements conteyning by estimation 60. acres or thereabouts, which mese and lands is called W. and are within the Countie of C. aforesaid, and are of the yearely rent and value of 51. s̄. 4. d . and the said I. W. so being thereof seised for certeine summes of money to him paid, did bargaine and sell the said Mese, lands, and tenements called W. vnto the said defendant and his heires, and thereupon did by sufficient and lawfull conueyance in the lawe conuey and assure the said Mese, lands, and tenements called W. vnto t••e said defendant and his heires, to the proper vse of the said defendant and of his heires, by force whereof the said defendant entred into the premisses, and was thereof seised in his demesne as of fee, and the same estate continued vntill about the fifth yeare of the raigne of the late King Eow, the sixt, that one R. B. by the commaundement of the said complainant did enter into the said Mese, and into one pasture or croft, cō••eyning by estimation 2. Acres of land, lying on y^• Southeast part of the said Mese and adioyning to the same, and into one Orchard and one garden lying to the said mese, being parcell of the saide lands and tenements called W. and in W. aforesaid, and thereof did dissease the said defendant to the vse of the said complainant, to which entrie and disseisin the said complainant did agree, by force whereof the said complainant was and yet is seased in his demes••e as of fee by disseisin as is aforesaid of the said mese, orchard, garden and croft, without that that the said defendant I. W. did hold the said mannor of Capishorne of the saide complainant in manner and forme and by such seruices as by the said bill of complaint is alledged. Or that there is any such man∣nor of C. to the knowledge of this defendant, or that the said I. W. did or doth hold the said mannor of C. of the said complainant to the know∣ledge of the saide defendant, or that the saide defendant had any other meses, lands, or tenements which at any time were the meses, lands, or tenements of the saide I. W. other then the said mese, lands, and tene∣ments called W. or that the said mese, lands, and tenements called W. are or at any time were parcell of the said mannor of T. and if the said mese, lands, and tenements called W. had beene parcell of the said man∣nor of C. as they were not, or if the saide defendant did hold the saide mese, lands, and tenements called W. of the said complainant acording to the quantitie of the said rent and seruice, as the said complainant by his saide bill of complaint hath supposed as he doth not indeede, yet

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forsomuch as the said complainant is seised of parcell of the said lands and tenements called W. by disseisin as is aforesaide, and the same mese, lands & tenements called Woodford are holden all by one entire tenure, the whole rent and seruices are suspended during the time of the saide deseisin, and the said defendant is and ought by the lawe to be discharged during the time of the saide disseisin, without that that any Euidences, deedes, writings or Courtrowles concerning the said man∣nor of Ouer, or the said rent and seruice at any time came to the hands, custodie, and possession of the said defendant, or that the said defendant doth intend vtterly to disinherit the saide complainant of the said rent and seruices, or doth wrongfullie denie to do the the said complaynant any seruices which he ought to do or pay, or that any other thing &c. All which matters &c.

A Replication to the Answere next before. The Replication of Sir T. H. Knight, to the Aunswere of H. S. Esquier.

THe said complainant saith in all and euery thing as he before in his [unspec A] * 9.115 bill hath saide, and auerreth all and euery thing therein conteined to be good and true in such manner and forme as in his said bill is alled∣ged, without that that the saide R. B. named in the saide aunswere did wrongfullie enter by the commaundement of this complaynant into the said mese & other the lands named in the said answere, being parcell of the said lands & tenements called Woodford, or thereof disseised the said defend to the vse of the said compl as by the saide answere it is vn∣trulie alledged, or that the said compl did agree to any such entrie & dis∣seisin, as by the said aunswere is supposed, or that this compl was or is by force thereof seised by dissesin of the saide mesuage, orchard, and gar∣den named in the said answere, as by the said answere is vntruly alled∣ged, or that any other matter or thing alledged in the saide answere ma∣teriall to be replied vnto, which heere in this replication is not confes∣sed and auoided, denied or trauersed, is true. All which matters &c.

G. Ge.

A bill containing that the plaintife by bargaine and sale, by feoffement and fine bought one mese &c. in fee, and that diuers euidences concerning the premisses are casually come to the plaintifes hands, and that by cul∣lour thereof the plaintife hath entred into parcell of the premisses and expulsed the plaintife from the possession thereof, and wrongfully kee∣peth the same.

To the Right Ho. and the reuerend Father in God Stephen Bishop of Winchester.

COmplayning sheweth vnto your ho. Lo. your Orator H. S. Es∣quier, [unspec A] * 9.116 that where one I. W. of C. in the County of C. was seised in

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his demesne as of fee, of & in one mese, one gardē, one orchard, 60. acres of land, meadow, wood, and pasture, with the appurtenances in W. cal∣led W. in the Countie of C. and the said I. W. and his ancestors, whose heire he is, did cōtinue peaceable possession of the premisses by the space of 100. yeares and aboue, and the said I. W. so being thereof seised for certeine great summes of money to the said I. W. by your said Orator cōtented & paid, did bargaine & sell the premisses vnto your said Orator & his heires to the proper vse of your said Orator & of his said heires for euer, and thereupon did by his deede sufficient in the lawe, giue, grant, & confirme y^• premisses vnto your said Orator & his heires for euer. And for a further assurance thereof to be had vnto your said Orator and his heires, the said I. W. before the Iustice of y^• said County of C. did leuie a fine sur conusance de droit of the said mese, lands, and tenements vnto your said Orator, and by by the same fine the said I. W. did knowledge all the right which he had in the same mese, lands, & tenements to be the right of your saide Orator, as those which your saide Orator had of his gift, as by the said deede & fine more at large it doth & may appeare, by force whereof your said Orator entred into the premisses, & was there∣of seised in his demesne as of fee. But so it is if it may please your hon. Lo. that diuers euidences, deeds, escripts & miniments concerning the premisses are casually come to the hāds, custodie & possession of one Sir T. H. Knight, who by coulour of hauing thereof hath wrongfully en∣tred into the said mese, orchard, gardeine, and into one croft conteining by estimation 2. acres of land lying & adioyning vnto the said mese on the Southeast part of the said mese parcell of the premisses, and expul∣sed your said orator from the possession thereof: And the said Sir T. H. doth still wrongfully keepe your said Orator from the possession of the said mese, orchard, garden, & croft. And although your said Orator haue diuers times required the said Sir T. H. not only to permit and suffer your said orator to haue & inioy the said mese, lands, and tenements, but also to make deliuerie thereof vnto your said orator, which to do the said Sir Tho. at all times hath refused & yet doth refuse, contrary to right, equitie, and conscience. In consideration whereof, and for so much as your saide Orator knoweth not the certaintie of the saide Euidences, deedes and writings, nor wherein they be conteyned, therefore he is without remedie by the order of the common lawe. It may therefore please your honorable Lordship to graunt &c.

The Aunswere of Sir T. H. Knight to the Bill of complaint of H. S.

THe said defend saith y^• the said bill of compl is vncerteine & insuffi∣cient [unspec A] * 9.117 in y^• law to be answered vnto, & the matters therein cōteined

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beene very vntruly deuised, imagined, and set forth, without any good matter or iust cause, only to the intent to put this defendant to wrong∣full vexation, trouble, and expences. And for aunswere vnto the saide insufficient bill, the said defendant saith, that our late soueraigne Lord King Henry the eight late King of England, father to our most soue∣raigne Ladie that now is, was seised among other lands in his demesne as of fee, as in the right of his said Crowne of and in the Mannor and Lordship of D. with the appurtenances and hamlets to the same apper∣taining, set, lying, and being in the Countie of C. whereof the said mes∣suage, garden, orchard, and croft, conteining by estimation the said two Acres of land lying in D. parcell of the premisses in the said bill of com∣plaint mentioned be parcell: And our said late soueraigne Lord King Henry the eight being so thereof lawfullie seised aswell for and in con∣sideration of the faithfull seruice that the saide defendant had done to the said late King Henry the 8. as also for diuers summes of money paid by y^• said defendant to the said late King Hen. the 8. the said late King Henry the 8. by his letters patents in this honorable Court readie to be shewed, the date whereof the said defendant doth not perfectly re∣member, did giue and graunt of his prescience and meere motion vnto the said defendant the said mannor and other the premisses in the saide Aunswere mentioned, to haue and to hold vnto the said defendant and his heires for euer, by force whereof this defendant vnto the premisses entred, and thereof was seised acordingly, and tooke the profits thereof acordingly, and yet doth as well and lawfull it was and is for him to do. And further the said defendant saith, that such euidences, deedes, escripts, and writings concerning the premisses mentioned in this aun∣swere as the said defendant hath concerning the same, he the said defen∣dant doth detaine and keepe them for the preseruation of the right, title and interest that he hath to the same as well and lawfull is for him to do. And furthermore the saide defendant saith, that as to any other deedes, euidences, writings and miniments concerning the residue of the said lands and tenements specified in the saide bill of complaint, or any parcell thereof in W. aforesaid, which do concerne the Interest, in∣heritance, and title of the said complaynant, the said defendant aunswe∣reth and saith, that he doth not withhold any, nor yet at any time hath withholden from the saide complaynant any such as by the saide bill is vntruly deposed, without that that the said Io. W. of C. named in the said bill was seised in his dem••sne as of fee of or in y^• said mese, orchard, garden, or croft mentioned in the said bill or any parcell thereof, set, ly∣ing, and being in D. aforesaid. Or that the said I. W. or his aunce••••ors whose heire he is did continue peaceable possession of the premisses by the space of 100. yeares and aboue as by the saide bill of complaint is

