Reports or Causes IN CHANCERY, Collected by Sir GEORGE CARY one of the Masters of the Chancery in in Anno 1601. Out of the labours of Master William Lambert.  
Whereunto is annexed, the King's order and decree in Chancery, for a Rule to be observed by the Chancellor in that Court, exemplified and enroled for a perpetual Record there. Anno 1616.  
Together with an alphabetical Table of all the Cases.  
LONDON, Printed by E. G. for W. Lee, D. Pakeman, and G. Bedell. Anno D. 1650.   

THE TABLE.  


A.  
Fol.  ATturnament denied but in some Cases, 
4  Action of the Case seeketh damages, Subpoena rem ipsam 
20  Abating a Bill, 
22  Archbishops Certificate taken for proof, 
26  Amending of answers, 
30  A guardian admitted to an infant, 
38  Attachment against the defendant, and Subpoena against the bearer, 
38  Attorney enjoined not to proceed at Law, 
40  Injunction (si ita sit) 
42  Attorney ordered not to proceed, and yet the defendant proceeds, 
44  Award made by Justices of Assize to be performed, 
47  Advowson passeth not by livery within view without deed, 
52  Attachment ●or no● performing a decree, 
53  A years value allowed for surrender of Coppyhold land, 
54  A Master and examinor examined witnesses in the country, 
66  Affidavit for leaving a Subpoena at the defend. lodging, 
69  Attachment discharged, and a Bill of perjury put in, 
72  Attachment upon the defendants confession he was served, 
73, 81.  An English Bill for perjury, 
75  Attachment for not appearing, 
76  Attachment with Proclamation discharged paying the Fees, 
78  Attorney enjoined in Court not to proceed at Law, 
80  Affidavit that he saw a Subpoena served, Attachment, 
80  Attachment against a witness served to testify, 
80  Attachment upon oath ●efo●e the bailiffs of Mountgo. 
84  Attachment upon oath before the Major of Totnes, 
85  An action against a drunken man's words seeks relief, dismissed, 
93  Atta●hment discharged by supersedeas, 
94  Assumpsit referred to the common Law 
97  Attachement for breaking an Order in Court 
103  Attachment upon Oath before the Portrive of Minxhead 
103  Attachment discharged paying the plaint. 10 s. 
104  Award ordered to be performed 
106  Attachment for not appearing 
110  Attachment in putting in Demurrer instead of an Answer 
110, 111  Attachment against witnesses served to testify 
111  Attachment for costs 
113    


B.  Bailment countermanded 
9  Bringing in of Evidences into Court 
16  Bringing in an obligation to be canceled 
17  Bill against a Court roll entered indirectly 
55  Bill of revivor without cause payeth costs 
ib.  Bill against Roger Hall and another, R.H. served, must show it by plea 
61  Bill of praemunire proceeded in here 
63  Bond of such as appear upon contempt to attend a die in diem 
70  Bill for relief after execution dismissed 
76  Bill upon a promise to dry clothes dismissed 
ib.  Bond put in suit for not sealing a release stayed by judgement 
78  Bill dismissed, the counsellor's hand being counterfeited 
82  Bill for 6 l. dismissed. 
83  Bill without a councillor's hand dismissed, 
89  Bill for tuition of an infant, 
96  Billet in Paper and no Bill in, costs, 
100  bailiffs of corporation not compellable to make a Lease promised, 
102  Bond put in suit for not performing an award stayed by Injunction, 
104, 105    


C.  COndition to undo estates in Lands, 
1  Copyholders relief in Chancery, 
3  Copyhold devise, 
6  Copyhold forfeited, 
6  Cefti quae use, remedy here, 
11  Copartners to join in plea, 
15  ●●nuzees fraud holpen, 
18  Copyhold tailed, 
21  Contents of a manor, as it was 60 years past, 
24  copy good by device without mention of surrender, 
25  Commission to examine witnesses, 
40  Costs for want of a Bill, the Subpoena lost, 
74  clerk fined for his mistake in a Subpoena, 
77  Contempt discharged, and a new Commission, 
79  Costs upon oath before the Major of Totnes, 
80  Costs for prosecuting contempts, and none proved, 
82  Costs upon a Billet delivered to a Brother, 
83  Commission to take answer, 
83  Commission to examine in perpetual memory, 
85  Commission, warning given but to one defend. 
91  Costs for a witness served to testify, 
97  Commission to answer a demurrer returned, 
100  councillor not to be examined, 
100  Costs for want of a Bill, 
101  Commission of rebellion for non payment of costs, 
105  Costs for want of a Bill, the Billet lost, 
10  Commission to take answers, being 70. years old, 
108  council to attend concerning an award, 
108  Costs allowed the defend▪ in a Commission of rebellion, 
109  Costs for want of a Bill, the Billet lost, 
109  Commission to examine in perpetual memory, 
110  Commission to prove the receipt of rents, &c. 
111  Costs in a demurrer, & the councillor forbid to practise, 
27  Cuttings case lands conveyed to two of the six clerks, 
29  Costs for making Attachmennt before Bill in Court, 
33  Commission to examine in perpetual memory, 
34  Costs for a witness served to testify, 
35  Commission to take answer upon a languidus returned, 
36  Commission to put the plaintant in possession. 
38  Commission to the examinor of the Court to examine, 
43  Certiorare to the Chancellor of Durham, 
48  Commission of Rebellion, how the bonds to be taken, 
50  Covenant to repair a house, a demur, but ordered to answer. 
59  Costs and Attachment for serving a Subpoena indirectly, 
61  Costs to witnesses, served to testify, 
62  Costs for want of a Bill, 
69  Costs in coming up to make Affidavit for impotency, 
72  Costs for want of a Bill, 
72  Commission to set out ways and passages. 
75    


D.  DIscharge himself of a Bond 7 s. & modis 
14  Deeds brought in Court, 
19  Defendant examined as a witness, 
21  Decree against infants, 
30  Deeds how to be proved, 
31  Defendant enjoined not to proceed at law, 
38  Demurrer and not in person, ordered to make direct answer 
40  Defend. appearing gratis, Attach. being out is committed, 
41  Defend. served with Subpoena the day of the return, 
41  Decrees entered at large, 
43  Defend. examined upon inter. to end the cause, 
45  Defend. dismissed, the plaint. not appearing at the hearing, 
45  Defend. to acknowledge satisfaction, 
45  Decree for a fould-course, 
46  De vilaica removenda, and Injunction for a personage, 
51  Decree for 3 s. 4 d. rent, and suit of court, 
51  Ducens tecum for deeds to be delivered to the Usher, 
53  Defend. took a Commission, and returned a demurrer, 
53  Def. executors to answer profits taken by their Fathers, 
64  Defend. licenced to depart after issue, 
67  Defend. in a Bill of perjury, is to be examined upon inter. 
68  Defend. hath no costs, because the Subpoena is lost. 
69  Defend. disclaiming, no witnesses to be examined, 
69  Def. bound to pay money at one place, tenders in another, 
70  Demurrer to a Bill of revivor ordered to answer, 
70  Def. demurs for that there is remedy at Law, to answer, 
71  Decree for Coppyhold lands, 
74  Dismissed being under 40 s. per annum, 
74  Day given to the sheriff to return an Att●chment, 
77  Defend. demurred generally ordered to answer, 
87, 88  Defend. stayed by Injunction from pulling down rooms, 
90  Dumb man not to answer upon Subpoena, 
93  Defend. wife examined as a witness, 
94  Deeds neglected to be enrolled Sub. to show cause why not, 
97  Decree for the plaintant, and yet put out of possession by the defendant, 
104  Defend. departing without licence, an attach. against him, 
104  Def. discharged of the Attach. the Sub. being counterfeit, 
104  Defendant licenced to depart after answer in a Writ of the privilege, 
106  Defend. committed for a rescue, brought his action for a false return, 
92.106  Demurrer without showing any cause, ordered to answer, 
107  Debt for 5 l, dismissed, 
108  Dismission for that they have been in possession 100 years, 
110  Day given to defend. to rejoin, 
111  Def. not to answer till a counsellor's hand be to the Bill, 
112  Dismissed the lands being under 40 s. per annum, 
112  Demurrer generally ordered to answer, 
113  Defend. charged upon account shall not answer, upon promise shall, 
113, 114.    


E.  EXtents Law, no relief in Chancery, 
5  Equitas sequitur legem, 
11  Executor not to release without his copartners, 
15  Executor not to answer without his copartners, 
15  Executors how upon trust, 
21  Executors husband ordered to pay debts, 
24  entering decrees and dismissions, 
34    


F.  FInes, recoveries, &c. the Lord Chancellor will not question, 
4  Feoffees to use, 
10  Feoffee dying, no remedy against his heir, 
10  Feoffee shall do acts for the feoffors good, 
10  Fraud in goods, 
18  Feoffee to retain the Land to his own use, 
11  Fraud upon fraud, 
13  Feoffee punishable for making estate, 
13  Forced to sue an obligation, 
15  Fines fraudulent, 
20  Fines of Copyholds, 
27  Fraud by making a Lease after a feoffment, and before livery and seizin, 
82  Feme sole sueth out a Subpoena, and the same day is married, dismissed with costs, 
98  Feme covert whose husband is in the galleys, must answer matter of equity, 
100, 101  Feb. 20. Died Sir Nicholas Bacon. 12. April, Sir Thomas Bromely had the seal delivered, 
108  Feme covert sueth for maintenance, 
87    


G.  GIving day to one, it shall help the other, 
1  Greater part of debt paid, and the rest offered relief here, 
2  Goods of felons difficult to prove, a Subpoena, 
15  Grand lease forfeited by coven, relief for it, 
18  general customs reduced to certainty, 
21  Grantee distrains one, ordered to sue the rest, 
23    


H.  HElp against executors. 
12  heir of purchasor to pay money behind, 
25  Husband appears and demurs, the wife not, Attachment, 
39  Husband appears the wife not, Attach. against them both, 
65  Habeas corpus to the warden of the Fleet, to have the defend▪ in Court to be charged with a debt, 
71  heir sued to make a lease, for which his elder brother took a fine, or to repay the same. 
77    


I.  JUdgement not to be examined here, 
3  juramentum delatum a part● 
11  Intent specified in a feoffment, 
11  Justifying the detaining of evidences, 
16  joint-tenants one taking the profits, 
21  Judges called into the Exchequer Chamber about a lease, 
32  Injunction to deliver goods, 
34.61  Injunction to stay proceedings at Law, 
36  Injunction for possession as at the time of the Bill, 
36  Jurisdiction of Wales, rejected, 
36  Injunction to stay suit according to promise, 
37  Injunction with a clause (si ita sit) 
37  Injunction for not appearing, and to stay suits, 
40  Injunction to discharge execution, 
41  Injunction for possession, 
45  Injunction for possession, as at the Bill, & 3 years before, 
47  Injunction upon Certificate of Justices of Assize, 
49  Injunction dissolved, if cause be not showed, 
49  Injunction because the defendant began first in Chancery, 
50  Injunction for corn sowed upon a Lease paroll, 
51  Jurisdiction of Oxford rejected 
55  Jurisdiction of Lancaster alloweds 
56  Injunction disobeyed, an Attachment, 
58  Jurisdiction of Chester allowed, 
59  Jurisdiction of Oxford allowed, 
65  Jurisdiction of the Exchequer rejected, 
67.68  Injunction against the spiritual court, 
73  Jurisdiction of Oxford allowed, 
73  Jurisdiction of Wales allowed, 
74  Injunction to stay Judgement in an action of waste, 
76  Injunction to stay suits, because the Queen was not paid her fine, 
77  Jurisdiction of Chester allowed, 
82  Jurisdiction of Wales allowed, 
84  Injunction for defrauding the Queen of her fine, 
85  Jurisdiction of the manor of Woodstock overruled, 
85  Jurisdiction of Wales overuled, 
89  Jurisdiction of Wales admitted, 
92  Jurisdiction of the North allowed, 
95  Jurisdiction of the Exchequer disallowed, 
96  Jurisdiction of the duchy of Lancaster allowed, 
97  Jurisdiction of Wales not allowed for a promise, 
99  Injunction left at the defendants house, and disobeyed an Attachment, 
101  Jurisdiction of Wales allowed, 
102  Injunction to stay suit at common Law, 
105  Jurisdiction of Chester allowed, 
109  Injunction to stay suit at common Law, 
112  Injunction to stay suit of Quo Minus in Exchequer, 
113  Injunction to stay suits at common Law, 
113    


L.  LEases damages in waste moderated, 
2  Lease in parole, no help in Chancery, 
7  Lease for 1000 years, no help, 
8  Lands sold in two Counties, livery made in one, 
17  Leassor to have the woods, excepting fireboot, &c. 
17  Leases devised to his wife, to come to his son, 
22  Leases conveyed in trust to pay debts, 
25  Lease paroll, no help, 
27  Lands intended for a school, otherwise given by will, 
28  Leases of corporations, their names mistaken, 
31  Leases holpen against Patentees, 
32  Leassee of a Copyholder punishable in waste, though the Copyholder himself be not, 
63  Lord Chancellors Letters to a Noble man, that had broken a decree to perform the same. 
73  Leassee not named in the premises, decreed, 
86  Liberty for a common Fishing, 
104    


M.  MUlier and Bastard, 
4  Marriage portion recovered and reversed, holpen, 
8  Money given to buy Lands, 
10  Money paid upon a single Obligation, 
17  message cum pertin. carries the Land used with it, 
18  manor demised, except court Baron, 
18  Mulier and Bastard join, 
20  misdemeanour in Courts reformed, 
30  Man and wife plaintants, she dies; no Bill of revivor, but he must answer, 
62  Money paid for a reversion which could not be enjoyed ordered to repay it, 
93    


N.  nudum pactum, no help here, 
5  No relief against his own deed, 
14  No seizin of rent-seck, no help here, 
5  No relief against a voluntary act, 
21  No help touching power to make Leases, 
29  No witnesses to be examined till the defendants have put in their answer, 
93  No costs upon a disclaimer, 
109  New Commission to examine witnesses not appearing at a former Commission, 
111  Not to extend one man's Land only, where many are subject, 
111  New Commission to the defendant, and publication stayed, 
112    


O.  ONe Deed by which two claim, 
15  Oath for serving a Subpoena before witnesses examined in perpetual memory, 
34  Order for evidences, 
43  One Executor sueth the other, to put in sureties to perform the Will, 
79  One Executor gets the estate and dyeth, the other sueth his Executor, 
86  One Subpoena against two defendants, and two Bills put in, ordered to answer both, 
87    


P.  PAyment after the day holpen upon bonds, 
1  Payment without acquittance, 
2  Purchasor of parcel, not subject to the whole rent charge, 
2  Possession sororis for the heir collateral, 
5  Possession of the Mother, for the heir collater. 
6  Payment of creditors out of a Coppyhold, 
7  Perpetuities no help, 
8  Purchasor better than a surety in case of relief, 
13  Power to make Leases, 
21  Payment by the surety, 
19  Possession bound by decree, 
23  Plaintant mistaking his Title in his Bill, 
24  Proceeding where there is no proof, 
25  Publication of witnesses in perpetual memory a year past, 
33  Publication of witnesses to be used in a Court Baron, 
35  plaintant in execution at the suit of the King, delivered by supersedeas; 
39  Plaint. bringing 223 l. in Court, execution to stay for the rest, 
47  Plaint. distraineth after replication, therefore an Injunction 
48  Plaint. in execution upon Statute, delivered upon recognizance, 
50  Plaint. to take execution for 100 l. of a Judgement of 300 l. 
51  Plaint. married before answer, no Bill of revivor, 
52  Plaint. sueth for tokens delivered as a suitor in marriage, 
54  Prosecuting contempts after a general pardon payeth costs, 
56  Plaint. to make one a party, whom the defendant prayeth in aid, 
57  Plaintant requires one to appear in the Queen's name, costs, 
68  Prohibition for tithes of Lands held in capite, 
79  Plaint. enters upon the defendants possession, an Injunction or dismissed. 
98  Prohibition for tithes, parcel of the duchy of Cornwall, consultation. 
98  Perjury for making oath, one of the same name sued and discharged, 
99  Plaint. to show where he had his counterfeit Writs, 
107    


R.  RAvishment de guard, a Subpoena, 
9  Release of Joint feoffee, 
14  relief for a trust upon a Lease, 
76  Rent reserved and paid▪ the heir ordered to pay it, 
92  Rent charge upon several men Lands, and levied upon one, an Injunction is granted 
22    


S.  SUing in a wrong County, aid for the plaintant here, 
2  Statute Lands, priority sans coven. 
8  Survivor in joint Tenancy, 
9  Suer●y, chargeable, and not in some cases, 
12  Supply of true meaning in feoffments, 
16  Statute acknowledged in my name, 
22  Statute for charitable uses, 
28  Subpoena to appear before the Major of London, 
43  sheriff amerced for return. non est inventus, 
44  Setting down depositions in a wrong sense, 
47  Subpoena delivered to the defendants wife, 
54  Subpoena hanged on a door, where the defend. resorted, 
56  Suit to have the defend. perform an award, 
57  Subpoena to testify Attachment for not appearing, 
61  solicitor served to testify ordered not to be examined, 
62  solicitor served to testify is discharged, 
63  Suit to have an award decreed, 
64  Suit for common of pasture, 
64  Subpoena delived to the defendants servant, 
65  Suit retained after Judgement and execution, 
74  Subpoena delivered to the defendants wife, 
78  Suit for 10 s. rent per annum dismissed, 
80  Suit for a hawk, and evidences dismissed, 
82  Suit stayed in the King's Bench, removed from London, 
83  Suit for common, 
83  Subpoena served within two days of the term's end; 
88  solicitor ordered to be examined with caution, 
89  Subpoena left in the defendants Hall, Attachment, 
91  Server of a Subp. imprisoned, attach. against defend. 
91, 92  Subpoena showed and offered, attach. for not appearing, 
94  Suit upon a promise to surrender a Lease, dismissed, 
95  Subpoena to testify where no suit is, discharged, 
95  Subpoena cautiously served, attachment against the plaint. 
96  Suit for Hay, &c. not worth 40 s. dismissed, 
103  Suit for poor under 40 s. per annum retained, 
103.107    


T.  TEnant right fines how paid, 
6  Things left to the conscience of the party, 
12  Tenant of the land uncertain, a Subpoena, 
16  Tenants in common to know the certainty, 
16  Turning of water courses, 
26  Two contend for a tenant, the Tenant paying his rent in court, 
46  The server of a Subpoena payeth costs, 
64  Trustee to convey the Lands according to the trust, 
67  Two joint-tenants, the one dies, the other to make estate, 
81  Two executors exhibit two Bills, answer one the other dismissed, 
88    


U.  void limitation deal Lease in volunt. 
9  Uses of Gavelkind land, 
11  Vendee against one appointed to sell him Land, 
14  Variance in a Bill of revivor from the first Bill disallowed, 
55    


W.  WArranty collateral, no remedy, 
5  Wager of Law, no help, 
5  Where remedy at Law, no help here, 
15  Waste holpen here, and no remedy at Law, 
19  Waste forbidden here, and not punishable at Law, 
26  Witnesses ad informandum conscientiam, 
27  witness served to testify, pressed for a soldier, 
41  Writ of privilege granted to a suitor, 
43, 44  Witnesses examined before answer, 
48  Witnesses examined by fraud suppressed, 
56  Witnesses taken after publication ad informand. conscien. 
58  Wife after the death of her husband, sueth a Bill of revivor, 
70  Witnesses that answer insufficiently, again examined, 
81  Witnesses examined in perpetual memory, moved to use their testimony, 
88  Witnesses examined before the town clerk of York suppressed, 
91  Witnesses examined, 1. and 2. P. and Mary ordered to prefer a Bill for publication, 
94  witness not able to travel discharged, 
99  Writ of privilege disallowed, 
102     

Reports in Chancery.  
IF a man be bound in a penalty to pay money at a day, 
Payment after the day upon bonds holpen.  and place, by obligation, and intending to pay the same, is robbed by the way; or hath entreated by word some further respite at the hands of the Obligee, or cometh short of the place by any misfortune; and so failing of the payment, doth nevertheless provide and tender the money in short time after; in these and many such like cases the Chancery will compel the Obligee to take his principal with some reasonable consideration of his damages (quantum expediat) for if this was not, men would do that by covenant, whi●h they do now by bond.  
The like favour is extendable against them that will take advantage upon any strict condition, 
Condition to undo estates in Lands.  for undoing the estate of another in lands upon a small or trifling default.  
So if two be jointly and severally bound to pay money, 
Giving day to one, it shall help the other.  and the obligee will give longer day (or other favour) to the one, and then will sue the other for the debt, he which is sued shall sue in Chancery 9 E. 4.41.  

Payment without acquittance.  A man payeth debt upon a single obligation without taking acquittance, therefore this will not discharge him at the common Law, but he shall be relieved therein in Chancery (quare 22. F. 4.6. By the party's oath, but not by witness.  

Lessees damages in waste moderated by the death of the Lessor.  If a man fell Trees upon the Lands of a Lessee for life, and the Lessee recovereth damages amounting to the treble value that he ought to answer to his Leasor in waste, and the Leasor dyeth before any recovery in waste, now the Leassee shall not be suffered to take those damages himself, being so discharged of them, but shall be restrained in Chancery. Doctor and Student 33.34. and 40.  

The greater part of the debt paid, and the rest offered, relieved in Chancery.  If the obligee have received the most part of the money, payable upon the obligation at the peremptory time and place, and will nevertheless extend the whole forfeiture, immediately refusing soon after the default, to accept of the residue tendered unto him, the obligor may find aid in Chancery.  

Purchasor of parcel of land not snbject to the whole rent charge.  If a man grant a rent charge out of all his Lands, and afterwards selleth his Lands by parcels to divers persons, and the grantee of the rent will from time to time levy the whole rent upon one of the purchasers only, he shall be eased in Chancery by a contribution from the rest of the purchase●s; and the grantee shall be restrained by order to charge the same upon him only.  

Suing in a wrong County.  A man recovered at the common Law a debt in one County, where the obligation was made in another county against the Stat. 6. R. 2. c. 2. The Defendant sued, and suggested in Chancery, that by this means he was put from divers Pleas of which he might have taken advantage, if the obligation had been sued in the very County and he had aid there; for the Chancellor said that he sued to hide the truth and against conscience also, which cannot be so well found in any place, as in the very County where a thing is done, 9 E. 4.2. and 9 E. 4.15. A man shall not be prejudiced by formality or mispleading, &c.  
Touching Copy-holders, 
Copyholders.  Mr. Fitz-Harbert in his Natur. Brevium fol. 12. noteth well that, forasmuch as he cannot have any writ of false Judgement, nor other remedy at common Law against his Lord, therefore he shall have aid in Chancery; and therefore if the Lord will put out his Copyholder that payeth his customs and services, or will not admit him to whose use a surrender is made, or will not hold his Court for the benefit of his Copyholder, or will exact fines Arbitrary, where they be customary and certain, the Copyholder shall have a Subpoe▪ to restrain or compel him as the Case shall require, Dyer 264. and 124 Fitz. Subpoena 21  
First this Court forbeareth directly to examine any Judgement given at the common Law, 
Not to examine any Judgement given at the common Law.  to which end the Statutes 27. E. 3. cap. 12.39. E. 3. cap. 14.4. H. 4. cap. 23. and 16. R. 2. cap. 5. were made; and it seemeth that the common Law used some power to restrain such examinations of Judgements before all these Statutes, for 13. E. 3. upon a recovery had upon a Quare impedit, the Defendant sued for help in the Chancery; and they sent a prohibition, and upon that an Attachment against him. Fitz-Harbert prohibition 21 the like hath been done upon suits in the courts of requests. But yet 9 E. 4.65. one recovered debt upon an obligation in one county, whereas the obligation was made in an other county, and he complained in Chancery because he had lost some advantages, which he might have taken if the trial had been in the other county, which thing in effect was made a Law by the Statute, 6. R. 2. c. 2. And in the Case of Paramore Ann. 3. & 13. Eliz. A fine supposed to be levied by an Infant, 
Dyer, ●01. and 301.  was examined in Chancery, after it had been allowed by examination of the Justices of the come. Pleas; but whether these and such other may seem rather to examine the manner, than the very matter and substance of the thing adjudged, it is worthy of consideration.  

atturnment.  Sir Will. Cordall Mr. of the rolls denied to compel one to atturn here that was at liberty by the common Law, in the Case of Sir John Windham.  

atturnment denied but in some Cases.  Chancellor Bromeley likewise denied such compulsion generally, but where the party quarrelled with the particular tenant's Estate, or entreth iuto some part of the Lands in demise, or hath covenanted for recompense for non atturnment there he utterly denyeth to enforce the attornment. Pasch. 21. Eliz. in Case of Philips, and Doctor Sandford.  
Such assurances as be used for the common repose of men's Estates, 
Fine●, Recoveries, &c.  the Chancery will not draw in question; for a fine with Proclamation ought after the five years, to be a bar in conscience as it is in Law; so shall it be of a common recovery for docking the entail, Doctor and Student, 33.155.  

Mulier, and Bastard.  So likewise it seemeth that the continued possession of the Bastard eisne shall prevail in conscience against the right of the Mulier ●●sne. And albeit a feme covert may be thought to join with her Husband for fear in a fine of her l●nds, yet after the five years it shall not be recalled, for the general inconveniences that may ensue to that highest assurance. Doctor and Student, 154.  
And if remedy in Chancery should be extended to a collateral warranty, 
Warranty.  the same Saint German saith that then all writings shall be examined.  
If the extender undervalue the Lands, 
Extent●, laws.  as there is no remedy at the common Law, 15. H. 7. Dupleges Case, because the Debtor may help himself by payment of the debt, so in conscience there ought to be no relief, unless it were done by Covin. Idem.  
Upon Nudum pactum there ought to be no more help in Chancery, 
Nudum pactum. Wager of Law.  than there is at the common Law, neither against him that hath waged his Law in debt, though peradventure falsely. Idem.  
Where a man made Title to a rent seck of which there was no seizin, 
No seizin of a re●t. seck.  nor for which he had any action at the common law, and prayed help here it was denied upon conference had by the Lord Keeper with the Judges, Michal. 1596.  
A Copyholder dyeth leaving two daughters by divers ventures, 
Possessio so oris in Cop●yhold.  both which do enter and take the profits, without doing fealties, or paying fine, and without any admittance by the Court, and the eldest dyeth without issue: This only possession sufficeth to order the Copyhold to the collateral heir of the eldest, and not ●or the sister of the half blood, 12. Eliz. Dyer 291.  

Copyhold.  A Copyholder in Fee hath issue a daughter and a son by two ventures; the Lord committeth the custody of the Land, and of the son to the Mother who taketh the profits, 
Possession of the Mother for the h●r collateral.  and the son dyeth before any admittance; this Copyhold was ordered also for the heir collateral against the Sister of the half blood, because the mother's possession serveth for the son, Anno 12. Eliz. Ibid.  

Copyhold device.  The Lord devised a Copyhold to C. for life, and after passed the Freehold of the soil thereof by livery of seisin thereof to B. for life reserving a rent; and then by fine levied, doth grant the said Land to the said C. (come ceo que il ad de son done &c.) And C. accepteth the said rent of B. and thereupon it was questioned whether or no, the Copyhold of C. were gone in conscience 28. H. 8. Dyer 30.  

Copyhold forfeited for cutting of Trees, during▪ minority.  A Copyholder within age is admitted, and the Lord committeth the custody to the Mother of the Infant, whose under-Tenant cutteth down Timber Trees, which being presented, the Lord seizeth the Land for the forfeiture (during still the nonage) and keepeth it till he dyeth, and it descendeth to his heir, who and his Father had kept it 40 years, and for that the Copyholder moved suit in the Chancery 29. years since which was now revived, and the forfeiture was taken during his minority, he was restored to his possession till the Lord should recover it for the forfeiture by the common Law, 
Tenant right Fines for alienation of the Tenant, but not of the Lord.  in the case of Mr. Litton Mich. 41. and 42. Eliz. Justice Clench, and the Masters.  
Tenure by Tenant Right as it is usual towards the borders of Scotland, shall not pay any uncertain fine or income at the change of the Lord by alienation, but by death which is the Act of God; for otherwise the Lord might weary the Tenant by frequent alienations; but it may be fine uncertain upon the alienation of the Tenant as well upon death as descent, for that it is the Act of the Tenant, and in his power. Sir Thomas Egerton Mich. 1599 Case manor de thwaites & les justices accord, the same holdeth in Copyholders, for the custom must be reasonable.  
A Copyholder in Fee surrendreth to the use of one, 
Payment of Creditors out of a Copyhold forfeited by mortgage.  and to his heirs upon condition of redemption, writeth down his debts, and willeth part of his Copyhold to be sold for payment of his debts after his death; one of the creditors payeth the money at the day to the mortgage, who nevertheless inrolleth the surrender afterward; this other creditor complaineth against him, and the Heir in Chancery, and had a decree that the Copyhold should be sold for the payment of debts, and the remainder of it (if any were) should descend to the heir 41. Eliz. For although the device of the Copyhold be void, yet to take it from the surrendree, (who held it only for money to be paid) and to pay him and the other creditors therewith, hath good warrant in equity, and the heir hath no wrong for that it was gone from him by the surrender lawfully.  
Termino Trinitatis 40. Eliz. the Lord Keeper Sir Thomas Egerton pronounced openly, 
Lease paroll.  that he for avoiding perjuries and other abuses, would not give help to a Lease claimed by parole only.  

Marriage po●tion recovered at common Law, and reversed in the Exchequer, holpen in Chancery.  One Cutting brought an action upon Assumpsit for one hundred pound against the Executors of a Testator that promised the money in marriage with his daughter, and recovered at the common Law; which judgement was reversed in the Chequer Chamber, but Cutting sought help in Chancery, where it was proved that the Executors had asssets for funerals, Debts, and Legacies with a good overplus to satisfy the complainant; and therefore after hearing and report thereof by Doctor Stanhope, and Mr. Lambert, it was decreed for the complainant; but the Executor exhibited his Bill for remedy; upon which Justice Owen thought he was not to be heard till he had satisfied the decree; and then also but only upon new matter; not thus resting, the Executor exhibits a second Bill which was referred to Master Lambert, but he excused himself, that he was not to judge in his own cause and recommended it to the censure of the Lord Keeper who ordered the Executor to perform the first decree, Micha. 40. Eliz. 1598.  

Perpetuities.  Trinity 41. Eliz. The Lord Egerton pronounced openly, that he would give none aid in Chancery, 
Lease for 1000 years.  ●or the maintenance of any perpetuities, nor of any Lease for hundred●, or thousands of years, made of lands holden in Capite; because the latter be grounded upon fraud, and the former be fights against God.  

Statute lands bought with Money lent, pr●o●ity ●ans Covyn.  A. was bound in a Statute to B. And one C. lendeth 100 l. to A. with which A. bought lands, and assured the same to C. for his hundred pound. A, faileth in payment. B. extended that land. C. was denied help in Chancery, although the land was bought with his money; for B. hath priority of right in Law without Covyn, Crompton. 63. a.  
A. delivereth twenty pound to B. to the use of C. a woman to be delivered her the day of her marriage, 
bailment sans consideration countermanded.  before her marriage. A countermandeth it, and calleth home the money, C. shall not be aided in Chancery, because there is no consideration why she should have it. Dyer. 49.  
A Term or devised his term, 
void limitation de Lease in vol. Cook lib. 8.95.  and whole Lease to B. proviso that if B. die, living C. Then the term shall wholly remain to C. B. selleth the term, and dyeth, living C. And by the opinion of the Justices C. shall have no remedy, Dyer, 74.  
The Vice Countess Montague claimed the Wardship of the body of the heir of a Tenant of hers, 
Ravishment de g●rd.  which was esloyned from her 〈◊〉 she suspecting some of the heirs friends exhibited her Bill in Chancery; and it seemed they should not answer to charge themselves criminally; especially in this Case, where so great a punishment as abjuration may follow, &c.  
Cromer and Peniston married two Sisters jointly possessed of a Lease for years, 
Survivor in joint. Tena●cy de Lease.  the wife of Cromer died; Peniston claimed the whole by Survivor, Cromer exhibited a Bill suggesting that Peniston had in her life time severed the joyneture by some act ●ecretly: The Lord Keeper overruled that the defendant should not answer Mich. 39 and 40. Eliz.  

Feoffees to use.  As concerning confidence secretly knit to Estates, it hath manifold considerations; first if my Feoffee upon confidence, do infeoff another bona fide, 
Notice of the use.  that knoweth not of the confidence, I am without remedy. Fitz Harbert sub. 19 But if the second Feoffee have notice of the use, he shall be compelled here to perform it, 5. E. 4.7.  

If my Feoffee die I have no remedy against his Heir.  So if my Feoffee die, and the land descend to his heir, I have no remedy against him. 8. E. 4.6. All the Justices; and this confidence extendeth not only to the taking of the profits, but also that the Feoffees shall do acts for the good of the Feoffor; and if the Feoffor require him to make an estate to any other, he o●ght to do it, but thereof he ought to have request in writing, for he is not to do it upon a bare message, or upon desire by word only, 37. H. 6.35.36. 
The Feoffee shall do Acts for the Feoffors good.  And if the Feoffor will have him make an Estate to I. for life, the remainder in Fee to B. though I. will not take the Estate, yet B. shall compel him to make Estate to him in the life of I. ibid. 36. Finch. So if the Feoffee be disseised, the Feoffor shall compel him to sue an Assize▪ 2: E. 4.7. 
They may grant Offices, but not annuities.   
Nevertheless those Feoffees might grant necessary Offices as Stewardships, Bailyweeks, &c. though they may not grant Annuities to learned men to defend the Land, 8. H. 7.12. They may also as it seemeth give Fees to council, 
Fees to council.  and shall have allowance thereof, so far as they are from being maintainors.  

Money given to buy Lands.  If I give money to one to purchase Lands therewith to him and his Heirs, and to permit me to take the profits thereof during my life, and he with-holdeth the profits, he shall be compelled by Subpoena Crompton, Fol. 48. b.  
If (Cesti que use) be attainted of Felony, 
The Feoffee shall retain the Land to his own use fur-attain der de felony.  the Lord shall not be aided by Subpoena to have his escheat; and if the Heir be barred by the corruption of his blood, than the Feoffee as it seemeth shall retain the Land to his own use 5. E. 4.7. Feoffments of use, Brooke 34.  
When the use is to the Feoffee and his Heirs, 
Intent specified in a Feoffment to use.  without any other intent, there (Cesti que use) may declare his will thereof and may vary at his pleasure; but if it be to any intent certain, as to take back an estate tail, or with remainders to others, than he cannot change it, for the interest that is in others, 5. E. 4.8. a.  
Whether the use of gavell kind Lands should ensue the nature of the land, 
Uses of gavell kind at the common Law. 26. H. 8. Dy. 6.  and so of borough English, or shall be at the common Law, because the customs do extend to Lands, and not to uses, or rents as is said against Fitz Harbert.  
Although (Cesti que use) of a term for years be not within the Statute of uses, 
Cesti que use) de term de ans.  rather therefore he shall have remedy in Chancery, Crompton 64.  
Where the complainant will rest upon the oath of the Defendant, 
Jurament. delatum a parte.  and be contented to be judged there by, their the oath of bewraying is hardly granted.  
Conscience never resisteth the Law, 
AEquitas sequitur legem.  nor addeth to it, but only where the Law is directly in itself against the Law of God, or the Law of reason; for in other things Equitas sequitur legem. Saint German, Fol. 85.155.  
Sometimes equity helpeth a man to that, for the which there is no Law of man provided. 
Things left to the conscience of the party.  fol. 85. ibid. Sometimes equity follows the meaning of the parties in their contract, 86. Ibid. where a common inconvenience will follow, if the common Law be broken, there the Chancery shall not help. 155. For albeit the party cannot with a good conscience take the advantage of sundry things to which he comes, yet the Court of conscience is not thereby bound to help the other, but must leave some things to the conscience of the party himself.  

Help in Chancery against Executors.  It is reported, 8. E. 4.6. and 22. E. 4.6. year Book, That the Lord Chancellor, and Judges were of opinion that a Subpoena lieth not against the heir of a Feoffee in trust; but our time affordeth that help against Executors very commonly, as between Ouslowe and Ouslowe, Lord Norris and Leicester, Cutting and Huckford, &c.  
At the common Law, if a man were surety for another's debt, 
Surety.  he was chargeable if the debtor failed in payment; but Magna Charta. cap. 8. ordereth that the pledge shall not be distrained, if the principal debtor be sufficient to pay; this grew troublesome to the Creditor, and therefore it fell in use that the pledge should be bound as principal, and so by the common Law he is chargeable notwithstanding the sufficiency of the principal; 
The surety chargeable.  nevertheless it is now usual in Chancery to help this suerty against whatsoever default of the principal, 
To help the surety.  if so be he will offer the principal debt and damages; but in my opinion he ought to find here no other relief than the principal debtor should find, 
No other relief for the surety, then for the principal.  because he is not only a principal by his own Bond, but also was the cause, for which the money was lent, seeing that without him the principal had not been credited. And experience bewrayeth, that this favour to sureties breedeth contempt of Bonds; Nihil est autem (saith Cicero) quod vehementius remp.. continet quam fides, quae nulla esse poterit si non erit necessaria solutio rerum creditarum, fraudandi vero spe sublata, solvendi necessitas consequitur.  
But the Case of the purchasor (bona fide) of land subject to a Statute, 
Purchasor.  or recognizance, is better than of such a surety; and so is the Case also of the heir of the Recognizor, or Obligor; for though the land be charged in their hand with the debt, yet equity ought to relieve them touching any penalty, unless they be found in Mora, &c.  
If a debtor will Collude with some of his friends in fraud of his Creditors; 
Fraud upon fraud.  and the friend break trust with him, this Court will not punish the breach; yet green and Cotterells Case to the contrary (fraus non est fallere fallentem.) But two Doctors and I took order in such a Case between Woodford, and Multon, Mich. 42. and 43. Eliz. by our report that the goods so conveyed in fraud, should be transferred to the benefit of the Creditors. 
Feoffee punishable for making Estate at the wife's request during the Coverture.   
A. Man was enfeoffed to the use of a woman sole which taketh an Husband; they both for money sell to B. The land which payeth it to the wife; and she and her Husband do pray the Feoffee to make Estate to B. Afterwards her hu●band dyeth; now by the Chancellor and all the Justices, she shall have aid against the first Feoffee by Subpoena, to satisfy her for the land; and if the second Feoffee were conusant, a Subpoena shall be against him for the land, for all that the wife did during the Coverture (as they said) shall be taken to be done for fear of the husband 7. E. 4.14. Subpoena Fitz-Harbert. 6.  

No relief against his own deed.  If A. sell land to B. for 20 l. with confidence, that it shall be to the use of A. yet A. shall have no remedy here, because the bargain hath a consideration in itself. Dyer 169 per harper. and such a consideration in an Indenture of bargain and sale seemeth not to be examinable except fraud be objected, because it is an estopell.  

Release of joint Feoffee.  Lands be morgarged to A. and B. where A. only payeth the money, and the intention was that B. should take nothing; now B. shall be compelled to release to A. 27. Eliz.  

Subpoena 'gainst one appointed by will to sell.  A. willeth that B. shall sell his Land to C. now C shall have a Subpoe. against B. to compel him to sell the testators land unto him 15. H. 7.12.  
Pyers was bound in a Statute to Hawes, and Joan, 
To discharge himself of a bond is permitted in equity.  for the behoof of Joan, and haws released to Pyers, whereupon she brought a Subpoena against them both; but Pyers was discharged although he knew the confidence; because it is permitted in such a case a man should help himself to be discharged of his bond, and the Subp. stood against Hawes, because he had deceived Joane, 11. E. 4.8. a. Tamen quae●. for it is no conscience to be a partaker in fraud; therefore if my Feoffee in use had made a Feoffment unto one that knew of the use, the Subpena did lie against them both, 5. E. 4.7. And the Case precedent kiked not the reporter.  
If an Obligation be made to B. to the use of C. now B. shall be compelled here to sue upon that Obligation, 
Forced to sue an Obligation.  2. E. 4.2.  
If one Executor will release a debt without the consent of his copartner, 
Executor shall not release a bond without his copartner.  whereby the Will cannot be performed, the releasor and the releasee shall be ordered therefore in Chancery, 4. H. 7.4. By the Chancellor against the opinion of ●ineux.  
If a Subpoena be brought against three Executors, 
Executors shall not answer without his Copartners.  and one of them appeareth, he shall not be compelled to answer till they be driven to appear also, for they are but one, 8. E. 4.5. By the Chancellor.  
So if two Copartners, 
Copartners to join in Plea or presentment.  or joint tenants-join in a Quare impedit, and the one will plead covenously, he shall be compelled here to join with the other in Plea or presentment.  
And so if lands be severally given by one deed, 
One deed by which two claim severally.  to two men; he which hath the deed shall be compelled here to show it for the defence of the others Title, 9 E. 4.41.  
A. made a Deed of Feoffment to his own use to B. but gave no livery of seizin. 
Where remedy at common Law, no help here.  A. dyeth, C. his heir bringeth a Subpoena against B. but by Morton Master of the Rolls, C. was denied help here, because B. had nothing in the Land; and if he abate, there is remedy at the common Law against him, 18. E. 4.13.  
Where certainty wanteth, 
Goods of Felons granted which are difficult to prove.  the common Law faileth, but yet help is to be found in Chancery for it; for if the Queen grant to me the goods of A. that is attainted of Felony, and I know not the certainty of them, yet shall I compel any man to whose possession any of them be come to make. Inventory of them here, 36. H. 6.26. Cur.  

Bringing evidence into Court.  It is most usual in Chancery to demand evidence concerning the complainants Lands, to which he maketh Title, which are not in Ch●sts, bags, or Boxes, and whereof he knoweth not the Date, &c.  

Justifying detaining of evidences.  And in that Case the Defendant made Title to the Lands, and justified the detaining of the evidences, for maintenance of his right; whereupon it was ordered, that the complainant should bring an action for the Land at the common Law; to which the Defendant should plead in chief; and that he for whom the verdict should pass, should also have his possession stalled here, 28. Eliz.  

Tenants of the Land uncertain.  If a man have cause to demand land by action, and knoweth not the Tenant of the land, by reason of the making of secret Estates, it hath been lately used to draw them in by oath, to confess the Tenant; but it is now doubted.  

Tenants in common to know the certainty  A Tenant in common, of a Manor for long time, occupied wholly by the other Tenant in common, which knoweth not the quantity of the manor, by reason the other hath also sold Lands intermingled, had the sight of the Court Rolls, and Writings of his companion, concerning only the quantity of the manor, but not concerning the sold Lands, nor his Title to the manor, and the other was ordered also to show the like on his part. Capell and Mym. 1599  

Supply of true meaning in Feoffments.  The Chancery also giveth help for perfecting of things well meant, and upon good consideration. As if in a Feoffment of Lands for money the word heirs be omitted in the deed, Audeley Chancellor, 9 H. 8. said that he would supply it.  
A man bought debts due upon Obligations, 
To bring in an obligation to be canceled.  and gave his own Obligation for the money to be paid for them; and because he had not (quod pro quo) but only things in action, and the seller would not use action upon them for the benefit of the Vendee; It was ordered here by the assent of the Judges thereto called, that the Vendor should bring in the Obligation to be canceled, 
Money paid upon Obligation single, or single Statute not compelled here to cancel it.  37. H. 6.14.  
But if a man pay money upon an Obligation, or a Statute that is single, the Obligee, or Counsee shall not be called hither to cancel it, though the other had no acquittance upon the payment made, 22. E. 4. b. les Justices, and Doctor and Student 23. who said that a man shall have no aid here to supply his folly: 
Yet upon a mortgage, he shall be compelled to bring in the indenture to be canceled here.  As if he pay a debt upon a single Obligation or Statute without taking acquittance. But Robert Stillington Episcopus Bathoum said that (deus est pro●urator futurus.) I think if money be paid upon a redemption of a mortgage by Indenture without taking an acquittance, the mortgage shall bring in the Indenture to be canceled here. 
Lands sold in two counties and livery made only in one.   
So if a man sell lands in two Counties for money, and maketh livery in the one only, he shall be compelled in conscience to perfect the assurance by another livery, Doctor and Student 37. for the contract faileth only in a circumstance or ceremony. 
Leassor to have the woods leaving sufficient boote●.   
A lease is made of a House and Woods, wherein it is covenanted, th●t the Leassee shall have Housboot and Fireboot. By this it is employed and meant that he shall not have any of the Woods to any other purpose, but that they belong to the Lessor; and it is usual to help him in the Chancery, to them leaving sufficient for these boots.  

message cum pertin. carries the land used with it.  A message was demised (cum pertinentiis) only but for that sundry Lands had been occupied therewith for the same rent; and by the same words, the Lord Chancellor Bromley by advice of the Judges, ordered those Lands should now pass also; yet in Law they do not pass as some Justices hold.  

manor demised, except the Court Baron.  The Lord North demised a manor (excepting the Court Baron) and perquisites, &c. the exception was found void in Law; and the Tenant Lady Dacres would not make suit to the Court kept by the Lord North. But the Lord Keeper Puckering assisted with some Judges, decreed her to make suit, for that it was plainly so intended.  

Fraud or covyn in goods.  A man made a gift of his goods of intent to defraud his creditors, and yet continued the possession of them, and took sanctuary and died there; now his Executors having the goods, were charged towards the Creditors, 16. E. 4.9.  

Grand Lease forfeited by covin.  So if a Lessee for years demiseth parcel of the term to another, and covenously forfeiteth his whole Lease for any condition broken, and taketh the Land back in Lease again, his Lessee shall find help in Chancery. 
Laesione fide●  Crompton, 64.65. And Stillington the Chancellor, 8. E. 4.4. was of opinion that (pro laesione fidei) or breach of promise, 
Canonica I●●uria.  a man was at liberty to sue either in the spiritual Court (Canonicae Injuria) or else in the Chancery for the damage accrued by the breach.  
A man had Lands of ancient de●neasne in extent for debt, 
Conu●ee.  and they were recovered from him by the sufferance of the Vouchee, whereby he was ousted; in this Case he shall be holpen here. Morton Chancellor per Assent. Bryan, and Hussey Justices, 7. H. 7.11.  
If one that is bound with another for the debt of the other payeth it at the day for fear of Arrest; 
To avoid future perjury.  now if he sue his counter-bond which he hath to save him harmless (non est damnificatus) is a good Plea at the common Law against it; but yet the Chancery will give order for his repayment. Mich. 31.32. Eliz. And whereas such a surety paid the debt, and sued the principal upon his Obligation to save him harmless; the principal brought a Subpoena, and alleging that he having delivered goods into the hands of the surety to save him harmless, 
Payment for the principal by the surety.  prayed an Injunction to stay his suit; but because the surety made another title to the goods, the Court would not stay the suit for him, 16. E. 4.9.  
Where Deeds and Mynuments do concern as well the defence of the Tenant for life, 
Deeds brought into the Court.  his Title who also possesseth the Deeds, as the right of another in reversion or remainder, it is usual to have them brought into this Court for the avoiding all perils, and the indifferent custody of them, Dixies and Hillary, 40. Eliz.  
A Lease is made for life, 
Waste haul. pen in Chancery.  the remainder for life; the remainder over in Fee; the first Lessee maketh waste; and because he in the Fee hath no remedy by the common Law, and waste is a wrong prohibited, he shall be holpen in Chancery, Crompton, 48.6.  

Tulier and Bastard Ione●n suing ●heir livery.  And not every bar or stopell in Law ought also to bind in Chancery: For if a legitimate daughter, and her sister a Bastard do join in suing of their livery, this ought not to bar in conscience, howsoever it may estop in Law, Doctor and Student 34.  

Action of the case seeketh damages, subpoena rem ●psam.  It is usual in a Bill of Chancery ro object, that the Case hath proper help at the common Law, and 21. H. 7.41. where one assumed for 10 l. to Lands to another. It was said he might have action upon his Case; and not to sue in Chancery to compel him to make the Estate; but these helps be divers, and not the same; for by the one he seeketh the Land; and by the other he demandeth damages only. And therefore I see not, but that the Petition in Parliament might have prevailed, if it had stood upon that point only; and at this day, it is taken for a good cause of dismission in most causes, to say that he hath remedy at the common Law; and where an action upon the Case for a Nusans and damages only are to be recovered, the party may have help here to remove or restore the thing itself, quod est idem.  

Fines fraudulent.  A Leassed lands for 21. years, and let other lands at twill to B. that had lands in the same Town, who makes a Lease for life to C. of his own lands, and of A▪ s. and then by Fine all is conveyed to B. he pays the rent to A. still the five years pass by the opinion of all the Judges delivered to the Lord Keeper; this fine shall not Bar A. quia apparet per le payment del rent and cest case fit subscribe per Popham & Andersan. 12. Feb. 160 1.40. Eliz.  
Nota que Executor non poit estre a trust unless he have an especial gift in the will, 
Executors how upon trust.  and that may then be in trust, otherwise the general trust of an Executor is to pay debts and legacies; and of the surplusage to account to the ordinary in pios usus, 
No relief against a voluntary act.  44. Eliz. 8. Iunii 1602.  
A woman sole takes consideration for making a Lease for 21. years and then marries; and she and her husband made the promised Lease at the 21. years' end, the Lessee surrenders and takes a new Lease for 21 years more, the husband dies, the wife oustes the Lessee, who sues in Chancery to have the first Lease continued rest for the first 21 years, and not remedied here, the surrender being voluntary, 44. Eliz.  
Two joint-tenants, 
Joint Tenants, one taking the profits.  the one takes the whole profits, no remedy for the other, except it were done by agreement, or promise of account, 8. Iunii 1602. 44. Eliz.  
A defen▪ not being a principal defendant, 
Defendant examined as a witness.  might be read at a witness, if he were examined on the plaintants party in another suit, between other persons, in Case of Kingston upon Thames, 10. Iunii 1602. 44. Eliz.  
A custom of descent in a manor, 
general customs reduced to certainty by agreement in a manor.  and many other things were in controversy between the Lord and Tenants, and between the Tenants themselves. And in the tenth Eliz. a general agreement made by Deed indented, and a Bill in Chancery for establishing the same, but no Record to be found but the Deed enrolled, though all the Tenants of the said manor shall be stopped in the Chancery to speak against this, (Cac. est quae le Repes del realm) notwithstanding pretence was made (Philips being of council with the defendants, that agreement cannot alter a custom in Law, that some were infants, some ●eme coverts at the time that the Lord was but Tenant in tail; of which opinion was Mr. Cook Attorney general, and Justice Gawdy, 10. Iunii 1602. 44. Eliz.  

Statute acknowledged in my name by a stranger.  If a Statute be acknowledged in my name by a stranger, I shall have an action of disceat against him, but I shall not avoid the Statute or recognizance; but if it be acknowledged by one of the same name with me, I shall avoid it by Plea. 23. Iunii 1602. 44. Eliz.  

Power to make leasses.  The opinion of the Courts is, that uses may be raised by covenant for Jointures, but power to make leases in that sort cannot pass, but it may be done by Fine, or transmutation of possession, if the covenant be that the owner will stand seize to those uses, 27. Iun. 1602. 45. Eliz.  
Whether Copyholders may be entailed, and held that they may not by the Statute (de donis conditionalibus, 
Coppyhold tailed surrender. ) but by the common law denante; and that surrenders, or plaints in nature of fines and recoveries may bar these state tails, as well in the Court Baron, as at the common law, if the custom have been such, which is the rule in these cases, 3. Feb. 1602. 45. Eliz.  