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vntrulie surmised, or that the said Io. so being thereof seised for certeine summes of money, did bargaine or sell, or might lawfully bargaine and sell the premisses conteyned in the said Aunswere or any part thereof set, lying, and being in D. or the Lordship of the same, to the said com∣playnant and his heires as by the said bill it is in like manner vntrulie alledged and supposed. Or that the said Io. before the Iustice of Assise of the said Countie of C. did leuie a fine sur conusance de droit of the said mese and other the premisses mentioned in the said aunswere, or of any parcell thereof vnto the said complainant, as by the said bill is also vn∣trulie surmised: or that by the said supposed fine the said Io. did know∣ledge, or might lawfullie knowledge the said mese and other the pre∣misses conteined in the said bill to be the right of the said complainant, as those which the said complainant had of his gift as it is in like man∣ner vntrulie supposed, or that by force thereof the said complainant en∣tred or might lawfullie enter into the said mese and other the premisses in this aunswere mentioned, or that he was thereof lawfullie seised in his demesne as of fee, as by the said bill it is also vntrulie surmised, and without that that any other matter or thing alledged in the saide bill materiall to be aunswered vnto, which heere in this aunswere is not confessed and auoided, denied or trauersed, is true. All which matters this defendant is readie to auerre 7 prooue as this Court shall award, and prayeth to be dismissed out of this Court with his costs and expen∣ces in this wrongfull vexation sustained.

R. Ge.

The Replication of H. S. to the Aunswere of Sir T. H. Knight.

THe said complainant saith, that the said bill of complaint is true, [unspec A] * 9.118 certeine, and sufficient in the lawe to be aunswered vnto, and not imagined and set forth by the said complainant of malice, or wrongful∣lie to put the said defendant to costs, labour, or expences, for the saide complainant auerreth his said bill of complaint and euery thing there∣in conteined to be good and true in manner and forme as in the said bill of complaint is alledged, without that that the late King Henry the 8. named in the saide aunswere was seazed in his demesne as of fee as in the right of his Crowne of and in the saide mese, garden, orchard, and croft, conteining by estimation two acres of land lying in D. parcell of the lands and tenements mentioned in the saide bill of complaint, as parcell of the mannor and Lordship of D. in the said Countie of C. or that the saide mese, garden, orchard, and croft, or any part or parcell thereof is or at any time was parcell of the same mannor, or that the said late King by his letters patents gaue and graunted vnto the saide defendant and his heires for euer the saide mese, garden, orchard, and

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croft, or that the saide late King Henry the 8. did or might lawfullie giue the said mese, garden, orchard, and croft vnto the said defendant, or that the saide mese, garden, orchard and croft, did or might lawfullie passe or come vnto the said defend by the said graunt, if any such graunt had beene as there was not indeede, or that the said defend by force of any such graunt or letters patents entred into the premisses last before mentioned, and was thereof seazed acordinglie, or did or might law∣fullie take the issues and profits thereof by force of the same letters pa∣tents, or that any other thing &c. All which matters the saide defen∣dant &c. And prayeth that it may be ordred by this ho. Court, that the said complainant may quietly enioy the lands and tenements mentio∣ned in the said bill of complaint, without let, suit, vexation, or impedi∣ment of the saide defendant, or of his heires, or any other person or per∣sons by his or their consent, ayde, title, or procurement.

A Supplication exhibited by a Scot to the priuie Counsell (his suit being commended to the Queene by letters from the King of Scots) robbed by Pirats vpon the Sea, who desireth a Commission to examine witnes∣ses to prooue the Piraci••.

To the Right Ho. the Lords and others of her Maiesties honorable priuie Counsell.

MOst humbly beseecheth your good Lo. your distressed Suppliant [unspec A] * 9.119 G. P. of the towne of Leth in Scotland, being lately robbed and spoiled by certaine english pirats vpon the seas of all his goods to the value of 400. l . or there abouts, as by certaine proceedings in the court of y^• Admiraltie plainly appeareth, and for that this cause hath bin com∣mended to her Maiestie by the king of Scots his letters, your Lo. poore suppliant therefore hopeth the rather to be relieued in any of his reaso∣nable & conscionable suits & requests at your ho. hands. It may there∣fore please your good Lo. to tender & pitie the case of your said Suppli∣ant, & to graunt vnto him your ho. letters of Commission to be directed to the Maior of the towne of H. in the Countie of P. & others Iustices of peace & Aldermen of the said towne, geuing them Aucthoritie there∣by to call before them the persons whose names be subscribed, & vpon their corporall oathes to examine thē vpon such questions or interroga∣tories as vpon your said suppliants behalfe shalbe ministred vnto them, and to certifie their sayings & depositions touching the premisses vnto your good Lo. vnder their hands & seales, with all cōuenient speede they may. And your good Lo. poore suppliant shal dayly pray to God for the preseruation of your good Lo. in all health & honour long to continue.

The indorsem*nt of the Supplication.

13. Decembr̄. 1600.

The humble petition of G. P. of Leth in Scotland.

And then endorse the contents of the petition.

the witnesses.

A. B.
C. D.
E. F.

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A Supplication by two maymed souldiers, to haue the Counsels licence to begge, or to haue some maintenance allowed them for the•• present stay and reliefe, vntill two Almes roumes which the Queene gaue in re∣uercion do become voide.

To the Right Ho. the Lords &c.

HUmblie shewe and beseech your good Lo. your very poore and [unspec A] * 9.120 humble Suppliants A. G. and B. C. That whereas in conside∣ration of the sundrie maymes and hurts of your ho. Suppliants in her Maiesties seruice, it pleased her highnesse of her most gratious dispo∣sition and pitifull consideration of vs, to giue and bestowe vpon vs the reuercion of two seuerall Almes roomes in the Hospitall of D. in the Citie of London during our liues when the same shall become voide, the which be yet full, and after their deathes which now be in the pos∣session of the same diuers reuercions are graunted to seuerall persons of the same, by reason whereof your Lo. poore Suppliants are neuer likely to enioy the same roumes for their reliefe and sustenance. In consideration whereof, and for that your ho. said suppliants be in very poore and weake estate by reason of their saide maymes and hurts, and greatly indebted to diuers persons, being charged with wiues and many children, not hauing any thing now left them to maintaine, helpe, or relieue themselues withall in this their great pouertie and ex∣tremities, but are readie to perish for lacke of sustenaunce and other meanes, It may therefore please your good Lo. the premisses being by your ho. tenderly considered, to graunt vnto your Lo. poore Suppliants for their present stay, reliefe and comfort, your Honours licence for the taking and receiuing of the Almes, and charitable beneuolence of the well disposed persons throughout the whole Realme, vntill the saide Almes roumes shall become voide, or some other prouision or mainte∣naunce for the reliefe of their present necessitie, such as to your Ho∣nours shall seeme meete and conueuient may be had & made, and your said poore Suppliants according to their bounden duties will pray to God for your good Lordships in all health & honour long to continue.

A Supplication by a Merchant straunger, who hauing beene before called into question for cosening of one in a barter of Pearle for Cloth, who de∣sireth the same may be examined and ended by Aldermen of London, and other assistants of skill and iudgement: And that if they cannot a∣gree, then the Lord Maior of London to be vmpier betwixt them, or else that the same may receiue a triall in any Court of Iustice within the realme, and that in the meane time his libertie may not be impeached.

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To the Right Honorable the Lords &c.