Abating a Bill.  Administrators in nature of a guardian to an infant being Executor, exhibits on his behalf a Bill in Chancery; the infant (depending the suit) comes of full age; this abates not the Bill by the opinion of the Lord Chancellor Egerton, 
Leases devised to his wife, on confidence to come to his Son not relieved.  7 Feb. 1602. 45. Eliz.  
Doctor Ford by his will devised certain lands to his wife in these words (non per viam fidei cōmiss●●) for which his son might sue her; but hoping if his Son grew thrifty, that at her death she would leave the remnant of these Leases to him, she married Greysill; but before marriage Greysill wrote unto her, that she should have the disposing of those Leases at her death; after the marriage Greysill sells the Leases; Ford brings his suit in Chancery, and had no help by the opinion of the Court, 31. Maii 1. Jacob. 1603.  
Inter Tomley and Clench, 
Possession bound by decree, and the party prohibited to sue at common law.  It appeared by testimony of ancient witnesses, speaking of 60 years before, and account Books and other writings, that Francis Vaughan, from whom Tomley claimed was mulier; and Anthony from whom Clench claimeth was a Bastard; and the possession had gone with Tomley 50 years. In this Case the Lord Egerton not only decreed the possession with Tomley, but ordered also that Clench should not have any trial at the common law for his right, till he had showed better matter in the Chancery, being a thing so long past; it rested not properly in notice de pais, but to be discerned by Books and Deeds, of which the Court was better able to judge then a Jury of ploughmen, notwithstanding that exceptions were alleged against those ancient writings; 
Grantee distrains one who prayeth relief, ordered he sue the rest, and the Grantee, the one to contribute, and the other to accept of equality.  and that for the Copyhold-land, the verdict went with Clench upon evidence given three days before sergeant Williams, that Anthony was Mulier, 31. Maii. 1. Jacob. 1603.  
Sir Edmond Morgan married the widow of Fortescuhe, had his wife's lands distrained alone by the Grantee of a rent-charge from her former Husband, and therefore sued the Grantee in Chancery, to take a ratable part of the rent, according to the lands he held subject to the distress; and notwithstanding the Lord chief Justice Popham's Report, who thought this reasonable, the Lord Chancellor Egerton will give him on this Bill no relief, but ordered that he should exhibit his Bill against the rest of the Tenants and Grantee both, the one to show cause why they should not contribute, the other why he should not accept of the rent equally; otherwise it was no reason to take away the benefit of distress from the Grantee, which the Law gave him 7. Iunii Iacobi. 1603.  

Contents of ● manor as it was 60. years past.  A. In forma pauperis had a decree against C. for the manor of B. that the contents of the manor were doubtful. C. showing ancient Deeds, that proved divers parcels of the Lands, claimed by force of the decree by A. to be of another manor, which notwithstanding the Lord Chancellor Egerton ordered that it should be put to a Jury▪ and they to find as the contents of the Manor had gone by usual reputation 60. years' last; and not to have it paired, and defalked by such Ancient Deeds.  

Executrix hu●band ●rdered to pay debts.  A. Married a Feme Executrix subject to a devastavit; if A. have nor sufficient to satisfy, himself shall be imprisoned for the debt.  

Plaintant mistaking his Title in his Bill.  A. Plaintant in Chancery for a Lease upon a Bill, that affirmed the Lease to end at our Lady day, An. 1604. had the same decreed for him; many years after coming to the Lease itself he finds, that it is not to end till our Lady, An. 1605. And then moves in Chancery, that he may not be forced to leave the land, till that time as the decree appointed him (qui constitutus est cancel●arius, 24. Iulii ad Coronam Regis) for the first he must perform the decree; and then exhibit a new Bill upon the special matter, otherwise it were perilous to blow away decrees upon motions. Hil. 1. Iacobi. Gosset come. Crowther, fol. 122.  
Henry Earl of Darby conveyed certain lands in trust, 
L●easses conv●yed in trust to pay debts.  to Doughty his servant for payment of his debts, upon mediation of an end of controversies between the daughters of Fardinand, eldest son of Henry, and Will. his younger son now Drain. Articles were set down, that Will. should discharge all his father's debts, whereupon Doughty conveyed the Leases to Will. the creditors sue Doughty in Chancery; and ordered to pursue their remedy against Earl William. Hill. 1. Iacobi.  
Hearle plaintant in Chancery against Bot●lers mo●ther and son, 
heir of purchasor charged with payment of money behind for the land.  whose husband had bought tailed lands of Hearles brother, to which the plaintant was inheritable; and some of the money due upon a bond unpaid, and the bond lost. And the opinion of the Lord Chancellor was to charge the son & the mother, in regard of the land in their possession, with the payment thereof. Hil. 1, Iac.  
Nota in le case Mynn and Cobb, 
Proceedings in a cause where there is no full proof.  the trust was not so fully proved as the Lord Chancellor would make a full decree thereupon, so as it should be a president for other causes, and yet so far forth proved as it satisfied him as a private man; and therefore in this case, he thought fit to write his letters to the defendant, to conform himself to reason; and affirmed that if he should find the defendant obstinate, then would he rule this cause specially against the defendant, sans la tires consequence. Hill. 1. Iacobi.  
Nota in the case of Manwood, that there behooveth not a full surrender to be expressed in the Copy, 
copy good by device without mention of surrender.  but the device is chiefly to be regarded if the surrender be perfect in the Roll of the Lord, though there be no mention at all of a surrender good enough▪ Hill. 1. Iacobi.  

Turning of water courses from Mills. holpen.  Inter Swain and Rogers, the case was in effect an Assize of Nusans', for Rogers disturning the trenches, and plucking up of stakes of swains Mill Leet; and making a bank, or dam beneath, that made the water reflow so as the wheels could not go; and exception taken that the Court should not hold Plea thereof (sed contrarium adjudicatur) many causes of the same manner ended here; and this specially for Rogers a great man in the country, Swayne a professor of the Law, who sought hereby to avoid multiplicity of suits per Warburton Justice, but upon a second hearing at the Rolls, referred to a Commission of Sewers. Hill. 1. Iacobi.  

Waste forbidden in Chancery, where not punishable at Law.  Nota per Egerton Chancellor, where Tenant for life, the remainder for life, though there lie no action of waste in Chancery, yet he shall be prohibited to do waste by the Chancellor, for wrong to the inhabitants, and hurt to the commonwealth. Hill. 1. Iacobi.  

Archbishop's Certificate against Bloomer for not paying a maid's portion.  Bloomer having married the widow of Nanfan, who had forfeited a Recognizance to the Archbishop of Canterbury, for not paying of her daughter's Portion, entreated the Bishop of Canterbury, to take a new Recognizance, and discharge the former. Bloomer after finding that his wife's lands was entailed, used means to have her by Fine, or recovery, to put it into Fee, that so it might be subject to the Recognizance; and hoped to get it from his wife also. One Bridges his wife's kinsman withstood this; now dyeth the woman, the Portion unpaid; Bloomer is sued for it in Chancery; and the opinion of the Court against him; the Bishop of Canterbury had certified against him; and because his counsel was not ready that day, the Chancellor declared he must take the Archbishop's Certificate, not as a Testimony, but as a judicial proceeding; and therefore willed Bloomer to satisfy the Archbishop, or else he must decree against him. 
Witnesses ad informand. conscientiam.  Hill. 1. Iacobi.  
Nota that witnesses ad informand. conscientiam, shall never be appointed to be taken but upon hearing (ubi Iudex dubitat) but yet witnesses examined after publication not fit to be published, may be fit to be ad informandum conscientiam, if it shall be thought meet upon the hearing. Hill. 1. l.  
Daniel Hill having put in for his client a long insufficient demurrer to a Bill exhibited against his client, 
Five pound costs given in a demurrer, and the councillor prohibited to deal any more in Chancery▪  in which supposed demurrer were many matters of fact, and other things frivolous and vain, The Lord Chancellor Egerton awarded five pound costs against the party. And ordered that neither Bill, Answer, Demurrer, nor any other Plea should from henceforth be received under the hand of the said Hill. 27. April. 1. Iacobi.  
In the case of Tenant right, 
Fines of Coppyholds how ordered in Chanry.  between Musgrave and some of his Tenants on the borders, The Lord Chancellor pronounced, that neither in Tenant right, nor in other Coppyholds would he make any order for all the Tenants in generality, but for special men in special cases, nor for any longer time than the present, except it were by agreement between the Lord and the Tenants, which then he would decree if it appeared reasonable. 8. Iunii. 1. Iacobi.  
Item that he neither would help Leases parole in Chancery; 
Lease paroll.  and that it was good for the commonwealth, 
Promises.  if no Lease parole were allowed by the Law, nor promises to be proved by witnesses considering the plenty of witnesses now a days, 
Witnesses.  which were testes diabolices qui magis fame quam fama moventur. 8. Iunii 1. Iacobi.  

Proceeding on the Sta●tute for charitable uses.  Lands given ad divina Celebranda by feoffment, till an Estate should be made by the Feoffees of them, for founding a chantry, and this in the 20. of H. 6. and held no superstitious use, nor by the Lord Chancellor, if it had been absolutely given ad divina Celebranda and for saying of Obites, for most part of the Churches of England are so founded; if it be granted to a Priest; contra, if it be granted to a particular Priest ad divina Celebranda and saying Obites, &c. The Case was that those Lands were after given to found a chapel of Ease by the Feoffees; and then new come in upon the first grant, would have had it a concealment, and got a patent thereof, and Commissioners upon the Statute, 39 Eliz. took it from the Pattentee. And note that the Commissioners make the decree; the Lord Chancellor heareth the exceptions against the said decree, and decreed the possession according to the Commissioners decree, leaving the Pattentee to exhibit his Bill against the parishioners, and to show what cause he could for reversing thereof, 18. Iunii 1. Jacob.  

Lands intended to be given to a school after otherwise disposed by will.  George Littleton of the Inner Temple, lent money upon bonds taken in other men's names and had not any in his own name; among the rest he purchased five marks per annum in two other men's names, with this trust, that he might enjoy it during his life, and after it should be to the erecting of a school in the town where the said George was born and buried, as the Feoffees declared in their answer; and in his life time after the purchase he repealed his intent of converting the same to the use of the school to divers others, but by his will he gave certain Acres of Land to I. C. and I. H. and then devised all the rest of his lands to his brother's son, who sues Ceux que trust for converting unto him the five mark land, which Justice Warberton presently decreed for him, saying his will was his Declaration. But in his words there was but a meaning only expressed (me contradicente) for if I. C. make a feoffment to the Use over according to Articles annexed, he cannot alter the same by a later will. contra, if it be to the use of his Will. 19 Iunii 1. Iacobi.  
Cutting clerk of the Outlawries bought lands of Bedwell, 
Cuttings case,  whereof he was seized as Tenant by courtesy, promising the heir should assure at full age; and by mortgage assured other lands for performance thereof. Cutting before full age dyeth without issue his heir not known, for some claimeth as H●ire on the father's side, some as heir on the mother's side, others as assignees, by device; and another as Executor sued a Statute for performance of Covenants; Bedwell being willing to assure, brought all into the Chancery, that he might incur no prejudice till he should know to whom he should assure; and ordered that he should assure to two of the six Clarks, they to reassure to the heir when he should be found. 
No help in Chancery touching power to make Leases.  10. Octob. 1. Iacobi.  
Nota that the Lord Chancellor Egerton in the Case of Pigot, that if a power be reserved to make Leases by a Covenant without transmutation of possession, the Chancery shall not help, because the first is void in Law, if upon transmutation of possession, and the power be not precisely followed, that doubtful and rather most strong against help; for then the Estate works and the power gone; and upon Wills no help; causa patet antea, fol. 1. and difference inter will and testament, testament requires Executors, will of lands. 11. Octob. 1. Iacobi.  

Decree against infants.  Young purchased lands in the name of one Mason to the use of him and his heirs, dying without declaring any settled determination of this trust or confidence; Dethicke a kinsman procures Mason to convey the lands to him, and he conveys it over to infants, Mericke a nearer kinsman sues in Chancery as next heir, if the benefit of the trust appear to appertain to Mericke, notwithstanding the conveyance to infants being decreed for them, they shall hold by the decree during the minority. And a proviso for the infants to assure at full age, per Cook Attorney veniendo de Westm; and there appearing no certain disposing thereof, it was ordered that Mason should repay the money he had for making the conveyance to Dethicke, and Merick to have the lands ordered for him. 11. Octob. 1. Iacobi.  

Amending of Answers.  Those who are curious to have the defendants to amend their answers, ordered first by the Lord Chancellor to put in sureties in Court, for proof of the contents of their Bills according to the Statute, 15. H. 6. or juramentum Calumniae were better perchance. 13. Novemb. 1. Iacobi.  

misdemeanour in Commissioners how to be reformed.  Commission to examine witnesses, went out to Sir A●exander Brett and others, who made certificate against Sir Alexander of partial proceedings; Philipps sergeant moved at the Rolls for a Commission to others to examine in whom the misdemeanour was, in Sir Alexander, or in the certifyers, & fuit negatum, for such collateral certificates are not required of the Commissioners, but let them certify the matters committed to their charge; and if there be misdemeanour, let the party wronged thereby make affidavit thereof; and than take out his Attachment. 13. Novemb. 1. Iacobi.  
A release was offered to be deposed, 
Deeds how to be proved  that it had been seen by some at the bar, it being affirmed that by casual means it was lost; but the Lord Chancellor said the oath should be that he saw it sealed and delivered; and not that he saw it after it was a deed: For in Munson the Justice his Case, a Deed was brought into the Chancery and a Vidimus upon it, being but a counterfeit copy; and after the fraud discovered, and the true Deed produced, therefore none allowance to be given of a Deed, without producing the Deed, or proving the execution thereof; and here appeareth what want we have of Notaries and their Deputies. 16. Novemb. 1. Iacobi.  
The Dean and Chapter of Bristol made sundry Leases misreciting the name of their Corporation, 
Leases of Corporations, whe●ein their names are mistaken by themselves.  and an intricate Case of sundry such Leases made of one thing to divers men; wherein the Lord Chancellor said, that it was fit to help such Leases in Chancery, being for reasonable time, and upon good consideration; contra, of long Leases, without consideration of fine or good rent; and that Judges might have done well at the first to have expounded the Law so, with averment that they were the same parties, and so was the old law till now of late, especially where the mistaking rose on their part, who had the keeping of the evidences, the which the Leases could not see, but must take a Lease by the college Clark, in a writ where you may have a new, no harm to abate it for a misnomer; and yet in that case sometimes in old times an Averment of Comer per lieu nosme & ● auter, where they were sued by others, and not named so by themselves. 23. Novemb. 1. Iacobi.  

Leassee to be holpen in Chancery against patentees.  Haule had a duchy Lease gotten upon untrue surmises; and the King bestowed the land upon the Earl of Devon, for his service done in Ireland. This Lease the Earl sought to avoid by the law; Haule prays to have the matter examined in Chancery, and to have the suit stayed by Injunction which was denied, for that the Lease was granted by fraud, and the Fee simple to the Earl in possession and not in reversion & nota, that the Lord Chancellor said, that where lands are granted in reversion, if the Grantee will avoid the lease for a rent paid, but not at the day, in that case he will relieve, but not where the Lease is granted upon a false suggestion, for that were to relieve fraud in the Chancery, it was further objected, that this grant was made to the Earl upon consideration of service done; and the Lord Chancellor said, that the service done to the realm was as valuable, as if the Earl had given 500 l. for the Land, 
Chancellor calling the Judges into the Exchequer Chamber upon remainders of a Lease.  but the Earl offered to give the Leassee 1000 l. recompense in honour. 23. Ian. 1. Iacobi.  
In a Case moved by Mr. chamberlain, where the Lord Chancellor had referred the matter to be tried at the common Law touching remainders upon a Lease whether good in law or no, and the Judges had given Judgement upon the case in another point in the King's Bench, so as the Lord Chancellor remained still uncertain of that point, called the Judges into the Exchequer Chamber. 1. Iacobi.  
For as much as the plaintant hath served process upon the defendant to appear in this court return 15. Micha. and exhibited no sufficient Bill against him, 
Costs against the defendant, and Clerk tha● made process before a Bill in Court.  and further for mere examination, sued out a Writ of Attachment against the defendant, before the return of the subpoena; it is ordered that the plaintant shall pay unto the defendant 10 s. costs; and also that Hugh Tildesley, who made the process against the defendant without a sufficient Bill, shall pay unto the defendant other 10 s. for his costs; William Garneston plaintant, Thomas Bradwell defendant. Anno 5. Hen. 6. Philip and Mary fol. 11.  
For as much as a Commission to examine witnesses in perpetuam rei memoriam, 
Publication of witnesses in perpetuam rei memoriam a year past.  issued out of this Court, and the witnesses examined by virtue thereof, have remained in court by the space of a year; It is ordered that publication shall be granted Richard Gravenor, and John Gravenor plaintants, Bryan Brearton defendant. An. 5. and 6. Phil. and M. fol. 12.  
Episcopu Cicestrens. publication of witnesses in perpetuam rei memoriam. 
Consil.  An. 5. and 6. Phil. and Mar. fol. 30.  
Willington plaintant, 
Consil.  Agar defendant, publication of witnesses remaining since 33. H. 8. fol. 42. Anno 5, and 6. Phil. and Mary.  
An Injunction is granted against the defendants to deliver to the plaintant certain Plate contained in their Petition, or else to appear and show cause in crur. anim. prox. Anno 5. and 6. P. and M. fol. 13. David Geoffry, and John Geoffry plaintants, and Thomas Davis defendant.  

The manner of entering decrees in times past.  A decree is made for the plaintant, as by the Record thereof signed with the Lord chancellor's hand plainly appeareth; and the said Record is delivered to John Millicent Attorney for the plaintant to be enrolled, the Dean and Chapter of Lincoln plaintant, Bevore and Alice defendants. Anno 5. and 6. Phil. and Mary fol. 15.  

Dismissions and the manner of entri●g them.  Glanffell plaintant, Strickley defendant, a decree is made for the defendant for dismission of the cause, as by the Record thereof signed with the Lord chancellor's hand; and the same put to the enrolment. Anno 5. and 6. Phil. and Mary fol. 22.  

Oath made for serving a Subpoena before witnesses examined in perpetual memory.  James Jervis hath made oath for the delivery of a subpoena to the defendant, whereby he hath knowledge that witnesses are to be examined in perpetual memory; so that he may if he will examine the same witnesses in this court; therefore the examinors in this court may proceed to the examination of the said witnesses accordingly; Hatcham plaintiff, 
Consilio.  Winchcomb defendant. 5. and 6. P. and M. fol. 19  
Porter plaintant, Baker defendant, the examinor may proceed to examination of witnesses in perpetual memory; 
Commission to examine in perpe●uall memory.  if the plaintant have served a Subpoena upon the defendant, to give him notice to examine likewise. An. 5. and 6. P. and M. fol. 32.  
Forasmuch as the plaint hath taken oath in this court, that there are sundry witnesses contained in a Schedule exhibited in this court, which he desireth to have examined ●n perpetual memory, so impotent and sick, that they are not able to travel up to be examined in court, without danger of their lives; therefore a Commission is awarded to Sir Humphrey B●adburne Knight, to examine the same witnesses in perpetual memory, Bagshawe plaintant, defendant. An 5. and 6. P. and M. fol. 22.  
Robin's plaintant, 
Consilia.  Foster defendant, a Commission is granted to examine witnesses in the country, being impotent, in perpetual memory. Anno 5. and 6. P. and M. fol. 26.  
The plaintant is adjudged to pay to the defendant costs three pound, 
Costs for a witness served to testify before the Major of London.  for that he was served to appear before the Lord Mayor of London to testify in a matter depending before the said Lord Mayor, between the plaintant, and one John Gresham, and others without any precept directed from the Lord Mayor, unto the said defendant to appear; row and Alice plaintants, Thomas Guybone defendant. Anno 5. and 6. P. and M. fol. 24.  
John Manlye hath taken oath, 
Publication of witnesses to be used at a Court Baron.  the deposition of witnesses examined on the behalf of the plaintant, and remaining in this Court, are to be given in evidence at a Court Baron holden at Potton in the County of Bedford on M●nday next; therefore publication is granted, William Manly clerk plaintant, Thomas Simcote defendant. Anno 5. and 6. Phil. and Mary. fol. 24.  

Injunction to stay proceedings in Judgement, or execution.  An injunction is awarded against the defendant, to stay his proceedings in the sheriff's Court of London, or elsewhere upon debt of 100 l. not to proceed to trial, judgement, or to execution, if judgement be given. John Ayland plaintiff, Francis Bacon defendant. Anno 5. and 6. P. and M. fol. 29.  

Fem●sole takes out a Subpoena, and then marryeth, and serveth it, she and her husband pay costs.  Forasmuch as the plaintant served process upon the defendant, by the name of Magaret Hastings, and at that instant was married to William Brown; and also for want of a Bill, therefore the said William Brown, and Margaret are adjudged to pay to the defendant 20 s. costs, Margaret Hastings plaintant, Nicholas jugs defendant. Anno 5. and 6. P. and M. fol. 30.  

Commission to take the defendants answer upon a languidus returned.  Forasmuch as the sheriff of Den●igb hath returned a Languidus in prison, therefore a Commission is awarded to Richard Griffeths and others, to take the answer of the defendant, John ap Thomas plaintant, Engharard Hoell widow defendant. An. 5. and. 6. P. and M. fol. 33.  

Injunction to put the defendant in such possession as he had at the time of the Bill exhibited.  Forasmuch as the defendant was in possession of the lands at the time of the Bill exhibited; and the plaintant hath sithence entered, therefore an injunction is granted to the defendant against the plaintiff, to avoid the possession. William Hawkes, and Ie●nit his wife plaintants, John Champion and others defendants. An. 5. and 6. P. and M. fol. 35.  

Jurisdiction of Wales rejected.  It is ordered the plaintant shall between this and Friday next, bring into this Court a certificate from the officers of the Queen's house, or otherwise; whereby this Court may credibly understand, that his attendance in Court is necessary and that he cannot conveniently be absent, or if he cannot so do, than the matter is remitted to the determination of the Commissioners in the marches of Wales. Philip Mannering plaintant, Henry Smallwood, and Alice defendants. Anno 1. Eliz. fol. 51.  
Mannering plaintant, Smallwood and Alice defendants for want of a certificate, 
Consil.  that the plaintants attendance in Court is necessary, the cause is dismissed into the marches of Wales. Anno 1. Eliz. fol. 62.  
The plaintants husband was bound in a Statute of 160 l. to pay 160 l. and after by Indenture the defendant did grant unto the plaintants husband, 
Injunction to stay suit of execution of land which he agreed not to do.  that if he failed in the payment of the said 160 l. the same should be levied of certain lands then the said plaintants husbands lands called Stirbeck, and some other lands specially named lying in Hawthorne in the County of Lincoln; the husband died, and the defendant sued execution as well of other lands in the occupation of the plaintants late husband, as of the said lands mentioned in the Indenture. And Sir Nicholas Bacon, Lord Keeper of the great seal of England, granted an injunction against the defendant immediately to remove from the possession of all the other lands, except of those only contained in the Indenture; and that he should quietly suffer the plaintant to enjoy the same, Margaret Pulvertost widow plaintant, and Gilbert Pulvertost defendant. Anno 1. Eliz. fol. 51.  
An Injunction was granted to the plaintant, upon the surmises of his Bill, 
Injunction with a clause (si ita sit)  with this clause (si ita sit) that the plaintant be in possession by good conveyance in Law as he allegeth, Nota it was then usual to grant Injunctions upon surmises with a proviso (si ita sit) Fodringham Christopherus plaintant, Richard Chomeley defendant. Anno 1. Eliz. fol. 67.  

A guardian admitted to the defendant infant.  Forasmuch as the defendant is under age, and by inspection not above the age of fifteen years; therefore George Wyatt is by this Court named, and appointed guardian to the defendant, Hugh Langley plaintant, and Philip Mark defendant. Anno 1. Eliz. fol. 73.  

A Commission to put the plaintant in possession, Injunction being dissolved or disobeyed▪ The defendant enjoined in open Court not to proceed in his action.  A Commission is awarded to the sheriff of Nottingham▪ and ●erby, to put the plaintant in possession of certain lands, for which he formerly had an Injunction against the defendants, which they have disobeyed, William Boles plaintant, Richard Walley and Alice defendants. Anno 1. Eliz. fol. 84.  
The defendant is enjoined in open court upon pain of 200 l. not to proceed any further in an action, upon the case by him commenced in the King's Bench against the plaintant, nor that he procure the Jury to be sworn in the issue, but only to record their appearance until to morrow, at which time further Order shall be taken by the Court, George rich plaintant, Edmond Foard defendant. Anno 1. Eliz. fol. 88  

Attachment against the defe●dant, and a subpoena against one supposed to beat the server.  Upon information the defendant disobeyed a writ of subpoena brought to be served against her; and that they which should have served the said writ, were beaten and wounded, therefore an Attachment was granted against the defendant; and a subpoena against Edmond Pirton returned immediate, William Rove, and Rose his wife plaintants, Agnes west widow defendant. Anno 1. Eliz. fol. 90. and 97.  
Where the said Edward pike hath of long time been, 
The plaintant was in execution at the suit of the King, and being no just cause therefore, he was delivered by supersedeas.  a●d yet is in execution upon a Statute, at the suit of the late King Edward the 6. Forasmuch as upon the examination of the matter befo●e the Lord Keeper of the Great seal of England in open Court, it manifestly appeareth that there was not just cause, why the said pike should remain in execution, as G●lbert Gerrard, and Rosewell Esquire, the Queen's majesty's Attorney, and solicitor general being present did confess and agree; It is therefore now ordered, that a Writ of supersedeas be directed to the Warden of the Fleet, in whose custody the said pike now is, commanding him by the same forthwith upon the receipt thereof, to deliver out of prison the body of the said plaintant, provided always before his deliverance he be bound to her Majesty by Recognizance in 100 l. not only to make his further appearance to answer her highness any thing hereafter shall happen to be laid to his charge concerning the said execution; but also to stand to, and obey all such order and determination as the said Lord Keeper of the Great seal and this court shall hereafter take in the matter in variance between him and the said grant, Edward pike plaintant, Robert grant defendant. Anno 1. Eliz. fol. 166.  
Pakine the Husband only appeared, 
The Husband and wife defendants, he only appears and demurs, Attachment against both.  and put in a demurrer in both their names without oath of impotency, or otherwise for non appearance of Joan his wife; whereupon an Attachment is awarded against the defendants, Thomas Spicer and Katherine his wise plaintants, John Pakine and Ioan● his wife defendants. An. 1. Eliz. fol. 170.  

A demurrer put in, and the defendant appeared not in person, a Subpoena to make direct answer. Attorney at Law enjoined not to proceed or call for Judgement.  Thomas Hodge plaintant, William Smith defendant; the defendant demurred by his counsel not appearing in person, therefore a Subpoena was awarded against him to make a direct answer. An. 1. Eliz. fol. 230.  
John Jackson Attorney for the defendant at the common Law is in open Court enjoined, that neither he, nor any other by his means do further proceed in an action of tresp. commenced against the plaint. and depending at the common law, nor call for Judgement, until further order shall be therein taken by the Lord Keeper of the great seal of England, and high Court of Chancery, John Sedgewick and Alice plaintants, Will. Redman defendant. An. 1. Eliz. fol. 212.  

An Injunction granted for not appearing, and to stay proceedings at the common Law.  The plaintant served the defendant with a Subpoena to appear in Chancery, whereof he made oath, and because the defendant did not appear, and Injunction was awarded against the defendant, his councillors and attorneys, upon pain of 200 l. not to proceed in Judgement in an action of debt of 40 l. in the common Pleas against the defendant. An. 1. Eliz. fol 213. Thomas Knot plaintant, Thomas Jackson defendant.  

A Commission to examine witnesses upon oath of impotency.  David Eyre was served with a Subpoena ad testificandum for the plaintant in a cause depending in this Court, and Thomas Eyre made oath, that the said David Eyre was, at the serving of the said Subpoena upon him, and yet is, so sick, that he is not able to travel hither to testify; therefore a Commission is granted to such Commissioners as the plaintant will nominate to examine him, John Wade plaintanr, Gwye and Alice defendant. An. 1. Eliz. fol. 240.  
An Attachment was awarded against the defendant for his not appearance upon oath, 
A defendant appearing gratis, an Attachment being out was committed.  he was served with a Subpoena, who now appeared gratis, and would have excused himself, that he had no notice of the Subpoena, but he that served the Subpoena, deposed he did hang the same upon the defendants door, and within half an hour after, saw him abroad with a writ in his hand, which he supposed to be the Subpoena; therefore he is committed to the Prison of the Fleet, Bernard Richers plaintant, Tho. Stilman defendant. An. 1. Eliz. fo. 249.  
The defendant was served with a Subpoena the day of the return; 
The defendant served with a Subpoena the day of the return.  and for his not appearance an Attachment was awarded against him, and upon oath, that he was served sixscore miles of, so as he could by no possibility appear, therefore a Commission is awarded to take their Answers in the country, paying the plaintant 6 s. 8 p, for his costs; Henry George plaintant, Henry Bolington, and Joan Deane defendants, fol. 255.  
An Injunction is granted to discharge an execution by Elegit taken by the defendant out of this Court, 
An Injunction to discharge an execution for that the defendant being served did not appear.  for that he being served with a Subpoena did not appear, William Hobby plaintant, Francis Kemp defendant. Anno 1. Eliz. 274.  
The plaintant served one Rolfe with a Subpoena ad testificandum, and after he was served before he could be examined, 
A witness served to testify, pressed for a soldier, Attachment is stayed.  Rolfe was pressed for a soldier; upon oath made hereof Attachment was stayed, Richard Humble and Anne his wife plaintants, William Malbe defendant. Anno Eliz. fol. 3.  

Injunction (si ita sit) to stay Judgement and Execution.  The plaintant sets forth by his Bill that where there was a suit depending in the duchy court, between the defendant and Christopher Aschugh his brother for certain Lands; It was agreed, and the plaintant was bound to the defendat in 100 l. that the said Christopher should become bound by Obligation in the sum of 100 l. the tenth day of June following; and should then also make unto him a release; and the defendant was also bound by Obligation in 50 l. to pay the said Christopher a sum of money the 9 of June in the Parish Church of Da●e. And because both the days of performance of the conditions of the said several Obligations were so near together, therefore it was agreed, that when the defendant paid his money, the said Christopher should make his Bond and release; and showeth that the 9 day of June, the defendant came not himself, but sent his servant to pay the money; and Christopher was there ready to make the bond & release to the defendant, and offered to deliver the same to the defendants servants, but they refused to accept thereof; and afterward the said Christopher offered the same to the defendant, but he likewise refused to receive the same; and yet puts the plaintants bond of 100 l. in suit in the King's Bench; hereupon an Injunction is granted with a clause (si ita sit) to stay all further prosecution of any action, in any the Queen's Courts at the common law, or else where, 
Injunction to stay proceedings before action brought.  upon the bond of 100 l. against the plaintant; and also the taking of any Nisi prius, or Judgement, or execution upon Judgement, if Judgement be already given upon the same Bond, until the defendant have made a perfect Answer, and the Court take other order, Aschughe plaintant, Skelton defendant. Anno 2. Eliz. fol. 9 and 12.  
A Commission is awarded to Thomas Ward, 
A Commission to the examinor of the Court to examine w●tnesses.  one of the examinors of this court of Chance●y, for the examining of witnesses in perpetual memory, in which Commission the defendants may examine if they think good, Barentine plaintant, Harbert and Alice defendants. Anno 2. Eliz. fol. 46.  
The defendant was bound by Recognizance to the chamberlain of London for payment of divers sums of money for Orphan● portions; 
A Subpoena to appear before the Major and Aldermen of London for an orphan's Portion.  and departed out of the City, and dwelled in Oxford shire, leaving no Estate behind him in the City, so as the process of the City cannot take hold; therefore a subpoena is granted against him upon pain of 100 l. to appear before the Major, and Aldermen, and to stand to their Order: Major and Aldermen of London plaintants, John Dormer defendant. Anno 2. Eliz. fol. 5. Afterwards fol. 67. ordered, if he do not appear, an Attachment is granted.  
Sr Humphrey Brown Knight one of the Judges of the common Pleas is plaintant against the defendant; 
An Order for bringing Evidences into Court.  and an order is made for bringing in and delivery into the court of certain evidences, Sir Humphrey Browne Knight plaintant, Thomas Smith defendant. Anno 2. Eliz. fol. 53.  
Nota that dismissions were entered at large, 
Decrees and dismissions entered at large,  Anno. 2. Eliz. fol. 55. and fol. 56. A decree was entered at large in the Registers book; which be the first I find entered at large in that kind, and so after divers others. 
A Writ of privilege granted to a suitor.   
The defendant appeared upon a Subpaena, and answered the plaintants Bill; and after attended upon the Lord Keeper, for a matter in controversy between him and one Ellen W●yne, and in the mean time being arrested in London, at the suit of one Anthony Brisket, contrary to the order and privilege of this court; it is therefore ordered, that a Subpoena of privilege be granted to the Major and sheriffs of London for the discharge of the said arrest, Rich. Dutton plaint. Will. Alersey defend. An. 2. Eliz. f. 58.  
Forasmuch as Thomas Harbert sheriff of Monmouthshire, 
The sheriff amersed 5 l. for return non est inventus, upon an Attachment having been in presence of the party.  hath returned non est inventus upon an Attachment awarded against Roger Williams who is a Justice of Peace, and as is informed, was at the last quarter Sessions holden for the same County; therefore the sheriff is amercied five pound, Sir Thomas Stradling Knight plaintant, William Earl of Pembroke defendant. An. 2. Eliz. fol. 84.  

The Attorney ordered to stay proceedings, the defendant proceedeth; Injunction to bring in the money levied, and to answer the contempt.  The Defendants Attorney at Law, was enjoined to stay his proceedings at Law against the plaintant in an action of trespass. And notwithstanding this, the defendant himself proceeded and got Judgement, and took out alevari facias against the plaintant, and an Injunction was granted against the defendant himself, to stay the execution of the same Writ of levari facias, or if he had executed it, and levied the damage and costs, that then he should bring all the money thereupon received into the Court of Chancery in Crastina Ascensionis Domini, to be disposed of as the Court shall think fit, and yet notwithstanding himself should be then present in Court to answer the contempt, John Segewick plaintant, William Redman defend. An. 2. Eliz. fol. 92.  
The Defendant was in possession at the time of the Bill exhibited and the plaintant entered upon him after the Bill, 
Injunction for the defendants possession.  therefore an Injunction for the defendant against the plaintant, William Dowche plaintant, John Perrot. defendant. An. 2. Eliz. fol. 99  
An Injunction was granted against the defend. upon pain of 100 l. that he should not prosecute an Action of debt of 5 l. or any writ of Nisi prius, 
Injunction to stay all procee●ings at common Law.  Jury, Judgement, or execution of Judgement, if Judgement be given before the Justices of either Bench, until special licence be given by this Court, 

The defen. examined upon Interrogatories, and if the▪ matter appear not for the plaintant, than he to pay costs, and the cause dismissed.  
Defendant dismissed with costs, the plaintant not appearing at the hearing.  
Decreed that the defendant shall acknowledge satisfaction of a Judgement.   Thomas Stanebridge plaintant, Thomas Hales defendant. An. 1. Eliz. fol. 103.  
Forasmuch as it is informed the trial of the truth of the matter resteth altogether in the Declaration of the defendant; it is therefore ordered that the defendant shall be examined upon interrogatories to be ministered by the plaintant, upon whose examination if the matter fall not out for the plaintant, than the plaintaint to pay the defendant costs, and the cause to be dismissed, John Fyfield plaintant, John Vinore and Alice defendants. An. 2. Eliz. fol. 122.  
The plaintant at the day appointed for hearing appeared not, therefore the defendant is dismissed with costs, Richard Fincham plaintant, William Backwood defendant. An. 2. Eliz. f. 125.  
The defendant notwithstanding an Injunction delivered unto him, got a Judgement upon an action of debt in the common Pleas; and decreed upon the hearing of the cause that the defendant shall within 14. days' next after the decree resort to the Record in the common Pleas, whereupon the said judgement is entered, and there to confess of record a full satisfaction of the said Judgement. Nota the action of debt in the common Pleas was for not delivering to the defendant a Statute, which by the depositions of witnesses, appeared to be delivered, and by the clerk of the Staples cerficate, the record was discharged, Nicholas Colverwell plaintant, Ralph Bongey defendant. Anno 2. Eliz. fol. 126.  

A dec●ce for a fould-cou●se or common of pasture,  It is decreed the plaintant his heirs and assigns, and his or their farmers of the said farm or Tenement called Stubles, shall from henceforth hold and enjoy as appendent to the same farm or Tenement called Stubles, all the same Fould course, or common of pasture, for the full number of 300 sheep within the said fields of Wentforth alias Wentford, Basill Fielding and Alice plaintants, Thomas Wren defendant. Anno 2. Eliz. fol. 137. and 155.  

Two defendants contend for a Tenement the Tenant paying his Re●t into the Cha●cery i● discharged.  The plaintant exhibited his Bill thereby showing that there is question and controversy between two defendants, for the reversion of the manor of Aldwell, which he holdeth for years by Lease, made thereof to him by one Anthony Marmyon, and that he doth not know to which of them the rent and reversion is due, and therefore desireth, that upon payment of his rent into this court according to the Covenants and articles of his lease he may be discharged, & saved harmless from molestation, suit, and trouble for the same rents by the defendants or either of them; wherefore it is ordered an Injunction be awarded against the defendants, not to molest the plaintant for his said rent during the said contention, so as the plaintant pay his rent into this Court, John Alnete plaintant, Christopher Bettam, and Edmond Marmyon defendants. Anno 2. Eliz. fol. 141.  
Upon hearing of the matter, 
Setting down depo●itions in a wrong ●en●e suppressed, and the witnesses examined again.  three witnesses examined by Commission did in open court depose, that the commissioners have set down their depositions otherwise then they did depose; therefore it is ordered those depositions shall be void, and the same witnesses shall be examined again, John Peacock plaintant, Edward colens defendant. Anno 2. Eliz. fol. 146.  
For that the Court was credibly informed, 

I●junction for the plaintants possession as at the time of the Bill, and three yea●es before.  
An Award made by Justices of Assize ordered to be performed.   the plaintant was in peaceable possession at the time of the Bill exhibited, and three years before, an Injunction is awarded, John Sapcote plaintant, William Newport defendant. Anno 2. Eliz. fol. 173.  
The suit was concerning the custom of Tenant right for Lands in Dent in the County of York; and for that both parties confessed, that Justice Dallison, and sergeant rastal Justices of Assizes in that County had made an award in the cause between the parties, therefore it was decreed that both parties should perform it; and an Injunction is granted to either party against the other for that purpose; and where an Injunction was the last term granted against the defendant, for stay of execution upon a Judgement in the common Pleas; it is ordered the said Injunction shall stand in force, 
Injunction to stay suits I● the plaintant bring 223 l ●●to court; execution to st●y for the rest.  and the defendant shall obey the same, and the defendant shall answer the plaintants Bill, William Burtet, and Alice plaintants, William Redman defendant. An. 2. Eliz. fol. 174.  
It is ordere● the Injunction formerly granted the defendant, for stay of his action in the King's Bench be dissolved, and the defendant to be at liberty, to take Judgement upon his action of bebt of 500 l. Provided if the plaintant do bring into court on Monday next, 223 l. then execution for the rest is to be suspended until this Court take other order; Thomas Stanebridge plaintant, Thomas Hales defendant. An. 2. Eliz. fol. 176.  

Witnesses examined by commission before answer, in regard they were old. The plaintant after Bill, answer, and replication distraineth for which an Injunction is granted.  The plaintant exhibited his bill in this Court, and before the defendant answered, had a Commission to examine his witnesses, upon pretence the witnesses were old and in danger to die; Sir Radnus Bagnold, Miles plaintant, green defendant. An. 2. Eliz. fol. 178.  
The defendant first exhibited her Bill in this Court for land conveyed to her in jointure, and evidences of the same land, and after did molest the same plaintant by distresses, after answer and replication put into this Court, therefore an Injunction is granted; Richard Kidnere plaintant, Agnes Harrison defendant. An. 2. Eliz. fol. 173.  
The plaintant setteth forth, that his Father and he are jointly seized for life of the Lordship of Barrington in the County Palatine of Durham; 
Certiorare to remove the suit from the Chancery of Durham into this Court.  and that the defendant sues his Father for those lands before the Chancellor of Durham, and for that it was informed that the plaintant dwelleth in Ratcliff, in the County of Middlesex; and that the plaintants Father is an old diseased man, and not able to follow his suit; therefore a Certiorare is granted, directed to the Chancellor of Durham, to certify into this Court the whole matter depending before him, William Hilton and Alice plaintants, R●●●rt Lawson, and William Lawson defendants. Anno 2. Eliz. fol. 200 l.  
The plaintant being son and heir to his Father, 
Injunction to stay judgement upon certificate of the Justices of Assizes.  who died intestate, entered into the house whereof his Father died seized in Fee, and possessed himself of certain small parcels of goods, to the value of 5 s. of his father's goods who died intestate; and the defendant having an Obligation of 400 l. made by the Father unto him for performing the covenants of an Indenture, sued the son as Executor to his Father (who died intestate) and upon the testimony of some witnesses, that the plaintant had sold or given away the said small parcels of goods, a verdict passed for the defendant for the whole 400 l. which appeared by Certificate of the Justices of Assizes; and thereupon an Injunction was granted to stay Judgement, and all other actions to be commenced by the defendant against the plaintant upon the same Obligation, until the matter be heard, or otherwise determined by the Court; Edward North plaintant, George Ke●ewich defendant. Anno 2. Eliz. fol. 237.  
It is ordered, 
Injunction dissolved if cause be not showed.  if the defendant show not cause on Friday next, than the Injunction before granted for the defendant against the plaintant, to stay his Execution in the King's Bench, shall be dissolved, or else the money for which the plaintant lieth in Execution at the defendants suit shall remain in his hands, in part of payment of such money as is due unto him by the defendant; and afterwards upon Friday because the Lord Keeper did not sit in Court to hear such cause a● was offered, further day was given, and afterwards the plaintant was left at liberty to call for Execution upon the Judgement, because the defendant showed no cause, Thomas Hales plaintant, Thomas Stanebridge defendant. Anno 2. Eliz. fol. 244.  

Injunction to stay the defendants suit at Law, because he began in Chancery.  The defendant exhibited his Bill into the Chancery, for certain Lands, and afterwards sued the plaintant in the Common Pleas for the same Lands, before the matter was determined in the Chancery; therefore an Injunction was awarded against the said Body, to stay his proceedings in the common Pleas; Robert Bill, and Thomas Gifford plaintants, John Body defendant. Anno 2. Eliz. fol. 263.  

The plaintant being in execution upon a Statute, was delivered upon Recognizance.  The undersheriff of Middlesex brought into this Court the body of the plaintant by commandment of the Lord Keeper, in execution upon a Writ of extent of 300 l. together with the said Writ, at the suit of Sir Edmund Maliverer Knight; and by order of Court he was taken from the sheriff of Middlesex, and delivered in execution to the warden of the Fleet for the 300 l. and because the defendants showed no good cause to the contrary upon a day given them; therefore it was ordered that upon Recognizance by the plaintant and good sureties, to stand to the order of the Court, or else to yield his body prisoner to the Fleet in execution, and there to remain until the defendant be satisfied; he the plaintant shall have liberty to go at large; and that the defendant shall not sue for any manner of Execution, by force of the said execution; Robert Rosse plaintant, Christopher Lassels, and Alice defendants. Anno 3. Eliz. fol. 90.  
The plaintant had Judgement in the King's Bench against the defendant upon a Bond of 200 l. and another Judgement for 300 l upon an action of debt of arrearages of account in the King's Bench; 
The plaintant had execution for 300 l. and ordered to take execution for 100 l. only.  and ordered they may proceed with execution upon the Bond of 200 l. and also to take execution of 100 l. parcel of the 300 l. provided always, and it is ordered the plaintant shall not in any wise proceed, nor take execution of the 200 l. residue of the 300 l recovered upon the account, without special licence of the Court, John Brooke, and Katherine his wife plaintants, Thomas Apprice defendant. Anno 3. Eliz. fol. 233.  
The plaintant showeth by his Bill, 
A de vilaica removenda, for part of a personage and an Injunction for the house.  that the personage of Thekelye was holden by force, whereby the plaintant could not be inducted, whereupon a Writ of de vilaica removenda was awarded out of this Court, and thereby the plaintant put in possession by the sheriff: nevertheless the defendant keepeth the possession of the said house appertaining to the personage; and for that the plaintant is bound to pay his first fruits to the Queen's Majesty, therefore an Injunction is granted against him; Thomas Bolt Clerk plaintant, Sir George Blunt, Miles and Alice defendants. An. 3. Eliz. fol. 262.  
The plaintant made Title to the lands by a Lease paroll made by the defendant unto him, 
Injunction for the corn sowed upon a lease paroll.  whereupon he did sow the ground with corn, and the defendant entered upon him; therefore the plaintant had an Injunction for the corn; Thomas Harrison plaintant, Richard Chomeley, Miles and Alice defendants. 
Decree for 3 s. 4 d. rent service and suit of Court.  An. 3. Eliz. for three hundred pound.  
It is decreed, the descendant and his heirs shall from time to time yearly pay to the plaintant and his heirs Lords of the manor of Knebworth, the rent of 3 s. 4 d. for the piece of ground called the Haw●e, together with the arrearages thereof since the 6. of Ed. the 6: And shall from henceforth do suit and service to the Court of the plaintant and his Heirs, owners of the said manor; and the plaintant and his heirs shall have and receive the fines and amercyaments presentable in the Court of the manor for any trespass, or lack of service done by the Tenants of the said Hawte; Richard Litton plaintant, John Couper defendant. An. 6. Eliz fol. 145.  

The plaintant marrie● before answer, and no advantage taken, therefore no Bill of revivor.  It is Ordered a Subpoena be awarded against the defendant to be examined upon interrogatories, whether before his Answer he had knowledge that the plaintant was married, and would take no advantage of the same marriage in his Answer, than the matter to proceed without Bill of revivor; Christian Fairfield plaintant, Robert Greenfield defendant. An. 6. Eliz. fol. 150.  

Advowson passeth not by livery, within view of the Church without deed, there being incumbent.  The question of the case drawn was, whether the advowson in question did pass by the livery made in the view of the Church without deed or not (the Church being full of an incumbent) and resolved by the Lord chief Justice of the King's Bench, and Justice Manwood, to whom the same was referred, that the Advowson could not pass by that livery; Pannell plaintant, Hodgson alias Hodson defendant. Anno 18. and 19 Eliz.  
A Subpoena Ducens tecum was awarded against the defendant to bring in certain deeds, and to show cause why the same should not be delivered to the plaintant; 
A ducens tecum to bring in deeds, but ordered to be delivered to the usher of the Court not to the plaintant.  the defendant by his council, showed that the mortgage was upon condition for payment of 40 l. at a day; and before the day, the Morgager sold the same over to the plaintant, and delivered the Estate by livery and seizin, whereby the condition was extinct; and yet the defendant offered to give for the same 100 l. It is ordered that the evidences be delivered to the Usher of the Court, but not to the plaintant, without special order; Wilforde plaintant, Denny defendant. Anno 18. and 19 Eliz.  
The plaintant exhibited his Bill to be releived for a promise, 
The defendant took a Commission and returned a demurrer, ordered to answer.  supposed to be made by the Lady Lutterell for a Lease of certain lands; and for stopping certain ways; the defendant had a Commission to take her answer, and demmurred for that the plaintant may have his remedy by Law, which cause seems insufficient, and not to be allowed of; and the rather for that the defendants having a Commission to take their answers in the Co●ntry did demur; therefore a Subpoena is awarded against them to make a better answer; Stukly plaintant, the Lady Lutterell & Aliis defendants. An. 18. and 19 Eliz.  
Stephen Smith made oath that he was present, 
Attachment for not performing a decree.  when one John Maddock made these persons hereafter named, privy to a Writ of execution, upon a decree made for the plaintant, viz. John Ward, John Priddo●k, Henry Pinly, Lawrence Banks, John Kiddermaster, and William Tuttle; And the said maddock's left the same Writ with one Thomas Smith, from whom the defendant confesseth the receipt of the said Writ, which said parties have not performed the said decree; therefore an attachment is awarded against them; Leake plaintant, Marrow defendant, An. 18. and 19 Eliz.  

The defendants executors to their Father being guardian in Socage to the plaintant, are ordered to answer for profits taken by him.  The Bill is against the defendants as Executors to their Father, who in his life time being guardian in Soccage to the plaintant in right of the plaintants mother whom he married, for and concerning profits by him taken of the lands of the plaintant during his minority, for fines of Leases, Woodsales, and wilful decay of houses, and doth a●er assets sufficient to become to their hands; the defendants demur, because not privy, nor chargeable by Law, but ordered to answer; Burgh plaintant, Wentworth defendant Anno 18. and 19 Eliz.  
Thomas Staple●on made oath, that he delivered a Subpoena to the defendants wife, 
Subpoena delivered to the defendants wife in his house sufficient.  being in the defendants house who hath not appeared, therefore an Attachment is awarded; Barlow plaintant, Baker defendant. Anno 18. and 19 Eliz.  
It is decreed by Assent, that the defendant being Lord of the manor of Alderswasley, 
A years value allowed upon surrender of Copy hold Land.  shall have for a fine of a Coppyholder upon a Surrender, one whole years value, as the same is reasonable worth, according to the usual rates of Lands in that country, Blackwall and Alice Tenants of the manor of Alderswasley plaintants, 
The plaintant sueth for tokens he delivered to the defendant as a suitor in marriage, and obtaineth them.  Low defendant. An. 18. and 19 Eliz.  
The defendant confesseth by her answer, the having of a Tablet or Pomander in Gold demanded by the plaintant; and as to the 20 l. likewise demanded by the plaintant, by him left with the said d●fendant as a token, at such time as he was a suitor for marriage to the defendant; she confesseth the same was left with her against her will, and she delivered the same over unto one Sydole her brother, who was a dealer with her on the plaintants behalf, to the end he should deliver the same over to the plaintant. It is ordered the Tablet be forthwith delivered by the defendant to the plaintant, which was done presently in Court; and as to the 20 l. the plaintant shall call in the said Sidole by process; Young plaintant, Burrell and Elizabeth uxor ejus defendants. Anno 18 and 19 Eliz.  
The plaintant by his Bill showeth, 
A Bill against a Copy of Court Roll indirectly entered, the defendants demur, but ordered to answer.  that the Copy of the Court ●oll whereby the defendants pretend title, was indirectly entered by the steward's clerk of the manor; the defendants demur for that the plaintants shall not be received by surmise to object against, or impeach the said Court rolls; and allegeth further the Copy was found by the homage to be true, which causes seem to this Court very insufficient: It is therefore ordered, if cause be not showed before Wednesday for maintenance of the demurrer, than a Subpoena is awarded against the defendants to make answer; Holden and Holden plaintants, clerk and Alice defendants. Anno 18. and 19 Eliz.  
The plaintaint hath exhibited his Bill of Revivor against two, 
Variance in a Bill of Revivor from the first bill dissolved. Jurisdiction of Oxford rejected, one of the defendants, being not resident there▪  where the first Bill was against three; and the personage in question is named by another name then in the former Bill; therefore ordered, if cause be not showed by a day, the defendant shall be discharged, Heines plaintant, William Day Deane of Windsor, and Hatchines defendants. An. 18. and 19 Eliz.  
William Lowgher appeared and answered, but Rob. Lowgher claimed the privilege of the university of Oxf. but because the said Doct. Lowgher was joined with William Lowgher in the bill who was not subject to the same Jurisdiction; therefore ordered process to be awarded against him to show other cause why he should not answer; White plaintant; Rob. Lowgher Doctor of Divinity, and Will. Lowgher defend. An. 18. & 19 Eliz.  

Prosecuting contempt after a general pardon to pay costs.  The defendant is adjudged to pay to the plaintants 40 s. costs for suing out process of contempt against him, being discharged by her majesty's general pardon; Jones and Paris plaintant, Jones defend. An. 18. and 19 Eliz. There is more precedents of the like case.  

Subpoena hanged on the door of an house, where the defendant resorted.  Walter Jeames made oath, that he hanged a Subpoena on the door of one Stacy Barry widow; and that the defendant used to resort thither as he heard reported before that time, who hath not appeared; therefore an attachment was awarded; Jeames plaintant, Morgan defendant. An. 18. and 19 Eliz.  

Witnesses examined by fraud suppressed and the practizers to be proceeded against by Bill.  The plaintant exhibited his Bill against the defendant, by practice of purpose to examine witnesses, and did examine witness accordingly, whereas the cause chiefly concerned one Thomas Staunton, and Will. Bays; and therefore ordered that the depositions should be suppressed, and that the said Staunton and bail shall exhibit a Bill into this Court, against all such as they think to be parties to the fraudulent abusing of this Court; Walford plaintant, Walford defendant. An. 19 Eliz.  