IN all humblenes beseecheth your honorable good Lordship I. C. of [unspec A] * 9.121 the Citie of London Merchaunt straunger. That whereas R. S. of the same Citie Merchant taylour hath sundrie times complained vnto your Honor that the saide Suppliant had cosened him in deliuering pearles for 185. pound, which were not worth 20. pound, in considera∣tion of a barter of cloth deliuered to your Lordships Suppliant, where∣upon it pleased your Lordship to graunt your warrant for the bringing of the saide Suppliant and his aged father before your good Lordship to answere to the said supposed cosenage obiected against them, which they haue alreadie in some sort answered, according to the shortnes of the time. But for as much as for the full and plaine discouerie of the said pretended cosenage, wherewith your Lordships said Suppliant is charged by the saide R. S. it seemeth requisite that the whole procee∣dings in the said barter or contract were throughly examined by some Aldermen of the Citie of London, calling vnto them for their assistance therein two of the Dutch Church, of sufficient iudgement and skill in such cases to be indifferently nominated by your saide Suppliant and the said R. S. It may therefore please your good Lordship to giue full power and aucthoritie by your Honors letters to Alderman S. and E. D. one of the Dutch Church chosen by your said Suppliant (if so it may stand with the liking of your good Lordship) being of iudge∣ment and skill, and very wise and discreete men, and to an other Alder∣man of the saide Citie, and any other of the said Dutch Church to be likewise nominated and appointed by the said R. S. who may examine and try out the truth of the saide supposed cosenage: And that it may also please your good Lordship that the Lord Maior of the said Citie of London may be by your Honor nominated and appointed to be vmpier in the said cause for the finall ending thereof, if it should so happen and fall out that the said foure persons should not fully end the same cause betwixt the saide parties touching the said supposed cosenage, to the which arbitrement & vmpiradge your saide Suppliant will willingly submit himselfe to stand vnto and performe. And if the saide cause can not by the saide arbitrators or vmpiers receiue a full and finall ende through the wilfulnes or frowardnes of the saide R. S. according to the charitable and honest intent and purpose of your Lordships saide Suppliant. Then your said Suppliant humblie beseecheth your Ho∣nor that it may be ordered by your good Lordship that the saide cause may receiue a short, speedie, vpright, and indifferent tryall at the Com∣mon lawe in what Court in shall please your good Lordship to appoint. And for that your said Suppliant doubteth least by the practise of the

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said R. S. his libertie may be impeached before the saide supposed cose∣nage may be fully tryed & ended, the petitioner therefore humblie be∣seecheth your good Lo. that by your Lo. order his poore aged father may be protected and defended from arrests or other trouble or mole∣station, vntill the said cause shall receiue a full and finall end, and your said Suppliant shall dayly pray to God for &c.

A Supplication by an Inkeeper imprisoned for treason vpon counterfaite letters from the priuie Counsell, who being thereof afterwards discharged by letters from the Counsell, had seuerall accions of det laid vpon him be∣fore his inlargement. And afterwards was from thence remoued to the Fleete, and there remayning for his det, prayeth that he may complaine of abuses offered to him, and to detect others of offences and misdemeanours by them committed. And also to write letters to the Commissioners for prisoners for det in the Fleete, to compound all causes betwixt him and his creditors.

To the Right Ho. the Lords &c.

HUmbly sheweth and complaineth vnto your good Lo. your poore [unspec A] * 9.122 suppliant & dayly Orator I. W. of N. now prisoner in y^• Fleete. That where about the month of September last past in the 32. yeare of her Maiesties raigne, one W. P. brought to the said towne of N. cer∣taine counterfait letters vnder the names of the Lo. Chancellor, Lord Treasuror, and others of her Ma. most honorable priuie Counsell, with commandement to I. B. then Maior of the said towne of N. by vertue of the said letters, to apprehend & take your said suppliant vpō suspition of treason, & to commit him to close prison, with beauy irons to be laide vpō him, the which the said Maior executed acordingly, where your said suppliant so continued by the space of 5. weekes. And your suppliant be∣ing so imprisoned, required the said Maior that the said W. P. might be stayed, for that he in the same yeare had counterfaited certeine other letters vnder diuers of your Lo. hands, but the saide Maior refused to stay him because he came with your Lo. letters to him (as he supposed) so the said W. P. departed, leauing your said suppliant in close prison. Whereupon your said poore suppliant sent one to aquaint your ho. with his poore distressed case, for redresse & reliefe frō your good Lo. therein, who thereupon receiued your honorable letters in your suppliants be∣halfe, directed vnto the said now Maior of the said towne of N. for his enlargement of his said imprisonment. But your Lo. said letters not∣withstanding, your poore suppliant was not set at libertie, but detained in prison by the space of 8. dayes after your Lo. letters were deliuered vnto the said Maior, by meanes whereof there was one execution for det, and diuers other Accions of debt laid vpon him to the vtter vndoing of him, his wife, & 8. poore children, your suppliant being a poore Inhol∣der in the sa•••• towne of N. & hauing no other trade of liuing or meanes

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to maintaine himselfe & his poore family, by reason of which said vntrue slaunder of suspition of Treason, & of his long imprisonment of seuen months or more, he hath lost all his accustomes guests being many, which vsed to come to his said house. May it therefore please your good Lo. the premisses being by your Honors tenderly considered, & for that your said poore suppliant vpō his remoue to the prison of the Fleete, en∣tered into bond to appeare before your good Lo. at what time soeuer it should please your Ho. to appoint im so to do, to admit your said sup∣pliant to complaine before your Ho. of diuers wrongs & abuses offered & done vnto your poore suppliant, as also to discouer & detect y^• said W. & some others his confederates of very lewd parts & offences cōmitted by thē: And also y^• it wil please your Ho. to graunt your letters to y^e Cō∣missioners for poore prisoners for debt in the Fleete, for y^• speedy com∣pounding & ending of all causes betwixt your said suppliant & his cre∣ditors, and your said suppliant as he is most bounden shal dayly pray for your Ho. good Lordship in health and in honour long to continue.

A Supplication containing that vpon a former supplication the Counsels let∣ters were directed to a knight and others of the c*ntrey where both the par∣ties dwelled to heare and end a cause being a matter of account, whereupon the knight and the others first wrote their letters to the parties and they not comming before them, vpon their letters they did thereupon by vertue of the Counsels said letters send their precept vnto them commaunding them to appeare before them for ending of the said cause, who refused to come be∣fore thē, the which his contempt was by the said knight &c. certified to the Counsell against them. And now the petitioner prayeth the Counsels war∣rant to bring the parties before the said knight &c. for the ending of the said cause, and if the said parties wilfully refuse to stand to and obey their order, then to commit them to the Gaole, there to remayne vntill they will be contented to obay and performe the same.

To the Right Honorable the Lords &c.

HUmbly sheweth vnto your good Lo. your humble suppliant N. [unspec A] * 9.123 C. Clothier, that whereas vpon a former petition exhibited vnto your good Lo. declaring the iniurious, vnconscionable, & sinister dea∣lings of one T. N. & I. his sonne, touching a matter of debt & account, which was by your said suppliant fullie satisfyed: Yet continued they suite against your said suppliant for the space of seuen yeares together only of purpose & malice to the end to molest, trouble, & impouerish your said suppliant, as by diuers certificates then to your Ho. by your saide suppliant shewed did fully & at large appeare, as also the lewde & euill conuersation & demeanor of y^e said I. N. dulie certified vnto your good Lo. by the towne of C. in the County of S. vnder the common Seale of

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the same towne: whereupon it pleased your good L. to direct your ho∣norable letters vnto Sir G. T. of A. in the said County of S. knight, & others, to call before them the said T. N. and all other persons whom that matter did in any wise concerne, and that vpon due hearing & exa∣mination of witnesses vpō both parts to be produced to proceede to the finall ending & determining thereof according to equitie & conscience, and thereupon the said Commissioners according to your Lo. said let∣ters of Commission sent first their letters, requiring them to come be∣fore them for the ending of the said cause: and for that they did not ap∣peare before them vpon their said letters, they then addressed vnto thē their precept, requiring and commanding them and euery of them by vertue of your Honours said letters of Commission to them directed, to come & appeare before them for the ending of the said cause, both which letters & precept were deliuered by one A. B. vnto the said T. N. who was the principall molestor & troubler of your suppliant in these cau∣ses, who albeit he had receiued the said letters & precept, yet that not∣withstanding he would not appeare before the said Commissioners, but contemptuously by his letters to the Cōmissioners refused to appeare before them either vpō the said letters or the precept frō the said Com∣missioners, as by a Certificate frō the said Commissioners ready to be shewed vnto your good Lo. may appeare, to the great derogation & con∣tempt of your good Lordships. May in therefore please your Ho. for the bridling & checking of such dissolute, froward, & wilfull obstinacie, to the terrifying of such like disobedient persons, to graunt vnto your said suppliant your Lo. warrant to be directed vnto the Sherife of the said County of S. to bring the said T. N. before the said Commissioners at such day, houre, & place, as by letters frō the said Commissioners to the said Sherife shalbe assigned or appointed: And that if the saide T. N. being so brought before the said Commissioners shall wilfully refuse to o bay & performe such order, end, & determination, as the said Commis∣sioners shall thinke good to set downe therein: That the said Commis∣sioners may haue full power & Aucthority to commit the said T. N. to the Gaole within the said County, there to remaine vntill he will yeeld to performe and obay the order and determination of the said Comms∣sioners, or that your good Lo. shall geue order and direction for his de∣liuery out of prison. And your said Suppliant shall dayly pray for the preseruation of your good Lordships in all felicitie and happines long to continue.