Jurisdiction of Lancaster allowed.  It is informed that the parties dwell in the County Palatine of Lancaster, and the matter of the Bill is for a supposed trespass, in entering upon the defendants lands, and consuming his grass and hay upon the same, which this Court doth not use to hold Plea of; therefore ordered if it be true, than the cause is dismissed, and the plaintant to take his remedy in the County Palatine of Lancaster; Hame●heson plaintant, Tounstall, Covell, Rigmaden, and Baldwin defendants. An. 19 Eliz.  
The plaintants suit is to have an award made (by Master Tilbey▪ 
Suit to have the defendant perform an award.  and Mr. Chambers Arbitrators indifferently chosen) performed, and both parties were bound each to other for the performance of the award; and one part of the award was, that if any question did grow between the parties, the arbitrators should end it; It is ordered a Subpoena to show cause; Launcellot Barker plaintant, Peter Barker defend. An. 19 Eliz.  
The plaintant exhibiteth a Bill of complaint against Luce and Maulde two of the defendants; 
Two defendants, the one taketh a husband, the plaintant puts in a Bill of revivor against husband and wife, and they discharged with cost●▪  and after Commission Maulde marrieth John Bourne the other defendant, and the plaintant then exhibited a Bill of Revivor against the defendants, which needeth not as it seemeth to this Court; therefore ordered, if there be no cause of revivor, that Bourne and his wife who are called up by process to answer the same Bill are licenced to depart without answer to the Bill of revivor; and the plaintant to pay him such costs as this Court shall award; Jackson, and Vxor plaintants, 
The plaintant o●dered not to proceed, till he make one a party, whom the defendant prayeth in aid.  Luce Smith, John Bourne, and Maulde his wife defendants. An. 19 Eliz.  
The plaintant by his Bill pretends title to certain lands, and Freehold Lands, which lands the defend▪ claims to hold by Copy of court Roll to him and his heirs of one Thomas Stedolph Esq. Lord of the manor of Milcklam in the county of Surrey; whereof the said lands are parcel; and prayed in aid of the said Stedolph; nevertheless the plaintant served the said Arnold with process to rejoin without calling the said Stidolph thereunto, which this Court thinks not meet; therefore ordered the plaintant shall no further proceed against the defendant, before he have called the said Stidolph in by process; Lucas plaintant, Arnold defendant. Anno 19 Eliz.  

Injunction left at the defendants house, and disobeyed, an Attachment.  The said Holgate maketh oath, he left an injunction in the house of the defendant; and that the defendant Elizabeth White, Thomas Crimore, and Robert Watkins have disobeyed the same; therefore an Attachment is awarded against them; Holgate, and Vxor ejus planitants, Grantham defendant. An. 19 Eliz.  

A Commission of rebellion, the bond made to the Commissioners.  The defendant this day made his personal appearance upon a Commission of Rebellion, for saving his bond made to the Commissioners in that behalf; Brown plaintant, Derby defendant Anno 19 Eliz.  
Commonly it is used to take the Bonds in the name of the Lord Chancellor, 
The bond made to the Lord Chancellor, &c.  Lord Keeper of the Great seal of England, the Master of the rolls, or to any two of the Masters of the Chancery, all which are good and allowable by the practice of the Court of Chancery.  

Witnesses examined after publication, ad informandum conscientiam judicis.  Upon affidavit made by the plaintant, that since publication granted he had divers witnesses setting down their names, come to his knowledge, which formerly he had not knowledge of, therefore ordered he may examine them before the examinor, ad informandum conscientiam judicis.  
The plaintant coming to the defendant showed him a Writ, 
Costs for want of a Bill, showing the Subpoena, but delivering no note of the d●y of appearance, and attachment for such serving.  but did delive● him neither note of the day of his appearance, neither did the same appear unto him by the Sched●le, label, or any other paper, and the defendant appearing found no Bill: It is ordered the defendant be allowed good costs, and an At●achment against the plaintant for such serving; Brightman plaintant, Powtrell defendant. Anno 19 Eliz.  
The plaintant called the de●endant dwelling in the County Palatine of Ch●●ter by process to an●●er a Bill for lands lyi●g in the said County Palatine contrary to a general order lately certified into this Court by her majesty's appointment, 
Jurisdiction of Chester allowed.  touching the said County Palatine according to the said general order; Willoughby plaintant, Brearton defendant. An. 19 Eliz.  
The plaintants Bill is that he leassed a house to the defendant; 
A Covenant to repair a house, the defendant would not suffer it and demurred, but ordered to answer.  and did covenant to build and repair it before a day, which being at hand, and showed that he had prepared Timber and workmen to perform the same, but the defendant as well to have him break his Covenant, as to free himself from his Covenant to keep it in reparations, did interrupt and threaten the workmen, whereby they durst not proceed to repair, and so the houses are decayed; and the plaintant hath no remedy to force the defendant to suffer him to repair; the defendant demurred upon the Bill alleging the plaintant hath sufficient remedy by Law, which kind of answer this Court alloweth not; therefore a Subpoena is awarded against the defendant to answer; Wood plaintant, Tirrell defendant. Anno 19 Eliz.  

Jurisdiction of Chester allowed.  Where it appeared by a book heretofore presented to the Queen's highness, under the hands of Sir James Dyer Knight, Lord chief Justice of the commou Pleas, Mr. Justice Weston late a Justice of the same Court, Mr. Justice harper late another Justice of the same Court; and Mr. Justice Carus late a Justice of her majesty's Bench and remaining (by force of her majesty's Warrant) of Record in the Court of Chancery, touching the Jurisdiction of the County Palatine of Chester; that before the reign of King Henry the third, all Pleas of Lands and Tenements, and all other causes and contracts, and matters residing and growing within the said County Palatine of Chester are pleadable, and aught to be pleaded and heard, and judicially determined within the said County Palatine of Chester; and not elsewhere out of the said County Palatine; and if any be heard, pleaded, or judicially determined out of the same County than the same is void, and coram non Iudice (except it be in case of error, foreign Plea, or foreign voucher) and also that no inhabitant within the said County Palatine by the laws, liberties, and usages of the same, be called or compelled by any Writ or process to appear, or answer any matter or cause out of the said County Palatine for any the causes aforesaid (as by the said Book among other things more at large appeareth) and where now of late the plaintant hath exhibited a Bill of complaint into this Honourable Court for, and concerning certain lands and tenements lying within the said County Palatine; and hath taken process against the said defendant in that behalf, who hath thereupon appeared, and by his council made request to this Court, that for the causes aforesaid the matter here exhibited against him might be from henceforth dismissed; wherefore forasmuch as William sailor hath made oath, that the said lands do lie within the said County Palatine; and that the said defendant is inhabiting, and dwelling within the said County; therefore the said cause is from henceforth dismissed, and remitted to the chamberlain of Chester; and other her majesty's Ministers there according to the tenor of the same book; Wllloughby Miles plaintant, Brearton defendant. An. 19 Eliz.  
Jearvise Wheatly made oath for the serving of a Subpoena upon the defendant, 
A Subpoena served, to testify in the Guildhall, and not appearing an Attachment.  to testify on the behalf of the plaintant at the Guildhall in London, who hath not thereupon appeared; therefore an Attachment is awarded against him, Batt plaintant, Rookes defendant. An. 19 Eliz.  
A Bill was exhibited by the plaintant against Roger Haule, 
A Bill against Roger Hall, and another Roger Hall was served, he must show it by Plea, and not by motion.  supervisor of the last will of Thomas Clifton, and one Roger Haule was served with process, that was no supervisor of the said Clifton's will, and alleged that the said Roger Haule who was the supervisor was dead; and ordered the defendant shall put in his allegation upon oath by way of Answer; and than desire Judgement, whether he shall be compelled to answer the said Bill or not; and therein pay his costs for his wrongful vexation, which shall be thereupon allowed to him, Harrison plaintant, Haule defendant. An. 19 Eliz.  
The plaintants are adjudged to pay to the defendants 20 s. 
Costs to witnesses served to testify.  costs coming upon process of Subpoena to testify on their behalf; and having no charges tendered unto them, nor any interrogatories put in for them to be examined upon; Pearce, and uxor ejus plaintants, Crawthorn and White defendants. Anno 19 Eliz.  
Lawrence Hide gentleman, being called upon by process by the plaintant to testify, informed this Court, 
Costs paid to a witness before he be examined.  that he was ready to depose, so that he might first have his costs to him allowed, which this Court thought reasonable; Belgra●e plaintant, Edward Earl of Hertford, and William Drury de●endants. An. 19 Eliz.  
Thomas Hawtry gent▪ was served with a Subpoena to testify his knowledge, 
A solicitor served with process to testify, ordered not to be examined.  touching the cause in variance; and made oath that he hath been, and yet is a solicitor in this suit, & hath received several Fees of the defend▪ which being informed to the Master of the rolls, it is ordered that the said Thomas Haw●ry shall not be compelled to be deposed, touching the same; and that he shall be in no danger of any contempt, touching the not executing of the said process, beard plaintant, Lovelace defendant. Anno 19 Eliz.  

A man and wife exhibit their Bill, the wife dies, the defendant demurs for that there is no Bill of revivor, ordered to Answer.  The plaintant exhibited his Bill, as well in his own, as in his wife's name, concerning a promise made by the defendants to the plaintant; and his wife to make them a Lease of the manor of Appescourt during their lives, the defendants demur, for that the plaintant aught to have a Bill of Revivor against them, for that his wife is dead since the Bill exhibited; which cause of demurrer this Court alloweth not, for that the promise was made during the Coverture; and the plaintant claimeth not the same in right of his wife; therefore the defendants are ordered to answer directly to the Bill; thorn plaintant, Brend, Wilkinson and Alice defendants. Anno 19 Eliz.  
Austen plaintant, 
The solicitor served to testify, is discharged.  Vesey defendant; the defendant is served with a Subpoena to testify; and for that it appeared by Affidavit, that he was solicitor in the same cause to one of the parties, he was discharged and not admitted to be examined. An. 19 and 20. Eliz.  
Hartford plaintant, 
Consili●.  Lee and Alice defendants; the solicitor of one of the parties was served with Subpoena, to testify in the cause in controversy, and the Court discharged him, by reason he was solliciter in the cause. An. 20. Eliz.  
The plaintants Bill was for that he being a Coppyholder Leased to the defendant for years, 
The leases of a Copyholder is punishable in waste, though the Copyholder himself be not.  and the defendant hath digged gravel, and sold the same away, whereby the Coppyhold is prejudiced; the defendant justified, for that the Copyholders are not punishable in waste, which cause this Court alloweth not of; for though the Copyholders of the manor are not punishable, yet the leases of Copyholders of the manor are punishable; therefore a Supoena is awarded to show cause, why an Injunction shall not be granted, for staying his digging of gravel, and felling Woods upon the Copyhold Lands; Dalton plaintant, Gill and Pindor defendants. Anno 19 Eliz.  
Whereas the plaintant exhibited his Bill against the defendant for wilful perjury, 
A Bill of perjury proceeded in this Court.  the defendant hath demurred, which this Court alloweth not of: It is ordered a Subpoena be awarded to the defendant, to answer Thomas Woodcock plaintant, Giles Woodcock defendant. An. 19 Eliz.  

suit to have an award by assent, decreed.  Whereas there was an award in writing exhibited into this Court made between the said parties, by Sir Christopher Wray Knight, Lord chief Justice of England, whereunto the Lord chief Justice hand as well as the parties are subscribed; it was requested by the plaintants the same might be decreed by this Court, which this Court refused to grant, until the defendants were made privy; therefore process is awarded; Wakefield, & Vxor, & Aliis plaintants, Hawson, & Vxor, & Aliis defendants. An. 19 Eliz.  

To stay suit in the spiritual court.  The suit was to stay suit in the spiritual Court for a Legacy of 40 l. Joan Banvill widow plaintant, Guy Banvill defendant. Anno 19 Eliz.  

suit for common of pasture and Turbary.  The suit was for common of pasture, and Turbary; the defendant demurred for that the plaintant may have remedy at the common law, but ordered to answer; Lawrence and Moregate, & Aliis plaintants, Windham defendant. An. 19 Eliz.  

Subpoena delivered to the defendants servant.  Robert Goodwin made oath that at such time as he came to the house of the defendant to serve a Subpoena upon him according to an order of the 10. of May last, one of his servants came forth and told him he was within, who thereupon delivered the Writ, 
Subpoena served at the s●●te of a● unknown man, and no Bill in Court, the server to pay costs.  to be delivered to the defendant his Master; Goodwin plaintant, Sullyard defendant. An. 19 Eliz.  
The defendant made oath that he was served with a Subpoena by the plaintant in the name of one William Web utterly unknown to the defendant and now upon his appearance, no Bill in Court against the defendant, in the name of the said William Web or of the plaintant; therefore 30 s. cost is awarded against the plaintants. An. 19 Eliz.  
Forasmuch as the said Abel, 
The husband appears, and the wife not Attachment against them both.  one of the defendants appeared, and answered the last term, and his wife did not; therefore an Attachment was awarded against them both; Monox plaintant, Abel and his wife defendants. Anno 19 Eliz.  
Whereas there was this present day exhibited into this Court a certificate under the seal of the university of Oxford on the defendants behalf, 
Jurisdiction of Oxford.  testifying and declaring that the Chancellors of the said university, and their successors from the time, whereof the memory of man is not to the contrary▪ as well by grant and consideration of her Majesty, as of her majesty's noble progenitors, sometimes Kings of this realm have had the cognizance, and final determination of all manner of Pleas, strifes, quarrels and controversies whatsoever (Felony, Main, and Franketenant only excepted) rising and growing as well within the precinct of the said City of Oxford as without, within the realm of England; whereas one of the parties within the said suit, action or plea, is a Master or Schollor, or common Minister of the same university, or such a person as the Chancellor, Vicechancellor, Lieutenant, or Commissary will certify, aught to enjoy the privilege of the same university; and that the same persons upon the showing forth of the said certificate in any Court where they are impleaded aught to be discharged out of the same Court, forasmuch as it appeareth by the said certificate that the said defendant, who is brought up by a Subpoena, to answer a Bill exhibited by the plaintant into this Court, is a bachelor of Law in the same university; and for that also it appeareth by the plaintants said Bill of complaint, that the matter therein contained, is only for certain promises supposed to be made by the defendant to the plaintant, touching certain Goods, Chattels, and money therein mentioned, and not Franktenement, or any matter before excepted: It is therefore ordered, that the said defendant be of, and from the said Bill of complant, and matters therein contained, from henceforth clearly, and absolutely dismissed; and the plaintant referred to take his remedy for the same, before the Chancellor, Vicechancellor, Lieutenant, or Commissary of the said University of Oxford, according to the Tenor of the said Certificate; Temple plaintant, Foster Doctor of the civil Law defen. Anno 19 Eliz.  

Consil.  Thomas plaintant, Mounson defendant, produceth a Certificate of the University, claiming jurisdiction of the same University; therefore the cause is from hence dismissed to be tried and determined there. An. 19 Eliz.  

A Mr. and examinor, examined witnesses, publication stayed after granted.  The plaintant in the end of Easter term, by Master Griffeth his Attorney required the defendant to proceed to Commission for examining of witnesses, and the defendant was ready to join, sithence which time the plaintant contrary to the order of this Court▪ (as they allege) hath produced one of the Masters of this Court, and one of the examinors to travel to the plaintants house in Wiltshire 60 miles distant from London, & there hath examined witnesses; it is ordered that publication be stayed until the matter be examined after publication is granted; Darrall plaintant, and Stukey defendant. An. 19 Eliz.  
The plaint. 
The plain. father seized in Fee, with a condition to reenter deviseth for life, A ducens teci●  Father did purchase in Fee-Farm to him and his heirs, the manor of Long Aeson, in the County of De●y, of one Kymwelmarch rendering 8 l. rent, with a condition of re-entry for non payment of the rent, deviseth the Land to another for life: A ducens tecum for the evidences. An. 19 Eliz.  
Forasmuch as the defendant hath appeared in this court upon an Attachment of privilege, 
The defendant licenced to depart after issue.  and attended from day to day according to his Bond made in that behalf; and hath also pleaded an issue to the plaintants Declaration; therefore the defendant is licenced to depart: Dugdell plaint. Orrell defend. An. 20. Eliz.  
The defend. 
Trustee ordered to co●vey the Lands according to the trust.  by his Answer confesseth he was joint purchasor in trust with the plaintants Father to them two, and to the heirs of the plaintants Father of the Lands in question; and that he never received any profits thereof; and that he meant at the plaintants full age to convey the Lands to the plaintant, and his heirs according to the trust; it is ordered and decreed the defendant shall forthwith upon notice to him given convey his Estate in the Lands to the plaintant, and the heirs of his body begotten with such remainder over as in the last Will and Testament of the plaintants Father is expressed at the costs of the plaintant; Young plaintant, Leigh defendant. Anno 20. Eliz.  
Bittenson one of the defendants demurred, 
Jurisdiction of the Excheqner rejected, for that one of the defendants had no privilege there.  for that he was a clerk of the Exchequer, and aught to be privileged there; and the said Mary demurred without showing any cause, forasmuch as it was openly affirmed by the common voice of the officers of the same, that the said Bittenson may be impleaded in this Court, notwithstanding any privilege in the Exchequer; and for that likewise, if there were any such cause of privilege, yet he could not have the same in this suit, by reason another party who ought not to have any such privilege is joined with him; therefore a Subpoena is awarded against the defendants to answer; East and Scudamore plaintant: Bittenson, and Mary Valence defendants. An. 20. Eliz.  

The defend. in a Bill of perjury after answer, aught to be examined upon interrogatories.  It is ordered that in a Bill of perjury put in against the defendant, he having put in his answer, should not depart until he be examined upon interrogatories, according to the general order and course in that behalf accustomed; for it was affirmed by the Officers of this Court, that by the order and custom of this Court, he ought to be examined upon interrogatories: Philip's plaintant, Benson defendant. Anno 20. Eliz.  
The defendant made oath, the plaintant came to him on Easter day last in Barrington Church; 
The plaint. requires the defendant to appear, showing no writ, and no Bill in Court, hath 20 s. costs.  and commanded him in the Queen's name to appear in Chancery the 17 day after, which said defendant demanded the process; and the plaintant answered him he was to serve another, and therefore would not leave him any note for his appearance; and yet upon his appeance no Bill found in Court; therefore the plaintant is adjudged to pay him 20 s. costs; Syers plaintant, Cotts defendant. Anno 20. Eliz.  
Robert Hodgeson made oath, 
Affidavit for serving a Subpoena.  that he left a Subpoena to make a better answer upon the door of the lodging of the said defendant, being at the sign of the Maidenhead without Temple bar, whereas both by the report of divers of the neighbours thereabouts, as by the recourse of her servants to and fro at the same time by all presumptions, she the said defendant was then in the said house; and yet she hath not made a better answer; therefore an attachment is awarded against the defendant; Croker plaintant, Hampden defendant. An. 20. Eliz.  
The said defendant hath this present term appeared upon a Subpoena at the plaintants suit 15 Pascha and no Bill in Court; 
The defend. hath no cost because the Subpoena is lost, but Attachment is stayed.  and for that the defendant hath lost the said Subpoena, he cannot demand his charges for want of the said Bill; it is ordered no process of contempt issue out of this court against the defendant upon the said Subpoena: Blanch Parvy plaintant, Morgan defendant. Anno 20. Eliz.  
The defendant made oath, 
Costs for want of a Bill.  that one of the plaintants servants showed him a Subpoena tres Pasch. return; but would not deliver him the Writ or label; and now upon the defendants appearance, there is no Bill against him in court, therefore costs: grey plaintant, Gurney defend. An. 20. Eliz.  
The defend. by his answer disclaimed of the Clarkship of the Peace in question, 
The defend. disclaiming, no witnesses to be examined, touching the death of another.  and confessed thereby that he delivered all the Records, and Titlelings of Sessions, which he had, to Master Treutham Custos Rotulor▪ in the County of Stafford; and yet the plaintant hath replied to the same to examine the manner of assault, and other matters touching the death of one Ashbrook, and goeth about to examine witnesses thereupon; it is ordered, that if cause be not showed to the contrary, that no witnesses shall be examined touching the manner of assault or death of Ashbrook, or circumstances thereof; Archbald plaintant, Borrold defendant. An. 20. Eliz.  

The defen. bound to pay money at one place, pleads payment at another, not good.  The defendant in a scir. fac. upon a recognizance to pay 100 l. at Martin in the County of Surrey pleaded payment at Bristol, where the Justice of Assize without special Commission cometh not, to the intent only to delay the party; therefore it is ordered the defendant shall by Friday next, either be sworn to his said Plea, or else put in such a sufficient issuable Plea, as he will stand unto at his peril; Lovel plaintant, Hopkins defendant. An. 20. Eliz.  

A demurrer to a Bill of revivor ordered to answer.  The defendant demurred upon a Bill of Revivor exhibited by the plaintiffs against her, for that she was a woman Covert during the time the first suit depended; but ordered to answer for that she was party to the suit with the said Twynneho● her husband; Ruthel & uxor ejus plaintants, Dom. Elizabeth Litton, late wife to Edward Twinnehoe defendant. Anno 20.. Eliz.  

The wife after the death of her husband, sueth a Bill of revivor and good.  The plaintant and her husband exhibited their Bill against the defendant; the husband dyeth, the wife now plaintant, exhibiteth a Bill of Revivor, and goodw. Alice Parrot widow plaintant, Randall and Cowarden defendants. An. 20. Eliz.  

To take bond of such as appear upon contempt, to attend from day to day.  It is ordered that from henceforth no entry be made by any the attorneys into the Registers Book of this Court of any appearance of, or upon any Attachment, or Commission of rebellion; but that the party so appearing, shall first enter into sufficient Bond by Obligation to this Court, to be taken by the Register of this Court, with condition to attend from day to day; and not to depart before he be specially licenced by this Court. Pascha. 20. Eliz.  
The defendant refuseth to answer the receipt of rent, 
The defen. demurs for that there is remedy at common law, but ordered to answer.  and demurred for that the plaintant may have remedy by Law for the same; therefore ordered a Subpoena be awarded to make direct answer; Dixe & Cantrell plaintants, Lintoft defendant. Anno 20. Eliz.  
Whereas information was made to this court, on the behalf of George Stidenham Esq. now sheriff of the County of Somersetshire, 
Habeas corpus to the warden of the Fleet, to have the defendant in Court, to be charged with a debt upon a recognizance.  That whereas a Capias upon a Recogn●zance of 133 l. 6 s. 8 d. issued out of this Court in Hilary term last, to the sheriff against the said defendant, the said sheriff had a Capias also for a debt due to her Majesty, to him directed out of the Court of Exchequer, both which Capiasses the sheriff returned into the said several Courts the last term a cepi corpus & languid●● in prisona; whereupon a deuces tecum issued out of the said Court of Exchequer to the said sheriff, for bringing in of the body of the defendant into the said Court of Exchequer; whereupon the said sheriff hath brought up the said defendant, and made request this present day to this court, that some order might be taken by this court, that the defendant may remain in execution for the debt of the said plaintant, after he hath answered his said debt to her Majesty; so that the said sheriff may not hereafter be charged by the return made by the Capias upon the said Recognizance in this court; it is therefore ordered by the advice of the right honourable the Lord Treasurer, and the Lord chief Justice of England being present in court, that a Habeas corpus be awarded to the Warden of the Fleet, to bring the said defendant into this court on Thursday next, to the end the said Warden may be also charged with the said defendant by this court, till he have satisfied or taken order for the payment of the debt due to her Majesty; and that then he shall keep him in his custody, until he answer unto the plaintant, this said debt of 133 l. 6 s. 8 d. Ward plaintant, Crouch defendant. Anno 20. Eliz.  
Thomas Boulton made oath, that the defend. was served with a Billet in Paper to appear 15. Trinitat. and no Bill in Court against her at the plaintiffs suit; 
Costs for the solicitors charges, in making Affidavit for serving process, and the defendants impotency, no Bill being in Court.  therefore the plaintiff is adjudged to pay the defendant 33 s. 4 d. sustained in sending up the said Boulton who hath made oath, that she is so impotent, that she is not able to travel up hither thereupon personally: Gredlow plaintant, Prestwich defendant. Anno 20. Eliz.  

Costs for want of a Bill upon showing the Writ, but not delivering it.  The plaintant is adjudged to pay to the defendant 40 s. costs, for want of a Bill, for that the defendant made oath the plaintiff showed him a Subpoena wherein his name was written, but would not deliver him the same, for that there were others to serve with the same Writ; Symont plaintiff, Pinsonby defendant. Anno 20. Eliz.  

Attachm. discharged, and a Bill of perju●y for procuring it indirectly.  John Clegge was served with a Subpoena, by the name of Robert Clegge, and John Warberton made oath, that he served a Subpoena upon Robert Clegge; and an Attachment was served upon John Clegge, and ordered that he should be discharged thereof; and might exhibit his Bill into this court, against the said John Warberton, and call him in by process to answer his perjury; Robert Clegge plaintant, Thomas Warberton. defendant. An. 20. Eliz.  
A Motion for an Attachment against the defendant, 
The Lord Chancellor writ his letters to a Noble man, that had broken a decree.  for breach of a decree and injunction, and ordered by the Lord Chancellor Bromley, that for that time he stayed the granting of the Attachment, and vouchsafed to write his Letters, requiring him to perform the same, trusting he would have such regard thereunto, as no Attachment shall after be required against him: Story plaintant, Dominus Pawlet defendants. 21. and 22. Eliz.  
A Motion that where the plaintants had exhibited their Bill to be discharged of a legacy, 
Injunction against the spiritual Court.  the defendant since his suit, sued in the spiritual Court; and therefore day to show cause why an Injunction should not be granted; Parrré & uxor plaintants, Tipelady & uxor defendant. Anno 21. and 22. Eliz.  
William Smalwood made oath, 
Attachment upon the defendants confession he was served.  the defendant confessed he was served with a Subpoena at the plaintants suit, who not appeared; therefore an Attachment is awarded against the defendant, to the sheriff of Essex; Waters plaintaint, and beard defendant. Anno 21. and 22. Eliz.  
The defendant a Master of Art in Oxford, 
Jurisdictio of Oxford allowed▪  pleaded his privilege of the University under the seal there, and demanded judgement whether he should be driven to answer contrary to the privilege; and the privilege was allowed, and the Attachment discharged; Cotton plaintant, and Manering defendants. Anno 21. and 22. Eliz.  

Decree for Copyhold lands.  A decree is made for the defendant, to enjoy certain Lands, as well Coppyhold, as Customary; Bamborow plaintant, Alexander defendant. Anno 21. and 22. Eliz.  

Costs for want of a Bill, the Subpoena being lost.  The defendant made oath that he was served with a Subpoena at the plaintants suit to appear in this Court; and that he hath lost by casualty the Subpoena; and upon his appearance, there was no Bill in Court against him, at the said plaintants suit: therefore the plaintant is adjudged to pay the defendant 40 s. costs for want of a Bill; Domina Edith Metham plaintant, Michael Fayerbanck defendant. Anno 21. and 22. Eliz.  

Dismission because under 40 s. per annum.  For that it appeared as well by the plaintants Bill, as that Osney one of the defendants hath made oath that the lands in the Bill, is not worth 40 s. per annum; therefore dismissed generally, and not without costs: Townly & uxor plaintants, Osney & uxor & parson's defendants. An. 21. and 22. Eliz.  

Jurisdiction of Wales allowed, being under five pound.  The defendant made oath, that the plaintant, and defendant are both dwelling within the jurisdiction of the Marches of Wales; and for that it appeareth by the Bill, that the Money complained for is under 10 l. therefore the cause is dismissed: Eastcourt plaintant, Tanner defendant. Anno 21. and 22. Eliz.  

Suit retained after Judgement and execution.  Debt upon a single Bill satisfied, and the Bill not delivered was sued, and execution gotten, and yet retained in Chancery, notwithstanding a motion to be dismissed, because after Judgement and Execution; for it was said the Judgement and execution may stand, and this suit for that he formerly paid: Owen plaintant, Joanes' defendant. Anno 21. and 22. Eliz.  
The defendant maketh oath, 
Costs against the plaint. for want of a Bill.  that one Rock served him with a Subpoena in the name of the plaintant; and at his suit as he affirmed; but would not deliver neither Writ, label, nor note of the day of appearance, but told him it was to appear the first day of this term, and now no Bill in Court; therefore costs is granted against the plaintant: Parsons plaintant, Hilford defend. An. 21. and 22. Eliz.  
An order for a Commission, 
Commission to set out meet ways for passages.  to set out meet ways, and Cawsages moved in presence of Mr. Egerton of counsel with the defend. Custos of all souls college in Oxford plaintant, Everall & aliis defendants. Anno 21. and 22. Eliz.  
Upon an oath made for impotency of Jenkin the defend. in a former suit by the said Goose, 
An English Bill for perjury.  by the name of William ap William, they procured a dedimus potestatem to take the answer of Jenkin to John Floyd, and William Goose himself, whereas the party was under 50 years of age and not impotent; hereupon the plaintant exhibits an English Bill of perjury into this Court against the said Goose for perjury, and Jenkin for the procuring of it; whereupon they being served with a Subpoena to answer the perjury, they get a stay of the proceedings from the counsel of the Marches; where, upon motion, Sir Thomas Bromley Lord Chancellor, marvelled at such their stay, and writ his Letters to the said counsel, and granted a new Subpoena against the defendants to answer the perjury; Joane uxor Griffith plaintant, Richard ap Jenkin, and William Goose defendants. Anno 21. and 22. Eliz.  

Injunction to stay judgement in an action of wast.  The Bill was to be releived against a Judgement, indirectly gotten by Ralph Cavend●sh in the name of Thomas Cavendish his brother, by default in an account of waste; and because it so appeared, an injunction is granted; Galley plaintant Ralph Cavendish and Thomas Cavendish defendants. Anno 21. and 22. Eliz.  

relief for a trust upon a Lease, after it is sold.  The suit was to be releived upon a lease made to the defendant in trust to the use of the plaintant: and because it so appeared, it was ordered that the plaintant should enjoy the lands against the defendant, and all claiming under him that had notice of the trust: and if the lease were sold to such as had no notice of the trust, than the defendant shall pay to the plaintant so much money as the lease was worth, rook plaintant, Staples defendant. Anno 21. and 22. Eliz.  

A Bill for relief after Judgement and execution dismissed.  A Bill to be releived upon a bond after Judgement and execution, and because no material matter alleged for maintainan●e thereof, therefore dismissed: Adam's plaintant, Doddesworth defendant. Anno 21. and 22. Eliz.  

A Bill upon a promise for leave to dry clothes in a garden dismissed.  The Bill was to be releived for egress and regress into a garden of the defendants for drying of clothes, promised by word only by the defendant to the plainant: therefore dismissed, for that the Court ought not to be burdened with such small matters, Hamby plaintant, Northage defendant. Anno 21. and 22. Eliz.  

Attachment for not appearing upon a Subpoena.  Guilliam made oath that he saw a subpoena served on the defendanr who hath not appeared: therefore an attachment; Morgan plaintant, Evon defendant, Anno 21. and 22. Eliz.  
An Attachment was delivered to the sheriff to execute, 
Day given to the sheriff, to return an Attachment upon pain of 5 l.  who did not return the same; and upon affidavit of the delivery, a day was given to return the Writ upon pain to be amerced 5 l. Crompton plaintant, Meridith defendant; Anno 21. and 22. E●iz.  
Affidavit made for the delivery of au extent to the sheriff which he hath not returned: 
Consil.  therefore a day is given to the sheriff to return the Writ upon pain of 10 l. Hambey plaintant, Wight defendant. Anno 21. and 22. Eliz.  
Three Bonds put in suit in the King's Bench and stayed by Injunction by Order, 
Injunction to stay suits, because the Queen was deceived of her fine.  because the Queen was hindered of her fine; Pascall plaintant, Smith Miles defendant. Anno 21. and 22. Eliz.  
Calveley plaintant, 
Consil.  Philip's defendant, Bonds put in suit in the K. Bench stayed by Injunction because the Queen was hindered of her fine. Anno 21. and 22. Eliz.  
The Bill prayeth relief against the defendant as brother and heir, 
The heir is sued to make a lease for which his elder brother took a fine or to repay the fine.  for that the plaintant paid to his brother deceased▪ a fine of 34 l. for a lease, who died before the same was made; and therefore desireth either to have the Lease made by the heir, or his money again; thereupon it is ordered the defendant shall answer an Injunction: Kreme, Alias Mogge plaintant, mere defendant. Anno 21. and 22. Eliz.  
The defendant got costs for want of a Bill, 
The clerk is fined 40 s. for his mistake, in making a Subpoena.  and bespoke of Robert bail a Clerk a Subpoena for those costs, who made her a Subpoena ad sectam, whereupon the plaintant got costs; this being moved for discharge of these costs, so gotten by default of the clerk. It is ordered that the defendant shall be discharged; and the plaintant also of the costs gotten by the defendant; and neither of them should have process against the other for the same, but the defendant might take a Subpoena against the clerk that made the erroneous process for the 40 s. costs, which she should have had against the plaintant; Franckblanck plaintant, Domina Metham defend. An. 21. and 22. Eliz.  

Subpoena delivered to the wife, good.  Oath is made for the delivery of a Subpoena to the wife of the defendant at his house, who hath not appeared; therefore an Attachment: pilgrim plaintant, Read defendant. Anno 21. and 22. Eliz.  

The plaint● refusing to seal a release, the defendant puts a bond in suit, and stayed by Injunction▪  The plaintant desireth to be relieved against an Obligation of 100 l. which had an intricate and insensible condition put in suit, for that the plaintant being desired by the defendant, to seal a release, desired only time to be advised thereof, which the defendant would not yield unto, but hath put the bond in suit, though no ways damnified; and now the plaintant is ready to seal the release; therefore an Injunction is granted: Rowles plaintant, and Rolls defendant. An. 21. and 22. Eliz.  

Attachment with Proclamation discharged paying the ordinary Fee, answer being in befo●e▪  The defendant took out a Commission, to take his answer in the Country, and thereby answered he could not directly answer without sight of evidences, which are in Nottinghamshire, far distant from Dorsetshire; the defendant afterwards made a perfect answer; and yet the plaintant took out Attachment, and Attachment with Proclamation, both which were discharged paying the ordinary Fees, and 2 s. 6 d. to the Warden of the Fleet: Trussell & aliis plaintants, Willoughby Miles defendant. Anno 21. and 22. Eliz.  
John Cotten the plaintant, 
One Executor sueth the other to put in sureties to perform the Will.  brother devised divers goods to his two Sons, to be delivered at their full age, and made the plaintant and defendant Executors. 100 l. of the goods came to the plaintants hands, 250 l. came to the defendants hands: The plaintant desireth by his Bill, that in respect of the trust, and joint charge which may survive, that the plaintant and defendant may each be bound to the other, to pay the children their Portions in their hands at their full age; and if either plaintant or defendant die before, than the Executor shall pay that which was in the testators hands to the survivor, which this Court thought in conscience to be meet, because the defendant by answer confesseth the trust and receipt of 250 l. Therefore a Subpoena is awarded against the defend. to show cause why it should not be decreed: Cotton plaintant, Causton defend. Anno 21. and 22. Eliz.  
An Attachment and other process of contempt issued out of this Court, 
The contempt discharged, and ● new Commission granted to take the defendants answers.  for not returning the defendants answer by Commission is discharged, paying the ordinary Fees, because the plaintant named one Commissioner, who refused to join with one of the defendants Commissioners in taking the defendants answer; and a new Commission is granted to indifferent Commissioners named by the defendant: marshal plaintant, Harwood defendant. An 21. and 22. Eliz.  
It is moved that where a prohibition was six 
Prohibition for tithes of Lands held in Capi●e.  months since granted for stay of a suit in the ecclesiastical Court at Herford, upon surmise the lands are held in Capite, whereas it appeared by Letters Patents thereof the lands holden of Eastgreenwich; therefore consultation, unless cause showed; and the party to pay double costs according to the Statute, whereby the prohibition is granted: wolf plaintant, Merrick Clums defendant. An.  

Costs for want of a Bill, oath made befo●e the Major of Totnes.  Forasmuch as the Major of Totnes hath certified under his common seal, that the defendant made oath before him, that he was served with a Billet in Paper at the plaintants suit, and upon his appearance no Bill, therefore costs: White plaintant, Carpenter defendant. An. 21. and 22. Eliz.  

Attorney present in Court, enjoined not to proceed at common law.  Brent an Attorney at common Law for the defendant being present in Court, is enjoined in open Court upon pain of 200 l. not to proceed at common Law, upon an action of debt upon an Obligation against the plaintant: Bishop plaintant, Jessop and Wat's defendants. Anno 21. and 22. Eliz.  

suit for ●ent of 10 s.  Forasmuch as the said Thoroughgood made oath that the matter in the Bill is for a Portion of Rent of 10 s. by year being of small value, it is dismissed; Knighton plaintant, Allen and Thoroughgood defendant. An. 21. and 22. Eliz.  

Affidavit the he saw a Subpoena served.  John Vaux made oath that he saw a Subpoena served upon the defend. therefore for not appearance an Attachment is granted; Vaux plaint. Glasiers defendant. An. 21. and 22. Eliz.  

At●achment against witnesses served to testify.  John Leigh made oath for the serving of a Subpoena on a witness, to testify on the plaintants behalf before certain Commissioners who hath not so done: Therefore an Attachment is awarded against the defendant; Middleton plaintant, Speright defendant. An. 21. and 22. Eliz.  
The plaintant made oath that he heard the defendant confess he was served with a Subpoena and hath not appeared; 
attachment upon the defendants confession he was served.  therefore an Attachment is granted; Stow plaintant, and Maddock defendant. An. 21. and 22. Eliz.  
The defend. and one Thomas Butcher, 
Two joint tenants, the one dyeth, the other ordered to make Estate according to the Will.  whose Executors the said Joane & Alexander have purchased certain lands jointly; the defend. promised the said Thomas upon his dea●h bed, he would take no advantage of the survivorship, but that the said Thomas might by his will dispose them, Thomas by his will devised his part of the lands towards payment of his deb●s; therefore decreed by the assent of the defen. that the defen. should make estate accordingly; Spring & uxor & Alexander Buthcer plaintants, Vpton defend. An. 21. and 22. Eliz.  
Robert Medigate Esq. was served with Subpoena to testify, 
witness that answer insufficien● again examined▪  and hath not answered to certain interrogatories administered unto him on the plaintants behalf, at the time of the executing of the said Commission, excusing himself that he could not to some for want of certain court rolls, and to some other interogatories he referred himself to former depositions, but doth not show where they remain, nor when they were taken; it is therefore ordered that the considerations of the depositions of the said Medigate be referred to Mr. Doctor Carew, one of the Masters of this Court; and if he certify that he hath not sufficiently answered, than order shall be taken, that he shall directly answer the same; Fish plaintant, Mountford & aliis defendants. An. 21. and 22. Eliz.  

Jurisdiction of Chester allowed.  It is ordered that upon Affidavit made, that the defendants dwell within the County Palatine of Chester; and the cause of the Bill is to be relieved of certain debts there, the cause is therefore dismissed into the said country: Heyward plaintant, Sherington defend. An. 21. and 22. Eliz.  

A suit for a Hawk, and evidences dismissed.  The effect of the suit is for a hawk, and certain evidences supposed to be come to the defendants hands; and because it seemeth to the Court, the matter of evidences was only inserted to give colour to the court to hold Plea; and the matter of the hawk is no meet matter for this Court; therefore the matter is dismissed; Glasiers plaintant, Massy defendant. An. 21. and 22. Eliz.  

The Bill dismissed, because the councillors hand is counterfeit.  The Bill is dismissed because that Mr. Massies name was put to the same, as of council without his privity; Gristing plaintant, Hore and Hore defendants. An. 21. and 22. Eliz.  
The plaintant is adjudged to pay to the defe●d. 50 s. costs, 
Costs for prosecuting contem●ts and none proved.  for prosecuting process of contempt against him, and no contempt proved: Wrayford plaintant, Weight and Hingeston defendants. An. 21. and 22. Eliz.  
The Bill setteth forth that Gibone, one of the defendants in consideration of 286 l. did bargain and sell unto the plaintaint certain lands in the Bill mentioned; 
Fraud by mak●ng a lease after a feoffment and before livery and seizin.  and made unto him a deed of feoffment, and a Letter of attorney to make livery, and seisin, and before livery, made a Lease to Catiline, who knew of the bargain, and he Leassed to Brown, who knew also of the bargain, and this appearing to this Cou●t to be true, an Injunction is granted to the plaintant, until the cause should be heard and determined: Ireby plaintant, Gibone, Catiline, and Brown defendants. An. 21. and 22. Eliz.  
A special Certiorare to remove a cause out of London, 
Suit stayed in the King's Bench, because it was removed from London  the plaintant proveth the surmises of his Bill, the defend. beginneth suit in the King's Bench for the same cause; therefore stayed by Injunction; cliff plaintant, Turnor defendant. An. 21. and 22. Eliz.  
The plaintants suit is to be relieved for a common, 
Suit for common.  and a Subpoena is awarded against the defend. to show cause why an Injunction should not be granted to stay the suit at the common Law; Chock plaintant, Chea and Wast defendants. An. 21. and 22. Eliz.  
The matter is dismissed, 
A Bill for 6 l dismissed.  because the suit is for 6. l. only. Marber plaintant, Kempester defendant. An. 21. and 22. Eliz.  
The said Edmund Barker defendant maketh oath that he received a Billet of Paper, 
Costs upon a Billet delivered to a brother, and no Bill in Court.  of John Barker his brother, who affirmeth likewise upon his oath, the same Billet was delivered to him by the plaintant; and because upon the defendants appearance no Bill is in Court; therefore 26 s. 8 d. is adjudged against the plaintant; Cook plaintant, Barker defend, An. 21. and 22. Eliz.  
The Mayor of Totnes certified under his common seal, 
Commission to take the defendants answer upon oath of impotency before the Mayor of Totnes.  that the defendant made oath before him, that he was impotent, and not able to travel; therefore a Commission is awarded to take the defendants answer in the country; Wotten plaintant, Lewescomb defendant. An. 21. and 22. Eliz.  

Consil.  Dodderridge plaintant, Lasty defendant upon oath made before the Mayor of Exeter of the defendants impotency, and unfitness to travel, a Commission is granted to take his answer in the country. An. 21. and 22. Eliz.  

Consil.  Thomas Fursden made oath, the defendant is above 70 years of age; 
The defen. 70. years old.  therefore a Commission is awarded to take his answer in the country; Vivean plaintant, Napper alias Sande defendant. Anno 21. and 22. Eliz.  

Jurisdiction of Wales allowed.  George Elliot made oath, that all the parties are inhabitants, and dwelling within the Marches of Wales; and that the matter contained in the bill of complaint, is for no Title of land; therefore the cause is dismissed to the determination of the said Commissioners: Morgan plaintant, Bithell and Evon defendants. An. 21. and 22. Eliz.  

Consil.  Philip's alias Phelps, Long and Spincke plaintants, Powell and Singleton defendants, upon oath made that all the parties dwell within the jurisdiction of the Marches of Wales, the cause is dismissed to be tried there. An. 21. and 22. Eliz.  

Attachment upon oath before the bailiffs of Mountgomery.  Forasmuch as the bailiffs of Mountgomery have certified under their common seal, that the plaintant made oath before them for the serving of a Subpoena on the defendant who hath not appeared; therefore an Attachment is awarded against the defendant; Griffeth plaint. Ap Edward Ap John defendants. An. 21. and 22. Eliz.  

Consilio.  Forasmuch as the Major of Exeter hath certified under his common seal, that the plaintant hath made oath before him for the serving of a Subpoena on the defendants who have not appeared; therefore an Attachment is awarded against them; Preston plaintant, Smith & uxor defendants. An. 21. and 22. Eliz.  
Ap Richard maketh oath, 
Dismission because under 40 s. per annum.  the Lands complained of is under 40 s by the year; therefore dismissed; Morgan plaintant, Ap Richard and Lewis defendants. An. 21. and 22. Eliz.  
An action upon the case commenced in the King's Bench to the defendants damage 100 marks is stayed by Injunction, 
Injunction for defrauding the Queen of her fine.  for that her Majesty is hindered of her fine, which should have been paid upon the original: Brockhurst plaintant, Cotton defend. An. 21. and 22. Eliz.  
An Action upon the case commenced in the King's Bench, 
Consil.  to the damage of the defendant 5 l. is stayed by Injunction, for that her majesty's fine was not paid; Ward plaintant, Cobone defendant. An. 21. and 22. Eliz.  
Attachment is granted for not appearing upon a Certificate by the Major of Totnes, 
Attachment upon oath before the Major of T●tnes.  under his common seal, that John King made oath, he saw a Subpoena served upon the defendant; Dinnis plaintant, Morgan defendant. An. 21. and 22, Eliz.  
The plaintants Bill is to be relieved for Copyhold lands, 
Jurisdiction of the manor of Woodstock overruled.  the defendant doth demur for that the lands are Ancient demesne lands of her majesty's manor of Woodstock, and there only pleadable; it is ordered a Subpoena shall be awarded to the defendant to make a better answer; Wilkins plaintant, Gregory defend. An. 21. and 22. Eliz.  
Upon a Subpoena in perpetual memory, 
Commission to examine in perpetual memory.  the defend. appearing assented to join in Commission; so as the Lord Bacon's orders, touching examination of witnesses in perpetual memory might be observed, but upon motion it was ordered, that the Commission should be made general, as in like cases where the parties join, for that it seemed to the Court, the Lord Bacon's orders were intended to be observed, where the plaintant hath a Commission alone; Dominus Dacres & uxor plaintants, Southwell defend. Anno 21. and 22. Eliz.  
The plaintant desired to be relieved for a Lease made by the defendant to him for years, 
Le●ssee not named in the premises decreed for him.  which the defendant endevoureth to impeach, because in the premises of the Lease, there is no Leassee named, but only in the Habendum; and the cause being referred to the two Lord chief Justices, and the Lord chief Baron, they certified their opinion in Law, that the Lease was good in Law, notwithstanding the Leassee was not named in the premises of the Lease, but in the Habendum; and therefore decreed accordingly, that the plaintant should hold the said Lease; Butler plaintant, Dodton defendant. An. 21. and 22. Eliz.  

One Executor gets the estate and dyeth, the other sueth his Executor, and ordered for him.  The case is that the Lord Wray, and Sapcotes father were made executors to the use of Children; Sapcotes father having gotten a great part of the testators estate into his hands, deviseth divers Legacies to strangers; & maketh the defend. his Son Executor, and dyeth; and the defend. by answer, confesseth his Father had divers goods of the first testators in his hands, but said that the defendant had not goods sufficient, more than would satisfy the Legacies given by his Father; therefore ordered that the defend. sh●ll first pay to the plaintant the goods which were the first testators; and so much of his Estate, as came to his father's hands; Wray chief Justice plaintant, Sapcote defendant. Anno 21. and 22. Eliz.  
The plaintant setteth forth in her Bill, 
Feme covert sueth for maintenance put into another's hands, he demurs, but orde●ed to answer.  that she joined with her husband in sale of part of her inheritance, and after some discord growing between them they separate themselves; and one hundred pound of the money received upon sale of the Lands was allotted to the plaintant for her maintenance, and put into the hands of Nicholas Mine Esquire; and Bonds then given for the payment thereof, unto Henry Golding deceased to the use of the plaintant; which bonds are come to the defendant, as administrator to the said Henry Golding deceased, who refuseth to deliver the same to the plaintant, and hereupon she prayeth relief; the defendant doth demur in Law, because the plaintant sueth without her husband; and it is ordered the defendant shall answer directly; Mary Sanky, alias Walgrave plaintant, Goulding defendant. An. 21. and 22. Eliz.  
The plaintant served the two defendants with one Subpoena, 
One Subpoena served on two defendants; two Bills exhibited ordered to answer both.  but exhibited two Bills; the defendants appeared and answered the one, but not being served with any other Subpoena to answer the second departed; whereupon an Attachment is awarded against them; and ordered the defendants answering, the second Bill be discharged of the Attachment; Ap Rice plaintant, Granoe & Grannoe defendants. An. 21. and 22. Eliz.  
The defendant demurred generally without showing any manner of cause; 
The defend. demurred, generally ordered to answer.  and therefore ordered that a Subpoena be awarded against him to make a perfect answer; Duffield plaintant, Greaves & aliis defendants. Anno 21. and 22. Eliz.  

Two executors exhibit two Bills, ordered to answer the one, the other dismissed with costs.  The plaintant as sole Executor to Robert Maunder ex●ibited a Bill against the defendants for the same matter, for which the plaintant and David Gome as Executors to the same Maunder exhibited another Bill, and ordered that both Bills should be referred; and if both for one cause, the defendants shall be dismissed from one of the bills with costs; John Maunder plaintant, John Wright & aliis defendants. An. 21. and 22. Eliz.  

Witnesses examined in perpetual memory, the one dead, and the other sick, moved to use their testimony.  Christopher Askame hath made oath, that John Bleverhasset being a deponent in perpetual Memory is dead, and John Harrison another of the deponents is, and hath been of long time sick, and not able to travel without danger of his life; and that their depositions are very needful for the plaintant to be given in evidence, in a matter now depending at the common Law; Senhawes plaintant, Senhawes & aliis defendants. An. 22. Eliz.  
The defend. made oath, the plaintant caused him to be served with a Subpoena the Saturday before the end of the term, 
A Subpoena served within two days of the term's end, the Attachment discharged answering.  returnable the Thursday following, being but two days before the end of the term, he the defendant dwelling in Devonshire, sevenscore miles distant from London; wherefore the defend. could not conveniently appear, and make answer by the return of the said Subpoena; and yet nevertheless the plaintant had procured out an Attachment against the defendant; therefore and for that the plaintants Bill is but for evidences, it is ordered the defend. be discharged of the Attachment putting in his answer. Smith plaint. wear defendant. An. 21. and 22 Eliz.  
Upon certificate of Henry Vgheard, 
The solliciter of the plaintant ordered to be examined with caution.  and Thomas West two Commissioners, that Thomas Martial one of the defendants witnesses being warned by precept from them, refused to appear before them, and that Roger Taylor another witness appeared, but refused to be examined, because he solicits the plaintants cause; it is therefore ordered that the defendant shall examine before one of the examinors of this court before the end of this term, as well the said Roger Tailor upon any Interrogatory, which shall not be touching the secrecy of the title, or of any other matter which he knoweth as solicitor only, as also the said marshal, or any other necessary witness, whereof the defendant shall first set down their names, so that the plaintant may likewise examine them if he will; Kelway plaintant, Kelway defendant. An. 22. Eliz.  
It is informed that the plaintant exhibited his Bill without a councillor's hand, 
A Bill without a counsellor's hand or attorney retained dismissed.  or retaining an Attorney; and the same is for matter formerly decreed; therefore ordered if cause be not showed to the contrary; and if the Bill be to bring the matter in question that was decreed, than it is ta be dismissed; Bingham plaintant, Warren defendant. Anno 22. Eliz.  
The defendant demurred upon the Bill for incertainty, 
Jurisdicton of Wales overuled.  which was certain enough; And also for that all the parties are dwelling within the Jurisdiction of the Marches of Wales, which is no cause of demurrer for title of Lands; therefore ordered if cause be not showed, a Subpoena is awarded against the defendant to answer; keys plaintant, Hill & uxor Defendants. Anno 22. Eliz.  

Jurisdiction of Wales overruled.  The plaintant exhibits his Bill touching a practice and misbehaviour supposed by the plaintant to be used by the defendant against him, in bringing him up by Subpoena, at the suit of one Anthony Hinck, whereas the plaintant never knew any such ma●, and for divers other misdemeanours used by the defendant in this Court towards the plaintant; the defendant demurred for that both parties dwell within the jurisdiction of the Marches of Wales, where he supposes the plaintant is to seek his remedy, which kind of demurrer this court alloweth not, for that misdemeanours committed in this court are most meet to be here examined; Griffeth plaintant, Penrine defendant. Anno 22. Eliz.  

The defend. stayed by Injunction to pull down rooms to the prejudice of another's rooms.  The plaintant showeth by his Bill, that his house and the defendants are joining together, and supported by one main wall standing partly upon the Freehold of either of the said parties; and the plaintant having also an entry, Garret and other necessary rooms standing upon the kitchen of the defendant, he the defend. went about to pull down the said Wall, and thereby to overthrow the said Garret; the defendant made title to some of the upper rooms, and hath pulled down part of the Wall; an Injunction is awarded to stay the defendant, to pull down any more of the Wall, or any other part of the said house, whereby the said upper rooms may be overthrown, or impaired, until the matter be heard; Bush plaintant, Field defendant. An. 22. Eliz.  
A Commission to examine witnesses on both parts upon 14. days' warning to be given to the defendant, 
Upon a Commission warning given but to one defendant, a new C●mmission is granted, and the defendants to have the carriage.  Lucy one of the defendants made oath, that neithen he nor Varney had any warning, but if any warning was given, it was given, to Smith the other defendant, who is little interessed in the cause, but made a party as the defendants council supposeth to take away his testimony from the other defendants; Therefore ordered a Commission be awarded, whereof the said Lucy shall have the carriage directed to the former Commissioners, and 14. days' warning shall be given to the plaintant, and he to examine if he will; Hollingworth plaintant, Lucy, Varney and Smith defendants. Anno 22. Eliz.  
Humphrey Loyde made oath, 
A Subpoena left in the defendants Hall, an Attachment  that he saw one Lewis leave a Subpoena in the Hall of the defendant, and that the defendant was at home the same time who hath not appeared; therefore an Attachment is awarded against the defend●nt. Anno 22. Eliz.  
A Commission to examine witnesses issued, 
Witnesses examined before the town Clark of Yo●k suppressed.  but the plaintant at the place and day appointed brought not his Commissioners, nor the Commission, whereby the defendants Commissioners could not fit to examine, but the plaintant procured certain witnesses to be examined before one of the Town clerks of York touching the matter in variance, but ordered no witnesses so taken▪ shall be received into this Court, nor the plaintant take any benefit thereby; and a new Commission is awarded: Hareforth, and Lowther plaintants, Gates defendant. Anno 22. Eliz.  
John Davis made oath that his boy served a Subpoena 
The server of a Subpoena imprisoned, therefore Attachment against the defendant.  upon the defendant, for the which the said boy was apprehended, and imprisoned in the Marches of Wales; therefore an Attachment is awarded against the defendant; Dastoines plaintant, Apprice defendant. Anno 22. Eliz.  

jurisdiction of Wales admitted.  The defendant made oath, that both the said parties dwell in the Jurisdiction of the Marches of Wales; and that the matter of the plaintants Bill, is but for a lease for years, and no title of Freehold; therefore dismissed, Moor plaintant, Mashall defendant. Anno 22. Eliz.  