A Supplication by one for himselfe and for eight other prisoners endicted of murder in Wales (wrongfullie as they pretend) contayning a former Supplication, whereupon the Counsell ordered that they shoulde re∣ceiue their tryals vpon the sayd Indictmens of life and death in the

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Countie of Salop, and not in the Countie of M. where they were indicted, praying that they might be bayled, for that he was a freeholder of good woorth, and able to put in good suertie, that the Counsell would be pleased to giue order by their letters to the Lo. President and Counsell in the mar∣ches of Wales for the bayling of them.

To the Right Ho. the Lords &c.

MOst humbly enformeth your good Lo. your humble suppliant and [unspec A] * 9.124 dayly Orator E. D. of the County of C. for himselfe & 8. others, now prisoners in the Gaole of M. for a supposed murthering of one M. G. who died about Pentecost last past: That whereas vpō some sodaine heate of words bariance hapning to growe betweene the same M. G. & your said suppliant L. in the said County of C. vpon the 28. day of May last past, about the hauing vp of a writ of Capias, with a fee formerlie giuen for the executing of the same writ, at which time by hard hap a stander by geuing a light blowe to the said M. G. with a stone vpon the head, whereof he neuer languished so much as one houre in outward ap∣parance, neither did his Chirurgion conceiue any danger to be therein, but the said M. G. trauelled afterwards without shewe of griefe from place to place about his affaires into forraine countreys, vsing all exer∣cises & disports of pleasure, and afterwards vpon the 10. day of Iune through sicknes died in the said County of M. In which County of M. by fauour of the kinred & allies of the said M. G. your suppliant and 11. others were uniustly endicted for y^• death of the said M. G. as for mur∣ther although there were no maner of malice betwixt your Lo. said sup∣pliant & the said M. G. before the said hurt of him y^• said M. G. but great good will & liking betwixt thē. For the same night that the said M. G. was hurt as is aforesaid, he had appointed to lye at your Lo. said suppli∣ants house, whereupon your good Lo. said suppliant being an humble suitor to your Ho. for redresse of the said hard measure, it pleased your good Lo. in your very honorable consideration by order frō your Lo. to appoint the triall of your said suppliant, & the other 8. endicted persons at the Assises to be holden for the said County of Salop, as a place more indifferēt & fit for the same, and yet neuertheles your said poore suppli∣and & the rest remaine in prison & cannot be bayled, and albeit very good & sufficient bayle haue bin by your Lo. supplliant diuers times offered not only for himselfe, but also for the rest of the people, being endicted & imprisoned. And for that your ho. said suppliant is a freeholder, of cre∣dit & worth well able to find very good & sufficient suretie for his owne bayle & his said people to appeare and answere to the said indictment a∣gainst them before the Qu. Maiesties Iustices of Assise for the saide County of Salop, at y^• next assises to be holden within the said County of S••lop for the said County. It may therefore please your good Lo. of your accustomed care and commiseration of poore afflicted persons

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for their reliefes, to giue such order and direction by your honours let∣ters to be directed to the Lo. President and Counsell of the Marches of Wales, that your Lo. said Suppliant and his poore people may not only receiue their said triall vpō the said indictment in the said County of Salop according to your good Lo. former order & directions there∣in, but also that they may be presently bayled vpon good and sufficient sureties to be of them taken by the said Lo. President and Counsell for their personall appearance before the said Iustices of Assise for the said Countie of Salop at the said next Assises to be holden before them for the same Countie, then and there to answere to the said endictment, and to receiue therein according to lawe and iustice: And your said poore Suppliant shall pray vnto God for the long preseruation of your good Lordship in health and much honour long to continue.

A Supplication to haue the Counsels letters to two Bayliffes of a Towne, to take vpon them the hearing of a controuersie of an Account, or else to appoint other two to do the same, and that they two to appoint an vm∣pier to end the matter. And if the said vmpier cannot end it, then to certifie the Counsell of the state of the matter, and their opinions there∣of, and in whom they conceiue the fault to be.

To the Right Honorable the Lords &c.

IN most humble and lamentable maner sheweth vnto your honorable [unspec A] * 9.125 Lordships your poore Suppliant A. B. of C. in the Countie of N. Merchant. That whereas there are diuers matters of Account in que∣stion and controuersie betweene your said poore suppliant, & one H. B. of N. which will aske & require some long time & great charges to be prosecuted & determined by the due course of the common lawes of the realme, the which would turne to the vtter vndoing of your said suppli∣and, because he is now readie with his Ship to depart towards the Straights, and therefore very vncertaine of his returne. It may there∣fore please your good Lo. to graunt your Ho. letters to be directed vnto the two Bayliffes of great Yarmouth, either to heare the said Account betwixt them, or else to appoint two other indifferent persons to heare the same and that those two may of themselues appoint an vmpier to end and determine the said controuersies, vnto the which if the said H. B. or your Ho. said Suppliant will not yeeld vnto, that then they may certifie vnto your good Lo. the state of the saide controuersies betwixt them, with their opinions therein, and in whom they conceiue the fault to be. And your saide poore Suppliant shall be bound during his life to pray for your good Lo. increase of honour, and perpetuall felicitie.

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A Supplication of H. K. and E. M. beeing prisoners in the Fleete for misdemeanors sentensed in the Star chamber to be enlarged of their imprisonment.

To the Right Ho. the L. Keeper of the great seale of England.

THe Suppliants in Michaelmas Tearme last were sentensed for a* 9.126 [unspec A] Riot, & other misdemeanours, and A. B. the principall defend was then also committed to the Fleete, and adiudged to pay to the Queene 100. l . for a fine, and also to discharge the fines imposed vpō such other of the said defendants then likewise sentenced & fined as are not able to satisfie the same. Your Lo. saide poore Suppliants dwelling in the County of C. were brought vp by the Warden of the Fleets seruants, & are now likewise prisoners in the said prison of the Fleete for the said offences, where they haue already remained by the space of a fortnight & more in great miserie & want, being very poore men & very aged, and hauing nothing at all wherewith to relieue their great wants & neces∣sities more then the bare allowance of the prison, being so small, as your poore suppliants are readie to starue for want of meate, drinke, & other necessaries, to the vtter ouerthrowing of them and their poore wiues & children, without it may please your good Lo. speedily to extend your commiseration and pitie vpon them in setting them at libertie.

A Supplication of a prisoner in the Fleete for misdemeanours censured in the Star chamber to be enlarged of his imprisonment, and to haue the benefit of a generall pardon, and to be discharged of one of his fines im∣posed vpon him.

To the Right Ho. Sir T. E. Knight, Lord keeper of the great seale of England.

IN all humblenes H. A. a very poore aged man of 70. yeares old and* 9.127 [unspec A] more now prisoner in the Fleete, humbly beseecheth your good Lo. That where your suppliant in the cause betweene A. B. and C. D. had in the Starrechamber two seuerall fines imposed vpon him for two se∣uerall misdemeanours, the one a fine of 10. l . & the other a fine of 20. l . and brought out of the Countie of C. by the seruant of the deputie war∣den of the Fleete to the prison of the Fleete, the 10. day of this instant Iune, being as he is informed discharged and freed from the said first fine of 10. l . and from imprisonment of his bodie by her Maiesties most gratious generall pardon at the last Parliament, that it would please your good Lo. for Gods sake to yeeld and allow vnto your Lo. said sup∣pliant the benefit of the said generall pardon for his said first time, and also in your ho. and mercifull regard of his great pouertie & miserie he now lieth in to enlarge him of his said imprisonment, and to discharge him of the said fine of 20. l . and to set it ouer vpon the head of the said

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C. D. according to an order therein taken: And also to order & appoint the said C. D. to pay your said suppliants prison charges, hauing been drawen into that action by the saide C. D. otherwise your Lo. poore suppliant is vtterly vndone for euer, and shall neuer be able to procure his libertie, but of force must perish in prison: And your said poore sup∣pliant & his poore wife and children shall dayly pray for your Lo. good and honorable estate in all health and happines long to continue.

A Supplication of a prisoner in the Fleete for a misdemeanour censured in the Starre chamber to haue the benefite of a generall pardon, and to be discharged of his imprisonment and fine, and that in respect of his very poore estate his prison charges may be paid and discharged by one A. B. by whose meanes the Suppliant was drawen into the action.

To the Right Ho. Sir T. E. Knight, Lord keeper of the great seale of England.

YOur Ho. very poore Suppliant H. M. being a very poore olde man* 9.128 [unspec A] of aboue 80. yeares old, and weake and sicklie, now prisoner in the Fleete, humbly beseecheth your Lo. That where your poore suppliant in a cause betweene A. M. and C. K. was fined in the Starre chamber at the summe of 5. l . and brought out of C. by the warden of the Fleets seruants to the prison of the Fleete, the 20. day of this Iuly, that he may not only be freed & discharged of the said fine imposed vpon him, but also of his said imprisonment by force and vertue of a generall par∣don at the last Parliament. And that your good Lo. will be pleased for Gods cause to yeeld & allow vnto your poore suppliant the benefit of y^• said pardon for his enlargement. And further, that it will please your good Lo. in regard of his great pouertie being not able to relieue him∣selfe with sufficient meate and drinke, but is ready to starue for hunger for want thereof, to take such order that the said C. K. by whome your said poore suppliant hath been drawen to commit the said misdemea∣nour, may pay for your said suppliant all his fees and charges of im∣prisonment, the which if he be not compelled by your good Lo. to do, your saide poore suppliant is very likely to remayne languishing in prison all the dayes of his life, without any hope euer to be deliuered thence. And your poore suppliant will dayly pray for your good Lo. &c.

The end of Bils and Answeres &c.

HItherto of Bils, Answeres, Replications, Reioinders, &c. and such [unspec A] other things as concerne the maner of proceeding in Chancery suites, with some newe additions vnto them added. Now of certaine writs and commissions issuing thence, and there also re••ournable.

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The maner of proceeding vpon a speciall Certiorari.

THe party grieued exhibiteth his bill, and by the same prayeth not* 9.129 [unspec A] only a speciall Certiorari, but also a Subp. against the def. to an∣swere to his bill, as appeareth by the last two bils. And if the Lord Chauncelor, Lord Keeper, or Maister of the Rols shall see good and probable matter in the bill, they vsually graunt the same, taking bond of the plaintife for the proofe of the surmises of his bill, within foure∣teene daies after the retourne of his speciall Certiorari, which writ of Certiorari followeth in haec verba.

Elizabeth Dei gratia Angliae, Franciae, & Hyberniae, Regina, fidei [unspec B] defensor &c.
Maiori & Vicecomitibus London salutem,
volentes cer∣tis de causis certiorari super causa captionis & detentionis R. S. in priso∣na sub custodia vestra, vos praefati vicecomites detenti vt dicitur, vobis mandamus, quod causam praedictam cum omnibus eam tangentibus quocunque nomine idem R. in causa illa censeatur nobis in Cancella∣riam nostram in quindena pasche prox. futur̄, vbicunque tunc fuerit, sub sigillis vestris distincte & aperte mittatis, & hoc breue
teste &c.

And if the pl . do not make proofe of the surmise of his bill as afore∣said, [unspec C] then vpon certificat made vnder the hands of the examiners of this Court, and notice from the plaintifes Attourney that he hath not exa∣mined any witnesses either in this Court, or by Commission, then a Procedendo is graunted of course. But if there be witnesses examined, then to haue their examinations referred to a Master of the Chancery.

And if he finde and so certifie, that the plaintife hath proued the sub∣stance [unspec D] of his bill, then the cause to be reteined & ordered in this Court, if not, then a Procedendo to proceede for the remuanding of the said cause.

A Corpus cum causa to remoue a Prisoner.

REgina &c. Maiori & Vicecomitibus Lond' salutem. Mandamus* 10.1 [unspec A] vobis, quod R. S. quocunque nomine censeat̄ captum & in pri∣sona sub custodia vestra vos praefat̄ Vicecomit̄ detent̄, vt dicitur, habe∣atis coram nobis in Cancellar̄ nostra tali die proxim̄ futur̄, vbicunque tunc fuerit, vna cum causa captionis & detentionis ipsius R. in prisona praedict'. Et hoc nullatenus omittat̄. Et habeatis ibi hoc breue. Teste &c.

This writ is graunted by the L. Chauncelor, L. Keeper, or Master [unspec B] of the Rolles, for the most part vpon a Bill exhibited, and good baile put into the Court for the parties apparance and foorth comming, de die in diem, or further time, as the Court shall thinke fit, whereby many of her Maiesties subiects are verie much relieued in hard and ex∣treame causes, lying often times in prison vpon great actions surmised

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against them, without iust cause, and thereby not able to put in such bayle, as the common Lawe doth require in such cases.

Of a writ of Diem clausit extremum.

THis writ is to be sued foorth by the heire of the kings Tenant in* 10.2 [unspec A] chiefe, within a yeare after the death of his auncester, or a Com∣mission of the same effect. And an Office or Inquisition being there∣upon taken and retorned, such heire may haue liuerie of his lands out of the kings hands, for if the lands of such tenant exceede the yearely value of v. li. no Liuerie thereof can be sued, before such Inquisition or office found and retorned by vertue of such writ or Commission. And such writ or Commission may not passe, but by warrant or bill, first signed and subscribed with the hands and names of the Master of the Wardes and Liueries, the Surueior of the Liueries, and the Attorney of the Court of Wardes & Liueries, or some of them, 33. H. 8. cap. 22. The forme of which writ insueth.

Rex Eschaetori in comit̄ Eb. salutem. Quia I. qui de nobis tenuit in [unspec B] capite Diem clausit extremum, vt accepimus. Tibi praecipimus, qd' oīa terras & ten̄ta de quibus idem I. fuit s••isitus in dn̄ico suo vt de feod', in balliua tua die quo obijt, sine dilatione cap̄ in manū nr̄ā, & ea saluo custodiri facias, donec aliud inde praeciperimus: Et per sacramentum proborum & legalium hominū de eadem balliua tua, per quos rei veri∣tas melius sciri poterit diligenter inquiras, quantum terr̄ & ten̄torum praedictus I. tenuit de nobis in capite, tam in dominico quā in seruitio, in dict' balliua tua dict' die quo obijt, & quantum de alijs, & per quod seruitium, & quantum terr̄ & ten̄ta illa valeant per annum in omnibus exitibus, & quo die idem I. obijt, & quis propinquior haeres eius sit, & cuius aetatis. Et inquisitionem inde distincte & aperte factam nobis in Cancellar' nostram sub sigillo tuo, & sigillis eorum, per quos facta fu∣erit, sine dilatione mittas &c. Et hoc breue. T. &c.

But if one that holdeth of the Queenes ward by knights seruice die, the Diem clausit &c. must be thus:

Regina dilecto &c. Quia I. de S. qui de haered' W. de O. defunct', [unspec C] qui de nobis tenuit in capite, infra aetatem, & in custodia nostra existent̄ tenuit per seruic' Militar̄ Diem clausit extremum, vt accepimus. Tibi praecipimus, quod omnia terr̄ & ten̄t̄ &c. per sacramentum &c. quan∣tum terrarum & tenementorum idem I. tenuit de haered' praedict̄. Et quis propinquior haeres eius sit &c. vt supra.

And if the Queenes warde, Thus:

Regina &c. Quia R. de H. filius & haeres I. de H. defuncti, qui de [unspec D] nobis tenuit in capite, nuper dum infra aetatem & in custod' nostra fuit, Diem clausit extremum, vt accepimus. Tibi praecipimus, quod per sa∣cramentum

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&c. inquiras, quae terrae & quae ten̄ta per mortem praedic•• I. & ratione minoris aetatis haered' praedict̄ I. ad manus nr̄as deuener̄, & sic in manu nostr̄ existunt, & quantum inde de nobistenetur in capite, & quantum de alijs, & per quod seruitium, & quantum &c.

But if the wife of the Queenes tenant which holdeth in Dower dye, his Heire being the Queenes warde, then the Diem clausit extremum must be made thus:

Rex dilecto sibi N. de B. Maiori ciuitatis suae London, & Eschaetori [unspec E] suo in eadem Ciuitate salutem. Quia E. quae fuit vxor I. de B. nuper defunct', quae quasdam terras & quaedam tenementa de nobis tenuit in dotem de haereditate p̄dict' I. quondam virisui, Diem clausit extre∣mum, vt accepimus. Tibi praecipimus, quod omnia terras & ten̄ta, quae ••adem E. sic tenuit in dotem de haereditate p̄dicta in balliua tua &c. per sacramentum &c. diligenter inquiras, quas terras & quae tenemen∣ta eadem E. sic tenuit in dotem de haereditate p̄dict̄ in balliua tua, die quo obijt, & quantum inde de nobis tenetur in capite, & quantum de alijs, & per quod seruitium &c.

If the Queene haue the wardship of a reuersion, and the tenant for life die, then thus.

Quia A. quasdam terras & quaedam tenementa de haered' E. consan∣guinei [unspec F] & haered' H. de P. defuncti, qui de rege tenuit in capite, infra aetatem & in custod' regis existent̄ tenuit ad terminum vitae suae, Diem clausit extrem̄ &c. tibi praecipimus &c.

After the death of the tenant by the Curtesie, thus.

Quia A. qui quasdam terras & quedam ten̄ta de nobis tenuit per le∣gem [unspec G] Angliae de haered' M. vxoris suae dudum defunctae, Diem clausit extremum, tibi praecipimus &c.