A rent reserved and paid, the heir ordered to pay it.  John Lord Zouch deceased late Father to the plaintant, did give the manor of Winford Eagle with th'appertenances in the County of Dorset, entailed to the Father of the defendant, reserving 40 l. a year rent to him and his heirs, and after about three years' last past, granted 25 l. parcel of the said rent to the plaintants for their lives; and the defendants Father did atturne, and pay the rent to the plaintants, until about two or three years before his death, which was about six years since, sithence which time the defendant being issue in tail and seized, refused to pay the said rent, but ordered by this court to pay it, if he show not good cause to the contrary; Zouch & uxor plaintants, Sidden●am defendant. Anno 22. Eliz.  

A rent charge upon several men's Lands, and levied upon one, an Injunction.  The plaintant seeketh relief by way of contribution, for that one of the defendants hath a rent charge out of this the plaintants lands, and out of one other of the defendants lands; and yet seeketh to lay the whole burden of the rent charge upon his the plaintants lands; and because the defend▪ would not answer; therefore an Injunction is granted for staying of the suits of the rent; Dolman plaintant, Vavasor & aliis defendants. Anno 22. Eliz.  
It appeareth by oath that the defendant is both senseless and dumb; 
A dumb man is not to answer upon Subpoena.  and therefore cannot instruct his counsel to draw his answer; and therefore ordered, that no Attachment, or other process of contempt be awarded against the defendant for not answering without special order of this Court; Altham plaintant, Smith defendant; An. 22. Eliz.  
The plaintant bought of the defendant the reversion of a Copyhold, 
Money paid for a reversion, which could not be enjoyed, ordered to repay the same.  which he could not enjoy, confessed by the defendants answer; thereupon a Subpoena is awarded against the defendant to show cause why he should not repay the money received upon the bargain. Picketon plaintant, Littecote, & aliis defendants. An. 22. Eliz.  
The defendants were not served with process; 
No Witnesses to be examined till the defendants have answered▪  and yet the plaintant brought up divers witnesses to be examined, but ordered they should not be examined until the defendants have answered; Episcopus Sallesbury plaintant, hind and hind defendants. Anno 22. Eliz.  
The plaintant was drawn to drink, 
An action against a drunken man's words seeketh relief, but is dismissed.  and filled with drink, spoke some words against the defendant, for which he brought an action upon the case at the common Law; whereupon the plaintant exhibited his Bill of complaint; and got an Injunction pro non solutione Finis. It is ordered that the defend. paying the Queen's fine shall have liberty to proceed, and the Bill to be dismissed: Qui peccat ebrius, luat sobrius, Kendrick plaintant, Hopkins defendant. Anno 22. Eliz.  

A Subpoena showed and offered, Attachment for not appearing.  Forasmuch as the Major of Barnestable hath certified, that John Barker made oath before him, that he did show and offer to deliver to the defendant a Subpoena which he would not accept and hath not appeared; therefore an attachment; Peris plaintant, Thomas defendant. Anno 22. Eliz.  
The plaintants made motion to have publication of witnesses taken 1. and 2. Philip and Mary, 
Witnesses examined 1. and 2. P. and M. ordered to prefer a Bill for publ●cation.  between one Thomas Shrub then plaintant, and now deceased, whose daughters and coheirs the plaintants wives are, and Henry Barnard then defendant now likewise deceased, touching lands in the occupation of the defendant; and ordered the plaintants shall exhibit a Bill for publication against the defendants, and call them by the Subpoena to answer, and then order shall be taken: clerk & uxor Papwell & uxor Stockes plaintants, Eve Mellers, and Wodham defendants. Anno 22. Eliz.  

Attachment discharged by supersedeas, paying the ordinary Fees.  The defendant was served with a Subpoena at the suit of Hanmer, and for want of a Bill got costs; and the plaintant upon Affidavit that the defendant was served with a Subpoena at his suit, got an attachment against the defendant▪ whereupon he was apprehended, and returned languidus; It is ordered that the attachment be discharged by supersedeas, the defendant paying 20 s. 6 d. to the Warden of the Fleet, and the ordinary charges to the plaintant: Brearton plaintant, Ap Roberts defendant. Anno 22. Eliz.  

The defendants wife examined as a witness.  It is informed that Coleston one of the defendants examined his own wife as a witness; It is thereofore ordered the plaintant may take a Subpoena against her on his behalf, and if Colston will not suffer her to be examined on the plaintants party, than her examination on the said Colstons party is suppressed; Bent plaintant, Allot and Colston defendants. Anno 22. Eliz.  
Upon the hearing of the cause it appeared that the suit was to be releived of a promise made by the defendant to the plaintant, 
Suit upon a promise to surrender a lease dismissed.  to surrender a lease upon payment of 100 marks by the plaintant unto him, and for that the matter is meet for the common Law, therefore dismissed: Grevill plaintant, Bowker defendant. Anno 22. Eliz.  
The Court was informed by one Palmer, 
Subpoena to testify where no cause was depending discharged.  that the three defendants are his servants, and were served with Subpoena to be examined before the Town Clark of London, who refused to be there examined, because the matter is not depending in London, but in her majesty's Bench; and yet Attachment is gotten against them, which kind of examination of witnesses, this Court taketh to be unorderly, and therefore ordered the Attachment be discharged; Price plaintant, Tench Holland and Packhouse defendants. An. 22. Eliz.  
The Earl of Huntingdon, 
Jurisdictio● of the North allowed.  precedent of the North signified by his Letters to the Lord Chancellor, that the lands for which the Bill is exhibited were ordered for the defendant by the counsel of the North parts, where the parties dwell, and land lieth; and the now plaintant upon serving his Subpoena was ordered by the council there to surcease his suit in this Court, and stand to the order of the said counsel; and yet the plaintant hath procured an Attachment against the defendant; therefore ordered the Attachment be discharged, and the matter dismissed: Harrison plaintant, Harrison defendant; . An. 22. Eliz.  

Jurisdiction of the Exchequer disallowed.  The defendant demurred because he is the Lord treasurer's man; and therefore ought to be privileged in her majesty's court of Exchequer, which cause of demurrer the Court allowed not for that the defend. can have no privilege, unless it were in such a case as the plaint. might have remedy in the Court of Exchequer: Lewin plaintant, Fawdesley defendant. An. 22. Eliz.  

A Subpoena cau●elously served, Attachment against the plaintant.  The defendant made oath the plaintant showed him a Subpoena, holding it in his own hand, and said it was against him, but would not let him have it, or see it, so that he might read it; neither would he deliver him any note of his appearance, nor tell him the same, but took witness that he had served the Subpoena, and about an hour after came again to the defendant, saying you were desirous to see the Subpoena, here it is, and thereupon showed the label to the defendant, but in such sort as he could not see the return; whereupon the defendant appearing found no Bill; therefore Attachment against the plaintant for misdemeanour: Mead plaintant, cross defend. An. 22. Eliz.  

A Bill for tuition of an infant.  The plaint▪ is Grandfather on the mother's side, to whom the Lands cannot come by the death of the infant, exhibiteth a Bill against the Grandfather on the part of the father's side, to have the education, and bringing up of one Richard Edge an infant, who is seized of an Estate tail of Lands, the remainder to the defendant, and to have the disposing of the profits of the Lands: But ordered with the defendant, for that it appeared there were divers remainders between the defendants and the infant's estate: Sweetman plaintant, Edge defendant. An 20. Eliz.  
Francis plaintant, 
Costs for a witness served to testify.  Sacheverill defendant. The defendant is adjudged to pay to John Hide 20 s. costs, he appearing upon a Subpoena, to testify on his behalf. An. 22. Eliz.  
The plaintant purchased Lands of the defend. An. 2. Eliz And had a Recognizance then acknowledged unto him, 
Deeds neglected to be enrolled a Subpoena to show why not.  for performing Covenants of the bargain and sale, and put one in trust to get both the indenture, and ●ecognizance enrolled, and paid him for the same; and now being evicted out of the possession of the lands, came to take out a scir. fac. upon the Recognizance, but finds it not enrolled; and therefore desireth the same might now be enrolled; It is ordered that a Subpoena be awarded against the defendant, to show cause why it should not; and M. solicitor who is present at the motion, is to give notice to some of his Clients, who have purchased (as he alleged) parcel of the lands to show cause why it shall not be enrolled: Siddenham plaintant, Harrison defendant. An. 22. Eli.  
The defendants inform that the Bill is exhibited for certain Lands parcel of the duchy of Lancaster; 
Jurisdiction of the duchy of Lancaster allowed.  and therefore ordered that for so much it shall be dismissed; Price plaintant, Lloyd Owen, and Read defendants. Anno 22. Eliz.  
The matter upon hearing appeared to be for a promise, 
The matter of as●umpsit re●ered to the common Law.  wherewith the defendant chargeth the plaintant, and 12 d. in money accepted upon the said promise, whereupon some trials, or non suits have passed; it is ordered that for the ending of the said matter of promise, that the matter be referred to the Common Law to be tried; Sutton plaintant, Erington defendant. An. 22. . Eliz.  
The defendant informed he was called upon by Subpoena dated the 8. of February, 
Feme sole sueth out a Subpoena, and the same day is married, dismissed with costs.  and by answer saith the said Jane Piers was married the 8. of February, and so at that time purchasing the Writ a woman Covert; therefore the defendant is dismissed with 13 s. 4 d. costs; Jane Peirs plaintant, John cause defendant. Anno 22. Eliz.  
The defendant was in possession at the time of the Bill exhibited, 
The plaint. enters upon the defend. possession ordered, either a dismission, or injunction.  the plaintant entered upon him; the defendant desired that either he might have an Injunction for his possession, or else that the cause might be dismissed, which the Court thought reasonable; it is ordered the plaintant shall show cause why it should not be granted; Hill plaintant, Portman defendant. Anno 22. Eliz.  

Prohibition for scythes, parcel of the duchy of Cornwall, but consultation if cause be not showed.  The plaintant Thomas Hilliar exhibited his Bill against the said William Kendal, that the said Thomas Hilliar was seized in Fee of two messages, 70. Acres of Pasture, Furzes, and Heath in Lanlivery, parcel of the Queen's majesty's duchy of Cornwall; and thereupon a prohibition against the said Will. Kendal, libelling in the spiritual Court for Tithes, as Farmer to the said Batten Vicar there, pretending that right of tithes for lands holden of her Majesty, as of her duchy of Cornwall ought to be determined in this Court; and also that the said John Hilliar had exhibited the like Bill, and procured a prohibition out of this Court against the said Batten; It is ordered a Subpoena be awarded against the plaintant, to show cause why a consultation should not be granted; Hilliar and Hilliar plainants, Lendall and Batten defendants. Anno 22. Eliz.  
Oath was made in the name of one Edward Jones, 
Perju●y in m●king oath for impotency, one of the same name sued for it, and discharged.  that the defendant Eton was sick, and the rest impotent, and not able to travel; whereupon a Commission was awarded to take their answers in the country; now Edward Jones of Ruthin was called up at the plaintants suit by process for perjury, and alleged he was not the party that made the oath, and brought a Certificate to justify he was at Ruthin when the oath was taken; therefore he is dismissed: Brearton plaint. Eton & uxor & aliis defendants. Anno 22. Eliz.  
Griffen Price made oath that where the plaintant served a subpoena upon him to appear before Commissioners, 
A witness not able to travel, discharged of contempt.  to testify on the plaintants party, he the said plaintant did not give o● tender him the said Griffen any money for his charges; and also that he was sick then and not able to travel; therefore ordered the said Griffen be discharged of the process of contempt gotten out against him for not being examined: More plaintant, Woreham defendant. Anno 22. Eliz.  
The plaintant seeketh to have the defendant to assure him certain lands sold him by the defendant, 
Jurisdiction of Wales not allowed for a promise.  in consideration of great sums of money already paid for the same, according to the promise of the defendant made in that behalf; the defendant demurreth for that the same promise was made within the Jurisdiction of Wales where both parties are dwelling; but this seemeth to the Court no sufficient cause of demurrer; and therefore ordered a Subp. be awarded to the defendant to answer: Hatton plaintaint, Prince defendant. Anno 22. Eliz.  

A Commission to answer, he returned a demurrer, therefore Attachment.  The defendant took out a Commission to take his answer in the country and returned a demurrer; therefore the plaintant took out an attachment which this Court liked well, for that the defendant did not directly answer; yet in regard of an oath made for the defendants impotency a new Commission is granted to take his answer, and discharged of the Attachment paying the ordinary Fees: pain & aliis plaintants, Carew defendant. Anno 22. Eliz.  

A councillor not to be examined of any matter, wherein he hath been of council.  The plaintant seeks to have Master Oldsworth examined touching a matter in variance, wherein he hath been of council; it is ordered he shall not be compelled by Subpoena, or otherwise to be examined upon any matter concerning the same, wherein he the said Mr. Oldsworth was of council, either by the indifferent choice of both parties, or with either of them by reason of any Annnuity or Fee: Dennis plaintant, Codrington defendant. Anno 22. Eliz.  

A Billet in paper served, and no Bill in Court costs is awarded.  The said Coleman maketh oath the said Porter did deliver him a Billet in Paper, and did show him a thing in yellow Wax; and told him it was a Subpoena, but did not declare to him at whose suit; therefore the said Porter is adjudged to pay to the defendant 20 s. costs for want of a Bill: Porter plaintant, Coleman defendant. Anno 22. Eliz.  

Feme covert, whose husband is in the galleys must answer matter of equity wherewith she is charged.  The plaintant showed by his Bill that he fraughted a Ship into Spain which was there confiscate and all his goods, for the defendants husband being Master of the Ship had an English Book found in the ship contrary to the Laws there, which he was forewarned of, and knew the laws, and the defendants husband was condemned to the galleys 14. years; and sithence the plaintant, as well for his own relief, as for the relief of the defendant devised to obtain licence from her Majesty, for transporting 60. Tuns of Bear, yearly for eight years, the commodity whereof to be equally between them; and the Bill exhibited to her Majesty was in both their names, and the party of the charge; but the defendant cautiously got the same altered into her own name, and hath sold the same away without yielding the plaintant any profit; The defendants doth demur, because she is a Feme covert; it is ordered a Subpoena be awarded against her to make a better answer: Castleton plaintant, Alice Fitz-Williams defend. Anno 22. Eliz.  
Thomas Jones made oath that a Writ of Injunction was left at the house of the defendant; 
Injunction left at the defendants house and disobeyed, an Attachment is awarded.  and the plaintant maketh oath the defendant hath proceeded in a suit in the King's Bench contrary to an Injunction; therefore an Attachment. Bodnam plaintant, Morgan defendant. An. 22. Eliz.  
Lower plaintant, Crudge defendant, 
Consil.  & uxor, & aliis defendants. Peter Prowse made oath the R. G. N. G. Io. B. and others having notice given unto them of an Injunction awarded out of this Court against the defend have disobeyed the same; therefore an Attachment is awarded against them. Anno 22. Eliz.  
Matthew Davis made oath that the defendant 
Costs for want of a Bill.  was served with a Billet of Paper at the plaintants suit, and upon his appearance no Bill in Court against him; therefore the plaintant is adjudged to pay the defend. 30 s. costs; Griffeth & aliis plaintants, Ap Jenn, Ap jenkin's defendants. An. 22. Eliz.  

jurisdiction of Wales allowed.  The defendant maketh oath that all the parties are inhabiting, and dwelling within the Jurisdiction of the Marches of Wales; and for that it appeareth by the plaintants Bill, that the matter therein contained is for a supposed Lease, and for no title of land; therefore the cause is dismissed, and the plaintant referred to take his remedy, before the Commissioners of the Marches of Wales; Arden plaintant, veal, and veal defendants. An. 22. Eliz.  

A Writ of privilege disallowed.  The defendant got a Writ of privilege as Servant to the Lord Keeper, and removed two several suits against him by the plaintant in London; forasmuch as the Lord Keeper declared in open Court, that the defendant is not now his servant; therefore ordered that the said two several causes be remaunded into London, and the defend. not to be allowed privilege of this Court: Warren and clerk plaintants, Ralph Maynard defendant. An. 21. Eliz.  

bailiffs of a Corporation not compellable to make a Lease.  The plaintant seeketh to compel the defendants to make unto him a lease, by reason of a promise made by William Allestre, and Anthony Bat, when they were bailiffs of the said Town, and ordered that the Corporation, nor any person which heretofore have been, nor which hereafter shall be bailiffs of the said Town, shall in any wise be charged as bailiffs with the said promise; but the plaintant if he will may take his remedy against the said Allestre, and Bat, not as bailiffs, but as common persons; George stranger plaintant, Beynbridge, and Edward Turnos lates bailiffs of Derby defendants. Anno 21. Eliz.  
Nicholas Dyer made oath that the defendant hath broken an order made in this Court; 
Attachment for breaking an order in Court.  therefore an Attachment against him; Margaret Stephens plaintant, John Bawden defend. Anno 21. Eliz.  
Christopher Almy, 
Suit for Hay, Corn, and grass not worth 40 s. dismissed.  Christopher from, James Wood, & aliis inhabitants de Magna Ashley plaintants, James Pycroft defend. the matter being for Hay, corn, and graft upon oath not worth 40 s. It is by order dismissed, for that it is of so small a Value. An. 21. Eliz.  
Parrot & aliis plaintants, 
Suit for the poor of a parish under 40. s. per annum, ●erained▪  Pawlet defendant; The suit being for the benefit of the poor of Drayton; it is retained though under 40 s. per annum. 21. Eliz.  
Forasmuch as Richard S●odard Justice, and Portrive, 
Attachment upon oath, before the Portrive of Minxhead.  and others his brethren of the Borough of Minxhead have certified under their common seal, that one Nicholas Hooper made oath before them for serving of a Subpoena on the defend. who hath not appeared; therefore an Attachment is awarded. Hooper & Hooper plaintants, Brace & uxor defendants. Anno 21. Eliz.  
Meerefield plaintant, 
Confil.  Cleverden defend. upon certificate made by the Major of Torrinton of serving a Subpoena, that Affidavit was made before him, for serving it upon the defendant who hath not appeared; therefore an Attachment is awarded. Anno 21. Eliz.  

A decree for the plaint. yet put out of possession by the defendant.  A decree was made for the plaintant for a Coppyhold tenement, and yet the defendant put the plaintant out of possession, notwithstanding the said decree; and the Lord Keeper did write his Letters to the defendant, to suffer the plaintant to enjoy the same Tenement according to the decree: Lane plaintant, the Lord Howard Viscount Bindon defendant. Anno 21. Eliz.  

Defendant departing without licence an Attachment.  The defend. was examined upon interrogatories upon the breach of an order of this Court, and departed without licence; therefore an Attachment; Boyle & uxor plaintants, Vivean defendant. An. 21. Eliz.  

Attachment discharged paying the plaintant 10 s. costs.  The defendant being served with a Subpoena the last term, and coming up out of Cornwall to London, heard by common voice, the term was adjourned, and therefore did go back again, and the plaintant got an Attachment against him, who hath appeared gratis, and put in his answer; and therefore he shall be discharged of the Attachment, paying 10 s. to the plaintant for his costs: Strangman plaintaint, Vivean defendant Anno 21. Eliz.  

Liberty for a common Fishing.  The question was for a liberty of common Fishing, and ordered for the plaintant; and upon Affidavit made the defendants have broken the same, ordered an Attachment shall go against them; bailiffs, Burgesses, and Commonalty of the Town of Yarmouth plaintants, William Paston, & aliis defendants. An. 21. Eliz.  
The plaintant and his Father were bound to the defendant in 500 l. to stand to the award of Sir James Dyer Knight, 
A Bond put in suit, for not performing an award stayed by Injunction.  and Lord chief Justice, who arbitrated that the plaintant, who had the reversion in Fee, and the Father who had the Estate for life, should make such assurance as the defendant should reasonably devise.  
The defendant did tender an assurance to the Father to be sealed, 
Injunction to stay suit at common Law.  who being old and blind, desired time to confer with his friends; the plaintant upon request sealed the assurance, and his father afterwards sent word to the defendant he was willing to seal it, but the defend. answered he did not pass whether he did or no, because he had but an estate for his life, and the defend. had his bond to enjoy it during his life, which he did accordingly; and yet nevertheless the defendant put the bond in suit upon his father's said refusal, but stayed by Injunction: Knight plaintant, Hartwell defend. Anno 21. Eliz.  
A Commission of Rebellion for not payment of costs was awarded against the defend. to one John ap David, 
Commission of Rebellion for not payment of costs.  who did thereupon apprehend the defend. and for his more safe keeping delivered him to Thomas Moston Esq. High sheriff of the County of Fl●nt, who took charge of the prisoner accordingly, and now refuseth either to deliver the prisoner to the Commissioner, or to bring him himself into the Court at the day; day is therefore given to the said Thomas Moston the late sheriff, to bring into this Court the body of the said defend. by Thursday next upon pain of 10 l. Evans Clerke Deane of Saint Asaph plaintant, Ap Rees, ap Bennet defendants. Anno 21. Eliz.  
The defendant was served with a counterfeit Subpoena, 
The defend, discharged of the Attachment because the Subpoena was counterfeit.  at the plaintants suit, but answered not because he was told the Subpoena was counterfeit; thereupon an Attach. issued against him ordered, that as well the defendant be discharged of the Attachment awarded against him as the said bailie, who as the defendant made oath delivered the counterfeit process to him, to show where, and of whom he had the Subpoena: Baily plaintant, haul defend. Anno 21. Eliz.  

An award ordered to be performed.  The Suit was to cause the defendant to perform an award of Arbitrators chosen by themselves, contrary to which award the defendant hath put in suit an obligation of 100 l. wherefore an Injunction was granted for stay of the suit; and upon the defendants showing his readiness to perform the award, ordered that the said award shall be duly performed by both the said parties: Reignolds plaint. Latham def. A. 21. E.  

The defendant licenced to depart after answer in a writ of privilege.  Matthew Carew one of the Masters of this Court plaintant, Thomas Burf●am defend. The defend. appearing this term upon an Attachment of privilege at the plaintants suit hath put in bail; and answered to the Declaration of the plaintant: therefore the defend. is licenced to depart till 15. Paschae next. An. 21. Eliz.  

The defendant commi●ted to the Fleet for a Rescue, brought an action for a false return.  Richard Champion a Commissioner in a Commission of rebellion returned a Rescue against Guy Bonvill, whh being examined, and his examination referred to two Masters of the Court, was found to have confessed the rescue; whereupon he was committed to the Fleet, and yet afterwards brought his action upon the case at the common law, against the said Champion for his false return; ordered that a Subpoena be awarded against the said Guy Bonvill, to show cause why an Injunction should not be awarded against him for stay of his action upon the Case; but afterwards, viz. 21. Eliz. the defendant was allowed to go forward in his action upon the case at the common Law, because either of the parties there may plead his matter; Joan Bonvill widow plaintant, Bonvill and Mary Billinghay defendants. An. 21. Eliz.  
The plaintants exhibited a frivolous Bill without a Counsellors hand, 
Subpoena against the plaintant to show where he had his counterfeit Writs, and answer his misdemeanour, and pay costs.  and got an Injunction for stay of any suit to be commenced in any of her majesty's Courts, but in this, which Subpoena and Injunction being served seemed to be counterfeit; therefore ordered a Subpoena be awarded against the plaintants, as well to show of whom they had the said Writ, and to answer their misdemeanours, as also to pay the defend. costs for his unjust vexation; John ap Edward, Ap Hugh, and David ap Howel, ap Jenkin plaintants, Ralph Jenkin defendant. An. 21. Eliz.  
The defendants made oath they were served with Billets of Paper at the plaintants suit, 
Costs for want of a Bill.  and upon their appearance no Bill in Court against them; therefore the plaintant is adjudged to pay the defendants 40 s. costs; Edmund Williams plaintant, Evan Williams, David Morgan, and Merrick Gran●owe defendants. An. 21. Eliz.  
Brown alias Garris, 
Costs for want of a Bill, the Billet being lost.  alias Pawdy plaintant, Stuit defendant made oath that he was served with a Billet in Paper, and upon his appearance no Bill in Court, and the defendant hath lost the billet of Paper, and yet costs is awarded. Anno 21. Eliz.  
The defendant put in a demurrer to the plaintants Bill, 
A demurrer without showing any cause ordered to answer.  without showing any cause of his demurrer; it is therefore ordered that a Subpoena be awarded against him to make a better answer; Offeley plaintant, Morgan defendant. Anno 21. Eliz.  

Five pound dismissed  The matter complained of by the Bill is for 5 l. debt for Fish, therefore dismissed; Ford & Ford plaintants, & Richard's defendant. Anno 21. Eliz.  

Commission to take the defendants answers, they being 70 years old a piece.  Symonds Brocebridge made oath that the said Elizabeth and Anne, two of the defendants are above the age of 70. years a piece, and that the said William was coming up to London in his company, and they were both robbed, and William his horse taken from him, whereby he could not come to make his appearance; therefore a Commission is granted to take all the said defendants answers in the country: Hill plaintant, Elizabeth Worley widow, William Stapleton, and Anne his wife defendants. Anno 21. Eliz.  