But if the Queene haue a remainder, and her tenaunt for life dieth, then must the Writ be thus.

Quia A. quae fuit vxor &c. qui quasdam terras & quaedam tenementa [unspec H] tenuit ad vitam suam & quae post mortem ipsius A. nobis & haered' nr̄is remaner̄ debent, Diem clausit extremum &c. tibi praecipimus &c. qui eadem sic tenuit & quae post mortem &c. remaner̄ debent &c. vel sic post mort̄ praedict' B. ad manus nostras ratione minoris etatis praefat̄ haered' deuener̄ &c.

But if the temporalties of a Bish. be in the Queenes hands, and one that holdeth of the Bishopricke by knights seruice dieth, the Diem clausit ex∣tremum must be thus.

Regina &c. Quia A. de Archiepiscopatu Cantuar̄ vacant̄ & in manu [unspec I] nostra existent̄ tenuit per seruic' militare, Diem clausit extremum &c. tibi praecipimus &c. de quibus idem A. fuit seisitus in dominico suo vt de feodo &c. & tenuit de Archiepiscopatu praed' sine dilatione &c.

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But if the Queenes Idiot die, the writ must be such.

Quia B. de C. nuper fatuus & Idiota, cuius terrae & ten̄ta ratione fa∣tuitatis [unspec K] eiusdē B. in manu nr̄a existunt, diem &c. vt accepimus, tibi p̄ci∣pimus {quam} {per} sacrament̄ &c. diligenter inqui••as, quae terrae & quae ten̄ta ratione fatuitatis p̄d' B. in manū nr̄am capta fuerunt, & adhuc in ma∣nu nr̄a existunt, & de quo vel de quibus teneantur, & {per} quod seruitiū, & quantū terrae illae valeant &c. & quis propinquior &c. & inquisit̄ &c.

Datur nobis intelligi.

ANd if the Eschea••or receiue a Diem ciausit extremum, and die, [unspec A] * 10.3 or be otherwise remoued from his office before execution thereof, then issueth a writ of Datur nobis intelligi in this forme.

Regina &c. Cum nuper datur nobis intelligi quod I. de B. qui de [unspec B] nobis tenuit in capite, Diem clausit extremum, praeceperimus dilect' nobis W. de O. nuper Eschaetori nr̄o in comitatu praedict' quod omnia terras & tenements &c. vt supra, Mutatis mutandis. Ac idem W. ab offic' praedict̄ iam sit amotus, per quod executio breuis nostri praedict̄ fieri non potest: Nos super praemissis volent̄ cerciorari: Tibi praecipi∣mus, quod persacramentum &c. diligenter super praemiss▪ facias in∣quisitionem, & etiam distincte &c. T. &c.

Or thus.

Regina dilecto &c. Cum nuper datur nobis intelligi, quod I. de B. [unspec C] qui de nobis tenuit in capite, Diem clausit extremum, praeceperimus dilecto & fideli nostro H. de B. nuper Eschaetori nostro in eodem Com̄, quod omnes terras &c. sine dilatione caperet in manum no∣stram &c. donec aliud inde praecepissemus, & per sacramentum &c. inquiret, quantum terrae &c. vt in primo breui. Ac idem H. antequam praedict̄ breue fuerat executum, ab officio praedict̄ fuerat amotus: Nos volentes super praemissis plenius cerciorari, ••ibi praecipimus, quod super articulis praedict' & eorum singulis diligenter facias inquisic', & eam distincte & aperte fact' &c. vt supra &c.

But if the first Escheator execute the writ, and die before the inqui∣sition [unspec D] ••e returned into the Chauncery, then a Certiorare shall be a∣warded to his Executors, or Administrators, to certis••e the same in∣quisition, for it is a matter of Record so soone as the Iurors haue found and sealed it.

Of a Mandamus.

IF the Kings tenant by Knights seruice die, his heire within age, and [unspec A] * 10.4 no writ of Diem clausit extremum be awarded within a yeare after his death, then shall issue a Mandamus in this forme.

description Page [unnumbered]

Rex dilecto sibi W. de B. Eschaetori suo in com̄ B. Salutem. Prae∣cipimus [unspec B] tibi quod per sacramentum proborum & legalium hominum de balliua tua, per quos &c. diligenter inquiras, quas terras & quae ten̄ta I. de B. tenuit de nobis in capite, tam in dominico quam in ser∣uitio in balliua tua die quo obijt, & quātum de alijs, & per {quam} seruitium, & quantum terrae & ten̄ta illa valeant per annum in omnibus exitibus, & quo tempore idem I. obijt, & quis propinquior &c. & cuius aetatis, & quis vel qui terras & ten̄ta illa a tempore mortis praed' occupauit vel occup̄, & exitus & proficua inde praecepit vel praeceperunt, quo titulo & qualit̄, & quo modo &c. Et inquisitionem &c.

THe heire shall haue but one writ of Diem clausit extremum only [unspec A] * 10.5 within a yere after his auncesters death: But where thancester died ward to the Queene and within age, for then a new Diem clausit extremum shall be a warded a yeare after the Infants death, and not a Mandamus, per Regist. fol.

Of Commissions after the death of the Queenes tenant.

ALso the heire of the Kings tenant by Knights seruice in chiefe, [unspec A] * 10.6 may sue forth a speciall Commission, directed to certaine persons, to inquire what lands &c. (as aboue in a Diem clausit extremum,) which Commission will he as beneficiall for the heire, as a Diem clausit extremum: For vpon Inquisition taken by such a Commission, retornable into the Chauncerie, ••e may haue Liuerie at his full age. But he shall neuer haue Liuerie vpon a generall Commission to inquire of all Wardes &c.

Quae plura.

THis writ lyeth when any of the Heires lands be omitted in a for∣mer [unspec A] * 10.7 office or inquisition, to finde the lands so omitted, and is such.

Rex Eschaetori suo &c. salutem. Quia datum est nobis intelligi [unspec B] quod A. defunctus qui de nobis tenuit in capite, tenuit die quo obijt plura terras & ten̄ta in comitat̄ praedict', quam tu in inquisitione inde post mortem p̄dict̄ A. de mandato nostr̄ capta, & in Cancell' nostr̄ re∣tornata specificantur. Tibi praecipimus, quod persacramentum probo∣rum &c. inquiras quae plura terras & ten̄ta idem A. tenuit in com̄ p̄dict', die quo obijt, & de quo, vel de quibus illa plura terrae & ten̄ta teneantur, & per {quam} seruitium, & quantum valeant per annum in omni∣bus exitibus. Et inquisitionem &c.

Melius inquirendum.

THis writ lyeth where an office found by vertue of a Diem clausit [unspec A] * 10.8 extremum or Commission is vncertaine in the tenure, value, or

description Page 303

tenants estate of the lands, or otherwise. But if such incertaine office be found before the Escheator ratione officij only, then it is void, and no Melius inquirendum shall thereupon be awarded. And the Melius inquirendum is such.

Rex Escheatori suo &c. Salutem. Cum per quandam inquisitionem [unspec B] coram A. Eschaetore nostro in com̄ praedicto de mandato nostro cap∣tam, & in Cancellaria nostra retornat̄ sit compertum, quod N. de∣functus tenuit diuersa terras & ten̄ta cum pertinentijs in comitatu pre∣dicto, & quis propinquior haeres eiusdem N. sit ex parte patris sui, iura∣tores inquisitionis predicti ignorant: Tamen ex parte R. matris praedicti N. filiae W. B. est eius haeres propinquior, & aetatis viginti & vnius an∣norum & amplius. Et quia in inquisitione praedict' quis propinquior haeres ipsius N. existat minime specificatur: tibi praecipimus quod per sacramentum &c. inquiras, quis propinquior haeres praedicti N. existat, qualiter & quo modo. Et inquisitionem &c. T. &c.

And this writ is grauntable vpon surmise made in the court, that [unspec C] such former Office is so incerteine, as is abouesaid.

Another Melius inquirend' post inquisitionem imperfectam.

Rex eschaetori suo &c. Cum per inquisitionem coram te de manda∣to [unspec D] nostro &c. compertum sit, quod A. tenuit die quo obijt vnum mes∣suag' in N. in com̄ praedicto de B. per seruitiū militare, quodque idem A. tenuit die quo obijt vnum toftum cum pertinentijs in N. in comitatu praedicto, de haerede F. L. per seruitium militare, & quia in inquisitione praedicta qualem statum & quale ius idem A. habuit in messuagio & tofto praedictis, seu de quo vel de quibus eadē messuagium & toftum teneantur minime specificatur: nos volentes inde per te plenius Cerci∣orari, tibi praecipimus &c. inquiras, qualem statum, & quale ius idem A. habuit in messuagio & tofto praed die quo obijt, & de quo vel de quibus messuagium & toftum praedict' teneantur, & per quod serui∣tium, qualiter & quomodo. Et inquisitionem &c. T. &c.

A Writ de aetate probanda.

IT behoueth the heire of the Queenes tenant in chief being in ward, [unspec A] * 10.9 at his full age, and before liuery, to haue a writ to the Escheator of the Countie where he was borne, to prooue his age. And it seemeth, that such writ may as well be made to the Escheator of the Countie where his land lyeth, for it may be he was borne where the Kings writ runneth not: as in Ireland, Calice. Berwike, &c.

Rex dilecto sibi I. de B. Eschaetori suo in com̄ B. salutem. Quia A. de [unspec B] B. qui M. sororem▪ & vnam haer' R. defuncti, qui de dn̄o Edw. nuper Rege Angliae auo nostro tenuit in capite duxit in vxorem, dicit praefat̄ M. plenae aetat̄ esse, & petit a nobis terras & tenementa, que sunt de hae∣reditate

description Page [unnumbered]

ipsius M. & quorum vna pars in manu nostra, & alia pars i•• custodia I. de H. ex commissione dicti aui nostri vsque ad legitimam ae∣tatem haered' eiusdem existunt sibi reddend', per quod volumus, quod eadem M. quae apud G. in comit̄ M. nata est, & in Ecclesia eiusdem vil∣lae, baptizat̄ fuit vt dicitur, aetatem suam probet coram te. Tibi praecipi∣mus, quod ad certum diem & locum, quos ad hoc prouideris, proba∣tionem illam per sacrament̄, tam milit̄ quam probor̄ & legalium ho∣minum de balliua tua, per quos probatio illa capi, & veritas aetatis p̄d▪ melius sciri poterit & inquiri, capias, & sc. fa. praef. I. quod tunc sit ibi ad ostendend' si quid pro se habeat vel dicere sciat quare praed' H. & p̄d' M. vt illi qui plenae aetatis est, si plene aetatis sit, terras & tenementa praed' reddere non debeamus, & probationem illam sic captam nobis sub sigillo tuo, & sigillis eorum per quos capta fuerit, sine dilatione mit∣tas, & hoc breue. Teste &c.

Another forme of the writ De Aetate probanda.

REx &c. Quia M. de F. filius & haeres I. defuncti, qui de nobis te∣nuit [unspec C] in capite, dicit se plenae aetatis esse, & petit a nobis terras & ten̄ta quae sunt de haereditat̄ sua & in custodia nostra, vsque ad legiti∣mam aetatem hered' praed' sibi reddi, per quod volumus quod &c. vs∣que ibi melius sciri poterit & inquiri capias, & tunc sic. Et probatio∣nem illam &c. vt supra.

But if the King commit the Wardship, the Aetate probanda must mention the same.

And if the Wardship by reason of the temporalities of a Bishopricke be in the Queenes hands, the writ de Aetate probanda must mention the same: And yet that is no Court in capite.

Commission pro aetate probanda.

Regina dilectis &c. Sciatis quod assignauimus vos ad inquirend' per [unspec D] sacramentum tam Militum quam aliorum proborum & legalium ho∣minum de visinet̄ de N. in com̄ L. si I. filius & h••res B. apud N. natus, & in ecclesia eiusdem villae baptizatus fuit, & quod ratione minoris aetatis suae in custodia nr̄a existit, plenae aetatis sit, vt dicit, necne. Et ideo vo∣bis mandauimus, quod ad certos diem & locum, quos ad hoc prouide∣ritis, inquisitionem illam faciatis, & illam distincte & aperte factam no∣bis in Cancellar̄ &c. sine dilatione mittatis, & hoc breue. Mandauimus enim Vicec' nostro Lincoln̄, quod ad diem & locum, quos ei scire fa∣ciet̄ venire faciat &c. In cuius rei testimonium &c.

And vpon this Commission a writ shall be sent to the Shirife to re∣turne [unspec E] a panel before the Commissioners at a certaine day before them limitted vnto him by their Precept. Thus:

description Page 304

A Venire facias to the Shirife vpon the same Commission.

REgina Vicecomit̄ &c. Praecipimus tibi, quod summon̄ per bonos* 10.10 [unspec A] summonit̄ xij. tam Milites, quam alios probos & legales homines de visinet̄ de N. quod sint coram dilectis & fidelibus nostris A. B. & C. & hijs quos sibi associauerimus, ad certos diem & locum, quos ijdem A. B. & C. tibi scire facient, parati sacram̄to recognoscere, si F. filius & haeres C. apud N. natus, & in ecclesia eiusdem villae baptiz. fuit, qui ra∣tione minoris aetatis suae in custodia nostra existit, plenae aetatis sit, vt dicit necne, & interim ad p̄d' ecclesiam & villam accedant, vt verita∣tem aetatis p̄d', diligenter inquirant, & nomina eorum imbreuiari faci∣ant. Et sci. fac. E. & S. custodibus terr̄ praed' her̄, {quam} tunc sint ibi ad au∣diend' illam recogn̄, & ad ostend' si quid obstare debeat, quare praed' I. terras & tenementa sua habere non debeat, & habeas ibi nomina illo∣rum duodecim & hoc breue, Teste &c.

Whereby appeareth that the committee of the King shall be warned to be there. But if the King haue the Ward in his owne hands, then this clause Et scire facias E. & S. custodibus &c. shall be omitted in the writ.

Of Homage done or respited.

WHen a writ de Aetate probanda is executed and returned, and* 10.11 [unspec A] that the heire hath proued his age, then he must do homage, or agree with the Queene to respect the same, and pay reliefe before liuery sued: and a writ testifying homage to be done, when the heire is at full age at the death of his auncestors.

Regina Eschaetor̄ &c. Sciatis quod cepimus homagium I. de H. filij [unspec B] & hered' B. de H. defuncti, de omnibus terris & tenem̄tis que idem B. pater suus tenuit de nobis in capite die quo obijt, & ei terras & ten̄ta illa reddidimus: Et ideo tibi praecipimus, quod accepta securitat̄ a praef. I. de rationabili releuio suo nobis soluend', ad Scaccarium nr̄um, eid' I. de omnibus terris & tenem̄tis praed', & de quibus praef. B. pater suus fuit seisitus in dn̄ico suo vt de feodo in balliua tua, die quo obijt, queque occasione mortis eiusd' B. capt̄ sunt in manum nr̄am, plenam seisinam habere facias: Saluo iure cuiuslibet, & salua Matildae que fuit vxor B. rationabili dote sua, ipsam de terris & tenementis praed', secun∣dum legem & consuetudinem regni nostri Angliae contingent̄, ei per nos assignand'. Teste meipsa. &c.

But if the heire were in ward, and hath proued his age, the writ of the ho∣mage receiued must be thus.

Regina &c. Quia N. de E. fil' & haeres R. de C. defuncti, qui de domi∣no [unspec C] Ed. nuper Rege Angl. auo nostro tenuit in capite, aetatem suā corā

description Page [unnumbered]

te sufficienter probauit, sicut per probationem de mandato nostro cap∣tam, & in Cancellar̄ nostram retornat̄, est compertum, ceperimus ho∣magium ipsius N. de omnibus terris & tenem̄tis quae idem R. pater suus tenuit de dicto auo nostro in capite, die quo obijt, & ei terras & te∣nementa illa reddidimus. Ideo tibi p̄cipimus, quod eidem N. de omni∣bus terris & tenementis praedict' de quibus praedict' R. pater suus fuit seisitus in dominico suo vt de feodo in balliua tua die quo obijt, & per mortem eiusdem R. in manum dicti aui nostri capta fuer̄, & in manu nostr̄ sic capta existunt, plenam seisinam habere facias, saluo iure cu∣iuslibet. Teste &c.

Diem claufit extremum post mortem felonis.

WHen the King hath the lands of the Wife, by reason that her* 10.12 Husband was outlawed for felonie, then after the Husbands death the Diem clausit extremum is such.

Quia A. cuius terrae & tenem̄ta, que ipse tenuit de iure & haereditate [unspec A] N. nuper vxoris suae, ad huc superstitit, ad manus domini E. nuper Regis Angl' 4. post conquestum▪ occasione cuiusdam vtlagariae in ipsum A. pro quadam felonia, vnde indictatus fuit, vt dicit̄, promulg', deuener̄ in manu domini H. &c. patris nostri extiterunt, & sic in manu nostra exi∣stunt, diem clausit extremum &c. Tibi praecipimus quod per sacramē∣tum &c. inquiras que ten̄ta, ratione feloniae praed', ad manus ipsorum nuper regis deuener̄, & ad huc in manu nostra sic existunt, & de quo vel de quibus teneantur, & per quod seruitium, & qualiter, & quo modo, & quantum terrae & tenem̄ta illa valeant per annum in omnibus exiti∣bus iuxta verum valorem ••orundem, & quis vel quiterras & tenementa illa a tempore perpetrationis feloniae praed' occupauit, vel occupaue∣runt, & exitus & proficua inde percepit vel perceperunt, quo titulo, qualiter, & quomodo, & inquisit̄ &c.