20. of F●b. Sir Nicholas Bacon died, 12 of April, the seal delivered to Sir Thomas Bromley.  Memorand. that the 20. day of February last, Sir Nicholas Bacon Knight, Lord Keeper of the Great seal of England died at York house, and the seal being the same day sent for by the Lord Treasurer, remained with the Queen's Majesty till the 12. day of April last, on which day the same was delivered to Sir Tho. Bromly Knight, Lord Chancellor of England. Paschae. 21. Eliz.  

council on both sides to attend concerning the ratifying of an award.  Whereby an order of the 10. of Feb. last, a Subpoena was awarded against the defendant, to show cause wherefore an award therein mentioned should not be ratified: Now Mr. Flowerdew of council on the defendants behalf informeth, that the said award was not made by any order of this court; and therefore desired that the said defend. may not be compelled to perform the same. It is ordered that council on both sides shall attend the morrow seven-night, and then order shalll be taken; Barkley Miles plaintant, Moor defendant. Anno 21. Eliz.  
The plaintant exhibited his Bill as a privileged man to Sir Francis Kempe, 
Jurisdiction of Chester allowed.  Prothonotary of this Court, for Lands lying in the County Palatine of Chester; and for that it appeared by Letters Patents openle showed in Court, under her majesty's Great seal of England, that this Court by any privilege should not hold plea of any Lands lying within the said County Palatine, It is therefore ordered to be dismissed, if the plaintant show not good cause: William Lomley plaintant, Thomas Greene, Thomas Marlowe, Robert Taylor, and James wag defend●nts. An. 21. Eliz.  
The plaintant was adjudged to pay the defen. 
No costs to be allowed upon a disclaimer.  37 s. 6 d. costs, for that he being served with Subpoena in Hillar. Term appeared, and by his answer disclaimed; and yet after the plaintant served him with a Subpoena to rejoin; but afterwards the same cost● were discharged by motion, for that the defendant had before the costs put in his rejoinder, but upon a disclaimer no costs is to be allowed: Read plaintant, Hawstead alias Lane defendants. Anno 21. Eliz.  
The defendant was taken upon a Commission of Rebellion at the plaintants suit, 
Costs allowed the defendant, being taken upon a Commission of rebellion.  required his costs to be allowed him, the Court asking the opinion of the clerks, it was agreed with one consent, that he should have his costs allowed; therefore ordered accordingly: Morgan plaint. Ap John Gowge defendant. Anno 21. Eliz.  
The defendant maketh oath that he was served with a Billet in paper at the plaintants suit, 
Costs for want of a Bill the Billet lost.  which Billet he lost by misfortune; and upon his appearance no Bill is in Court against him; therefore costs is awarded: Brown, alias Garris, alias Pawdy plaintant, Stoyck defend. Anno 21. Eliz.  

A Commission to examine witnesses in perpetual memory.  The plaintant exhibited his Bill to examine witnesses in perpetual memory, touching a lease of Lands, which he and those by whom he claimeth, hath enjoyed 40. years; the defendant by answer claimeth the Lands as copyhold of inheritance to Mr. Sowthwell, who is owner of the inheritance, and within age; and therefore prayed that no witnesses might be examined, till Mr. Southwell be of full age; and yet because the witnesses being old, and may die in the interim, therefore a Subpoena is awarded against the defend. to show cause why a Commission should not be granted: Hearing plaintant, Fisher defendant. An. 21. Eliz.  
John Budden maketh oath that the defendants confessed unto him they were served with a Subpoena at the plaintants suit and have not appeared; 
Attachment for not appearing.  therefore an Attachment is granted: Perry are plaintant, Gatter alias shared, and Cole defendants. An. 21. Eliz.  

Dismission for that they have been in possession 100 years.  Upon the hearing of the matter for the manor of Laughtor, and the Advowson of the Church of Laughton, in the County of Bucking. it appeared that the defendants and they from whom they claimed, have been in possession 100 years with divers descents; therefore the defendants are dismissed: Kinston plaintant, Pigot & aliis defendants. Anno 21. Eliz.  

Attachment for putting in a demurrer instead of an answer.  The defendant in Hillar. term made oath that he could not answer without sight of evidences in the Country; and having day given him he now hath put in no answer, but a demurrer contrary to the orders of this Court; therefore an attachment is awarded against the defendant: Farmer & aliis plaintants, Fox defendant. Anno 21. Eliz.  
John Harry made oath for the serving of a Subpoena on the defendants to rejoin; 
Day given to the defendant to rejoin.  therefore Monday next is given to the defendants to rejoin or else to lose the benefit thereof: Joanes' & aliis plaintants, Whitney, Miles, & aliis defendants. An. 21. Eliz.  
Whereas a Commission issued out to examine witnesses on both parties, 
A new commission to examine witnesses, because they appeared not before.  which is returned executed upon oath made by Giles Brever, that he served precepts from the Commissioners upon W. S. Tho. Lin. T. C. and Io. Peers to be examined on the defendants behalf before the said Commissioners who appeared not; it is therefore ordered that a new Commission be awarded to the former Commissioners at the defendants charge, as well to examine the said four witnesses as any other: shepherd plaintant, shepherd & aliis Defendants. An. 21. Eliz.  
The Duke of Northumberland acknowledged a Recognizance of 1000 marks to the Lord Crumwell, 
Not to extend one man's Lands only, where many are subject.  and after granted certain Lands to the defendant; afterwards both the Duke, and the Lord Cromwell were attainted of Treason, whereby the Recognizance came to the Queen, and in her name was put in suit by one Lane, to whom her Majesty had granted the same recognizance, who sought to extend the defendants said Lands alone, whereas there are divers other Lands to a great value in other men's hands liable to the said Recognizance; therefore it is ordered that no Liberate go out upon the said extent until the Court order the same: The Queen's Majesty plaintant, Colborne defendant, Anno 21. Eliz.  

Injunction to stay suit at Common Law.  The plaintant sought to be relieved upon an Obligation of 300 l. which he entered into to make a joyneture unto his wife, in consideration of 174 l. promised to him by the defendant in marriage, which was never paid unto him; therefore an Injunction is awarded, if cause be not showed: Osborne plaintant, haver's defend. An. 21. Eli.  

A new Commission to the defendant, and publication is stayed of witnesses examined by the plaint. in Court.  The plaintant and defendant both joined in Commission to examine witnesses, and the plaintant having the carriage of the Commission, did not execute the same, but did examine witnesses here in Court; therefore ordered the defend. should have a new Commission to the former Commissioners, wherein the plaintant might also examine if he list; and at the return thereof publication, and in the mean time publication is stayed: Mackworth plaintant, Swayefield, & aliis defendants. An. 21. Eliz.  

The defendant not to answer, till a Counsellors hand be put to the Bill.  A frivolous Bill was exhibited against the defendant, without a councillor's hand; and therefore ordered the defendant should not answer, until a councillor's hand we●e put to the Bill, and the contempt for not answering is suspended: Farly plaintant, child defendant. An. 21. Eliz.  

Dismission the Lands being under 40 s. per annum.  The defendant made oath that the Lands complained of by the plaintants Bill is under 40 s. per annum, therefore dismissed: Pottinger plaintiff, Cogayne defendant. Anno 21. Eliz.  

Injunction to stay a suit of Quo minus, in the Exchequer.  The plaintiff sued here to be relieved for a least of one thousand years of certain Lands, and depending the suit, the defendant by quo minus out of the Exchequer, being Tenant of other Lands to the Queen, brought an Ejectione firm against the under Tenants of the plaintant; therefore an injunction to stay the said suit of Quo minus if cause be not showed: Joanes' & aliis plaintants, Whitney Miles, & aliis defendants. Anno 21. Eliz.  
The plaintant made oath for the serving of a Subpoena on Mary Cavendish, 
Attachment against witnesses, served to testifie●  John Gilgate, William Pipe, and Edm●nd styles, to appear before Commissioners to be examined on his behalf; therefore an Attachment is awarded against them: Turnor plaintant, Warren defendant. Anno 21. Eliz.  
John quip made oath the defendant confessed he was served with a Subpoena for costs, 
Attachment for costs.  and hath not paid it; therefore an Attachment: Suell plaintant, Roger's defendant. Anno 21. Eliz.  
The defendant since the Bill exhibited, 
Injunction to stay suits at common Law.  commenced several suits at the common Law for the cause here complained of against the plain●ant, and his under Tenants; therefore an Injunction is awarded against him: through good plaintant, May & aliis defendants. Anno 21. Eliz.  
The defendant demurred generally without showing any cause of his demurrer: 
A demurrer generally ordered to answer.  therefore ordered if he show not, good cause of his demurrer upon F●iday next a Subpoena is awarded against him to make a better answer: Peachie plaintant Twyecrosse defendant. Anno 21. Eliz.  
It is ordered that if the plaintants do charge the defendants by their Bill for the issues and profits of Lands, 
The defendant charged upon account shall not answer if upon a p●omise, he shall.  which do lie in the County of Lancaster, merely by way of account, than the defendants shall not be compelled to answer; if the defendants be charged in respect of their promise, than they are to answer: Wingfield Miles & uxor plaintants, Fleetwood & aliis defendants. Anno 21. Eliz.  

A Commission by consent to prove the receipt of rents, fines, and Woodsales.  The suit was for certain rents, fines, and Woodsales received by the defendants testator during the plaintants minority. It appeared that if the plaintant had made good proof, he was to be relieved; therefore a Commission is awarded by consent: borough plaintant, A. B. defendant. Anno 21. Eli.   

The King's Order and Decree in Chancery for a Rule to be observed by the Chancellor in that Court exemplified and enroled for a perpetual Record there. Anno 1616.  
IAmes by the grace of God, &c. Whereas our Right Trusty and well-beloved Sir Francis Bacon Knight, our councillor and Attorney general, received a Letter from our Chancellor of England, Dated the 19 of March, An. Dom. 1615. Written by our express Commandment, directing him, and requiring him, and the rest of our learned council, to peruse such precedents as should be produced unto them from time of K. Henry the 7. and since of complaints made in the Chancery, there to be relieved according to equity, and conscience after Judgements in the Courts of the common laws, in Cases wherein the Judges of the common Law could not relieve them: And thereupon to certify us of the truth of that they shall find, and of their opinions concerning the same, which Letter followeth in these words.  
MAster attorney, His Majesty being informed, That there be many precedents in the Court of Chancery, in the time of King H. 7. and continually since, that such as complained there to be relieved according to equity and conscience, after Judgements in the Courts of the common Law, in Cases where the Judges of the common Law could not relieve them (being bound by their oath, to observe the strict rules of the Law) is willing to understand, whether there be such precedents as he is informed of: And therefore hath commanded me to let you know, that his will and pleasure is, that you call to assist you his majesty's sergeants, and solicitor, and to peruse such precedents of this kind, as shall be produced unto you; and thereupon to certify his Majesty of the truth of that you shall find, and of your opinions concerning the same; and for your better directions therein, I have sent you here enclosed a note in writing delivered unto me, mentioning some such precedents in King H. the 7. time and since. And I am told that there be the like, in former times; his Majesty expecteth your proceeding in this with as much speed as conveniently you may: And so I rest,  
Your very assured loving friend. T. Ellesmere Canc. At York house. 19 Martii, 1615.  
ANd whereas our Attorney general, and the rest of our learned council did thereupon return unto us their certificate, subscribed withal their hands according to our commandment, and direction given them by the said Letter, which Certificate followeth in these words;  

According to your majesty's commandment, we have advisedly considered of the note delivered unto us, of precedents of complaining and proceeding in Chancery after Judgements in common Law; and also have seen and perused the originals, out of which the same note was abstracted, upon all which we do find, and observe the points following.  

1. We find that the same note is fully verified, and maintained by the originals.  
2. We find that there hath been a strong current of practice of proceeding in Chancery after Judgement, and many times after execution, continued from the beginning of H. 7. Reign, unto the time of the Lord Chancellor that now is, both in the reigns (separatim) of the several Kings, and in the times of the several Chancellors, whereof divers were great learned men in the Law: It being in cases, where there is no remedy for the Subject, by the strict course of the common Law, unto which the Judges are sworn.  
3. We find that these proceedings in Chancery, hath been after Judgements, in actions of several natures, as well real as personal.  
4. We find it hath been after Judgements in your majesty's several Courts, the King's Bench, common Pleas, Justice in Oyre, &c.  
5. We find it hath been after Judgements obtained upon verdict, demurs, and where Writs of error have been brought.  
6. We find in many of the Cases, That the Judgements are expresjudgementsly mentioned in the Bills in the Chancery themselves to have been given, and relief prayed thereupon, sometimes for stay of execution, sometimes after execution, of which kind we find a great number in King H. the 7. his time.  
7. We find the matters in equity, laid in such Bills in most of the Cases, to have been matter precedent before the Judgements, and not matter of agreement a●●●●.  
8. We find in the said cases, not only the Bill preferred, but motions, orders, injunctions, and decrees thereupon, for the discharging, and releasing of the Judgements, or abiding the possession thereupon obtained, and sometimes for the mean profits, and the release of the costs, &c.  
9 We find in some of the cases in this very point, that Judgement hath been given, hath been stood upon by the defendants, and alleged by them by way of demurrer, and overruled.  
10. We find that the Judges themselves in their own Courts, when there appeared unto them matter of equity, because they by their oath and office, could not stay the Judgements, except it be for some small time, have directed the parties to seek relief in Chancery.  
11. We find that this hath not only been in the times of the several Chancellors, but by the Judges themselves, and that without difficulty, when they sat in Chancery in the vacancy, or absence of the Chancellor.  
12. We find the hands of sundry principal councillors at Law● whereof divers of them are now Judges, ●●d some in chie●e place in Bills of this kind.  
13. Lastly here were offered to have been showed unto us many other precedents, whereof we heard some read, and found them to be of like nature with those contained in the note.   
Francis Bacon, Randell Crew. Henry Montague, Hen. Yeluerton.   
And whereas also our said Attorney received one other Letter from our said Chancellor, with a case there enclosed, written likewise by our express commandment, dated the 27. of March, 1616 directing, & requiring him, and the rest of our learned council, together with the Attorney of our dear son the Prince, to confer together upon the said cause, and to consider advisedly of all the parts thereof; and thereupon to peruse all the the Statutes of Praemunire, or Provisoes, and all other Statutes● as they shall conceive to be necessary to be considered of, for the resolving the question propounded in that case; and thereupon to report unto us their opinions in writing concerning the same; which Letter and Case there enclosed follow in these words.  
MAster Attorney, His Majesty hath perused this case enclosed, and hath commanded me to send it to you; and his will and pleasure is, that you call unto you Mr. sergeant Montague, Mr. sergeant Crew, Mr. solicitor, and Mr. Walter the Prince's Attorney, and you confer together thereupon, and con●ider advisedly, and deliberately of all the parts thereof; and thereupon to peruse all the Statutes of Praemunire or Provisors, and all other such Statutes as you shall conceive to be necessary to be considered of, for the resolving the question propounded in this case, this his Majesty would have be done with mature deliberation, and yet with as much speed as conveniently you can; and when you have sufficiently informed yourselves therein, then to report to him your opinions in writing; and so I commit you to God and rest,  
Your very loving friend, T. Ellesmore Canc. At York house the 27. of March, 1616.  

A. hath Judgement and execution in the King's Bench, or common Pleas, against B. in an action of debt of 1000 l. And in an ejectione Firmae, of the manor of D. B. complains in the Chancery to be relieved against those Judgements according to conscience and equity, allowing the Judgements to be lawful and good by the rigour and strict rules of the common laws; and the matters in conscience and equity such as the Judges of the common Law (being no Judges in equity, but bound by their oaths to do the Law) cannot give any remedy or relief for the same, either by error or attaint, or by any other means. Questio. Whither the Chancery may relieve B. in this or such like cases, or else leave him utterly remediless and undone; and if the Chancery be restrained by any Statute of Praemunire, &c. Then by what Statute, or by what words in any Statute is the Chancery so restrained, and conscience and equity banished, excluded and damned? and whereas according to our said commandment, our said learned council, and the Attorney of our dear Son the Prince, returned unto us a Certificate of their opinions upon the said Statutes under all their several hands concerning the same case, which Certificate followeth in these words.  
According to your majesty's Commandment, we have deliveratly advised of the case sent unto us by the Lord Chancellor; and of the Statutes as well those of Praemunire as others, as far as we take it may concern the case; and for our better information therein, we have thought fit to send for, and peruse the original Records themselves remaining in the Tower of London, of those Statutes not only appearing upon the Roll of Parliament with the King's answers, which is the warrant to the Roll of Parliament.  
We have also taken into consideration as well book laws, as divers other Acts of Parliament, which may give light unto the Statutes, whereupon the question properly grows, together with such ancient Records and precedents as we could find, as well those which maintain the authority of the Chancery, as those which seem to impeach the same; and upon the whole matter we are all of opinion, that the Chancery may give relief to the case in question; and that no Statute of Praemunire, &c. or other Statute restrains the same.  
And because we know not what use your Majesty will be pleased to make of this our opinion, either for the time present or future; we are willing to give some reasons of the same, not thinking fit to trouble your Majesty with all those things whereupon we have grounded ourselves, selecting out some principal things, which moved us to be of this opinion, to the end this same may be a fuller object of your majesty's Princely Judgement, whereunto we always submit ourselves.  
And first we must lay for a sure foundation, that which was contained in our former Certificate, concerning the continual practice, by the space now of six score years, in the times of King Hen. the 7. King Hen. the 8. King Edward the sixt, Queen Mary, and Queen Elizabeth of this authority; and that in the time, when the same authority was managed, not only the Bishops which might be thought less skilful, or less affectionate towards the laws of the Land, but also divers great Lawyers, which could not but know and honour the Law, as the means of their advancement, Sir Thomas More, and the Lord Audly, the Lord Rich, Sir Nicholas Bacon, Sir Thomas Bromley, and Sir John Puckering; and further that most of the late Judges of the kingdom, either as Judges when they sat in Chancery by Commission, or as councillors at Law, when they set their hands to Bills, have by their judgement and council, upheld the same authority; and therefore for as much as it is a true ground That optimus legum interpres consuetudo, especially when the practice or custom passeth not amongst vulgar persons, but amongst the most high and scient Magistrates of the kingdom: And when also the practising of the same should lie under so heavy a pain as the Praemunire: This is to us a principal and implicit satisfaction; and those Statutes ought not to be construed to extend to this case; and this of itself, we know, is of far more force to move your Majesty, than any opinion of ours, because Kings are fittest to inform Kings, and Chancellors to teach Chancellors, and Judges to teach Judges; but further out of out own science and profession, we have thought fit to add those further reasons and proofs very briefly, because in case of so ancient a possession of jurisdiction, we hold it not fit to amplify.  
The Statutes upon which the question grows, are principally two; whereof one is a Statute of Praemunire, and the other is a Statute of simple prohibition; that of Praemunire is the Statute of 27. E. 3. cap. 1. And the Statute of the simple prohibition is the Statute of 4. H. 4. cap. 23. There are divers other Statutes of both kinds; but the question will rest principally upon those two, as we conceive it.  

The en●rance in Selden's discourse fol. 63 b.  For the Statute of 27. E. 3. it cannot in our opinions extend unto the Chancery, for these reasons.  

1. First out of the mischief which the Statute provides and recites, viz. That such suits and pleas (against which the Statute is provided) were in prejudice and disinherison of the King and his crown, which cannot be applied to the Chancery: for the King cannot be disinherited of jurisdiction, but either by a foreigner, or by his Subject; but never by his own Court.  
2. Out of the remedy which the Statute points; viz. That the offenders shall be warned within two months, to be before the King and his council, or in his Chancery, or before the King's Justices of the one Bench, or of the other, &c. By which words it is opposite in itself, that the Chancery should give both the offence and the remedy.  
3. Out of penalty which is not only severe, but hastily, namely that the offenders shall be put out of the King's protection, which penalty altogether savours of adhering to f●rreine Jurisdictions, and would never have been inflicted upon an excess only of jurisdiction in any of the King's Courts as the Court of Chancery is.  
4. Out of the Statutes precedent and subsequent 25. E. 3. cap. 1. and 16. R. 2. cap. 5. which are of the same nature and cannot be applied but to foreign Courts; for the word alibi, or elsewhere is never used, but where Rome is named specially before.  
5. The disjunctive in this Statute (which only gives the colour) viz. That they which draw any out of the realm in plea, whereof the Cognizance pertaineth to the King's Court (or) of things whereof Judgements be given in the King's Court, or which do sue in any other Court, to defeat or impeach the Judgements given to the King's Court; this last disjunction we said (which must go farther than Courts out of the realm, which are fully provided for by the former branch) hath sufficient matter and effect to work upon in respect of such Courts, which though they were totally within the realm, yet in jurisdiction were subordinate to the fo●reigner such as were the Legates court, the delegates court, and in general all the ecclesiastical courts within the realm at that time, as it is expressly construed in the Judges, 50. E. 4. fol. 6.  
6. In this the sight of the Record of the Petition doth clear the doubt, where the Subjects supplicate to the King to ordain remedy against those which pursue in other courts then his own against Judgements given in his court, which explains the word (other) to be other than the King's courts.  
7. With this agreeth notably the book of entries, which translates the word (in other court) not in alia Curia, but in aliena Curia.  
8. This Statute of vicesimo septimo, E. 3. being in corroboration of the common Law (as itself recites) we do not find in the Register any precedents of the Writs of adjura regia, which are framed upon chief cases that were afterwards made penal, by the Praemunire, but only against the ecclesiastical courts.  
9 Lastly we have not found any precedent at all, of any conviction upon the Satutes of Praemunire of this nature for suits in Chancery, but only two or three Bills of Indictment preferred, said nihilinde venit, for aught appears to us. For the Statute of H. 4. that we doubt was made against proceeding within the realm, and not against foreign; and therefore hath no penalty annexed, nevertheless we conceive that it extends not to the Chancery in the case delivered, for these reasons. 

1. First this Statute recites where the parties are made to come upon grievous pain, sometimes before the King himself, sometimes before the King's council, and sometimes in the Parliament to answer thereof anew, &c. Where it appeareth that the Chancery is not named, which could not have been forgotten, but was left out upon great reason, because the Chancery is a court of ordinary Justice for matter of equity; and the Statute meant only to restrain extraordinary Commissions, and such like proceedings.  
2. This appears fully by view and comparing the two Petitions, which were made the same Parliament of 4. H. 4. placed immediately the one before the other. The first which was rejected by the King, and the second, whereupon this Statute was made; whereof the first was to restrain the ordinary proceedings of Justice, that is to say in the Chancery by name, in the Exchequer, and before the King's council by process of privy Seal; unto which the King makes a royal and prudent answer in these words: The King will charge his Officers to be more sparing, to send for his Subjects by such process then heretofore they have been; but notwithstanding it is not his mind, that the Officers shall so far obtain, but that they may call his Subjects before them, in matters and causes necessary, as it hath been done in the time of his good Progenitors; and then immediately follows the Petition, whereupon the Act now in question was made, unto which the King gave his assent, and wherein no mention is made at all of the Chancery or Exchequer.  
3. If the Chancery should be understood to be within the Statute, yet the Statute extends not to this case; for the words are, that the King's Subjects are driven to answer thereof anew, which must be understood, when the same matter formerly judged, is put in issue or question again, but when the cause is called into the Chancery only upon point of equity, there as the point of equity was never in question in the common Law Court, so the point of Law or of fact (as it concerns the Law) is never in question in the Chancery; so the same thing is not twice in question, or as answered anew: for the Chancery doth supply the Law, and not cross it.  
4. It appeareth to our understanding, by the cause of error, and attaint in the same Statute, what Jurisdiction it was that the Statute meant to restrain, viz. such Jurisdiction as did assume to reverse and undo the Judgement, as error or attaint doth, which the Chancery never doth, but leaves the Judgement in peace, and only meddles with the corrupt conscience of the party; for if the Chancery should assume to reverse the Judgement in the point adjudged, it is void as appeareth 39 E. 3. f. 14.  
5. We find no precedents of any pro●ceeding to conviction or Judgement upon any indictment framed or grounded upon this Statute, no more than upon the Statute of Praemunire; and the ●ate Indictments are contra diversa Statuta not mentioning the particular Statutes.  
6. Lastly, it was a great mischief to force the Subject in all cases to seek remedy in equity, before he knew whither the Law will help him or no, which oftentimes he cannot do till after judgement, and therefore he is to seek his salve properly, when he hath his hurt.     
There be divers other things of weight which we have seen and considered of, whereupon we have grounded our opinion, but we go no further upon that we have seen.  
But because matters of precedents is greatly considerable in this case, and that we have been attended by the Clerks of the Chancery, with the precedents of that Court, and have not been yet attended by any officer of the King's Bench with any precedent of judgements, if it shall please your Majesty faithful report of them, as we have done of the other; all which &c.  
Francis Bacon, Hen. Montague. Randall Crew, Hen. Yeluerton. John Walter.   
Now forasmuch as Mercy and Justice be the true supports of your royal Throne; and that it properly belongeth to us in our Princely office, to take care and provide, that our Subjects have equal and indifferent Justice ministered to them, and that where their case deserveth to be relieved in course of equity by suit in our Court of Chancery, they should not be abandoned, and exposed to perish under the rigour and extremity of our laws; we in our Princely judgement having well weighed, and with mature deliberation considered of the said several reports of our learned council, and of all the parts of them, do approve, ratify, and confirm as well the practice of our court of Chancery expressed in the first Certificate, as their opinions for the Law upon the Statutes mentioned in their latter Certificate, the same having relation to the case sent them by our said Chancellor; and do will and command, that our Chancellor, or Keeper of the Great seal for the time being, shall not hereafter desist unto our Subjects upon their several complaints (now or hereafter to be made) such relief in equity (notwithstanding any former proceedings at the common Law against them) as shall stand with true merits and Justice of their cases, and with the former ancient and continued practice and proceeding of our Chancery; and for that it appertaineth to our Princely care and office only to Judge over all our judges, and to discern and determine such differences as at any time may or shall arise between our several courts, touching the jurisdictions, and the same to settle and decide as we in our Princely wisdom shall find to stand most with our honour, and the example of our royal Progenitors, in the best times, and the general weal and good of our people, for which we are to answer unto God, who hath placed us over them: Our will and pleasure is, that our whole proceedings herein by the decrees formerly set down be enrolled in our court of Chancery, there to remain of record, for the better extinguishing of the like questions or differences that may arrise in future times.  
Per ipsum Regem. Fran. Bacon. Hen. Yeluerton. Decimo octavo Iulii. Anno 14. R. Regis, &c.  
FINIS.