Nihil simul & natum & perfectum.

W. WEST.

Notes

* 1.1

Sect▪ 1.

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* 1.2

Sect▪ 2.

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* 1.3

Sect▪ 3.

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* 1.4

Sect▪ 4.

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* 1.5

Sect▪ 5.

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* 1.6

Sect▪ 6.

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* 1.7

Sect' 7.

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* 1.8

Sect' 8.

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* 1.9

Sect' 9.

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* 1.10

Sect' 10.

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* 1.11

Sect' 11.

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* 1.12

Sect' 12.

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* 1.13

Sect' 13.

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* 1.14

Sect. 14.

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Sect. 15.

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Sect. 16.

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* 1.17

Sect. 17.

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* 1.18

Sect. 18.

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* 1.19

Sect. 19.

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* 1.20

Sect▪ 20.

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* 2.1

A subpena to aunswere.

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* 2.2

A letter to a noble man in steed of a sub∣pena to auns∣were.

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* 2.3

Suerties to yeld damages to the def.

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* 2.4

Costs for de∣fault of a bill.

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* 3.1

Sect' 21. A Subpena for costs.

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* 3.2

The time to put in the Bill.

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* 3.3

Paine in the writ not for∣faited.

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* 3.4

Oath for ser∣uing the Subp.

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* 4.1

Sect' 22.

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* 4.2

Non est in∣uētus returned

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Sect' 23.

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Sect' 24.

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* 4.5

Sect' 25.

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* 4.6

Sect' 26.

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* 4.7

Endorsem*n••▪

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* 4.8

Sect. 27.

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* 4.9

Sect. 28.

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* 4.10

Sect. 29.

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* 4.11

Sect. 30.

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* 4.12

Sect. 31.

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* 4.13

Sect. 32.

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* 4.14

Punishment for the con∣tenipt.

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* 4.15

Sect. 33. Affidauit of vnablenes to trauaile.

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* 4.16

Sect. 34.

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* 4.17

Returne of the Commission.

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* 4.18

Deliuery of the Cōmission in Court.

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* 4.19

Sect. 35.

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* 5.1

Sect. 36.

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* 5.2

Sect. 37.

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* 5.3

Subpena to make a better answere.

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Sect. 38.

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* 5.5

Replie.

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* 5.6

Subpena ad reiungendum.

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* 5.7

Reioinder.

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* 5.8

Surreioinder. Issue.

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* 5.9

Commission.

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* 6.1

Sect. 39.

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* 6.2

Notice of the execution of the Commis∣sion.

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* 6.3

Sect. 40.

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* 6.4

Sect. 41.

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Sect. 42.

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* 6.6

Sect. 43.

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* 6.7

Sect. 44.

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* 7.1

Sect▪ 20.

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* 7.2

Subpena to heare iudge∣ment.

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* 7.3

Exemplificati∣on of the de∣positions.

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* 7.4

A writ de exe∣cutione iudicij Contempt.

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* 7.5

Comission to put the plainti•• in possession.

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* 7.6

Sect' 46.

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* 7.7

Sect' 47.

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* 7.8

Sect' 48.

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* 8.1

Sect' 49.

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Sect' 50.

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Sect' 51.

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Sect' 52.

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Sect' 53.

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Sect' 54.

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Sect' 55.

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Sect' 56.

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Sect' 57.

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* 8.10

Sect▪ 58.

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Sect▪ 59.

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* 8.12

Sect' 60.

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* 9.1

Sect' 61.

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Sect. 62.

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Sect' 63.

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Sect' 64.

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Sect. 65.

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Sect. 66.

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Sect' 67.

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* 9.8

Sect', 68.

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* 9.9

Sect' 69.

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* 9.10

Sect. 70.

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* 9.11

Sect. 71.

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* 9.12

Sect' 72.

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Sect. 73.

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* 9.14

Sect' 74.

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* 9.15

Se▪ 75.

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* 9.16

Sect' 76.

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* 9.17

Sect' 77.

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* 9.18

Sect'. 78.

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* 9.19

Sect'. 82.

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* 9.20

Sect. 83.

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* 9.21

Sect' 84.

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* 9.22

Sect' 85.

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* 9.23

Sect' 86.

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* 9.24

Sect. 87.

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* 9.25

Sect. 88.

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* 9.26

Sec' 89.

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* 9.27

Sect. 90.

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* 9.28

Sect. 91.

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Sect. 92.

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* 9.30

Sect. 93.

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* 9.31

Sec' 94.

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* 9.32

Sect' 95.

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* 9.33

Sect' 96.

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Sect. 97.

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* 9.35

Sect. 98.

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* 9.36

Sect'. 99.

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* 9.37

Sect. 100.

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* 9.38

Sect' 101.

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* 9.39

Sect. 102.

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* 9.40

Sec' 103.

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* 9.41

Sect'. 104.

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* 9.42

Sect. 105.

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* 9.43

Sect. 106.

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* 9.44

Sect. 103.

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* 9.45

Sect. 108.

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* 9.46

Sect' 109.

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* 9.47

Sect. 110.

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* 9.48

Sect' 111.

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* 9.49

Sect' 112.

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* 9.50

Sec' 113.

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* 9.51

Sect. 114.

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* 9.52

Sect. 116.

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* 9.53

Sect. 116.

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* 9.54

Sect. 117.

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* 9.55

Sect. 118.

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* 9.56

Sect. 119.

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* 9.57

Sect. 120.

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* 9.58

Sect' 121.

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* 9.59

Sect. 122.

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* 9.60

Sect. 123.

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* 9.61

Sect' 124.

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* 9.62

Sect. 125.

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* 9.63

Sect. 126.

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* 9.64

Sect. 127.

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* 9.65

Sect. 128▪

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* 9.66

Sect. 129.

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* 9.67

Sect. 130.

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* 9.68

Sect. 131.

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* 9.69

Sect. 132.

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* 9.70

Sect. 133.

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* 9.71

Sect. 134.

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* 9.72

Sect'. 135.

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* 9.73

Sect'. 136.

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* 9.74

Sect. 137.

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* 9.75

Sect. 138.

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* 9.76

Sect. 139.

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* 9.77

Sect' 140.

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* 9.78

Sect. 141.

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* 9.79

Sect'. 142.

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* 9.80

Sect'. 143.

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* 9.81

Sect'. 144.

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* 9.82

Sect. 145.

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* 9.83

Sect. 14••.

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* 9.84

Sect. 147.

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* 9.85

Sect. 148.

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* 9.86

Sect. 149.

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* 9.87

Sect'. 150.

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* 9.88

Sect'. 151.

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* 9.89

Sect'. 152.

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* 9.90

Sect'. 153.

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* 9.91

Sect'. 154.

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* 9.92

Sect'. 155.

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* 9.93

Sect. 156.

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* 9.94

Sect. 157.

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* 9.95

Sect'. 158.

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* 9.96

Sect. 159.

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* 9.97

Sect. 160.

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* 9.98

Sect. 161.

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* 9.99

Sect. 162.

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* 9.100

Sect. 163.

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* 9.101

Sect'. 164.

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* 9.102

Sect'. 165.

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* 9.103

Sect'. 166.

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* 9.104

Sect. 167.

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* 9.105

Sect. 168.

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* 9.106

Sect. 169.

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* 9.107

Sect'. 170.

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* 9.108

Sect'. 171.

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* 9.109

Sect. 172.

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* 9.110

Sect. 174.

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* 9.111

Sect. 174.

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* 9.112

Sect. 175.

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* 9.113

Sect. 176.

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* 9.114

Sect. 177.

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* 9.115

Sect'. 178.

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* 9.116

Sect. 179.

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* 9.117

Sect'. 180.

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* 9.118

Sect. 181.

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* 9.119

Sect. 182.

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* 9.120

Sect. 183.

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* 9.121

Sect'. 184.

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* 9.122

Sect. 185.

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* 9.123

Sect. 186.

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* 9.124

Sect. 187.

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* 9.125

Sect'. 188.

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* 9.126

Sect'. 189.

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* 9.127

Sect. 190.

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* 9.128

Sect'. 191.

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* 9.129

Sect. 192.

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* 10.1

Sect. 193.

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* 10.2

Sect'. 194.

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* 10.3

Sect. 195.

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* 10.4

Sect. 196.

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* 10.5

Sect. 197.

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* 10.6

Sect'. 198.

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* 10.7

Sect. 199.

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* 10.8

Sect. 200.

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* 10.9

Sect. 201.

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* 10.10

Sect. 202

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* 10.11

Sect. 203.

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* 10.12

Sect. 204.

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